HomeMy WebLinkAboutORD 1984-062 1984-1988BILL N0. 1081
(Draft 4
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. S~ G2
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), OF THE HAWAII COUNTY
CODE 1983, AS AMENDED, RELATING TO USE PERMITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Council finds that use permits are
instrumental in providing the public an opportunity to express their
concerns for certain uses which may have some impact on the
character of existing neighborhoods. Presently, the public does not
have such an opportunity for those uses listed under the
Conditionally Permitted Uses section of the Code. As such, those
uses listed in the Conditionally Permitted Use section as well as
.medical and dental facilities are now being required to obtain a Use
Permit. In doing so, input can be provided on the proposed use by
residents at a Planning Commission hearing.
Because use permits are included in various sections of the
zoning code, the Council finds it advantageous to consolidate all
use permits into one section. Thus, sections relating to the
various uses are being repealed and incorporated into Section 25-28.
This bill intends to place responsibility upon the developer to
insure that the use activity does not infringe upon the surrounding
properties. The Council further recognizes the uniqueness of each
applicant's request, and identifies Section 25-29(f) to be used as a
guide in granting use permits.
SECTION 2. Section 25-46, Division 7, Article 1, Chapter 25, of
the Hawaii County Code 1983, as amended, relating to conditionally
permitted uses, is hereby repealed.
SECTION 3. Section 25-48, Division 7, Article 1, Chapter 25, of
the Hawaii County Code 1983, as amended, relating to keeping of
animals in RS, RD or RM districts, is hereby repealed.
SECTION 4. Section 25-208(a)(10), Article 15, Chapter 25, of
the..Hawaii County Code 1983, as amended, relating to permitted uses,
is hereby repealed.
SECTION 5. Sections 25-221(b)(1) and (2), Article 16,
Chapter 25, of the Hawaii County Code 1983, as amended, relating to
other regulations, are hereby repealed.
SECTION 6. Section 25-28; Division 5, Article 1, Chapter 25, of
the Hawaii County Code 1983 is hereby amended to read as follows:
"Section 25-28. Use permit required. A use permit [may be
issued as required or permitted] shall be obtained from the planni
commission for [all other] the following uses [for which a use
permit is necessary required.] within the state land use urban
district and designated county-zoned districts unless specificall
fitted in a zoned district.
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(1) All districts, except ML, MG and 0 districts:
churches,'temples, and other institutions of a religious cultural
philanthropic, or charitable nature. A minimum lot area of 10 000
square feet is required within the RS RD, RM, and RA districts.
(2) All districts, except V, MG and 0 districts: private
and public schools, nursery schools and schools for the
handicapped. A minimum lot area of 10,000 square feet is required
within the RS, RD, RM, and RA districts.
(3) All districts, except RS, RD, RM, RA, V S and CN
districts: crematories, mausoleums, columbariums, cemeteries and
any other place for the disposal of the human dead.
(4) In RS, RD, and A districts: lodges, social orders and
fraternal organizations; provided that, structures and facilities
shall be located at least thirty feet from any property line.
(5) In all districts, except S and 0 districts:
hospitals; medical and dental facilities; 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. A minimum lot
area of 10,000 square feet is required within the RS RD, RA and RM
districts. The 10,000 square feet minimum lot area and use permit
requirements shall not apply to care homes and boarding homes
licensed by the Department of Health and Department of Social
Services as defined in section 25-4, article 1 of this chapter.
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6) In all districts: yacht harbors and boatin
facilities and other large major recreational uses includin
accessory uses that are an integral part of the major recreational
aspect, which accessory uses, may be of a commercial or non-noxious
industrial nature. The intent of this permissive regulation is to
allow, where appropriate, major recreational developments having
complete and homogeneous facilities. None of these uses may be
established in any 0 district unless the proposed use, in its
entirety, is compatible with the stated purpose for adopting the 0
district.
(7) In all districts, except RS, RD, RM, S, CO, CG, CV, CN
and V districts: commercial excavation or removal of natural
building materials or minerals.
(8) In all districts: helicopter pads or heliports.
9) In RS. RD and RM districts: keeping or raising of
animals with the exception of pigs.
(10) In the ML districts: public dumps.
(11) In the ML district: sale, storage and sorting of
junk, waste, scrap, discarded or salvaged material, machinery,
automobiles or equipment, but not including processing."
SECTION 7. Section 25-29, Division 5, Article 1, Chapter 25, of
the Hawaii County Code is hereby amended to read as follows:
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"Section 25-29. Procedure for obtaining use permit.
