HAR §13-5-36. Temporary variance

(a) Notwithstanding any provision of this chapter to the contrary, the board may grant temporary variances from identified land uses when the board determines that: (1) There are special and unique circumstances applying to the proposed land use at its particular location; (2) The applicant proves with clear and compelling evidence that the proposed land use is for the benefit of public health and Unofficial Copy §13-5-36 5-42 safety or that there are no other reasonable economic uses of the property; (3) No reasonable and prudent alternative promotes the public interest as well as the proposed land use; and (4) The variance and any conditions imposed on the land use authorized by the temporary variance is not inconsistent with the intent and purpose of the subzone in which the land use is located. (b) No temporary variance shall be approved for more than one year, and no extension thereof or reapplication thereafter shall be approved. (c) Temporary variances require a board permit. (d) This section shall not apply to the removing, harvesting, dredging, mining, or extraction of any material or natural resource on land. (e) The application for temporary variance shall be accompanied by: (1) An application fee of $250; and (2) A public hearing fee of $250, plus publication costs, if applicable. [Eff 12/12/94; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §§183C-3, 183C- 4) §13-5-37 REPEALED