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HomeMy WebLinkAboutCOM 0114.002 2002-2004Harry Kim Mayor REC': i`,'EQ COUNTY OF HAW�IVflY 22 flM 8 36 21 Aupuni S[rect, Raom 215 . Hilo, Hawaii 96720-4252 • (808)961-821�Fax(808)961-§553 KONA' "5-5706 Kuakini Highway, Suac 103 • Kailua-KonaI 40 ULL! lig (808) 329-5226 • Fax (808) 326-5663 6OUNTY ( F HAWAJI May 19, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 03-005) Applicant: Chrystal T. Yamasaki Request: RM -1 to CV -7.5 Tax Map Key: 7-5-22:40 Xiator: County Council Proposed Bill No. 47 Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Relating to Permitted Uses in the Industrial -Commercial Mixed Use (MCX) District Dixie Kaetsu Managing Director As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, QkVAII) / / Harry Kim `fit' Mayor L050803may Enclosures cc: Planning Department 13,'11 4I,DY 3 Comm. No. 114.2. Ref. To: Ref. Date MAY 2 171103 Harry Kim Mayor tjAl County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (808) 961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Initiator: County Council Proposed Bill No. 47 Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Relating to Permitted Uses in the Industrial -Commercial Mixed Use (MCX) District The Planning Commission, after a duly held public hearing on May 8, 2003, voted to recommend for your approval proposed Bill No. 47 amending Chapter 25, Zoning Code, of the Hawaii County Code 1983 (1995 Edition), as amended, relating to permitted uses in the Industrial Commercial Mixed Use (MCX) District. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The County Council is initiating proposed Bill No. 47 to expand the list of permitted uses in the MCX zoned district. The additions are taken from the list of uses within the General Commercial (CG) zoned district. Included in the list were non - habitable permitted uses found in the CG district. The amendments would include uses that are presently listed in the CG district that are consistent with the existing list of uses in the MCX district. The County Council proposes adding the following uses to the list of permitted uses within the MCX district: a. Adult day care centers. b. Art studios. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 C. Cabarets. d. Crop production. e. Display rooms for products sold elsewhere. f Equipment sales and rental yards. g. Farmers markets. h. Home care. i. Ice storage and dispensing facilities. j. Laundries. k. Model homes. 1. Mortuaries. M. Personal services. n. Schools. The County Council recommends that all of the above non -habitable uses from the CG district be added to the MCX list of permitted uses. The Planning Director supports the request that the proposed uses are appropriate and compatible within the MCX zoning, with the exception that the following proposed uses not be permitted in the MCX district. a. Adult day care centers. b. Crop production. c. Home care. d. Schools. Although not a request of the County Council, the Planning Director also recommends that day care centers be deleted from the list of permitted uses within the MCX district. In making this determination, a closer look was taken at the compatibility of these uses with existing industrial uses and whether they can exist side by side without any adverse impact or without creating an unsafe or unhealthy environment. Some industrial uses may not be compatible with commercial or other uses, even if they are non -habitable commercial uses. The Planning Director provides the following rationale for not permitting these uses. When the County Zoning Code was amended in 1996, the MCX district was added as a new zoning district. According to the Zoning Code, "The purpose of the MCX (industrial -commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. 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 non -industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses." Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 We need to keep in mind, that the Underlying General Plan Designation for MCX is Industrial or Urban Expansion. Although the Urban Expansion designation is a mixed use designation which allows for a variety of uses, the Industrial designation has limited uses. Zoning designations allowable in the General Plan Industrial designation include General Industrial (MG) — being the most offensive and noxious uses, Limited Industrial (ML) and Mixed Commerial-Indusrial (MCX) — being the least offensive. A General Plan Industrial designation implies manufacturing, processing, wholesaling, large storage and transportation facilities, power plants and government baseyards, among others. Uses may not necessarily be located all in one area, but a large majority of our existing MG lands are adjacent to or in the vicinity of existing ML lands. Further, although some of the MCX zoned lands, are a result of rezoning from other designations, a good number are from existing MI_ zoned lands. This is a result of developers recognizing the advantages and the flexibility of the MCX zoning over the ML zoning. We have also seen existing ML zoned lands making the transition to commercial uses on their own without actual zone changes. A prime example of this is in the Kona Industrial Subdivision, where we already see a mix of retail and industrial uses existing side by side. In light of the above, it is recommended that adult day care centers, home care, and schools not be included in the list of permitted uses for the MCX district. These uses involve the care of elderly, disabled, home care or school-age children which are not appropriate immediately adjacent to or within the industrial district. This is based on concern for the health and safety of this population group. The possibility of elderly or children wandering can be anticipated. With industrial facilities, such as large manufacturing or processing facilities in the vicinity and traffic consisting of large transportation vehicles on a daily basis, we may be setting the stage for an unsafe condition. Do we want to create conditions that may not be safe for individuals who need special care — such as the elderly, disabled or school-age children? We understand that day care centers are already listed in the MCX, ML and MG districts in the Zoning Code, however, we question its appropriateness. Day care centers include, day nurseries, preschool, kindergartens and adult day care centers. Since we feel that adult day care centers and schools should not be allowed, it would be inconsistent to have day care centers permitted, which specifically includes adult care and could even include younger than school age children. Therefore, although not a request of the County Council, we recommend that day care centers be deleted from the list of permitted uses within the MCX district, to be consistent with the proposed changes that the Planning Director is recommending. Amending the Code to delete day care centers from the ML and MG district would require a separate amendment. