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Home My WebLink AboutORD 1974-031BILL N0. 3$ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO.~L 7.02, 7.03, 7.04 and 7'pTHE p,N pgDINANCE AMENDING SUBSECTIONS 7'OF,CHAPTER 8 (ZONING CODE). OF ARTICLE I RELATINGASTO~NDED.CES, HAWAII COUNTY CODE, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Subsection A of Section 7.01 is hereby amended "or" between 'property' and 'building' and by inserting the word , deleting the words "or use" following the word 'building. SECTION 2. Subsection A of Section 7.02 is hereby amended to read as follows: 100.00)." ~A, A filing fee of one hundred dollars ($ SECTION 3. Subsection C of Section 7.02 is hereby amended by deleting the words "to a proper determination" following the word 'necessary.' SECTION 4. Subsection D of Section 7.02 is herebh CeaYeed. SECTION 5. Section 7.03 and Subsections A throug hereby amended to read as follows: "Section 7.03• Procedure fO60)adayscafterTthePfilingg Commission shall, within sixty ( er eriod as of a proper application or within sconsider the application may be agreed to by the applicant, at said at a preliminary hearing. If the Commission, hearing, determines that the application does not meet the requirements for the granting of a variance as set forth in Charter Section 5-4.3(g), the Commission shall issue an order denying the application and shall refund the filing fee. If, however, there is probable cause tothe believe that said requirements may possibly be met, lication for a public licant and all other interested Commission shall schedule the aPP to be heard. hearing at which time the aPP ortunity persons shall be afforded the oPP within thirty (30) ~~A. The Planning Commission shall, or within days after said preliminary hearing such longer period as may bans°. der thebapplica- the best pub he interest, tion at a public hearing. ~~g. Notice of the public hearing and its purposes shall be published at least twice in aoncesatper of general circaaasiorior toetheudate of said least ten (10) Y P public hearing and the second at least two (2 days prior to said hearing. "C. In lieu of a published notice in a newspaper, the Planning Commission may, by policy, require that every recorded property owner, or leaseholder, of property within three hundred (300) feet of the subject parcel be notified of said public hearing and its pur- pose by mail which shall be postmarked at least ten (10) days prior to the date of said hearing. "D. Under the latter procedure, the proceedings and action shall not be nullified if some owners or leaseholders fail to receive such notice." SECTION 6. Section 7.04 is hereby amended to read as follows: "Section 7.04. Actions on Variances. The Planning Commission shall, within a reasonable time after a duly held public hearing or hearings, deny, approve, or defer the application subject to conditions." SECTION 7. Subsection B of Section 7.04 is hereby amended to read as follows: "B. In the event the Planning Commission fails to act, without just cause, within a reasonable time, the Director shall certify such application as approved and shall so notify the applicant." SECTION 8. Section 7.05 is hereby amended by substituting the word and numbers "thirty (30)" for "fifteen (15)" and sub- stituting the word "Appeals" for the word "Council." SECTION 9. Subsection A of Section 7.05 is hereby amended by inserting the word "nonrefundable" before the word 'filing.' SECTION 10. Subsection C of Section 7.05 is hereby amended to read as follows: "C. The Board of Appeals shall, within sixty (60) days after the filing of a proper appeal or within such longer period as may be agreed to by the appellant, consider said appeal." SECTION 11. Subsection D of Section 7.05 is hereby amended to read as follows: "D. Within a reasonable time after considering the appeal, the Board of Appeals shall affirm, modify or reverse the action from which the appeal was taken." -2- SECTION 12. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: April 3, 1974 Date of Adoption: April 17, 1974 Date Effective: April 29, 1974 -3- INTRODUCED BY: i~ilo, Hawaii Date: rlpri.l 3, 1974 FIRST READING AYES NOES A/E Car enter }~ De Luz Ferias Fujii x Hisaoka x Kawahara x Matayoshi x Yadao x Chr. Yamada !3 Publication Dare: Aprll. 7, 1974 Hilo, Hawaii Date: April 7 7 7 97a SECOND & FINAL READING AYES NOES A/E Carpenter x De Luz x Ferias x Fujii x Hisaoka x Kawahara x Matayoshi x Yadao x Chr. Yamada x 9 Publicarion Dpre: MAY 1974 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. w N Council Chairman County Clerk ~s .......r-~-r...