HomeMy WebLinkAboutORD 2010-117 2008-2010 h ,
COUNTY OF HAWAII " `�'�•' • " STATE OF HAWAII
,tE Oc•MC'i
BILL NO. 307
ORDINANCE NO. 10 ii7
AN ORDINANCE AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO PROCESSING TIME FOR A USE PERMIT
APPLICATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The current language of the code states that the Planning
Commission shall conduct a public hearing on a use permit application no later than sixty days
after the acceptance of a use permit application by the Planning Director. The processing time is
proposed to be increased to ninety days in order to be consistent with the minimum processing
time for other permit applications. This proposal to extend the processing time by one month
will allow the cooperating governmental agencies and affected community organizations
additional time to review and provide comments on an application.
SECTION 2. Chapter 25, article 2, division 6, section 25 -2 -63 is amended to read as
follows:
"Section 25 -2 -63. Procedure for use permit.
(a) Upon acceptance of a use permit application, the commission shall fix a date for a
public hearing. The public hearing shall be commenced no later than [sib] ninety
days after the acceptance of a use permit application by the director.
(b) The applicant shall serve notice of the use permit application on surrounding owners
and lessees of record as provided by section 25 -2 -4. The applicant shall also serve
notice on owners and lessees of record interests in other properties which the
commission may find to be directly affected by the use permit sought. The applicant
shall also post a sign for public notification on the property as provided by section 25-
2-12.
(c) Prior to the public hearing, the commission shall publish notice of the public hearing
in accordance with the requirements of this chapter."
SECTION 3. Severability. 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
application 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 4. Material to be repealed is bracketed and stricken.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 5. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona,Hawai`i
Date of Introduction: November 4, 2010
Date of 1 Reading: November 4, 2010
Date of 2° Reading; November 17, 2010
Effective Date: December 13, 2010
REFERENCE Comm, 965
-2-
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i '
3 ' I-4-4:m r1 r -,
Introduced By: Donald Ikeda ROLL CALL VOTE 3
Date Introduced: November 4 , 2010 AYES ; , - NOES ABS EX
First Reading: November 4 , 2010 Enriques X
Published: N/A Ford X
Greenwell X
REMARKS. Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
Second Reading: November 17 , 2010 8 0 1 0
To Mayor: November 29 , 2010
Returned: December 13, 2010
D ecember 13, 2010 ROLL CALL VOTE
Effective: AYES NOES ABS EX
Published: December 22, 2010 Enriques X
Ford X
REMARKS: Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO: AND LEGALIT :
Z - Ar COUNCIL �
i UT CORPORATION COU L
COUNTY OF HAWAII
Date DEC - 8 2 010 V CO NTY CLERK
307
Bill No.:
Approved/D approved this day
Reference: C- 965/PC -101
of _ ay.- 3-e , 20 i V Ord No.: 10 117
MAYOR, COUNTY OF HAWAII