MCC §18.32.010

Applying for a Variance from Title 18

Read the official text at library.municode.com ↗

This section explains how to ask for a variance (a special exception) from Title 18 rules when you are subdividing land. You must file a written request with your preliminary plat, and the board can only approve it if you meet five specific conditions. The board must find that your property has unique physical or geographic problems, that the variance is needed to avoid real hardship, that the problems aren't your fault, that it won't harm the public or neighbors, and that your property has the right zoning.

homeownerslandlordstenants

The ordinance, as written (Maui County) — Generally

A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.

Application for a variance from provisions of title 18 of this code by a subdivider shall state the facts relied upon by the petitioner. Such petition shall be filed with the preliminary plat of the subdivisions. No variance shall be granted unless the board of variances and appeals finds the following facts: A. That there are special geographical or physical circumstances or conditions affecting the property that are not common to all property in the area; B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner and extraordinary hardship would result from strict compliance with the provisions of this title because of the special geographical or physical circumstances or conditions affecting the property; C. That the special geographical or physical circumstances or conditions affecting the property are not the result of previous actions pertaining to the subdivision; D. That the granting of the variance shall not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity of said property; E. That the property has obtained an appropriate zoning designation; provided, that for purposes of this chapter, districts with interim zoning shall not be considered an appropriate zoning. (Ord. 2135 § 5 (part), 1992: Ord. 2015 § 2, 1991: Ord. 789 § 1 (part), 1974: prior code § 11-1.23)

Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026

Published by the County of Maui through Municode.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.