HomeMy WebLinkAboutBIL 186 Draft 01 2008-2010
COUNTY OF HAWAI'I
STATE OF HAWAI'I
BILL NO. 186
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, HAW ArI COUNTY CODE 1983
(2005 EDITION, AS AMENDED) RELATING TO TELECOMMUNICATION
ANTENNAS AND TOWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW ArI:
SECTION 1. Purpose. During the 2007 State Legislative Session, the
legislature adopted Act 171, which allowed the construction and operation of wireless
communication antennas and towers as permitted uses within the State Land Use
Agricultural District. Prior to the enactment of this amendment, a Special Permit was
required from the Planning Commission. Such a permit is no longer required. However,
in allowing such uses within the State Land Use Agricultural District without a permit,
the surrounding property owners are no longer able to express their concerns regarding
the construction of such antennas and towers within their immediate neighborhood. To
alleviate this concern, the purpose ofthis bill is to amend the County Zoning Code to
require that wireless telecommunication antennas and towers obtain a Use Permit from
the Planning Commission before such use is established. The Zoning Code currently
requires such uses to obtain a Use Permit within lands zoned RS, RD, RM and RCX.
Therefore, the proposal to require telecommunication antennas and towers to obtain a
Use Permit for properties within the RA, FA, A and IA districts would be consistent with
the current practice of requiring a Use Permit to be established in the RS, RD, RM and
RCX districts. No changes are proposed to the V, CN, CG, CV, MCX, ML, MG, 0, and
CDH districts which allow telecommunication antennas and towers as permitted uses
provided that plan approval requirements are complied with.
SECTION 2. Chapter 25, article 2, division 6, Section 25-2-61 (a) Hawai'i
County Code 1983 (2005 Edition, as amended) is amended to read as follows:
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"Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be permitted within designated County zoning
districts only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for
churches, temples, synagogues and other such institutions, in RS,
RD, RM, RA, FA and A districts; provided that a minimum
building site area often thousand square feet is required within the
RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided
that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving
ranges, golf maintenance buildings, and golf club houses in the RS,
RD, RM, ReX, RA, FA, A, V, CG, CV, and 0 districts.
(6) Group living facilities that exceed the criteria in subsection 25-1-
5(b), paragraph (b) of the definition of "group living facility" in the
RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, 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 in the RS, RD, RM, RCX, RA,
FA, A, and V districts, provided that a minimum building site area
often thousand square feet shall be required within the RS, RD,
RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM,
RCX, RA, A, CN, CG, CV, MCX, ML, MG and 0 districts.
(9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
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(10) Schools in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be
required within the RS, RD, RM, and RA districts.
(11) Telecommunication antennas and towers in RS, RD, RM, [and]
RCX.. RA, FA, A and IA districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and 0 districts.
(13) Wind energy facilities in the 0 district; provided that the property
is within the state land use agricultural district.
(14) Other unusual and reasonable uses which are not specifically
permitted in any zoning district with the approval of the director
and the concurrence of the council by resolution."
SECTION 3. Chapter 25, article 4, section 25-4-12 is amended to read as
follows:
"Section 25-4-12. Telecommunication antennas or towers.
(a) A telecommunication antenna or tower shall be permitted in [all districts,
except RS, RD, R11, and RCX districts;] the V, CN, CG, CV, MCX, ML,
MG, 0, and CDH districts; provided that the antenna, tower, and its use
are not hazardous or dangerous to the surrounding area and the director
has issued plan approval for such use. A telecommunication antenna or
tower may be permitted in the RS, RD, RM [and].. RCX, RA, FA, A and
IA districts if a use permit is obtained for such use. Where there is an
existing telecommunication tower, co-location of additional antenna or
equipment will be permitted provided the Director has issued plan
approval for such use.
(b) The minimum setbacks for a telecommunication antenna and tower are as
follows:
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(1) Freestanding antennas and towers shall be set back from every
property line a minimum of one foot for every five feet of antenna
or tower height.
(2) Telecommunication antennas and towers supported by guy wires
shall be set back from every property line a minimum of one foot
for everyone foot of antenna or tower height.
(c) The tower, together with the initial antennas or others equipment proposed
to be installed thereon, shall have a hard survivability for sustained winds
of at least one hundred miles per hour."
SECTION 4. Chapter 25, article 5, division 5, section 25-5-52 (a) and (b) are
amended to read as follows:
"Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or
buildings used for such processing, shall be located at least
seventy- five feet from any street bounding the building site.
(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) Cemeteries and mausoleums, as permitted under chapter 6, article
I of this Code.
(8) Crop production.
(9) Dwellings, single-family, one per building site.
(10) Family child care homes.
(11) Group living facilities.
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(12) Kennels, provided that the building site is a minimum of five acres
in areas and the structures are located at least one hundred feet
away from any lot line.
(13) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed,
stable, house, hutch, or other enclosure for the keeping of
any permitted animal shall be located at least seventy-five
feet from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the
premIses.
(17) Stables, commercial or boarding, provided that the building site is
a minimum of five acres in area and the structures are located at
least one hundred feet away from any lot line.
(18) [Telecommunications antennas, as permitted under section 25 1
~
~] Utility substations, as permitted under section 25-4-11.
([W] 19) Veterinary establishments.
(b) The following [ttSe] uses may be permitted in the RA district, provided
that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving
ranges, golf maintenance buildings and golf club houses[ -:]; and
ill Telecommunication antennas and towers."
SECTION 5. Chapter 25, article 5, division 6, section 25-5-62 (a) and (b) are
amended to read as follows:
"Section 25-5-62. Permitted uses.
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(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or
buildings used for such processing, shall be located at least
seventy- five feet from any street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar sues
dealing with the growing of plants.
(6) 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.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article
1 of this Code.
(8) Crop production.
(9) Dwelling, single-family, as permitted under chapter 205, Hawaii
Revised Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Game and fish propagation.
(12) Group living facilities.
(13) Kennels.
(14) Livestock, grazing; provided that any feed or water area, salt lick,
corral, run, barn, shed, stable, house, hutch, or other enclosure for
the keeping of any permitted animals shall be located at least
seventy-five feet from any lot line.
(15) Public uses and structures, necessary for agricultural practices.
(16) Retention, restoration, rehabilitation, or improvement of buildings
or sites of historic or scenic interest.
(17) Riding academies, and rental or boarding stables.
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(18) Roadside stands for the sale of agricultural products grown on the
premIses.
(19) [Telecommunications antennas, as permitted under section 25 4
~
~] Utility substations, as permitted under section 25-4-11.
(U20) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and
livestock grazing.
(~21 ) Veterinary establishments.
(b) The following [-HSe] uses may be permitted in the FA district, provided
that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving
ranges, golf maintenance buildings and golf club houses.
ill Telecommunication antennas and towers."
SECTION 6. Chapter 25, article 5, division 7, section 25-5-72 (a) and (b) are
amended to read as follows:
"Section 25-5-72. Permitted uses.
(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.
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(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 arid 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) [Telecommunication antennas, as permitted under section 15 <\ 12.
~] Utility substations, as permitted under section 25-4-11.
([;64]23) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock
grazing and livestock production.
([~]24) Veterinary establishments.
([U]25) Wind energy facilities.
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(b) The following [HSe] uses may be permitted in the A district, provided that
a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf course
driving ranges, golf maintenance buildings and golf club houses.
ill Telecommunication antennas and towers."
SECTION 7. Chapter 25, article 5, division 8, section 25-5-82 is amended to
read as follows:
"Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major or minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Aquaculture.
(5) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(6) Crop production.
(7) Farm dwellings, as permitted under sections 25-5-87(b) and ( c).
(8) Forestry.
(9) Livestock production, provided that piggeries, apiaries and pen
feeding of livestock shall not be closer than one thousand feet to any
major road or to any district other than the A district on building sites
approved by the State department of health and the director.
(10) Public uses and structures which are necessary for agricultural
practices.
(11) [Telecommunication antennas, as permitted under section 25 1 12.
fl-1-)] Utility substations, as permitted under section 25-4-1l.
(Q} The following uses may be permitted in the IA district, provided that a use
permit is obtained for such use:
Telecommunication antennas and towers.
([17 ]~) The following uses may be permitted in the IA districts, provided that a
special permit is obtained for such use:
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(1) Crematoriums.
(2) Churches.
(3) Community buildings as permitted under section 25-4-11.
(4) Day care centers.
(5) Hospitals.
(6) Public uses and structures, other than those necessary for
agricultural purposes, as permitted under section 25-4-11.
