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BRPD InitiatedUsePernutActionandRevokeTime.doc-9/18/2020 <br />COUNTY OF HAWAII PLANNING DEPARTMENT <br />BACKGROUND AND RECOMMENDATION <br />INITIATOR: PLANNING DIRECTOR <br />AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 2, DIVISION 6 <br />OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) <br />RELATING TO USE PERMITS. <br />The Planning Director is initiating an amendment to Chapter 25 (Zoning Code), Article 2, <br />Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended), to update the time and <br />revocation requirements for the Windward Planning Commission and Leeward Planning <br />Commission to act on and revoke a Use Permit to be consistent with the Planning Commission <br />Rules of Practice and Procedure. <br />BACKGROUND <br />Currently the Zoning Code does not allow for a reasonable time frame for the Planning <br />Commission. (Commission) to render a decision on Use Permit applications. Additionally, the <br />Zoning Code does not currently allow the Planning Director (Director) to initiate revocation <br />proceedings for Use Permits. The proposed changes are intended to make the Zoning Code <br />consistent with Planning Commission Rules of Practice and Procedure, which currently allows <br />for a reasonable time for the Commission to render a decision on Use Permit applications after <br />the close of public hearing(s) and also allows for the Director to initiate revocations of Use <br />Permits that may be abandoned and/or noncompliant. <br />The proposed amendments will make the following specific changes: <br />• Removes the requirement that the Commission shall render a decision within <br />ninety days after acceptance of a Use Permit application and replaces it with a <br />requirement that the Commission either approve or deny a Use Permit application <br />no later than sixty days after the close of public hearing(s). <br />• Clarifies that the Commission can add conditions of approval that are not limited <br />to hours of daily operation and terms of the Use Permit. <br />• Clarifies that if the Commission fails to render a decision on a Use Permit <br />application in the required time, it is deemed approved unless a contested case <br />-1- <br />