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PD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-002)
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2022-10-20 Leeward
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Item #4 County Council Initiated Bill No. 194 (PL-CCI-2022-000002)
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PD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-002)
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BR-CCInitiated.AmendCh25.9.8.2022 <br />COUNTY OF HAWAI`I PLANNING DEPARTMENT <br />BACKGROUND AND RECOMMENDATION <br />COUNTY COUNCIL INITIATED BILL NO. 194 (PL-CCI-2022-000002) <br />AMENDMENT TO CHAPTER 25, ARTICLE 2, DIVISION 4 OF THE HAWAI`I <br />COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO <br />CONDITIONS ON CHANGE OF ZONE ACTIONS <br />The County Council referred a bill for an ordinance amending Chapter 25, Article 2, <br />Division 4, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to <br />conditions on change of zone actions. The purpose of this amendment is to clarify that the <br />Planning Director may not extend the time allowed to satisfy conditions within a change <br />of zone ordinance unless specifically authorized by the County Council. <br />PURPOSE OF BILL 194 <br />1. The Hawaii County Council has introduced Bill No. 194, (Planning <br />Department Exhibit 1), which seeks to amend Chapter 25 (Zoning Code), <br />Article 2, Division 4, of the Hawaii County Code 1983 (2016 Edition, as <br />amended), relating to conditions on change of zone actions. <br />2. The purpose of this bill is to clarify that the Planning Director may not extend the <br />time allowed to satisfy conditions within a change of zone ordinance unless <br />specifically authorized by the County Council. <br />PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING) <br />3. Bill 194 seeks to amend Article 2. Division 4. of Chapter 25, Conditions on <br />change of zone as follows: <br />■ Section 25-2-44(b): Changes proposed for this section include modifying <br />language to clarify that requests to change or alter conditions of any change of <br />zone ordinance shall be processed in the same manner as a new zone change. <br />Furthermore, new proposed language indicates that unless specifically <br />authorized by the County Council, extensions of time to satisfy conditions of a <br />change of zone ordinance may not be allowed by the Planning Director. <br />■ Section 25-2-44(c): Changes proposed for this section include the deletion of <br />all current language on failure to fulfill change of zone conditions within <br />-I- <br />
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