Hawaii Application to a Zoning Board for Variance From Zoning Restriction

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Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Title: Hawaii Application to a Zoning Board for Variance from Zoning Restriction: A Comprehensive Guide Introduction: In Hawaii, applicants seeking a variance from zoning restrictions must submit a detailed application to the Zoning Board. This enables individuals, communities, and businesses to deviate from the existing zoning regulations while ensuring that the proposed changes align with the overall objectives of land use planning and development. This article aims to provide a comprehensive understanding of the Hawaii application process for a variance from zoning restrictions, including the different types available and the necessary steps involved. Key Topics: 1. Zoning Restriction Variances: a. Area Variances: These variances pertain to modifications in dimensional requirements such as setbacks, lot coverage, height, or lot size. b. Use Variances: These variances are sought when there is a need to use the property or construct a building for purposes not allowed by the existing zoning regulations. 2. Hawaii Application Process: a. Researching Zoning Regulations: i. Identify the specific zoning district and restrictions in the designated area. ii. Analyze the existing zoning restrictions and understand the requirements for variances. b. Preparing the Hawaii Application: i. Detailed Project Description: Provide a comprehensive explanation of the proposed project, including its purpose, design, and goals. ii. Justification Statement: Present a strong justification describing the need for a variance and how it aligns with the public interest and the intent of the regulations. iii. Impact Analysis: Assess the potential impacts of the proposed variance on the surrounding area, including traffic, noise, and environmental considerations. Mitigation measures should also be included. iv. Documentation: Gather all required supporting documents, such as surveys, plans, drawings, and reports. c. Submitting the Application: i. Filling out the Application Form: Complete all necessary sections with accurate information. ii. Paying the Application Fee: Check with the relevant authority regarding the fee structure and payment methods. iii. Submission Deadline: Find out the deadline for submitting the application. 3. Review and Decision Process: a. Initial Review: The Zoning Board reviews the application for compliance with submission requirements, completeness, and accuracy. b. Public Hearing: The applicant may be required to present their case before the Zoning Board and answer any questions from board members or concerned parties. c. Decision-Making: The Zoning Board evaluates the application in light of the presented information, public feedback, and adherence to the land-use plan. The board can approve, deny, or impose conditions on the variance request. d. Notification of Decision: The applicant is notified in writing of the decision, specifying any conditions or requirements to be fulfilled if the variance is approved. Conclusion: The Hawaii application process for a variance from zoning restrictions allows individuals and businesses to propose modifications that align with their unique needs while considering the interests of the community. By understanding the different types of variances, preparing a comprehensive application, and actively engaging in the review process, applicants can navigate the zoning board application process effectively and potentially achieve the desired variance.

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FAQ

An area variance allows property owners to make a physical change to the property that would typically go against the zoning requirements. Examples of area variances include: Putting up a new fence where fences aren't usually permitted.

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.

A ?variance? is ?a decision by an agency to grant a modification to all or part of the literal requirements of an agency to a person who is subject to the rule.? A ?waiver? is ?a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.?

A variance is a request to deviate from current Zoning Bylaw requirements. If granted, a variance essentially waives a specific requirement of the Zoning Bylaw. For example, if a property owner wants to locate a structure closer to a lot line than the Zoning Bylaw allows, a variance would be required.

A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.

The variance is a measure of variability. It is calculated by taking the average of squared deviations from the mean. Variance tells you the degree of spread in your data set. The more spread the data, the larger the variance is in relation to the mean.

Examples of zoning variances Engaging in construction or some other alteration so that the building or property qualifies for a new zoning classification, like modifying a single-family home to be a duplex. Intent to change the use of an existing property or building, like turning a house into an antiques store.

A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Sometimes a landowner seeks a variance to allow a use of their property that is not permissible under the zoning ordinance.

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Major variances apply to projects on parcels over 20,000 square feet and are subject to. Authority review and action. Variance Submittal Requirements: Submit ... Application for Variance from Zoning Code requirements · Application for Variance from Subdivision Code requirements · Application to Board of Appeals for ...Applicants will still need to download the appropriate Planning Department application form from our website. (www.planning.hawaiicounty.gov), fill it out, and ... Sep 22, 2023 — Registering the property under state regulations for CPR (condominium property regime) does not affect the zoning regulations for the site. The ... Dec 15, 2017 — Fillable PDF versions of this application are available online at the Department's website. (www.mauicountv.gov) (Home > Departments > Planning ... Nov 4, 2015 — A variance allows a local zoning authority to permit a requested use or design that is otherwise prohibited. They've been described as "safety ... How To Apply: Completed variance or appeal applications shall be submitted to the Department of Planning. Approving Agencies: Variances and appeals are ... Upon finding by the board of variances and appeals at the completion of the hearing that the application presents a situation wherein strict enforcement of any ... Sep 23, 2015 — (3) the request, if approved, will not alter the essential character of the neighborhood nor be contrary to the intent and purpose of the zoning ... The applicant shall be advised of the hearing date by mail, and must appear or provide representation by agent at the hearing to present the case to the Zoning.

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Hawaii Application to a Zoning Board for Variance From Zoning Restriction