HomeMy WebLinkAboutBIL 127 Draft 02 2022-2024
AN 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 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[,]; 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: