HomeMy WebLinkAboutCOM 1041.001 2006-2008
QTY Ol /t
Phone: (808) 327-3642
K. ANGEL PILAGO Fax :(808)329-4786
Council Vice Chair Email: kapilago@co.hawaii.hi.us
Council Member, District 8
J
••hOiM'~
HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kadua-Kona, Hawai `i 96740
DATE: February 27, 2008 ` rV
r: f
00
TO: Pete Hoffmann, Chair
and Members of the Hawaii County Council
Co
FROM: K. Angel Pilago Q C.0
Council Member, District 8 I . -13
l
RE: Proposed Amendments to Bill 254 (Amend apter 25, Article 2, ivision 4,
Section 25-2-45, Relating to Nonsignificant Zoning Changes)
Attached for your consideration is a proposed draft of Bill 254, Draft 2.
Proposed amendments to Bill 254 are of a non-substantive nature and intended to remedy some
minor formatting errors within the bill.
The proposed amendments to Bill 254 are illustrated in Ramseyer format, and read as follows:
1. The prefatory language of SECTION 2 of Bill 254 is amended to read as follows:
"SECTION 2. [Section 25 2 n c l4awai r,.. nt y C ao ] Chanter 25, article 2, division 4,
section 25-2-45, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as
follows:"
2. The codified material proposed for amendment is amended by adding strikethrough to
the material to be deleted and spelling out "section" in subsection (b), and reads as
follows (Ramseyered against Bill 254, not the existing language of the County Code):
"Section 25-2-45. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change. A nonsignificant
zoning change must comply with the designations for the property set forth in the general plan
and any development plan adopted by ordinance, and not result in an increase or decrease in any
Comm. No. /V ill' l
Ref. To-PC,
Ref, Date FR 9 A 20A8
Hawai `i County Is An Equal Opportunity Provider And Employer
zoning designation affecting more than five percent of the area, or one acre, of any lot,
whichever is less.[ must either.
(1) -No! restilt in a net ifierease in the density allowed in the zening disiriet(s) eentaining the
a FI°etcsncoced afe ; or
di ]
(b) The applicant for a nonsignificant zoning change shall give notice to surrounding owners and
lessees of record, pursuant to [see.] section 25-2-4, and shall post a sign for public notification as
provided by section 25-2-12."
3. A clause observing the Ramseyer format and directing the Reviser of Ordinances is
added to the bill as SECTION 3, and reads as follows:
"SECTION 3. Material to be replaced is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included."
4. Subsequent SECTIONS of Bill 254 are renumbered to reflect the addition of the
Ramseyer format clause in item 3.
A draft bill of Bill 254, Draft 2 is attached with these amendments incorporated.
KAP/md
Att.
2
AN ORDINANCE AMENDING CHAP. 25, ARTICLE 2, DIVISION 4, SECTION 25-2-45 OF
THE HAWAII COUNTY CODE 1983 (2005 EDITION) WITH RESPECT TO
NON-SIGNIFICANT ZONING CHANGES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Zoning Code allows some zoning changes, called
"nonsignificant zoning changes", to be done administratively by the planning director, rather than
by action of the county council. The purpose of this ordinance is to clearly limit the scope of
such changes so that only small changes, not affecting more than five percent of any lot or one
acre, whichever is less, can be made without the county council enacting a rezoning ordinance.
SECTION 2. Chapter 25, article 2, division 4, section 25-2-45, Hawaii County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25-2-45. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change. A nonsignificant
zoning change must comply with the designations for the property set forth in the general plan
and any development plan adopted by ordinance, and not result in an increase or decrease in anv
zoning designation affecting more than five percent of the area, or one acre, of any lot,
whichever is less.[ Enu
(1) Net result in a net inerease in the density allowed in the isening distriet(s) een4aining the
affeeted afea of
(2) Be the lesser of a five pereent of: F deerease in the area of any zonin
distr]
(b) The applicant for a nonsignificant zoning change shall give notice to surrounding owners and
lessees of record, pursuant to section 25-2-4, and shall post a sign for public notification as
provided by section 25-2-12."
SECTION 3. Material to be replaced is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
-I-