HomeMy WebLinkAboutORD 1983-905 1980-1984
BILL N0. 941
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NOr - '~Q5
AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 8 (20NING CODE) OF THE
HAWAII COUNTY CODE, AS AMENDED, RELATING TO PROCEDURE FOR USE
PERMITS.
8E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 8.01, Article 1, Chapter 8 of the Hawaii
County Code is amended to read as follows:
"Sec. 8.01 PROCEDURE FOR USE PERMITS [Application for a "use
permit" and the procedural handling shall be precisely the same
as for an application for a "variance" as set forth in Sections
7.01 through 7.05, except as follows:]
(a) Application for a "use permit" shall be made to the
Planning Commission in accordance with its rules of
procedure and on a form prescribed by the commission.
The review of the application by the Planning
Commission shall be at a public hearing held for that
purpose and shall include the following:
[A.~ (b) The Planning Commission shall study the manner in
which nearby properties are used, the character of the
community and any other pertinent factors; shall
analyze the proposed use considering all its aspects
and its effect upon the community; and shall attach
such conditions to the permit as are deemed necessary
to assure the proper integration of said use and the
preservation of the purpose of the district and of
this Chapter.
[B.] (c) The Planning Commission shall specify the following
conditions pertaining thereto: location, amount and
;,
type of construction, type of use, its maintenance and
operation, type and amount of traffic, off-street
parking, condition and width of adjoining roads,
access, nuisance values, appearance of the building,
landscaping, yards, open areas and other similar
matters.
[C.] (d) If the Planning Commission determines that the use as
proposed or as conditioned is acceptable, but
additional information is needed about the physical
development, it may grant a conditional use permit
providing that no structure or improvement pertaining
to the use proposed shall be permitted unless or until
"plan approval" has been secured therefor.
(e) The application form. The form shall be accompanied
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(1) Filing fee of One Hundred Dollars.
(2) A description of the property in sufficient detail
to determine the precise location of the property
involved;
(3) A plot plan of the property, drawn to scale, with
all proposed structures shown thereon;
(4) A list of the names and addresses of all owners of
property interests in property located within
three hundred feet of the perimeter boundary of
the applicant's property. Upon receipt and
acceptance of a properly filed and completed
application, the Commission shall fix a date for
the public hearing. Within three working days
after receiving notice of such date, the applicant
shall serve notice of the application on owners of
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interests in properties within three hundred feet
of the perimeter boundary of the applicant's
property and to owners of interests in other
properties which the Commission may find to be
directly affected by the use permit sought. Such
notice shall state:
(A) The name of the applicant;
(B) The precise location of the property involved;
(C) The nature of the use sought and the proposed
accompanying structures, if any;
(D) The date on which the public hearing will be
held to consider the apolication.
Prior to the public hearing, the applicant shall
submit to the Commission proof of service or of
good faith efforts to serve notice of the
application of the designated property owners.
Such proof may consist of certified mail receipts,
affidavits, or the like.
(f) Notice by Publication.
At least ten calendar days prior to the date of the
public hearing, the Commission shall publish, in a
newspaper of general circulation, notice of the
hearing.
(~ Appeals from Actions on Use Permits
Action of the Commission shall be final but an
applicant may, within thirty days after receipt of the
Commission's decision, appeal said decision in writing
to the Board of Appeals pursuant to its rules."
SECTION 2. Material to be repealed is bracketed. New material
is underscored. In printing this ordinance, the brackets, bracketed
material and underscoring need not be included.
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SECTION 3. In the event that any portion of this ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNT OF HAWAII
Date of Introduction:
Date of Adoption:
Effective Date:
April 20, 1983
July 6, 1983
July 11, 1983
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Hilo, Hawaii
Date: April 20. 1983
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale
Kawahara X
~
,
X
Lai g
Schutte X
Ch r. Yamashiro X
6 0 3
Publication Date:
Hilo, Hawaii
Date: .z„t„ F 1983
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo g
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
9 0 0
Publication Date: JUL z I `Id~3
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
QPAs~'3"J~D as to
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.JUL 8 1983
Date ------ --------------- ................~ -.<
a.~Othis~ ay of
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C cil Chai n
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County Clerk
Bill No. 941
Reference: C-1143/PC-219
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/V/// M.B. No.
Ord. No.~. 9d