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.
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