HomeMy WebLinkAboutBIL 165 Draft 01 2006-2008 M<v Oe N~/
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. >_6s
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL
ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Purpose. The purpose of this ordinance is to provide greater scrutiny over
the establishment of large department stores that include a grocery section-defined as
"superstores" in this ordinance-by limiting them to a new zoning district, the "Superstore"
district.
SECTION 2. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a definition for "groceries" to read as follows:
"'Groceries' means food and drink for human consumption, including beer, wine, and
liquor.
SECTION 3. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is amended by amending the definition for "Retail establishment" to read as
follows:
""Retail establishment" means an establishment which sells commodities
or goods to the consumer and may include display rooms and incidental
manufacturing of goods for retail sale on premises only. Typical retail
establishments include convenience stores, grocery and specialty food stores,
general department stores, drug and pharmaceutical stores, hardware stores, pet
shops, appliance and apparel stores, tour, travel and ticket agencies and other
similar retail activities. The term does not include open storage yards for new or
used building materials, yards for scrap, salvage operations for storage or display
of automobile parts, service stations, repair garages, [er] veterinary clinics and
hospitals, or `superstores' as defined in this section. `Superstores' shall be
permitted only in the `Superstore' zoning district."
SECTION 4. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new definition for "Stockkeeping Unit" or "SKU"
to read as follows:
""Stockkeeping Unit" or "SKU" means an identifier that is used by
merchants for the systematic tracking of products and services offered to
customers, including, but not limited to Universal Product Code (UPCI barcodes,
European Article Number (EAN) barcodes, and Global Trade Item Number
(GITNl tracking numbers."
SECTION 5. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new definition for "Superstore" to read as follows:
""Superstore" means a business exceeding 90,000 gross square feet,
offering for sale more than 25,000 different stockkeeping units, and dedicating
more than 20,000 gross square feet of floor area to the sale of groceries, counting
the floor area occu
ip'ed by shelves and aisles."
SECTION 6. Chapter 25, article 3, subsection 25-3-1(a) , Hawaii County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25-3-1. Designation of districts.
(a) The zoning districts of the County shall consist of the following districts:
(1) RS, single-family residential districts (article 5, division 1).
(2) RD, double-family residential districts (article 5, division 2).
(3) RM, multiple-family residential districts (article 5, division 3).
(4) RCX, residential-commercial mixed use districts (article 5, division 4).
(5) RA, residential and agricultural districts (article 5, division 5).
(6) FA, family agricultural district (article 5, division 6).
(7) A, agricultural districts (article 5, division 7).
(8) IA, intensive agricultural districts (article 5, division 8).
(9) V, resort-hotel districts (article 5, division 9).
(10) CN, neighborhood commercial districts (article 5, division 10).
(11) CG, general commercial districts (article 5, division 11).
(12) CV, village commercial districts (article 5, division 12).
(13) MCX, industrial-commercial mixed use districts (article 5, division 13).
(14) ML, limited industrial districts (article 5, division 14).
(15) MG, general industrial districts (article 5, division 15).
(16) O, open districts (article 5, division 16).
(17) [Special districts (articles 6 and 7)] S, Superstore districts (article 5, division 171.
(18) Special districts (articles 6 and 7Z
SECTION 7. Chapter 25, article 4, subsection 25-4-51(a) , Hawaii County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"'Section 25-4-51. Required number of parking spaces.
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(a) The number of parking spaces for each use shall be as follows:
(1) Bed and breakfast establishments: one for each guest bedroom, in addition to one for the
dwelling
unit.
(2) Bowling alleys: four for each alley.
(3) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX, S V, RA, FA,
A and
IA districts: one for each three hundred square feet of gross floor area.
(4) Day care centers: one for each ten care recipients of design capacity or one for every two
hundred
square feet of gross floor area, whichever is greater.
(5) Dwellings, multiple-family: one and one quarter for each unit.
(6) Dwellings, single-family and double-family or duplex: two for each dwelling unit.
(7) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor area.
(8) Golf courses: four for every hole.
(9) Hospitals: one for each bed.
(10) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units;
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
(11) Industrial uses in ML, MG, MCX, S RA, FA, A and IA districts: one for each four hundred
square
feet of gross floor area.
(12) Laundromats, cleaners (coin operated): one for every four machines.
(13) Major outdoor amusement and recreation facilities: one for each two hundred square feet of
gross
floor area within enclosed buildings, plus one for every three persons that the outdoor facilities
are
designed to accommodate when used to the maximum capacity.
(14) Meeting facilities, including churches: one for each seventy-five square feet of gross floor
azea.
(15) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every
two beds.
(16) Parks: as determined by the director.
(17) Recreation facilities, outdoor or indoor, other than herein specified: one for each two
hundred
square feet of gross floor azea, plus three per court (racquetball, tennis or similaz activities).
(18) Rooming and lodging houses, religious, fraternal or social orders having sleeping
accommodations:
one for each two beds.
