BIL 283 Draft 02 2012-2014 - Laserfiche WebLink

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(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[,] or any special district with adopted design guidelines and/or standards, 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 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. For any plan approval application within a special district with adopted design guidelines and/or standards, the director shall render a decision to either approve or deny the plan approval application within forty-five days after acceptance of the application. If the director fails to render a decision within the forty -five-day period, the application shall be considered approved without further certification by the director." SECTION 5. Chapter 25, article 2, section 25-2-77 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-77. Review criteria and conditions of approval. (a) In reviewing a plan approval application, the director shall consider the proposed structure, development or use in relation to the surrounding property, improvements, streets, traffic, community characteristics, natural features, and may require conditions or changes to assure: (1) Adequate light and air, and proper siting and arrangements are provided for all structures and improvements; (2) Existing and prospective traffic movements will not be hindered; (3) Proper landscaping is provided that is commensurate with the structure, development or use and its surroundings; (4) Unsightly areas are properly screened or eliminated; (5) Adequate off-street parking is provided to serve the structure, development or use, regardless of the otherwise minimum requirements of this chapter; (6) Access to the parking areas will not create potential accident hazards; (7) Within reasonable limits, any natural and man-made features of community value are preserved; [and] (8) Dust, noise, and odor impacts are mitigated[...]; and (9) Compliance with any design guidelines or standards adopted by the council. (b) The director shall require any conditions or changes in the proposal which, in the director's opinion, are necessary to carry out the purposes of this chapter and the considerations contained in subsection (a) above." M