HomeMy WebLinkAboutBIL 087 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Planning Committee -June 4, 2013
Action Postponed to the call of Chair; never taken hack up.
Re: Bill 87; Comm. 295 (2012-2014 term)
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COUNTY OF HAWAII :.
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ORDINANCE NO.
STATE OF HAWAII
BILL NO. 87
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO INCLUDE COMPOST AND
MULCH OPERATIONS AS A PERMITTED USE IN ALL AGRICULTURAL ZONING
DISTRICTS AND LIMTED AND GENERAL INDUSTRIAL ZONING DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (b) to add the following
definitions to be appropriately designated and to read as follows:
"Compost" means the aerobically decomposed remnants of organic matter including
organic household and yard waste and manures into a useful humus -like, soil end -product.
"Mulch" means ground or chipped greenwaste and other organic material that is used as
soil covering to control weeds or erosion, retain moisture in soil, and as soil insulation.
"Organic material" means a type of material, typically originatingfrom plant or animal
sources, which may be broken down by other living organisms. Organic materials commonly
found in municipal solid waste include: greenwaste, food waste, paper waste, compostable
plastics, human waste, manure, biosolids, and slaughterhouse waste.
SECTION 2. Chapter 25, article 5, division 5, section 25-5-52, 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 RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings used
for such processing, shall be located at least seventy-five feet from any street
bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(8) Compost and mulch operations, provided the requirements of the State
department of health are met.
[(8)](9) Crop production.
[(93](10) Dwelling, single-family, one per building site.
[(0](11) Family child care homes.
[(M](12) Group living facilities.
[(x](13) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
["] 14 Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
[04)](15) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
[053] 16 Public uses and structures, as permitted under section 25-4-11.
[(4-6)](17) Roadside stands for the sale of agricultural products grown on the premises.
[(4-7)](18) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
[(-1-53]0 Utility substations, as permitted under section 25-4-11.
[(W)](20) Veterinary establishments."
SECTION 3. Chapter 25, article 5, division 6, section 25-5-62, 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 FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings used
for such processing, shall be located at least seventy-five feet from any street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational features
are entirely enclosed in a building.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(8) Compost and mulch operations, provided the requirements of the State
department of health are met.
[(8)1(9) Crop production.
Pj
[(9)] 10 Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-67(b).
[(4-0)]CUI Farm dwellings, as permitted under section 25-5-67(b) and (c).
[(-1}](12) Game and fish propagation.
[42)]CU3 Group living facilities.
["](14) Kennels.
["](U5 Livestock, grazing; provided that any feed or water area, salt lick, corral, run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
[(-1-5)](16) Public uses and structures, necessary for agricultural practices.
[46)](117_) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
[(-I�] 18 Riding academies, and rental or boarding stables.
[(4-8)](19) Roadside stands for the sale of agricultural products grown on the premises.
["]LZO) Utility substations, as permitted under section 25-4-11.
[(2-9)] 21 Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock
grazing.
[(24-)](22) Veterinary establishments."
SECTION 4. Chapter 25, article 5, division 7, section 25-5-72, 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 A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational features
are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
Compost and mulch operations, provided the requirements of the State
department of health are met.
[(9)] 1100) Crop production.
[(4-0)] 11 Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-77(b).
["](12) Farm dwellings, as permitted under section 25-5-77(b) and (c).
[(4-2)](13) Fertilizer yards utilizing only manure and soil, for commercial use.
[(x)](14) Forestry.
["](15) Game and fish propagation.
3
["](16) Group living facilities.
[(W]�U7 Kennels.
[(1-7)](18) Livestock production, provided that piggeries, apiaries, and pen feeding of
livestock shall only be located on sites approved by the State department of
health and the director, and must be located no closer than one thousand feet
away from any major public street or from any other zoning district.
[(1-8)](19) Public uses and structures which are necessary for agricultural practices.
["](20) Retention, restoration, rehabilitation, or improvement of building or sites of
historic or scenic interest.
[q-0)]tZ1J Riding academies, and rental or boarding stables.
[(20]C12) Roadside stands for the sale of agricultural products grown on the premises.
[(2-2)] 23 Utility substations, as permitted under section 25-4-11.
[(](24) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
[(24)] 25 Veterinary establishments.
[(2-5)](26) Wind energy facilities."
SECTION 5. Chapter 25, article 5, division 8, section 25-5-82, 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 IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Aquaculture.
(5) Cemeteries, as permitted under chapter 6, article 1 of this Code.
Compost and mulch operations, provided the requirements of the State
department of health are met.
[(6)](7) Crop production.
[(-7)](8) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
[(8)](9) Forestry.
[M](10) Livestock production, provided that piggeries, apiaries and pen feeding of
livestock shall not be closer than one thousand feet to any major road or to
any district other than the A district on building sites approved by the State
department of health and the director.
[("](11) Public uses and structures which are necessary for agricultural practices.
["](12) Utility substations, as permitted under section 25-4-1 L"
11
SECTION 6. 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 (a) to read as
follows:
"(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Aquaculture activities.
(6) Automobile and truck storage facilities.
(7) Automobile and truck sales and rentals.
(8) Automobile service stations.
(9) Bakeries.
(10) Bars.
(11) Broadcasting stations.
(12) Car washing.
(13) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(14) Catering establishments.
(15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(16) Churches, temples and synagogues.
(17) Cleaning and dyeing plants.
