A. Generally.

1. General Purpose. The general purpose of this chapter is to prescribe the manner by which permits and approvals are processed and approved and to ensure that all developments in the County are in compliance with the provisions of this title. Except as otherwise provided, all permits and development approvals required by this title shall comply with the procedures specified in this chapter. Any department or agency of the State or County or any person having a legal or equitable interest in property or a person acting as the authorized representative of the person having a legal or equitable interest in the land for which a change in zoning is sought may file an application with the appropriate planning commission by filing the application with the department of planning.

2. Consolidated Applications and Public Hearing. A consolidated application may be filed and a single public hearing held for all of the permits or approvals required by a project. The consolidated application shall address all of the issues which pertain to the criteria and requirements of each permit or approval sought. The decisions rendered on the permits or approval sought shall analyze each permit and approval separately with regard to the criteria and requirements which pertain to each permit or approval.

B. Fees. Except for applications filed by County agencies, application fees shall be required in the amounts specified in the annual budget of the County. All checks issued to pay for application fees shall be made payable to the director of finance.

C. Application Completeness Review.

1. Review of Applications for Completeness by the Planning Director. All applications required by this title shall be submitted to the planning director. Not more than fifteen business days from the date upon which an application is received, the planning director shall review the application to determine if the application is complete or incomplete. If the application is complete, the planning director shall continue processing the application. If the application is incomplete, the planning director shall provide the applicant with a written statement that identifies the portions of the application determined to be incomplete.

2. For all community plan amendment and change in zoning applications deemed complete, the planning director shall prepare a report that shall include an assessment and detailed explanation for each requirement set forth in section 19.510.010(D). The report shall include all relevant data, studies, agency reports, and any other information relied upon by the planning director in finding that an application is complete.

3. The planning director shall transmit the report to the council and the appropriate planning commission as a part of the report that is required by section 19.510.020(A)(5) or 19.510.040(A)(3).

4. The planning director shall prepare an updated report for each amendment made to the application and transmit the updated report to the council and appropriate planning commission.

D. Content of Application. All applications shall provide the following information:

1. Documents which identify the owner of the subject parcel of land and the signature or written authorization for the application by the owner; provided, however, that this requirement shall not apply to revisions or amendments proposed by the planning director or the County council;

2. Owner’s name, address and telephone numbers;

3. Agent’s name, address and telephone numbers, if applicable;

4. Tax map key number of the parcel and its street address, if available;

5. Locational map identifying the site, adjacent roadways, and identifying landmarks;

6. List of owners and lessees of record located within a five-hundred-foot distance from the parcel. This list shall be derived from the most current list available at the real property tax division of the department of finance at the time of the filing of the application with the planning director. This list shall include the names and addresses of all of the owners and lessees of record located within a five-hundred-foot distance from the parcel, as well as the tax map key numbers of these owners’ and lessees’ lands identified in accordance with this section. A map, drawn to scale, which clearly identifies the five-hundred-foot boundary surrounding the subject parcel and the parcels within the boundary;

7. Policies and objectives of the general plan, the provisions o f the community plan applicable to the application, the provisions of the applicable district and an analysis of the extent to which the application, if granted, conforms to these policies, objectives and provisions;

8. Detailed land use history of the parcel which includes, but which is not limited to, former and existing State and County land use designations, violations and uses;

9. Preliminary archaeological and historical data and comments from the department of land and natural resources and office of Hawaiian affairs of the State, and if applicable, a preservation/mitigation plan which has been reviewed and approved by the department of land and natural resources and office of Hawaiian affairs of the State;

10. Analysis of the secondary impacts of the proposed use on surrounding uses which includes, but which is not limited to, increases in property value, populations, housing, community services and facility needs, secondary jobs and employment generated, and compatibility with surrounding uses, and if applicable, the affordable housing program and comments from the department of human concerns of the County, and other mitigation plans and comments from the respective governmental and community services agencies;

11. Traffic impact analysis and, if applicable, a traffic master plan, which includes, but which is not limited to, comments from the department of transportation of the State and department of public works and environmental management;

12. If applicable, an assessment of the impact which the proposed use may have on agricultural use of the parcel which includes, but which is not limited to, a feasibility analysis of potential agricultural uses suited to the site and written comments from the department of agriculture of the State and the Soil Conservation Service of the government of the United States;

