HomeMy WebLinkAboutBIL 170 Draft 01 2024-2026
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ZONING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Purpose. The purpose of this ordinance is to distinguish data processing facilities, which are permitted in industrial-commercial mixed use (MCX) zoning districts, from
data centers, which are not permitted in the County pursuant to Section 25-4-4 of the Hawaiʻi County Code. This distinction will prevent data centers from being considered a permitted
use due to their similarities with data processing facilities. The added definition does not encourage or allow the permitting of data centers but aims to make clear that they are not
a permitted use in the County.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaiʻi County Code 1983 (2016 Edition, as amended) is amended by amending the definition of “data processing facility” in subsection
(b) to read as follows:
““Data processing facility” means an establishment primarily involved in the compiling, storage and maintenance of documents, records, and other types of information in digital form
utilizing a mainframe computer. This term does not include data centers, general business offices, computer-related sales establishments, and business or personal services.”
SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawaiʻi County Code 1983 (2016 Edition, as amended) is amended by adding a definition in subsection (b) to be appropriately
inserted and to read as follows:
““Data center” means a facility used for the industrial-scale operation of computer systems and associated equipment for the processing, computing, transmission, or dissemination of
digital data, and that requires supporting infrastructure beyond that typically accessory or incidental to office, commercial, or public institutional uses.”
SECTION 4. New material is underscored. In printing this ordinance, the underscoring need not be included.
SECTION 5. 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 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: