Conditional zoning

A. The county council may place restrictions on the applicant's intended use of the land prior to the passage of a law changing the zoning.

B. The requirements will be put in place if the council decides they are required to stop situations that might be harmful to the general public's health, safety, convenience, and welfare. The conditions must satisfy the following requirements and be adequately designed to reduce the effects of the proposed land use:

Both the demand for public services generated by the proposed use and the protection of the general public from any possibly harmful impacts are guaranteed by the proposed use.

C. The requirements must have been met before council action on the rezoning amendment or they must be enforceable by the county to guarantee compliance even after council action. The requirements must be met within the council-set deadline or in the absence of a deadline, within a maximum of five years following the ordinance's effective date.

D. These requirements must be spelled out in a unilateral agreement that benefits the county, acting through and on behalf of the county council chairman. No ordinance with conditions shall take effect until such agreement, duly executed, and has been recorded with the State of Hawaii's bureau of conveyances or land court, as the case may be. This will ensure that the conditions imposed pursuant to such agreement run with the land and bind and serve as notice to all subsequent grantees, assignees, mortgagees, lienors, and every other person who claims an interest in such property. Prior to council action on the ordinance with conditions, the agreement must be properly completed and given to the county. The council may, however, allow reasonable delays in circumstances of practical difficulties. This agreement cannot limit the council's ability to rezone land with or without restrictions. The county may enforce the agreement against the parties and their heirs, personal representatives, successors, and assigns by proper legal action or suit in equity.

E. The council may ask the property owner or contract buyer for a bond in a format acceptable to it or a cash deposit in an amount sufficient to ensure adherence to the requirements imposed. The posting of this bond is required to occur concurrently with the recording of the conditionscontaining agreement with the state's bureau of conveyances or land court, as applicable.

F. Failure to comply with any requirements of a zone change within the allotted time frames may be cause for laws to be passed to convert the zoning back to the original zoning district or to start a claim against the bond.

G. Requests for conditional adjustments or modifications must be handled in the same way as requests for zone changes.

H. The director of public works is responsible for enforcing the requirements when evaluating and issuing permits, certificates, plans, or any other issue that calls for his or her approval.

 

Amendments

A. Starting the Proposal

1. The council may pass a resolution, a motion adopted by a planning commission, or a proposal from the planning director to begin amending or repealing the requirements of this section or the borders of the districts.

2. The resolution, motion, or proposal must be addressed to the planning director, who must then prepare any legislation, zoning maps, regulations, amendments, or modifications thereto that may be required to carry out the resolution, motion, or proposal and transmit them to the county council before a decision is made.

3. The proposal, motion, or resolution must be handled in line with the rules.

B. Need for Public Hearing

All of the motions, resolutions, or proposals included in this section must go through the public hearing process.

Permits for special usage:

A. Compliance is necessary

A special use permit must adhere to the rules of this section, the county's general plan and community plans' aims and objectives, the Hawaii Revised Statutes, and the updated county charter.

B. Requirements for Permit

If the relevant planning commission determines that each of the following requirements has been satisfied. It will consider the request for a special use and subject to the restrictions of this chapter, may approve it after a public hearing:

1. The proposed request complies with the county's appropriate community plan's goals and rules as well as the general plan's aim.

2. The proposed proposal complies with the county's appropriate land use map and community plan.

3. The proposed proposal complies with the district's intentions and goals.

4. Public or private schools, parks, playgrounds, water systems, sewage and solid waste disposal, drainage, highway and transit systems, and other public necessities, conveniences, and upgrades won't be negatively impacted or interfered with by the planned development.

5. The planned development won't have a negative effect on the neighborhood's social, cultural, economic, environmental, or ecological character or quality.

6. The protection of the general population from the negative impacts of the intended usage.

7. That the planned use's needs for public services will be satisfied.

8. The commission must assess whether the use conforms with the standards outlined in the State's land use commission regulations if it is situated in the state's agricultural and rural area.

C. Application Procedures

All applications for special use permits must follow the guidelines outlined by this code. However, if a state special use permit is necessary, chapter 205 criteria must also be followed.

The applicant must submit a project master plan and development plan, as described in this article, if they are relevant to the district's needs. However, the county council is not required to receive a copy of these plans.

If the requirements are logically designed to lessen the effects of the proposed land use, the planning commission may conditionally approve a request for a special use.