HomeMy WebLinkAboutBIL 170 Draft 01 2008-2010OFFICE INFORMATION ONLY
Meeting: Council — December 2, 2009
Action: Postponed to call of Chair on first reading; never taken back up.
Re: Bill 170; Comm. 606 (2008-2010 term); PC -53 not adopted)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 170
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLAR
ENERGY FACILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. During the 2008 State Legislative Session, the legislature
adopted Act 31. The purpose of this Act is to allow a solar energy facility as a permitted
use within the State Land Use Agricultural District on land with soil classified by the
land study bureau's detailed land classification as overall (master) productivity rating of
class "D" (Poor) or "E" (Very Poor). The legislature finds that allowing solar energy
facilities to be built on marginal agricultural lands may have more beneficial effects for
Hawai`i's economy, environment, and energy security than having such lands unused.
Therefore, the purpose of this bill is to amend the zoning code by permitting solar energy
facilities within the County's Agricultural District on class D or E lands.
SECTION 2. Chapter 25, article 5, division 7, section 25-5-72(a) of the Hawaii
County Code 1983 (2005 Edition, as amended), is amended to read as follows:
"(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses
dealing with the growing of plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools,
and other similar open area recreational facilities, where none of
the recreational features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article
1 of this Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawaii
Revised Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
(12) Fertilizer yards utilizing only manure and soil, for commercial use.
(13) Forestry.
(14) Game and fish propagation.
(15) Group living facilities.
(16) Kennels.
(17) Livestock production, provided that piggeries, apiaries, and pen
feeding of livestock shall only be located on sites approved by the
State department of health and the director, and must be located no
closer than one thousand feet away from any major public street or
from any other zoning district.
(18) Public uses and structures which are necessary for agricultural
practices.
(19) Retention, restoration, rehabilitation, or improvement of building
or sites of historic or scenic interest.
(20) Riding academies, and rental or boarding stables.
(21) Roadside stands for the sale of agricultural products grown on the
premises.
22 Solar energy facilities provided that the land is classified "D" or
"E" under the land study bureau's master productivity rating.
([2-2]23)Telecommunication antennas, as permitted under section 25-4-12.
([2--3]24)Utility substations, as permitted under section 25-4-11.
([24]25)Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock
grazing and livestock production.
([2-5]26) Veterinary establishments.
([2-6]27) Wind energy facilities."
SECTION 3. 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 4. If any provision of this ordinance or the application thereof to any
person or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
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SECTION 5. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2"d Reading:
Effective Date:
REFERENCES Comm 606
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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