HomeMy WebLinkAboutBIL 153 Draft 01 2008-2010
COUNTY OF HAWAI'I
STATE OF HAWAI'I
BILL NO. 153
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAW AI'I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
AGRICUL TURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I:
SECTION I. Purpose. Ordinance No. 08-155 amended chapter 25 of the Hawai'i County
Code to include provisions for agricultural tourism. The purpose of this ordinance is to extend
the amnesty period for unpermitted agricultural tourism operations, as included in Ordinance No.
08-155. This ordinance extends the twelve-month amnesty period to eighteen months after the
effective date of Ordinance No. 08-155, which would be May 20,2010.
SECTION 2. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai'i County
Code 1983 (2005 Edition, as amended), is amended by amending subsections (f) and (g) to read
as follows:
"(f) Any agricultural tourism activity in the A, lA, FA, RA, or APD districts,
existing prior to the effective date of this section and conforming to the
standards contained in section 25-4-15( d) and that has not received plan
approval, may continue such use [for twelve months following the
effective date of this ordinance] until May 20,2010. After this date,
continued use without having received plan approval shall be considered
illegal under this chapter.
(g) Any agricultural tourism activity in the A, lA, FA, RA, or APD districts,
that does not conform to the standards in section 25-4-15( d), and which
has not previously received a special permit or use permit for such
activity, may continue such use [for t',velvc months following the effective
date of this ordinance] until May 20, 2010, and, if an application for a
special permit or a use permit has been received and accepted [\vithin the
t',velvemonth period] by May 20,2010, may continue such use until final
action has been taken on the application. After [t',','elve months from
appro'lal of this ordinance] May 20, 2010, or denial of the application,
whichever occurs later, continued use shall be considered illegal under this
chapter. "
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall 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 declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
Introduced by:
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COUNCIL MEMBER, COUNTY OF HAW AI'I
Hi10, Hawai'i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCf.a ~.... ~ ~ _
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