HomeMy WebLinkAboutBIL 134 Draft 01 2022-2024 COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 134
ORDINANCE NO.
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 HAWAII:
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.
c4) 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:
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COUNCIL MEMBER, COUNTY OF HAWAI`I
Nco'
COUNC F WAI`I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
741
REFERENCE Comm.
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