Sign Variance Applications

A. A lessee or owner of real property upon which a sign is to be erected or an agent thereof with authorization from the owner and lessee, may apply for a variance from the requirements of this chapter. The director shall prescribe forms for this purpose. B. The variance application shall be submitted to the director, with a non-refundable filing fee, as established in the budget ordinance. The director shall review the application for completeness and shall inform the applicant within five working days of any additional information required to complete the application. Within five working days after receiving a completed application, the director shall transmit the application to the board for action. For variances for signs in historic district no. 1 and historic district no. 2, as established by chapter 19.50 of this code, the director shall transmit the application to the commission. The board or commission, as applicable, shall hold a meeting on the application. C. The board, or commission, as applicable, may grant a variance if it finds one of the following: 1. A variance may be granted for a structure or activity which is undertaken by a public agency or by a public utility regulated under chapter 269, Hawaiʻi Revised Statutes, or a private facility or improvement which is undertaken by a private entity and is clearly in the public interest; provided that the proposal is the practicable alternative which best conforms to the purpose of this chapter. 2. A variance may be granted for a sign if the following criteria are met: a. Unique circumstances or special conditions exist which are peculiar to the land, structure, or activity involved. b. The proposal is the most practicable alternative. c. The granting of the variance would not be contrary to the purposes of this chapter. D. Within sixty days after the public meeting for a variance application, the board or commission, as applicable, shall grant the variance, grant the variance with appropriate conditions, or deny the variance; provided, that if the board or commission does not act within sixty days, the variance application shall be deemed approved. The board or commission shall set forth in writing the specific reasons for actions taken for variance applications. E. Within two business days after the board or commission, as applicable, makes its final decision, the director shall issue an appropriate sign permit, with or without conditions, to the applicant or transmit a notice to the applicant that the variance application has been denied. F. The board and commission may adopt rules to implement this section. ( Ord. No. 4434, § 1, 2017 ; Ord. No. 4408, § 7, 2017 ; Ord. 3057 § 2 (part), 2002)