HomeMy WebLinkAboutBIL 194 Draft 01 2020-2022 3
J�ZY OF hiY
by'• 'i
COUNTY OF RAWAIJ
p• + STATE OF A
WAIJ
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BILL NO. 194 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 2,DIVISION 4, SECTION 25-
2-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),
RELATED TO CONDITIONS ON CHANGE OF ZONE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the HaAai`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 of alteration 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
specifically authorized by the council, extensions of time to satisfy conditions matey
not be allowed by the director.
Uc) 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.
[(e) Failufe to fulfill aff eanditions of the zone ehejige within the speeified tim-e
limitations, of any ex4ensions thereto, may be gfounds f6f the enaetmetA of-an
initiation by eithef the dir-eetef of the eatmeil in aeeofdanee with ]
(d) If the applicant fails to fulfill any conditions of the zone change within the specified
time limitations, the director or council may initiate the process for enactment of an
ordinance reverting the affected property back to its original zoning designation or a
more appropriate zoning; designation in accordance with section 25-2-43."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance-are severable.
SECTION 4. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF IIAWAI`I
Flawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 898
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