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~tv wx~ <br /> <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> .~},.Or.N1'~ <br /> °s <br /> BILL NO. <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII COUNTY <br /> CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL <br /> ESTABLISHMENTS <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Purpose. The purpose of this ordinance is to preserve and protect the <br /> quality of life, natural beauty, and rural character of our unique island community from adverse <br /> impacts caused by large "superstores" that were not envisioned or considered under current <br /> provisions of the Hawaii County Zoning Code. The establishment of limits on retail use - <br /> through the restriction on operation, renovation, or expansion of retail establishments that may be <br /> or become a "superstore" -protects Hawaii County residents from the type of adverse impacts, <br /> such as traffic congestion, overburdening of existing infrastructure, deterioration of fragile <br /> ecosystems, and decimation of small businesses, that have been occurring in the mainland United <br /> States. This ordinance is not intended to preclude any particular retailer, company, end-user, or <br /> tenant from doing business in the County of Hawaii, but rather is intended to regulate land use <br /> and environmental protection through the preclusion of "superstore" uses in the County of <br /> Hawaii by any and all retailers, companies, end-users and tenants. <br /> SECTION 2. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005 <br /> Edition, as amended), is amended by amending the definition for "Retail establishment" to read as <br /> follows: <br /> ""Retail establishment" means an establishment which sells commodities <br /> or goods to the consumer and may include display rooms and incidental <br /> manufacturing of goods for retail sale on premises only. Typical retail <br /> establishments include convenience stores, grocery and specialty food stores, <br /> general department stores, drug and pharmaceutical stores, hardware stores, pet <br /> shops, appliance and apparel stores, tour, travel and ticket agencies and other <br /> similar retail activities. The term does not include open storage yards for new or <br /> used building materials, yards for scrap, salvage operations for storage or display <br /> of automobile parts, service stations, repair garages, [er] veterinary clinics and <br /> hospitals or "superstores" as defined in this section, as superstores shall not be <br /> permitted in any zonine district in the County of Hawai`i." <br /> EXHIBIT A <br /> <br />