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COUNTY OF HAWAI`I
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ORDINANCE NO.
STATE OF HAWAI`I
BILL NO. 24
(DRAFT 3)
AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1, 2, 4, 5, AND 7, OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
TELECOMMUNICATION ANTENNAS AND TOWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Findings and purpose. The purpose of these regulations is to provide a
comprehensive set of standards for the development of telecommunications facilities. The
regulations contained herein are designed to protect and promote public safety and community
welfare, while at the same time not unduly restricting the development of telecommunications
facilities.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by amending the definition of "Telecommunications
antenna" in subsection (b) to read as follows:
""[Te1eee mtmi "'+"'„s] Telecommunication antenna" means an antenna, [tower]
repeater, equipment, wireless or broadband -related infrastructure, and other accessory
structures [for] used to transmit and receive radio frequency (RF) [transmi-ssie] signals
for communication purposes, includingthose intended for specific users who must have
special equipment for transmission and/or reception. [Also ;,,eluded afe b,,,.,,deasting]
This definition:
(1) Includes:
(A) Broadcasting facilities, such as low power television stations, regulated
by the Federal [C,,,,.,m•,,,iea ] Communications Commission (FCC)
under Title 47 of the Code of Federal Regulations, [paw] Part 74[,whie
ineludes low power- television. hieluded afe land ]S
(B) Land -mobile or two-way radio, and one-way radio paging service
broadcasting[. Also ineluded afe independent], and
(C) Independent receiving facilities which do not qualify as accessory uses[..
Not ine-ludedre pertabl�], and
(2) Does not include:
(A) Portable, handheld, and vehicular transceivers or radios; [ifidustrial]
(B) Industrial, scientific, and medical equipment operating at frequencies
designated for that purpose by the Federal Communications Commission
(FCC); [maw]
(C) Marketed consumer products, such as microwave ovens, citizens band
radios, ham radios [and femete eefitfal toysfl,or remote -controlled
devices; and [facilities]
(D) Facilities solely for the [reeeiving] personal reception of these
transmissions, [including individual] such as radio and television
appliances."
SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by adding a new definition in subsection (b) to be
appropriately inserted and to read as follows:
""Telecommunication tower" or "tower" means a freestanding mast, pole,
monopole, guyed tower, lattice tower, free standing tower, or other structure designed
and primarily used to support telecommunication antennas and any related equipment,
shelters, or cabinets necessM for the operation of the antennas."
SECTION 4. Chapter 25, article 2, division 6, section 25-2-61, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted within designated County zoning districts
only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided
that the property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and
A districts; provided that a minimum building site area of ten thousand square
feet is required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA,
FA, A, V, CG, CV, and O districts, provided that the property is within the
state land use urban or rural district. Golf courses and golf driving ranges shall
not be permitted within the state land use agricultural district unless approved
by the County before July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of "group living facility" in the RS, RD, RM,
RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes in the
RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS,
RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG,
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CV, MCX, ML, MG and O districts.
(9) Medical clinics in RS, RD, RM, RA, FA, and A districts.
(10) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts,
provided that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, and RA districts.
[(1 1) Teleea munieatio33-antennas and towels in RS, RD, RA 4, D CX, RA, , FA, , A,
[�] 11 Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V,
CG, CV, MCX, ML, MG and O districts.
[(4-3)] tU2 Wind energy facilities in the O district; provided that the property is
within the state land use agricultural district.
[(4-4)] 13 Other unusual and reasonable uses which are not specifically permitted
in any zoning district with the approval of the director and the concurrence of
the council by resolution."
SECTION 5. Chapter 25, article 2, division 7, section 25-2-74, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-74. Plan approval application requirements for
telecommunication antennas.
In addition to the application requirements for plan approval contained in section
25-2-72, an application for plan approval for a telecommunication antenna or tower shall
contain the following information:
(1) A plot plan showing the location on the building site of the proposed antenna
or tower;
(2) Building plans for the tower, certified by a licensed structural engineer,
verifying that the tower, [together with the initial .prim» s and ther-
e ,,,.Pfl o„+ Pfapased t be installed thefooifi ] at full build out inclusive of all
potential antennas and equipment, will have a hard survivability for sustained
winds of one hundred miles per hour[;] or meet the requirements set forth in
the building code, whichever is greater,
(3) A statement from the applicant that the proposed use will not interfere with
the County's land mobile radio system and other public emergency
communications systems;
[(3)] (4) A statement from the Federal Aviation Administration that the
application has not been found to be a hazard to air navigation; []
[(4)] (5) A statement from the Federal Communications Commission that the
application complies with the regulations of the Commission or a statement
that no such compliance is necessary[...];
(6) Documentation demonstrating that the National Historic Preservation Act of
1966 Section 106 review has been completed;
(7) A report indicating whether the facility could be co -located elsewhere, which
shall include:
(A) Documentation of efforts to install, construct, or co -locate the proposed
facility on or within:
(i) Existing towers or feasible antenna support structures,
(ii) Sites that do not adversely impact significant public views, such as
beaches shorelines oceans and natural areas,•
(iii) Industrial or commercial zoning districts;
(iv) Locations that are not highly visible from adjacent roadway
public spaces, parks, schools, greenbelts, or other visually sensitive
areas, and
(v) Areas unnerved or underserved with respect to broadband access
and infrastructure
(B) A map showing the sites that have been investigated with a detailed
analysis on how those sites are inadequate and how the site selected is
the least obtrusive,
(C) Maps showing the coverage areas of existing towers within a two mile
radius of the proposed tower,
(D) A letter from the nearby tower owners indicating the tower is not
feasible for co -locating antennas;
(E) A statement that the wireless telecommunications provider commits to
allow a minimum of two other wireless telecommunications providers to
co -locate antennas on its proposed tower facilities wherever structurally_
and technically feasible; and
(F) A statement providing the reason for the location, design, and height of
the proposed tower or antennas,
(8) Documentation of proactive efforts made to notify, meet with, inform, and
engage adjacent landowners and the affected communi . regarding the
proposed use,
(9) Documentation demonstrating compliance with the Hawaii State Fire Code
and Standard No. 76, relating to the fire protection of telecommunications
facilities of the National Fire Protection Association which documentation
must be submitted to the Hawaii fire department;
(10) A maintenance plan detailing how the safety, functionality, and service of the
proposed use will be maintained until the use is discontinued, and
(11) A visual impact analysis, which shall include:
(A) Mitigation measures to minimize the visual impacts of the tower,
including a description of any vegetation to be used for such purposes;
(B) Before and after photo simulations from various locations and/or angles
from which the public would typically view the site; and
(C) A map depicting where the photos were taken.
The visual impact analysis shall demonstrate that less intrusive sites are
not available or do not provide the necessary communication coverage to
provide the service. The director may request the submission of additional
materials, including but not limited to photo overlays, scaled models,
renderings, or field mock-ups, to evaluate potential visual impacts. These
materials should address appropriate coloration, blending, and stealth design
(e.g., monopine, monopalm) to harmonize the facility with the surrounding
area."
SECTION 6. Chapter 25, article 2, division 7, section 25-2-76, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-76. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the
proposal which, in the director's opinion, are necessary to carry out and further the
purposes of this chapter and the considerations contained in section 25-2-77.
(b) The director may only issue plan approval for a telecommunication antenna or
tower if the proposed use meets all of the conditions contained in sections 25-2-77
and 25-4-12, and if the applicant provides all verification required under section 25-
2-74.
(c) The director may only issue plan approval for a temporary model home or real
estate office if the proposed use meets all of the conditions in section 25-2-77 and
25-4-8.
(d) The director shall render a decision to either approve or deny a plan approval
application, other than for an agricultural tourism facility [or], any special district
with adopted design guidelines and/or standards, or any telecommunication antenna
or tower, within thirty days after acceptance of the application. If the director fails
to render a decision within the thirty -day period, the application shall be considered
approved without further certification by the director. In addition, the following
specific provisions shall apply:
(1) For an agricultural tourism facility, the department shall conduct a site
inspection prior to issuing plan approval within sixty days after acceptance of
the application. If the director fails to render a decision within the sixty-day
period, the application shall be considered approved without further
certification by the director.
(2) For any plan approval application within a special district with adopted design
guidelines and/or standards, the director shall render a decision to either
approve or deny the plan approval application within forty-five days after
acceptance of the application. If the director fails to render a decision within
the forty-five day period, the application shall be considered approved without
further certification by the director.
(3) For a telecommunication antenna or tower, the director shall render a decision
to either approve or deny the plan approval application within sixty days after
acceptance of the application, in accordance with Hawaii Revised Statutes,
Chapter 46-89. If the director fails to render a decision within the time frame
specified by Hawaii Revised Statutes, Chapter 46-89, the application shall be
considered approved without further certification by the director."
SECTION 7. Chapter 25, article 4, division 1, section 25-4-12, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-4-12. Telecommunication antennas or towers.
