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i <br /> v�sY^of <br /> COUNTY OF c &; ;. STATE OF c I <br /> i <br /> 6 pf N' i <br /> i <br /> BILL 194 <br /> ORD {DRAB' 3} <br /> INANCE . <br /> i <br /> AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25- <br /> 2-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), <br /> RELATED TO CONDITIONS ON CHANGE OF ZONE. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the Hawaii County <br /> Code 1983 (2016 Edition, as amended), is amended to read as follows: <br /> "Section 25-2-44. Conditions on change of zone. <br /> (a) Within any ordinance for a change of zone,the council may impose conditions on <br /> the applicant's use of the property subject to the change of zone provided that the <br /> council finds that the conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public <br /> health, safety and welfare; or <br /> (2) Reasonably conceived to fulfill needs directly emanating from the land use <br /> proposed, with respect to: <br /> (A) Protection of the public from the potentially deleterious effects of the <br /> proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. <br /> (b) [Changes ^r-afte aliens of] Requests to change or alter the conditions of any change <br /> of zone ordinance shall be processed in the same manner as a zone change, unless <br /> the council authorizes the changes or alterations to be made by the director. <br /> (c) [Failure <br /> litnitafieiis, or-any ex4ensions thereto, may be gr-aunds for-the enactment ofto its original zoning designatien ef a ffiefe appropriate zoning designation, "on <br /> ] <br /> A condition granting an administrative time extension by the director shall not be <br /> included in any change of zone ordinance. However, an initial time extension for <br /> the performance of conditions within a change of zone ordinance may be granted by <br /> the council via resolution upon a finding that the following circumstances exist: <br /> (1) The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicant and that are not the result of <br /> the applicant's fault or negligence; <br />