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<br /> Mj) or <br /> {ich.~el J. M3tsuk~..a <br /> _ Coryoratwn Counwl <br /> + <br /> Steven Christensen <br /> . Anuw~m Corpcianon Cnunxl <br /> ° Office of the Corporation Counsel <br /> f- <br /> Hilo t~goon Centre • 101 Aupunl Street, Suite 325 • Hilo, Hiwau 96720 (606) 961.6251 <br /> FIIE COPY <br /> May 7, 1991 CPV CHIEF <br /> ACC <br /> CC <br /> Councilman Takashi Domingo - <br /> Chairman, Committee on Planning <br /> County Council <br /> County of Hawaii <br /> Hilo, Hawaii <br /> Re: Review of Re-Zoning Ordinances <br /> Ordinance 341, as amended by Ordinance <br /> 85-18 (Pheasant Ridge) <br /> Dear Councilman Domingo: <br /> <br /> In response to your personal request on the council's <br /> authority, I am replying specifically to your question of <br /> whether the council may add further conditions to the <br /> provisions of the above-noted ordinance at this time. The <br /> county council may enact any legislation it desires in the <br /> area of land use under Section 46-1.5 (13), HRS and Section <br /> 46-4, HRS. <br /> Zoning and other land use regulation must be reasonable <br /> and must advance a legitimate public purpose. Section 25-18 <br /> of the county code not only allows the amendment of the use <br /> but also allows "changing any other provision" of the zoning <br /> code when public convenience or public welfare requires such <br /> additional changes. Section 25-20 of the county code also <br /> allows the imposition of "conditions which would further" <br /> the purposes of the zoning code and the general plan and <br /> other related ordinances of the county. <br /> It is common to find exactions being demanded of the <br /> landowner as conditions necessary for the public welfare. <br /> Such demands are imposed for various reasons - to supplement <br /> public resources, to mitigate the effect of the proposed new <br /> use, to correct or to update a prior decision, to reinforce <br /> existing regulations or to help "plug a loophole" or to <br /> prevent an abuse of the existing code. <br /> Whether the condition is set forth on a particular <br /> parcel (as is the case where a landowner seeks a change of <br /> zone) or is set forth in a general amendment affecting all <br /> land in designated areas (as in the case where the county <br /> seeks a change of zone), the county must still operate <br /> within constitutional limits - is a legitimate state <br />