COM 0898.020 2020-2022 - Laserfiche WebLink

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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 Hawaii County i 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 j 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. 3 (b) [C angel of alto facie s of] 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. I (G) [ limitations, of any exteftsiaiis thefete, may be grounds fef the enaetment of a ! initiation by either-the difeeter-of the eouneil in aeeer-da-ffee with seetion 25 2 43. I A condition granting an administrative time extension by the director shall not be included in any change of zone ordinance. however, an initial time extension for the performance of conditions within a change of zone ordinance may be granted by the council via resolution upon a finding that the following circumstances exist: (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant and that are not the result of the applicant's fault or negligence; (2) Granting of the time extension would not be contrary to thee� neral plan or this chapter; (3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone, (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year)• and i 3 : i 33i I I I