HomeMy WebLinkAboutORD 2021-024 2020-2022O�tV OF of
COUNTY OF HAWAII _• STATE OF HAWAII
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BILL NO. 5
ORDINANCE NO. 21 24
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 6 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION; AS AMENDED), RELATING TO USE
PERMITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance 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 Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-64. Action on use permit.
(a) Within[ days [ 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 [, t�g�t ewith-an.7 ^ 't om}mpesc WV ].
(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 [wfitten objeeltionl contested case hearingpertaining to the use permit is
[re-eei ] 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 Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-67. Revocation of a use permit.
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(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
Comm
(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,
Hawaii 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.
Hilo , Hawai`i
Date of Introduction: February 17, 2021
Date of 1St Reading: February 17, 2021
Date of 2nd Reading: March 3, 2021
Effective Date: March 15, 2021
REFERENCE Comm. ____17_�------
INT UCED BY:
Y
COUNCIL MEMBER, COUNTY OF HAWAII
k
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Ashley L.
February
February
February
Kierkiewicz (B/R;
17, 2021
17, 2021
26, 2021
NOES
ABS
EX
Chung
X
David
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS.•
March 3,
March 11,
March 16,
March 15,
April 2,
2021
2021
2021
2021
2021
Inaba
X
Kaneali`i-Kleinfelder
X
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Inaba
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
Richards
X
Villegas
X
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Inaba
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
Richards
X
Villegas
X
8
1
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approve isapproved this day
of pen # u/- , 20 2 ( COUNTY ERK
MAYOR, COUNTY OF HAWA1 `I
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5
Reference: C-17/PC-8
Ord No.: 2