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Further, it is recommended that crop production not be included as a permitted use. In the Zoning Code, crop production is defined as "agricultural and horticultural uses, including, but not limited to production of grains, field crops, vegetables, fruits, tree nuts, flower fields, and seed production, ornamental crops, tree and sod farms. Our industrial zoned lands should be reserved for the manufacturing and processing aspect of production or the more intensive or offensive industrial uses and not for the agricultural aspect or growing ol'crops. Further, industrial uses may have some adverse impact on the environment needed for growing crops. These uses can, however, exist adjacent to each other, as our sugar mills have in the past on their respective zoned lands. Equally deserving our attention and discussion is not only the type of uses that are appropriate in the MCX district, but also the question - where is the MCX zoning designation appropriate? We can only take a cursory look at where MCX zonings are occurring. Industrial zonings in Hilo are centered in the Waiakea House Lots area, Maka`ala, Kanoelehua, Hilo Harbor, and Hilo International Airport. Approved by the County Council were two rezonings from existing ML -20 lands to MCX-20: the Waiakea Square Complex (where Fiascos was located) and several parcels immediately behind the complex for KCOM, Recent requests that secured favorable recommendation by the Planning Commission were for William Brilhante from ML -20 to MCX-20 and SAF, Ltd. from; both of which are located along Kanoelehua Avenue. Pending with the Planning Commission, are two change of zone applications from RS -10 to MCX-10 zoning for HAKS, Inc. and I. Kitagawa, both of which are located in the Waiakea House Lots along Kawili Street. In the Puna District, W.H. Shipman recently secured Council approved for a change from A -20a to MCX-20 for lands adjacent to the existing Shipman Industrial Park. Also approved by the County Council was a rezoning from ML -20 to MCX-20 for James McCully, in the vicinity of the old Puna Sugar Mill. In Kona, the existing Kaloko Industrial Park located adjacent to the subject property is zoned ML -la but has transformed, to some extent, into a mixed-use industrial - commercial area over the years. Large areas recently approved for MCX zoning are the 100 -acre expansion of the Kona Industrial Park (Queen Liliuokalani Trust) from ML -1 a to MCX-20 and the 100 -acre Kaloko Industrial Park Phase III & IV (TSA) from Open to MCX-1 a. Three parcels within the Kaloko Industrial Park also secured a change of zone from ML -1 a to MCX-1 a. Further, under review at the State Land Use Commission is a request by Lanihau Properties to redesignate lands from Open to Urban in order to develop the Kaloko-Honokohau Business Park which proposes to include an ongoing quarry and MCX uses. These lands are located adjacent and to the south of Kaloko Industrial Park. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Overall, we find that developers are recognizing the advantages and flexibility of having an MCX zoning. Policy wise, determining the appropriateness for MCX zoning still requires a closer review. There are questions that need to be asked in the rezoning process. If areas ideal for mixed uses - such as the MCX zoning, are existing Limited Industrial (ML) zoned lands, what will happen to our existing ML zoned lands? Will we see this designation becoming obsolete in light of the flexibility that MCX lands provide for the landowner? How will this affect existing CG and MG zoned lands? Should MCX zonings be permitted within the center of an existing ML designated area or should it serve mainly as a transitional zoning along borders, where perhaps, existing residential or commercial areas are adjacent to existing industrial zoned lands? How will the conversion of ML lands to MCX put pressure on the remaining ML lands that are truly used for industrial uses? We will need to take a closer look not only at the lands to be rezoned to MCX, but also the surrounding lands, in order to determine possible impacts of this designation. Our preliminary response is that MCX is appropriate as a transitional zoning, along borders where zoning is transitioning from residential to commercial or from commercial to industrial. Appropriate areas would also be in existing General Plan Industrial areas along main transportation corridors, such as Kanoelehua Avenue or Queen Kaahumanu Highway, where there is high visibility and visual impacts are a concern. Other appropriate areas would be in locations where existing ML zoned lands have already transitioned into commercial use or newly rezoned lands when the demand requires it. We will continue to look at appropriateness as we review requests for MCX zonings. The proposed amendments to the General Plan discuss the MCX district and lists areas identified for MCX zoning. They include, the Keaau (Gateway Center), Hawaiian Paradise Park, Hilo Iron Works, Waiakea Houselots, Kona Industrial subdivision & the adjacent area to the north, and Honokohau (South of the existing Kaloko Industrial