HomeMy WebLinkAboutBIL 127 Draft 02 2022-2024 •4OJM`y OF•����!�.
COUNTY OF HAWAI`I STATE OF HAWAI`I
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BILL NO. 127
(DRAFT 2)
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 Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(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[;]i or
(B) Fulfillment of the need for public service demands created by the
proposed use.
Within any ordinance for a change of zone that includes any such conditions, except
for ordinances reverting zoning to a previous zoning district designation or to an open
zoning designation, the director shall specify the time by which all conditions shall be
completed."
SECTION 2. New material is underscored. In printing this ordinance, the 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED B :
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading: •
Effective Date:
REFERENCE Comm. 694.8
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