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HomeMy WebLinkAboutBIL 029 Draft 01 2006-2008 MTV or N COUNTY OF HAWAII STATE OF HAWAII BILL NO. 2s ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLAN APPROVAL BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to consider noise impacts in reviewing a plan approval application, and to assure mitigation measures for any noise impacts that the proposed structure, development or use may have on the surrounding community or azea. SECTION 2. Chapter 25, article 2, section 25-2-76, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-76. Review criteria and conditions of approval. (a) In reviewing a plan approval application, the director shall consider the proposed structure, development or use in relation to the surrounding property, improvements, streets, traffic, community characteristics, natural features, and may require conditions or changes to assure: (1) Adequate light and air, and proper siting and arrangements aze provided for all structures and improvements; (2) Existing and prospective traffic movements will not be hindered; (3) Proper landscaping is provided that is commensurate with the structure, development or use and its surroundings; (4) Unsightly azeas are properly screened or eliminated; (5) Adequate off-street pazking is provided to serve the structure, development or use, regardless of the otherwise minimum requirements of this chapter; (6) Access to the pazking azeas will not create potential accident hazards; (7) Within reasonable limits, any natural and man-made features of community value are preserved; and (8) Dust, noise, and odor impacts are jkept~e-~~ miti ated. (b) The director shall require any conditions or changes in the proposal which, in the director's opinion, aze necessary to carry out the purposes of this chapter and the considerations contained in subsection (a) above." SECTION 3. 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 without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. Material to be repealed is bracketed. New material is underscored. In re-printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED B . , COUNCIL MEM R, COUNTY OF AWAII Hawaii Date of Introduction: Date of 1S` Reading: Date of 2"a Reading: Effective Date: ~iFERENCEi Cantu: 40 2