Subdivision). Some of these areas are already existing Industrial zoned lands. We need to keep in mind as we begin to develop these areas, that if a use is permitted, it should be compatible with any of the other listed uses to ensure health and safety of the general public. On a side note (as raised by Councilman Tyler in the minutes), we also recognize, that bakeries are listed in the ML and MG district but not in the commercial districts. We can make the assumption that bakeries, as listed in the Industrial districts are considered to be large scale, primarily wholesale bakeries, since retail operations cannot exist as a Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 stand alone operation. Smaller retail bakeries, on the other hand, fall under the category of "retail sales", which are permitted uses in the commercial districts. Often lack of definition of terms, makes it confusing as to what a use encompasses. On the otherhand, it would be impossible to try to define every use. The department also recognizes that there are many inconsistencies in regards to permitted uses within each district, and that the Zoning Code needs to be revisited and "fixed" accordingly. Based on the above, the Planning Director recommends that the County Council proposed Bill No. 47, to add specific uses to the list of permitted uses in the MCX district, be approved with deletion of: Adult day care centers, Crop production, Home care, Schools and Day Care. The accompanying draft bill to amend Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. We are enclosing a copy of the staff background for your information. Sincerely, Fred Galdones, Chairman Planning Commission LcouncilmcxOlPC Enclosure cc: Corporation Counsel Planning Department - Kona < 6L& U& 7 BCouncilBillMCx01 skg-4/3/03 COUNTY OF HAWAVI PLANNING DLPA TMENT BACKGROUND REPO T COUNTY COUNCIL INITIATED PROPOSED BILL NO. 4 7 ANIrENDIMENT TO CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE, RELATING TO PERMITTED USES WITHIN THE INDUSTRIAL-COIVLINIEI CIA,.L MIXED USE (MCX) DISTRICT The County Council has submitted proposed Bill No. 47 amending Chapter 25, Zoning Code, of the Hawaii County Code 1983 (1995 Edition) as amended, relating to permitted uses in the Industrial -Commercial Mixed Use (MCX) District. The proposed bill is to add specific uses to the list of permitted uses. COUNTY COUNCIL PROPOSED BILL 1. Purpose: The County Council is initiating proposed Bill No. 47 to expand the list of permitted uses in the MCX zoned district. The added uses are taken from the list of uses within the General. Commercial (CG) zoned district. Included in the list were non - habitable permitted uses found in the CG district. 2. Proposed new uses to be added to MCX zoned district: The County Council is proposing to add the following uses to the MCX zoned district: a. Adult day care centers. b. Art studios. C. Cabarets. d. Crop production. e. Display room's for products sold elsewhere. f. Equipment sales and rental yards. g. Farmers markets. h. Home care. i. Ice storage and dispensing facilities. j. Laundries. k. Model homes. 1. Mortuaries. m. Personal services. n. Schools. ATTACH. C-1.14.2 Gill 47, Dr. 3) Reasons for Change: A review of the Planning Committee's minutes (page 5) states that the purpose of making these changes was to address some inconsistencies in uses that were listed in MCX. When the Zoning Code was first amended to create the MCX district, uses were selectedly pulled from the CG district to be included in the MCX district. 4. Supportive Background Information: Bill No. 47, was introduced by Councilmember Bobby Jean Leithead-Todd, of the Hawaii County Council, and was forwarded along with minutes of the Committee on Planning, to the Planning Department and Planning Commission for review and consideration on February 19, 2003. (See Exhibit A — Proposed Ordinance and County Council Planning Committee Minutes) 5. Maps: Attached are maps of certain Industrial areas, mainly Hilo, Puna and Kona, where existing Industrial (MG, ML, and MCX) zoned lands exist. This helps us to see the potential areas and possible impacts of the MCX zoning. (See Exhibit B-4 Maps showing existing Industrial zoned lands (MG, ML & MCX). STATE AND COUNTY PLANS 6. General Plan LUPAG Map Designation: The Planning Director has determined that the underlying LUPAG Map designation shall be Industrial or Urban Expansion in order to establish a MCX district. The General Plan states that zones that are appropriate in areas of economic transition, such as light industrial area that are in demand as sites for commercial uses, and older residential areas needed as sites for more intensive development. Further it states, that some industrial districts consist of enterprises and facilities that are not necessarily compatible with commercial areas. 7. Proposed General Plan Amendments: The proposed General Plan amendments pending with the County Council supports the MCX district by stating that this zoning would b appropriate in the Urban Expansion or Industrial Areas. 3. MCX District: The MCX district was a new district that was included in the County Zoning Code was updated in 1996. Section 25-5-130 of the Zoning Code states, "The purpose of the MCX ( industrial -commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. 