HomeMy WebLinkAboutORD 1991-121 1988-1992COUNTY OF HAWAh ,-,.$TATE OF HAWAII
BILL NO. 503
ORDINANCE NO. 91 121
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITION B AND I OF ORDINANCE
NO. 89-43, WHICH RECLASSIFIED 1.0 ACRE OF LAND FROM
AGRICULTURAL (A -la) TO SINGLE FAMILY RESIDENTIAL (RS -7.5) AT
PONAHAWAI, SOUTH HILO, HAWAII, TMK: 2-3-39:40.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 89-43 is amended as follows:
"SECTION 2. These changes in district classification
are conditioned upon the following: (A) The applicant,
successors or assigns shall be responsible for complying
with all of the stated conditions of approval;
(B) Subdivision plans shall be submitted for tentative
approval within one year from the effective date of the
change of zone. Final subdivision approval shall be
secured within [one year from the date of receipt of
tentative subdivision approval] six (6) months from the
effective date of this amendment; (C) A drainage system
shall be installed meeting with the requirements of the
Department of Public Works; (D) Wiliwili Street along the
frontage of the subject property shall be improved with
curbs, gutters and sidewalk meeting with the approval of
the Department of Public Works prior to final subdivision
approval; (E) In order to prevent the continuation of a
non -conforming use as a result of this change of zone
action, unless otherwise permitted under the requirements
of section 2�-120 of Chapter 25 (Zoning Code), Hawaii
County Code, as amended, the raising and keeping of fowls
on the property shall cease within thirty (30) days from
the effective date of the change of zone ordinance;
(F) All applicable County and State laws, rules,
regulations and requirements shall be complied with;
(G) Should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions
included herein may, at the developer's election, be
satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance; (H) An
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the effective
date of zone change. The report shall address the status
of the development and the compliance with the conditions
of approval. This condition shall remain in effect until
all of the conditions of approval have been complied with
and the Planning Director acknowledges that further
reports are not required; and, (I) An initial extension of
time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the
-2-
following circumstances: 1) the non-performance is the
result of conditions that could not have been foreseen or
are beyond the control of the applicants, successors or
assigns, and that are not the result of their fault or
negligence; 2) granting of the time extension would not be
contrary to the general plan or zoning code; 3) granting
of the time extension would not be contrary to the
original reasons for the granting of the change of zone;
4) the time extension granted shall be for a period not to
exceed the period originally granted for performance
(i.e., a condition to be performed within one year may be
extended for up to one additional year); and 5) if the
applicant should require an additional extension of time,
the Planning Director shall submit the applicant's request
to the County Council for appropriate action. Further,
should any of the conditions not be met or substantially
complied with in a timely fashion, the Director [may]
shall initiate rezoning of the area to its original or
more appropriate designation."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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.
-3-
SECTION 4
adoption.
Hilo, Hawaii
This ordinance shall take effect upon its
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
BY:
COUNCIL MEM ER, CO iTY OF HAWAII
November 6, 1991
November.6, 1991
Novmeber 20, 1991
December 2, 1991
APPROVED AS TO FORM AND LEGALITY:
rPUT'? CORP TION COUNSEL
DATE :�� /`I/
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION -a5-114 (C1T1' OP H1LC ZONC
MAI=) ARTICLE 3, CHANTER m5 (ZONING =mom)
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EXHIBIT 11
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION -a5-114 (C1T1' OP H1LC ZONC
MAI=) ARTICLE 3, CHANTER m5 (ZONING =mom)
OF THM HAWAII COUNTY COMM, aY =H^f-4C3ltVG
THE D15TRiCT CLA551F1CAT10N F=mcm AGFtI —
CtJt...TUIQAL. SINGLE FA1�1i1_Y RC—S1—
17ENTIAL (m¢ —75) AT PONAHAWAI, SOUTH Hl!_O,
HAWAII. '
I�Mt=PARED 19Y = pt-^t-4"rNG =EI=ARTMCNT
COUNTY OtQ "^Vq^lt
I TIvIK '.'a -3-H9 - 40
EXHIBIT 11
A 11
JAN. 4, 1m9m