HomeMy WebLinkAboutCOM 0642.002 2012-2014 .;'0;y'
DENNIS "FRESH" ONISHI PHONE: (808)961-8396
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Council Member ;,: '-.. '�:,;
EMAIL:donishi @co.hawaii.hi.us
District 3
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HAWAII COUNTY COUNCIL
25 Aupuni Street, Hilo,Hawai`i 96720
DATE: February 18, 2014
TO: J Yoshimoto, Council Chair _'
And Members of the Hawai`i County Council =-
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FROM: Dennis "Fresh" Onishi, Council Member
SUBJECT: Proposed Amendments to Bill No. 192.
Please find attached proposed amendments to Bill No. 192. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Bill No. 192, and
bolded for illustrative purposes.
Bill No. 192 is amended by amending "Section 25-5-132(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 [ ection 25 5 122(a),] sections 25-5-122(a) and 25-5-
122(b), shall be permitted in the MCX district."
A draft copy of Bill No. 192, Draft 2, is attached with the proposed amendments
incorporated therein.
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Comm.No 6 C402.2
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Ref.Dote, EEB 1 $ Z014
Hawai`i County is an Equal Opportunity Provider and Employer.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 5, DIVISION 13 OF
THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY
ALLOWING VILLAGE COMMERCIAL (CV) DISTRICT USES WITHIN THE
INDUSTRIAL-COMMERCIAL MIXED USE (MCX) DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 5, division 13, section 25-5-132 of the
Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as
follows:
"Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile sales and rentals.
(6) Automobile service stations.
(7) Bars, nightclubs and cabarets.
(8) Broadcasting stations.
(9) Business services.
(10) Car washing.
(11) Catering establishments.
(12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(13) Churches, temples and synagogues.
(14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleaning agent.
(15) Commercial parking lots and garages.
(16) Community buildings, as permitted under section 25-4-11.
(17) Convenience stores.
(18) Crematoriums, funeral homes, funeral services, and mortuaries.
(19) Data processing facilities.
(20) Display rooms for products sold elsewhere.
(21) Equipment sales and rental yards.
(22) Farmers markets.
(23) Financial institutions.
(24) Food manufacturing and processing.
(25) Home improvement centers.
(26) Ice storage and dispensing facilities.
(27) Kennels in sound-attenuated buildings.
(28) Laboratories, medical and research.
(29) Laundries.
(30) Manufacturing, processing and packaging establishments, light.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes.
(34) Motion picture and television production studios.
(35) Offices.
(36) Personal services.
(37) Photographic processing.
(38) Photography studios.
(39) Plant nurseries.
(40) Public uses and structures, as permitted under section 25-4-11.
(41) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(42) Repair establishments, minor.
(43) Restaurants.
(44) Retail establishments.
(45) Sales and service of machinery used in agricultural production.
(46) Schools, business.
(47) Schools, photography, art, music and dance.
(48) Schools, vocational.
(49) Self-storage facilities.
(50) Telecommunications antennas, as permitted under section 25-4-12.
(51) Temporary real estate offices, as permitted under section 25-4-8.
(52) Theaters.
(53) Utility substations, as permitted under section 25-4-11.
(54) Veterinary establishments in sound-attenuated buildings.
(55) Warehousing.
(56) Wholesaling and distribution operations.
(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 MCX 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 MCX 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.
[(c)](d) Buildings and uses normally considered directly accessory to the uses permitted
in this section shall also be permitted in the MCX district."
SECTION 2. Chapter 25, article 5, division 13, section 25-5-138 of the
Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as
follows:
"Section 25-5-138. Other regulations.
(a) Plan approval shall be required for all new structures and additions to
existing structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regarding heights,
building site areas, building site average widths and yards, may be approved
by the director within a planned unit development.
(c) Conflicts regarding CV district uses permitted under section 25-5-132(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.