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HomeMy WebLinkAboutORD 2010-017 2008-2010 t.. of y am• . , COUNTY OF HAWAII "T "`:' i STATE OF HAWAII 10 ,ILL NO. 186 1 ORDINANCE NO. // AN ORDINANCE AMENDING CiiAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO TELECOMMI.UNICATION ANTENNAS AND TOWERS. BE IT ORDAINED BY THE COUNCIi: OF THE COUNTY OF iiAWAiI: SECTION 1. Purpose. During the 2007 State Legislative Session, the legislature adopted Act 171, which allowed the construction and operation of wireless commnunicatton antennas and towers as permitted uses within the State Land Use Agricultural District. Prior to the enactment ofthis amendment, a Special Perrin 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 wtlhouta permit, the surrounding property owners are no longer able to express their concepts regarding the construction of such antennas and lowers within their immediate neighborhood. To alleviate this concern. the purpose of this bill is to amend the County Zoning Code to require that wireless telecommunication antennas and towers obtain a Use Permit from the Planning Commission mission before such use is established. The Zoning Code currently requires such uses to obtain a Use Permit within lands zoned RS, RD, RM and RCS. 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, C MCX. ML, MG. 0. and CDI1 districts which allow telecommunication antennas and towers as uses provided that plan approval requirements are complied with. SECTION 2. Chapter 25. article 2, division 6, Section 25 -2 -61 (a) Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 25 -2 -61. Applicability; use permit required. (a) The following uses shall he permitted within designated County zoning districts only i fa 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 of ten thousand square feet is required within the RS, RD. RM, and RA districts. (4) Day care centers in RS, RD, R.M, RA, FA and A districts, provided that a minimum building site arca of ten thousand square feet shall he 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. Rai, RCX, RA, FA. A. V, CG, CV, and 0 districts. (6) Group living facilities that exceed thc 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 thc aged, the sick, or the infirm in the RS. RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum huddling site area of ten 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, Mt.., MG and 0 districts. (9) Mortuaries in RS. RD, RM, RCX, RA, FA and A districts. 2 (10) Schools in RS, RD, RM, RA. FA and A districts, provided that a minimum budding site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. (1 1) 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 O 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, RA1, and RCX districts;] the V, CA, CG, CV, MCX. ML, MG, O, and CDH districts, provided that the antenna, tower, and its usc are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such usc. A telecommunication antenna or tower may be permitted in the RS, RD, RM [a+nd], 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 he permitted provided the Director has issued plan approval for such use. (h) The minimum setbacks for a telecommunication antenna and tower are as follows: 3 t 1) Freesta antennas and towers shall be set back from every property line a minimum of one foot for every five leet of antenna or tower height. (2) Telecommunication antennas and towers supported by guy wires shall he set hack from every property line a minimum of one foot for every one foot of antenna or tower height. (c) The tower. together with the initial antennas or others equipment proposed to he installed thereon. shall have a hard survivability for sustained winds of at (east one hundred miles per hour." • SECTION 4. Chapter 25, article 5, division 5, section 25 -5 -52 (a) and (h) 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 -live feet from any street bouncing 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 1 of this Code. (8) Crop production. (9) Dwellings, single - family. one per building site. (10) Fancily child care homes. (11) Group living facilities. 4 (12) Kennels, provided that the building site is a minimum of live acres in areas and the structures are located at least one hundred feet away from any lot line. (1 3) 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 he located at least seventy -live 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 live acres in area and the structures are located at least one hundred feet away from any lot line. (18) ['I'el:conunuuicattc • • - - .. - - - - *ler- section 25 1 (19)] Utility substations, as permitted under section 25 -4 -11. ([20] 1 Veterinary establishments. (h) The following [use] uses may be permitted in the RA district, provided that a use permit is issued for each use (1) Gol1 and related golf course uses, including golf driving ranges. golf maintenance buildings and golf club houses[-• L2i Telecommunication antennas and towers." SECTION 5. Chapter 25, article 5. division 6, section 25 -5 -62 (a) and (h) arc amended to read as follows "Section 25 -5 -62. Permitted uses. 5 (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, nunor, 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 limns, 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). (1 1) Game and fish prop igation.: . (12) Group living facilities (13) Kennels. (14) i.ivestock, 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 (east seventy -live feet from any lot line. (15) Public uscs 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. 6 (18) Roadside stands for the sale of agricultural products grom,n on the premises. (19) [Telecommunications ant.nnaf. -as permitted under section 25 1 (20)1 Utility substations, as permitted under section 25 -4 -11. (2 -1-20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (2221) Veterinary establishments. (b) The following [use] 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. (2) Telecommunication antennas and towers." SECTION 6. Chapter 25. article 5, division 7, section 25 -5 -72 (a) and (h) are amended to read as follows: "Section 25 -5 -72. Permitted uses. (al The following uscs shall he permitted in the A district: (11 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 7 (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). (1 1) 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 he 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 salt of agricultural products grown on the premises. (22) [Telecommunication ant.:nnas, as permitted umd.r :section 15 4 12 (2-34] Utility substations, as permitted under section 25 -4 -1 1 ([24]23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production. game and fish propagation. livestock grazing and livestock production. ([24]24) Veterinary establishments. ([26]25) Wind energy facilities. 