The URL can be used to link to this page

Home My WebLink AboutORD 1982-758 1980-1984BILL NO. g07 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~~ AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO ZONING AMENDMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 6.02, Article 1, Chapter 8 of the Hawaii County Code is amended to read as follows: "Section 6.02 [PROCEDURE] AMENDMENTS INITIATED BY PROPERTY OWNERS A. In considering an amendment initiated bra property owner which proposes to change the district classification of any property, the [Planning] Director shall consider the purposes of the existing and proposed district and the purposes of this ordinance and shall recommend [no] a change in [any] a district boundary one where [which does not] it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. 1. The [Planning] Director may deny the proposed amendment[s] or recommend its approval to the County Council with the approval of the Mayor through the Planning Commission subject to conditions which would further the intent of this [ordinance] chapter and the General Plan and other related ordinances. 2. Within two hundred forty dais after the filing of a properly completed application or such longer period as mad be agreed to by the applicant, the Director shall act upon the application to deny it or recommend its~proval to the County Council. [2.]3. In the event the [Planning] Director recommends approval of the [proposal] application, the [proposal] implication shall be forwarded to the Planning Commission for its review and recommendation to the County Council. The applicant shall file a map and description by metes and bounds of the property as certified by a surveyor prior to the Planning Commission's filing of a report of their findings and action taken to the County Council. 4. In the event the Director denies the application, the applicant, within ten (10) days after receipt of notice of denial, mad appeal the Director's decision in writing to the Planning Commission. If the Planning Commission reverses the Director's decision, the application, together with the Planning Commission's recommendation, -2- shall be forwarded to the County Council through the Mayor. If the Planning Commission affirms the Director's decision, the applicant mad a~~eal the decision to the Board of Appeals in accordance with the rules of that body. B. Upon receipt of [the] a change of zone [request] a~lication [from the Planning Director,] on an appeal by a pr~erty owner, the Planning Commission shall hold at least one public hearing. 1. At least ten (10) days prior to the public hearing, the Planning Commission shall give notice thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and place of such hearing, its purpose and a description of [any] the property [which may be] involved. 2. The Planning Commission shall also give additional notice by mailing, at least ten (10) days prior to the scheduled date of such hearing, a written notice of the time, date and place of such hearing, its purpose and a description or sketch of the property involved to the owners of all property within three hundred (300) feet of the affected property as well as to owners of all property described in the [petition] application; provided, however, that any failure to mail or to -3- receive written notices as aforesaid, shall not invalidate any proceeding[s] for amendment[s] of this [ordinance] chapter. 3. Within a reasonable time after the conclusion of the public hearing, the Planning Commission shall [recommend the approval or disapproval of any proposed amendment and shall file a report of its findings and action taken with the County Council.] either affirm or reverse the decision of the Director. If the Planning Commission reverses the Director's decision, the Planning Commission shall forward the application together with a report of its findings to the County Council. If the Planning Commission affirms the Director's decision, the applicant may appeal the decision to the Board of Appeals. [C. In the event the Planning Director denies a proposed amendment, the decision is final except that the petitioners within fifteen (15) days after such action may in writing appeal such decision to the County Board of Appeals. The Rules and Regulations governing Administrative Procedure of the Board of Appeals shall be adhered to.J [D.]C. Application for a change of zoning district [and for any other provision of this ordinance] shall be on a form prescribed by -4- the Director and shall be accompanied by: 1. A filing and processing fee of one hundred dollars ($100.00). 2. A description of the property in sufficient detail to determine its precise location. 3. A plot plan of the property, drawn to scale with all proposed structures shown thereon, and any other information necessary to a proper determination relative to the specific request. 4. Any other plans or information requested by the [Planning] Director or Planning Commission; provided that all proposed amendments involving the construction of hotel and/or condominium developments, shall require the submission of an environmental impact statement." SECTION 2. Article 1, Chapter 8 of the Hawaii County Code is amended to add a new section to read as follows: "Section 6.03. AMENDMENTS INITIATED BY THE COUNTY COUNCIL AND THE PLANNING DIRECTOR. A And amendment initiated by the County Council or by the Director shall be prepared by the Director and reviewed by the Planning Commission. B The Director shall study the proposed amendment and shall submit a recommendation to the -5- Planning Commission for its review and recommendation to the County Council. 1. Upon receipt of a proposed amendment from the Director, the Planning Commission shall hold at least one public heari~n . 2. At least ten (10) dam ~rfor to the public hearing, the Planning Commission shall give notice thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and place of such hearing, its purpose and a description of any property which may be involved. Notice by mailing, as provided in Section 6.02-B-2, shall also be given. 3. Within a reasonable time after the conclusion of the public hearing, the Plannin Commission shall recommend the approval or disapproval of anX proposed amendment and shall file a report of its findings and action taken with the County Council." SECTION 3. Material to be repealed is bracketed. 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 the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -6- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: 9~ r COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: February 3, 1982 Date of Adoption: February 17, 1982 Effective Date: February 22, 1982 -7- Hilo, Hawaii Date: February 3, 1982 FIRST READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 8 0 1 Publication Date: Hilo, Hawaii Date: February 17, 1982 SECOND & FINAL READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fuj ii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: ~lAR ~~. We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. _____ , ~- ~ ~ ~, j i i 1 S ".. __, „ '--°---'-. °^'7p~ Date :; _, - °-~-=!'=:.,__..._.__..__._ -------------- Bill No. 807 Reference: PC~90 M.B. No. Ord. No. ` °~ ~' County Cler Approved/ this yY" ~ day of