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Home My WebLink AboutBIL 159 Draft 02 2004-2006 Mtr os ti~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 159 Draft 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OP THE HAWAII COUNTY CODE 1983 (2005 EDITION), RELATED TO PLAN APPROVAL AND LANDSCAPING. BE IT ORDAINED BY THE COUNCIL OP TILE COUNTY OP HAWAI`l: SECTION 1 . Purpose and Findings. 'l~he Council finds that the Zoning Code does not require Plan Approval and Landscaping for the construction of one single-family dwelling and accessory buildings on a lot in the Single-Family Residential (RS) zoning district. However, the Zoning Code requires Plan Approval and Landscaping for all new buildings and additions to existing buildings (including one single-family dwelling and accessory buildings) in the following zoning districts: Double-Family Residential (RD), Multiple-Family Residential (RM), Residential-Commercial Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN), General Commercial (CG), Village Commercial (CV), and Downtown Hilo Commercial District (CDI1). The purpose of this amendment is to delete the requirements of Plan Approval and Landscaping for the construction of one single-family dwelling and accessory buildings on a lot in those zoning districts. Recently, there have been many single-family dwellings constructed and/or proposed to be constructed in the Multiple-Family Residential (RM) and Resort-Hotel (V) zoning districts. Pertinent requirements for asingle-family dwelling and accessory structures at the Building Permit level is similar to that requested for Plan Approval, including landscaping; and as such, the construction plans can be reviewed at the Building Permit level. If further information is required, the applicant could rellect those on the required plot plan and construction plans. Plan Approval is the mechanism by which the Landscaping requirements are administered and enforced. Ilowcver, we do not think it is necessary to regulate landscaping around one single-family dwelling and accessory buildings on a lot. Therefore, the requirements of Plan Approval and Landscaping is a duplication of effort and it is unnecessary to have this further level of review ibr the construction of one single-family dwelling and accessory buildings on a lot. St?CTION 2. Chapter 25, article 2, division 7, subsection 25-2-71(a), Hawaii County Code ] 983 (2005 Edition) is amended to read as follows: "(a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and [A districts[.] and except for the construction of one sin~le- family dwelling and env accessory buildings uer lot." SECTION 3. Chapter 25, article 5, division 2, subsection 25-5-27(c), Hawaii County Gode 1983 (2005 Edition) is amended to read as follows: `(c) Plan approval shall be required for all new buildings and additions to existing buildings in the RD district ~ except for construction of one single-family dwelling and env accessory buildings per lot.' 2 SECTION 4. Chapter 25, article 5, division 3, section 25-5-37, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "Section 25-5-37. Landscaping. Landscaping shall be provided on a minimum of twenty percent of the total land area of any building site in the RM district[.], except for lots containing only one single- family dwelling and accessory buildings. Parking areas shall not be included within the area required for landscaping on any building site." Si?CTION 5. Chapter 25, article 5, division 3, subsection 25-5-38(c), Hawaii County Code 1983 (2005 T:dition) is amended to read as follows: "(c) Plan approval shall be required for all new buildings and additions to existing buildings in the RM district except for construction of one single-family dwelling and any accessory buildings per lot." SECTION 6. Chapter 25, article 5, division 4, section 25-5-47, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "Section 25-5-47. Landscaping. Landscaping shall be provided on a minimum of twenty percent of the total land area of any building site in the RCX district[. ~ except for lots containing only one single-family dwelling and accessory buildings. Parking areas shall not be included within the area required for landscaping on any building site." SECTION 7. Chapter 25, article 5, division 4, subsection 25-5-49(c), Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "(c) Plan approval shall be required for all new buildings and additions to existing 3 buildings in the RCX district ~.J except for construction of one single-family dwellin a~ nd any accessory buildings per lot." SEC"PION 8. Chapter 25, article 5, division 9, section 25-5-97, Hawaii County Code ] 983 (2005 Edition) is amended to read as follows: "Section 25-5-97. Landscaping. Landscaping shall be provided on a minimum of twenty percent of the total land area of any building site in the V district~.~, except for lots containing only one single-family dwelling and accessory buildings. Parking areas shall not be included within the area required for landscaping on any building site." SF,CT'ION 9. Chapter 25, article 5, division 9, subsection 25-5-98(c), Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "(c) Plan approval shall be required for all new structures and additions to existing structures in the V district ~ except for construction of one single-family dwelling and any accessory buildings per lot." SEC"170N 10. Chapter 25, article 5, division 10, section 25-5-107, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "Section 25-5-107. Landscaping of yards. (a) All front yards in the CN district shall be landscaped, except for necessary access drives and walkways~.~ and except for the construction of one single-family dwelling, and accessory buildings per lot. (b) Where any required side or rear ,yard in the CN 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 4 drives and walkways.] and except for the construction of one single-family dwelling and accessory buildings~er lot." SEC"PION 1 1. Chapter 25, article 5, division 10, subsection 25-5-] 08(b), Hawaii County Code 1983 (2005 Edition) is amended to read as follows: `'(b) Plan approval shall be required for all new structures and additions to existing structures in the CN district ~ . ~ except for construction of one single-family dwelling and any accessory buildings per lot." SEC"f10N 12. Chapter 25, article 5, division ll, section 25-5-117, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "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[.] and except for the construction of one single-family dwelling and accessory buildings per lot. (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 Che property line, except for necessary drives and walkways[.] and except for the construction of one single-family dwellin and accessory buildingper lot." SECTION 13. Chapter 25, article 5, division 11, subsection 25-5-118(a), Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "(a) Plan approval shall he required for all new structures and additions to existing structures in the CG district except for construction of one single-family dwelling and any accessory buildings per lot." 5 SECTION 14. Chapter 25, article 5, division 12, section 25-5-127, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "Section 25-5-127. Landscaping of yards. (a) nll front yards in the CV district shall be landscaped, except for necessary access drives and walkways. and except for the construction of one single-family dwelling and accessory building per lot. (b) Where any required side or rear yard in the CV 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. ~ and except for the construction of one single-family dwelling and accessory buildingper lot." SECTION 15. Chapter 25, article 5, division 12, subsection 25-5-128(a), Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "(a) Plan approval shall be required for all new structures and additions to existing structures in the CV district ~ cxce~t for construction of one single-family dwelling and any accessory buildings per lot." SI?CTION 16. Chapter 25, article 7, division 27, section 25-7-27, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "Section 25-7-27. Other regulations. Plan approval is required for all new structures and additions to existing structures in the CDH district except for construction of one single-family dwelling and any accessory buildings per lot." 6 SECTION 17. 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 18. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SEC"I'iON 19. 'this ordinance shall take effect upon its approval. IN"PRODUCED BY: ~ COUNCIL M ER, COUNTY O HAWAII ~ ~ . COUNCI. M BEK, CO Y OF'~HAWAI Hawaii Datc of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 466.1 7