How to change zoning rules or boundaries

Amendments. This Chapter may be amended by changing the boundaries of districts or by changing the text whenever the public necessity and convenience and the general welfare require an amendment.Initiation. The amendment may be initiated by the verified petition of one or more owners of property affected by the proposed amendment, which petition shall be on a form prescribed by and filed with the Planning Commission and shall be accompanied by a processing fee of $150 and the cost of publication of notices for the public hearings before the Planning Commission and the County Council.For the purpose of complying with this Section a property owner is to include the holder of a lease interest the expiration of which will occur more than five years after the date of filing the petition.The petition shall contain or be accompanied by the following:A statement of the nature of the petitioner's interest;A draft of the substance of the proposed amendment;A specific statement of the reasons for granting the proposed change, and if requested by the Planning Director, supported by a written documented analysis of the district involved using all the pertinent elements upon which the Zoning is based;A map, drawn to scale, describing the property and showing its location in relation to surrounding properties and to known landmarks or improvements.Processing fees for amendments shall be exempted as follows:An amendment initiated for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in Subsection (b), provided such projects conform to applicable provisions of the County's affordable housing program.An amendment initiated for a housing project or portions of housing projects that are developed to be affordable to gap-group households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from 1/2 of the filing and processing fee required in Subsection (b), provided such projects conform to applicable provisions of the County's affordable housing program.No exemptions shall be afforded for such housing projects from any fees or costs arising from compliance with Subsection (c)(3) of this Section.Public Hearings. The Planning Commission shall hold at least one public hearing on any proposed amendment.Except for amendments relating to necessary governmental public utility developments and District Boundary change applications pending before the State Land Use Commission on or prior to July 3, 1973, all proposed amendments shall be considered for public hearing only during four months per calendar year.Public hearings shall be conducted by the Planning Commission only during the months of January, April, July and October. At any public hearing, any number of petitions may be heard provided that each petition is heard separately.Petitions and resolutions received in an acceptable form by the Planning Commission not later than 60 days prior to the public hearing date shall be considered by the Planning Commission and Council for review and action.At least 15 days prior to the public hearing, the Planning Commission shall give notice thereof to the petitioner and also by publishing at least once in a newspaper of general circulation published in the County the time, date and place of the public hearing, its purpose and a description of any property which may be involved.In the case of a petition for the amendment of district boundaries, the petitioner, at least 12 days prior to the scheduled date of such hearing, shall either hand deliver written notice to persons listed on the current Notice of Property Assessment Card File located at the Real Property Division of the Department of Finance of the County of Kaua'i, or mail, by certified mail, written notice to the addresses shown on such Notice of Property Assessment Cards, for at least 85% of all parcels of real property within 300 feet from the nearest point of the premises involved in the application to the nearest point of the affected property. For the purposes of this paragraph, notice to one co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. For each condominium project within the affected area, one notice of the hearing shall be sent addressed "To the Residents, Care of the Manager," followed by the name and address of the condominium involved. The notice shall include the following information and shall be in form approved by the Planning Director:Date;Time;Location;Purpose;Description or sketch of property involved; andExplanation of amendment process with emphasis on forthcoming Council action.At least seven days prior to the public hearing date, the petitioner shall file with the Planning Commission an affidavit as to the mailing or delivery of such notice and a list of persons to which such notices were sent.Should the petitioner fail to submit the affidavit within the time required, the public hearing shall be postponed and the Planning Commission shall reschedule another public hearing within 60 days of the postponed hearing. The petitioner shall be required to pay for the republication costs and shall follow the notice requirements of this paragraph in the re-notification of affected persons.Where the zoning amendments are initiated by the Planning Commission or the Council, the public hearing notice requirements of Subsection (c) shall apply, except that in the consideration of community development plans and updates, the requirements of Subsection (b) shall apply.Consideration. In considering an amendment, the Planning Commission shall consider the purposes of the existing and proposed changes to the Zoning Ordinance. A change in the Zoning Map or text shall not be made unless the change will further the public necessity and convenience and the general welfare.Report Filed with Council. After the conclusion of the public hearing, the Planning Commission shall approve, approve with modifications or disapprove any proposed amendment and shall file a report with the Council and the petitioner of its findings and action taken. The report shall be filed within 90 days after the public hearing, or within a longer period as may be agreed upon between the Planning Commission and the initiator of the action.Failure by the Planning Commission to report within the 90 day period specified in this Section or within a period as may be agreed upon shall be an approval of the proposed amendment by the Planning Commission and shall be reported to the Council by the Planning Director.Approval or Denial of Proposal. In the event that the Planning Commission approves the proposal, the Council shall act on the proposal as indicated in this Article. However, in the event the Planning Commission denies the proposal, its decision is final except that the petitioners may appeal to the County Council by filing a written notice of appeal within 15 days after service of the Planning Commission decision, in which case the Council shall hear the matter in the same manner as provided for consideration by the Planning Commission. For the purpose of this Section, service shall mean delivery of a copy of the decision to the petitioner or the petitioner's representative, by hand delivery, mail, facsimile or electronic mail. Service by mail is complete upon mailing. Service by facsimile transmission is complete upon confirmation that service was accomplished by facsimile transmission to a specific phone number, on a specific date, at a specific time. Service by electronic mail is complete upon confirmation that service was accomplished by electronic mail to a specific electronic mail address, on a specific date, at a specific time.Within 45 days of receipt of the report for approval, the Council shall place the matter on its agenda for first reading and schedule a public hearing within 30 days of the first reading. Within 90 days of the close of the public hearing, the Council may affirm, reverse or modify the Planning Commission's decision and may adopt the proposed amendment or any part thereof by a majority vote of the Council in a form as the Council deems advisable. In the event the Council's decision cannot be made within 90 days of the close of the hearing, the Council, with approval of the Applicant may extend the time frame required for Council action.Within 45 days of receipt of the appeal, the Council shall set the matter for public hearing and shall give notice thereof to the petitioner and also by one publication in a newspaper of general circulation published within the County at least 15 days prior to a public hearing. Within 90 days of the close of the public hearing, the Council may affirm, reverse or modify the Planning Commission's decision and may adopt the proposed amendment or any part thereof by a majority vote of the Council in a form as the Council deems advisable.Enactment by Ordinance. Enactment of the amendment shall be by ordinance.Withdrawal. With the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of the initiator. The Council or the Planning Commission, as the case may be, may, by motion abandon any proceedings for an amendment initiated by its own resolution of intention.The withdrawal or abandonment may be made only when the proceedings are before the body for consideration, and provided that any public hearing of which public notice has been given shall be held.Denial. When an amendment initiated by petition is denied by the Planning Commission and no appeal is taken, or is denied by the Council, the amendment or a substantially similar amendment may not be initiated by petition sooner than one year following the denial.Initiation by Council or Planning Commission. Nothing contained in this Chapter shall prohibit the Planning Commission or the Council from initiating zoning changes where the general public interest and welfare are involved. When the amendment is initiated by the Planning Commission or the Council, the public hearing on the amendment may be held at any time.