BIL 179 Draft 01 2012-2014 - Laserfiche WebLink

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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 179 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25- 2-42 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SITE VISITS FOR CHANGE OF ZONING DISTRICT APPLICATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 2, division 4, section 25-2-42 of the Hawaii County Code 1983 (2005 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) Prior to making a recommendation, the director, or the director's authorized representative shall conduct a site visit of the designated property to: (A) Verify that the information within the application is accurate; (B) Determine if there are any omissions with consideration for the application requirements; and (C) Find and record unusual circumstances that may warrant special consideration by the commission and council. The director shall affix a report providing the findings of the site visit as part of the director's recommendation. Additionally, the director may utilize the findings of the site visit to incorporate requirements within the conditions for a change of zoning district application to mitigate any potentially deleterious effects of the proposed use. [(3)]t4) 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."