BIL 024 Draft 01 2024-2026 - Laserfiche WebLink

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SECTION 6. Chapter 25, article 4, division 1, section 25-4-12, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 25-4-12. Telecommunication antennas or towers. (a) A telecommunication antenna or tower shall be permitted in [theme'; GN, GG-, rv� MT MG aria CDHI all zoning districts; provided that the antenna, tower, and its use are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. [^ teleeemmunie tion antenna of tawef may be peffflitted in the RS, RD, > RCX, , existing teleeammunieation tower-, eo leeation of additional antenna a equipment will be pefmit4ed provided the difectof has issued plan appfeval sueh use.] Co -location of antennas upon an existing privately owned tower and expansion of related support equipment within the project site is permitted provided the director issued plan approval for the existing; tower. The ground lease areas of co -locating carriers must be adjacent to the existing ground lease area and not located within the open yard setback areas, and the co -location must not result in a `substantial change', as defined by the Federal Communication Commission. Co -location that results in a `substantial change' to the tower height or ground lease area, as defined by the Federal Communication Commission, requires issuance of a new plan approval. [(b) The minimum setbacks for a telecommunieation antenna and tower are as fellows: line a minimum f one feet far- ever-y five root of antenna of t,,wef height. e foot f antenna r tower- heig A.] (b) Telecommunication facilities developed by government agencies primarily to protect public health, safety, and welfare, including but not limited to facilities for police, fire, ambulance, and other emergency dispatch services, shall be exempt from the telecommunication antenna and tower requirements provided in this chapter. (c) The minimum lot size requirements for telecommunication towers are as follows: (1) The minimum lot size for the placement of any telecommunication tower within the A, FA, IA and O zoning districts shall be five acres. (2) The minimum lot size for the placement of any telecommunication tower within a RS, RD, RM and RA zoning districts shall be one acre. (3) No minimum lot size shall be required for the placement of telecommunication towers within the V CN CG CV MCX ML MG and CDH zoning districts. The minimum lot size may be reduced, upon finding that the issuance of a variance by the director will not result in adverse impacts, including but not limited to noise, light, glare, visual, drainage, or other detrimental effects to adjacent properties.