HomeMy WebLinkAboutCOM 0898.013 2020-2022 qY OF¢t
Dr. oteka oro Inaba v°J '' ,�+ Office: (808) 323-4280
Council Member, District 8, N. Kona �' Email:holeka.inaba@hawaiicounty.gov
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IIAWAI`I COUNTY COUNCIL
County of Hawai`i
West Hawai`i Civic Center, Bldg. A „
74-5044 Ane Keohokalole Hwy. Y'"t
Kailua-Kona, Hawai'i 96740
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DATE: January 4, 2023
TO: Heather L. Kimball, Council Chair
and Members of the Hawaii County Council
FROM: Dr. Holeka Goro Inaba, Council Member
Council District 8
SUBJECT: Proposed Amendment to Bill No. 194; 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.
Attached please find a proposed amendment to Bill No. 194. The proposed amendment is
illustrated below in Ramseyer format with respect to the contents of Bill No. 194; material to be
deleted is bracketed and stricken, and material to be added is underscored.
SECTION 1 of Bill No. 194 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.
Comm. No,
Ref.To:
Hawaii County Is an Equal Opportunity Provider and Employer Ref' (Date 2023
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(b) 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 ,.,,". ei a,at or-izes the
ehanges of altefations to be made by the difeetef. Unless speeifieally authefized byI
dire ]. A condition granting an administrative extension of time by the director
shall not be included in an change of zone ordinance.
(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.
(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."
Due to the limited scope of this amendment, a draft copy of this bill, that would result if this
proposed amendment is adopted, is not attached.
Thank you.
HGI/wpb
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