HomeMy WebLinkAboutOrdinance 07-028COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 29
ORDINANCE NO. 07 26
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLAN
APPROVAL
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to consider noise
impacts in reviewing a plan approval application, and to assure mitigation measures for
any noise impacts that the proposed structure, development or use may have on the
surrounding community or area.
SECTION 2. Chapter 25, article 2, section 25 -2 -76, Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 25 -2 -76. Review criteria and conditions of approval.
(a) In reviewing a plan approval application, the director shall consider the
proposed structure, development or use in relation to the surrounding
property, improvements, streets, traffic, community characteristics, natural
features, and may require conditions or changes to assure:
(1) Adequate light and air, and proper siting and arrangements are
provided for all structures and improvements;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the
structure, development or use and its surroundings;
(4) Unsightly areas are properly screened or eliminated;
(5) Adequate off - street parking is provided to serve the structure,
development or use, regardless of the otherwise minimum
requirements of this chapter;
(6) Access to the parking areas will not create potential accident hazards;
(7) Within reasonable limits, any natural and man-made features of
community value are preserved; and
(8) Dust, noise, and odor impacts are Ikeptto a fninimum miti ated.
(b) The director shall require any conditions or changes in the proposal which,
in the director's opinion, are necessary to carry out the purposes of this
chapter and the considerations contained in subsection (a) above."
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 without the invalid
provision or application, and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 4. Material to be repealed is bracketed. New material is underscored.
In re- printing this ordinance, the brackets, bracketed material and underscoring need not
be included.
SECTION 5. This ordinance shall take effect upon its approval.
Hilo , Hawaii
Date of Introduction.
Date of 151 Reading:
Date of 2 °a Reading:
Effective Date:
AlUERENCE: Con
February
February
March 9,
March 20,
im; 90
INTRODUCED B
COUNCIL MEM R, COUNTY OF WAII
22, 2007
22, 2007
2007
2007
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: K. Angel Pilago
Date Introduced: February 22, 2007
First Reading: February 22, 2007
Published: N/A
REMARKS:
Second Reading: March 9, 2007
To Mayor:
March
14,
2007
Returned:
March
21,
2007
Effective:
March
20,
2007
Published:
March
29,
2007
REMARKS.
ROLL CALL VQTE
YE
NOES
ABS
EX
Ford
X
Higa
X
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
5
0
4
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Ford
X
Higa
X
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
7
0
2
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FOR ND LEGALITY:
DEPU CORPORATION Cq NSEL
COUNTY OF HAWAII r
Date MAR 1 5 1001
pprov d/ isapproved this 1014" day
E�
( v l a ff j A , 20o.
AC,T1NrW YOR, COUNTY OF HAWAII
IDOL c �f C-t ,,t,a
COUNTJ U EU
Bill No.:
29
Reference: C- 90 /PC -11 p.
Ord No.: 07 r28'