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 non -industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses." 9. ML District: According to the County Code, Section 25-5-140, "The ML (limited industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts." 10. CG District: According to the County Code, section 25-5-110, "(a) The CG (general commercial) district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region" and "(b) No CG district shall be established until there is a demonstrated need for such action and no two CG district shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions." 11. CG, ML and MCX Permitted Uses: A list of permitted uses within the General Commercial (CG), Industrial -Commercial Mixed Use (MCX) and Limited Industrial (ML) zoned districts are attached for reference purposes. (See Exhibit C — Sections of Zoning Code relating to CG, MCX & ML districts) 12. Existing MCX lands in North Kona District: The existing Kaloko Industrial Park located adjacent to the subject property is zoned ML -la but has transformed, to some extent, into a mixed-use industrial -commercial area over the years. Large areas recently approved for MCX zoning are the 100 -acre expansion of the Kona Industrial Park (Queen Liliuokalani Trust) from ML -la to MCX-20 and the 100 -acre Kaloko Industrial Park Phase III & IV (TSA) from Open to MCX-la. Three parcels within the Kaloko Industrial Park also secured a change of zone from ML -la to MCX-la. Further, under review at the State Land Use Commission is a request by Lanihau Properties to redesignate lands from Open to Urban in order to develop the Kaloko- Honokohau Business Park which proposes to include an ongoing quarry and MCX uses. These lands are located adjacent and to the south of Kaloko Industrial Park. 13. Existing MCX lands in South Hilo/Puna: Industrial zonings in Hilo are centered in the W iakea House Lots area, Makaala, Kanoelehua, Hilo Harbor, and Hilo I International Airport. Approved by the County Council were two MCX rezonings: the W iakea Square Complex (where Fiascos was located) ML -20 to MCX-20 and several parcels immediately behind the complex for KCOM from ML -20a to MCX-20a. Recent requests that secured favorable recommendation by the Planning Commission were for William Brilhante from ML -20 to MCX-20 and SAF, Ltd; both of which are located along Kanoelehua Avenue. Pending with the Planning Commission, are two change of zone applications from RS -10 to MCX-10 zoning for HAKS, Inc. and I. Kitagawa, both of which are located in the Wai kea House Lots along K wili Street. In the Puna District, W.H. Shipman recently secured Council approved for a change from A -20a to MCX-20 for lands adjacent to the existing Shipman Industrial Park. Also approved by the County Council was a rezoning from ML -20 to MCX-20 for James McCully, in the vicinity of the old Puna Sugar Mill. 14. Bakeries: As a related issue, the Council minutes also includes discussion on why bakeries are listed in the ML and MG district but not the CG district or other commercial districts. There is no definition for bakeries in the County Code, how, -ver, in the CG and MCX district "retail establishments" are a listed as a permitted use, which would allow bakeries. Retail establishments, however, are not a permitted use in the ML district, unless retail sales are incidental and subordinate to any permitted uses. Possible reason for specifically listing bakeries in the ML district is to distinguish a small retail bakery from a primarily a manufacturing and wholesale bakery operation — like Holsum, which is making bread and other products on a larger scale. AGENCIES' COMMENTS 15. Fire Department (March 5, 2003 Memo): "We have no comments to offer at this time regarding the above -referenced County Council -Initiated Action. 16. Department of Public Works - Kona (March 3, 2003 Memo): "We have reviewed the subject application and have no comments or objections. "If you have any questions please contact Kiran Emler of our Kona office at 327-3530." 17. Department of Environmental Management (March 18, 2003 Memo): " We have reviewed the subject application and have no comments." AGENCIES — NO COMMENTS 18. Department of Public Works -Hilo, Department of Water Supply, Police, Tax Office, Health Department, and Department of Transportation -Hilo, and Honolulu. .tY os N BOBB7' JEAN LEI'TIIEAD- 1 ODD (nunnlnrernhri' .' �oTI O! M�Y OFFICE OF THE COUNTY COUNCIL ( ounnof Hcnruic Hauzu{ ( oann' Bufldatg '5 . Slreri IN(,, Hairaii 96720 February 13, 2003 TO: Council Chair James Y. Arakaki And !Members Of The Hawaii County Council FROM: Bobby Jean Lei thead-Todd, Council Member -� Photic: 961-8261 FAX 961-891' RE: Bill 47 (Draft 2). Relating to Zoning -- Permitted Uses in the Industrial Commercial Mixed Use (MCX) Zone District Attached for consideration is Bill 47 (draft 2) that adds permitted uses in the MCX district. Bill 47 (draft 2) i,, based on the motion made during the February 4, 2003 Planning Committee meeting. Thank you. Attachment EXHIBIT Comm. No. 11q.1^ File No, 1Tl�l Z N T►�Med j� Ref. To: �y Ref. Date FEB 4 9n--- nn 130B[3YJFANLFIhHFAD-h .,i) ( brrnabnewber COUNTY COUNCIL Cowl/, o/ 1 /anra('l 11n,1m , Comvr Pulho7c, 25 -I upmoi Sino Ililu. //an'uf 1 96720 February; 2003 FO: Fred Galdones, Chair Planning Commission FR: Bobby .lean Leithead-Todd, Chair 4//' Planning Committee Phone (808)961-8261 FAX: (808) 961-8912 R Communication No i 14, Bill No. 47 Relating to Permitted Uses in the Industrial -Commercial Mixed Use District At the February 4, 2003 planning Committee meeting, it was unanimously voted upon to refer the aforementioned bill to the Planning Commission as specified in Chapter 25 of the Hawaii Countv Code. For informational purposes. Bill No. 47 was drafted to include some permitted uses from the CG district into the MCX district. At today's Planning Committee meeting, we amended Bill No. 47 to include the non -habitable permitted uses found in the CG district: therefore, enclosed is Bill NO. 47, Draft 2 with the proposed amendments. Also enclosed is the transcript from today's meeting. Please feel free to call me at extension 8261 or Barbara I lashimoto at extension 8493 if VOL] have any questions. Thank you. enct. xc: Chris Yucn COUNTY OF HAWAII STATE OF HAWAII BILL NO 47 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO ZONING (PERMITTED USES IN THE INDUSTRIAL COMMERCIAL MIXED USE (MCX) DISTRICT) BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, Article 5, Division 13, Section 25-5-132, of the Hawaii County Code 1983 (1995 edition), is amended by adding the following to be appropriately alphabetized, numbered and to read as follows: "Section 25-5-132. Permitted Uses. (a) The following uses shall be permitted in the MCX district: (1) Adult day care centers. [(1)](2) Agricultural products processing, minor. [(2)](3) Amusement and recreation facilities, indoor. [(3)](4) Art galleries, museums. (5) Art studios. [(4)](6) Automobile sales and rental. [(5)](7) Automobile service stations. [(6)](8) Bars [and],nightclubs[.] and cabarets. [(7)](9) Broadcasting stations. [(8)1(l 0) Business services. 