HomeMy WebLinkAboutBIL 135 Draft 03 2004-2006 iV a~ y
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COUNTY OF HAWAII 1H4,'• STATE OF HAWAII
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BILL NO. 135
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 1, HAWAFI
COUNTY CODE 1983 (2005 EDITION), TO PROVIDE ENHANCED PUBLIC NOTICE OF
PROPOSED DEVELOPMF,NT.
BE [T ORDAINED BY'fHE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The County Council finds that jurisdictions across the country and state
keep citizens informed about proposed development projects in their neighborhoods by requiring
developers to post signs. Such signage provides additional notice to members of the public who
may miss a legal notice in the newspaper on a given day.
SECTION 2. Chapter 25, article 2, division 1, Hawaii County Code 1983 (2005 edition),
relating to general administration, is amended by adding a new section to be numbered 25-2-12,
and to read as follows:
"Section 25-2-12. Postin¢ of SiHns for Public Notification.
(a) Within ten days of being notified of the acceptance of any application for a zoning
amendment, proiect district, agricultural project district, variance except setback
variance, use permit, planned unit development permit, or cluster plan
development, the applicant shall post a sign on the subject property notifying the
public of the following:
(1) The nature of the application;
(2) The proposed use of the property
(3) The size of the properiy;
(4) The tax map key or keys of the propertx;
(5) That they may contact the planning department for additional information; and
(6) The address and telephone number of the planning department.
(b) The sign shall remain posted until the application has been granted, denied, or
withdrawn. The applicant shall remove the sign promptly after such action.
(c) Notwithstanding any other provisions of law, the sign shall be not less than nine
square feet and not more than twelve square feet in area, with letters not less than
one inch high. No pictures, drawings, or promotional materials shall be permitted
on the sign. The sign shall be posted at or near the property boundar +Ladjacent to
a public road bordering the propeRV and shall be readable from said public road.
If more than one public road borders the property the applicant shall post the sign
to be visible from the more heavily traveled public road. The sign shall, in all
other respects, be in compliance with chapter 3, Hawaii County Code 1983 (2005
edition .
(d) The applicant shall file an affidavit with the planning department not more than
five days after postin tg he si ng stating that a sign has been posted in compliance
with this section, and that the applicant and its agents will not remove the sign
until the application has been granted, denied, or withdrawn. A photograph of the
sign in place shall accompany the affidavit."
SECTION 3. Chapter 25, article 2, division 4, subsection 25-2-42(b), Hawai' i County
Code 1983 (2005 edition), relating to amendments initiated by property owners and other
persons, is amended to read as follows:
"(b) Within ten days after filing an application for a change of zone, the applicant shall
serve notice of the application on surrounding owners and lessees of record, as
provided by section 25-2-4. The applicant shall also post a sign for public
notification on the property as~rovided by section 25-2-12."
SECTION 4. Chapter 25, article 2, division 5, subsection 25-2-53(a), Hawaii County
Code 1983 (2005 edition), relating to notice of action on variance application, is amended to read
as follows:
"(a) Upon acceptance of a variance application, the director shall fix a date for the
director's action on the application. Within ten days after receiving notice of such
date, the applicant shall serve notice of the application on surrounding owners and
lessees of record, as provided by section 25-2-4. The applicant shall also serve
notice on owners and lessees of record of interests in other properties which the
director may find to be directly affected by the variance sought. Except for
setback variances the a licant shall also ost a si n for ublic notification on the
property as provided by section 25-2-12."
SECTION 5. Chapter 25, article 2, division 6, subsection 25-2-63(b), Hawaii County
Code 1983 (2005 edition), relating to procedures for use permit, is amended to read as follows:
"(b) The applicant shall serve notice of the use permit application on surrounding
owners and lessees of record as provided by section 25-2-4. The applicant shall
also serve notice on owners and lessees of record interests in other properties
which the commission may find to be directly affected by the use permit sought.
The applicant shall also post a sign for public notification on the property as
,provided by section 25-2-12."
SECTION 6. Chapter 25, article 6, division 1, section 25-6-4(a), Hawai'i County Code
1983 (2005 edition), relating to notice of action on P.U.D. application, is amended to read as
follows:
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"(a) Upon acceptance of a P.U.D. application, the director shall fix a date for the
director's action on the application. Within ten days after receiving notice of such
date, the applicant shall serve notice of the application on surrounding owners and
lessees of record, as provided by section 25-2-4. The applicant shall also serve
notice on owners and lessees of record of interests in other properties which the
director may find to be directly affected by the P.U.D. permit sought. The
applicant shall also post a sign for public notification on the property as provided
by section 25-2-12."
SECTION 7. Chapter 25, article 6, division 2, section 25-6-22, Hawai' i County Code
1983 (2005 edition), relating to application for C.P.D., is amended by adding a new subsection
25-6-22(c) to read as follows:
"Section 25-6-22. Application for C.P.D.
(a) An application for a C.P.D. permit shall be on a form prescribed by the director
and shall be accompanied by a filing and processing fee as set forth under chapter
23, the [ ]subdivision control code.
(b) The procedure for processing an application for a C.P.D. permit shall be the same
as that prescribed for a subdivision application under chapter 23, the [$ahd+v{siet3
subdivision control code.
(c) The applicant shall post a sign for public notification on the property as provided
by section 25-2-12."
SECTION 8. Chapter 25, article 6, division 4, subsection 25-6-44(b), Hawai' i County
Code 1983 (2005 edition), relating to application for project district; requirements, is amended to
read as follows:
"(b) Within ten days after filing an application for a project district, the applicant shall
serve notice of the application on surrounding owners and lessees of record as
provided by section 25-2-4. The applicant shall also post a sign for public
notification on the property as provided by section 25-2-12."
SECTION 9. Chapter 25, article 6, division 5, subsection 25-6-54(b), Hawai i County
Code 1983 (2005 edition), relating to application for agricultural project district; requirements, is
amended to read as follows:
"(b) Within ten days after filing an application for an agricultural project district, the
applicant shall serve notice of the application on surrounding owners and lessees
of record as provided by section 25-2-4. The applicant shall also post a sign for
public notification on the property as provided by section 25-2-12."
SECTION 10. 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.
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SECTION 11. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 12. This ordinance shall take effect on its approval.
INTRODUCED BY:
COiJNCI EMBER, COUNTY OF HAWAII
Hawai i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
mar,;:.._._._390.2
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