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Chapter 25 Zoning
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Chapter 25 Zoning
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3/23/2026 11:28:46 AM
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§ 25-2-42 H AWAI‘I C OUNTY C ODE <br />(c) In considering an amendment initiated by a property owner or other person which <br />proposes to change the district classification of any property, the director shall <br />consider the purposes of the existing and proposed district and the purposes of this <br />chapter and shall recommend a change in a district boundary only where it would <br />result in a more appropriate land use pattern that will further the public necessity <br />and convenience and the general welfare, and be consistent with the goals, policies <br />and standards of the general plan. <br />(1) The director shall recommend either the approval or denial of the proposed <br />amendment to the commission subject to conditions which would further the <br />intent of this chapter and the general plan and other related ordinances. <br />(2) The director shall make the recommendation within one hundred twenty days <br />after an application has been accepted by the director. <br />(3) If the director fails to make a recommendation on the proposed amendment <br />within the one-hundred-twenty-day period, the application shall be forwarded <br />to the commission without any recommendation from the director, and the <br />director’s failure to act shall be considered a favorable recommendation on the <br />application. <br />(4) The director shall prepare a report on surrounding properties of which any <br />portion is within one thousand feet, in the case of a subject property in the <br />State land use agricultural district, or three hundred feet, in the case of a <br />subject property in either the State land use urban or rural districts, of the <br />perimeter boundary of the subject property, and further shall transmit the <br />report to the commission and the council prior to their respective consideration <br />of the change of zone sought by the application. The report shall include: <br />(A) All changes of zone, and amendments thereto, granted to surrounding <br />properties; <br />(B) A description of the status of each condition for any such change of zone <br />that is not yet completed and subject to a time limitation; and the <br />remaining time provided for the performance thereof; and <br />(C) The maximum number of lots into which each surrounding property may <br />be subdivided under its district classification. <br />(d) The commission shall review any application initiated by a property owner or other <br />person for a change of zone and shall forward its recommendation on the <br />application to the council through the mayor for the council’s consideration and <br />action. <br />(1) In reviewing the application, the commission shall hold at least one public <br />hearing and shall provide reasonable notice of the date of the hearing to the <br />applicant. The commission shall also provide notice by publication of the <br />hearing, as provided in this chapter. <br />(2) Within ten days after receiving notice of the date of the public hearing, the <br />applicant shall serve notice of the hearing on surrounding owners and lessees <br />of record as provided by section 25-2-4. The applicant shall also serve notice on <br />owners and lessees of record interests in other properties which the <br />commission may find to be directly affected by the proposed amendment. <br />SUPP. 17 (1-2025) <br />25-26 <br /> <br />
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