COM 0642.003 2012-2014 - Laserfiche WebLink

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• Dwellings, single-family. • Family child care homes. • Group living facilities. • Home occupations,as permitted under section 25-4-13. • Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. • Hotels, when the design and use conform to the character of the area, as approved by the director. • Lodges. • Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. • Schools. The department is concerned about defining permitted uses by simple reference to other zoning districts since it may confuse people attempting to interpret the Zoning Code and what is or is not permitted. If there is a desire to consider a type of use as permitted within a particular zoning district,then the most effective approach is to simply identify that use as specifically permitted within that zoning district,rather than by reference. We cannot support Bill No. 192 for this reason alone. Furthermore, we have concerns regarding Bill No. 192 and its proposed amendment to Section 25-5-138 (c), which states that,"Conflicts regarding CV district uses permitted under section 25-5-132 (b) shall be resolved in favor of the stricter regulations." The potential conflicts in uses are not defined, and it is not clear which"stricter regulations"would be applied to resolve the conflict. However,on a more substantive level,we believe we can find support to allow various types of residential uses and activities that promote the congregation of people within the MCX zoning district. While many industrial types of uses permitted within the limited industrial(ML) zoning district is also permitted within the Industrial-Commercial Mix(MCX)zoning district,it does exclude some of the more noxious types of activities, such as lumber yards,junk yards,and truck and freight terminals. Therefore,the MCX zoning district has excluded those uses generally considered unsafe and hazardous and relegated these uses to the Limited Industrial (ML)and General Industrial (MG)zoning districts. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments(emphasis added). The intent of this district is also to provide for areas for a viable mix of diversified commercial and light industrial businesses and employment opportunities by permitting a broad range of uses. The viability of a mixed use commercial and industrial zone can be supported by an integrated residential component as seen in many areas, such as the revitalized Kaka`ako district on O`ahu. -3-