ORD 2012-124 2010-2012 - Laserfiche WebLink

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"Section 25 -2 -76. Action on plan approval application. (a) The director may issue plan approval subject to conditions or changes in the proposal which, in the director's opinion, are necessary to carry out and further the purposes of this chapter and the considerations contained in section 25 -2 -77. Rh) (c)](b) The director may only issue plan approval for a telecommunication antenna or tower if the proposed use meets all of the conditions contained in sections 25 -2 -77 and 25 -4 -12, and if the applicant provides all verification required under section 25 -2 -74. [(d)](c)The director may only issue plan approval for a temporary model home or real estate office if the proposed use meets all of the conditions in section 25 -2 -77 and 25 -4 -8. [(e-)](d)The director shall render a decision to either approve or deny a plan approval application, other than for an agricultural tourism facility, within thirty days after acceptance of the application. If the director fails to render a decision within the thirty -day period, the application shall be considered approved without further certification by the director. For an agricultural tourism facility, the department shall conduct a site inspection prior to issuing plan approval, and the director shall render a decision to either approve or deny a plan approval application within sixty days after acceptance of the application. If the director fails to render a decision within the sixty -day period, the application shall be considered approved without further certification by the director. SECTION 5. Chapter 25, article 4, division 1, section 25 -4 -7 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, V, CN, CG2 [and] CV and CDH districts. A bed and breakfast establishment may be permitted in the RS districts and RA, FA, A districts, within the State land use urban district, provided that a use permit is obtained for each such use. A special permit shall also be required for any bed and breakfast establishment located in either the State land use rural or agricultural districts." SECTION 6. Chapter 25, article 5, division 5, section 25 -5 -52 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by amending subsection (d) to read as follows: "(d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special peitiiit is issued for each use if the building site is within the State land use rural district: (1) Bed and breakfast establishments, as permitted under section 25 -4 -7. [(1)](2)Crematoriums, funeral homes, funeral services, and mortuaries. 3