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Home My WebLink AboutCOM 0872.005 2010-2012 DONALD IKEDA OJ1SV'OF .1!4;.' Phone No.: (808)961-8261 Council Member "„��`"'' Fax No.: (808)961-8912 District 2 South Hilo `: ��•�'^�' '. +� E-mail: dikeda @co.hawaii.hi.us _.-Aver ATt OF•M;.:1 HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 DATE: October 19, 2012 . TO: Dominic Yagong, Chair and Members of the Hawai`i County Council w FROM: onald Ikeda, Council Member RE: Proposed Amendment to Bill No. 316; An Ordinance Amending Chapter 25, Article 5, Division 1, Section 25-5-3, of the Hawai`i County Code 1983 (2005 Edition, As Amended), to Include Egg Production for Home Consumption as a Permitted Use In Single-Family Residential Districts Please find attached proposed amendments to Bill No. 316. The amendments are illustrated below via Ramseyer format with respect to the contents of Bill No. 316; material to be deleted is bracketed and stricken through; material to be added is underscored. Bill No. 316 is amended 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; Comm. No. M2-•S Ref.To: L Ref. Date T 2 Hawai`i County Is An Equal Opportunity Provider And Employer (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 section, "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) The minimum side yard setback shall be no less than fifteen feet; (H) The minimum back yard setback shall be no less than twenty feet; (I) The minimum lot size shall be no less than ten thousand square feet; (J) There shall be no enclosure of any kind in the front or side yard; and [(-Cf)](K) This use is in conformance with established covenants and restrictions and/or homeowner association rules and regulations. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Utility substations, as permitted under section 25-4-1 1." A draft copy of Bill No. 316, Draft 2, with these amendments incorporated therein is attached. Thank you. DI:awm att. 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 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 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 section, "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) The minimum side yard setback shall be no less than fifteen feet; (H) The minimum back yard setback shall be no less than twenty feet; (I) The minimum lot size shall be no less than ten thousand square feet; (J) There shall be no enclosure of any kind in the front or side yard; and 1 (K) This use is in conformance with established covenants and restrictions and/or homeowner association rules and regulations. [(13)1(14) Temporary real estate offices, as permitted under section 25-4-8. [(-14-)1(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. 2