(a) A telecommunication antenna or tower shall be permitted in [ the V GN CG, CV
N4X, Mr MG G and rnu] all zoning districts; provided that the antenna, tower,
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and its use are not hazardous or dangerous to the surrounding area and the director
has issued plan, the
for such use. [ 7
Zvi pefmitted-in the RS, R l, RA4, RGX, RA, , FA, A !A, , • nd 0 districts if a use-
towef pefmit is obtained for- sueh use. I"er-e thefe is an existing teleeanmfltmieatia
the dife tee has issued plan appr-evgfiew-,-Que-�.used Co -location of antennas upon an
existing_ privately owned tower and expansion of related support equipment within
the project site is permitted provided the director issued plan approval for the
existing tower. The ground lease areas of co -locating carriers must be adjacent to
the existing ground lease area and not located within the open yard setback areas,
and the co -location must not result in a `substantial change', as defined by the
Federal Communication Commission. Co -location that results in a `substantial
change' to the tower height or ground lease area, as defined by the Federal
Communication Commission, requires issuance of a new plan approval.
[(b) The minimum sethaeks faf a teleeowAnttnieatieft antenna and tower- are as follows:
of one feet faf evefy rite root of rtefm or -tower- height
baek f Y,, ever-y pr-oHefty lino a fninitnum o fi+ for- eveimy e foot antenna of towef height.]
(b) Telecommunication facilities developed by government agencies primarily to
protect public health, safety, and welfare, including but not limited to facilities for
police, fire, ambulance, and other emergencydispatch services, shall be exempt
from the telecommunication antenna and tower requirements provided in this
chapter.
(c) The minimum lot size requirements for telecommunication towers are as follows:
(1) The minimum lot size for the placement of any telecommunication tower
within the A, FA, IA and O zoning districts shall be five acres.
(2) The minimum lot size for the placement of any telecommunication tower
within a RS, RD, RM and RA zoning districts shall be one acre.
(3) No minimum lot size shall be required for the placement of
telecommunication towers within the V CN CG CV MCX ML MG and
CDH zoning districts.
The minimum lot size may be reduced, upon finding that the issuance of a
variance by the director will not result in adverse impacts, including but not limited
to noise, light, glare, visual, drainage, or other detrimental effects to adjacent
properties.
(d) The minimum setbacks for telecommunication towers are as follows:
(1) Telecommunication towers shall be set back from any property line with a
minimum distance equal to one hundred and twenty percent of the tower
height as measured from the ground level.
(2) Telecommunication towers must be sited at least one thousand two hundred
feet from nearby residences and schools not on the subject property.
(3) Telecommunication towers located within V, CN, CG, CV, MCX, ML, MG
and CDH zoninv districts shall be exempt from the propertv line setback
requirements in section 25-4-12(d)(1).
(e) Fencing- and Safety Measures. Telecommunication towers must be enclosed by
fencing a minimum of six feet in height, and towers must be equipped with an anti -
climbing device.
[(E)] (D The tower, together with the initial antennas or other equipment proposed to
be installed thereon, shall -have a hard s ability faf sustained winds f at leas
are hundred miles . hei, . ]:
(1) Comply with the building code; and
(2) Be equipped with:
(A) A redundant power supply capable of providing sufficient power for no
less than twenty-four hours; and
(B) Where feasible, secondary data transmission capabilities that can support
mass notification messaging during a disaster.
(g) The telecommunication antennas and tower shall comply with all applicable rules,
regulations and requirements of affected agencies, including the Federal Aviation
Administration and Federal Communications Commission. All exterior lighting,
except safety beacons required by the FAA, shall be:
(1) Fully shielded so that the bulb is not visible from any point above the height
of the bulb; and
(2) Turned off when human activity is not occurring; in the lighted area.
(h) Should any state or federally listed or endangered species be found on the subject
propertyy, the applicant shall comply with all applicable requirements of Department
of Land and Natural Resources -Division of Forestry and Wildlife and/or the United
States Fish and Wildlife Service.
(i) Within one hundred twenty days of the permanent abandonment of the tower, the
applicant shall remove the tower and its antenna and accessory structures (including
the equipment building and the fence), down to, but not including the concrete
foundation. The applicant shall immediately provide written notification to the
director of the termination of the telecommunication tower and related
improvements and the removal of all structures.
(j) The director may require any conditions or changes in the location and design of
telecommunication antennas and towers necessary to carry out the purposes of this
chapter and the natural beauty chapter of the general plan. These conditions or
changes may include but not be limited to requiring stealth design (e.g., monopine,
monopalm) in order to reduce visual impacts to surrounding properties. If the
proposed site is located within an area of natural beauty as designated by the
general plan or is located along a roadway, bikeway, trail, or park used by the
public, the director may require an on -site or off -site relocation of the
telecommunication tower to mitigate visual impacts."
