The General Plan Ordinance or the General Plan of the County of Kaua'i may be amended by ordinance, in accordance with the Charter. An amendment may change provisions of this ordinance; text provisions or map designations of the General Plan document; or any of these in combination.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000; Ord. No. 950, July 17, 2013)
(a) 
An amendment may be initiated by the Planning Director, by the Planning Commission, or by the Council.
(b) 
An amendment may be initiated by the verified petition of an owner or a person fully authorized by the owner of property affected by the proposed amendment.
(1) 
The petition shall be of such form and include such information and exhibits as may be prescribed by the Planning Director. The petition shall be filed with the Planning Department, accompanied by a filing fee of $600.
(2) 
Within 15 working days of a filing, the Planning Director shall accept or reject the petition for amendment, based on compliance with amendment application requirements. The petitioner shall be notified in writing of the acceptance decision.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000; Ord. No. 950, July 17, 2013)
The Planning Commission shall hold at least one public hearing on any proposed amendment.
(a) 
Except for amendments relating to government or public utility developments and amendments initiated by the Council or Planning Commission, proposed amendments shall be considered for public hearings twice a year.
(1) 
The Planning Commission shall conduct public hearings on proposed General Plan amendments only during the months of January and July. At any public hearing, any number of petitions may be heard provided that each petition is heard separately. In the event the proposed amendments cannot all be heard in those months, the Planning Commission shall continue the hearing period to the following month or months.
(2) 
Petitions and resolutions accepted by the Planning Commission not later than 60 days prior to the review months of January and July shall be considered by the Planning Commission and Council for review and action.
(b) 
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 such hearing, its purpose and a description of any property which may be involved.
(c) 
In the case of a petition for amendment of the General Plan Land Use Map, 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 Subsection, 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 a form approved by the Planning Director:
(1) 
Date;
(2) 
Time;
(3) 
Location;
(4) 
Purpose;
(5) 
Description or sketch of property involved; and
(6) 
Explanation of the amendment process with emphasis on forthcoming Council action.
At least seven days prior to the 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 whom 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 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 Subsection in the renotification of all persons previously notified.
(d) 
Where specific General Plan amendments are initiated by the Planning Commission or the Council, the public hearing notice requirements of Subsection (c) of this Section shall apply, except that, in the consideration of General Plan Updates, the requirements of Subsection (b) of this Section shall apply.
(e) 
The Planning Department shall mail a copy of the resolution or petition initiating the change together with other relevant information and a request for comments, to community associations and other civic organizations that have filed written requests with the Planning Department.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000)
In considering an amendment that proposes to change the General Plan Ordinance or the text or maps of the General Plan, the Planning Commission shall consider the purpose and probable outcomes of the proposed amendment in relation to the various provisions of the General Plan. In order to recommend adoption of an amendment to the General Plan, the Planning Commission must find that the amendment is consistent with other elements of the General Plan and that it advances the health, safety and general welfare of the people of Kaua'i.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000)
(a) 
After the conclusion of the public hearing the Planning Commission shall recommend approval, approval with modifications, or denial of a proposed amendment and shall submit a report of its findings and recommendation to the Council.
(b) 
Such report shall be submitted within 90 days after the public hearing, or within such longer period as may be agreed upon by the Planning Commission and the initiator of the proposed amendment.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000)
(a) 
Within 75 days after receipt (time stamp) of the Planning Commission report, the Council shall hold a public hearing and shall give notice thereof by one publication in a newspaper of general circulation published within the County at least 15 days prior to such hearing. After conclusion of the hearing, the Council may adopt the proposed amendment or any part thereof by a majority vote of the Council in such form as said Council deems advisable. A proposed amendment that does not receive affirmative action by a majority of the Council shall be deemed denied.
(b) 
When an amendment initiated by petition is denied, the same or a substantially similar amendment may not be initiated by petition sooner than one year following such denial.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000)
(a) 
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 or intention.
(b) 
Such withdrawal or abandonment may be made only when such proceedings are before such body for consideration.
(Ord. No. 461, June 21, 1984; Ord. No. 753, November 30, 2000)
(a) 
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 fee designated in Sec. 7-3.2(b)(1), provided such projects conform to applicable provisions of the County's affordable housing program.
(b) 
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 one-half of the filing fee designated in Sec. 7-3.2(b)(1), provided such projects conform to applicable provisions of the County's affordable housing program.
(c) 
No exemptions shall be afforded for such housing projects from any fees or costs arising from compliance with Sec. 7-3.3(c) of this Article.
(Ord. No. 950, July 17, 2013)