HomeMy WebLinkAboutBIL 120 Draft 01 2000-2002 COUNTY O~ I--iA~I`I STA.T'~ OF I~A~AI`I
BILL NO. 12 0
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (1995 EDITION), RELATING TO PLAN APPROVAL OF BED AND
BREAKFAST ESTABLISHMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Ordinance No. 00-152, which amended the section on Bed and
Breakfast establishments, did not amend Sections 25-2-71(c) and 25-2-75. This bill amends the
subject sections to conform with the amended language of Ordinance No. 00-152.
SECTION 2. Chapter 25 (Zoning Code), Article 2, Division 7, Section 25-2-71(c)
(Applicability: plan approval required) of the Hawaii County Code, is amended to read as
follows:
"(c) Plan approval shall be required in all applicable districts prior to the construction
or establishment of the following improvements and uses:
[(1) Bed and breakfast establishments as permitted under section 25-4-7.]
[(2)] Public uses, structures and buildings and community buildings, as
permitted under section 25-4-11.
[(3)] ~ Telecommunication antennas and towers, as permitted under section
25-4-12.
[(4)] ~ Temporary real estate offices and model homes, as permitted under
section 25-4-8.
[(5)]~ Utility substations, as authorized under section 25-4-11."
SECTION 3. Chapter 25 (Zoning Code), Article 2, Division 7, Section 25-2-75 of the
Hawaii County Code, is amended to read as follows:
"Section 25-2-75. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the
proposal which, in the director's opinion, are necessary to carry out and further the purposes of
this chapter and the considerations contained in section 25-2-76.
[(b) The director may only issue plan approval for a bed and breakfast establishment
if the proposed use meets all of the conditions contained in sections 25-2-76 and 25-4-7, and if
the operator of the bed and breakfast establishment provides all verification required under
section 25-2-73.]
[(c)] The director may only issue plan approval for a telecommunication antenna or
tower if the proposed use meets all of the conditions contained in sections 25-2-76 and 25-4-12,
and if the applicant provides all verification required under section 25-2-74.
[(d)] The director may only issue plan approval for a temporary model home or real
estate office if the proposed use meets all of the conditions in section 25-2-76 and 25-4-8.
[(e)] ~ The director shall render a decision to either approve or deny a plan approval
application within thirty days after acceptance of the application. If the director fails to render a
decision within the thirty-day period, the application shall be considered approved without further
certification by the director."
SECTION 4. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed 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 the 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 6. This ordinance shall take effect upon its approval.
[NTRODUCE BY:.,~~:;
1~` 1
CO CIL EMBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: