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COUNTY OF HAWAII STATE OF HAWAII <br />BILL NO. 157 <br />ORDINANCE NO. <br />AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAUI COUNTY <br />CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL <br />ESTABLISHMENTS. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAUI: <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, [m] veterinary clinics and <br />hospitals or "superstores" as defined in this section, as superstores shall not be <br />permitted in anv zoning district in the County of Hawai'i." <br />