HomeMy WebLinkAboutCOM 0634.009 2006-2008 Brenda J. Ford " . Phone No.: (808) 326-5684
Counci[Member Fax Na.: (808) 329-4786
Distrid 7-Centro[%na E-Mail: bford@co.hawau.hi.us
~
HAWAII COUNTY COUNCIL
County of Hawaii
Kailua Trade Center
75-5706Hanama Place, Suite l09
Kailua-Kona, Hawaii 96740
DATE: September 17, 2007
TO: Pete Hoffmann, Chair
and Members of the Hawaii County Council
FROM: Brenda Ford, Council Member
RE: Proposed amendments to Bill 165, AN ORDINANCE AMENDING CHAPTER
25, ZONING CODE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO RETAIL ESTABLISHMENTS
Attached for your consideration are proposed amendments to amend Bill 165, which seeks to
amend chapter 25 (Zoning) of the Hawaii County Code, with regazd to retail establishments and
the creation of a "superstore" zoning district.
The proposed amendments herein aze outlined in ramseyer format. Material to be replaced is
bracketed and stricken. New material is underscored.
Bill 165 shall be amended to read as follows:
"AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAII.
ESTABLISHMENTS
BE 1T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Pur ose. The purpose of this ordinance is to provide greater
scrutiny over the establishment of large [depektxent] retail or membership stores that may
include [a-greset3~seetienJ groceries -defined as "superstores" in this ordinance - by
limiting them to a new zoning district, the "Superstore" district, and establishing a cap on
"gross floor azea" in order to: 11 reduce substantial negative impacts to the community,
including noise. trafttc, flooding from impervious surfaces. and loss of community
character; 2) reduce additional costs onpublic facilities. infrastructure (roads. sewers.
water, etc.) and services (police, fire, etc.l; 31 foster a competitive and diverse mix of
retail establishments; 4~protect local retailers who provide diverse products and wh/o
Serving the Interests ojthe P¢ople of Our Island NO. Io • 9
Hawai `i County Is An Equal Opportuuity Provider And Employer Ref. To; `'t'
t 11 N Ci
Ref. Dote 1 9 2007
sport local farmers: 5) encourage and support small businesses that have been an
int_ a
real part of the landscape; 61 provide more efficient use of land: 7) encourage the
purchase of locall}+-crown produce by stores that sell groceries: 8) utilize the more
pedestrian-friendly "village" concept being advocated in Community Development Plans
by perpetuating walkable, bikeable, small town communities: 92promote tourism by
providing more locally-produced products that characterize our island community: 10)
lessen our oil deQendencv; 11 use very 'smart rg
owth' policies that the island is seeking to
follow; 12) reduce light pollution; and 13) generate substantially greater economic impact
on spending_within the local community.
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, hardwaze stores, pet shops, appliance and apparel stores, tour,
travel and ticket agencies, and other similar retail activities. The term
does not include open storage yazds for new or used building materials,
yazds for scrap, salvage operations for storage or display of automobile
parts, service stations, repair garages, 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 {-`Ste~kl£eegirtg
T
T°~' ar=~ "Gross floor area" to read as follows:
--r.__a ~
~ti: :::tom t::~ tru°.L:......C.......1..,.«.......] ' 4Y'°..,..7
~jo .....b v Y'vsuva.o u.na uc-ria,c°s vixcrca
___^T^a_i__ne hnt not limitnrl t_n_ i3~ °T n....a....« ,7 /Tm!`\
bilif~fld: A.«:..1° T~i.....1.°.. /C ATT\ 1,°~^^a°.. ^a rl^L 1 T a
--__t
a'a.a'• T~T.....1.°~ /!"_TTA7\ «......I.:«.. ».1.,.-., » ]
2
""Gross floor area" means the total floor space that the store
occupies including indoor and outdoor space utilized for retail display and
sale of goods. The gross floor area of adjacent stores shall be aggre ag
ted
in cases where the stores:
(Al Are eng~ed in selling of similar or relatedgoods. wares. or
merchandise, and operated under common ownership or
mana eg ment;
Bl Share common check stands. a warehouse, or a distribution
r facility; or
(C) Otherwise operate as associated integrated. or cooperative
business enterprises."
SECTION 5. Chapter 25. article 1. section 25-1-5, Hawaii County Code 1983
(2005 Edition, as amended), is amended b,,
a~g a new definition for "MembershiQ
store" to read as follows:
"Membership store" or "warehouse club" means a business that charges an
annual membership fee for the privilege of purchasing$oods or services at
wholesale prices from that business."
[C~'~T]SECTION 6. 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 "°"""a'«,, nn nnn gll8fe
feet , ,
"
....:..,..~,e a,.,._ „ :,.a "w,.i..,." "_a ":"ie" retail
establishment or membership store with a gross area of 50,000 to 75,000
square feet in the aggregate.
[~~']SECTION 7. 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).
3
(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 17).
(18) Special districts (articles 6 and 7)."
[c~'~
?-]SECTION 8. 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.
(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 squaze 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 azea.
(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 squaze feet of gross
floor area.
4
(15) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for
every two beds.
(16) Pazks: 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 similar
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 squaze feet of off ce
floor space.
(21) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(22) Swimming pools (community): one for each forty squaze feet of pool area.
(23) Warehouse and bulk storage establishments where there is no trade or retail traffic:
one for each one thousand square feet of gross floor area."
[eL'~'T~o-]SECTION 9. 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 ofvehicles and necessary turning movements.
(c) In V, CN, CG, CV, MCX, S, ML, MG, RD, RM and RCX districts, pazking 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 may be 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 column."
[c~~'T]SECTION 10. 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.
5
(a) The purpose of the S (superstore) district is to [pfevide~he
w non ~nnn4.n«n F Y ~nrn•n an«n.rt.«n«4 n4n.~nn 4~.n4 n .«3.~«na ...~4~.
°....,n«n.4.«n«4n . ~..:~a:«.-] establish zoning and a cap on
gross floor area for retail establishments and membership stores.
(b) An S district may be established by a change of zone from an
area within a CG or MCX district, or by change of zone within any other
area where CG or MCX zoning would be consistent with the General Plan.
(c) Retail establishments and membership stores exceedin 7g
5_000
gross floor area are prohibited. No superstore may be located within 800
feet of another superstore. The exception is any retail establishment or
membership store that existed before the effective date of this ordinance.
Section 25-5-169. Designation of S districts.
Each S (superstore) district shall be designated by the symbol "S"
followed by a number [which] that indicates the minimum building site
area, in thousands of square feet, required for each building site.
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.
(Z) 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 ofthis Code.
(12) Churches, temples and synagogues.
(13) Commercial parking lots and garages.
(14) Community buildings, as permitted under section ZS-4-11.
(IS) Convenience stores.
(16) Data processing facilities.
(17) Display rooms for products sold elsewhere.
6
(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) Membership stores
[(2S)] 29 Model homes.
[(~9)] 30 Mortuaries.
[(30)] 31 Motion picture and television production studios.
[(34-)] 32 Offices.
[(3~] 33 Personal services.
[(33~] 34 Photographic processing.
[(34)] 35 Photography studios.
[(33)] 36 Plant nurseries.
[f36)] 37 Public uses and structures, as permitted under section 25-4-11.
[(37~] 38 Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
[(38)] 39 Repair establishments, minor.
[(39)] 40 Restaurants.
[(40)] 41 Retail establishments.
[(41)] 42 Sales and service of machinery used in agricultural production.
[(42)] 43 Schools, business.
[(43)] 44 Schools, photography, art, music and dance.
[(44)] 45 Schools, vocational.
[(4 S)] 46 Self-storage facilities.
[(46)] 47 Superstores.
[(47~] 48 Telecommunications antennas, as permitted under section 25-4-12.
[(48)] 49 Temporary real estate offices, as permitted under section 25-4-8.
[(44)] 50 Theaters.
[(30)] 51 Utility substations, as permitted under section 25-4-11.
[(3I~] 52 Veterinary establishments in sound-attenuated buildings.
[(3~)] 53 Warehousing.
[(3C~3)] 54 Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be 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.
7
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 square feet.
Section 25-5-174. Minimum 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 reaz 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 reaz yard
which conforms to the side or rear yard requirements for dwelling use of the adjoining
district.
Section 25-5-176. Landscaping of yards.
(a) All front yards in the S district shall be landscaped, except for necessary access drives
and walkways.
(b) Any required side or rear 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 necessary 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 11. 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.
[~~r'T" ]SECTION 12. 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 declared to be severable.
[~~'~]SECTION 13. This ordinance shall take effect upon its
approval."
8
Please find the proposed Bill 165, Draft 2 attached to this transmittal. Bolding was used to
indicate proposed amendments to Bill 165 and differentiate new ramseyered material from
previously ramseyered material.
BJF
Encl.
9
AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL
ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCII, OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to provide greater scrutiny over
the establishment of large [department] retail or membership stores that may include [a
gFeeefy-seetien] groceries -defined as "superstores" in this ordinance - by limiting them to a
new zoning district, the "Superstore" district, and establishing a cap on "gross floor area" in
order to: 1) reduce substantial, negative impacts to the community. including noise, traffic,
flooding from impervious surfaces, and loss of community character; 2) reduce additional
costs on public facilities, infrastructure (roads, sewers, water, etc.) and services (police, Tire,
etc.): 3) foster a competitive and diverse mia of retail establishments: 4) protect local
retailers who provide diverse products and who support local farmers; 5) encourage and
support small businesses that have been an integral part of the landscape; 6) provide more
efficient use of land: 7) encourage the purchase of locally-grown produce by stores that sell
groceries: 8) utilize the more pedestrian-friendly "village" concept being advocated in
Community Development Plans by perpetuating walkable, bikeable. small town
communities: 9) promote tourism by providing more locally-produced products that
characterize our island community; 10) lessen our oil dependency: 11) use very 'smart
growth' policies that the island is seeking to follow: 12) reduce light pollution; and 13)
generate substantially greater economic impact on spending within the local community.
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
similaz retail activities. The term does not include open storage yards for new or
used building materials, yazds for scrap, salvage operations for storage or display
of automobile parts, service stations, repair gazages, [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 ' "
"SI~~3'-'] "Gross floor area" to read as follows:
"~bt6C~Flfeelitng-~Iif iE-'-'-Or-".SI~~-'-'--nlCPrns-ftn~i~CtltlfleF~llat-i9
,
Erodue~Eede{~J~E}bareodes; ~urel?eae flMiele#einber-(~1~AI~
numbers.'-' ]
""Gross floor area" means the total floor space that the store
occupies including indoor and outdoor space utilized for retail disnlav
and sale of goods. The cross floor area of adjacent stores shall be
aggregated in cases where the stores:
(A) Are engaged in selling of similar or related goods,
wares, or merchandise, and operated under common
ownership or management:
(Bl Share common check stands, a warehouse, or a
distribution facility; or
(CI Otherwise operate as associated, integrated, or
cooperative business enterprises."
SECTION 5__Chapter-25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amendedl, is amended by adding a new definition for "Membership stores" to
read as follows:
"Membership store" or "warehouse club" means a business that charges an
annual membership fee for the privilege of purchasing ¢oods or services at wholesale
prices from that business."
[SEC-TIAN3.]SECTION 6. 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 fbusiness•-eaeeeding-~)0-,000 gross-squar-e 1'eeE
ded+eating-more-t#an~~A;b00~~ross~snaare-~feet~ef-fleer-a~ie~he sale~ef
- ~ - - - ~ : ' retail
establishment or membership store with a gross area of 50,000 to 75,000
square feet in the aggregate.
ISI~'I'~6.1SECTION 7. Chapter 25, article 3, subsection 25-3-1(a), Hawai'i
County Code 1983 (2005 Edition, as amended) is amended to read as follows:
2
"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 7)."
[SEC~IA~i-:]SECTION 8. 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.
(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 azea, 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.
3
(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 aze designed to accommodate when used to the maximum capacity.
(14) Meeting facilities, including churches: one for each seventy-five squaze feet of gross floor
area.
(15) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every
two beds.
(16) Pazks: 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 similar
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 azea.
(23) Wazehouse and bulk storage establishments where there is no trade or retail traffic: one for
each one thousand square feet of gross floor area."
[SIf~I9AF8]SECTION 9. 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 pazking spaces is
not required, and any material may be 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 column."
[S~T4ANsJ.]SECTION 10. Chapter 25, article 5, Hawaii County Code 1983
(2005 Edition, as amended), is amended by adding a new division to read as follows:
4
"[-]Division 17. S, Superstore Districts.
Section 25-5-168. Purpose and applicability.
(a) The purpose of the S (superstore) district is to [previde-the
greeery~-departmenis-; +n a-single build+ng>] establish zoning and a cap on
gross floor area for retail establishments and membership stores.
(b) An S district may be 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.
~ Retail establishments and membership stores exceeding 75.000
gross floor area are urohibited. No superstore may be located within 800 feet
of another superstore. The exceation is anv retail establishment or
membership store that existed before the effective date of this ordinance.
Section 25-5-169. Designation of S districts.
Each S (superstore) district shall be designated by the symbol "S"
followed by a number [whieh] that indicates the minimum building site area, in
thousands of square feet, required for each building site.
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 ofthis Code.
(12) Churches, temples and synagogues.
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(13) Commercial pazking 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) Membership stores
[(-283] 29 Model homes.
[(293] Mortuaries.
[(3031 31 Motion picture and television production studios.
[(31~] 32 Offices.
[(3331 33 Personal services.
34 Photographic processing.
[(343] 35 Photography studios.
[(3531 36 Plant nurseries.
[(36)] 37 Public uses and structures, as permitted under section 25-4-11.
[(331 38 Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
[(38)J 39 Repair establishments, minor.
[(3931 40 Restaurants.
[(4031 41 Retail establishments.
[(4131 42 Sales and service of machinery used in agricultural production.
[0331 43 Schools, business.
[(4331 ~]_Schools, photography, art, music and dance.
[(4431 45 Schools, vocational.
[(4531 46 Self-storage facilities.
[(-4631 47 Superstores.
((47)] 48 Telecommunications antennas, as permitted under section 25-4-12.
[(4831 49 Temporary real estate offices, as permitted under section 25-4-8.
[(4931 j50] Theaters.
[(5031 51 Utility substations, as permitted under section 25-4-11.
[0131 52 Veterinary establishments in sound-attenuated buildings.
[(5231 53 Warehousing.
[(56331 54 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:
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(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 square feet.
Section 25-5-174. Minimum 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 reaz 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 reaz yard which conforms to the
side or rear yard requirements for dwelling use of the adjoining district.
Section 25-5-176. Landscaping of yards.
(a) All front yards in the S district shall be landscaped, except for necessary access drives and
walkways.
(b) Any required side or rear 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 necessary 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."
[SF~ION~&]fSECTION 1L 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.
[S~I9hF ~-1:]SECTION 12. 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 declared to be severable.
[SEA-1~]SECTION 13. This ordinance shall take effect upon its approval.
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