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HomeMy WebLinkAboutORD 1984-082 1984-1988BILL NO. 1145 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO.B ~ B2 AN ORDINANCE AMENDING SECTION 25-20, DIVISION 3, ARTICLE 1, CHAPTER 25 (ZONING CODE), OF THE HAWAII COUNTY CODE 1983, AS AMENDED, RELATING TO AMENDMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-20, Division 3, Article 1, Chapter 25, of the Hawaii County Code 1983, is amended to read as follows: "Section 25-20. Amenaments initiated by property owners. (a) In considering an amendment initiated by a property owner which proposes to change the district classification of any property, the director shall consider the purposes of the existing and proposed district and the purposes of this chapter and shall recommend a change in a district boundary only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. (1) The director [may deny; shall recommend either the approval or denial of the proposed amendment [or recommend its approval to the council with the approval of the mayor through] to the planning commission subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. (2) The director shall make the recommendation [W]within two hundred forty days after the filing of a properly completed application or such longer period as may be agreed to by the applicant[, the director shall act upon the application to deny it or recommend its approval to the council]. (3) [In the event the director recommends approval of the application,] Upon the director's recommendation, the application shall be forwarded to the planning commission for its review, report, and recormendation which shall be forwarded to the council through the mayor. 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 council. [(4) In the event the director denies the application, the applicant, within thirty days after receipt of notice of denial, may 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, shall be forwarded to the council through the mayor. If the planning commission affirms the director's decision, the applicant may appeal the decision within thirty days to the board of appeals in accordance with the rules of that body.] (b) Upon receipt of [a change of zone application on] an appeal from the actions of the director relating to an amendment initiated by a property owner, the planning commission shall hold at least one public hearing. (1) At least ten 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 the property involved. (2) The planning commission shall also give additional notice by mailing, at least ten 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 feet of the affected property as well as to owners of all property described in the application; provided, however, that any failure to mail or to receive written notices as aforesaid, shall not invalidate any proceeding for amendment of this chapter. (3) Within a reasonable time after the conclusion of the public hearing, the planning commission shall [either affirm or reverse the decision of the director] determine whether the actions appealed from were proper. 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 council] determines that the actions of the director were improper, it shall so advise the director. If the planning commission [affirms the director's decision] determines that the actions of the director were proper, the applicant may appeal the decision to the board of appeals. (c) Application for a change of zoning district shall be on a form prescribed by the director and shall be accompanied by: (1) A filing and processing fee of $100. (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 director or planning commission; provided that all proposed amendments involving the construction of hotel or condominium developments, shall require the submission of an environmental impact statement." SECTION 2. Naterial to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 3. In the event that any portion of the 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. INTRODUCEL BY: MEMBER,' COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: November 7, 1984 Date of 1st Reading: November 7, 1984 Date of 2nd treading: November 21, 1984 Effective Date: November 21, 1984