HomeMy WebLinkAboutBIL 096 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Planning Committee—August 6, 2013
Action: Postponed to the call of Chair; never taken back up.
Re: Bill 96; Comm. 338 (2012-2014 term)
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 96
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 4, AND
ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO FARMERS MARKETS AS PERMITTED USES IN CERTAIN ZONING
DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and purpose. Section 205-6 of the Hawaii Revised Statutes
provides in part that a county planning commission may issue a special permit to allow "certain
unusual and reasonable uses within agricultural and rural districts other than those for which the
district is classified." The Council finds that removing the requirement to obtain a special permit
to operate a farmers market in certain zoning districts supports and encourages the sale and
consumption of locally grown produce. The purpose of this ordinance is to allow for the
operation of farmers markets as a permitted use in residential, residential -commercial mixed use,
and agricultural zoning districts, provided that use will occur on the homeowners or tenants
association property that is established and maintained by the homeowners or tenants association
and located within a private subdivision. This ordinance is not meant to supersede existing codes,
covenants or restrictions included in the by-laws of any homeowners or tenants associations.
SECTION 2. Chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (b) by adding the following
definition to be appropriately designated and to read as follows:
""Homeowners association" or "tenants association" means an organization that
consists of all lot owners in a certain development that enforces covenants and which
owns and maintains certain green areas, common spaces community buildings and
facilities that primarily serve the community as a whole rather than the Drivate interests of
its members."
SECTION 3. Chapter 25, article 4, division 1 of the Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new section to be appropriately designated and to
read as follows:
"Section 25-4- Farmers markets.
Farmers markets with no more than twenty-five vendors shall be permitted in the
RS, RD, RM, RCX, RA, FA, A, and IA districts; provided the use shall occur only within
private subdivisions; and further provided that a farmers market shall restrict its activity
to the following locations: community buildings, facilities, parks other common areas
and property established and maintained by homeowners or tenants associations for the
common good of the community. Farmers markets shall be organized by homeowners or
tenants associations having Internal Revenue Code 501 (c) 4 exempt status and operated
pursuant to rules established by the association. Farmers markets may only be operated
during daylight hours and where adequate parking is available, provided that organizers
and vendors comply with all codes, covenants, restrictions, laws ordinances rules or
regulations regarding farmers markets, the sale of produce and commercial activities.
Farmers markets operating as permitted uses in the CN, CG CV and MCX districts are
separate and distinct from those operating pursuant to this section and thus are not
subject to the provisions herein."
SECTION 4. 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) Farmers markets, as permitted under section 25-4-
[(-7)](8) Group living facilities.
[(�4](9) Home occupations, as permitted under section 25-4-13.
[(9)](10) Meeting facilities.
[("](11) Model homes, as permitted under section 25-4-8.
[(x](12) Neighborhood parks, play grounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(2)] 1133) Public uses and structures, as permitted under section 25-4-11.
["](14) Temporary real estate offices, as permitted under section 25-4-8.
[04)](15) Utility substations, as permitted under section 25-4-11."
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SECTION 5. Chapter 25, article 5, division 2, section 25-5-22 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 RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, double -family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Farmers markets, as permitted under section 25-4-
[(9)]LUO Group living facilities.
[(}x](11) Home occupations, as permitted under section 25-4-13.
[(-}-1-)] 12 Meeting facilities.
[(}](13) Model homes, as permitted under section 25-4-8.
[(] 14 Neighborhood parks, playgrounds, tennis courts, swimming pools and
similar neighborhood recreational areas and uses.
[(-1-4)](15) Public uses and structures, as permitted under section 25-4-11.
[(x}](16) Temporary real estate offices, as permitted under section 25-4-8.
[(4-6)] 17 Utility substations, as permitted under section 25-4-1 L"
SECTION 6. Chapter 25, article 5, division 3, section 25-5-32 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 RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double -family or duplex.