(18) Commercial parking lots and garages.
(19) Community buildings, as permitted under section 25-4-11.
Compost and mulch operations, provided the requirements of the State
department of health are met.
[(29)](21) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(24-)](22) Crematoriums, funeral homes, funeral services, and mortuaries.
[(22-)] 2233) Day care centers.
[(2-3)](24) Financial institutions.
[(24)](25) Food manufacturing and processing facilities.
[(2-5)](26) Greenhouses, plant nurseries.
[(2-6)](27) Heavy equipment sales, service and rental.
[(2](28) Home improvement centers.
[(2-8)] 299) Junkyards, provided that the building site is not less than one acre in area.
[(2-9)](30) Laboratories, medical and research.
[(-30)](31) Laundries.
[(34)](32) Lumberyards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
[(x](33) Manufacturing, processing and packaging establishments, light.
[(33)](34) Motion picture and television production studios.
[(-34)](15 Photographic processing.
[(35)](36) Plumbing, electrical, air conditioning and heating establishments.
[(40](37) Public uses and structures, as permitted under section 25-4-11.
[(-;7-)]Lj8) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(38 ](3 9) Recycling centers, which do not involve the processing of recyclable
materials.
[(3-9)](40) Repair establishments, minor.
[(40)](41) Restaurants.
[(44)] 4422) Self storage facilities.
[(42)](43) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(4-3)](44 Telecommunication antennas, as permitted under section 25-4-12.
[(44)] 4455) Temporary real estate offices, as permitted under section 25-4-8.
[(45)](46) Transportation and tour terminals.
[(46)] 47 Truck, freight and draying terminals.
[(47)](48) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
[(4-)](49) Utility substations, as permitted under section 25-4-11.
[(49)] 5500) Veterinary establishments.
[(50)] 5511) Vocational schools.
[(}](5 2) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
[{}] 53 Wholesaling and distribution, including the storage of incidental materials and
equipment, except for highly flammable or explosive products."
SECTION 7. 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 (a) to read as
follows:
"(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Animal sales, stock, and feed yards.
(6) Aquaculture activities and facilities.
(7) Automobile and truck storage facilities.
(8) Automobile body and fender establishments.
(9) Automobile service stations.
(10) Bakeries.
(11) Bars.
(12) Breweries, distilleries, and alcohol manufacturing facilities.
(13) Broadcasting stations.
(14) Bulk storage of flammable products and bulk storage of explosive products.
(15) Car washing.
on
(16) Catering establishments.
(17) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(18) Churches, temples and synagogues.
(19) Cleaning and dyeing plants.
(20) Commercial parking lots and garages.
(21) Community buildings, as permitted under section 25-4-11.
Compost and mulch operations, provided the requirements of the State
department of health are met.
[(2-2)](23) Concrete or asphalt batching and mixing plants and yards.
[(2-3)](24) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(2-4)] Crematoriums, funeral homes, funeral services, and mortuaries.
[(2-5)] Day care centers.
[(O](27) Dumping, disposal, incineration, or reduction of refuse or waste matter.
[(2--7)](28) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
[(28)](29) Fabricating establishments.
[(2-9)] Fertilizer manufacturing plants.
[(38)](31) Financial institutions.
[(3-1](32) Food manufacturing and processing facilities.
[(32)]Lj3j Freight movers.
[(3�]Q4) Greenhouses, plant nurseries.
[(34)]L35) Heavy equipment sales, service and rental.
[(3-5)](36) Home improvement centers.
[(34)](37) Junkyards.
[(4)] Q8 Kennels.
[(38)]Q9) Laboratories, medical and research.
[(3-4)] 4400) Laundries.
[(40)] 4411) Lava rock or stone cutting or shaping facilities.
[(41-)](42) Lumberyards and building material yards.
[(42-)](43) Machine, welding, sheet metal, and metal plating and treating establishments.
[(43-)](44) Manufacturing, processing and packaging establishments, light and general.
[(44)](45) Marine railways, drydocks, and ship or boat yards.
[(45-)](46) Motion picture and television production studios.
[(46)]t47) Photographic processing.
[(47)](48) Public dumps.
[(48)](49) Public uses and structures, as permitted under section 25-4-11.
[09)](50) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(59)](51) Recycling centers.
[(54-)](552_) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
[(524](53) Repair establishments, major and minor.
[(53)](54) Restaurants.
[(54)] L55,) Sawmills.
7
[(5-5] Self storage facilities.
[(W] 57 Slaughterhouses.
[(5-7)](58) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(W](59) Storage, curing, or tanning of raw, green, or salted hides or skins.
[(5)] 60 Telecommunication antennas, as permitted under section 25-4-12.
[(60)] 6611) Temporary real estate offices, as permitted under section 25-4-8.
[(64-)](62) Transportation and tour terminals.
[(62)]� Truck, freight and draying terminals.
[("](64) Utility facilities, public and private, including power plants, offices or yards
for equipment, material, vehicle storage, repair or maintenance.
[(64)](65) Utility substations, as permitted under section 25-4-11.
[(6-5)](66) Veterinary establishments.
[(66)] 6677) Warehousing.
[(67)] 6688) Wholesaling and distribution, including the storage of incidental materials and
equipment.
[(W](69) Yacht harbors and boating facilities."
SECTION 8. 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 9. 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 10. This ordinance shall take effect upon its approval.
INTRODUCED BY:
t&�90w�
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 295