Getting a sign variance from the Board of Appeals

An applicant may apply for a variance by filing a request with the Board of Appeals of the County of Kaua'i.A variance may be granted by the Board of Appeals from the provisions of this Article if the Board finds that each of the following criteria has been met:Because of special circumstances applicable to the building or property, including size, shape, topography, location or surroundings, the strict application of this Article deprives the property of privileges enjoyed by other property in the vicinity and within the same Zoning District, and the applicant shows that he or she cannot make a reasonable use of the property if this Article is applied. The fact that another property in the vicinity has a nonconforming sign shall not, in and of itself, be a sufficient basis for granting a variance. In no case shall a variance be granted that will provide the applicant with any special privileges not enjoyed by other properties in the vicinity.The strict application of the provision being appealed from would result in practical difficulty or unnecessary hardship, except that financial hardship to the applicant shall not be a permissible basis for the granting of a variance.Safety to life, limb, and property will not be jeopardized.The granting of a variance would not be injurious to any adjoining lot and any building thereon, would not create additional fire hazards, and would not be contrary to the purpose of this Article and the public interest.A variance shall not be granted to allow any sign prohibited by Sec. 15-4.4(a) through (d) of this Article.A variance shall not be granted to allow any type of sign within a zoned district which is not permitted in such district by this Article.A variance shall not be granted to allow an existing nonconforming sign unless all of the criteria in Sec. 15-4.12 are met.In making its determination, the Board shall take into account the character, use and type of occupancy and construction of an adjoining lot and any building involved.When these criteria are met, the variance permitted shall be the minimum departure from existing regulations necessary to avoid the deprivation of privileges enjoyed by other property and to facilitate a reasonable use, and which will not create significant probabilities of harm to property and improvements in the neighborhood or of substantial harmful environmental consequences.The Board shall indicate in writing, the particular evidences that support the granting of the variance.Notwithstanding Paragraph (b)(6) of this Section, the Board may grant a variance for portable signs in commercial and industrial districts if the above findings are made. If the Board grants such a variance for a portable sign, the following minimum requirements shall be imposed:Only one (1) singleor double-faced unlighted portable sign containing only the name of a commercial entity, and void of any advertisement, shall be allowed.The portable sign shall be set back a minimum of eight (8) feet from the property line of the commercial entity or contiguous business area of which such entity is a part.The portable sign shall be located not more than five hundred (500) feet from the commercial entity.The portable sign face shall be not more than four (4) feet high and two (2) feet wide, and the top of the sign shall not be higher than four (4) feet from the ground.The portable sign shall not be painted with, or made from any reflective or fluorescent material, and shall be in compliance with all applicable safety provisions of this Article.The frontage of the commercial or industrial entity shall be located more than seventy-five (75) feet from the nearest public roadway.The portable sign shall not be placed within the street right-of-way boundary of any public road or highway and shall not block, obstruct or impede, partially or completely, any public sidewalk or pedestrian walkway.