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HomeMy WebLinkAboutSupplement 07 SUPPLEMENT 7 (1-2020) Insertion Guide Hawai`i County Code 1983 (2016 Edition) Volumes 1 - 3 (Covering general ordinances effective through 12-31-19 and numbered through 19-116) This supplement consists of reprinted pages replacing existing pages in the Hawai`i County Code 1983 (2016 Edition). Remove the pages listed in the column headed "Remove Pages" and replace them with the pages listed in the column headed "Insert Pages." This insertion guide should be retained as a permanent record of pages supplemented and filed in Volume 3, behind the "Supplement Insert Guides" tab. Remove Pages Insert Pages VOLUME 1 Vol. 1 Cover Page Vol. 1 Cover Page Chapter 2 Administration i —ii i — ii ix — x ix — x 2-7 — 2-8.2 2-7 — 2-8.2 2-65 — 2-68 2-65 — 2-68 2-87 — 2-88 2-87 — 2-88.2 2-101 2-101 - 2-105 VOLUME 2 Vol. 2 Cover Page Vol. 2 Cover Page Chapter 19 Real Property Taxes iii — iv iii —iv 19-53 — 19-56 19-53 — 19-56 Chapter 20 Refuse 20-7 — 20-8 20-7 — 20-8 20-19 — 20-22 20-19 — 20-22 Chapter 25 Zoning 25-35 — 25-36 25-35 — 25-36 25-73 — 25-74 25-73 — 25-74 25-77 — 25-80 25-77 — 25-80 25-101 — 25-102 25-101 — 25-102 25-113 — 25-120 25-113 — 25-120 Chapter 25 Zoning Annexes 25A-75 — 25A-76 25A-75 — 25A-76 25A-127 — 25A-128 25A-127 — 25A-128 VOLUME 3 Vol. 3 Cover Page Vol. 3 Cover Page Index I-19 — I-30 I-19 — I-30 I-41 — I-42 I-41 — I-42 I-77 — I-82 I-77 — I-82 Legislative History T-1 — T-4 T-1 — T-4 T-23 T-23 — T-25 Supplement Insert Guide Supp. 7 Insertion __ Guide THE HAWAII COUNTY CODE 1983 (2016 Edition, as amended) Update to include: Supplement 7 (1-2020) Contains ordinances effective through: 12-31-2019 ,41000,100011101011110111% I 41 I 4'4. 1N OF if` '''fi ../.;,,,:#3,„• • •,e%.-. . • + ori, 'i 'iii./K •/ • �• , •1•i • • .7...,44,,,,,,,,,w. .1 ,. 40, • „ iiiiik iv s , if A CODIFICATION OF THE GENERAL ORDINANCES OF THE COUNTY OF HAWAII STATE OF HAWAII Office of the County Clerk County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 (808) 961-8255 Volume One CHAPTER 2 ADMINISTRATION Article 1. General Provisions. Section 2-1. Purpose of chapter. Section 2-2. Bonds of officials required; amount; filing; payment of premiums. Section 2-3. Issuance of commissions. Section 2-4. Subpoenas. Section 2-5. Inspections; charges for overtime. Section 2-5.1. Hawaiian language; spelling. Article 2. Executive Branch. Section 2-6. Office of the mayor. Section 2-7. Organization of executive branch. Section 2-8. Order of succession to office of mayor. Article 3. Office of the Corporation Counsel. Section 2-9. Settlement of claims. Section 2-10. Settlement of land acquisitions. Article 3A. Office of the Prosecuting Attorney. Section 2-10A. Appointment of personnel. Article 4. Department of Finance. Section 2-11. Issuance of warrants. Section 2-12. Refund of permit fees. Section 2-12.1. Encumbrances. Section 2-12.2. Lien parity. Section 2-12.3. Change orders and contract supplements; notification to the council. Section 2-12.4. Fund balance. Section 2-12.5. Temporary positions; notification to the council. Section 2-12.6. Annual revenue report. Article 5. Fire Department. Section 2-13. Fire chief; appointment; qualifications. Section 2-14. Powers, duties and functions. Section 2-15. Fire commission. Section 2-15.1. Powers, duties and functions. i SUPP. 7 (1-2020) Article 6. Volunteer Fire Department. Section 2-16. Volunteer fire department created. Section 2-16.1. Volunteer fire stations. Section 2-17. Head of volunteer fire department. Section 2-18. Appointment of other personnel. Section 2-19. Volunteer personnel. Section 2-20. Mileage reimbursements for volunteer fire personnel. Section 2-21. Coordination of volunteer and regular fire departments. Section 2-22. Use of County fire-fighting equipment. Section 2-23. Benefits. Section 2-24. Extent of coverage. Section 2-25. Computation of wages. Section 2-26. Volunteers not members of volunteer fire department. Article 7. Planning Department. Section 2-27. Windward and leeward planning commissions. Section 2-28. Quorum; meetings. Section 2-28.1. Community development plan. Section 2-29. Records of findings required; location of office. Section 2-30. Publication of notice. Section 2-31. General plan; contents; location. Section 2-32. Subdivision regulations. Section 2-33. Zoning regulations; amendments. Section 2-34. Application for changes or new provisions. Section 2-35. Repealed. Section 2-35.1. Urban renewal. Article 8. Department of Research and Development.* Section 2-36. Purpose. Section 2-37. Sustainability Action Committee. Section 2-37.1. Duties of the committee. Section 2-37.2. Guidelines for committee recommendations. Article 9. Department of Public Works. Division 1. Organization. Section 2-38. Director of public works as department head. Section 2-39. Duties of director of public works. Section 2-40. Duties and functions of department. Section 2-41. Divisions within department. ii Article 38. Claims and Actions Against County Officers, Employees and Former Employees. Section 2-188. Defense by the County; punitive damages. Article 39.Workforce Innovation and Opportunity Act Program. Section 2-189. Established. Section 2-190. Purpose. Section 2-191. Powers and duties. Section 2-192. Workforce innovation and opportunity board. Section 2-193. Creation of fund. Section 2-194. Funding. Section 2-195. Expenditures from fund. Section 2-196. Impairment of Federal funds. Section 2-197. Termination of fund. Article 40. Department of Environmental Management. Section 2-198. Definitions. Section 2-199. Composition of department. Section 2-200. Statement of policy. Section 2-201. Appointment and qualifications of department head. Section 2-202. Powers, duties and functions. Section 2-203. Divisions within department. Section 2-204. Enforcement. Section 2-205. Penalties. Section 2-206. Administrative penalties. Section 2-207. Environmental management commission. Article 41. Disaster and Emergency Fund. Section 2-208. Creation of fund; purpose. Section 2-209. Funding. Section 2-210. Expenditures from the disaster and emergency fund. Section 2-211. Dissolution of the fund. Section 2-212. Reimbursement from grants. Section 2-213. Administration of the fund. Article 42. Public Access, Open Space, and Natural Resources Preservation. Section 2-214. Repealed. Section 2-214.1. Public access, open space, and natural resources preservation fund. Section 2-214.2. Public access, open space, and natural resources preservation maintenance fund. Section 2-215. Public access, open space, and natural resources preservation commission. ix SUPP. 7 (1-2020) Section 2-216. Oath of affirmation. Section 2-217. Duties and responsibilities of the commission. Section 2-218. Prioritized list of qualifying lands worthy of preservation. Article 43. Budget Stabilization Fund. Section 2-219. Creation of fund; purpose. Section 2-220. Funding. Section 2-221. Expenditures. Section 2-222. Appropriations. Section 2-223. Prohibitions. Section 2-223.1. Dissolution of the fund. Article 44. Hawaii County Cultural Resources Commission. Section 2-224. Purpose. Section 2-225. Definitions. Section 2-226. Commission established. Section 2-227. Officers and expenses. Section 2-228. Meetings and voting. Section 2-229. Powers and duties. Section 2-230. Nominations to the Hawai`i or national register of historic places. Section 2-231. Guidelines. Section 2-232. Administration. Article 45. General Excise and Use Tax Surcharge. Section 2-233. Establishment of surcharge. Section 2-234. General excise tax fund. Section 2-235. Use of funds. Section 2-236. Termination of surcharge. Article 46. Commercial Sponsorship of County Assets. Section 2-237. Findings and purpose. Section 2-238. Definitions. Section 2-239. Commercial sponsorships. Section 2-240. Exclusions. Section 2-241. Sponsorship agreement. Section 2-242. Sponsorship recognition. Section 2-243. General requirements. Section 2-244. Funds received from sponsorship agreements. Section 2-245. Adoption of rules. SUPP. 7 (1-2020) x ADMINISTRATION § 2-12.2 (b) In the event of delinquencies, parity liens may be foreclosed together or in separate foreclosures and the amounts realized by foreclosure, together or separately, as applicable, shall be applied in the manner provided above for payments billed and collected together or separately. (c) Notwithstanding any provision of this code to the contrary, foreclosure of any parity lien or liens shall not extinguish or otherwise affect any parity lien or liens for amounts that are not satisfied by such foreclosure. (2008, ord 08-157, sec 2.) Section 2-12.3. Change orders and contract supplements; notification to the council. The director of finance shall notify the council of all change orders and contract supplements executed by the County no later than thirty days after authorization of the change order or contract supplement. Notification shall be provided by submitting a report to be placed on the council committee agenda designated to handle matters of finance. The report shall include the following: job number; contract number; project title; contract type; contracting agency, office, or department of the County; project manager; contractor or contractors; original contract amount; date the contract was awarded; number of change orders or contract supplements; total amount of the change order or contract supplement; percentage of increase or decrease; and the status of the project. (2011, ord 11-2, sec 2.) Section 2-12.4. Fund balance. (a) Definitions. "Unassigned fund balance" means the residual classification for the general fund and includes all amounts not contained in the other classifications, such as non- spendable, restricted, committed, and assigned fund balances. Unassigned amounts are technically available for any purpose. (b) If a governmental fund has a fund balance deficit, then it shall be reported as a negative amount in the unassigned classification in that fund. Positive unassigned amounts will be reported only in the general fund. (c) The director of finance shall provide the budgetary fund balance and the fund balance designated for a future year, as separate line items, in a written report to the council no later than October 15 for the preceding fiscal year. This report shall be presented to the committee designated to review financial matters as soon as practicable after its receipt. In the absence of council committees, the report shall be sent to the council in the same time frame. (d) The director of finance shall provide the Comprehensive Annual Financial Report (CAFR) containing the audited, unassigned fund balance to the council no later than December 31 for the preceding fiscal year. This report shall be presented to the committee designated to hear financial matters, or in the absence of council committees, the report shall be sent to the council as soon as practicable after its receipt. 2-7 2-12.4 HAwAI`I COUNTY CODE (e) If a report may be late, the director of finance shall submit a written communication to the council with an explanation of the reason for being late before the deadlines in (c) and (d) above. The communication shall be placed on the agenda in the committee charged with financial issues or in the absence of council committees, the communication shall be sent to the council as soon as practicable. (2011, ord 11-37, sec 2.) Section 2-12.5. Temporary positions; notification to the council. (a) The director of human resources shall notify the council about any person employed under a contract for less than ninety days if: (1) The salary is $2,500 or more per month; and (2) The temporary position is unrelated to a state of emergency declaration. (b) A quarterly report shall be submitted and placed on the council committee agenda designated to handle matters of finance. The report shall contain the contractor's name, the duration of the contract, the cost of the contract, and the service to be performed. (2017, ord 17-42, sec 1.) Section 2-12.6. Annual revenue report. (a) The director of finance shall submit to the council a revenue report on or before January 31 of each year. The revenue report shall cover the period of July 1 through June 30 of the previous fiscal year. The revenue report shall include information from every County agency or department that collects revenue in the form of fees, rates, or charges established by: (1) Administrative rule; (2) Ordinance; or (3) A County board or commission. (b) The revenue report shall include for each entry: account number; agency or department that administers the fee, rate, or charge; type of fee, rate, or charge; date and amount of the most recent adjustment to the fee, rate, or charge; brief description of the revenue; if the fee, rate, or charge is applied on an annual, monthly, or per use basis; and the total amount of revenue collected during the applicable fiscal year. (2019, ord 19-105, sec 1.) SUPP. 7 (1-2020) 2-8 ADMINISTRATION § 2-13 Article 5. Fire Department. Section 2-13. Fire chief; appointment; qualifications. The fire chief shall be appointed by the fire commission and may be removed by the fire commission at its sole discretion. Any motion for removal of the fire chief must contain a statement of reasons, and the fire chief must be allowed to respond to the statement of reasons before being removed. The fire chief shall have a minimum of five years of training and experience in fire control, including at least three years of experience in a responsible administrative capacity. (1983 CC, c 2, art 5, sec 2-13; am 2001, ord 01-109, sec 1.) Section 2-14. [Former] Repealed. (1983 CC, c 2, art 5, sec 2-14.) Section 2-14. Powers, duties and functions. The fire chief shall: (1) Perform firefighting and emergency services in order to save lives and property from fires and from emergencies arising on land, or the sea and hazardous terrain; (2) Train, equip, maintain and supervise a force of firefighting and emergency services personnel; (3) Monitor the construction and occupancy standards of buildings for the purposes of fire prevention and life safety; (4) Provide educational programs related to fire prevention and life safety; (5) Appoint the deputy fire chief and the private secretaries to the fire chief and the deputy fire chief; (6) Appoint members of the department under established personnel rules and regulations, and statutes; and (7) Have such other powers, duties and functions as may be required by ordinance. (2001, ord 01-109, sec 1.) 2-8.1 SUPP. 7 (1-2020) HAWAI`I COUNTY CODE This page intentionally left blank. SUPP. 2 (7-2017) 2-8.2 ADMINISTRATION § 2-138 (5) Allow the director, the committees of the council and their staffs, and the legislative auditor access to facilities, personnel, records, reports, files, and other related documents in order that the program, management, and fiscal practices of the nonprofit organization may be monitored and evaluated to assure the proper and effective expenditure of public funds; and (6) Each nonprofit organization shall submit a disclosure form along with its grant application which lists any board member, officer, director or administrator that may have a conflict of interest or potential conflict of interest, including any familial relationship with any of the following: (A) A member or members of the council; (B) Staff appointed by a member of the council; (C) The mayor; (D) The managing director; (E) The director of finance; or (F) The corporation counsel, the assistant corporation counsel, or a deputy corporation counsel. The disclosure form shall specify any and all mitigation measures to avoid, in fact or appearance, any conflict of interest. (1983 CC, c 2, art 25, sec 2-138; am 1986, ord 86-52, sec 2; am 2012, ord 12-136, sec 1.) Section 2-139. Procedure for awarding grants. (a) All grant awards made to a nonprofit organization by the County shall be made in accordance with one of the following procedures: (1) Grants-in-aid awarded annually in the operating budget: (A) Annually, before November 30, the director shall, for the purpose of soliciting applications, establish a sum of at least $2,500,000 to be available in the ensuing fiscal year for funding requests by nonprofit organizations. The director shall publish a notice soliciting applications in two newspapers of general circulation within the County by November 30. (B) All applications for grants shall be submitted to the director on or before January 31 preceding the County's fiscal year, which begins on July 1. Applications shall be prepared on forms provided by the director. Applications not in conformance with the requirements of this Code may be rejected. All application forms shall include detailed information on specific, measurable outcomes and public benefits to be derived from the expenditure of County funds. (C) The director shall submit to the council all qualifying applications as provided in sections 2-137 and 2-138 for its review and appropriation of funds. Site visitations of nonprofit organizations submitting complete applications may be conducted by the council and its designated staff, as deemed necessary by the chair of the appropriate committee, after 2-65 SUPP. 7 (1-2020) 2-139 HAwAI`I COUNTY CODE January 31 but prior to final action on the operating budget by the council. Any site visitations shall be publicly noticed and conducted in a manner that allows flexible councilmember participation and designated staff support. (D) Upon favorable action by the council to appropriate funds for the grant, a written contract shall be prepared with the nonprofit organization which shall meet all legal requirements of the County and shall include program, fiscal, and audit reporting requirements sufficient to allow the director, the legislative auditor, or council to effectively monitor and evaluate the use of the grant funds. Agencies shall be notified by the director of their funding or lack thereof by August 31. (2) Grants from district contingency relief funds: (A) Appropriations from the district contingency relief account shall be transferred to an accepting County department/agency via resolution identifying the nonprofit organization and the specific program, project, event, activity, service, equipment, materials, or supplies for which the grant shall be used. (B) Any equipment purchased by a nonprofit organization shall be domiciled with that nonprofit organization, which shall assume any and all liability for such equipment. (C) A contract shall be prepared with the nonprofit organization which shall meet all legal requirements of the County and shall include program, fiscal, and audit reporting requirements sufficient to allow the legislative auditor or council to effectively monitor and evaluate the use of the grant funds. (3) Other grants: (A) Grant awards in excess of$25,000 to nonprofit organizations shall specifically identify the organization receiving the grant funds and the purpose for which the grant funds shall be used in an ordinance or resolution. (B) Grant awards in excess of$25,000 to organizations that do not qualify as nonprofit organizations shall specifically identify the purpose for which the funds shall be used in an ordinance or resolution and be subject to competition in compliance with chapter 103D of the Hawai`i Revised Statutes. (C) Grant awards of$25,000 or less may be authorized by the finance director for public purpose projects or programs upon written request of a funding agency or department. Such grant awards shall not be limited to nonprofit organizations but shall specifically identify the organization and program, project or event for which the grant funds shall be used and comply with the rules and regulations of the director of finance. 