HomeMy WebLinkAboutBIL 190 Draft 01 2006-2008 COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. i9o
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2S (ZONING CODE), HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO WIND
ENERGY FACILITIES WITHIN THE OPEN DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to allow the
development of wind energy facilities within the open district through the use permit
process; provided the property is within the state land use agricultural district.
SECTION 2. Chapter 2S, article 2, section 25-2-61 of the Hawaii County Code
1983 (2005 Edition, as amended) is amended as follows:
"(a) The following uses shall be permitted within designated County zoning
districts only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for
churches, temples, synagogues and other such institutions, in RS,
RD, RM, RA, FA and A districts; provided that a minimum
building site area of ten thousand square feet is required within the
RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided
that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, and RA districts.
(S) Golf courses and related golf course uses including golf driving
ranges, golf maintenance buildings, and golf club houses in the RS,
RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts.
(6) Group living facilities that exceed the criteria in subsection 25-1-
5(b), paragraph (b) of the definition of"group living facility" in the
RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest
homes, and other similar uses devoted to the care or treatment of
the aged, the sick, or the infirm in the RS, RD, RM, RCX, RA, FA,
A, and V districts, provided that a minimum building site area of
ten thousand square feet shall be required within the RS, RD, RM,
RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM,
RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts.
(9) Mortuaries in RS, RD, RM, RCX, RA, RA and A districts.
(10) Schools in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area often thousand square feet shall be
required within the RS, RD, RM, and RA districts.
(11) Telecommunication antennas and towers in RS, RD, RM, and
RCX districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
(13) Wind EnerQV Facilities in the O district Qrovided that the Uror)erty
is within the state land use agricultural district.
[(~-3)] 14 Other unusual and reasonable uses which are not specifically
permitted in any zoning district with the approval of the director
and the concurrence of the council by resolution.
(b) Any use which received an approval as a conditionally permitted use prior
to September 25, 1984, or which received prior approval through the use
permit process, is considered a legal use of the affected parcel and maybe
expanded or enlarged without obtaining another use permit, provided such
expansion, enlargement or addition is in full compliance with this chapter
and the applicable district regulations.
(c) A use permit shall not be required for any use described in subsection (a)
above, if a special permit is obtained for that use, pursuant to section 205-
6, Hawaii Revised Statutes."
SECTION 3. Chapter 25, article 5, division 16, section 25-5-162 of the Hawaii
County Code 1983 (2005 Edition, as amended) is amended as follows:
"Section 25-5-162. Permitted uses.
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(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
(2) Cemeteries and mausoleums, as permitted under chapter 6, articlel
of this Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Existing churches and temples of historical significance.
(5) Forestry.
(6) Game preserves.
(7) Growing pf plants provided such growth does not impair a view
intended to be preserved in the O district.
(8) Heiaus, historical areas, structures, and monuments.
(9) Natural features, phenomena, and vistas as tourist attractions.
(10) Private recreational uses involving no aboveground structure
except dressing rooms and comfort stations.
(11) Public pazks.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Telecommunication antennas, as permitted under section 25-4-12.
{14) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the
following uses may be permitted in the O district, provided that a use
permit is issued for each use:
(1) Crematoriums.
(2) Golf courses.
(3) Yacht harbors and boating facilities; provided that the use, in its
entirety, is compatible with the stated purpose of the O district.
(4) Wind energy facilities Qrovided that the Qroyerty is within the
state land use agricultural district."
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 5. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
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SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMB , COUNTY O ~ HAW
Hilo, Hawaii
Date of Introduction:
Date of 15` Reading:
Date of 2"d Reading:
Effective Date:
REfEREi3CE: Comm: 752
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