HomeMy WebLinkAboutCOM 0694.009 2022-2024Dr. Holeka Goro Inaba
Council Menther, District 8, N. Kona
Office: (808) 323-4280
'mail: holeka. inabaohawaiicounly.gov
HAWAI`I COUNTY COUNCIL <- c,-
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Hlest HmvaN Civic Centel, Bldg. A
74-5044 Ane Keohokalole Hivy.
Kailna-Kona, Hawai'i 96740
DATE: August 20, 2024
TO: Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
FROM: Dr. Holeka Goro Inaba, Council Member
Council District 8
SUBJECT: Proposed Amendments to Bill No. 127, Draft 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.
Below are proposed amendments to Bill No. 127, Draft 2. The proposed amendments are shown
in Ramseyer format with respect to the contents of Bill No. 127, Draft 2. Material to be inserted
is underscored.
1. SECTION 1- of Bill No, 127, Draft 2, which amends subsection (a) of section 25-2-44, is
amended 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. The time during which required plans, reports, studies, or relevant permit
applications are under review for approvals by government agencies shall not count
towards the deadline established in the ordinance. To justify this tolling, the
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applicant shall provide evidence of the excluded time period to the planning..department
for its review and approval, which shall consist of dates obtained from a government
agency website,pern-fitting program,or office indicating when the required plans, reports,
studies, or hermit applications were submitted, approved, denied, or returned by the
government agency. If any conditions have not been completed by the deadline, or if a
time extension request has not been submitted in accordance with section 25-2-44(c), the
planning department shall inform the applicant that the ordinance is null and void without
further action by the County. In that event the zon ing.. desi nation of the ro ert s
affected by the ordinance shall automatically revert to its immediately prior zonin
designation."
2. SECTION 2 of Bill No. 127, Draft 2, is amended to read as follows:
"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."
Due to the limited scope of these proposed amendments, a copy of the new draft of this bill that
wield result if these amendments were adopted is not attached.
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