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HomeMy WebLinkAboutORD 2020-094 2018-2020 J,itY os p ' 4• n �,ilii�, ,' : COUNTY OF HAWAII • `'=�=',14 *- STATE OF HAWAII ...,6.41.11-..0,-.--- BILL NO. 199 ORDINANCE NO. 20 94 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PRIMARY AIRPORTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to provide a definition of a Primary Airport and identify accessory uses, and to add the use of a Primary Airport to the Limited Industrial (ML) zoning district and the General Industrial (MG) zoning district. SECTION 2. Chapter 25, article 1, section 25-1-5 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (b)by adding a definition for "primary airport"to be appropriately designated and to read as follows: ""Primary airport" means a publicly owned airport that has more than 10,000 passenger boardings each calendar year, as defined by the Federal Aviation Administration (FAA). Standard accessory uses for Primary Airports include, but are not limited to, retail establishments for shopping including duty-free shops, dining establishments that may be consolidated in food courts, automobile rentals, service businesses, offices, conference centers and hotels. The accessory uses must be located on publicly owned lands and support airport operations." SECTION 3. Chapter 25, article 5, division 14, section 25-5-142 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Amusement and recreation facilities, indoor. (4) Animal hospitals. (5) Animal quarantine stations. (6) Aquaculture activities. (7) Automobile and truck storage facilities. (8) Automobile and truck sales and rentals. (9) Automobile service stations. (10) Bakeries. (11) Bars. (12) Broadcasting stations. (13) Car washing. (14) Carpentry, hardwood products and furniture manufacturing and storage establishments. (15) Catering establishments. (16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (17) Churches, temples and synagogues. (18) Cleaning and dyeing plants. (19) Commercial parking lots and garages. (20) Community buildings, as permitted under section 25-4-11. (21) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (22) Crematoriums, funeral homes, funeral services, and mortuaries. (23) Day care centers. (24) Financial institutions. (25) Food manufacturing and processing facilities. (26) Greenhouses, plant nurseries. (27) Heavy equipment sales, service and rental. (28) Home improvement centers. (29) Junkyards, provided that the building site is not less than one acre in area. (30) Laboratories, medical and research. (31) Laundries. (32) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (33) Manufacturing, processing and packaging establishments, light. (34) Motion picture and television production studios. (35) Photographic processing. (36) Plumbing, electrical, air conditioning and heating establishments. (37) Primary airports, provided that plan approval is secured from the director. [(37)](38) Public uses and structures, as permitted under section 25-4-11. [(x}](39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(39)](401 Recycling centers, which do not involve the processing of recyclable materials. [(49}](41) Repair establishments, minor. [(44-}](42) Restaurants. [(423](43) Self storage facilities. [(43](44) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. [(44)](45) Telecommunication antennas, as permitted under section 25-4-12. [(453](46) Temporary real estate offices, as permitted under section 25-4-8. [(40](47) Transportation and tour terminals. [(473](48) Truck, freight and draying terminals. [(18)](49) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. [(494](50) Utility substations, as permitted under section 25-4-11. [(.)](51) Veterinary establishments. 2 R51)1(52) Vocational schools [(52)](53) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. [(53)](54) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products." SECTION 4. Chapter 25, article 5, division 15, section 25-5-152 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted in the MG district: (1) Agricultural products processing, major and minor. (2) Airfields, heliports and private landing strips. (3) Amusement and recreation facilities, indoor. (4) Animal hospitals. (5) Animal quarantine stations. (6) Animal sales, stock, and feed yards. (7) Aquaculture activities and facilities. (8) Automobile and truck storage facilities. (9) Automobile body and fender establishments. (10) Automobile service stations. (11) Bakeries. (12) Bars. (13) Breweries, distilleries, and alcohol manufacturing facilities. (14) Broadcasting stations. (15) Bulk storage of flammable products and bulk storage of explosive products. (16) Car washing. (17) Catering establishments. (18) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (19) Churches, temples and synagogues. (20) Cleaning and dyeing plants. (21) Commercial parking lots and garages. (22) Community buildings, as permitted under section 25-4-11. (23) Concrete or asphalt batching and mixing plants and yards. (24) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (25) Crematoriums, funeral homes, funeral services, and mortuaries. (26) Day care centers. (27) Dumping, disposal, incineration, or reduction of refuse or waste matter. (28) Expansion of an existing commercial excavation operation, provided that plan approval is secured from the director. (29) Fabricating establishments. (30) Fertilizer manufacturing plants. (31) Financial institutions. (32) Food manufacturing and processing facilities. (33) Freight movers. 3 (34) Greenhouses, plant nurseries. (35) Heavy equipment sales, service and rental. (36) Home improvement centers. (37) Junkyards. (3 8) Kennels. (3 9) Laboratories, medical and research. (40) Laundries. (41) Lava rock or stone cutting or shaping facilities. (42) Lumberyards and building material yards. (43) Machine, welding, sheet metal, and metal plating and treating establishments. (44) Manufacturing, processing and packaging establishments, light and general. (45) Marine railways, drydocks, and ship or boat yards. (46) Motion picture and television production studios. (47) Photographic processing. (48) Primary airports, provided that plan approval is secured from the director. [(18)](49) Public dumps. [(49](50) Public uses and structures, as permitted under section 25-4-11. [(--5-8)](51) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(51)](52) Recycling centers. [(52)](53) Reduction, refining, smelting, or alloying of metals, petroleum products or ores. [(53)](54) Repair establishments, major and minor. [(--5-4)](55) Restaurants. [(55)](56) Saw mills. [06)](57) Self storage facilities. [(57)](58) Slaughterhouses. [08-)](59) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. L091(60) Storage, curing, or tanning of raw, green, or salted hides or skins. [(68)](61) Telecommunication antennas, as permitted under section 25-4-12. [(60](62) Temporary real estate offices, as permitted under section 25-4-8. [(60](63) Transportation and tour terminals. [(6 )](64) Truck, freight and draying terminals. [(64)](65) Utility facilities, public and private, including power plants, offices or yards for equipment, material, vehicle storage, repair or maintenance. [(6 }](66) Utility substations, as permitted under section 25-4-11. [(66)](67) Veterinary establishments. [(67)](68) Warehousing. [(68-)](69) Wholesaling and distribution, including the storage of incidental materials and equipment. [(69)](70) Yacht harbors and boating facilities." 4 SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. INTI : DUB B i v, COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: November 6, 2020 Date of 1st Reading: November 6, 2020 Date of 2nd Reading: November 18, 2020 Effective Date: December 1, 2020 REFERENCE Comm. 1076 5 OFFICE OF THE COUNTY CLERK COLINI YVITT Y OF HAWAili County of Hawai i Hilo, Hawai`i . s LE. 20 Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE Date Introduced: November 6, 2020 AYES NOES ABS EX First Reading: November 6, 2020 Chung X Published: November 13 , 2020 David X Eoff X REMARKS.' Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X Second Reading: November 18, 2020 9 0 0 0 To Mayor: November 27, 2020 Returned: December 1, 2020 ROLL CALL VOTE Effective: December 1, 2020 AYES NOES ABS EX Published: December 18, 202.0 Chung X REMARKS: David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERS Approved Disapproved this day of ' , 20 . COUNTY CLERK Bill No.: 199 MAYOR, COUNT HAWAII C-1076/PC-58 Reference: Ord No.: 20 94