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COUNTY OF HAWAII <br />ORDINANCE NO. <br />STATE OF HAWAII <br />BILL NO. 170 <br />AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAWAII <br />COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLAR <br />ENERGY FACILITIES. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Purpose. During the 2008 State Legislative Session, the legislature <br />adopted Act 31. The purpose of this Act is to allow a solar energy facility as a permitted <br />use within the State Land Use Agricultural District on land with soil classified by the <br />land study bureau's detailed land classification as overall (master) productivity rating of <br />class "D" (Poor) or "E" (Very Poor). The legislature finds that allowing solar energy <br />facilities to be built on marginal agricultural lands may have more beneficial effects for <br />Hawai`i's economy, environment, and energy security than having such lands unused. <br />Therefore, the purpose of this bill is to amend the zoning code by permitting solar energy <br />facilities within the County's Agricultural District on class D or E lands. <br />SECTION 2. Chapter 25, article 5, division 7, section 25-5-72(a) of the Hawaii <br />County Code 1983 (2005 Edition, as amended), is amended to read as follows: <br />"(a) The following uses shall be permitted in the A district: <br />(1) Agricultural parks. <br />(2) Agricultural products processing, major and minor. <br />(3) Agricultural tourism as permitted under section 25-4-15. <br />(4) Animal hospitals. <br />(5) Aquaculture. <br />(6) Botanical gardens, nurseries and greenhouses, seed farms, plant <br />experimental stations, arboretums, floriculture, and similar uses <br />dealing with the growing of plants. <br />(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, <br />and other similar open area recreational facilities, where none of <br />the recreational features are entirely enclosed in a building. <br />(8) Cemeteries and mausoleums, as permitted under chapter 6, article <br />1 of this Code. <br />(9) Crop production. <br />(10) Dwelling, single-family, as permitted under chapter 205, Hawaii <br />Revised Statutes and as permitted under section 25-5-77(b). <br />