Variances and appeals

A. The board of variances and appeals must hear and decide appeals alleging an error in any requirement or determination by the director and requests for variances from the requirements of this chapter. B. Application. Applications for variances and appeals must conform to the requirements of chapter 19.520 . The application must be certified by an architect or engineer, and must include three sets of the following documentation: 1. Plans and specifications showing: the site and location; dimensions of all property lines and topographic elevation of the lot; existing and proposed structures and improvements, fill, and storage areas; location and elevations of existing and proposed streets and utilities; floodproofing measures; relationship of the site to flood boundaries; and existing and proposed flood control measures and improvements. 2. Cross-sections and profile of the area and the base flood elevations based on mean sea level. 3. Flood study and drainage report. 4. Description of surrounding properties and existing structures and uses, and the effect of a base flood as a result of the variance. 5. Justification for the variance with consideration of the intent and provisions of this chapter and information on the impact the variance would have on the factors listed in subsection C and proposed mitigative measures. 6. An agreement to insert and record covenants in the conveyance and title documents of the property that the property is located in a special flood hazard area and is subject to flooding and flood damage. The covenants must contain statements attesting to all adverse effects resulting from the variance. The covenants must also state that the property owner or owners and assigns must not file any lawsuit or action against the County for costs or damages or any claim, and must indemnify and hold harmless the County from any liability when loss, damage, injury, or death occurs due to the flood hazard variance and flooding of the property. On approval of the flood hazard variance, covenants must be fully executed and submitted to the director for approval. On approval, the applicant must file the covenants with the bureau of conveyances. C. In passing on variance applications, the board of variances and appeals must consider: 1. The danger that materials may be swept onto other lands to the injury of others. 2. The danger to life and property due to flooding or erosion damage. 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the existing owner and future owners of the property. 4. The importance of the services provided by the proposed facility to the community. 5. The necessity, if any, to the facility of a waterfront location. 6. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage. 7. The compatibility of the proposed use with existing and anticipated development. 8. The relationship of the proposed use to the community plan and floodplain management program for that area. 9. The safety of access to the property in time of flood for ordinary and emergency vehicles. 10. The expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters expected at the site. 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of utilities and facilities, such as sewer, gas, electric, and water systems, and streets and bridges. D. Conditions for variances. 1. Variances will be issued only upon a determination that the variance is peculiar to the property involved and is the minimum necessary to afford relief to the applicant with minimum deviation from the requirements of this chapter. 2. Variances will be issued only on (a) a showing of good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, defraud or victimize the public, or conflict with existing County or State laws. Mere economic or financial hardship, or inconvenience, or aesthetic preferences, will not, by themselves, constitute a finding of exceptional hardship. 3. Variances will not be issued within any designated floodway if any increase in base flood levels would result. 4. Variances may be issued for new construction, substantial improvements, and other proposed new developments to be erected on a lot of one-half acre or less in size contiguous to, and surrounded by, lots with existing structures constructed below the base flood level, provided that the procedures of sections 16.29.050 and 16.29.060 have been fully considered. For lots greater than one-half acre, the technical justification required for issuing the variance must be greater. 5. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 6. If the provisions of subsection B are satisfied and the proposed structure or other development is protected by methods that minimize base flood damage and create no additional threats to public safety, variances may be issued for new construction, substantial improvements, and other proposed new developments necessary for a purpose that cannot be performed unless located in close proximity to water, which is limited to docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but not long-term storage or manufacturing facilities. 7. On consideration of the factors of subsection B and the purposes of this chapter, the board of variances and appeals may attach conditions to the granting of a variance as it deems necessary to further the purposes of this chapter. E. Any applicant to whom a variance is granted must be given written notice signed by the director that: 1. The issuance of a variance to construct a structure below the base flood level will likely result in substantially increased premium rates for flood insurance. 2. Construction below the base flood level increases risks to life and property. A copy of the notice must be recorded by the applicant in the bureau of conveyances of the State of Hawaiʻi in a manner that appears in the chain of title of the affected parcel. F. The director will maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its biennial report submitted to the Federal Insurance Administration and FEMA. ( Ord. No. 5603 , § 3, 2024)