13. Water source, supply and distribution analysis which includes, but which is not limited to, methods of irrigation existing on the parcel and proposed for the application, location and use of groundwater and nonpotable water sources, and, if applicable, a water master plan, which includes, but which is not limited to, comments from the department of land and natural resources of the State and the departments of water supply and public works and environmental management;

14. Sewage disposal analysis, a description of a proposed method of sewage disposal, and comments, if applicable, from the departments of health and land and natural resources of the State and the departments of public works and environmental management and water supply;

15. Solid waste disposal analysis, a description of a proposed method of solid waste disposal and comments, if applicable, from the departments of health and land and natural resources of the State and the departments of public works and environmental management and water supply;

16. Identification of environmentally sensitive areas, habitat and botanical features which include, but which are not limited to, wetlands, streams, rock outcroppings, endangered plants and animals, and exceptional trees, if applicable, a baseline study and preservation/mitigation plan, and comments, if applicable, from the department of land and natural resources of the State, the United States Fish and Wildlife Service, and the United States Corps of Engineers;

17. Identification of the topographical and drainage patterns existing on the subject parcel and any proposed alterations to these patterns;

18. Identification of all meetings held between the applicant and any community or residential group which may be impacted by the applicant’s request, the issues raised by these meetings, and any measures proposed by the applicant to deal with or to mitigate these issues;

19. Photographs of the subject site or structure which are dated;

20. Development schedule;

21. Schematic site development plans, if applicable, drawn to scale, which identify the following:

a. Property lines and easements with their dimensions and area calculations,

b. Location, size, spacing, setbacks and dimensions of all existing and proposed buildings, structures, improvements and uses,

c. Existing and proposed building elevations, sections, floor plans and site sections which clearly define the character of the development,

d. Topographic information showing existing features and conditions and proposed grading,

e. Existing and proposed landscaping which depicts open spaces, plantings and trees,

f. Existing and proposed roadways and accesses to the project and parking layout with dimensions, and

g. Shoreline, shoreline setback lines, stream and other setback lines;

22. Operations and management of the proposed use which includes, but is not limited to, number of employees, proposed employee housing plan, hours of operation, fees charged to residents and visitors, provisions for off-site parking;

23. Identification of traditional beach and mountain access trails and additional trails which may be required for public access to the beaches and mountains, and if applicable, preservation/mitigation plan, and comments from the department of land and natural resources and the office of Hawaiian affairs;

24. Identification and assessment of chemicals and fertilizers used, including, but not limited to, detailing effects upon surface, underground and marine water resources and neighboring properties and surrounding flora and fauna, and if applicable, a mitigation plan and maintenance program and schedule, and comments from the departments of health and of land and natural resources of the State, the United States Fish and Wildlife Service, and the United States Environmental Protection Agency; and

25. Any other information to assess the application.

E. At the time of the filing of the application, the applicant shall file a notice of application, which is in a form prescribed by the planning director, and an affidavit certifying that the notice of application was mailed to all owners and lessees of record located within a five-hundred-foot distance from the subject parcel. The notice of application shall include the following information:

1. The name, address and telephone number(s) of the owner and the owner’s authorized agent, if applicable;

2. A brief description of the existing uses and uses proposed by the application; and

3. A location map and a description of the location of the proposed development which includes, but which is not limited to, the tax map key number and street address, if available, of the subject parcel. (Ord. 3447 § 1, 2007: Ord. 2032 § 5 (part), 1991)

A. With the exception of section 19.510.020(B) and the specific requirements of each application, the general processing requirement for all applications which require a public hearing by a planning commission shall be as follows:

1. The planning director shall set the application for public hearing on the agenda of the planning commission;

2. The planning director shall notify the applicant and the appropriate State and County agencies of the date of the public hearing not less than forty-five calendar days prior to the date of the public hearing;

3. The planning director shall publish the notice of the date, time, place, and subject matter of the public hearing once in a newspaper printed and issued at least twice weekly in the County and which is generally circulated throughout the County at least thirty calendar days prior to the date of the public hearing;

