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r • ' BRPDInit-ZCode-NodceFix.doc-1/23/12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION) RELATING TO NOTIFICATION REOUIREMENTS FOR ZONING AMENDMENT, PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT APPLICATIONS The Planning Director is initiating an amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 edition)relating to notification requirements for zoning amendment,project district and agricultural project district applications. The proposed amendment is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. BACKGROUND On June 7, 2010,the Hawaii County Council adopted Ordinance No. 10 52 which amended Article 2, Division 1, Section 25-2-4, subsection(b)of Chapter 25 (Zoning Code), as follows: (b) The applicant shall first serve notice of the filing of the application on the surrounding owners and lessees within ten days after the [ en - •• - • - • • . • . -] director or commission has officially acknowledged receipt of the application,and shall again serve notice of the application and of any proposed action or public hearing on the surrounding owners and lessees,within ten days after receiving notice from the director or the commission of the date of the proposed action or hearing. The second notice shall be served not less than ten days prior to the date of the proposed action or hearing. The amendment changed the timing of when an applicant is required to notify surrounding property owners and lessees of the filing of various applications granted by means of the Zoning Code. However, related portions of the Zoning Code(Sections 25-2-42(b), 25-6- 44(b) and 25-6-54(b)) were not amended at that time to reflect the change. These sections of the code are not consistent with Section 25-2-4(b) and therefore cause undue confusion to applicants and Planning Department staff. Thus, the Planning Director proposes amending the incorrect sections to be consistent with the notification requirements in Section 25-2-4(b). -1- Comm. 671 Bill 231