1(9)](I 1) Car washing. 1(10)] 1( 2) Catering establishments. [(1 1)] I( 3) Cemeteries and mausoleums, as permitted under chapter 6, article I of this Code. [(12)] 1( 4) Churches, temples and synagogues. [(13)] 1( 5) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. [(14)] 1( 6) Commercial parking lots and garages- [(15)1(17) arages_ [(15)] 1( 7) Community buildings, as permitted under section 25-4-11. [(16)] 1( 8) Convenience stores. (19) Crop production. [(17)] 2( 01 Data processing facilities. [(18)] 2( 1) Day care centers. (22) Display rooms for products sold elsewhere (23) Equipment sales and rental yards (24) Farmers markets. [(19))(25) _Financial institutions. [(20)] 2( 6) Food manufacturing and processing. (27) Home care. [(21)] 2( 8) Home improvement centers. (29) Ice storage and dispensing facilities [(22)] 3( 0) Kennels in sound-attenuated buildings. [(23)](3 1Laboratories, medical and research. (32) Laundries. [(24)] 3f 3) Manufacturing, processing and packaging establishments, light. [(25)] 3( 4) Medical clinics. [(26)] 3( 5) Meeting facilities. (37) Model homes. (38) Mortuaries. 1(27)] 3( 9) Motion picture and television production studios. [(28)1(40) _Offices. (41) Personal services. [(29)] 4( 2) Photographic processing. [(30)] 4( 3) Photography studios. [(31)] 4( 4) Plant nurseries. [(32)] 4( 5) Public uses and structures, as permitted under section 25-4-11. [(33)]4( 6) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(34)] 4( 7) Repair establishments, minor. [(35)] 4( 8) Restaurants. [(36)] 4( 9) Retail establishments. [(37)] 5( 0) Sales and service of machinery used in agricultural production. (51) Schools_ [(38)] 5( 2) Schools, business. [(39)] 5( 3) Schools, photography, art, music and dance. [(40)] 51 4) Schools, vocational. [(41)] 5( 5) Self-storage facilities. [(42)] 5( 6) Telecommunications antennas, as permitted under section 25-4-12. [(43)] 5( 7) Temporary real estate offices, as permitted under section 25-4-8. 1(44)] 5( 8) .Theaters. 1(45)] 5( 9) Utility substations, as permitted under section 25-4-11. 1(46)] 6( 0) Veterinary establishments in sound-attenuated buildings. [(47)] 6( 1) Warehousing. [(48)] 6( 2) _Wholesaling and distribution operations. SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. 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 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of I" Reading: Date of 2"a Reading: Effective Date: Pz HFE 1a; Comm. 114 " 1 INTRODUCED BY: Tom' COUNCIL MEMBER, COUNTY OF HAWAII 3 COMMITTEE ON PLANNING 4u, Session Hilo. Hawaii Tuesday, February 4, 2003 The meeting of the Committee on Planning was called to order at 3:10 p.m. in the Councilroom, Hawaii County Building, by Ms. Bobby .lean Lcithead-Todd, Chair. ATTENDANCE: Present: Ms. Bobby Jean Lcithead-Todd, Chair Mr. J. Curtis Tyler, 111, Vice Chair Mr. Jamcs Arakaki, Member Mr. Leningrad Elarionoff, Member Dr. Dred Holschuh, Member Mr. Joe Reynolds, Member Abscnt & Excused: Mr. Aaron S. Y. Chung, Member Mr. Hob Jacobson, Member Mr. t iary Safarik, Member Also Prescnt: Mrs. Evelyn M. Fujii, Council Services Supetvisor Ms. Barbara l lashimoto, Legislative Auditor Assistant II Ms. Karin K. Dahlgren, Council Services Assistant 11 CHR. LFITHF_AD-TODD: Good afternoon. Today is February 4, 2003. I'd like to call the Hawaii County Council's Committee on Planning's 4th Session to order. S_CA"DEMENTS_ The Chair called for statements from the public on items on the FROM THE agenda. PUBLIC ON ITEMS ON CHR. Lf`,I'1 I lI;.AD- TODD: We have no one "ho has signed up for THE AGENDA: statements from the public, so we'll go immediately to referrals. PC -4 February 4, 2003 REFERRALS The Chair directed the Committee to go to Relerrals: Comm. 114: AN ORDINANCE AMENDING CI IAPTER 25. OF THF. HAWAI'l (Rill 47) COUNTY CODF; 1983 (1995 EDITION), RELATING TO ZONING (PERMITTED USES IN THF INDUSTRIAL COMMERCIAL MIXED USF: (MCX) DISTRICT) (by adding the following: "All non-hahitahlc uses permitted in the CG district, except for residential uses in connection with the o Aeration of anv permitted use shall be permitted in the MCX-district.") From Council Member Bobby Jean Leithead-Todd, dated January 23, 2003, transmitting the above bit]. CI IR. LFI'FHEAD-TODD: At this time, do I have a motion to file Communication 114 and approve Bill 47? Mr. "Eyler moved to close file on Comm. 114 and recommend passage of Bill 47 on first reading. Seconded by Mr. F,larionoff. CHR. I.FJ ITIFAD-TODD: Moved and seconded. Discussion? Mr. Tvle:_ MR. I YLFR: Yeah, thank you, Madam Chair. In reviewing your proposal here, prior to today's meeting, it appears that if this language remains intact, that the following, that is currently allowed in CG but not allowed in MCX-- crop production; farmers markets; art studios; display rooms for products sold elsewhere; equipment sales and rental yards. home occupations; model home:: personal services: dwellings and lodgings --not allowed. right'? CI IR. LEFHFII AD -TODD: Well, not home occupations, because that would require having a home. MR. I YLER: Oh, okay, so that would be out. Okay, and then under "Recreation, entertainment indoors," would "cabarets." Under "Recreation outdoors." would be, with a use permit, "golf course and related uses" that's with a use permit --"neighborhood outdoor recreational facilities; neighborhood parks and playgrounds" --I don't know what those differences are "swimming pools; and tennis courts." And then under "Social and civic services," it would appear that "adult day care homes" would be habitable, so that wouldn't be included, right? Page 13C-4 February 4. 