HomeMy WebLinkAboutORD 2014-086 2012-2014 COUNTY OF HAWAII STATE OF HAWAII
4TH OF•N'.1
BILL NO. 238
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 2 AND ARTICLE 5 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO
ZONING DISTRICT REGULATIONS FOR GOLF COURSES AND RELATED GOLF
COURSE USES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to amend sections in Article 2
and Article 5 of the Zoning Code to further define the requirements for a Use Permit to allow
golf courses and related golf course uses in certain County-zoned districts. State law was
changed to prohibit golf courses and golf driving ranges within the State Land Use Agricultural
District and the Zoning Code does not clearly reflect this change. Information will be added
indicating that the property must be located within the State Land Use Urban or Rural Districts to
apply for a Use Permit to allow golf courses and related golf course uses within the RS, RD, RM,
RCX, RA, FA, A, V, CG, CV, and O zoning district classifications.
SECTION 2. Chapter 25, article 2, section 25-2-61 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 pennitted within designated County zoning districts only if a
use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided that
the property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM,
RCX, RA, FA, A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A
districts; provided that a minimum building site area of ten thousand square feet is
required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required within
the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA,
A, V, CG, CV, and O districts[.], provided that the property is within the state
land use urban or rural district. Golf courses and golf driving ranges shall not be
permitted within the State Land Use Agricultural District unless approved by the
County before July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b), paragraph
(b) of the definition of"group living facility" in the RS, RD, RM, RCX, RA, FA,
A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other
similar uses devoted to the care or treatment of the aged, the sick, or the infirm in
the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS, RD,
RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A,
CN, CG, CV, MCX, ML, MG and O districts.
(9) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts, provided
that a minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
(10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA
and O districts.
(11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and O districts.
(12) Wind energy facilities in the O district; provided that the property is within the
state land use agricultural district.
(13) Other unusual and reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the council
by resolution."
SECTION 3. Chapter 25, article 5, section 25-5-3 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection(b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the RS district, provided that a use permit is issued for each use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[.], provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Major outdoor amusement and recreation facilities.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities."
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SECTION 4. Chapter 25, article 5, section 25-5-22 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection(b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the RD district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[-.], provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities."
SECTION 5. Chapter 25, article 5, section 25-5-32 of the Hawaii County Code 1983
(2005 Edition, as amended)is amended by amending subsection (b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the RM district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[...] provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent,nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities."
SECTION 6. Chapter 25, article 5, section 25-5-42 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the RCX district, provided that a use permit is issued for each use:
(1) Care homes.
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(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[...] provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Telecommunication antennas and towers.
(7) Yacht harbors and boating facilities."
SECTION 7. Chapter 25, article 5, section 25-5-52 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
"(b) The following uses may be permitted in the RA district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[], provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers."
SECTION 8. Chapter 25, article 5, section 25-5-62 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
"(b) The following uses may be permitted in the FA district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[...] provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers."
SECTION 9. Chapter 25, article 5, section 25-5-72 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection(b) to read as follows:
"(b) The following uses may be permitted in the A district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[-.], provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers."
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SECTION 10. Chapter 25, article 5, section 25-5-92 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the V district, provided that a use permit is issued for each use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[.], provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(4) Schools.
(5) Yacht harbors and boating facilities."
SECTION 11. Chapter 25, article 5, section 25-5-112 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection(b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the CG district, provided that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[:] provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities."
SECTION 12. Chapter 25, article 5, section 25-5-122 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection(b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the CV district, provided that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses[.], provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the State Land Use Agricultural District
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities"
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SECTION 13. Chapter 25, article 5, section 25-5-162 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the O district, provided that a use permit is issued for each use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Golf courses[-.], provided that the property is within the state land use urban or
rural district. Golf courses and golf driving ranges shall not be permitted within
the State Land Use Agricultural District unless approved by the County before
July 1, 2005.
(3) Yacht harbors and boating facilities; provided that the use, in its entirety, is
compatible with the stated purpose of the O district.
(4) Wind energy facilities; provided that the property is within the state land use
agricultural district.
(5) Telecommunication antennas."
SECTION 14. 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 15. Severability. 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
application 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 16. This ordinance shall take effect upon its approval.
INTRODUCED BY:
UNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: May 13, 2014
Date of 1St Reading: May 13, 2014
Date of 2nd Reading: June 4, 2014
Effective Date: June 26, 2014
REFERENCE Comm. 818
6
OFFICE OF THE COUNTY CLERK C0U.11T ''L_ERK
County of Hawaii
c0U1 TV ; ., °"^,. I
Hilo, Hawaii 201q JUN 26 py 08
Introduced Bv: Zendo Kern (B/R) ROLL CALL VOTE
Date Introduced: May 13 , 2014 AYES NOES ABS EX
First Reading: May 13 , 2014 Eoff X
Published: May 23 , 2 014 Ford X
I lagan X
REAZARKS: Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: June 4, 2014 9 0 0 0
To Mayor: June 13 , 2014
Returned: Jude 26, 2014 ROLL CALL VOTE
Effective: June 26,2014 AYES NOES ABS EX
Published: July 8, 201 4 Eoff X
Ford X
REA-LA RX.S: Hagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
1 DO HEREBY CERTIFY that the jot°egoing BILL was adopted by the County Council published as
indicated above.
COUNCIL C'H.4 1RPERSON
.-1 pprovecl,Dis pros ecl this I,( clan,
of ?O COUNTY CLERK
238
Bill No.:
- MMR, COUNTYOFHAW'AI'1 C-818/PC-64
Reference:
Ord No.: I.4, S