4. The applicant shall provide notice of the public hearing date on the application to the owners and lessees of record located within a five-hundred-foot distance from the parcel identified in the application by complying with the following procedures:

a. The applicant shall:

i. Mail a notice of the date of the public hearing of the application in a form prescribed by the director of planning by certified mail, return receipt requested, to each of the owners and lessees not less than thirty calendar days prior to the date of the public hearing,

ii. Submit each of the return receipts for the certified mail to the planning director not less than ten business days prior to the date of the public hearing, and

iii. Publish the subject matter, in a form prescribed by the planning director, once a week for three consecutive weeks prior to the date of the public hearing in a newspaper which is printed and issued at least twice weekly in the County and which is generally circulated throughout the County,

b. For purposes of this section, notice shall be considered validly given if the applicant has made a good faith effort to comply with subsection (A)(4)(a) of this section;

5. The planning director shall transmit a report on the application to the planning commission, the applicant, the appropriate State and County agencies, and all interested persons not less than six business days prior to the date of the public hearing;

6. Except as provided in section 19.510.020A.7, after holding a public hearing, the planning commission:

a. For applications which require final action by the County council, shall transmit its findings, conclusions, and recommendations to the County council, the applicant, public agencies, and all interested parties, and

b. For applications which require final action by the planning commission, shall notify the applicant, public agencies, and interested parties of the action taken by the planning commission;

7. The commission shall transmit to the County council findings, conclusions, and recommendations for all changes in zoning and conditional use permits within ninety days, and within one hundred twenty days for all other applications requiring council approvals, after the application is deemed complete by the planning department. However, if a consolidated application for a community plan amendment and change in zoning is submitted, the findings, conclusions, and recommendations shall be transmitted within one hundred twenty days.

B. All amendments to this title, including proposed zoning ordinances, land use ordinances, zoning maps, and regulations and any amendments or modifications thereto, may be proposed by the planning director, the County council or a planning commission and shall be processed as follows:

1. The planning director shall set the proposed amendment for public hearing on the agenda of the planning commission;

2. If a resolution of the County council initiated pursuant to the charter of the County is transmitted to the planning commission, the director shall set a public hearing date not later than sixty calendar days from the date of the receipt of the resolution of the County council and within one hundred twenty calendar days upon receipt of the resolution, the planning commission shall transmit its findings and recommendations to the County council.

3. The planning director shall notify the County council, and the appropriate State and County agencies, and those persons who requested notification of meetings pursuant to subsection A of this section. (Ord. 2316 § 3, 1994; Ord. 2032 § 5 (part), 1991)

Applications which do not require a public hearing shall comply with all provisions of this chapter; except that the applicant shall not be required to comply to the provisions of section 19.510.020 of this chapter. (Ord. 2032 § 5 (part), 1991)

A. All applications for change of zoning shall be processed as applications which require a public hearing in accordance with the procedures set forth in sections 19.510.010 and 19.510.020 of this code and the following requirements:

1. The appropriate planning commission shall conduct a public hearing on all change of zoning applications;

2. Upon closing the public hearing and upon reviewing the report and recommendation of the planning director and all other applicable information on the application, the commission shall prepare a report which includes, but which is not limited to, the commission’s findings of fact, conclusions of law, recommendations, and any recommended condition which the commission determines to be necessary pursuant to the conditional zoning provisions of this chapter;

3. Upon appropriate action by the commission, the director of planning shall transmit the report of the commission to the county council;

4. The county council may grant a change of zoning if all of the following criteria are met:

a. The proposed request meets the intent of the general plan and the objectives and policies of the community plans of the county,

b. The proposed request is consistent with the applicable community plan land use map of the county,

c. The proposed request meets the intent and purpose of the district being requested,

d. The application, if granted, would not adversely affect or interfere with public or private schools, parks, playgrounds, water systems, sewage and solid waste disposal, drainage, roadway and transportation systems, or other public requirements, conveniences and improvements,

e. The application, if granted, would not adversely impact the social, cultural, economic, environmental, and ecological character and quality of the surrounding area, and

f. If the application change in zoning involves the establishment of an agricultural district with a minimum lot size of two acres, an agricultural feasibility study shall be required and reviewed by the department of agriculture and the United States Soil and Conservation Service.

B. Protests. Protests may be filed with the appropriate planning commission prior to or on the public hearing date of the application being protested. In the case in which the owners or lessees of forty percent or more of the land located within a five-hundred-foot distance from the boundaries of the subject parcel have filed written protests, the ordinance which grants the application shall not become effective unless approved by a vote of seven members of the county council.

