How property owners can ask to change a zoning district

persons. (a) An application for a change of zoning district by a property owner, or any other person with the property owner’s consent, shall be on a form prescribed by the director and shall be accompanied by: (1) A filing and processing fee of $500 plus $25 per lot or unit proposed by the amendment. (2) A description of the property in sufficient detail to determine its precise location. (3) A plot plan of the property, drawn to scale with all existing and proposed structures shown thereon, and any other information necessary to a proper determination relative to the specific request. (4) A list of the names, addresses and tax map key numbers for those owners and lessees of record of surrounding properties who are required to receive notice under section 25-2-4. (5) A County environmental report. A County environmental report shall not be required for any amendment where either an environmental impact statement or an environmental assessment and negative declaration have been prepared and issued in compliance with chapter 343, Hawai‘i Revised Statutes, as amended. (6) Any other plans or information required by rules adopted by the director in accordance with chapter 91, Hawai‘i Revised Statutes. (b) The applicant shall serve notice of the application for zoning amendment on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12. (c) In considering an amendment initiated by a property owner or other person which proposes to change the district classification of any property, the director shall consider the purposes of the existing and proposed district and the purposes of this chapter and shall recommend a change in a district boundary only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the general plan. (1) The director shall recommend either the approval or denial of the proposed amendment to the commission subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. (2) The director shall make the recommendation within one hundred twenty days after an application has been accepted by the director. (3) If the director fails to make a recommendation on the proposed amendment within the one-hundred-twenty-day period, the application shall be forwarded to the commission without any recommendation from the director, and the director’s failure to act shall be considered a favorable recommendation on the application. (4) The director shall prepare a report on surrounding properties of which any portion is within one thousand feet, in the case of a subject property in the State land use agricultural district, or three hundred feet, in the case of a subject property in either the State land use urban or rural districts, of the perimeter boundary of the subject property, and further shall transmit the report to the commission and the council prior to their respective consideration of the change of zone sought by the application. The report shall include: (A) All changes of zone, and amendments thereto, granted to surrounding properties; (B) A description of the status of each condition for any such change of zone that is not yet completed and subject to a time limitation; and the remaining time provided for the performance thereof; and (C) The maximum number of lots into which each surrounding property may be subdivided under its district classification. (d) The commission shall review any application initiated by a property owner or other person for a change of zone and shall forward its recommendation on the application to the council through the mayor for the council’s consideration and action. (1) In reviewing the application, the commission shall hold at least one public hearing and shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also provide notice by publication of the hearing, as provided in this chapter. (2) Within ten days after receiving notice of the date of the public hearing, the applicant shall serve notice of the hearing on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record interests in other properties which the commission may find to be directly affected by the proposed amendment. SUPP. 17 (1-2025) 25-26 ZONING § 25-2-42 (3) Within ninety days after receipt of the application from the director, unless a longer period is agreed to by the applicant, the commission shall transmit the proposed change of zone ordinance together with its recommendations thereon through the mayor to the council. The commission shall recommend approval in whole or in part, with or without modifications, or rejection of such application. In the event that the commission fails to act on the application within the ninety-day period, the application shall be considered an unfavorable recommendation by the commission, and the application shall be transmitted through the mayor to the council with such recommendation. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 3; am 2012, ord 12-90, sec 1; am 2024, ord 24-87, sec 1.)25-2-42