BIL 194 Draft 01 2020-2022 - Laserfiche WebLink

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3 J�ZY OF hiY by'• 'i COUNTY OF RAWAIJ p• + STATE OF A WAIJ �tL••O•F•Nt,JI BILL NO. 194 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 2,DIVISION 4, SECTION 25- 2-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATED TO CONDITIONS ON CHANGE OF ZONE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the HaAai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 25-2-44. Conditions on change of zone. (a) Within any ordinance for a change of zone, the council may impose conditions on the applicant's use of the property subject to the change of zone provided that the council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. (b) [Changes of alteration Requests to change or alter the conditions of any change of zone ordinance shall be processed in the same manner as a zone change, unless the council authorizes the changes or alterations to be made by the director. Unless specifically authorized by the council, extensions of time to satisfy conditions matey not be allowed by the director. Uc) A request for any change or alteration of conditions shall be submitted in writing to the director, in lieu of the application required for an applicant-initiated change of zone. The request shall be accompanied by a filing fee of$250. [(e) Failufe to fulfill aff eanditions of the zone ehejige within the speeified tim-e limitations, of any ex4ensions thereto, may be gfounds f6f the enaetmetA of-an initiation by eithef the dir-eetef of the eatmeil in aeeofdanee with ]