C. Project Master Plan and Development Plan. The applicant shall submit a project master plan and development plan, as provided in this title. (Ord. 2032 § 5 (part), 1991)

A. Prior to the enactment of an ordinance effecting any change in zoning, the county council may impose conditions upon the applicant’s proposed use of the property.

B. The conditions shall be imposed if the council finds them necessary to prevent circumstances which may be adverse to the public health, safety, convenience, and welfare. The conditions shall be reasonably conceived to mitigate the impacts emanating from the proposed land use and shall meet the following criteria:

1. That the public shall be protected from the potentially deleterious effects of the proposed use; and

2. That the need for public services created by the proposed use shall be fulfilled.

C. The conditions to be imposed must have been performed prior to council action on the rezoning amendment or be enforceable by the county so as to ensure performance after council action. The conditions shall be fulfilled within the time limitation set by the council, or, if no time limitation is set, within a maximum of five years from the date the ordinance is in effect.

D. Such conditions shall be set forth in a unilateral agreement running in favor of the county, acting by and through the chairman of the county council. No ordinance with conditions shall be effective until such agreement, properly executed, has been recorded with the bureau of conveyances of the State of Hawaii or the land court of the State, as the case may be, so that the conditions imposed pursuant to such agreement shall run with the land and shall bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors, and any other person who claims an interest in such property. The agreement shall be properly executed and delivered to the county prior to council action on the ordinance with conditions; provided however, that the council may grant reasonable extensions in cases of practical difficulty. Such agreement shall not restrict the power of the council to rezone with or without conditions. The agreement shall be enforceable by the county, by appropriate action at law or suit in equity, against the parties and their heirs, personal representatives, successors, and assigns.

E. The council may require a bond, in a form acceptable to it, or a cash deposit from the property owner or contract purchaser in such amount as will assure compliance with the conditions imposed pursuant to this section. Such bond shall be posted at the same time the agreement containing the conditions is recorded with the bureau of conveyances of the state or the land court of the state, as the case may be.

F. Failure to fulfill any conditions on a zone change within the specified time limitations may be grounds for the enactment of ordinances to restore the zoning to the previous zoning district or initiate a claim on the bond.

G. Changes or alterations of conditions shall be processed in the same manner as petitions for zone changes.

H. In reviewing and approving permits, certificates, plans, or any other matter which requires the approval of the director of public works, the director of public works shall enforce the provisions of the conditions. (Ord. 2032 § 5 (part), 1991)

A. Initiation of Proposal.

1. Initiation of amendments to or repeal of the provisions of this title or of the boundaries of the districts may be made by adoption of a resolution by the council, by a motion approved by a planning commission, or by a proposal of the planning director.

2. The resolution, motion, or proposal shall be addressed to the planning director who shall prepare any legislative bill, zoning map, regulation, or amendment or modification thereto which may be necessary to implement the resolution, motion, or proposal and transmitted to the county council prior to action being taken on the matter.

3. The resolution, motion, or proposal shall be processed in accordance with the provisions of section 19.510.020(B) of this code.

B. Public Hearing Required. All motions, resolutions, or proposals identified in this section shall require the procedure for public hearing to be done in accordance with sections 19.510.010 and 19.510.020 of this code. (Ord. 2032 § 5 (part), 1991)

A. Compliance Required. A special use permit shall comply with the provisions of this section and with the policies and objectives of the general plan and community plans of the county, the Hawaii Revised Statutes, and the revised charter of the county.

B. Criteria for Permit. Subject to the provisions of this chapter, the appropriate planning commission shall review and, after a public hearing, may approve a request for a special use if the commission finds that each of the following criteria have been met:

1. The proposed request meets the intent of the general plan and the objectives and policies of the applicable community plan of the county;

2. The proposed request is consistent with the applicable community plan land use map of the county;

3. The proposed request meets the intent and purpose of the applicable district;

4. The proposed development will not adversely affect or interfere with public or private schools, parks, playgrounds, water systems, sewage and solid waste disposal, drainage, roadway and transportation systems, or other public requirements, conveniences, and improvements;

5. The proposed development will not adversely impact the social, cultural, economic, environmental, and ecological character and quality of the area;

6. That the public shall be protected from the deleterious effects of the proposed use;

7. That the need for public service demands created by the proposed use shall be fulfilled; and

8. If the use is located in the state agricultural and rural district, the commission shall review whether the use complies with the guidelines established in section 15-15-95 of the rules of the land use commission of the State.