2-66 ADMINISTRATION § 2-139 (b) In the event that a grantee organization is unable or unwilling to provide the public service(s) for which grant funds were appropriated, the following procedures shall apply: (1) For grant awards authorized as prescribed in 2-139(a)(1), the mayor may direct the finance director to solicit applications from eligible nonprofit organizations to fulfill the specific public purpose(s) for which the funds were originally appropriated for the remainder of the fiscal year. The director shall forward recommended application(s) and appropriation measure(s) to the council for its decision. Funds appropriated to a successor nonprofit organization shall not exceed the balance of unexpended County funds awarded to the original nonprofit organization. (2) For grant awards from the district contingency relief, the council may direct the return of the full appropriation or the balance of unexpended funds. (3) For other grant awards authorized as prescribed in 2-139(a)(3), the finance director may direct the return of the full grant amount or balance of the unexpended funds. (1983 CC, c 2, art 25, sec 2-139; am 1986, ord 86-52, sec 2; am 1992, ord 92-151, sec 2; am 1995, ord 95-138, sec 2; am 1997, ord 97-103, sec 3; am 1999, ord 99-56, sec 1; ord 99-103, sec 2; am 2001, ord 01-16, sec 2; am 2007, ord 07-52, sec 2; am 2012, ord 12-136, sec 1; am 2014, ord 14-43, sec 2; am 2019, ord 19-75, sec 1.) Section 2-140. Repealed. (1983 CC, c 2, art 25, sec 2-140; am 1992, ord 92-151, sec 3; am 1995, ord 95-138, sec 2; am 2007, ord 07-52, sec 3; rep 2012, ord 12-136, sec 1.) Section 2-141. Applicability to noncounty funds; cosponsored activities. Nothing in this article shall be construed to apply to the appropriation of funds: (1) Provided to the County for a stated purpose by any person, private entity, or governmental entity; or (2) Made to an agency for any activity or program co-sponsored by the agency and a private or governmental entity or entities. (1983 CC, c 2, art 25, sec 2-141.) Section 2-142. Records, reporting, and fiscal accountability requirements. (a) The nonprofit organization shall follow generally accepted accounting procedures and practices and shall maintain books, records, documents, and other evidence which sufficiently and properly account for the expenditure of County funds. The books, records and documents shall be subject at all reasonable times to inspection, reviews, or audits by the County expending agency, the director, and the legislative auditor, or by their representatives. (b) The County expending agency, director of finance, or County council may request periodic written reports on the use of County funds. 2-67 SUPP. 7 (1-2020) 2-142 HAwAI`I COUNTY CODE (c) For grants awarded pursuant to section 2-139(a)(1), the nonprofit organization shall submit a written report to the council within sixty days after June 30 of the contractual year. The report shall include, but not be limited to, a detailed description focusing on specific, measurable outcomes of how the County funds were used, public benefits derived from their use, and a breakdown of other funding sources and their expenditures. (d) In addition to any other remedy provided by law, if the nonprofit organization fails to submit the written report due within sixty days after June 30 of the contractual year within the allotted time, the County shall require the nonprofit organization to return all grant funds awarded and deem the nonprofit ineligible to receive future grant awards for at least the following fiscal year, and for all subsequent fiscal years until such time as that written report is submitted to, and accepted by, the council. (e) Should the written report due within sixty days after June 30 of the contractual year be deemed by the County to contain insufficient information, the nonprofit organization shall be notified of the deficiencies and shall provide the additional information within thirty days of notice or the nonprofit organization will be deemed to be in violation of this section. (1986, ord 86-52, sec 2; am 1995, ord 95-138, sec 2; am 1997, ord 97-103, sec 4; am 1999, ord 99-103, sec 3; am 2007, ord 07-148, sec 2; am 2012, ord 12-136, sec 1.) Section 2-142.1. Rules. (a) The director shall adopt rules as may be necessary to meet the requirements of this article. (b) All application forms shall include a right to audit clause. (c) All application forms shall include, "As part of this application, you acknowledge that any funds awarded will be restricted for the purposes stated in the application except for a maximum ten percent for administrative and overhead costs." (1986, ord 86-62, sec 2; am 2012, ord 12-136, sec 1.) Section 2-142.2. Repealed. (1995, ord 95-138, sec 2; rep 2012, ord 12-136, sec 1.) Article 26. Salaries for Deputies in the Office of the Corporation Counsel and the Office of the Prosecuting Attorney. Section 2-143. Definitions. (a) "Deputies" means deputies in the office of the corporation counsel and the office of the prosecuting attorney. (b) "Appointing authority" means the corporation counsel or the prosecuting attorney. (1983 CC, c 2, art 26, sec 2-143.) SUPP. 6 (7-2019) 2-68 ADMINISTRATION § 2-204 Section 2-204. Enforcement. (a) If the director determines that any person has violated or is violating any provision of this article or chapters 20 or 21 or any rule adopted pursuant to these chapters, the director may do any one or more of the following: (1) Issue an order assessing an administrative penalty for any past or current violation; (2) Require compliance immediately or within a specified time; and (3) Commence a civil action in the circuit court for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief. (b) Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 2-206. (c) Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the commission for a hearing at a time and place specified in the notice and answer the charges complained of. (d) Any hearing conducted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the commission finds that a violation or violations have occurred, the commission shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders for the prevention, abatement, or control of the violation or disposals involved, or for the taking of such other corrective action as may be appropriate. If, after a hearing on an order or penalty contained in a notice, the commission finds that no violation has occurred or is occurring, the commission shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the violation or disposals. (e) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the County to collect the administrative penalty which shall be a government realization. In any proceeding to collect the administrative penalty imposed, the director need only show that: (1) Notice was given; 2-87 2-204 HAwAI`I COUNTY CODE (2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing; (3) The administrative penalty was imposed; and (4) The penalty remains unpaid. (2005, ord 05-22, sec 1.) Section 2-205. Penalties. Any person who violates this chapter or chapters 20 or 21, any rule adopted pursuant to these chapters, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action. (2005, ord 05-22, sec 1.) Section 2-206. Administrative penalties. In addition to any other administrative or judicial remedy, the director is authorized to impose by order the penalties specified in section 2-205. If any party is aggrieved by the decision of the commission, the party may appeal in the manner provided in chapter 91 to the circuit court; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by a court of competent jurisdiction. (2005, ord 05-22, sec 1.) Section 2-207. Environmental management commission. (a) There shall be an environmental management commission consisting of nine members who shall be appointed by the mayor and confirmed by the council. One member shall be a resident of each council district. The terms of the members shall be as prescribed in section 13-4 of the Hawai`i County Charter. (b) The environmental management commission shall advise the department on solid waste and wastewater programs, waste reduction strategies, recycling, litter control, community involvement, and other issues, including any pilot project or program, related to the functions of the department, and shall exercise any other powers related to the functions of the department that may be delegated to it by ordinance. The commission shall also provide its comments and recommendations on these matters to the council. The commission shall hear and determine appeals from decisions of the director, including orders and denials of variances. (c) The council shall refer any bill for an ordinance to amend chapter 20 or chapter 21 of this Code to the director and the commission, with each to provide independent comments and recommendations. Additionally, the council may refer any bill for an ordinance relating to the functions and duties of the department to the director and commission, with each to provide independent comments and recommendations. In all such cases, the director and commission shall each submit to the council their independent comments and recommendations within forty-five days of receipt. SUPP. 7 (1-2020) 2-88 ADMINISTRATION § 2-207 (d) The council may continue its deliberations on any bill for an ordinance referred to the director and commission during the forty-five-day review period; provided, that if the council substantively amends any such bill for an ordinance, the amended bill for an ordinance shall be referred by the council to the director and commission for their independent comments and recommendations, both to be submitted to the council within forty-five days of receipt of the amended bill for an ordinance. (e) The council shall not take final action on any bill for an ordinance referred to the director and the commission, as amended or otherwise, until it receives the comments and recommendations of the director and the commission, unless either or both fail to meet the forty-five-day period for comment and review. If either the director or commission fails, or both fail, to provide comments and recommendations within the allotted forty-five-day review period, the council may proceed and the inaction of either the director or commission shall not be viewed as either a favorable or unfavorable recommendation. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2012, ord 12-114, sec 1; am 2019, ord 19-112, sec 1.) 