HomeMy WebLinkAboutORD 1990-105 1988-1992s"
COUNTY OF HAWAII ,~, m„STATE OF HAWAII
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Bill No. 269
ORDINANCE NO.
90 105
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, AS AMENDED, RELATING TO GOLF COURSES IN AGRICULTURAL AND
UNPLANNED DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. In 1985, the State Legislature adopted
Act 298 which amended Section 205-2, Chapter 205, Hawaii Revised
Statutes, by including golf courses as a permitted use within the
State Land Use Agricultural District, provided that the affected
property is not classified Class A and B soils by the Land Study
Bureau. The Council recognizes that there is now a growing concern
regarding the establishment of golf courses within the County's
Agricultural (A) zoned district as an outright permitted use,
without the benefit of public input. Therefore, the purpose of this
bill is to require a Use Permit in accordance with Section 25-28,
Chapter 25 of the Hawaii County Code, as amended, in order to
establish a golf course and accessory services within the County's
Agricultural zoned district. Further, this bill would clearly state
that the establishment of a golf course within the County's
Unplanned district would also be required a Use Permit.
SECTION 2. Section 25-152, Article 8 (A, Agricultural
Districts), Chapter 25 of the Hawaii County Code is amended to read
as follows:
"Section 25-152. Permitted uses.
(a) The permitted uses in A districts shall be as follows:
(1) One single family dwelling per building site.
(2) All forms of agriculture; the growing and
gathering of crops, fruits, vegetables, flowers, trees, and other
plants the raising and keeping of animals and fowls except as
limited in paragraph (9) of this section; the physical processing,
storage and sale of the products produced on the premises, subject
to the limitations in paragraph (14) of this section.
(3) [Golf courses,] Country clubs, parks,
playgrounds, tennis courts, and other similar recreational areas
that are essentially open lands and where none of the recreational
features are entirely enclosed in a building.
(4) Private clubs or lodges, hunting or fishing
lodges, and fraternal and social orders.
(5) Trailer parks orith density of three thousand five
hundred square feet of land area per trailer and with plan approval
of the director.
(6) Home occupations.
(7) Dormitories and additional single family
dwellings for persons employed on the premises when found to be
necessary to the conduct of an agricultural use by the director.
(8) Public dumps.
(9) Piggeries, apiaries, and pen feeding of livestock
when not closer than one thousand feet to any major
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public road or to any district other than a U district on sites
approved by the department of health and the director.
(10) Airfields, heliports, and private landing strips.
(11) Commercial fertilizer yard utilizing only manure
and soil.
(12) The killing, slaughtering or dressing for market
of animals produced on the premises.
(13) Fish and poultry hatcheries, including
aquaculture activity.
(14) Processing, storage, packing, shipping and sale
of products produced on the premises provided the site or building
used for such activity shall be at least one hundred feet from any
property line.
(15) Riding academies, rental or boarding stables, dog
kennels and catteries.
(16) Animal hospitals.
(17) Commercial excavation or removal of natural
building material or minerals.
(18) Guest ranches.
(19) Hunting and fishing lodges and preserves.
(20) Use and buildings normally considered accessory
to the above permitted uses subject to approval of the director."
SECTION 3. Section 25-28, Division 5, Article 1, Chapter 25 of
the Hawaii County Code is amended to read as follows:
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"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 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, R[4, RA, V, S anal 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 Rt4
districts. The 10,000 scuare feet minimum lot area and use permit
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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, 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.
(°) 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.
(12) In A and U districts: Golf courses and accessory
services, including golf clubhouse and oro shop/restaurant facility."
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SECTION 4. 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 5. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUN IL MEMBER,
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
June 7, 1990
June 7, 1990
September 5, 1990
September 13, 1990
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