HomeMy WebLinkAboutORD 1994-014 1992-1994COUNTY OF HAW
ATE OF HAWAII
BILL NO. i bs
(Draft 3)
ORDINANCE NO.
94 14
AN ORDINANCE TO AMEND SECTION 2-34 OF THE HAWAII COUNTY CODE 1983,
RELATING TO CHANGE OF ZONE
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The Council finds that the eaistinq requirement
that neighboring landowners join in any change of zoning is
contradictory to the requirement that all zoning be consistent
with a comprehensive general plan. Accordingly, this requirement
is void, and is being replaced with a requirement that such
landowners receive actual notice of any proposed changes.
SECTION 2. Section 2-34 of the Hawaii County Code shall be
amended to read as follows:
"Section 2-34. Application for changes or new provisions.
(a) Any application for a change, amendment or other
modification or addition to any zoning ordinance may be filed with
the director by the owner or lessee holding under a recorded lease
of any real estate affected by any such ordinance or to be
affected by the proposed changes, upon depositing with the
director the sum of $100 to cover all necessary costs.
[(b) No application for any change or addition shall be
considered by the director unless seventy-five percent of the
persons, being owners or lessees (the unexpired term of which is
more than five years from the date of filing such application)
of real estate situated within a distance of seven hundred fifty
feet from the nearest point of the real estate owned or held by
the applicant, shall join in such application. Where the
director initiates proposed changes or amendments, all owners
and lessees within the area as specified above shall be notified
by the director of the proposed changes by certified mail at
least ten days prior to a public hearing scheduled thereon.]
[(c)]~_ When all the preliminary procedures have been
complied with, the director shall refer the application to the
commission. The commission shall consider and act upon the
application by holding a public hearing, published notice of
which shall be given in the manner provided [in section 2-30] ~Y
.~
SECTION 3. Material to be deleted is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed materials, 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.
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SECTION 5. This Ordinance shall take effect upon approval.
INTRODUCED BY:
V ,
COUNCIL MED'lHER, COUN i OF HAWAII
Hilo, Hawaii '
Date of Introduction: January 12, 1994
Date of 1st Reading: January 12, 1994
Date of 2nd Reading: January 26, 1994
Effective Date: February 11, 1994
~I~r ~ti~~l~ aS t0
FO~Ai, and LEGALITY
' CORPCRATICN COUNSEL
COUNTY GF HAWAII
~E8 41994
Date .,
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