HomeMy WebLinkAboutBIL 005 Draft 01 2020-2022AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 6 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE PERMITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Purpose. The purpose of this amendment is to update the decision-making timeframe for use permits and clarify requirements and procedures for the Planning Director, Windward
Planning Commission, and Leeward Planning Commission to revoke a Use Permit. The proposed amendments are intended to make the Zoning Code consistent with the Planning Commission Rules
of Practice and Procedure.
SECTION 2. Chapter 25, article 2, division 6, section 25-2-64 of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 25-2-64. Action on use permit.
(a) Within [ninety] sixty days [after acceptance of a use permit application] following the close of the public hearing or public hearings as the case may be, or within such longer period
as agreed to by the applicant, the commission shall either deny or approve the application. The commission’s decision shall be accompanied by a statement of factual findings supporting
the decision [, together with any conditions imposed upon a use permit approval].
(b) In approving any use permit application, the commission may issue the approval subject to conditions, including but not limited to hours of daily operation and terms of the use permit.
The conditions imposed by the Commission shall bear a reasonable relationship to the use permit granted.
(c) If the commission fails to render a decision within the prescribed period, the application shall be considered as being approved[,] unless an extension is agreed to by all parties,
provided that no [written objection] contested case hearing pertaining to the use permit is [received] pending before the commission.
(d) Concurrent requests may be acted upon by the commission in conjunction with a use permit application.”
SECTION 3. Chapter 25, article 2, division 6, section 25-2-67 of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 25-2-67. Revocation of a use permit.
[(a) A use permit shall be revoked by the commission at the request of any property owner who holds the use permit sought to be revoked or at the request of any other person with the
property owner’s consent upon the submission of a written statement to the commission
verifying that the use approved under the use permit issued has either not been established or has been abandoned.
(b) The commission may revoke any use permit upon request of the director if:
(1) There have been continual violations of the use permit; or
(2) The use authorized under the use permit is creating a threat to the health or safety of the community; or
(3) The use authorized under the use permit has been abandoned for a continuous period of two years.
(c) The proceeding to revoke a use permit, upon request of the director, shall require written notice to the property owner and to the person who has been issued the permit prior to
the commission taking action to revoke the permit.
(d) A property owner or other person affected by the proposed revocation of a use permit ordered by the commission, may, within thirty days after the mailing of the commission’s order,
appeal the commission’s action to the third circuit court pursuant to chapter 91, Hawai‘i Revised Statutes.]
(a) A use permit may be revoked by the director in the event that any property owner who holds the permit sought to be revoked or any other person, with the property owner’s consent,
submits a written statement to the director verifying that the development approved under the permit issued has either not been established or has been abandoned.
(b) A use permit may be revoked by the commission upon the request of the director when the director determines the following conditions exist:
(1) There has been noncompliance with the conditions of the permit; or
(2) The use authorized under the permit is creating a threat to the health or safety of the community.
(c) The Director shall provide written notice of the proceeding to revoke a use permit to the property owner and to the person who has been issued the permit prior to the Commission
taking action to revoke the permit.
(d) A property owner or other person affected by the proposed revocation of a use permit ordered by the commission, may, within thirty days after the mailing of the commission’s order,
appeal the commission’s action to the third circuit court pursuant to chapter 91, Hawai‘i Revised Statutes.”
SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring
need not be included.
SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: