HomeMy WebLinkAboutBIL 179 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Planning Committee - January 21, 2014
Action: Motion to refer to Planning Director and Windward and Leeward Planning
Commissions was defeated; Bill 179 it considered failed and will not move
forward to full Council.
Re: Bi11179; Comm. 595 (2012-2014 term)
III
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 179
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-
2-42 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO SITE VISITS FOR CHANGE OF ZONING DISTRICT
APPLICATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 2, division 4, section 25-2-42 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection(c) to read as
follows:
"(c) In considering an amendment initiated by a property owner or other person which proposes
to change the district classification of any property, the director shall consider the purposes
of the existing and proposed district and the purposes of this chapter and shall recommend a
change in a district boundary only where it would result in a more appropriate land use
pattern that will further the public necessity and convenience and the general welfare, and be
consistent with the goals, policies and standards of the general plan.
(1) The director shall recommend either the approval or denial of the proposed amendment
to the commission subject to conditions which would further the intent of this chapter
and the general plan and other related ordinances.
(2) The director shall make the recommendation within one hundred twenty days after an
application has been accepted by the director.
(3) Prior to making a recommendation, the director, or the director's authorized
representative shall conduct a site visit of the designated property to:
(A) Verify that the information within the application is accurate;
(B) Determine if there are any omissions with consideration for the application
requirements; and
(C) Find and record unusual circumstances that may warrant special consideration by
the commission and council.
The director shall affix a report providing the findings of the site visit as part of the
director's recommendation. Additionally, the director may utilize the findings of the site
visit to incorporate requirements within the conditions for a change of zoning district
application to mitigate any potentially deleterious effects of the proposed use.
[(3)]t4) If the director fails to make a recommendation on the proposed amendment within
the one -hundred -twenty -day period, the application shall be forwarded to the
commission without any recommendation from the director, and the director's failure
to act shall be considered a favorable recommendation on the application."
SECTION 2. 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 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
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 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL ME ER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 595