2003 CI IR. LE'ITHEAD-TODD: I'm not ---you know, when I think about that, it would probably be permitted because daycare centers, as long as it's just daytime: but overnight would not be allowed. MR. FYLER: Okay, so hospitals would be excluded; sanitariums would be excluded; old age convalescent nursing and rest homes would he excluded on this I,mguage. C'IIR. LEFFHIiAD-TODD: Yes. MR. TYLER: But mortuaries and schools would be permitted? CHR LEITHEAD-TODD: Yes. MR. TYLER: Yes. MR. TYLER: Okay, so that's ---did I miss something when I went through the Zoning C'ode'? CHR. I,EITHEAD-TODD: "Personal services, laundries, and ice storage" are al,o on the list. MR. INLE_R: I mentioned "personal services." Oh, "ice storage"? CHR. LEFFHFAD-'TODD: Would it he better, Mr. Tvler, ifwe had amended this to specifically list those rather than the catchall. "All nonhabitable uses"? MR. TYLER: Well, I would think so because then people would be better informed because most people don't have Chapter 25, nor do they have the summary. CHR. LFITHEAD-TODD: Okay, in this ---I might mention that because this is an amendment to the Zoning Code, we would have to send it downstairs to the Planning Director for his comment, and the Planning Commission. MR. TYLER: Yeah, and, you know, while I was looking at this, in addition to just looking at the CG going down to MCX, it's interesting to note at the same time that there's some uses permitted in MUX that would appear to be absolutely permitted in CG; but according to our Zoning Code, they're not. And then there's another one called "bakeries," which everyhod} knows about bakeries --some of us all too well which are only permitted in the Paoc PC -4 February 4, 2003 Industrial area, but they're not permitted in CO --obviously, that's not the question we're talking about here today; but it points out the flaw here, because, I think, most of our bakeries are in a CG area. I don't imagine they're using too many hazardous materials. We don't have tobacco kegs and things like that, so we'll probably be sale. But, :myway, Madam Chair, I would like to, with your concurrence, move to amend this bill to include the specific uses, instead of the blanket one, so that people would know specifically. Do you have any objection to that. before I make the motion? CHR. LEITIIEAD-TODD: No, and then I was thinking, I just realized, the motion after we approve it would be to send it downstairs. Go ahead, Mr. lvler. MR. I_YI.FR: Right, yeah, so Madam Chair, 1 move to delete the proposed new language at the bottom ofSection 1, to replace it withandI guess it would be arranged in alphabetical order. CI IR. LEI FIFAD-1'ODD: Yes. MR. TYLER: These various uses that are permitted in the CG; and 1 think it's important to note that ifyou were contemplating this is your bill-- contcmplating golf courses and related uses, you would need to know that those would require a use permit. I'm not sure I'd support that, "golf courses," but I don't know if that was your intention. CHR. LEITIJFAD- IODD: I was intending to do the permitted uses, as opposed to those uses that require a special permit. AMENDMENT: Mr. Tyler moved to amend Bill 47 by deleting proposed new language in Section 1, to include specific uses as listed; and refer the bill to the Planning Director and the Planning Commission for comments. Seconded by Mr. Reynolds. CIIR. LEITHFAD-TODD: Okay, Dr. f Iolschuh. DR. HOLSCHUH: Yeah, thank you, Madam Chair. 1 was just curious why this amendment came forward; what was the origin of this`? CHR. LEI'lHEAD-TODD: Well, some time ago when the /citing Code ran into difficulties because there had been a court case, we, in order to kind of Page 4 PC -4 February 4. 2003 validate it, we had to adopt it as a whole as it was, without making amendments, despite the fact that, I think, if many of us had been around the first time, there were amendments that we would have liked to have made; and I had made a commitment that I would do some amendments in the future. The reason that this one in particular came to my notice is, some time ago, we did a rezoning in Kona, recognizing that there's this changing nature of the old Industrial area; and Queen Lili`uokalani was coming up with a Limited Industrial next door, and they were saying, "Hey, things are changing." It's changing so that there's a mixture of commercial uses that people want to do in this area. So, we approved the rezoning; and I started looking at the Code, and I said, "You know, some ofthis stuffdoesn't make sense." I mean, you can do this here, but you can't do this here; and yet it didn't make sense that you can have an art gallery, but you can't have an art studio. And so I wanted to try and address it. and then I'm going to be, from time to time over the next two years_ bringing up additional amendments to try and get the rest of these to make a little bit more sense in terns of the types of uses that are permitted. DR_HOLSCHIIII: Thank you very much. Cl IR. LEffHI:AD= fODD: The motion on the floor is to amend with the written list that Mr. Eyler had mentioned. All those in favor of the amendment, please signify by saying "aye." I he motion to amend Sill 47 by deleting proposed new language in Section I, to include specific uses as listed: and refer the bill to the Planning Director and the Planning Commission for comments, was carried by the following vote: In favor: Committee Members Arakaki, Flarionoff. Holschuh_ Reynolds, Tyler, and Chr. Leithead-Todd Opposed: None Absent & Excused: Committee Members Chung, Jacobson_ and Satarik CHR. LEITHFAD-TODD: Motion is carried. We're now on the main motion. MR. TYLER: Madam Chair, do 1 need to withdraw that motion and then --- Page 5 PC -4 February 4, 2003 CHR. LEI fHEAD=TODD: No, I think it's understood that because it's Council initiated, it just automatically goes downstairs. MR. I'YLER: 1 don't need a motion for that, because it's part of Chapter 25, okay. Cl IR, I.FI_I HFAD-TODD: So, all those in favor of the main motion, please signily by saying "aye." The motion to close file on Comm. 114 and to recommend approval of Bill 47 as amended to Draft 2, and to refer it to the Planning Director and Planning Commission, was carried by the following vote: In favor: Committee Members