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BILL NO. 316
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, DIVISION 1, SECTION 25-
5-3, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO
INCLUDE EGG PRODUCTION FOR HOME CONSUMPTION AS A PERMITTED USE
IN SINGLE-FAMILY RESIDENTIAL DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to include egg production for
home consumption and permit the raising of a maximum of four hens per lot within single-
family residential districts.
SECTION 2. Chapter 25, Article 5, Division 1, Section 25-5-3 of the Hawai'i 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 RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Raising hens (excluding roosters or male chickens) for egg production and home
consumption use, provided that:
(A) The requirements of the department of health are met;
(B) The maximum number of hens allowed per lot shall not exceed four;
(C) For purposes of this section, "home consumption" means for non-commercial and
non-breeding food purposes;
(D) The hens shall be confined to an enclosure, and shall not be allowed to roam free;
(E) For the purposes of this sections "enclosure" means any coop, cage, hutch, or
other enclosed housing area used to care for, house or keep the hens;
(F) The enclosures shall meet all applicable zoning and building code requirements
for structures, and shall not be located within any required front, side or rear yard
setback;
(G) This use is in conformance with established covenants and restrictions and/or
homeowner association rules and regulations."
(13)(14) Temporary real estate offices, as permitted under section 25-4-8.
(-1-4)(15) Utility substations, as permitted under section 25-4-11.
SECTION 3. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In re-printing this ordinance,the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity does 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 to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
SECTION 5. 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 6. This ordinance shall take effect upon its approval
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Cantu. 872