BIL 134 Draft 01 2022-2024 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII �Tt OFNPi BILL NO. 134 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 25-2-42 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO AMENDMENTS INITIATED BY PROPERTY OWNERS AND OTHER PERSONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 2, section 25-2-42, of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by amending subsection(c) to read as follows: "(c) In considering an amendment initiated by a property owner or other person which proposes to change the district classification of any property, the director shall consider the purposes of the existing and proposed district and the purposes of this chapter and shall recommend a change in a district boundary only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the general plan. (1) The director shall recommend either the approval or denial of the proposed amendment to the commission subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. (2) The director shall make the recommendation within one hundred twenty days after an application has been accepted by the director. (3) If the director fails to make a recommendation on the proposed amendment within the one-hundred-twenty-day period, the application shall be forwarded to the commission without any recommendation from the director, and the director's failure to act shall be considered a favorable recommendation on the application. c4) The director shall prepare a report identifying all buildings, excluding existing buildings, that are legally permitted to be constructed on surrounding properties of which any portion is within one thousand three hundred and twenty feet of the perimeter boundary of the property affected by the application. The report shall describe the permit, approval, entitlement, or other privilege under this chapter or State law providing for each such building. The director shall transmit the report to the commission and the council prior to their respective consideration of the change of zone sought by the application."