Arakaki, Elarionoff, Holschuh, Reynolds,'Tyler, and Chr. Leithead=Todd Opposed: None Absent & Excused: Committee Members Chung, Jacobson, and Safarik CHR. LEITHF,AD-TODD: Motion is carried. We'll be sending this down to the Planning Director and the Planning Commission for them to review; and at that time, I think, I'm going to raise the issue with them of whether ---we don't have a definition of "bakeries," and what was intended. Because I have a lot of bakeries that arc in General Commercial areas and it's malting me think that, gee, are they all illegal now, you know? They're grandfathered, Obviously, but that would mean that somebody might have difficulty opening a new one. So, thank you very much for your indulgence. I will have more bills in the future. as I try to go through this in small, manageable bites. STATEMENTS The Chair called for statements from the public on items not on FROM THE the agenda. PUBLIC ON ITEMS NOT ON (There were no statements from the public.) TI IE AGENDA: CHR. I,EITI IEAD_ TODD: There being no other items on our agenda, is there a motion to adjourn. Page 0 PC -4 February 4, 200 1 ADJOURNMENT: There being no further business, at 3:20 p.m., Mr. 'Iy1er moved that the meeting be adjourned. Seconded by Mr. F.larionoff and carried by the following vote: In favor: Committee Members Arakaki, Elarionoff, 1lolschuh, Reynolds, I'ylcr, and Chr. Leithead=Todd Opposed: None Absent & Fscused: Committee Members Chung, Jacobson, and Safarik CHR. LEITH EAD-TODD: Motion is carried. Thank you. Meeting is adjourned. Approved Ms. Bobby Jean Leithead-J odd CHAIR Council Services Asst. 11 Paee 7 =�♦�,, m . �` 0 a i 0 r Division 11. CG, General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial) district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district - (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. M (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crop production. (21) Day care centers. (22) Display rooms for products sold elsewhere. (23) Dwellings, double -family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (24) Dwellings, multiple -family, provided that the maximum der, situ shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (25) Dwellings, single-family. (26) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (27) Family child care homes. (28) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (29) Financial institutions. (30) Group living facilities. (3 1) Home occupations, as permitted under section 25-4-13. (32) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. A (33) Hotels. (34) Ice storage and dispensing facilities. (35) Laboratories, medical and research. (36) Laundries. (37) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (38) Medical clinics. (39) Meeting facilities. (40) Model homes, as permitted under section 25-4-8. (41) Mortuaries. (42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. (44) Personal services. (45) Photography studios. (46) Public uses and structures, as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Telecommunication antennas, as permitted under section 25-4-12. (53) Theaters. (54) Time share units. (55) Utility substations, as permitted under section 25-4-11. (56) Veterinary establishments. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CG district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (3) Major outdoor amusement and recreation facilities. (4) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG district. (d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-113. Height limit. (a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsection (b) below. (b) The height limit in the City of Hilo shall be one hundred twenty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2002, Ord. No. 02-88, sec. 2.) Section 25-5-114. Minimum building site area. The minimum building site area in the CG district shall be seven thousand five hundred square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-117. Landscaping of yards. (a) All front yards in the CG district shall be landscaped, except for necessary access drives and walkways. (b) Where any required side or rear yard in the CG district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-118. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CG district. (b) Exceptions to the regulations for the CG district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Division 13. MCX, Industrial -Commercial Mixed Districts Section 25-5-130. Purpose and applicability. The purpose of the MCX (industrial -commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. 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. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-131. Designation of MCX districts. Each MCX (industrial -commercial mixed use) district shall be designated by the symbol "MCX" followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars and nightclubs. (7) Broadcasting stations. (8) Business services. (9) Car washing. (10) Catering establishments. (11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (12) Churches, temples and synagogues. (13) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (14) Commercial parking lots and garages. (15) Community buildings, as permitted under section 25-4-11. (16) Convenience stores. (17) Data processing facilities. (18) Day care centers. (19) Financial institutions. (20) Food manufacturing and processing. (21) Home improvement centers. (22) Kennels in sound -attenuated buildings. (23) Laboratories, medical and research. (24) Manufacturing, processing and packaging establishments, light. (25) Medical clinics. (26) Meeting facilities. (27) Motion picture and television production studios. (28) Offices. (29) Photographic processing. (30) Photography studios. (3 1) Plant nurseries. (32) Public uses and structures, as permitted under section 25-4-11. (33) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (34) Repair establishments, minor. 