2-88.1 SUPP. 7 (1-2020) HAWAI`I COUNTY CODE This page intentionally left blank. SUPP. 7 (1-2020) 2-88.2 ADMINISTRATION § 2-235 Section 2-235. Use of funds. (a) Pursuant to sections 46-16.8 and 248-2.6, Hawaii Revised Statutes, moneys received from the State derived from the imposition of the surcharge established under this article will be a general fund realization. Moneys received from the surcharge shall be expended for: (1) Operating or capital costs of public transportation within the County for public systems, including public roadways or highways, public buses, trains, ferries, pedestrian paths or sidewalks or bicycle paths; (2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1); or (3) As otherwise authorized by State statute. (b) "Capital costs" in this section means nonrecurring costs required to construct a transit facility or system, including debt service, costs of land acquisition and development, acquiring rights-of-way, planning, design and construction, and including equipping and furnishing the facility or system. (c) Any balance remaining in the general excise tax fund at the end of any fiscal year shall not lapse,but shall remain in the fund accumulating from year to year. The moneys in this fund shall not be used for any purpose except those listed in this section, or as allowed by any amendments to sections 46-16.8 and 248-2.6, Hawaii Revised Statutes. (2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.) Section 2-236. Termination of surcharge. This general excise and use tax surcharge shall not extend beyond December 31, 2030, pursuant to Act 11, Session Laws of Hawaii, codified as section 46-16.8, Hawaii Revised Statutes, as amended. (2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.) Article 46. Commercial Sponsorship of County Assets. Section 2-237. Findings and purpose. The County needs additional revenue streams to increase its capacity to finance public programs and maintain County assets. Additional financial resources will facilitate the County's efforts to provide levels of service and maintenance beyond the basic levels funded by the County's operating and capital budgets. As a result, the Council finds that it is in the best interest of the County to create and enhance relationships with the private sector, including individuals, corporations and other organizations, to generate additional financial resources through commercial sponsorships of County programs, real property, facilities, equipment, or other assets. 2-101 SUPP. 7 (1-2020) 2-237 HAwAI`I COUNTY CODE In appreciation of such support, it is the policy of the County to provide sponsors with suitable acknowledgment of their contribution. Such recognition, which will be defined in sponsorship agreements, should be consistent with the purpose and aesthetic character of County programs and assets. Appropriate recognition should neither detract from the public's experience or expectation, nor impair the visual qualities of a County asset, in the opinion of the County. The public recognition of commercial sponsorship envisioned in this arrangement is not intended to create a public forum for communication and debate. The purpose of this article is to establish the criteria and parameters for the granting of sponsorship opportunities in relation to County programs and assets. In doing so, it is solely the Council's intention to establish a means to enhance the delivery of public services and maintenance of County assets. (2018, ord 18-32, sec 2.) Section 2-238. Definitions. Whenever used in this article, unless the context otherwise requires: "Administrative head" means a director of a department, administrator of an agency, or an official holding an equivalent position, including, but not limited to, managing director, chief of police, fire chief, prosecuting attorney, or manager-chief engineer of the department of water supply. "Cash sponsorship" means a type of sponsorship where a sponsor provides cash. "Contribution" means cash, goods, or services, paid or provided to the County at such time or times as set forth in the sponsorship agreement. "County asset" means a County facility, park, program, equipment, or tangible property. "Equipment" means any vehicle, construction equipment, machine, device, gear, apparatus, or tool valued in an amount no less than $20,000 used in the operation of the County but does not include buses operated by the County. "Facility" means any building, including any stadium, arena or station, owned, managed or operated by the County. "In-kind sponsorship" means a type of sponsorship where a sponsor provides a good or service. "Person" means the same as defined in section 1-4 of this Code. "Program" means any program, festival, contest, event, fair, athletic activity, gala, or similar event provided by a County department in connection with the operations of a department. "Sponsor" means a person that enters into a sponsorship agreement with the County. "Sponsorship" means a mutually beneficial arrangement between the County and a person, wherein the person provides a financial contribution to the County in return for sponsor recognition on or in connection with one or more County assets, for a specified period of time. SUPP. 7 (1-2020) 2-102 ADMINISTRATION § 2-238 "Sponsorship agreement" means a written agreement executed between the County and sponsor governing a sponsorship, on terms and conditions acceptable to the County and the sponsor. A sponsorship agreement may include provisions that allow for the recognition of the sponsor. "Sponsorship recognition" means a tangible acknowledgment and expression of gratitude issued as part of the sponsorship agreement. (2018, ord 18-32, sec 2.) Section 2-239. Commercial sponsorships. (a) In accordance with the provisions of this article, executive agencies of the County may accept contributions valued in an amount no less than $20,000, from sponsors in exchange for sponsor recognition. This article and sponsorship agreements entered into pursuant to this article, shall be implemented and executed in accordance with all applicable laws, including chapter 89, Hawai`i Revised Statutes. (b) The following sponsorships shall not be allowed: (1) Sponsorships with persons that practice or promote discrimination based on race, color, creed, religion, gender, including gender identity and expression, sexual orientation, age, marital status, ancestry, national origin, or disability; (2) Sponsorships with persons that have a pending open application with the County for a discretionary approval; or (3) Sponsorships with persons opposing the County in a pending or ongoing legal proceeding. (2018, ord 18-32, sec 2.) Section 2-240. Exclusions. This article does not apply to: (1) Gifts, grants, or donations accepted pursuant to article 30 of this chapter, where no sponsorship agreement exists or is required; (2) Naming of facilities pursuant to chapter 15, article 8; and (3) Events sponsored or co-sponsored by the County pursuant to other ordinances or rules. (2018, ord 18-32, sec 2.) Section 2-241. Sponsorship agreement. (a) The County possesses sole and final decision-making authority for determining the appropriateness of a sponsorship and reserves the right to refuse to enter into any proposed sponsorship agreement. (b) The administrative head of a County department, office, or agency, with the concurrence of the director of finance, shall have the authority to negotiate a sponsorship agreement, for a contribution valued in an amount no less than $20,000. (c) Each sponsorship agreement must specify whether the sponsorship for a particular asset will be exclusive or non-exclusive. All sponsorship agreements must be authorized by the council by resolution and signed by the mayor. 2-103 SUPP. 7 (1-2020) 2-241 HAwAI`I COUNTY CODE (d) Sponsorships may be terminated in writing at any time during the term of the sponsorship agreement when, in the sole determination of the County, the sponsorship is no longer in the best interest of the County. (2018, ord 18-32, sec 2.) Section 2-242. Sponsorship recognition. (a) No sponsorship message may be placed on a County asset except as authorized in an approved sponsorship agreement. (b) Sponsorship recognition may include the following, or any combination thereof, during the term of the agreement: (1) Recognition of the sponsor for a specific County program; (2) Appropriate mention in media releases and promotional materials of a sponsor for the County program; (3) Appropriate sponsorship recognition or display at the County program location; (4) Appropriate recognition on the program website as a sponsor for the program; or (5) Other possible benefits as negotiated. (c) No materials, communications, or advertisements including, but not limited to, print, video, internet, broadcast, or display items developed to promote or communicate information about the sponsorship, may use the County seal except pursuant to a sponsorship agreement that has been authorized by the council. (d) Sponsorship materials that advocate, contain price information or an indication of associated savings or value, request a response, or contain comparative or qualitative descriptions of products, services, or organizations are prohibited. (e) Sponsorship recognition shall not constitute a public forum for communication and debate. (f) Sponsorship recognition, branding, publicity, and advertising in conjunction with the sponsorship agreement must not contain the following: (1) Obscenity; (2) Pornography; (3) Incitement to imminent lawless action; (4) Speech presenting a grave and imminent threat; (5) Fighting words; (6) Fraudulent material; (7) True threats; (8) Defamatory, libelous, or slanderous material; (9) Solicitations to commit, or speech integral to, criminal conduct; (10) The promotion of drugs, alcohol, tobacco, gambling, or adult entertainment; (11) Political campaign speech, or speech that supports or opposes or appears to support or oppose a ballot measure or initiative, or refers to any person in or campaigning for public office; or (12) Religious speech that advocates or opposes a religion or religious belief. SUPP. 7 (1-2020) 2-104 ADMINISTRATION § 2-242 (g) Sponsorship recognition, publications, and publicity must conform to all applicable laws and rules, including but not limited to chapter 445, part IV, Hawaii Revised Statutes, pertaining to outdoor advertising, including billboards, and chapter 3 of this Code, pertaining to sign regulations. (h) The County retains its rights and discretion to exercise full editorial control over the placement, content, appearance, and wording of sponsorship recognitions, affiliations, and messages. (2018, ord 18-32, sec 2.) Section 2-243. General requirements. (a) The County shall not relinquish any aspect of the County's right to direct, manage, and control a County asset. (b) Except as required by law or expressly established by an affirmative action by the council, sponsorship shall not convey upon any person the right to access or use a County asset for any purpose other than the intended and authorized governmental purpose or service. (c) Sponsorships shall not be deemed to constitute an endorsement of the sponsor or its services and products, or create any proprietary interest of the sponsor in the County or the County assets. (d) The sponsorship must not confer a personal benefit, directly or indirectly, to any particular County officer or employee. (e) The sponsorship must not discriminate against any person on the basis of race, color, creed, religion, sex, including gender identity and expression, sexual orientation, age, marital status, ancestry, national origin, or disability. (f) Sponsors shall defend, indemnify, and hold harmless the County, its officers, agents, and employees against all liability, loss, damage, cost, and expense, including attorneys' fees, arising out of or resulting from the acts or omissions of the sponsor, its directors, employees, officers, agents, or contractors, in connection with the sponsorship and the sponsorship agreement. (2018, ord 18-32, sec 2.) Section 2-244. Funds received from sponsorship agreements. All funds received pursuant to sponsorship agreements will be deposited into the appropriate fund as determined by the director of finance, provided that such funds are expended for their designated purpose. (2018, ord 18-32, sec 2.) Section 2-245. Adoption of rules. The director of finance or other director as designated by the mayor shall adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, for the purposes of this article. (2018, ord 18-32, sec 2.) 2-105 SUPP. 7 (1-2020) This page intentionally left blank. THE HAWAII COUNTY CODE 1983 (2016 Edition, as amended) Update to include: Supplement 7 (1-2020) Contains ordinances effective through: 12-31-19 ,4100000,101110101110111% I I Ni OF if -4,74.;ZA .4441,11840 •CO • • I a., 47 •• 1 # , Atillbor • s 11, S. , A CODIFICATION OF THE GENERAL ORDINANCES OF THE COUNTY OF HAWAII STATE OF HAWAII Office of the County Clerk County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 (808) 961-8255 Volume Two Section 19-58.1. Certain lands dedicated to nonspeculative residential use. Only renewal petitions will be accepted. Section 19-58.2. Nonspeculative residential use assessment. Section 19-58.3. Repealed. Section 19-58.4. Repealed. Article 8. Dedications. Section 19-59. Native forest dedications. Section 19-60. Commercial agricultural use dedication. Section 19-61. Repealed. Section 19-62. Repealed. Section 19-63. Repealed. Section 19-64. Repealed. Section 19-65. Repealed. Section 19-66. Repealed. Article 9. Nontaxable Property;Assessment. Section 19-67. Nontaxable property. Article 10. Exemptions. Section 19-68. Claims for certain exemptions. Section 19-69. Repealed. Section 19-70. Assignment of partial exemptions. Section 19-71. Homes. Section 19-72. Home, lease, lessees defined. Section 19-73. Homes of disabled or unemployable veterans. Section 19-74. Persons affected with Hansen's disease. Section 19-75. Exemption, persons who are blind, deaf, and/or totally disabled. Section 19-76. Nonprofit medical, hospital indemnity associations; tax exemption. Section 19-77. Charitable, etc., purposes. Section 19-78. Property used in manufacture of pulp and paper. Section 19-79. Crop shelters. Section 19-80. Exemption, dedicated lands in urban districts. Section 19-81. Water tanks. Section 19-82. Alternate energy improvements, exemption. Section 19-83. Repealed. Section 19-84. Public property, etc. Section 19-85. Lessees of exempt real property. Section 19-86. Property of the United States leased under the National Housing Act. Section 19-87. Exemption for low and moderate-income housing. iii SUPP. 7 (1-2020) Section 19-88. Claim for exemption. Section 19-89. Exemptions for certain Hawaiian Homes property, and other agencies. Section 19-89.1. Historic residential real property dedicated for preservation; exemption. Section 19-89.2. Credit union exemption. Section 19-89.3. Exemptions for enterprise zones. Section 19-89.4. Hawai`i Island housing trust exemption. Section 19-89.5. Kuleana land exemption.* Article 11. Determination of Rates. Section 19-90. Real property tax; determination of rates. Article 12. Appeals. Section 19-91. Appeals. Section 19-92. Appeals by persons under contractual obligations. Section 19-93. Grounds of appeal, real property taxes. Section 19-94. Second appeal. Section 19-95. Small claims. Section 19-96. Appointment, removal, compensation. Section 19-97. Board of review; duties, powers, procedure before. Section 19-98. Tax appeal court. Section 19-99. Appeal to board of review. Section 19-100. Cost; deposit for an appeal. Section 19-101. Cost; taxation. Section 19-102. Taxes paid pending appeal. Section 19-103. Amendment of assessment list to conform to decision. Article 13. Tax Credits. Section 19-104. Solar water heater tax credit established. Section 19-105. Administration. iv REAL PROPERTY TAXES § 19-71 (iv) Completed and signed copy of the owner's Hawaii County voter registration application, with only the last four digits of the owner's social security number visible. (v) U.S. Internal Revenue Service tax return with only the last four digits of the social security number visible. The director of finance may require documentation of the above or additional evidence of residence in the County from a property owner applying for an exemption or from an owner as evidence of continued qualification for an exemption. Failure to respond fully to the director's request, or in the event the director receives satisfactory evidence that a claimant occupies a permanent home outside the County or there is documented evidence the claimant resides outside of the County for more than one hundred sixty-five calendar days, shall be deemed grounds for denying a claim for exemption or disallowing an existing exemption. (f) Real property qualifying under subsection (a) shall be entitled to an additional exemption of twenty percent of the assessed value of the property not to exceed an additional $80,000. (1983 CC, c 19, art 10, sec 19-71; am 1990, ord 90-138, sec 5; am 1997, ord 97-84, sec 1; am 2004, ord 04-123, sec 3; am 2006, ord 06-147, sec 3; am 2014, ord 14-135, sec 2.) Section 19-72. Home, lease, lessees defined. For the purpose of section 19-71 the word "home" includes: (1) The entire homestead when it is occupied by the taxpayer as such; (2) A residential building on land held by the lessee or the lessee's successor in interest under a lease for a term of ten years or more for residential purposes and owned and used as a residence by the lessee or the lessee's successor in interest, where the lease and any extension, renewal, assignment, or agreement to assign the lease, have been duly entered into and recorded by the respective date set forth in subsection 19-68(a)(3), and whereby the lessee agrees to pay all taxes during the term of the lease; (3) An apartment which is a living unit (held under a proprietary lease by the tenant thereof) in a multi-unit residential building on land held by a cooperative apartment corporation (of which the proprietary lessee of such living unit is a stockholder) under a lease for a term of ten years or more for residential purposes and which apartment is used as a residence by the lessee- stockholder, where the lease and any extension or renewal have been duly entered into and recorded by the respective date set forth in subsection 19-68(a)(3), and whereby the lessee-stockholder agrees to pay all taxes during the term of the lease; (4) An apartment in a multi-unit apartment building which is occupied by the owner of the entire apartment building as the owner's residence; 19-53 19-72 HAwAI`I COUNTY CODE (5) That portion of a residential duplex and that portion of land appurtenant to the duplex which are occupied by the owner of the duplex and land as the owner's residence; (6) An apartment which is a living unit (held under a lease by the tenant thereof) in a multi-unit residential building used for retirement purposes under a lease for a term to last during the lifetime of the lessee and the lessee's surviving spouse and which apartment is used as a residence by the lessee and the lessee's surviving spouse, and where the apartment unit reverts back to the lessor upon the death of the lessee and the lessee's surviving spouse, and where the lease has been duly entered into and recorded by the respective date set forth in subsection 19-68(a)(3), and whereby the lessee agrees to pay all taxes during the term of the lease. As used in section 19-71, in the first paragraph of section 19-48 and in section 19-68, the word "lease" shall be deemed to include a sublease, and the word "lessee" shall be deemed to include a sublessee. (1983 CC, c 19, art 10, sec 19-72; am 1997, ord 97-84, sec 1; am 2004, ord 04-123, sec 4.) Section 19-73. Homes of disabled or unemployable veterans. (a) Real Property owned and occupied as a home by any person who is 100 percent disabled or 100 percent unemployable, or both, due to injuries received while on duty with the armed forces of the United States, or owned by any such person together with such person's spouse and occupied by either or both spouses as a home, or owned or occupied by a widow or widower of such veteran who shall remain unmarried and who shall continue to own and occupy the premises as a home, is hereby exempted except for fifty percent of the minimum tax from property taxes, other than special assessments, provided: (1) That such disability or unemployable status is the result of injuries incurred while on duty as a member of the armed forces of the United States, and that the department of finance may require proof of disability or unemployable status; (2) That the home exemption shall be granted only as long as the veteran claiming exemption remains 100 percent disabled or 100 percent unemployable, or both; and (3) That a person living on premises, a portion of which is used for commercial purposes, shall not be entitled to an exemption with respect to such portion, but shall be entitled to an exemption with respect to the portion used exclusively as a home; provided, that this exemption shall not apply to any structure, including the land thereunder, which is used for commercial purposes. SUPP. 7 (1-2020) 19-54 REAL PROPERTY TAXES § 19-73 (b) For the purpose of this section, the word "home" includes the entire homestead when it is occupied as a home by a qualified veteran who is 100 percent disabled or 100 percent unemployable, or both; houses where the qualified veteran owner sublets not more than one room to a tenant; and premises held under an agreement to purchase the same for a home, where the agreement has been duly entered into and recorded prior to January 1 preceding the tax year for which exemption is claimed, whereby the purchaser agrees to pay all taxes while purchasing the premises. (c) For disabled and unemployable veterans, the proof of disability or unemployable status from the Veterans Administration may be substituted for the required certification. (1983 CC, c 19, art 10, sec 19-73; am 1997, ord 97-84, sec 1; am 2018, ord 18-88, sec 1.) Intentionally left blank. 19-54.1 SUPP. 7 (1-2020) HAWAI`I COUNTY CODE This page intentionally left blank. SUPP. 7 (1-2020) 19-54.2 REAL PROPERTY TAXES § 19-74 Section 19-74. Persons affected with Hansen's disease. Any person who has been declared by authority of law to be a person affected with Hansen's disease in the communicable stage and is admitted to a hospital for isolation treatment, shall, so long as that person is so hospitalized, and thereafter for so long as such person has been so declared to be therefrom temporarily released, shall, so long as that person remains or continues under temporary release, be exempted except for the minimum tax from real property taxes on all real property owned by the person on the date when the person was declared to be a person so affected with Hansen's disease, up to, but not exceeding, a taxable value of$50,000. (1983 CC, c 19, art 10, sec 19-74; am 1997, ord 97-84, sec 1.) Section 19-75. Exemption, persons who are blind, deaf, and/or totally disabled. (a) Definitions as used in this chapter: (1) "Blind" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees, as certified under this section. (2) "Deaf' means a person whose average loss in the speech frequencies (five hundred to two thousand Hertz) in the better ear is ninety-two decibels, or such other level as may be updated by American National Standards Institute (A.N.S.I.), or worse, as certified under this section. (3) "Totally disabled" means a person who is totally disabled, either physically or mentally, and who, except for such total disability, would be able to engage in substantial gainful business or occupation, as certified under this section. (b) Any person who is qualified for the homeowner exemption under section 19-71 and who is certified as blind, deaf, and/or totally disabled as defined in this section shall be exempt from real property taxes on real property owned and occupied as the principal home by the person up to, but not exceeding a taxable value of$50,000. Except that no exemption shall apply to any minimum tax payable under section 19-90(e) of this chapter. (c) The disability shall be certified by: (1) a physician licensed under chapter 453, Hawai`i Revised Statutes, (2) a qualified out-of-state physician who is currently licensed to practice in the state in which the physician resides, or (3) a commissioned medical officer in the United States military or public health service, engaged in the discharge of one's official duty. Certification for a person who is blind or deaf may also be made by a licensed optometrist or licensed audiologist as the case may be. Certification shall be on forms prescribed by the department of finance. For disabled and unemployable veterans, the proof of disability or unemployable status submitted pursuant to section 19-73(1) from the Veterans Administration, may be substituted for the required certification. Official documentation from the Social Security Administration may also be substituted for the required certification. 19-55 SUPP. 7 (1-2020) 19-75 HAWAI`I COUNTY CODE (d) Any person who is certified as being temporarily blind, deaf, and/or totally disabled shall submit an annual certification or recertification, as required by this section. No exemption shall be allowed unless the required certification or recertification is submitted. (e) Any person who qualifies for an exemption under this section shall be allowed to apply for only one of the exemptions established in this section. (f) In the case of a lease of Hawaiian homestead land, where either a husband or wife is of non-Hawaiian descent, either spouse shall be entitled to the blind, deaf, or totally disabled exemption in the same manner as if either spouse was considered the owner thereof, provided proof of marriage is submitted to the director of finance. (1983 CC, c 19, art 10, sec 19-75; am 1989, ord 89-150, sec 2; am 1990, ord 90-152, sec 2; am 1997, ord 97-84, sec 1; am 2001, ord 01-73, sec 1; am 2009, ord 09-27, sec 3; am 2014, ord 14-127, sec 1; am 2018, ord 18-88, sec 2.) Section 19-76. Nonprofit medical, hospital indemnity associations; tax exemption. Every association or society organized and operating under chapter 433, Hawaii Revised Statutes,* solely as a nonprofit medical indemnity or hospital service association or society or both shall be, from the time of such organization, exempt except for the minimum tax from real property taxes on all real property owned by it. (1983 CC, c 19, art 10, sec 19-76; am 1997, ord 97-84, sec 1.) *Editor's Note:Chapter 433,Hawai`i Revised Statutes,was repealed and its provisions incorporated into chapter 432. Section 19-77. Charitable, etc., purposes. (a) There shall be exempt except for the minimum tax from real property taxes real property designated in subsection (b) or (c) and meeting the requirements stated therein, actually and (except as otherwise specifically provided) exclusively used for nonprofit purposes. If an exemption is claimed under one of these subsections (b) and (c), an exemption for the same property may not also be claimed under the other of these subsections. Claimants shall submit to the director of finance documentation from the Internal Revenue Service verifying their exemption status. (b) This subsection applies to property owned in fee simple, leased, or rented for a period of one year or more, by the person using the property for the exempt purposes, hereinafter referred to as the person claiming the exemption. If the property for which exemption is claimed is leased or rented, the lease or rental agreement shall be in force and recorded in the bureau of conveyances. Exemption is allowed by this subsection to the following property: (1) Property used for school purposes including: (A) Kindergartens, grade schools, junior high schools, and high schools, which carry on a program of instruction meeting the requirements of the compulsory school attendance law, section 302A-1132, Hawai`i Revised Statutes, or which are for preschool children who have attained or will SUPP. 7 (1-2020) 19-56 REFUSE § 20-31 "Public highway" means all roads, highways, alleys, streets, ways, lanes, bikeways, and bridges open to the use of the public for purposes of vehicular travel that is acquired or built by the government. "Public property" means all real property owned by the County or State of Hawai`i, or the Federal government. "Refuse" means any discarded or disposable matter, including garbage, rubbish and swill. "Rubbish" means solid waste or rejected material including paper and cardboard cartons, straw, excelsior, rags, clothes, shoes, bottles, tin cans, china, glass, metalware, leaves, grass, tree branches, and any other material of similar character but not including material such as tree stumps, lumber or iron pipes exceeding five feet in length, concrete blocks and tiles, cement, acids, iceboxes, refrigerators, ranges, radios, television sets, phonographs,bedsteads,bed springs, tables, sofas, chairs, and other furniture, water heaters, water tanks, sinks, and other similar material or equipment of a weighty or bulky nature. "Swill" means any food waste which is fit for animal consumption. "Transfer station" means a facility designed to collect household rubbish from the surrounding community and to transport this refuse to a suitable disposal facility. (1983 CC, c 20, art 3, sec 20-31; am 1988, ord 88-160, sec 1; am 1994, ord 94-87, sec 2; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, secs 1, 2 and 3; am 2012, ord 12-155, secs 1 and 2; am 2018, ord 18-82, sec 1; am 2019, ord 19-95, sec 2.) Section 20-32. Removal required; disposal; drainage of liquids. (a) Every owner or occupant of any residence or business building or premises within the County shall remove or cause to be removed to the County dumping grounds any refuse from any residence or business building or premises. (b) This section shall not prevent any owner or occupant from disposing of refuse within the owner's premises by burning, burying, or destroying the refuse in compliance with any applicable statute, ordinance, and rule and regulations. (c) Any garbage or swill, prior to its removal to the County dumping grounds, shall be drained of all liquid. (1983 CC, c 20, art 3, sec 20-32.) Section 20-33. Receptacle specifications. Any garbage or swill shall be contained in a leak-proof metal or plastic receptacle and shall be securely covered at all times so as to exclude insects and animals. Any rubbish, except hedge cuttings, stumps, branches, banana leaves, palm and coconut leaves or other similar material, shall be contained in a metal or wood receptacle, or in a paper or a cardboard carton of sufficient strength to adequately contain the contents therein. (1983 CC, c 20, art 3, sec 20-33.) Section 20-34. Location of receptacles; placement for collection. (a) Any refuse and receptacle shall be kept on private premises and shall not be placed upon any sidewalk or government right-of-way for collection purposes, except any refuse receptacle that may be placed and affixed on any sidewalk or government right-of-way for public use. 20-7 SUPP. 7 (1-2020) 20-34 HAwAI`I COUNTY CODE (b) For the purpose of collection, any refuse and receptacle may be placed in that area of the private premises adjacent to the sidewalk