HomeMy WebLinkAboutBIL 014 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 14
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2 AND ARTICLE 5, OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE
PERMITS AND SCHOOLS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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, [mod] A V, MCX, ML and MG
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 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 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 5, division 9, section 25 -5 -92 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 V district, provided that a use permit is issued for each
use:
(1) Crematoriums.
(2) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(4) Schools.
[(4)](5jYacht harbors and boating facilities."
SECTION 3. Chapter 25, article 5, division 13, section 25 -5 -132 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 MCX district, provided that a use permit is issued for
each use:
(1) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
Schools.
[(3)]�4)Yacht harbors and boating facilities."
SECTION 4. Chapter 25, article 5, division 14, section 25 -5 -142 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 ML district, provided that a use permit is issued for each
use:
(1) Crematoriums.
M
(2) Major outdoor amusement and recreation facilities.
(3) Schools.
[(-3 harbors and boating facilities."
SECTION 5. Chapter 25, article 5, division 15, section 25 -5 -152 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 MG district, provided that a use permit is issued for each
use:
(1) Commercial excavation.
(2) Crematoriums.
(3) Major outdoor amusement and recreation facilities.
(4) Schools.
SECTION 6. 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 7. 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 8. This ordinance shall take effect upon its approval.
INTRODUCED BY; [SIGNED] PETER HOFFMANN
Hawaii
Date of Introduction:
Date of 1" Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 48