Section 19-170-63 - Variances(a) The corporation 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 area, so that the reasonableness of the 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 area nor be contrary to the intent and purpose of this chapter or the development plan.(b) The corporation shall specify the particular evidence which supports the granting of a variance. The corporation may impose reasonable conditions in granting a variance.(c) Prior to making a determination on a variance application, the corporation shall hold a public hearing. The public hearing shall afford interested persons a reasonable opportunity to be heard.(d) The application for variance shall be accompanied by a fee of $200 plus the cost of publication of notice to defray the expenses of holding a hearing. The cost of the hearing notice shall be refunded only if the public hearing notice has not been submitted to the publishing agency.(e) 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 corporation's approval of the applicant's request and justification in writing for an extension, provided the request and justification are received by the corporation 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 corporation shall hold a public hearing. The request for extension shall be accompanied by a fee of $200 plus the cost of publication of notice to defray the expenses of holding a hearing. The cost of the hearing notice shall be refunded only if the public hearing notice has not been submitted to the publishing agency.(f) All requests for variances and the applicable requirements and procedures thereto shall comply with subchapter 5 of subchapter 19-170, Hawaii Administrative Rules.[Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7) (Imp: HRS §§ 206J-5, 206J-7)