Laserfiche WebLink
..M�Y_'os M..... <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> ►ATE of M►..r:. <br /> BILL NO. 127 <br /> ORDINANCE NO. <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 by amending subsection(a) to read as <br /> follows: <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 /> Within any ordinance for a change of zone that includes any such conditions, the <br /> director shall specify the time by which all conditions shall be completed." <br /> SECTION 2. New material is underscored. In printing this ordinance,the underscoring <br /> need not be included. <br /> SECTION 3. Severability. If any provision of this ordinance, or the application thereof <br /> to any person or circumstance, is held invalid, the invalidity does not affect other provisions or <br /> applications of the ordinance that can be given effect without the invalid provision or <br /> application, and to this end the provisions of this ordinance are severable. <br />