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Home My WebLink AboutORD 2005-068 2004-2006 COUNTY OF HAWAII. STATE OF HAWAII DRAFT -12/7/04 BILL NO. _ 6a ORDINANCE NO. a5 68 AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE RELATING TO USES WITHIN THE GENERAL INDUSTRIAL (MG) DISTRICT. BE IT ORDAINED BY THE COUNTY OF THE COUNTY OF HAWAII: SECTION 1. Purpose and Findings. The County Council finds that commercial excavation is not stated as an allowable use within any of the zoning district. The purpose of this bill is to allow the expansion of an existing commercial excavation operation within the General Industrial (MG) district provided that plan approval is secured from the Planning Director. This bill will also allow the establishment of new commercial excavation operations within the MG district provided that a Use Permit is obtained from the Planning Commission SECTION 2. Section 25-5-152 (a) of Chapter 25, Hawaii County Code is amended as follows: "Section 25-5-152. Permitted uses. (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) Animal hospitals. (4) Animal quarantine stations. (5) Animal sales, stock, and feed yards. (6) Aquaculture activities and facilities (7) Automobile and truck storage facilities. (8) Automobile body and fender establishments. (9) Automobile service stations. (10) Bakeries. (ll) Bars. (12) Breweries, distilleries, and alcohol manufacturing facilities. (13) Broadcasting stations. (14) Bulk storage of flammable products and bulk storage of explosive products. (15) Car washing. (16) Catering establishments. (17) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (18) Churches, temples and synagogues. (19) Cleaning and dyeing plants. (20) Commercial parking lots and garages. (21) Community buildings, as permitted under section 25-4-1 I. (22) Concrete or asphalt batching and mixing plants and yards. (23) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (24) Day care centers. (25) Dumping, disposal, incineration, or reduction of refuse or waste matter. Expansion of an existing comtnercial excavation oneration, provided that plan approval is secured from the director. {(26j] ~ Fabricating establishments. 28 Fertilizer manufacturing plants. {(28)] ~ Financial institutions. {{2s1)] ~ Food manufacturing and processing facilities. {E38)] 31 Freight movers. {(34)] 32 Greenhouses, plant nurseries. {(3i)] ~ Heavy equipment sales, service and rental. {{33)] ~ Home improvement centers. {{34)] ~ Junkyards. {~3~)] ~ Kennels. {f36)] ~ Laboratories, medical and research. {{3-7)] 38 Laundries. {F38-}] ~ Lava rock or stone cutting or shaping facilities. {E39)] ~ Lumberyards and building material yards. {(49)] ~ Machine, welding, sheet metal, and metal plating and treating establishments. {{4~)] ~ Manufacturing, processing and packaging establishments, light and general. {{42)] 43 Marine railways, drydocks, and ship or boat yards. {(43)] 44 Motion picture and television production studios. {{44)] ~ Photographic processing. {{45)] ~ Public dumps. {(4Fij] 47 Public uses and structures, as permitted under section 25-4-11. -2- {{4~~] 48 Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. {{-0$)] 49 Recycling centers. {{44J] 50 Reduction, refining, smelting, or alloying of metals, petroleum products or ores. {{39)] ~ Repair establishments, major and minor. {(3-1-j] ~ Restaurants. {{3~~] ~ Saw mills. {fS3~] ~ Self storage facilities. {{54)] ~ Slaughterhouses. { f 33~] ~ Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. {(3C~] 57 Storage, curing, or tanning of raw, green, or salted hides or skins. {(57j] ~ Telecommunication antennas, as permitted under section 25-4-12. {(38j] 59 Temporary real estate offices, as permitted under section 25-4-8. {(39j] ~ Transportation and tour terminals. {{HOj] ~ Truck, freight and draying terminals. {fH~j] ~ Utility facilities, public and private, including power plants, offices or yards for equipment, material, vehicle storage, repair or maintenance. ~ Utility substations, as permitted under section 25-4-11. {(H3)] ~ Veterinary establishments. {((4)] ~ Warehousing. ~ Wholesaling and distribution, including the storage of incidental materials and equipment. 67 Yacht harbors and boating facilities. (b) In addition to those uses permitted under subsection (a) above, the following uses maybe permitted in the MG district, provided that a use permit is issued for each use: Commercial excavation. ~ Crematoriums. {{2-}} ~ Major outdoor amusement and recreation facilities. (c) Any other use not otherwise permitted in subsection (a) that relates to the manufacturing, transportation, processing, assembling, distributing, repairing, and storage of goods, products, or materials, shall be permitted in the MG district. (d) The following uses shall be permitted in the MG district as incidental and subordinate to any permitted use: (I) Living quarters for watchmen or custodians in connection with the operation of any permitted usc. (2) Retail sales. (3) Services for persons working in an MG 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. -3- (e) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MG district." SECTION 3. 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 4. Severability. If any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which an be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED Y: i COUNCIL ME ER, COUNTY O HAWAII INTRODUCED BY: -F: COUNCIL ME BER, COUN FHA AI`I Hilo, Hawaii Date of Introduction: April 20, 2005 Date of ls` Reading: April 20, 2005 Date of 2"d Reading: May 4 , 2005 Effective Date: May 16, 2005 i.,.i~~i;..~d~.~.~: ~orcm. 17,x.,,.«, -4- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii - ~ Introduced By: K.Ange1 Pilago/Pete Hoffmanc ~R' LL CA LVOTE~ Date Introduced: April 20, 2005 AYES NOES ABS EX First Reading: April 20, 2005 Arakaki X Published: N/A Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X B 0 1 0 Second Reading: May 9, 2005 To Mayor: May 6, 2005 ROLL CALL VOTE Returned: May 17, 2005 AYES NOES ABS EX Effective: May 16, 2005 Arakaki X Published: May 22, 2005 Higa X Hoffmann X REMARK.S~ Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 1 DO HEREBY CERTIFY that lhe.(oregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: ' COUNCIL CHA/RMAN DEPUTY CORPORATION COUNSEL ~ ~~r ~ . COUNTY OF HAWAII ~~~Cil CO UNTY CLERK ~ Date - 69 ~ Bill No.: pprave Disapproved this day C-176/PC-17 Reference: pp of M M , 2p d 5 Ord No.: ~5 6G7 (ice AYOR, C J NTY OF HAWA17