BIL 096 Draft 01 2012-2014 - Laserfiche WebLink

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J�SV Os kq COUNTY OF HAWAII STATE OF HAWAII art oF•N�r► BILL NO. 96 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 4, AND ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FARMERS MARKETS AS PERMITTED USES IN CERTAIN ZONING DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and purpose. Section 205-6 of the Hawaii Revised Statutes provides in part that a county planning commission may issue a special permit to allow "certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified." The Council finds that removing the requirement to obtain a special permit to operate a farmers market in certain zoning districts supports and encourages the sale and consumption of locally grown produce. The purpose of this ordinance is to allow for the operation of farmers markets as a permitted use in residential, residential -commercial mixed use, and agricultural zoning districts, provided that use will occur on the homeowners or tenants association property that is established and maintained by the homeowners or tenants association and located within a private subdivision. This ordinance is not meant to supersede existing codes, covenants or restrictions included in the by-laws of any homeowners or tenants associations. SECTION 2. Chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) by adding the following definition to be appropriately designated and to read as follows: ""Homeowners association" or "tenants association" means an organization that consists of all lot owners in a certain development that enforces covenants and which owns and maintains certain green areas, common spaces community buildings and facilities that primarily serve the community as a whole rather than the Drivate interests of its members."