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<br /> COUNTY OF HAWAII ''��� /_• STATE OF HAWAII
<br /> • 'FtE•OFM►�
<br /> RESOLUTION NO. 432 20
<br /> A RESOLUTION URGING THE COUNTY OF HAWAII TO ESTABLISH FUNDING IN
<br /> FISCAL YEAR 2020-2021 FOR A COMPREHENSIVE AUDIT AND ANALYSIS OF
<br /> CHAPTER 23, SUBDIVISIONS, AND CHAPTER 25, ZONING, OF THE HAWAII
<br /> COUNTY CODE 1983 (2016 EDITION, AS AMENDED).
<br /> WHEREAS, Hawai`i Revised Statutes, Section 46-4, states in part that"Zoning in all
<br /> counties shall be accomplished within the framework of a long-range, comprehensive general plan
<br /> prepared or being prepared to guide the overall development of the county. Zoning shall be one of
<br /> the tools available to the county to put the general plan into effect in an orderly manner"; and
<br /> WHEREAS, Chapter 25, of the Hawai`i County Code 1983 (2016 Edition, as amended),
<br /> cited as the "Zoning Code", regulates and restricts development within the framework of the
<br /> General Plan in order to promote health, safety, morals, and the general welfare of the County, as
<br /> well as adherence to Hawai`i Revised Statute Section 46-4; and
<br /> WHEREAS, Chapter 23, of the Hawai`i County Code 1983 (2016 Edition, as amended),
<br /> cited as the "Subdivision Control Code", regulates and restricts the development of subdivision
<br /> plats and all streets or ways within the County created for the purpose of partitioning land; and
<br /> WHEREAS, the Subdivision Control Code was established by Ordinance No. 58,
<br /> effective, January 8, 1948, and the Zoning Code was established by Ordinance No. 149, effective
<br /> March 7, 1946; and
<br /> WHEREAS, as standard practice, subdivision control and zoning codes require regular
<br /> review and revision to remain relevant and efficient, consider best practices, and meet the needs of
<br /> the communities and development which they guide; and
<br /> WHEREAS, numerous targeted amendments have been made over the years to
<br /> Chapter 23 and Chapter 25, typically stopgap measures rather than long-term solutions, to address
<br /> omissions, errors, and new circumstances; and
<br /> WHEREAS, the ability of the Planning Department to successfully administer the
<br /> Subdivision Control Code and Zoning Code has been severely compromised as a result of age and
<br /> scores of piecemeal amendments, which currently present issues of obsoletion, redundancy, and
<br /> conflict, thereby leading to inconsistent interpretations, excessive rulemaking, and increased
<br /> appeals of the Planning Director decisions; and
<br /> WHEREAS, a comprehensive audit and analysis will help inform the eventual rewrite of
<br /> Chapters 23 and Chapter 25, to promote desirable and equitable development while mitigating
<br /> negative land use impacts on Hawai`i Island, coupled with improving processes and building trust
<br /> among stakeholders, including applicants, county staff, the Windward and Leeward Planning
<br /> Commissions, and the County Council, in addition to the community-at-large; now, therefore,
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