1 i • (35) Restaurants. (36) Retail establishments. (37) Sales and service of machinery used in agricultural production. (38) Schools, business. (39) Schools, photography, art, music and dance. (40) Schools, vocational. (41) Self -storage facilities. (42) Telecommunications antennas, as permitted under section 25-4-12. (43) Temporary real estate offices, as permitted under section 25-4-8. (44) Theaters. (45) Utility substations, as permitted under section 25-4-11. (46) Veterinary establishments in sound -attenuated buildings. (47) Warehousing. (48) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MCX district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-133. Height limit. The height limit in the MCX district shall be forty-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-134. Minimum building site area. The minimum building site area in the MCX district shall be twenty thousand square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-135. Minimum building site average width. Each building site in the MCX district shall have a minimum building site average width of ninety feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-136. Minimum yards. The minimum yards in the MCX district shall be as follows: (1) Front yards, twenty feet; and (2) Side and rear yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-137. Landscaping of yards. (a) All front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. (b) Any required side or rear yard in the MCX district adjoining a building site in an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-138. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the MCX district. (b) Exceptions to the regulations for the MCX district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) 4 M • Division 14. ML, Limited Industrial Districts. Section 25-5-140. Purpose and applicability. The ML (limited industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-141. Designation of ML districts. Each ML (limited industrial) district shall be designated by the symbol "ML" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-142. Permitted uses. (a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Animal hospitals. (4) Animal quarantine stations. (5) Aquaculture activities. (6) Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (8) Automobile service stations. (9) Bakeries. (10) Bars. (11) Broadcasting stations. (12) Car washing. (13) Carpentry, hardwood products and furniture manufacturing and storage establishments. (14) Catering establishments. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (16) Churches, temples and synagogues. (17) Cleaning and dyeing plants. M t' (18) Commercial parking lots and garages. (19) Community buildings, as permitted under section 25-4-11. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (21) Day care centers. (22) Financial institutions. (23) Food manufacturing and processing facilities. (24) Greenhouses, plant nurseries. (25) Heavy equipment sales, service and rental. (26) Home improvement centers. (27) Junkyards, provided that the building site is not less than one acre in area. (28) Laboratories, medical and research. (29) Laundries. (30) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (3 1) Manufacturing, processing and packaging establishments, light. (32) Motion picture and television production studios. (33) Photographic processing. (34) Plumbing, electrical, air conditioning and heating establishments. (35) Public uses and structures, as permitted under section 25-4-11. (36) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (37) Recycling centers, which do not involve the processing of recyclable materials. (38) Repair establishments, minor. (39) Restaurants. (40) Self storage facilities. (41) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (42) Telecommunication antennas, as permitted under section 25-4-12. (43) Temporary real estate offices, as permitted under section 25-4-8. (44) Transportation and tour terminals. (45) Truck, freight and draying terminals. (46) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (47) Utility substations, as permitted under section 25-4-11. (48) Veterinary establishments. (49) Vocational schools. (50) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. (5 1) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or e•plosive products. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the ML district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) The following uses may be permitted in the ML district as incidental and subordinate to any permitted use: (1) Living quarters for watchmen or custodians in connection with the operation of any permitted use. (2) Retail sales. (3) Services for persons working in an ML district which are conducted within an integral part of a main structure with entrances from the interior of the building and which have no display or advertising visible from the street. (d) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the ML district. s (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-143. Height limit. The height limit in the ML district shall be forty-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-144. Minimum building site area. The minimum building site area in the ML district shall be ten thousand square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-145. Minimum building site average width. Each building site in the ML district shall have a minimum building site average width of seventy-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-146. Minimum yards. Minimum yards in the ML district shall be as follows: (1) Front yard, fifteen feet; and (2) Side and rear yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-147. Other regulations. (a) All front yards in the ML district shall be landscaped, except for drives and walkways. (b) Where any required side or rear yard in the ML district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, along the side or rear property lines so adjoining, except for necessary drives and walkways. (c) Plan approval shall be required for all new structures and additions to existing structures in the ML district. (d) Exceptions to the regulations for the ML district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)