~r. Bill No. 3f3 Reference: C-757/PRDC-7.7 M.B. No. '-.~:,q,..~. Ord. No. _ Approved/I4isaa~ed this ~~l ~ day of dr"5- N • _ ~: Tadashi Suzuki ~ COUNTY CLERK of ^FFICE OF THE COUNTY CLERK CCUNTV CF HAWAII HILC, HAWAII 96720 Mayor Shunichi Kimura County of Hawaii Hilo Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 38 passed by the County Council on serond and final reading. COUNTY CLERK Encl. Dated: AAril 1X 1974 Bill No. 38 - 1974 AN ORDINANCE AMENDING SUBSECTIONS 7,01, 7,02, 7.03, 7.04 and 7,05 OF ARTICLE I RELATING TO VAF.IANCES, OF CHAPTER 8 (2.ONING CODE), THE HA'~JAII COUNTY CODE, AS AMENDED. This Bill amends Subsections 7,01, 7.02, 7.03, 7.04 and 7,05 of Article I relating to Variances, of Chapter 8 (Zoning Code), Hawaii County Code, as amended. Date Introduced: April 3, 1974 Copies of the foregoing Bill, in full, are on file in tha Office of the County Clerk for lase and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on April 3, 1974, by the i'ollowinq aye and no vote: ;1YE5: Councilmen De Luz, Farias, Fujii, Hi.saoka, Kawahara, tdatayoshi, Yadao and Chairman Yamada - 8. NOES: None. ABSENT AND EXCUSED: Counr_ilman Carpenter - 1. ~/~% COUNTY CLERK COUNTY OF HAi4AII ORDINANCE NO. 31 (Bill No. 38-1974) AN ORDINANCE AMENDING SUBSECTIONS 7.01, 7.02, 7.03, 7.04 and 7.05 OR ARTICLE I RELATING TO VARIANCES, OF CHAPTER 8 (ZONING CODE), THE HAWAII COUNTY CODE, AS AMENDED. Date Approved: April 17, 1974 Date Effective: April 29, 1974 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on April 17, 1974, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara, Matayoshi, Yadao and Chairman Yamada - 9. NOES: None. ~~~~ `~. COUNTY CLERK COUNTY OF HAWAII "C. In lieu of a published notice in a newspaper, the Planning Ccn¢^,ission may, by policy, require that every recorded pro~~erty corner, or leaseholder, of property within three hundred (300) feet of the subject parcel be notified of said public hearing ar.d its pur- pose by mail which shall be postmarked at least ten (10) days prior to the date of said hearing. "D. Under the latter procedure, the proceedings and action shall not be nullified if some owners or leaseholders fail to receive such notice." SECTIO*7 6. Section 7.04 is hereby amended to read as follows: "Section 7.04. Actions on Variances. The Planning Commission shall, within a reasonable time after a duly held public hearing or hearings, deny, approve, or defer • the application subject to conditions." SECTIO:] 7_ Subsection B of Section 7.04 is hereby amended to read as follows: "B. In the event the Planning Cor..:nission fails to act, without just cause, within a reasonable time, the Director shall certify such application as approved and shall so notify the applicant." SECTiO:1 8. Section 7.05 is hereby amended by substituting the. word and numbers "thirty (30)" for "fifteen (15)" and sub- stituting the word "Appeals" for the word "Supervisors." SECTIO.: 9. Subsection A of Section 7.05 is hereby amended by inserting the word "nonrefundable" before the word 'filing.' SECTZOV 10. Subsection C of Section 7.05 is hereby amended to read as follows: "C. The Board of Appeals shall, o.•ithin sixty (G O) days after the fili.r.g of a proper appeal or within such longer period as may be agreed to by the appellant, consider said appeal." SECTIOC7 11. Subsection D of Section 7.05 is hereby amended to read as follows: "D. Within a reasonable tine after considering the appeal, the Board of Appeals shall affirm, modify or reverse the action frori which the appeal was taken." -2- OFFICE OF THE COUNTY CLERK I do hereby certify that the tabulation of votes cast at the General Election held on Tuesday, November 5, 1974, in the County of Hawaii as taken from the Official Returns of the Results of Votes Cast at said election now on file in this office on the referendum on Ordinance No. 32, and the Amendments to the Charter of the County of Hawaii as proposed by the County Council are as follows: FOR AGAINST Referend um on Ordinance No. 32 5,401 21,727 Fluoridation of Water Supply . Amendmen ts to the Charter 1. Ordinance No. 56 13,004 10,139 (Establishing Councilmen's salary by Mayor's Commission) 2. Ordinance No. 57 16,171 6,283 (Change date of budget submission) 3. Ordinance No. 58 12,886 9,655 (Confidentiality of News Sources) 4. Ordinance No. 59 13,404 9,606 (Deletes need for Special Election) 0\ November 26. 19)4 ~ r... . ._ Ted T. SuzuY' -- COUNTY CLERK OFFICH; IlAFOKMA"TIOI~ ONLY Meeting: April ll, 1974 Action: Approve and recommend adoption of Bill 12_, as amended, on second and final xeading. Re: Bi11 ].2 /J C:-1B