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Home My WebLink AboutORD 2011-026 2010-2012 JMTV 0! COUNTY OF HAWAII STATE OF HAWAII ire os • N' r► 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, [and] 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)](5)Yacht 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- )]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. 2 (2) Major outdoor amusement and recreation facilities. (3) Schools. [(-3)](4)Yacht 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: COUNCIL MEMBER, CO T AI`I Hilo , Hawai`i Date of Introduction: February 16, 2011 Date of 1 St Reading: February 16, 2011 Date of 2 nd Reading: March 2, 2011 Effective Date: March 28, 2011 &'LFERENCE Comm. 48 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Pete Hoffmann R LL �N LLVOTF Date Introduced: February 16, 2011 AYES NOES ABS EX First Reading: February 16, 2011 Bias X ,l Published: N/A Ford X Hoffrnann X REMARKS: Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X Second Reading: March 2, 2011 9 1 0 0 0 To Mayor: March 14 , 2011 Returned: March 28, 2011 ROLL CALL VOTE Effective: March 28, 2011 AYES NOES ABS EX Published: April 5, 2011 Blas X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO F AND LEGALIT COUNCIL C IRP R ON DEPU Y 60ftf COUN t L COUNTY OF HA Date 7 2 011 COU TY CLERK 14 Bill No.: Reference: C- 48/PC -8 Approved/ ' sapproved this day Ord No.: I `- 'r� Of tit 20 ii MAYOR, COUNTYOFHAWAI`I