HomeMy WebLinkAboutORD 1985-040 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. 8S 4~
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), DIVISION 5,
SECTION 25-28, HAWAII COUNTY CODE 1983, RELATING TO USE PERMITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Council finds that the present
38
language of the Code is silent relative to uses approved prior to
the adoption of Ordinance No. 84 62 which became effective on
September 25, 1984. This bill intends to clarify the Code by
stating that a use previously approved as a conditionally permitted
use or which was granted a use permit need not obtain another use
permit for any expansion of that approved use.
SECTION 2. Chapter 25, Division 5, Section 25-28, Hawaii County
Code 1983 is amended to read as follows:
"Section 25-28. Use permit required.
(a) A use permit shall be obtained from the planning
commission for the following uses within the state land use urban
district and designated county-zoned districts unless specifically
permitted in a zoned district.
(1) All districts, except ML, MG and O 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 O 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 O 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.
(6) In all districts: yacht harbors and boating
facilities and other large major recreational uses including
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, majoz recreational developments having
complete and homogeneous facilities. None of these uses may be
established in any O district unless the proposed use, in its
-2-
entirety, is compatible with the stated purpose for adopting the O
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 D1L 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.
(b) Any use which received an approval as a conditionally
rmitted 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 may be expanded or enlarged without
obtaining another use permit provided such expansion, enlargement or
addition is in full compliance with Chapter 25 and its district
regulation."
SECTION 3. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect
other 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 severable.
SECTION 4. New material is underscored. In printing this
ordinance, the underscoring need not be included.
-3-
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUN~Y OF HAWAII
Hilo, Hawaii
Date of Introduction: April 17, 1985
Date of 1st Reading: April 17, 1985
Date of 2nd Reading: May 6, 1985
Effective Date: May 22, 1985
-4-