HomeMy WebLinkAboutBIL 125 Draft 02 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE O F HAWAI `I
BILL NO. 125
(Draft 2)
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 1,
SECTION 25-2-4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO NOTIFICATION OF SURROUNDING PROPERTY
OWNERS AND LESSEES OF RECORD FOR CHANGE OF ZONE APPLICATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Hawaii County Code requires notice to be served on
property owners and lessees of record whose lots are within five hundred feet of any point along
the perimeter boundary of a building site affected by any zone change application within the
state land use agricultural district, providing the surrounding lots are also in the state land use
agricultural district. One acre being the equivalent of 43,560 square feet, the size of lots in
agricultural districts may entail that very few surrounding property owners are so notified of
pending applications. This ordinance expands the perimeter boundary for notification of a
change of zoning district classification when the building site and surrounding properties are
located in the state land use agricultural district or the County zoned agricultural district.
SECTION 2. Chapter 25, article 2, division 1, section 25-2-4 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsections (a) and (b) to read
as follows:
"(a) Whenever any application under this chapter requires notice to owners and
lessees of record interests of the surrounding properties:
(1) Such notice shall be served to the owners and lessees of record of
all lots of which any portion is within three hundred feet of any
point along the perimeter boundary of the building site affected by
the application if the building site is located within the state land
use urban or rural district[~]i
(2) For applications other than those requesting a change of zoning
district classification, [] such notice shall be served on the
owners and lessees of record of all lots of which any portion is
within five hundred feet of any point along the perimeter boundary
of the building site affected by the application if the building site is
located within the state land use agricultural district, except that if
the surrounding lots are located within either the state land use
urban or rural district, notice shall be served on the owners and
lessees of record of all lots of which any portion is within three
hundred feet of the building site[.]; or
~3) For applications requesting a change of zoning district
classification, such notice shall be served on the owners and
lessees of record of all lots of which any portion is within one
thousand feet of any point along the perimeter boundary of the
building site affected b t~application if the building site is
located within the state land use agricultural district or the County
zoned agricultural district. For those adjoining_properties located
within either the state land use urban or rural district, notice shall
be served on the owners and lessees of record of all lots of which
an~portion is within three hundred feet of the building site.
(b) The applicant shall first serve notice of the filing of the application on the
surrounding owners and lessees within ten days after the [
~ ~`~ a '+~ +~ a:ro^+^r ~ ~,] director or commission has
officially acknowledged receipt of the application, and shall again serve
notice of the application and of any proposed action or public hearing on
the surrounding owners and lessees, within ten days after receiving notice
from the director or the commission of the date of the proposed action or
hearing. The second notice shall be served not less than ten days prior to
the date of the proposed action or hearing."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken 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
Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2°d Reading:
Effective Date:
REFERENGf~ Cam 475.3
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