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Home My WebLink AboutORD 2023-038 2022-2024 COUNTY OF HAWAII , 9ft? * 4!1,11 =t STATE OF HAWAII rE BILL NO. 194 (DRAFT 3) ORDINANCE NO. 23 38 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 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) [ . . : : - . ':. : 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) [-:' . - : -. :' ': - - ... ' -;- - :- ' -- 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; THIS WILL VERIFY THAT TWO THIRDS OF THE MEMBERSHIP OF THE HAWAI'I COUN1.'Y COUNCIL VOTED TO OVERRIDE THE MAYOR'S VETO ON BILL 194 DRAFT 3. COUNCIL CHA R (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. When a request for initial time extension is received by the director,the director h the shall recommend approval or denial and submit a notice to council through mayor. In the case of a recommended approval,the director shall also submit a resolution to council through the mayor for consideration and action. 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, excluding requests for initial time extensions via council resolution, shall be accompanied by a filing fee of[ 50.] $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. 2 SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: February 22, 2023 Date of 1st Reading: February 22, 2023 Date of 2nd Reading: March 8, 2023 Effective Date: April,,19, 2023 898.25 REFERENCE Comm. 3 C UNFz_ i E OFFICE OF THE COUNTY CLERK r,0 LI; T ; F A I County of Hawai`i Hilo, Hawai`i 2023 MAR - ; gg "3, 53 i..J d 1 9i� d � �5 3 �' (Draft 3). Introduced By: Dr. Holeka Goro Inaba ROLL CALL VOTE Date Introduced: February 22, 2023 AYES NOES ABS EX First Reading: February 22, 2023 Evans X Published: March 3, 2023 Galimba X Inaba X REMARKS: Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X Second Reading: March 8, 2023 5 3 1 0 To Mayor: March 16, 2023 Returned: March 30, 2023 ROLL CALL VOTE Effective: April 19, 2023 AYES NOES ABS EX Published: N/A Evans X REMARKS: Galimba X Mayor veto on March 30, 2023 Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X 6 3 0 0 • I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. O UNCIL CHAI ERSON Approved/'isappr ved this day of MW-c(1 , 20 COUNTY CLERK .�' 194 (Draft 3) d G Bill No.: MAYOR, COUNTY OFHAWAII. C-898 .25/PCPLUD-2 Reference: Ord No.: OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Introduced By: Dr. Holeka Goro Inaba ROLL CALL VOTE ._ - troduced: AYES ABS EX First Readm:. Evans Published: Gal' i Inaba REMARKS. Kagiwada Kaneali`i-Kleinfelder Kier i-' Kimball Lee Loy Villegas Override Vote: April 19, 2023 To Mayor: N/A Returned: March 30, 2023 ROLL CALL VOTE Effective: April 19, 2023 Published: May 5, 2023 AYES NOES ABS EX Evans X REMARKS: Galimba X Reconsidered and approved on April 19, Inaba X X 2023 . Kagiwada Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy - X Villegas -- - X 6 3 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. -c*P" jNCIL CHAIRPE ON Approved/Disapproved this day of , 20 CO TY CLERK 194 (Draft 3) Bill No.: MAYOR, COUNTY OFHAWAI`I C-898 .25/PCPLUD-2 Reference: Ord No.: 23 38