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M<Y os y <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> os~MiP <br /> BILL NO. 31s <br /> ORDINANCE NO. <br /> <br /> AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, <br /> <br /> HAWAII COUNTY CODE 1983 (2005 EDITION) RELATING TO CONDITIONS ON <br /> CHANGE OF ZONE. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII <br /> SECTION 1. The County administers and enforces various regulations to control land <br /> use, including the subdivision code and zoning code. These regulations specify what developers <br /> can and cannot do in the interest of the public's health, safety, or welfaze. The County Council <br /> finds that changes of zone proposed in a particular area should be assessed considering a number <br /> of factors, including how much public infrastructure is challenged by recent or anticipated <br /> growth in the area. The County Council finds that conditions of approval should require that <br /> <br /> water supply improvements or strategies as specified by the depaztment of water supply to <br /> <br /> accommodate the impacts of development, as well as transportation improvements or strategies <br /> <br /> to accommodate the impacts of development on state- or county-owned transportation facilities, <br /> <br /> be made concurrent with development associated with any change of zone in order to manage <br /> growth and coordinate the delivery of government services in the County. <br /> SECTION 2. Chapter 25, article 2, division 4, section 25-2-44, Hawaii County Code <br /> 1983 (2005 edition), is amended by adding new subsections to read as follows: <br /> "Section 25-2-44. Conditions on chance of zone. <br /> (a) Within any ordinance for a change of zone, the council may impose conditions on the <br /> applicant's use of the property subject to the change of zone provided that the council <br /> finds that the conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public health, <br /> 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 proposed <br /> use. <br /> (b) Changes or alterations of conditions of any change of zone ordinance shall be <br /> processed in the same manner as a zone change, unless the council authorizes the <br /> changes or alterations to be made by the director. A request for any change or <br /> alteration of conditions shall be submitted in writing to the director, in lieu of the <br /> application required for an applicant-initiated change of zone. The request shall be <br /> accompanied by a filing fee of $250. <br /> <br />