HAR §15-22-14. Variances

(a) The authority 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 neighborhood, so that the reasonableness of the neighborhood 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 locality nor be contrary to the intent and purpose of this chapter or the mauka area plan. (b) The authority shall specify the particular evidence which supports the granting of a variance. The UNOFFICIAL COMPILATION June 2005 22-15 authority may impose reasonable conditions in granting a variance. (c) Prior to making a determination on a variance application, the authority shall hold a public hearing. The public hearing shall afford interested persons a reasonable opportunity to be heard. (d) 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 authority's approval of the applicant's request and justification in writing for an extension, provided the request and justification are received by the authority 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 authority shall hold a public hearing. (e) All requests for variances and the applicable requirements and procedures thereto shall comply with subchapter 5 of chapter 15-16, Hawaii Administrative Rules. [Eff 9/8/86, am and comp 1/28/88, am 1/29/90, am and comp 2/24/90, am 12/15/94] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-14 is based substantially upon §15-17-15. [Eff 2/27/82; am 5/31/84; R 9/8/86]