C. Application Process. All applications for a special use permit shall comply with the application procedures established in sections 19.510.010 and 19.510.020 of this code; provided, that if a state special use permit is required, requirements of chapter 205 shall also apply.

D. If applicable to the requirements of the district, the applicant shall provide a project master plan and development plan as provided in this article; except, that these plans need not be transmitted to the county council.

E. The planning commission may impose conditions on the granting of a request for a special use if the conditions are reasonably conceived to mitigate the impacts emanating from the proposed land use. (Ord. 2032 § 5 (part), 1991)

A. Purpose. The purpose of the master plan is to establish general planning and development control parameters while allowing sufficient flexibility to permit detailed planning at the time of development. If the applicant desires to phase the development plan, the anticipated pattern of development shall be included in the master plan.

B. Processing Requirements. Any district or use which requires a project master plan pursuant to the provisions of this title shall comply with the following procedure:

1. All applications for a project master plan shall require a public hearing and shall comply with sections 19.510.010 and 19.510.020 of this code; and

2. The planning commission shall approve the project master plan if the development shown on the plan complies with the provisions of the district. If the application for a project master plan is being processed concurrently with an application for a change of zoning, the planning commission shall approve the project master plan if the development shown on the plan complies with the district being requested and any conditions placed on the approval of the change of zoning. The planning commission shall not approve the project master plan if the requirements of this subsection are not met.

C. A project master plan shall be a scaled, graphic representation of the following information together with all necessary explanatory material:

1. The boundaries of the area involved and the owners of the land contained therein, as well as all existing public streets and rights-of-way within and adjacent to the site;

2. The existing and proposed location of all buildings and uses on the site and the descriptions of buildings and uses proposed;

3. The general location of all existing and proposed parking facilities which includes, but which is not limited to, the approximate number of parking spaces at each location and all existing and proposed means of vehicular access to parking areas and to public streets, and any proposed changes in the location, width, or character of public streets within and adjacent to the site; and

4. The general use of major existing and proposed open spaces within the site and general features of the plan, such as screening, buffering, or retention of natural areas which are intended to enhance the compatibility of the site with adjacent properties.

D. No development plan, as set forth in this title, shall be approved nor shall any subdivision, building, or occupancy permit, or any other construction or development permit or approval be issued by any department of the county unless the approval or issuance shall be in compliance with the provisions of this chapter and substantially in accordance with the approved project master plan. (Ord. 2032 § 5 (part), 1991)

A. Purpose. The purpose of the development plan is to specify the uses of land, and the layout of the project’s landscaping, circulation and buildings. This plan may be the final document upon which subdivision, building permits, and other county approvals are issued.

B. Processing Requirements.

1. Any district or use which requires a project master plan shall also require a development plan.

2. No certificate of occupancy for a use or subdivision and no permit for the erection, enlargement, extension, or reconstruction of a building or structure occupied, or intended to be occupied by these uses shall be granted by the director of public works unless a development plan for such a use, subdivision or building has been approved by the planning director as being in accordance with the requirements set forth in the approved project master plan and this title.

3. If the proposed project is within the special management area, the final plans reviewed and approved by the appropriate planning commission may be considered in lieu of the development plan; provided, that all requirements of this title which pertain to development plans have been met.

4. The planning director shall approve the development plan if the director finds that the plan is consistent with the applicable district and the project master plan. The planning director shall consult with the appropriate county and state agencies and may seek such additional technical advice the director deems necessary to review the plan. The director may attach conditions to the approval of any development plan which are clearly necessary to ensure conformance to the intent and purpose of the provisions of this title and the provisions of the approved project master plan or applicable conditional zoning. The director shall review and approve or reject the application based on the following:

a. Landscaping.

