Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 1 - ADMINISTRATION
Chapter 5 - CONSERVATION DISTRICT
Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS
Section 13-5-36 - Temporary variance
Universal Citation: HI Admin Rules 13-5-36
Current through February, 2024
(a) Notwithstanding any provision of this chapter to the contrary, the board may grant temporary variances from identified land uses when the board determines that:
(1) There are special and unique
circumstances applying to the- proposed land use at its particular
location;
(2) The applicant proves
with clear and compelling evidence that the proposed land use is for the
benefit of public health and safety or that there are no other reasonable
economic uses of the property;
(3)
No reasonable and prudent alternative promotes the public interest as well as
the proposed land use; and
(4) The
variance and any conditions imposed on the land use authorized by the temporary
variance is not inconsistent with the intent and purpose of the subzone in
which the land use is located.
(b) No temporary variance shall be approved for more than one year, and no extension thereof or reapplication therefore shall be approved.
(c) Temporary variances require a board permit.
(d) This section shall not apply to the removing, harvesting, dredging, mining, or extraction of any material or natural resource on land.
(e) The application for temporary variance shall be accompanied by:
(1) An application fee of $100.
(2) A public hearing fee of $250, if
applicable.
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