HomeMy WebLinkAboutORD 1995-089 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 47
(Draft 2)
ORDINANCE NO. 95 89
AN ORDINANCE AMENDING CHAPTER 25 OF TIIE HAWAII COUNTY CODE , AS
AMENDED, RELATING TO ZONING AMENDMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The council finds that from time to time, council-initiated bills
proposing amendments to the zoning code have had unwarranted delays at both the planning
director level and at the planning commission level without any recommendation to the council.
The council also finds that the length of time for the council to receive recommendations for
such bills goes beyond a normal or acceptable time, and well beyond the scope of time intended
in Section 25-21 of the Hawaii County Code for the conduct of council's legislative affairs.
Therefore, the purpose of this ordinance is to establish a reasonable time frame for the review
process of council-initiated bill relating to the zoning code.
SECTION 2. Section 25-21 of the Hawaii County Code, as amended, is hereby
amended to read as follows:
"Section 25-21. Amendments initiated by the council and director.
(a) Director-initiated amendments. Any amendment initiated by the [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 planning commission for its review and recommendation to the council.]
(1) Upon receipt of a proposed amendment from the director, the planning
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commission shall hold at least one public hearing. Notice of such hearing shall be eiven as
required by state law.
[(2) 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 any property
which may be involved. Notice by mailing, as provided in section 25-20(b) shall also be given.]
[(3)jf~ 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 council.
(bl Council-initiated amendments Prior to the first reading of any proposed council
initiated amendment to the zoning code. the council shall refer the proposed amendment to the
director and the tannin commission with re nests for their res ective comments and
recommendations to be received b the council within a one hundred twen -da review eriod
from the date of the council's transmittal thereto
(11 The director shall submit its comments and any recommendations to both the
commission and the council within the prescribed review period
(21 The plannine commission shall hold at least one public hearine on the
proposed amendment and file a report of its findings to the council within the prescribed review
period. Notice of such hearine shall be eiven as required by state law
(3) After the one hundred twenty-day review period has expired the council
may proceed to act on such proposed amendment as it deems appropriate "
SECTION 3. New material is underscored. Material to be repealed is bracketed. In
-2-
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. Severability. If any portion of this ordinance, or application thereof to
any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CdUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
April 5, 1995
April 5, 1995
August 2, 1995
August 8, 1995
Aar~ti:'JL-D cs ?c
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`( CORFORATiON COUNSEL
COUNT~Y/ OF H.4WAll
Date ~/ / /`'~ ~
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JFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
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Introduced By: Keola Childs
Date Introduced: April 5, 1995
First Reading: April 5, 1995
Published: N/A
REMARKS:
Referred to Planning De artment
ROLL CALL VOTE
AYFS NOES ABS' EX
Arakaki X
Bonk-Abramson X
~~ X
De Lama X
Domin X
Osorio }(
Rath X
~ X
Smith 7{
9 0 0 0
(DRAF'T' J 1
Second Reading: August
To Mayor: Au 1
Returned: August 9. 1995
Effective: August 8, 1995
Published August 18, 1995
REMARKS:
I DO HEI
indicated
APPROVE?
F
of
C^v3PJ~:.+T10N COUNSEL
COUNTY O~F7/HAWAII ~
approved this ~ day
19 46
NLIY R, COUNTY dF~iAWA71
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De lima X
Domino 7{
Osorio }{
Rath X
Ray X
Smith X
8 0 1 0
was adopted by the County Council and published as
COIIN__C[L//CHAT N
\ ~I/~lliLlEi ~~
CDLINTY CLERK
BilfNo.: 47 (Draft 21
Referrnce: C- -
Ord No.: