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HomeMy WebLinkAboutORD 2008-046 2006-2008 ~~?MtY Oi N,~ ~4- 4 COUNTY OF HAWAII STATE OF HAWAII ~~j GI•Nj,~M 08 tag BILL NO. zs6 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, DIVISION 16, SECTION 25-5-162, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PERMITTED USES WITHIN THE OPEN DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 5, division 16, section 25-5-162 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 25-5-162. Permitted uses. (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 [g€J of 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 agricultural district. ~ Uses considered directly accessory to the uses permitted in this section shall also be permitted in the O district." SECTION 2. Material to be repealed is bracketed and stricken.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 3. 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 ofthis ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL M BER, CO Y FHA AI`I Hilo, Hawaii Date of Introduction: March 12, 2008 Date ofls`Reading: March 12, 2008 Date oft"a Reading: March 25, 2008 Effective Date: April 11, 2008 REFERENCE: Comm: ].049 -2- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii ~ Introduced By: Pete Hoffmann R la TE Date Introduced: March 12, 2008 ~Q AYES NOES ABS EX First Reading: March 12, 2008 Ford C~_'-.-°-~-X -;„•+q Published: N/A Higa ' ~ X ' Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 Second Reading: March 25, 2008 To Mayor: April 3, 2008 ROLL CALL VOTE Returned: April 11, 2008 AYES NOES ABS EX Effective: April 11, 2008 Ford X Published: April 19, 2008 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was ado to the County Council published as indicated above. APPROVED AS TO FORM AN EGALITY: COUN J DEPUTY COR ORATION COUN L f , COUNTY OF AWAIT c./G APR - e 3bb'8 COUNTY ~E Date 256 Bill No.: ~ C-1049/Council rove bisa rovedthrs 1~ da Reference: p 1 , zo a ~ v Ord No.: ~8 46 ~~tir~~ YOR, C NTY~F HAWAII