HomeMy WebLinkAboutBIL 134 Draft 02 2018-2020j OF
COUNTY OF HAWAII •` STATE OF HAWAII
ON
qTFOF•H/i'
BILL NO. 134
DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SIGN CODE
VARIANCES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Council finds that the consideration of applications for sign
variances pursuant to chapter 3, article 1, division 6, of the Code should be considered by the
director of the department of public works rather than the Council. Consequently, it is the
purpose of this bill to place this authority with the director of public works.
SECTION 2. Chapter 3, article 1, division 2, section 3-3 of the Hawaii County Code
1983 (2016 Edition, as amended) is amended by amending paragraph (a)(9) to read as follows:
9) "Design commission" means [the rr,,;i,,,, Village s .,i distfiet des;- ear
Ee r. slenj the appropriate board, commission, or committee established by
ordinance to review the design of structures in a special district listed in chapter
25, article 7."
SECTION 3. Chapter 3, article 1, division 6, of the Hawaii County Code 1983
2016 Edition, as amended) is amended to read as follows:
Division 6. Variances.
Section 3-22. Variances.
a) In unique cases where strict enforcement of this chapter would result in unnecessary
hardship or practical difficulty, and where desirable relief may be granted without detriment
to the public interest, convenience, or welfare, the [ ] director may
grant[, ,] a request for a variance from any provision of this chapter.
If the subject parcel is located in a special district with a design commission, the director
shall refer the variance application to the planning director and design commission for their
respective comments and recommendations. The planning director and the design
commission shall each submit comments and recommendations on the proposed variance
within sixthdays from the date that the proposed variance is transmitted to the planning
director and the design commission. Should either the planning director or the applicable
design commission, or both, fail to provide comments or recommendations within the sixty-
dav review period, the public works director may proceed to act on the variance application
as that director deems appropriate.
bj] Variance applications shall be submitted upon a form designated by the director and
shall include at a minimum, the following information and attachments:
1) The sign owner's and the property owner's name, phone number, and mailing address;
2) The location, tax map key number, and zoning of the property upon which the sign is
located;
3) A map showing:
A) The location of the sign; and
B) All streets adjacent to the lot or building where the sign is located;
4) A photo or drawing of the relevant sign(s);
5) A citation of the code section from which a variance is requested;
6) A complete copy of any sign permit application or rejection of the sign permit, if any;
7) An explanation of any unique circumstances, in particular, those arising from peculiar
physical conditions not ordinarily found in most districts, peculiarity of the business, or
other special event or circumstance;
8) An explanation of why granting the variance will not adversely affect the rights of
adjacent property owners or tenants, including an explanation of alternative measures,
if any, that the applicant is proposing to take in lieu of compliance with the applicable
code section;
9) [ ] Notice of the variance application shall be mailed by the
applicant to all property owners and tenants within three hundred feet of the affected
property net less than twenty days prior- to the initial hea-r;,,,zby theuu, a Gout yurrrr
nil n prior- to the ate of the hearing the plied t shall file with the eeg , c vcinrrc.ilr
proof ofser-vieeor-of good faith ef— As to serve otic of the he ng en the desig ucvzc
ar- theaffidavits,
lam]. The notice shall designate a public comment period ofnot less than twenty days
from the date of the mailing. The director shall consider proof of service, good faith
efforts to serve notice, and any written comments received, as part of the application;
10) An explanation ofwhy the variance will not unreasonably violate the interest, safety,
convenience, or general welfare of the public;
11) An explanation of why a strict application of the terms of this chapter would work an
unnecessary hardship and practical difficulty upon the applicant or the community;
12) [ , in bo
formats;paper- and eleetr-onie
If applicable, the [Trailu trill„ .^] planning director's and design commission's [mer
written [r-eee mend ti^^;] comments and
recommendations; and
tU3 Any fee(s), prescribed by this chapter.
c—)]Q Upon review of a complete application, [and, if applieable-,] the director shall [farwafd
the . ,.,lie ti..,-, thfough the p1.,m ing ,lir-eete - to the Trail„a village design
and/or any other- appheable advisor -5, eommission for- r-eview and reeommendation, then to
render a final decision,
which may be preceded by a preliminary review and recommendation, and may be appealed
to the board of appeals.
2
Section 3-23. Variances; criteria for granting.
a) Only in situations where the following conditions exist may a variance be granted:
1) Granting the variance is necessitated by peculiar physical conditions not ordinarily
found in most districts, because of the peculiarity of a business, or as a result of a
special event or circumstance;
2) Granting the variance will not adversely affect the rights of adjacent property owners
or tenants;
3) Granting the variance will not unreasonably violate the interest, safety, convenience, or
general welfare of the public;
4) A strict application of the terms of this chapter would work unnecessary hardship and
practical difficulty upon the applicant or the community;
5) Granting the variance will not constitute a grant of personal or special privilege
inconsistent with the limitations upon other properties under identical ordinances,
statutes, or rules; and
6) The application is complete.
b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value
of the sign, shall not be deemed to constitute sufficient reason to grant a variance.
e) Getineil r-eselutions gr-antingv....'.....%.%. teVests shall state the undeflying faetual basis far- the
satlsfie]"
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 5. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable.
SECTION 6. This ordinance shall take effect on June 1, 2020.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 714.2