HomeMy WebLinkAboutCOM 0898.020 2020-2022 I
Dr. Lloleka Goro Inabac,°� or
el O,ff ce.' (808) 323-4280
Council Member, District 8,N. Dona `° Email:holeka.inaba@hawaiicounty.gov
oF°N+`
HAWAII COUNTY COUNCIL
County of Hawai`i
West Hawai`i Civic Center, Bldg.A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i 96740 -
DATE: January 18, 2023
TO: Heather L. Kimball, Chairperson
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 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.
Comm. No Ms
k4.To:; CJ
Hawai`i County Is an Equal Opportunity Provider and Employer Ref. Date 4 2023
i
i
(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 council authorizes the
changes or alterations to be made by the director. [Unless speei fieal y .,,,*i efiz a
by the eauneil, extensions of time to satisfy eanditions may not be allowed4)y4he
direc-#ef.]
(c) A condition granting an administrative time extension by the director shall not be
included in any change of zone ordinance. However, an initial time extension for
the performance of conditions within a change of zone ordinance mai be granted by
the council via resolution upon a finding that the following circumstances exist:
(1) The non-performance is the result of conditions that could not have been a
foreseen or are beyond the control of the applicant and that are not the result of
the applicant's fault or negligence;
(2) Granting of the time extension would not be contrary to the general plan or this
chapter;
(3) Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone;
(4) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
year may be extended for W to one additional year); and
(5) The request for the time extension is submitted to the director prior to the
expiration of time for the performance of conditions included in the original
change of zone ordinance.
If an applicant should require an additional time extension beyond the time
extension provided via council resolution the request shall be processed pursuant to
section 25-2-42.
A request for any time extension, 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. Requests for initial time extensions shall be
forwarded to the council for its consideration. [-Tihere"esT] All requests shall be
accompanied by a filing fee of[$2-50-.] $500.
[(d)]U 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.'"'
A draft copy of this bill that would result if this proposed amendment is adopted, is attached for
ease of reference.
Thank you.
HGI/wpb
2
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 Hawaii County
i
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 j
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. 3
(b) [C angel of alto facie s of] 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.
I
(G) [
limitations, of any exteftsiaiis thefete, may be grounds fef the enaetment of
a !
initiation by either-the difeeter-of the eouneil in aeeer-da-ffee with seetion 25 2 43.
I
A condition granting an administrative time extension by the director shall not be
included in any change of zone ordinance. however, an initial time extension for
the performance of conditions within a change of zone ordinance may be granted by
the council via resolution upon a finding that the following circumstances exist:
(1) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant and that are not the result of
the applicant's fault or negligence;
(2) Granting of the time extension would not be contrary to thee� neral plan or this
chapter;
(3) Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone,
(4) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
year may be extended for up to one additional year)• and
i
3
:
i
33i
I
I
I
i
(5) The request for the time extension is submitted to the director prior to the
expiration of time for the performance of conditions included in the original
change of zone ordinance.
If an applicant should require an additional time extension beyond the time
extension provided via council resolution,the request shall be processed pursuant to
section 25-2-42.
I
O A request for any time extension, 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. Requests for initial time extensions shall be
forwarded to the council for its consideration. The FeVest] All requests shall be
accompanied by a filing fee of[$2-58-.] $500.
'i
(e) 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.
4