HomeMy WebLinkAboutBIL 1074 Draft 01 1980-19841 ORDINANCE Intr. BY: r�
Re: Amenia Zoning Code - Relating to Plan , ,pprova 1
Refer: PC-
Rafe-:
MB No.
Bill 1074: Amends Section 25-244, Division 12, Article 20, Chapter 25 (Zoning Code)
of the Hawaii County Code 1983, as amended, relating to Plan Approval.
PC - 3/21/84
PC -325 - approve & adopt BM 1074 on 1st reading - 4/4/84 2724
(Opposed: Mrs. HaZe)
Refer B -M to PZanning Department for their consideration & processing
through the PZanning Commission - 4/4/84
SEE: PLG -1618
11
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Bill No. 1074
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-244, DIVISION 12, ARTICLE 20,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983, AS AMENDED,
RELATING TO PLAN APPROVAL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-244, Division 12, Article 20, Chapter 25
of the Hawaii County Code 1983, is amended to read as follows:
"Section 25-244. Consideration of application; decision.
(a) The director within [forty-five] thirty days after the
application is filed in its offices or within a longer period agreed
to by the applicant, shall consider the application for plan
approval together with all accompanying data and shall either deny,
approve, or defer the application subject to conditions or
alterations.
(1) The director shall consider the application and the
proposed use in relation to the surrounding property, improvements,
streets, traffic, community characteristics, natural features, and
in any other manner in order to assure and may require:
(A) Adequate light and air, and proper siting and
arrangements of all structures and improvements;
(B) That existing and prospective traffic
movements will not be hindered;
(C) That the use is properly landscaped
commensurate with the use and its surroundings;
(D) That unsightly areas are properly screened or
eliminated;
(E) That there is adequate off-street parking to
serve the use, regardless of the otherwise minimum requirements of
this chapter;
(F) That no potential accident hazards will be
created in gaining access to the parking areas; and
(G) That within reasonable limits the natural
features, if any, of community value are preserved.
(2) To this end the director shall require any
conditions or changes in the proposal which, in the director's
opinion, are necessary to carry out and further the purposes of this
chapter and the above-mentioned specific considerations and
permissive requirements. Conditions imposed under this section
shall not limit the allowable uses authorized in the zoning code.
(b) If the application is approved, then the proposal for
which the application was made shall be accomplished and maintained
in conformity with the terms, specifications and conditions of the
approval.
(c) If the director fails to act within the [forty-five]
thirty day period or within such longer period as may be agreed to
by the applicant, the application shall be deemed approved without
certification by the director.
(d) Any person aggrieved by the decision of the director may
appeal the decision in accordance with article 1, section 25-7 of
this chapter.
(e) The authority exercised by the director under this
section shall be continuous and not limited to the initial
development."
SECTION 2. Material to be repealed is bracketed. New material
is underscored. In printing this ordinance, the brackets, bracketed
material, and underscoring need not be included.
SECTION 3. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction
Date of lst Reading:
Date of 2nd Reading:
Date of Adoption:
Effective Date:
INTRODUCE BY:
�_QCNCILPU
4MEMB—TEV,
April 4, 1984
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(b) If the application is approved, then the proposal for
which the application was made shall be accomplished and maintained
in conformity with the terms, specifications and conditions of the
approval. An lan approval action placing conditions upon the
application sbaii be submitted to the council or rati ication.
(c) If the director fails to act within the [forty-five]
thirty day period or within such longer period as may be agreed to
by the applicant, the application shall be deemed approved without
certification by the director.
(d) Any person aggrieved by the decision of the director may
appeal the decision in accordance with article 1, section 25-7 of
this chapter.
(e) The authority exercised by the director under this
section shall be continuous and not limited to the initial
development."
SECTION 2. Material to be repealed is bracketed. New material
is underscored. In printing this ordinance, the brackets, bracketed
material, and underscoring need not be included.
SECTION 3. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of Adoption:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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�TEPHE,\ K } A 41ASILIRO
Orarmar C- Prc,dm� Of fear
VI-\( ER KALARI SCHHTTE
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April 5, 1984
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COUNTY COUNCIL
County of Hawall
Hawaii County Building
Hilo, Hawaii 96720
To: PLANNING DIRECTOR SIDNEY FUKE
From: COUNCIL CHAIRMAN STEPHEN K. YAMASHIRO
Re: BILL NO. 1074
lA%1ES i_ K DAHLBI-R(,
FRA'\K DF III
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TO\11() FUlll
IIELE!�E H NALL
WILLIA II S KA tt'AMU
AERIE K LAI
Col -11 \I'mbtr,
At the request of Takashi Domingo, Chairman of the Planning
Committee, the Council at its April 4, 1984 meeting, has
referred Bill No. 1074 to the Planning Department and
Planning Commission for further consideration.
It is our understanding that the Planning Commission has
to review the amendments as required by the Hawaii County
Code (Sec. 25-21 (b)).
Your early and expeditious review is requested.
xc: Legislative Auditor