Haw. Code R. § 19-170-63 - Variances
(a) The corporation shall hear and determine
petitions for varying the application of this chapter with respect to a
specific parcel of land and building, and may grant a variance based on
unnecessary hardship if the record shows that:
(1) The applicant would be deprived of the
reasonable use of land or building if it were used only for the purpose allowed
in that zone;
(2) The request of
the applicant is due to unique circumstances and not the general conditions in
the area, so that the reasonableness of the zoning is not drawn into question;
and
(3) The use sought to be
authorized by the variance will not alter the essential character of the area
nor be contrary to the intent and purpose of this chapter or the development
plan.
(b) The corporation
shall specify the particular evidence which supports the granting of a
variance. The corporation may impose reasonable conditions in granting a
variance.
(c) Prior to making a
determination on a variance application, the corporation shall hold a public
hearing. The public hearing shall afford interested persons a reasonable
opportunity to be heard.
(d) The
application for variance shall be accompanied by a fee of $200 plus the cost of
publication of notice to defray the expenses of holding a hearing. The cost of
the hearing notice shall be refunded only if the public hearing notice has not
been submitted to the publishing agency.
(e) Any variance granted under the provisions
of this section shall automatically terminate if a development permit for a
development requiring said variance has not been issued within two years from
the date of granting the variance. This time limit may be extended for a period
not to exceed two years, on the corporation's approval of the applicant's
request and justification in writing for an extension, provided the request and
justification are received by the corporation at least one hundred days in
advance of the automatic termination date of the variance and there are no
material changes in circumstances which may be cause for denial of the
extension. Prior to making a determination on a request for extension, the
corporation shall hold a public hearing. The request for extension shall be
accompanied by a fee of $200 plus the cost of publication of notice to defray
the expenses of holding a hearing. The cost of the hearing notice shall be
refunded only if the public hearing notice has not been submitted to the
publishing agency.
(f) All requests
for variances and the applicable requirements and procedures thereto shall
comply with subchapter 5 of subchapter 19-170, Hawaii Administrative
Rules.
Notes
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