(9) Dwellings, multiple -family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Farmers markets, as permitted under section 25-4-
[(4-2-)] 1133) Group living facilities.
["](14) Home occupations, as permitted under section 25-4-13.
["](15) Meeting facilities.
["]a6) Model homes, as permitted under section 25-4-8.
[46)](17) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
["](18) Public uses and structures, as permitted under section 25-4-11.
[(1-8)](19) Temporary real estate offices, as permitted under section 25-4-8.
[(1-9)](20) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas
identified by the general plan land use element, except for retreat
resort areas.
(C) Areas determined for such use by the council, by resolution.
[(20)](21) Utility substations, as permitted under section 25-4-11."
SECTION 7. Chapter 25, article 5, division 4, section 25-5-42 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 RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
(7) Community buildings, as permitted under section 25-4-11.
(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double -family or duplex.
(12) Dwellings, multiple -family.
(13) Dwellings, single-family.
(14) Family child care homes.
(15) Farmers markets, as permitted under section 25-4-
["](16) Group living facilities.
[(1-6)] 17 Home occupations, as permitted under section 25-4-13
[(1-7)](18) Medical clinics.
["](19) Meeting facilities.
[(-1-9)] 20 Model homes, as permitted under section 25-4-8.
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[(2)](21) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[(24)](22) Public uses and structures, as permitted under section 25-4-11.
[(2-2)](23) Restaurants.
[R-3)](24) Schools.
[(24)] 25 Utility substations, as permitted under section 25-4-11."
SECTION 8. 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) Crop production.
(9) Dwelling, single-family, one per building site.
(10) Family child care homes.
(11) Farmers markets, as permitted under section 25-4-
["](12) Group living facilities.
[(4-2)](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.
[(4-3-)](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.
(15) Parks, playgrounds, tennis courts, swimming pools, and other similar
open area recreational facilities.
["](16) Public uses and structures, as permitted under section 25-4-11.
[(x)](17) Roadside stands, for the sale of agricultural products grown on the
premises.
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[(4-7)]m 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.
[(-1-8)] 19 Utility substations, as permitted under section 25-4-11.
[(-1-9)](20) Veterinary establishments."
SECTION 9. 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 the FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings
used for such processing, shall be locate at least seventy -dive 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) Crop production.
(9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Farmers markets, as permitted under section 25-4-
["](12) Game and fish propagation.
[(4-2)](13) Group living facilities.
[(4-3)](14) Kennels.
["](15) 15 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.
[(4�6)](17) Retention, restoration, rehabilitation, or improvement of buildings or
sites of historic or scenic interest.
["](18) Riding academies, and rental or boarding stables.
[(4-8)](19) Roadside stands for the sale of agricultural products grown on the
premises.
["](20) Utility substations, as permitted under section 25-4-11.
M
[(2-04] 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 10. 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.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
(12) Farmers markets, as permitted under section 25-4-
[(1-2)](13) Fertilizer yards utilizing only manure and soil, for commercial use.
[03-)](14) Forestry.
[04)](15) Game and fish propagation.
[0-5)](16) Group living facilities.
[40] 17 Kennels.
[(4-7)](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.
[(4-8)](119) Public uses and structures which are necessary for agricultural
practices.
[09-)](20) Retention, restoration, rehabilitation, or improvement of building or
sites of historic or scenic interest.
[(24)](21) Riding academies, and rental or boarding stables.
[0](222) Roadside stands for the sale of agricultural products grown on the
premises.
7
[(2-2-)](23) Utility substations, as permitted under section 25-4-11.
[0](.224 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 11. 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.
(6) Crop production.
(7) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(8) Farmers markets, as permitted under section 25-4-
[(&)]n 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.
[("](I 1) Public uses and structures which are necessary for agricultural
practices.
["](12� Utility substations, as permitted under section 25-4-11."
SECTION 12. 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 13. 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 14. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 338
INTRODUCED BYJ'��
COUNCIL MEMBER, COUNTY OF HAWAII
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