or the government right-of-way. The refuse and the receptacle placed adjacent to the sidewalk or the government right-of-way shall be situated so as not to create a hazard to any pedestrian or traffic. (1983 CC, c 20, art 3, sec 20-34.) Section 20-35. [Former] Repealed. (1983 CC, c 20, art 3, sec 20-35; am 1988, ord 88-160, sec 2; rep 1994, ord 94-87, sec 3.) Section 20-35. Permit required for refuse disposal. (a) No business, Federal or State agency, religious entity or nonprofit organization shall dispose of refuse at any County solid waste facility without first obtaining a disposal permit issued by the director and making payment of the permit fee as required herein. (b) No person shall dispose of refuse at any county landfill without first obtaining a disposal permit issued by the director. Persons not representing any business, Federal or State agency, religious entity or nonprofit organization need not obtain a permit to dispose of refuse at a County transfer station. (c) An application for a disposal permit shall be submitted to the director on a form furnished by the department. (1) For businesses, Federal or State agencies, religious entities and nonprofit organizations, the following information is required: (A) Name, address and telephone number of the business, Federal or State agency, religious entity or nonprofit organization. (B) Make, model, tare weight, carrying capacity in cubic yards and license number of the vehicle(s) which would be used to dispose refuse. (C) Approximate volume and frequency of refuse to be disposed. (D) Other information as deemed necessary by the director. (2) Persons not acting as or on behalf of any business, public agency, religious entity or nonprofit organization shall provide their name, residence and mailing address, residence and employer telephone numbers, drivers license number and any other information deemed necessary by the director for billing and collection purposes. (d) The disposal permit shall be effective for a period of one year from the date of issuance. (e) The director may suspend or revoke a disposal permit for the following reasons: (1) Failure to pay any disposal charges or special handling fees when due. (2) Failure to comply with the provisions of this chapter. (3) Failure to comply with disposal procedures and/or conditions established by the department. 20-8 REFUSE § 20-60 Although foods packaged outside of the limits of Hawai`i County are excluded from the provisions of this article, the purveyors of foods prepackaged outside of the limits of Hawai`i County are encouraged to follow these provisions and thereby support the County's policy goal to eliminate the use of polystyrene foam disposable food service ware. Implementation of this ban will begin to maximize diversion of compostables, including compostable foodware, from the waste stream to be available as compost to farmers, landscapers, and residents once the County's full-scale compost program is in place. Through these measures, it is the County's intent to improve environmental quality on the island and in the neighboring marine environment. Reduction of the amount of nondegradable and nonrecyclable waste that enters the waste stream is consistent with and furthers the goals and policies expressed in this County's general plan, integrated resource and solid waste management plan, and its adopted zero waste policy as well as promotes the health, safety, and welfare of the County and its residents. (2017, ord 17-63, sec 1; am 2019, ord 19-85, sec 1.) Section 20-61. Administration. The director of the department of environmental management shall administer this article. (2017, ord 17-63, sec 1.) Section 20-62. Definitions. As used in this article, unless otherwise specified: "ASTM standard" means the standards of the American Society for Testing and Materials International Standards D6400 or D6868 for biodegradable and compostable paper and plastics. "Biodegradable" means the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. It is the ability of organic matter to break down from a complex to a more simple form. "Compostable" means all materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in an appropriate composting program or facility. Compostable disposable food service ware includes ASTM-standard paper and bio-plastics (plastic-like) products that are clearly labeled so that any compost collector and processor can easily distinguish the ASTM- standard compostable material from non-ASTM standard compostable material. "County facility" means any building, structure, or vehicle owned and operated by the County, its agents, agencies, and departments and includes County buildings, structures, parks, recreation facilities, or property. 20-19 SUPP. 7 (1-2020) 20-62 HAwAI`I COUNTY CODE "County facility users" means all persons, societies, associations, organizations, or special event promoters who require a permit to reserve or rent a County facility or a permit or contract to use a sidewalk or roadway. County facility users also include concession contracts with the County, County managed concessions, County sponsored events and food services provided at County expense. "Customer" means a person obtaining prepared food from a food provider. "Director" means the director of the department of environmental management or the director's authorized representative. "Disposable food service ware" means disposable food containers that are commonly disposed of after a single use, that are used, or are intended to be used, to serve or transport prepared, ready-to-consume food or beverages. This includes, but is not limited to, cups, bowls, plates, or clamshell containers that are provided by a food vendor for takeout foods and beverages and/or leftovers from partially consumed meals. For the purpose of this article, "disposable food service ware" excludes straws, cup lids, utensils, food-related bags and wrappers, packaging for unprepared food, and pre- packaged or pre-sealed items such as bread, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or other items typically sold in a grocery store or a food manufacturer's retail location. "Food packaging" means all food-related wrappings, bags,boxes, containers, bowls, plates, trays, cartons, cups, lids, or drinking utensils, in which food or beverage is placed or packaged on the retail food establishment's premises, and which are not intended for reuse. Food packaging does not include forks, spoons, knives, straws, stirrers, or single-service condiment packages. "Food provider" means any vendor, business, organization, entity, group, or individual operating in the County which provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, caterer, catering truck or vehicle; and any organization, group or individual which provides food in conjunction with services. "Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks, spoons, knives, napkins, trays, and other items primarily designed for use in consuming food. "Food vendor" means any retail food establishment. "Polystyrene foam" means a thermoplastic petrochemical material utilizing the styrene monomer, which may be marked with resin symbol#6, processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene), sometimes referred to as "Styrofoam," a Dow Chemical Company trademarked form of polystyrene foam insulation. In food service, polystyrene foam is generally used to make cups,bowls, plates, trays, clamshell containers, meat trays and egg cartons intended for a single use. "Polystyrene foam" does not include solid hard polystyrene. SUPP. 7 (1-2020) 20-20 REFUSE § 20-62 "Prepared food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption by a retail consumer on the premises of a retail food establishment, including, but not limited to, beverages, ready to eat, and takeout food. "Prepared food" does not include raw: eggs; butchered meats; fish; and/or poultry unless provided for consumption without further food preparation or heating. For example, sashimi and poke shall be considered to be prepared food. This also does not include pre-packaged or pre-sealed items such as breads, cookies, milk,juice, snacks, candy, nuts, fruits, vegetables, or other items typically sold in a grocery store or a food manufacturer's retail location. "Recyclables" means material that has reached the end of its current use and may be processed into material utilized in the production of new products. "Retail food establishment" means any sales outlet, store, shop, vehicle, or other place of business which sells or conveys foods or beverages to consumers, which foods or beverages are contained, wrapped, or held in or on food packaging. "Retail food establishment" shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured, and sold or offered for sale, including, but not limited to a: restaurant; drive-in; coffee shop; cafeteria; short-order cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain;bed and breakfast; inn; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding establishment; catering kitchen; mobile food preparation unit; commissary; grocery store; public food market; produce stand; food stand; or any other place in which food and drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is processed, prepared, served, or provided to or for consumers for charge. (2017, ord 17-63, sec 1; am 2019, ord 19-85, sec 2.) Section 20-63. Construction and preemption. Any provision of this article shall be null and void upon the adoption of any state or federal law or regulation imposing the same, or essentially the same, limits on the use of prohibited products as set forth in this article. This article is intended to be a proper exercise of the County's police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter-county or inter-state commerce. It shall be construed with that intent. (2017, ord 17-63, sec 1.) Division 2. Prohibitions and Requirements. Section 20-64. Prohibitions. Food vendors are prohibited, as of July 1, 2019, from providing food to a customer in disposable food service ware that is made from polystyrene foam. (2017, ord 17-63, sec 1.) 