(19) Schools (elementary and intermediate): one for each twenty students of design capacity,
plus one for each four hundred square feet of office floor space.
(20) Schools (high, language, vocational, business, technical and trade, college): one for each ten
students of design capacity, plus one for each four hundred square feet of office floor space.
(21) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(22) Swimming pools (community): one for each forty square feet of pool area.
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(23) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for
each one thousand square feet of gross floor azea."
SECTION 8. Chapter 25, article 5, section 25-4-54, Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (c) to read as
follows:
"Section 25-4-54. Standards and improvements to off-street parking spaces.
(a) All parking spaces shall be arranged so as to be individually accessible.
(b) Except for one duplex dwelling or two single-family dwellings on any single building site,
access to any individual parking space shall not be directly from or to a street but must be
reached from an on-site access driveway of proper design and width to allow for passage of
vehicles and necessary turning movements.
(c) In V, CN, CG, CV, MCX, S ML, MG, RD, RM and RCX districts, parking spaces shall be
paved.
(d) For any permitted use in the RS, RA, FA, A or IA districts, the pavement of parking spaces is
not required, and any material maybe used for the parking spaces that will eliminate erosion,
mud and standing water.
(e) For any parking space containing a building column, that column may intrude six inches into
the required width, provided that the building column shall not be located at the entry of the
parking space. A wall shall not be considered a building colLmm."
SECTION 9. Chapter 25, article 5, Hawaii County Code 1983 (2005 Edition, as
amended), is amended by adding a new division to read as follows:
"'Division 17. S, Superstore Districts.
Section 25-5-168. Purpose and applicability.
(a) The purpose of the S (superstore) district is to provide the appropriate
locations for large department stores that are combined with grocery departments,
in a single building.
(b) An S district maybe established by a change of zone from an area
within a CG or MCX district, or by change of zone within any other azea where
CG or MCX zoning would be consistent with the General Plan.
Section 25-5-169. Designation of S districts.
Each S (superstore) district shall be designated by the symbol "S"
followed by a number which indicates the minimum building site area, in
thousands of squaze feet, required for each building site.
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Section 25-5-170. Minimum land area required.
The minimum land area required for an S district shall be 15 acres.
Section 25-5-171. Permitted uses.
(a) The following uses shall be permitted uses in the S district:
(1) Amusement and recreation facilities, indoor.
(2) Art galleries, museums.
(3) Art studios.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars, nightclubs and cabarets.
(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) Commercial parking lots and garages.
(14) Community buildings, as permitted under section 25-4-11.
(15) Convenience stores.
(16) Data processing facilities.
(17) Display rooms for products sold elsewhere.
(18) Farmers markets.
(19) Financial institutions.
(20) Food manufacturing and processing.
(21) Home improvement centers.
(22) Ice storage and dispensing facilities.
(23) Laboratories, medical and research.
(24) Laundries.
(25) Manufacturing, processing and packaging establishments, light.
(26) Medical clinics.
(27) Meeting facilities.
(28) Model homes.
(29) Mortuaries.
(30) Motion picture and television production studios.
(31) Offices.
(32) Personal services.
(33) Photographic processing.
(34) Photography studios.
(35) Plant nurseries.
(36) Public uses and structures, as permitted under section 25-4-11.
(37) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and
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duplicating processes such as blueprinting or photostating shops.
(38) Repair establishments, minor.
(39) Restaurants.
(40) Retail establishments.
(41) Sales and service of machinery used in agricultural production.
(42) Schools, business.
(43) Schools, photography, art, music and dance.
(44) Schools, vocational.
(45) Self-storage facilities.
(46) Superstores.
(47) Telecommunications antennas, as permitted under section 25-4-12.
(48) Temporary real estate offices, as permitted under section 25-4-8.
(49) Theaters.
(50) Utility substations, as permitted under section 25-4-11.
(51) Veterinazy establishments in sound-attenuated buildings.
(52) Wazehousing.
(563) Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above, the following uses maybe
permitted in the S 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 S district.
Section 25-5-172. Height limit.
The height limit in the S district shall be forty-five feet.
Section 25-5-173. Minimum building site area.
The minimum building site area in the S district shall be twenty thousand squaze feet.
Sectiou 25-5-174. Miuimum building site average width.
Each building site in the S district shall have a minimum building site average width of ninety
feet.
Section 25-5-175. Minimum yards.
The minimum yards in the S 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 yazd 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.
Section 25-5-176. Landscaping of yards.
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(a) All front yards in the S district shall be landscaped, except for necessary access drives and
walkways.
(b) Any required side or reaz yard in the S 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 necessazy drives and walkways.
Section 25-5- 177. Other regulations.
Plan approval shall be required for all new structures and additions to existing structures in the S
district."
SECTION 10. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 11. 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 that can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declazed to be severable.
SECTION 12. This ordinance shall take effect upon its approval.
INTRODUCED BY:
i
a
COUNCIL MEM R, COUNT OF HA AI`I
Hawaii
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
REFERL-NCF: Comm. 63,
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