SECTION 8. Chapter 25, article 5, division 1, section 25-5-3, division 2, section 25-5-
22, division 3, section 25-5-32, division 4, section 25-5-42, division 5, section 25-5-52, division
6, section 25-5-62, and division 7, section 25-5-72 of the Hawaii County Code 1983 (2016
Edition, as amended) are amended by repealing each paragraph reading "Telecommunication
antennas and towers." in the respective subsection (b) thereof and appropriately renumbering all
subsequent paragraphs.
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SECTION 9. Chapter 25, article 5, division 1, section 25-5-3, division 2, section 25-5-
22, division 3, section 25-5-32, division 4, section 25-5-42, division 5, section 25-5-52, division
6, section 25-5-62, and division 7, section 25-5-72 of the Hawaii County Code 1983 (2016
Edition, as amended) are amended by adding a paragraph to be appropriately inserted in the
respective subsections (a) thereof and to read "Telecommunication antenna and towers, as
permitted under section 25-4-12." and by appropriately renumbering all subsequent paragraphs.
SECTION 10. Chapter 25, article 5, division 8, section 25-5-82, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Apiaries.
(5) Aquaculture.
(6) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(7) Crop production.
(8) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(9) Forestry.
(10) Livestock production, provided that piggeries, apiaries and pen feeding of
livestock shall not be closer than one thousand feet to any major road or to
any district other than the A district on building sites approved by the State
department of health and the director.
(11) Public uses and structures which are necessary for agricultural practices.
(12) Telecommunication antennas and towers, as permitted under section 25-4-12.
[(4-2)] 1�3) Utility substations, as permitted under section 25-4-11.
[(b) The fell iay be permitted in the !A distfiet, provided that a use pefmit tis
obtained f .
(1) Teleeammunieation antennas an44owefs-]
[(c)] (b) The following uses may be permitted in the IA districts, provided that a
special permit is obtained for such use:
(12) Crematoriums, funeral homes, funeral services, and mortuaries.
(13) Churches, temples, or synagogues.
(14) Community buildings as permitted under section 25-4-11.
(15) Day care centers.
(16) Hospitals.
(17) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
(18) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
[(d)] U In IA districts in areas with over thirty percent slope, in gullies, and where
rough terrain discourages intensive agricultural uses, the director may approve any
other uses which are permitted in the RA, FA, or A districts.
[(e)] U Buildings and uses accessory to the uses permitted in this section shall also
be permitted in the IA district.
[(f)] Cel No building site shall be established in the IA district which shall in any way
restrict or limit the uses permitted under this section."
SECTION 11. Chapter 25, article 5, division 16, section 25-5-162, of the Hawaii
County Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-5-162. Permitted uses.
(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
(2) Apiaries.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Existing churches and temples of historical significance.
(6) Forestry.
(7) Game preserves.
(8) Growing of plants provided such growth does not impair a view intended to
be preserved in the O district.
(9) Heiaus, historical areas, structures, and monuments.
(10) Natural features, phenomena, and vistas as tourist attractions.
(11) Private recreational uses involving no aboveground structure except dressing
rooms and comfort stations.
(12) Public parks.
(13) Public uses and structures, as permitted under section 25-4-11.
(14) Telecommunication antennas and towers, as permitted under section 25-4-12.
[(I4)] tU5 Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the O district, provided that a use permit is issued for each use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Golf courses, provided that the property is within the state land use urban or
rural district. Golf courses and golf driving ranges shall not be permitted
within the state land use agricultural district unless approved by the County
before July 1, 2005.
(3) Yacht harbors and boating facilities; provided that the use, in its entirety, is
compatible with the stated purpose of the O district.
(4) Wind energy facilities; provided that the property is within the state land use
agricultural district.
(c) Uses considered directly accessory to the uses permitted in this section shall also be
permitted in the O district."
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SECTION 12. Chapter 25, article 5, division 9, section 25-5-92, division 10, section 25-
5-102, division 11, section 25-5-112, division 12, section 25-5-122, division 14, section 25-5-
142, division 15, section 25-5-152 and article 7, division 2, section 25-7-22 of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended by striking "Telecommunication
antennas, as permitted under section 25-4-12." and inserting "Telecommunication antennas and
towers, as permitted under section 25-4-12." in lieu thereof.
SECTION 13. Chapter 25, article 5, division 13, section 25-5-132 of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended by striking "Telecommunications
antennas, as permitted under section 25-4-12." and inserting "Telecommunication antennas and
towers, as permitted under section 25-4-12." in lieu thereof.
SECTION 14. 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 15. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 16. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 110.24
C6tNtL MEMB R, COUNTY OF HAWAPI
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