8 (b) The following [use] 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. (2) Telecommunication antennas and towers." SEC'T'ION 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) Pann dwellings, as permitted under sections 25- 5 -87(h) and (c). (8) Forestry. (9) Livestock production. provided that piggeries, apiaries and pen feeding of livestock shall not he 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. (1 1) [Telecommunication antennas, as permitted under section 25 4 12. 441 Utility substations, as permitted under section 25 -4 -11. (b) The following uses may be_pernmtted in the IA district, provided that a use permit is obtained for such use Telecommunication antennas and towers. ([blc) The following uses may he permitted in the IA districts. provided that a special permit is obtained Ibr such use: 9 (1) Crematorims. (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, ilawaii Revised Statutes. ([e]d) 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]c) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the IA district. ([e]f) No building site shall he 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 he included. 10 • SE(" I'ION 10. This ordinance shall take effect upon approval. INTRODUCED BY: Snt ate COUNCIL. MEMBER. COUNTY OF TTAWAI'I Hilo. Hawaii Date of Introduction: February 18, 2010 Date of 1s Reading: February 18, 2010 Dale of 2" Reading: March 3, 2010 Effective Date: March 18, 2010 • REFERENCE Conn. ---- -- 11 OFTICI: OF Ti IF COI INTY CI.•RK County of Flawai'i • Hilo, I lawai" i R EC :', iVE D Introduced liy DOnald Ikeda Roi..1. CALI. v0 D , I: i i , ate Introduced Fcthntary 18, 2010 11"E Mr. ,k11 _.. ... . __. .. First Reading rebruary 18 , 2010 Enmities X Cn '.. C. t Published ruary 27, 2010 Ford Y. COUN i `. r 71: %vV;4.Ii - _ • .. Greern ell A REA /71 R K S I 'm X Ikeda X Nacole-13eason X (.)rush' v — ! . x VW:1111110W x S:e 011d Reading Ma rck 3, 231C I o N•layr March L1, 2010 Retin•ned March 18, 2010 ROI 1. CALL Vol 1 ric March 18, 2010 , I AY ks NOES A Bs EN p March 25, 2010 E • X Ford x • Greenwell 1 Hot .,. ,. Ikeda X Naeole-Beason „. — : --•• • • Onislii X l'agong X X • \rushin 1 O I / DO HEREBY ('El?illY dial the Ihregmtlg BILL was 'Owned by the Calmly ( MINIS/nil UV 111(heated abare ci _-- s -f APPROVED AS TO f FO, AND LEGALITY: DEPU ORPORATION C UNSEL t'otNCH. m \/. 1 V COUNTY OF HAWAII 'r < Date MAR 12 2010 r 7 1) .1) CLERK 186 iiiii Nu • ppr D uved.bgu /hm irrved VI. 1 c i -- dap Reference C-655/.7C-G7 A • • . ____ __ 10 17 . iNtait.tiv . 20 to ord No - "KSi - , .-.---• -y--- ....z_:-..c .114 YOH. COUNTY 0/ 1E1111411 Ordinances Numbered 10 -17, 10 -18, 10 -19, 10 -20, & 10 -21 I hereby certify that the follow mg Ordinances passed second and final reading at the meeting of the County Council on March 3. 2010, by vote. as listed below: Ordinance 10 -17 (Bill 186): An Ordinance Amending Chapter 25. ITawai'1 County Code 1983 (2005 Edition. as Amended) Relaltn to Telecommunication Antennas and Towers AYES: Council Members Ford. Hoffmann. Ikeda, Nacolc- Beason. Onishi, Yagong. and Chair Yoshimoto — 7. NOES Council Member Greenwell — 1: ABSENT: Council Member Enriques — 1, EXCUSED: None Ordinance 10 -18 (Bill 195): An Ordinance Amending Chapter 24 of the I lawat'i County Code 1983 (2005 Edition, as Amended). Relating to Vehicles and Traffic. AYES. Council Members Enriques, Ford, Greenwell. Hoffmann, Ikeda. Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto -- 9. NOES None; ABSENT: None, EXCUSED. None. Ordinance 10 -19 (Bill 196): An Ordinance Amending Section 25 -8 -33 (City of Hilo Zone Map), Article 8. Chapter 25 (Zoning Code) of the 1lawai't 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 I lilo, ITawari, Covered by Tax \lap Key 2-3-037 AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, (Nish'. Yagong, and Chair Yoshimoto — 8; NOES: Council Member I IofTmann — 1; AI3SENT None. EXCUSED: None. • Ordinance 10 -20 (13111 197): An Ordinance Amending Section 25 -8 -22 (Puna District Zone Map), Article 8. Chapter 25 (Zoning Code) of the Hawari County Code 1983 (2005 Edition). by Changing the District Classification From Agricultural — 5 Acres (A -5a) to Fancily Agricultural — 2 Acres t FA -2a) at Kea'au. Puna District, Hawaii. Covered by fax Map Key: 1 -6 -141 •024 AYES• Council Members !Antilles les, Ford. Greenwell, Ikeda. Naeole - Beason, Onishi, Yagong. and Chair Yoshimoto — 8; NOES Council Member Hoffmann - 1, ABSENT. None: EXCUSED• None Ordinance 10 -21 (Bill 209): An Ordinance Amending Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009 to June 30, 2010. ALTS: Council Members Enriques, Greenwell. I Ioffmann. Ikeda. Naeole- Beason. Onishi. Yagong, and Chair Yoshimoto— 8: NOES: None, ABSENT` Council Member Ford 1, EXCUSED None. A / K meth G. (ioodenow . t v bu nt• Cle (I-lawai' Tribune - Herald — March 25, 2010) U (West Hawari Today -- March 25, 2010) Note: The original Digest/Affidan it is attached to Ordinance 10 -17. Bill Nos. 186, 196, 197, 200 (Draft 2), and 209 I 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, Hawaii 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 -1a) to Neighborhood Commercial — 20,000 Square Feet (CN- 20) at Ponahawai, South Hilo, Hawaii, 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 Hawaii 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, Hawai`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, Hoffmann, 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 Hawai`i Today — February 27, 2010) Note: The original Digest /Affidavit is attached to Bill 186.