HomeMy WebLinkAboutBIL 194 Draft 02 2020-2022AN 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 or alterations 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.
(c) [Failure to fulfill any conditions of the zone change within the specified time limitations, or any extensions thereto, may be grounds for the enactment of an ordinance making
further zone changes or for rezoning the affected property back to its original zoning designation or a more appropriate zoning designation, upon initiation by either the director or
the council in accordance with section 25-2-43.]
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 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
up 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.
(d) 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 request] All requests shall be accompanied by a filing fee of [$250.]
$500.
(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.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: