HomeMy WebLinkAboutORD 1989-156 1988-1992COUNTY OF HAWAII _:;.STATE OF HAWAII
Bill No. 163
ORDINANCE NO. 89 156
AN ORDINANCE AMENDING SECTION 25 -95D (HALAULA- NIULII ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITIONS TO ORDINANCE
NO. 87 75, WHICH RECLASSIFIED CERTAIN LANDS FROM SINGLE - FAMILY
RESIDENTIAL (RS -15) TO VILLAGE COMMERCIAL (CV -10) AT MAKAPALA,
NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5 -2- 09:30.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 87 75 is amended as follows:
"SECTION 2. This change in district classification is
conditioned upon the following: (A) The applicants, successors
or assigns shall be responsible for complying with all stated
conditions of approval; (B) Plans for the establishment of the
commercial development, including landscaping and parking shall
be submitted to the Planning Department for Plan Approval
review within one year from the effective date of [,:he change
of zone] this amendment;" (C) Construction shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within two years thereafter; (D) Only one
access to the property from the Government Main Road shall be
allowed meeting with the approval of the Department of
Transportation, Highways Division; (E) A drainage system shall
be installed in accordance with the requirements of the
Department of Public Works; and (F) All other applicable rules,
regulations, and requirements shall be complied with.
An initial extension of time for the performance of
conditions within the ordinance may be granted by the Planning
Director upon the following circumstances: a) the
non - performance is the result of conditions that could not have
been foreseen or are beyond the control of the [owners]
a2plicants, successors or assigns, and that are not the result
of their fault or negligence; b) granting of the time extension
would not be contrary to the general plan or zoning code;
c) granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone; [and]
d) the time extension granted shall be for a period not to
exceed the period originally granted for performance (i.e., a
condition to be performed [with in] within one year may be
extended for up to one additional year) [.]; and e) if the
applicant should require an additional extension of time the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied [within]
with in a timely fashion, the Director [may] shall initiate
rezoning of the area to its original or more appropriate
designation."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
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SECTION 4.
approval.
Hilo, Hawaii
This ordinance shall take effect upon its
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
TNC"CILPMEMBE , OUNTY OF AWAII
November 15, 1989
November 15, 1989
December 5, 1989
December 11, 1989
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