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<br /> <br /> <br /> <br /> <br /> <br /> AN ORDINANCE AMENDING CHAP. 25, ARTICLE 2, DIVISION 4, SECTION 25-2-45 OF <br /> THE HAWAII COUNTY CODE 1983 (2005 EDITION) WITH RESPECT TO <br /> NON-SIGNIFICANT ZONING CHANGES. <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> <br /> SECTION 1. Purpose. The Zoning Code allows some zoning changes, called <br /> "nonsignificant zoning changes", to be done administratively by the planning director, rather than <br /> <br /> by action of the county council. The purpose of this ordinance is to clearly limit the scope of <br /> <br /> such changes so that only small changes, not affecting more than five percent of any lot or one <br /> acre, whichever is less, can be made without the county council enacting a rezoning ordinance. <br /> <br /> <br /> SECTION 2. Chapter 25, article 2, division 4, section 25-2-45, Hawaii County Code <br /> 1983 (2005 Edition, as amended) is amended to read as follows: <br /> <br /> <br /> "Section 25-2-45. Nonsignificant zoning changes. <br /> (a) The director may administratively grant any nonsignificant zoning change. A nonsignificant <br /> zoning change must comply with the designations for the property set forth in the general plan <br /> and any development plan adopted by ordinance, and not result in an increase or decrease in anv <br /> zoning designation affecting more than five percent of the area, or one acre, of any lot, <br /> whichever is less.[ Enu <br /> (1) Net result in a net inerease in the density allowed in the isening distriet(s) een4aining the <br /> affeeted afea of <br /> (2) Be the lesser of a five pereent of: F deerease in the area of any zonin <br /> distr] <br /> (b) The applicant for a nonsignificant zoning change shall give notice to surrounding owners and <br /> lessees of record, pursuant to section 25-2-4, and shall post a sign for public notification as <br /> provided by section 25-2-12." <br /> <br /> SECTION 3. Material to be replaced is bracketed and stricken. New material is <br /> <br /> underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need <br /> not be included. <br /> <br /> <br /> SECTION 4. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> <br /> <br /> SECTION 5. This ordinance shall take effect upon its approval. <br /> <br /> <br /> <br /> <br /> -I- <br />