Loading...
HomeMy WebLinkAboutCOM 0641.002 2012-2014 OF DENNIS "FRESH"ONISHI .;�tY^ N..• PHONE: (808)961 8396 FAX: (808)961-8912 Council Member ; • !!':�%s, /�;*1 EMAIL:donishi @co.hawaii.hi.us District 3 ors meµ`*`. r- ) �r. o_f_... D HAWAII COUNTY COUNCIL -- 25 Aupuni Street, Hilo, Hawai`i 96720 DATE: February 18, 2014 -o TO: J Yoshimoto, Council Chair And Members of the Hawai`i County Council r 6! FROM: J Dennis "Fresh" Onishi, Council Member SUBJECT: Proposed Amendments to Bill No. 191. Please find attached proposed amendments to Bill No. 191. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 191, and bolded for illustrative purposes. Bill No. 191 is amended by amending "Section 25-5-142(b)" as provided in Section 1 to read as follows: "(b) In addition to those uses as provided in subsection (a), all other uses permitted in the CV district, as provided in [section 2C-5-"'(a),] sections 25-5-122(a) and 25-5- 122(b), shall be permitted in the ML district." A draft copy of Bill No. 191, Draft 2, is attached with the proposed amendments incorporated therein. DO:ps att Comm.No. !O W. 42 Ref.To: P/P C- IA Date. FEB 1 8 2014 Hawai`i County is an Equal Opportunity Provider and Employer. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, DIVISION 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ALLOWING VILLAGE COMMERCIAL (CV) DISTRICT USES WITHIN THE LIMITED INDUSTRIAL (ML) DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 5, division 14, section 25-5-142 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-5-142. Permitted uses. (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. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (21) Crematoriums, funeral homes, funeral services, and mortuaries. (22) Day care centers. (23) Financial institutions. (24) Food manufacturing and processing facilities. (25) Greenhouses, plant nurseries. (26) Heavy equipment sales, service and rental. (27) Home improvement centers. (28) Junkyards, provided that the building site is not less than one acre in area. (29) Laboratories, medical and research. (30) Laundries. (31) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (32) Manufacturing, processing and packaging establishments, light. (33) Motion picture and television production studios. (34) Photographic processing. (35) Plumbing, electrical, air conditioning and heating establishments. (36) Public uses and structures, as permitted under section 25-4-11. (37) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (38) Recycling centers, which do not involve the processing of recyclable materials. (39) Repair establishments, minor. (40) Restaurants. (41) Self storage facilities. (42) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (43) Telecommunication antennas, as permitted under section 25-4-12. (44) Temporary real estate offices, as permitted under section 25-4-8. (45) Transportation and tour terminals. (46) Truck, freight and draying terminals. (47) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (48) Utility substations, as permitted under section 25-4-11. (49) Veterinary establishments. (50) Vocational schools. (51) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. (52) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products. (b) In addition to those uses as provided in subsection (a), all other uses permitted in the CV district, as provided in sections 25-5-122(a) and 25-5-122(b), shall be permitted in the ML district. [(b)](c) In addition to those uses permitted under [subsection (a) above,] subsections (a) and (b), the following uses may be permitted in the ML district, provided that a use permit is issued for each use: (1) Major outdoor amusement and recreation facilities. (2) Schools. (3) Yacht harbors and boating facilities. [(e)](d) The following uses may be permitted in the ML district as incidental and subordinate to any permitted use: (1) Living quarters for watchmen or custodians in connection with the operation of any permitted use. (2) Retail sales. (3) Services for persons working in an ML district which are conducted within an integral part of a main structure with entrances from the interior of the building and which have no display or advertising visible from the street. [(d)](e)Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the ML district." SECTION 2. Chapter 25, article 5, division 14, section 25-5-147 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-5-147. Other regulations. (a) All front yards in the ML district shall be landscaped, except for drives and walkways. (b) Where any required side or rear yard in the ML district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, along the side or rear property lines so adjoining, except for necessary drives and walkways. (c) Plan approval shall be required for all new structures and additions to existing structures in the ML district. (d) Exceptions to the regulations for the ML district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (e) Conflicts regarding CV district uses permitted under section 25-5-142(b) shall be resolved in favor of the stricter regulations." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. 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 5. This ordinance shall take effect upon approval.