HomeMy WebLinkAboutBIL 013 Draft 01 2010-2012COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 13
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, ARTICLE 4 AND
ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO USE PERMITS AND TELECOMMUNICATION
ANTENNA AND TOWER WITHIN THE OPEN ZONE DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Chapter 25, article 2, division 6, section 25 -2 -61 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(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
of ten 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,
RCX, RA, FA, A, V, CG, CV, and O 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 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, ML, MG and O districts.
(9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
(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, RCX, RA, FA,
A, [] IA and O 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 O 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 2. Chapter 25, article 4, division 1, section 25 -4 -12 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(a) A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX,
ML, MG[$] 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, RCX, RA, FA, A, [] IA and O 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."
SECTION 3. Chapter 25, article 5, division 16, section 25 -5 -162 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted in the O district:
(1)
Aquaculture activities and facilities.
(2)
Cemeteries and mausoleums, as permitted under chapter 6, article I of this
Code.
(3)
Community buildings, as permitted under section 25 -4 -11.
(4)
Existing churches and temples of historical significance.
(5)
Forestry.
(6)
Game preserves.
(7)
Growing of plants provided such growth does not impair a view intended to be
preserved in the O district.
(8)
Heiaus, historical areas, structures, and monuments.
(9)
Natural features, phenomena, and vistas as tourist attractions.
(10)
Private recreational uses involving no aboveground structure except dressing
rooms and comfort stations.
(11)
Public parks.
(12)
Public uses and structures, as permitted under section 25 -4 -11.
2
[ .]
([14] 13) Utility substations, as permitted under section 25- 4 -11."
SECTION 4. Chapter 25, article 5, division 16, section 25 -5 -162 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the O district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Golf courses.
(3) Yacht harbors and boating facilities; provided that the use, in its entirety, is compatible
with the stated purpose of the O district.
(4) Wind energy facilities; provided that the property is within the state land use
agricultural district.
(5) Telecommunication antennas.
SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 6. 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 7. This ordinance shall take effect upon its approval.
INTRODUCED BY: [SIGNED] PETER HOFFMANN
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of l st Reading:
Date of 2 nd Reading:
Effective Date:
REFERENCES Comm. 47