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Home My WebLink AboutORD 2008-002 2006-2008 z+wx ~D'•""~y'" ~ COUNTY OF HAWAII STATE OF HAWAII ••~~'O~.N'r BILL NO. 190 ORDINANCE NO. 08 2 AN ORDINANCE AMENDING CHAPTER 25 (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 25, 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. (5) 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 similaz 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 squaze 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 Energy Facilities in the O district provided that the proyerty is within the state land use agricultural district. ~ Other unusual and reasonable uses which aze 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. -2- (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 parks. (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 provided that the property is within the state land use a~icultural 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. -3- SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: ' - , COUNCIL MEMB , COUNTY O HAW I~ Kona, Hawaii Date of Introduction: December 5, 2007 Date of ls` Reading: December 5, 2007 Date oft"d Reading: December 19, 2007 Effective Date: January 10, 2008 REFEREt~{C~: Comm: 752 -4- OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii - Introduced By: K. Angel Pilago ROLL CA L VOTE Date Introduced: December 5, 2007 OES ABS EX First Reading: December 5, 2007 Ford CvE Ij-,- • G~;; X Published: N/A Higa U i 1' ~!'XF`' v ~ i Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 0 2 0 Second Reading: December 19, 2007 To Mayor: December 28, 2007 ROLL CALL VOTE Returned: January 14, 2008 AYES NOES ABS EX Effective: January 10, 2008 Ford X Published: January 22, 2008 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 0 2 0 1 DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FO AND LE ALIT . COUNC C/ A ~12M,DIN D PU CORPORATI COUNSEL COU TY OF HAWAII COUNT L K Date DEC 3 12007 190 Bill No.: ~ C-752/Waived-PC Reference: Approve Disapproved this ~ ~ day 8 Ord No.: of Jcwi ~ N. , zo 0 8 ~YOR, COUNTY OFHAWAI`I