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Home My WebLink AboutORD 1983-035 1980-1984 BILL N0. 935 (Draft 4 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. ~ a3S AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983, AS AMENDED, RELATING TO BUILDING HEIGHTS AND RELATED DEFINITIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-4, Division 1, Article 1, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-4. DEFINITIONS. (a) Building construction and development terms that are not defined in this chapter shall be Given their respective definitions as found in the Hawaii County Building Code. [(a)] (b) The following words and phrases, unless the context otherwise requires, are defined as follows:" SECTION 2. Section 25-4, Division 1, Article 1, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "(49) ["STORY" means that part of any building between the base of a finished floor and the top of the finished ceiling next above it.] "STORY": Refer to Chapter 5 (Building Code)." SECTION 3. Section 25-55, Division 8, Article 1, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-55. BASEMENTS AND UNDERGROUND STRUCTURES. (a) In any district, [in addition to the allowable number of floors above ground] any number of floors below ground may be permitted. [(b) Upon securing plan approval, a basement constructed on a sloping ground which is partly below and partly above grade but so located that the average vertical distance from grade to ceiling may have the downhill side of such basement exposed; provided that in either case the district height limits are rigidly observed.]" SECTION 4. Section 25-56, Division 8, Article 1, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-56. HEIGHT VARIANCES. (a) [Upon securing a variance therefor any building may exceed the applicable district height limits by: (1) One additional story; (2) Ten feet; or (3) One additional story and ten feet.J A variance request for additional height shall not exceed the applicable district height limits by more than ten feet. (b) A variance request for additional hei ht for accessory structures shall not exceed the hei ht limit established for the applicable district (c) No height variance may be ^ranted unless it meets the grounds for variance set forth in this chapter ' SECTION 5. Section 25-57, Division 8, Article 1, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-57. ACCESSORY STRUCTURE HEIGHT REGULATION. Accessory structures unless otherwise specified shall not exceed fifteen feet in height [nor contain more than one story except that upon securing a variance therefor, they may exceed these limits but shall not exceed the height limits established for the applicable district].' -2- SECTION 6. Section 25-121, Article 4, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-121. HEIGHT LIMITS. The height limits in the RS district shall be [two and one half stories but not higher than] thirty-five feet." SECTION 7. Section 25-137, Article 6, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-137. HEIGHT LIMITS. (a) In areas in the County other than the City of Hilo, the height limits in RM districts shall be [three stories but not higher than) forty-five feet [except that a variance may be granted for a four story building with a maximum height of sixty feet if the planning commission finds, in addition to the requirements contained in sections 25-9 through 25-14, 25-32 through 25-40, 25-44 and 25-62, that the taller building will not dominate the landscape]. (b) In the City of Hilo, [ten stories but not higher than] a height of one hundred twenty feet may be permitted in RM districts." SECTION 8. Section 25-145, Article 7, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-145. HEIGHT LIMITS. The height limits in RA districts shall be [two and one-half stories but not higher than) thirty-five feet." SECTION 9. Section 25-153, Article 8, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-153. HEIGHT LIMITS. The height limits in A districts shall be [three stories but not higher than] forty-five feet." -3- SECTION 10. Section 25-169, Article 10, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-169. HEIGHT LIMITS. (a) The height limits for a building or structure in V districts shall be [as follows: (1) Except as provided elsewhere in this section, three stories, but not higher than] forty-five feet[, provided that a variance may be granted for a four story building with height limits of fifty-five feet if the planning commission finds that the additional height will not render the building inconspicuous in relation to its natural surroundings;]. [2] (b) The height limits for a buildino or structure in VH districts [In] in the City of Hilo shall be [, ten stories but not higher than] one hundred twenty feet. [3] (c) The height limits for a buildin or structure in VH districts at Keauhou Bay and Kahaluu Bay shall be [, seven stories but not higher than] ninety feet. [(b) The above restricted areas have been delineated and designated on the zoning map by an H after V. ]" SECTION 11. Section 25-177, Article 11, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-177. HEIGHT LIMITS. (a) The height limits in CO districts shall be as follows: (1) Except as provided elsewhere in this section, [two stories but] not higher than thirty feet. (2) In the City of Hilo, [ten stories but] not higher than one hundred twenty feet." SECTION 12. Section 25-185, Article 12, Chapter 25 of the Hawaii County Cade 1983 is amended to read as follows: "Section 25-185. HEIGHT LIMITS. The height limits in a CN district shall be [three stories but not higher than) forty feet." -4- SECTION 13. Section 25-193, Article 13, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-193. HEIGHT LIMITS. (a) The height limits in CG districts shall be as follows: (1) Except as provided elsewhere in this section, [three stories but) not higher than forty-five feet; (2) In the City of Hilo, [ten stories but) not higher than one hundred twenty feet; and (3) In Kailua-Kona, [seven stories but] not higher than ninety feet." SECTION 14. Section 25-201, Article 14, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-201. HEIGHT LIMITS. The height limit in CV districts shall be [two stories but not higher than] thirty feet." SECTION 15. Section 25-209, Article 15, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-209. HEIGHT LIMITS. The height limits in MG districts shall be [three stories but not higher than] fifty feet[, except that the director may permit by plan approval only any industrial]. An industrial structure m~ [to] be built to a height of one hundred feet, [which action need only to determine that] provided the extra height is determined functionally necessary." SECTION 16. Section 25-217, Article 16, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-217. HEIGHT LIMITS. The height limits in ML districts shall be [three stories but not higher than] forty-five feet." -5- SECTION 17. Section 25-233, Article 18, Chapter 25 of the Hawaii County Code 1983 is amended to read as follows: "Section 25-233. HEIGHT LIMITS. The height limits in U districts shall be [three stories but not higher than) forty-five feet." SECTION 18. Article 19, Charter 25 of the Hawaii County Code 1983 is amended to add a new section to read as follows: "Section 25-240.1. HEIGHT LIMITS. The height limits in 5 and SF districts within the South Hilo district shall be limited to ninety feet." SECTION 19. This ordinance repeals any prior ordinance in effect relating to the South Hilo Safety zone height limits. SECTION 20. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 21. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 22. This ordinance shall take effect upon its approval. INTRODUCED 8Y: <_~}r.(~a~Cu u~u~.G~jD COUNCIL MEMBER, COU TY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Adoption Effective Date: April 20, 1983 October 19,1963 October 26, 1983 -6-