PD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-002)

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wyrJer �� COUNTY OF HAWAI`I .. �,. ORDINANCE NO. STATE OF HAWAII BILL NO. 194 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25- 2-44, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATED TO CONDITIONS ON CHANGE OF ZONE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the HaWai`i County 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 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. (b) [Changes o-- a tem4ion e4l 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. Unless W-e-cifically authorized by the council extensions of time to satisfy conditions may not be allowed by the director. (_c,) A request for any change or alteration of conditions shall be submitted in writing to the director, in lieu of the application required for an applicant -initiated change of zone. The request shall be accompanied by a filing fee of $250.