HomeMy WebLinkAboutBIL 127 Draft 03 2022-2024JMt-4 Of
COUNTY OF HAWAI`I
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ORDINANCE NO.
STATE OF HAWAII
BILL NO. 127
(DRAFT 3)
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 Hawaii 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. 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
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, permitting program, or office indicating when the required plans, reports,
studies, or permit 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 zoning designation of the property(s)
affected by the ordinance shall automatically revert to its immediately prior zoning
designation."
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 its approval.
, Hawai`i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 694.11
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