HomeMy WebLinkAboutORD 2007-028 2006-2008 M~v os y~~
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 29
ORDINANCE NO. 07 28
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAWAII
COUNTY CODE 1983 (2005 EDITION, A5 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 area.
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 are
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 areas 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 parking azeas will not create potential accident hazazds;
(7) Within reasonable limits, any natural and man-made features of
community value are preserved; and
(8) Dust, noise, and odor impacts are jlcept-ta-a-~ninimt~rt miti ated.
(b) The director shall require any conditions or changes in the proposal which,
in the director's opinion, are necessary to carry out the purposes of this
chapter and the considerations contained in subsection (a) above."
W.
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 aze declared to
be severable.
SECTION 4. Material to be repealed is bracketed. New material is underscored.
Tn 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 WAII
Hilo ,Hawaii
Date of Introduction: February 22, 2007
Date of 151 Reading: February 22, 2007
Date of 2"a Reading: March 9 , 200 7
Effective Date: March 20, 2007
~C.~~RENCE: Comm: 90 _
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: K. Angel Pilago ROLL CALLVQTE
Datelntroduced: February 22, 2007 ~l'~ YE -NOES ABS EX
First Reading: February 22, 2007 Ford X
Published: N/A Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
5 0 4 0
Second Reading: March 9, 2007
To Mayor: March 14, 2007
ROLL CALL VOTE
Returned: March 21, 2007 AYES NOES ABS EX
Effective: March 20, 2007
Ford X
Published: March 29, 2007
Higa X
Hoffiann X
REMARKS. Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
7 0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
dndicated above.
APPROVED AS TO
FOR ND LEGALITY:
COUNCIL H I N
DEPU CORPORATION C NSEL '
COUN OF HAWAII ~
MAR 1 5 ?001 CouN7tx~ ERK
Date
29
Bill No.:
C-90/PC-11
pprov d/ isapprovedthis ~0~ day Reference: p.
aNGin , 20~ Ord No.: 0"~ ~8'
acTiw~ YOR, COUNTY OF HAWAI `I