HomeMy WebLinkAboutORD 2009-143 2008-2010
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COUNTY OF HAWAII STATE OF HAWAII
of •N•~`
BILL NO. 153
ORDINANCE NO. 09 143
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
AGRICULTURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Ordinance No. 08-155 amended chapter 25 of the Hawaii 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 Hawaii 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, IA, 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 fellewing the
effeetive date of this ] 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, IA, 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- twelve months following the effective
date of this or-din an ] until Mqy 20, 2010, and, if an application for a
special permit or a use permit has been received and accepted [within
period] twelvementh by May 20, 2010, may continue such use until final
action has been taken on the application. After [twelve ment s f
appr-eval of this or-din nee] 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 Material to be repealed is bracketed and stricken.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:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 7, 2009
Date of 1st Reading: October 7, 2009
Date of 2nd Reading: October 21, 2009
Effective Date: November 4, 2009
REFERENC&
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Donald Ikeda ?finQ L C V T
Date Introduced. October 7, 2009 AYES NOES ABS EX
First Reading October 7, 2009 Enriques ;8 = •t X
Published- October 16, 2009 Ford w'
Greenwell X
REMARKS Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
Second Reading- October 21, 2009 7 0 2 0
To Mayor October 29, 2009
Returned. November 4, 2009 ROLL CALL VOTE
Effective- November 4, 2009 AYES NOES ABS EX
Published. November 12, 2009
Enriques X
Ford X
REMARKS. Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto x
8 0 1 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above
APPROVED AS TO
FORMGALIT
COUNCIL CHAIRMAN
D Y CORPORA050-N COUNSEL
COUNTY OF HAWAII
O CT 3 0 2009 COUNTY CLERK
Date
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Bill No : 3
C-551/Waived-PC
Reference:
Approved/Di Vdthis day Ord No.: 09 :143
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MAYOR, COUNTY OF HAWAI `I