HomeMy WebLinkAboutBIL 134 Draft 03 2022-2024V OF if
COUNTY OF HAWAII
BILL NO. 134
(DRAFT 3)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 25-2-42 OF THE
HAWAIJ 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 HAWAVI:
SECTION 1. Chapter 25, article 2, section 25-2-42, of the Hawaii 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 on surrounding properties of which any
portion is within one thousand feet, in the case of a subject property in the
State land use agricultural district, or three hundred feet, in the case of a
subject property in either the State land use urban or rural districts, of the
perimeter boundary of the subject property, and further shall transmit the
report to the commission and the council prior to their respective
consideration of the change of zone sought by the gpplication. The report shall
include:
(A) All changes of zone, and amendments thereto, granted to surrounding
properties,
(B) A description of the status of each condition for any such change of zone
that is not yet completed and subject to a time limitation; and the
remaining time provided for the performance thereof; and
(C) The maximum number of lots into which each surrounding property may
be subdivided under its district classification."
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:
JEW
• .�:•
COUNCX,, M4MBER, COUNTY OF HAWAI`I
Hawai i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 741.10