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HomeMy WebLinkAboutAMEND TO CHPT 25PDlnitiatedUsePermitActionTimeAndRevocation.doc 10.19.2020 INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLE 2, DIVISION 6, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED) RELATING TO USE PERMITS REVISED RECOMMENDATION OF APPROVAL At the Leeward Planning Commission held on October 15, 2020, the following recommendations to the Planning Director Initiated bill on Use Permit action time and revocation requirements was approved. Therefore, the Planning Director recommends adding to Section 25-2-64 (c) unless an extension is agreed to by all parties and re-letter the Ordinance. c) If the commission fails to render a decision within the prescribed period, the application shall be considered as being approved;unless an extension is agreed to by all parties, provided that no [written ob;ection] contested case hearing pertaining to the use permit is [received] pending before the commission. Chapter 25 (Zoning) of the Hawai`i County Code 1983 (2016 edition, as amended) is proposed to be amended as attached Planning Department Exhibit 1A. (Material to be deleted is bracketed and struck through; material to be added is underscored) I 1 3 j COUNTY OF HAWAII STATE OF HAWAII 3 PF O•f• i1 BILL NO. Pt,q-NNkl\lt Dar) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 6 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE PERMITS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this amendment is to update the decision-making timeframe for use permits and clarify requirements and procedures for the Planning Director, Windward Planning Commission, and Leeward Planning Commission to revoke a Use Permit. The proposed amendments are intended to make the Zoning Code consistent with the Planning Commission Rules of Practice and Procedure. F i SECTION 2. Chapter 25, article 2, division 6, section 25-2-64 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: Section 25-2-64. Action on use permit. a) Within [ninety] sixty days [after . following the close of the public hearing or public hearings as the case may be, or within such longer period as agreed to by the applicant, the commission shall either deny or approve the application. The commission's decision shall be accompanied by a statement of factual findings supporting the decision [, _ • ' - . - -• - •• .. - - -. • . . - . -•- . - - . ]. b In approvinany use permit application, the commission may issue the approval subject to conditions, including but not limited to hours ofdaily operation and terms of the use permit. The conditions imposed by the Commission shall bear a reasonable relationship to the use permit granted. c) If the commission fails to render a decision within the prescribed period, the application shall be considered as being approved;unless an extension is agreed to by all parties, provided that no [written e jectio ] contested case hearing pertaining to the use permit is received] pending before the commission. d) Concurrent requests may be acted upon by the commission in conjunction with a use permit application." SECTION 3. Chapter 25, article 2, division 6, section 25-2-67 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: Section 25-2-67. Revocation of a use permit. holds the use permit sought to be revoked or at the request of any other person with the Planning Dept. Exhibit Pc verifying that the use approved under the use permit issued has either not been established or has been abandoned. 1) There have been continual violations of the use permit; or 2) The use authorized under the use permit is creating a threat to the health or safety of 3) The use authorized under the use permit has been abandoned for a continuous period of two-years: c) The proceeding to revoke a use permit, upon request of the director, shall require written d) A property owner or other person affected by the proposed revocation of a use permit ordered by the commission, may, within thirty days after the mailing of the commission's order, appeal the commission's action to the third circuit court pursuant to chapter 91, a) A use permit may be revoked by the director in the event that any property owner who holds the permit sought to be revoked or any other person, with the property owner's consent, submits a written statement to the director verifying that the development approved under the permit issued has either not been established or has been abandoned. b) A use permit may be revoked by the commission upon the request of the director when the director determines the following conditions exist: 1) There has been noncompliance with the conditions of the permit; or 2) The use authorized under the permit is creating a threat to the health or safety of the community. c) The Director shall provide written notice of the proceeding to revoke a use permit to the property owner and to the person who has been issued the permit prior to the Commission taking action to revoke the permit. d) A property owner or other person affected by the proposed revocation of a use permit ordered by the commission, may, within thirty days after the mailing of the commission's order, appeal the commission's action to the third circuit court pursuant to chapter 91, Hawai`i Revised Statutes." SECTION 4. 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. fg SECTION 5. 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 6. This ordinance shall take effect upon its approval. INTRODUCED BY: 2 xj pR COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2"d Reading: Effective Date: t a a Y k i f s y3 t t a s qi g4g 3 1