HomeMy WebLinkAboutORD 1999-110 1998-2000 /iv
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COUNTY OF HAW : ' ~i TATE OF HAWAII
BILL NO. 15
ORDINANCE N0.99 110
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) ARTICLE 5, SECTIONS
25-5-76 AND 25-5-86, OF THE HAWAII COUNTY CODE, RELATING TO MINIMUM
YARDS IN THE AGRICULTURAL AND INTENSIVE AGRICULTURAL DISTRICTS.
BE 1T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-5-76, Article 5, Chapter 25 (Zoning Code) of the Hawaii
County Code (Agricultural District), is amended as follows:
"Section 25-5-76. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yazds in the A
district shall be thirty feet for front and reaz yards, and twenty feet for side
yards.
(b) For accessory uses such as [saran shade and similar fabric] shade cloth
structures used in controlling ihC amount of sunlight in the raising of plants and
flowers, igai, side and front yazds in the A district shall be at least ten feet,
except where the A district shares cotnmon boundaries with urban zones and
main government roads.
(c) For accessory uses such as plastic roofed and [saran] shade cloth wooden or
metal framed structures used in controlling the amount of sunlight, rainfall,
wind and other elements of nature in the raising of fruits, vegetables and similaz
agricultural products, rear side and front yards shall be at least ten feet except
where:
(1) Exterior walls of any type other than [saran] shade cloth aze added to the
wooden or metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
govetnment roads."
SECTION 2. Section 25-5-86, Article 5, Chapter 25 (Zoning Code) of the Ilawaii
County Code (Intensive Agricultural District), is amended as follows:
"Section 25-5-86. Minimum yazds.
(a) Except as otherwise provided in this section, the minimum yazds in the IA
district shall be thirty feet for front and reaz yazds, and twenty feet for side
yazds.
(b) For accessory uses such as [sazan shade and similaz fabric] shade Slotb
structures used in controlling Shg amount of sunlight in the raising of plants and
flowers, ie~t, side and front yazds in the IA district shall be at least ten feet,
except where the IA district shares common boundaries with urban zones and
main government roads.
(c) For accessory uses such as plastic roofed and [saran] shade cloth wooden or
metal framed structures used in controlling the amount of sunlight, rainfall,
wind and other elements of nature in the raising of fruits, vegetables and similar
agricultural products, rear. side and front yards shall be at least ten feet except
-2-
where:
(1) Exterior walls of any type other than [saran] shade cloth are added to the
wooden or metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The IA district shares common boundaries with urban zones and main
government roads."
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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O ' CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: ~ptanber 9, 1999
Date of 1st Reading: Septsnber 9, 1999
Date of 2nd Reading: Septanber 22, 1999
Effective Date: October 8, 1999
REFERENCE Comm. 4y.~.
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APPROVAED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED: 9~~7
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OFFICE OF THE COUNTY CLERK
Cotutty of Hawaii
Hilo ,Hawaii
(DRAFT 3)
ROLL CALL VOTE
AYES NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: September 9 1999 Chung X
First Reading: September 9 1999 Elarionoff X cn
Published: N/A Jacobson X
Leithead-Todd X ~ ~
REMARKS: Pisicchio X
Smith X -
Tyler X - ~ -O "
Yagong X ~ -
8 0 1 0
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Second Reading: September 22, 1999 ROLL CALL VOTE
To Mayor: Septanber 24 1999 AYES NOES ABS EX
Returned: October 8 1999 Arakaki X
Effective: October 8. 1999 Chung X
Published: October 18 1999 Elarionoff X
Jacobson ' X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council puhlished as
indicated above.
APPROVED AS TO
F`O~M AND LE~TY:
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DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII C NC/L CNA/RMAN
Date ~SEP 2 7 1999
O CLERK
Approi~ed'B~# thrs O dQY
4f ~ ^.'~-r~ ~it 19-~--' BiII No.: 15 (Draft 3 )
~ ~ A ~ Reference: C-97.002/PC-50
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~oR, cou ~ Y of <~A wAII ord. No.: 99 110