HomeMy WebLinkAboutBIL 038 Draft 01 1972-1976R
BILL NO. 38
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTIONS 7.01, 7.02, 7.03, 7.04 and 7.05
OF ARTICLE I RELATING TO VARIANCES, OF CHAPTER 8'(ZONING CODE), THE
HAWAII COUNTY CODE, AS AMENDED.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Subsection A of Section 7.01 is hereby amended
by inserting the word "or" between 'property' and 'building' and
deleting the words "or use" following the word 'building.'
SECTION 2. Subsection A of Section 7.02 is hereby amended
to read as follows:
"A. A filing fee of one hundred dollars ($100.00)."
SECTION 3. Subsection C of Section 7.02 is hereby amended
by deleting the words "to a proper determination" following the
word 'necessary.'
SECTION 4. Subsection D of Section 7.02 is hereby deleted.
SECTION 5. Section 7.03 and Subsections A through C are
hereby amended to read as follows:
"Section 7.03. Procedure for Variances. The Planning
Commission shall, within sixty (60) days after the filing
of a proper application or within such longer period as
may be agreed to by the applicant, consider the application
at a preliminary hearing. If the Commission, at said
hearing, determines that the application does not meet the
requirements for the granting of a variance as set forth
in Charter Section 5-4.3(g); the Commission shall .issue
an order denying the application and shall refund the
filing fce. If, however, there is probable cause to
believe that said requirements may possibly be met, the
Commission shall schedule the application for a public
hearing at which time the applicant and all other interested
persons shall be afforded the opportunity to be heard.
"A. The Planning Commission shall, within thirty (30)
days after said preliminary hearing or within
such longer period as may be found to be in
the best public interest, consider the applica-
tion at a public hearing.
"B. Notice of the public hearing and its purposes
shall be published at least twice in a newspaper
of general circulation in the County, once at
least ten (10) days prior to the date of said
public hearing and the second at least two (2)
days prior to said hearing.
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"C. In lieu of a published notice in a newspaper,
the Planning Commission may, by policy,
require that every recorded property owner,
or leaseholder, of property within three
hundred (300) feet of the subject parcel be
notified of said public hearing and its pur-
pose by mail which shall be postmarked at
least ten (10) days prior to the dz-.te of said
hearing.
"D. Under the latter procedure, the proceedings
and action shall not be nullified if some
owners or leaseholders fail to receive such
notice."
SECTION 6. Section 7.04 is hereby amended to read as
follows:
"Section 7.04. Actions on Variances. The Planning
Commission shall, within a reasonable time anter a duly
held public hearing or hearings, deny, approve, or defer
the application subject to conditions."
SECTION 7. Subsection B of Section 7.04 is hereby amended
to read as follows:
"B. In the event the Planning Commission fails to act,
without just cause, within a reasonable time, the Director
shall certify such application as approved and shall so
notify the applicant."
SECTION 8. Section 7.05 is hereby amended by substituting
the word and numbers "thirty (30)" for "fifteen (15)" and sub-
stituting the word "Appeals" for the word "Supervisors."
SECTION 9. Subsection A of Section 7.05 is hereby amended
by inserting the word "nonrefundable" before the word 'filing.'
SECTION 10. Subsection C of Section 7.05 is hereby amended
to read as follows:
"C. The Board of Appeals shall, within sixty (60) days
after the filing of a proper appeal or within such longer
period as may be agreed to by the appellant, consider
said appeal."
SECTION 11. Subsection D of Section 7.05 is hereby amended
to read as follows:
"D. Within a reasonable time after considering the
appeal, the Board of Appeals shall affirm, modify or
reverse the action from which the appeal was taken."
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SECTION 12. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
INTRODUCED BY:
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cilman, County oV Fiawa