HomeMy WebLinkAboutBIL 134 Draft 01 2022-2024
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 25-2-42 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AMENDMENTS INITIATED BY PROPERTY OWNERS AND OTHER
PERSONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 25, article 2, section 25-2-42, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by amending subsection (c) to read as follows:
“(c) In considering an amendment initiated by a property owner or other person which proposes to change the district classification of any property, the director shall consider the purposes
of the existing and proposed district and the purposes of this chapter and shall recommend a change in a district boundary only where it would result in a more appropriate land use
pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the general plan.
(1) The director shall recommend either the approval or denial of the proposed amendment to the commission subject to conditions which would further the intent of this chapter and the
general plan and other related ordinances.
(2) The director shall make the recommendation within one hundred twenty days after an application has been accepted by the director.
(3) If the director fails to make a recommendation on the proposed amendment within the one hundred twenty-day period, the application shall be forwarded to the commission without any
recommendation from the director, and the director’s failure to act shall be considered a favorable recommendation on the application.
(4) The director shall prepare a report identifying all buildings, excluding existing buildings, that are legally permitted to be constructed on surrounding properties of which any portion
is within one thousand three hundred and twenty feet of the perimeter boundary of the property affected by the application. The report shall describe the permit, approval, entitlement,
or other privilege under this chapter or State law providing for each such building. The director shall transmit the report to the commission and the council prior to their respective
consideration of the change of zone sought by the application.”
SECTION 2. New material is underscored. In printing this ordinance, the underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: