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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. i~~
ORDINANCE NO. (DST 2)
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 HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to preserve and protect the
quality of life, natural beauty, and rural character of our unique island community from adverse
impacts caused by large "superstores" that were not envisioned or considered under current
provisions of the Hawaii County Zoning Code. The establishment of limits on retail use -
through the restriction on operation, renovation, or expansion of retail establishments that may be
or become a "superstore" -protects Hawai `i County residents from the type of adverse impacts,
such as traffic congestion, overburdening of existing infrastructure, deterioration of fragile
ecosystems, and decimation of small businesses, that have been occurring in the mainland United
States. This ordinance is not intended to preclude any particular retailer, company, end-user, or
tenant from doing business in the County of Hawaii, but rather is intended to regulate land use
and environmental protection through the preclusion of "superstore" uses in the County of
Hawaii by any and all retailers, companies, end-users and tenants.
SECTION 2. 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, as superstores shall not be
permitted on Hawaiian Home Lands."
SECTION 3. 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 (UPC) barcodes
European Article Number (EAN~barcodes, and Global Trade Item Number
~GITN) tracking_numbers."
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 "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."
SECTION 5. 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 6. 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 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
J
,
COUNCIL MEM ,COUNT OF HA I'I
Hawai `i
Date of Introduction:
Date of l st Reading:
Date of 2nd Reading:
Effective Date:
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