i. Appropriate groundcover, trees and other vegetative materials identified by the planting plan adopted by the arborist committee of the county shall be retained or planted to prevent excessive storm runoff, erosion, siltation and dust, buffering and screening, if necessary, and to enhance the general appearance of the site, and

ii. The natural landscape of the site shall be preserved by retaining mature, healthy trees and natural topography except where removal or thinning of trees and alteration of topography is necessary to accommodate building sites, recreation areas, required parking and driveway areas, or drainage facilities and utility systems.

b. Arrangement of Buildings and Spaces.

i. Where a site to be developed for residential use abuts a major thoroughfare, expressway or railroad or where a site is to be developed or is intended to be developed for a use which is potentially incompatible with abutting, existing or proposed residential use, buildings and open spaces shall be so located, designed, and arranged in order to provide reasonable separation of the major thoroughfare, expressway, railroad, or incompatible use from the residential use. Where necessary to achieve this separation, trees or other vegetative materials shall be retained on the site or supplemented by additional plantings or the erection of appropriate walls or fences, and

ii. Buildings shall be located on the site or designed in such a manner that the fronts of buildings containing dwelling units do not face into rear yards or service areas of other buildings located either within the site or adjacent to it, except where privacy walls, fences, plant materials or topographic features provide screening therefrom,

c. Function of Yards and Spaces. Yards, spaces between buildings, and open space required by the provisions of this title shall be located with respect to buildings and other site improvements and improved so as to reasonably serve the purposes of this title for providing light and air, separation between buildings, separation between incompatible functions, enhancement of privacy, and promotion of public health and safety;

d. Parking and Circulation.

i. Driveways and areas for the parking and circulation of vehicles shall be located, designed, and improved so as to provide for safe and convenient access from adjoining streets and shall be in accordance with the established traffic engineering standards and driveway policies of the county. Factors to be considered in the location, design, or improvement of driveways and areas for the parking and circulation of vehicles shall be the number and location of access drives from adjacent streets, the location and width of driveways and access aisles to parking spaces, the arrangement of parking areas, and the means of access to buildings for firefighting apparatus and other emergency vehicles,

ii. Parking areas and driveways shall be clearly identified and separated from principal pedestrian routes and recreation areas by curbs, pavement markings, planting areas, fences or similar features designed to promote pedestrian safety, and

iii. Vehicular access to adjoining minor residential streets shall not be permitted when adequate access is available to collector streets or major thoroughfares and when adequate access for emergency vehicles can otherwise be provided; and

e. Design. If required, the planning director shall review and comment on the site design, building scale, and architectural design, lighting, colors and other design features of the proposed project after considering the existing character of the area, requirements of the approved project master plan and, if applicable, the conditions of zoning.

5. Appeal to the Planning Commission.

a. If the applicant disagrees with the development plan approved by the planning director, the applicant may request that the director submit the plan to the appropriate planning commission for its review and action. Upon receiving a request, the director shall submit the request and the plan to the commission. Request for the review shall be made in writing to the chairperson of the appropriate planning commission. Upon receipt of a request for review, the chairperson shall schedule the review on the first agenda of the commission meeting which is able to be properly noticed pursuant to Chapters 91 and 92 of the Hawaii Revised Statutes.

b. After reviewing the development plan, the appropriate planning commission may either affirm the approval of the development plan by the planning director or may modify the plan if this action complies with the criteria set forth for development plans in this chapter and substantially conforms to the project master plan which relates to the development plan. The commission may attach conditions to its approval or modification which it deems necessary to ensure that the plan conforms with the intent and purpose of the criteria set forth in this chapter or the requirements of the approved project master plan. The action of the commission shall be by formal resolution approved by a majority of its members.

6. Review and Granting of Permits by the Director of Public Works.

a. The director of public works shall determine whether the construction or use of premises proposed by an application for a subdivision, a building permit or for a certificate of occupancy conforms to the requirements of the approved development plan.

b. Nothing in this title shall be construed to abrogate the authority or duties of the director of public works which pertain to an application for a subdivision, a building permit or for a certificate of occupancy which have been approved by the director of public works.

C. Submission of Plans.

1. The applicant shall submit a minimum of two copies of the development plan to the director of planning. The development plan may be submitted concurrently with the subdivision, building permit or occupancy permit applications.

2. The applicant shall submit any other information requested by the planning director to allow the director to properly determine whether the development plan conforms to the project master plan and zoning restrictions, if applicable. (Ord. 2032 § 5 (part), 1991)