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COUNTY OF HAWAII , 9ft? <br /> * 4!1,11 =t STATE OF HAWAII <br /> rE <br /> BILL NO. 194 <br /> (DRAFT 3) <br /> ORDINANCE NO. 23 38 <br /> AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25- <br /> 2-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), <br /> RELATED TO CONDITIONS ON CHANGE OF ZONE. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the Hawai`i County <br /> Code 1983 (2016 Edition, as amended), is amended to read as follows: <br /> "Section 25-2-44. Conditions on change of zone. <br /> (a) Within any ordinance for a change of zone,the council may impose conditions on <br /> the applicant's use of the property subject to the change of zone provided that the <br /> council finds that the conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public <br /> health, safety and welfare; or <br /> (2) Reasonably conceived to fulfill needs directly emanating from the land use <br /> proposed,with respect to:. <br /> (A) Protection of the public from the potentially deleterious effects of the <br /> proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. <br /> (b) [ . . : : - . ':. : Requests to change or alter the conditions of any change <br /> of zone ordinance shall be processed in the same manner as a zone change, unless <br /> the council authorizes the changes or alterations to be made by the director. <br /> (c) [-:' . - : -. :' ': - - ... ' -;- - :- ' -- <br /> ordinance making further zone changes or for rezoning the affected property back <br /> to its original zoning designation or a more appropriate zoning designation, upon <br /> initiation by either the director or the council in accordance with section 25 2-43.] <br /> A condition granting an administrative time extension by the director shall not be <br /> included in any change of zone ordinance. However, an initial time extension for <br /> the performance of conditions within a change of zone ordinance may be granted by <br /> the council via resolution upon a finding that the following circumstances exist: <br /> (1) The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicant and that are not the result of <br /> the applicant's fault or negligence; <br /> THIS WILL VERIFY THAT TWO THIRDS OF THE MEMBERSHIP OF THE HAWAI'I COUN1.'Y COUNCIL <br /> VOTED TO OVERRIDE THE MAYOR'S VETO ON BILL 194 DRAFT 3. <br /> COUNCIL CHA R <br />