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Home My WebLink AboutORD 2005-155 2004-2006 MYY Oi h L~ lily COUNTY OF HAWAII STATE OF HAWAII .~•a....•.+••.••: ryo.,.. BILL NO. 159 Draft 2 ORDINANCE NO. 05 155 AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), RELATED TO PLAN APPROVAL AND LANDSCAPING. BE IT ORDAINED BY THE COUNCIL OF "THE COUNTY OF fIAWAI`I: SECTION 1. Purpose and Findings. The Council finds that the Zoning Codc 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-Fvnily Residential (RM), Residential-Commercial Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN), General Commercial (CG), Village Commercial (CV), and Downtown Hilo Commercial District (CDH). 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-I Iotel (V ) coning 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 reflect those on the required plot plan and construction plans. Plan Approval is the mechanism by which the Landscaping requirements are administered and enforced. However, 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 for the construction of one single-family dwelling and accessory buildings on a lot. SECTION 2. Chapter 25, article 2, division 7, subsection 25-2-71(a), Hawaii County Code 1983 (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 IA districts[.], and except for the construction of one sinale- family dwelling and any accessory buildings per lot." SECTION 3. Chapter 25, article 5, division 2, subsection 25-5-27(c), Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "(c) Plan approval shall be required for al] new buildings and additions to existing buildings in the RD district except for construction of one single-family dwellint; and any 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." SECTION 5. Chapter 25, article 5, division 3, subsection 25-5-38(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 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), I [awai'i 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 except for construction of one single-family dwellin ag nd any acecssory buildings per lot." SECTION 8. Chapter 25, article 5, division 9, section 25-5-97, Hawaii County Code 1983 (2005 Edition) is amended to read as follows: "Section 25-5-97. Landscaping. Landscaping shal I 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." SECTION 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." SECTION 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 accessorv buildings per lot." SECTION 11. Chapter 25, article 5, division 10, subsection 25-5-108(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," SECTION 12. Chapter 25, article 5, division 11, 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~.J 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 the property line, except for necessary drives and walkways[.] and except for the construction of one single-family dwelling accessorv buildings_per lot." SECTION 13. Chapter 25, article 5, division 1 1, subsection 25-5-118(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 CG district except for construction of one sin family dwellint; and any accessorv 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) All 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 buildings 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 fect of the properly line, except for necessary drives and walkways[.], and except for the construction of one single-family dwelling and accessory buildings per 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 except for construction of one single-family dwelling and any accessory buildings per lot." SECTION 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 he included. SIsCTiON l8. 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. INTRODUCED BY: c,~~~ COUNCII, M ER, COUNTY O ~ HAWAI`I - ~ / COUNCIL M BF,R, CO Y OF;HAWAI - Hilo ,Hawaii Date oflntroduction: November 9, 2005 Date of 1st Reading: November 9, 2005 Date of 2nd Reading: November 22, 2005 Effective Date: December 2, 2005 REPEREh1CE: Comm. 466.1 7 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: K. Angel Pilago/Pete Hoffmann .;,R;bLL CA~..~.~,V~i?-'TE° Date Introduced: November 9, 2005 AYES NOES ABS EX First Reading: November 9, 2005 Arakaki X Published: N/A Higa X Hoffmann X _ i REN>ARKS: _ _ Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X - 8 0 1 0 Second Reading: November 22, 2005 _ I'o Mayor: November 23, 2005 ROLL CALL VOTE Returned: December 2. 2005 AYES NOBS ABS EX Effective: December 2. 2005 Arakaki X Published: December 9, 2005 Higa K Hoffmann X REMARKS: Holschuh X Ikeda X i Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 l UO HEREBY CERTIFY that the foregoing BILL was adopted by the Counry Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUT CORPORATIO COUNSEL ~~j,~,!,=~-,G-C-KJ /l COUNTY OF HAWAII NOV 3 ~ 2005 couNrv ccERx Date 159 (Draft 2) Bill No.: r~ C-466.1/PC-39 Approve Disapproved thfs day Reference: Ord No.: ~5 155 _ q 372CCr~b~( , 20 0 S ry C- MAYOR C'4 N YOFFIAWA77