2022-10-11 PROPOSED AMENDMENTS TO BILL NO. 194 BY COUNCILMEMBER HOLEKA INABA

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�,MYY Oi N,�9 COUNTY OF HAWAI`I • STATE OF HAWAI`I YT\Oi_�N i� BILL NO. ORDINANCE NO. 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 Hawaii 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 or alterations o Requests to change or alter the conditions of any change of zone ordinance shall be processed in the same manner as a zone changes the council authorizes the ..L..,nges .. alterations to be made by tL.o director. _Hle_ss Commented [BW1]: spike code language. �t hv, ,.11emve l l ., t' rot �.nguage granting extensions of time by the , - commented [BW2]: spike our insertion Planning Director shall not be included in any change of zone ordinance.) _ _ commented [BW3]: Add sentence. The right to an administrative time extension shall not be approved by the Council after the effective date of this ordinance. The right to an administrative time extension approved before the effective date of this ordinance are still valid. _ , - commented [BW4]: Add paragraph. (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.