(a) Application for a ["]use permit["] shall be made to
the planning commission in accordance with its rules of procedure
and on a form prescribed by the planning commission. [The review of
the application by the planning commission shall be at a public
hearing held for that purpose and shall include the following:
(1) The planning commission shall:
(A) Study the manner in which nearby properties
are used, the character of the community and any other pertinent
factors;
(B) Analyze the proposed use considering all its
aspects and its effect upon the community; and
(C) Attach such conditions to the permit as are
deemed necessary to assure the proper integration of the use and the
preservation of the purpose of the district and of this chapter.
(2) The planning commission shall specify the
following conditions pertaining thereto:
(A) Location;
(B) Amount and type of construction;
(C) Type if use;
(D) Its maintenance and operation;
(E) Type and amount of traffic;
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(F) Oft-street parking;
(G) Condition and width of adjoining roads;
(H) Access;
(I) Nuisance values;
(J) Appearance of the building;
(K) Landscaping;
(L) Yards;
(M) Open areas; and
(N) Other similar matters.
(3) If the planning commission determines that the
use as proposed or as conditioned is acceptable but additional
information is needed about the physical development, it may grant a
conditional use permit providing that no structure or improvement
pertaining to the use proposed shall be permitted unless or until
_plan approval has been secured thereof.
(e)] (b) The application [form. The form] shall be
accompanied by:
(1) Filing fee of one hundred dollars.
(2) A description of the property in sufficient
detail to determine the precise location of the property involved;
(3) A plot plan of the property, drawn to scale, with
all existing and proposed structures shown thereon;
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(4) A list of the names and addresses of all owners
of property located within three hundred feet of the perimeter
boundary of the applicant's property[.]; and
(5) A written description of the proposed use and a
statement of objectives and reasons for the request, addressing how:
(A) The proposed use will still be consistent
with the general purpose of the zoned district, the intent and
purpose of this chapter, and the County General Plan•
(B) The proposed use will not be materially
detrimental to the public welfare nor cause substantial, adver
impact to the community's character or to surroundin properties•
(C) The proposed use will not adversely affect
similar or related existin uses within the surrounding area
community or region; and
(D) The-proposed use will. not unreasonably
burden public agencies to provide roads and streets sewer water
drainage, schools, police and fire protection and other related
infrastructure.
(c) Upon receipt and acceptance of a properly filed and
completed application, the planning commission shall fix a date for
the public hearing which shall be held within sixty days of receipt
of a properly filed application or within a lon er period as may be
agreed to by the applicant. Within three working days after
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receiving notice of such date, the applicant shall serve notice of
the application on owners of interests in properties within three
hundred feet of the perimeter boundary of the applicant's property
and to owners of interests in other properties which the planning
commission may find to be directly affected by the use permit
sought. Such notice shall state:
(1) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the use sought and the proposed
accompanying structures, if any; and
(4) The date on which the public hearing will be held
to consider the application.
Prior to the public hearing, the applicant shall submit to
the planning commission proof of service or of good faith efforts to
serve notice of the application of the designated property owners.
Such proof may consist of certified mail receipts, affidavits, or
the like.
[(f) Notice by Publication] (d) At least ten calendar days
prior to the date of the public hearing, the planning commission
shall publish, in a newspaper of general circulation in the county,
notice of the hearing.
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(e) Within sixty days after the conclusion of the hearin
or within such longer period as may be agreed to by the applicant,
the planning commission shall render a decision. If the planning
commission fails to render a decision within the prescribed oeriod
the application shall be considered as being approved.
Concurrent requests may be acted upon by the Planning
Commission in conjunction with the use permit procedures.
(f) A use permit may be granted by the planning commission
upon finding that:
(1) The granting of the proposed use will be
consistent with the general purpose of the zoned district, the
intent and purpose of this chapter, and the Countv General Plan
(2) The granting of the proposed use will not be
materially detrimental to the public welfare nor cause substantial
adverse impact to the community's character or to surrounding
properties;
(3) The granting of the proposed use will not
adversely affect similar or related existing uses within the
surrounding area, community or region; and
(4) The granting of the proposed use will not
unreasonably burden public agencies to provide roads and streets
sewer, water, drainaoe, schools
olice and fire protection and
other related infrastructure.
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(g) [Appeals from Actions on Use Permits
Action of the planning commission shall be final, but an applicant
may, within] Within thirty days after receipt of the planninq
commission's decision, an applicant may appeal said decision in
writing to the board of appeals pursuant to its rules."
SECTION 8. 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 9. In the event that any portion of this ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 10. This ordinance shall take effect upon its approval.
Introduced by:
v ~+~'K!/
COUNCIL MEMBER, CO TY Of HAWAII
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
May 9, 1984
May 9, 1984
September 19, 1984
September 25, 1984
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