(7) Uses other than those specifically listed in this section, which meet
the standards for a special permit under chapter 205, Hawaii
Revised Statutes.
([ e Id) In IA districts in areas with over thirty percent slope, in gullies, and where
rough terrain discourages intensive agricultural uses, the director may
approve any other uses which are permitted in the RA, FA, or A districts.
([ d]~) Buildings and uses accessory to the uses permitted in this section shall
also be permitted in the IA district.
([ e 10 No building site shall be established in the IA district which shall in any
way restrict or limit the uses permitted under this section."
SECTION 8. Severability. 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.
SECTION 9. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and
underscoring need not be included.
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SECTION 10. This ordinance shall take effect upon approval.
INTRODUCED BY:
g.~ ~IR~
COUNCIL MEMBER, COUNTY OF HAW AI'I
Hilo, Hawai'i
Date of Introduction:
Date of 15t Reading:
Date of 2nd Reading:
Effective Date:
REFERENCEa ConD.
655
<crT -'0-" .-,-,-/1.
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Bill Nos. 186, 196, 197, 200 (Draft 2), and 209
1 hereby certify that the following Bills passed first reading at the meeting of the Hawai`i County
Council on February 18, 2010, by vote as listed below:
Bill 186: Planning Director Initiated: Amends Chapter 25, Hawai`i County Code 1983 (2005
Edition, as Amended) Relating to Telecommunication Antennas and Towers. Requires that
wireless telecommunication antennas and towers obtain a Use Permit from the Planning
Commission before such use is established for properties within the Residential and Agricultural
(RA), Family Agricultural (FA), Agricultural (A), and Intensive Agricultural (IA) zoned districts.
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong,
and Chair Yoshimoto — 8; NOES: Council Member Greenwell — 1; ABSENT: None;
EXCUSED: None.
Bill 196: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition); by Changing the District Classification
from Agricultural — One Acre (A -1 a) to Neighborhood Commercial — 20,000 Square Feet (CN-
20) at Ponahawai, South Hilo, Hawai`i, Covered By Tax Map Key:2 -3- 037:019; Brian T. Sugai,
Applicant. If the applicant, successors, or assigns develops residential units on the subject
property, the applicant shall make their fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire, police, solid waste disposal
facilities and roads. The fair share contribution shall have a combined value of $7,698.11 per
multiple family residential unit ($11,996.63 per single family residential unit). AYES: Council
Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair
Yoshimoto -8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None.
Bill 197: Amends Section 25 -8 -22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification
from Agricultural — 5 Acres (A -5a) to Family Agricultural — 2 Acres (FA -2a) at Kea'au, Puna
District, Flawai`i, Covered by Tax Map Key:1 -6- 141:024; Hawai`i Brewery Development
Company, Inc., Applicant. If the applicant, successors, or assigns develops residential units on
the subject property, the applicant shall make their fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and recreation, fire, police, solid
waste disposal facilities and roads. The fair share contribution shall have a combined value of
$7,698.11 per multiple family residential unit ($11,996.63 per single family residential unit).
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong,
and Chair Yoshimoto — 8; NOES: Council Member Hoffmann — 1; ABSENT: None;
EXCUSED: None.
Bill 200, Draft 2: Amends Chapter 19 of the Hawaii County Code 1983 (2005 Edition, as
Amended), Real Property Taxes, Relating to Appeals; Increases the deposit amount of an appeal
to the Real Property Tax Review from $15 to $50 and limits refunds of that amount to situations
where the Board of Review accepts the taxpayer's appeal value without compromise. Refunds
would also be made in cases where adjustments are necessary due to clerical errors, This
additional amount would better offset the cost of handling appeals. AYES: Council Members
Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto — 7; NOES:
Council Members Greenwell and Yagong — 2; ABSENT: None; EXCUSED: None.
Bill 209: Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010; Adds ENVIRONMENTAL
MANAGEMENT: Honoka'a Large Capacity Cesspool Replacement — State ($250,000); funds
shall be provided from State Funds Receivables ($250,000); AYES: Council Members Enriques,
Ford, Greenwell, Hoff nann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9;
NOES: None; ABSENT: None; EXCUSED: None.
Kenneth G. Goodenow
COUNTY CLERK
(Hawai`i Tribune Herald — February 27, 2010)
(West Hawaii Today — February 27, 2010)
Note: The original Digest/Affidavit is attached to Bill 186.