BIL 025 Draft 01 2012-2014 - Laserfiche WebLink

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SECTION 5. Chapter 25, article 2, division 7, section 25-2-76 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "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. (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. (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. (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 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 6. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to plan approval for major agricultural tourism and in conformance with section 25-4- 15(d). 5