20-21 SUPP. 7 (1-2020) 20-65 HAwAI`I COUNTY CODE Section 20-65. Required use of recyclable or compostable food service ware. (a) As of July 1, 2019, all food vendors using any disposable food service ware shall use a suitable recyclable or compostable product. (b) As of July 1, 2019, all County facility users shall use a suitable recyclable or compostable product for disposable food service ware. (2017, ord 17-63, sec 1.) Section 20-66. Exemptions. (a) The following are exempt from the provisions of this article: (1) Foods packaged outside the limits of the County of Hawai`i; (2) Coolers and ice chests that are intended for reuse; and (3) Packaging for raw: meat; poultry; seafood; and eggs that have not been further processed. (b) County facility users and food vendors. (1) The director may exempt a food vendor or County facility user from the provisions of this article, in a situation where compliance with the terms of this article would result in undue hardship. The exemption shall be in place for a period of time not to exceed one hundred eighty days. (2) Undue hardship includes, but is not limited to, situations unique to the food vendor or County facility user that generally do not apply to other persons in similar circumstances. (3) Food vendors and County facility users seeking an exemption from the requirements of this article shall provide all required information on an application for exemption, including but not limited to, documentation supporting the applicant's claim that compliance with this article will result in undue hardship. (4) The director may approve or deny an exemption request in whole or in part. Applicants may appeal the director's decision to the environmental management commission. (5) All exemptions shall be promptly posted on the County website for the department of environmental management as a notice of temporary exemption. (c) Emergency supplies or services procurement. The mayor may exempt County facility users and food vendors from the provisions of this article, in a situation deemed by the mayor to be an emergency that necessitates such exemption in order to preserve the public peace, health, and safety. The exemption shall be in place until the mayor determines that the emergency situation has ceased and the exemption is no longer needed to preserve the public peace, health, and safety. (2017, ord 17-63, sec 1; am 2019, ord 19-85, sec 3.) SUPP. 7 (1-2020) 20-22 ZONING § 25-2-56 Section 25-2-56. Repealed. (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 7.) Section 25-2-57. Repealed. (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 8.) Section 25-2-58. Appeals. (a) If the director denies a variance application, such decision is final except, that, within thirty days after the date of the written decision, the applicant may appeal such action to the board of appeals, pursuant to the rules of practice and procedure of the board of appeals. (b) Any person aggrieved by the decision of the director in the issuance of a variance decision may appeal the director's action to the board of appeals, in accordance with this chapter, within thirty days after the date of the director's written decision. (1999, ord 99-112, sec 6.) Division 6. Use Permits. Section 25-2-60. Purpose. Use permits are permits for certain permitted uses in zoning districts which require special attention to insure that the uses will neither unduly burden public agencies to provide public services nor cause substantial adverse impacts upon the surrounding community. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-2-61. Applicability; use permit required. (a) The following uses shall be permitted 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. 25-35 § 25-2-61 HAwAI`I COUNTY CODE (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 0 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 RCX, RA, A, CN, CG, CV, MCX, ML, MG and 0 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 0 districts. (11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and 0 districts. (12) Wind energy facilities in the 0 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. (b) Any use which received an approval as a conditionally permitted use prior to September 25, 1984, or which received prior approval through the use permit process, is considered a legal use of the affected parcel and may be expanded or enlarged without obtaining another use permit, provided such expansion, enlargement or addition is in full compliance with this chapter and the applicable district regulations. (c) A use permit shall not be required for any use described in subsection (a) above, if a special permit is obtained for that use, pursuant to section 205-6, Hawaii Revised Statutes. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2007, ord 07-55, sec 2; am 2008, ord 08-2, sec 2; am 2010, ord 10-17, sec 2; am 2011, ord 11-25, sec 1; ord 11-26, sec 1; am 2012, ord 12-91, sec 2; ord 12-124, sec 2; am 2014, ord 14-86, sec 2; am 2019, ord 19-100, sec 2.) SUPP. 7 (1-2020) 25-36 ZONING § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de minimis structure position discrepancy unless: (a) The discrepancy is greater than the difference as allowed by the de minimis structure position discrepancy definition, or (b) The director finds that the improvement was placed with knowledge that it would violate the minimum yard or open space requirements; or (c) The improvement could be moved, or the discrepancy otherwise corrected, without significant expense, difficulty, or hardship to the applicant. (2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the application for recognition of de minimis structure position discrepancy, the director shall notify the applicant in writing that the discrepancy is not a violation of the zoning code and that it may remain in place without a variance. (2002, ord 02-70, sec 3.) Section 25-4-70. Disclosure. A de minimis structure position discrepancy shall be disclosed by the owner to subsequent purchasers of the property in question. (2002, ord 02-70, sec 3.) Section 25-4-71. Appeals. The director's decision with respect to a de minimis structure position discrepancy is appealable to the board of appeals. (2002, ord 02-70, sec 3.) Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies the required minimum building site area in thousands of square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-73 25-5-3 HAwAI`I COUNTY CODE Section 25-5-3. Permitted uses. (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) Group living facilities. (8) Home occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Model homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (13) Short-term vacation rentals situated in the general plan resort and resort node areas. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Utility substations, as permitted under section 25-4-11. (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) Schools. (9) Telecommunication antennas and towers. (10) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord 14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3.) Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 7 (1-2020) 25-74 ZONING § 25-5-22 (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) Schools. (8) Telecommunication antennas and towers. (9) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted under this section shall also be permitted in the RD district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 4; am 2014, ord 14-86, sec 4; am 2018, ord 18-114, sec 6; am 2019, ord 19-100, sec 4.) Section 25-5-23. Height limit. The height limit in the RD district shall be thirty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-24. Minimum building site area. The minimum building site area in the RD district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-25. Minimum building site average width. Each building site in the RD district shall have a minimum average width of sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand five hundred square feet, except that no building site shall be required to have an average width of more than one hundred fifty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-26. Minimum yards. The minimum yards in the RD district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: (A) Front and rear yards, fifteen feet; and (B) Side yards, eight feet. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front and rear yards, twenty feet; and (B) Side yards, ten feet. 25-77 SUPP. 7 (1-2020) § 25-5-26 HAwAI`I COUNTY CODE (3) On a building site with a required area of twenty thousand square feet or more: (A) Front and rear yards, twenty-five feet; and (B) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 2.) Section 25-5-27. Other regulations. (a) There may be more than one double-family dwelling or more than two single-family dwellings or any combination thereof on each building site in the RD district; provided that the minimum land area requirement for each dwelling unit is met. (b) There shall be at least fifteen feet between the exterior walls of each main structure on the same building site in the RD district. (c) Plan approval shall be required for all new buildings and additions to existing buildings in the RD district, except for construction of one single-family dwelling and any accessory buildings per lot. (d) Exceptions to the regulations for the RD district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 3; am 2015, ord 15-33, sec 4.) Division 3. RM, Multiple-Family Residential Districts. Section 25-5-30. Purpose and applicability. The RM (multiple-family residential) district provides for medium and high density residential use. It covers areas with full community facilities and services. It may occupy transition areas between commercial or industrial areas and other districts of less intense land use. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-31. Designation and density of RM districts. (a) Each RM (multiple-family residential) district shall be designated on the zoning map by the symbol "RM" followed by a number which indicates the required land area, in thousands of square feet, for each dwelling unit or for each separate rentable unit in the case of boarding, rooming, or lodging houses, fraternity or sorority houses. (b) In case any of the permitted uses have dormitories, two beds shall be equivalent to one separate rentable unit for purposes related to the required land area in the RM district. (c) The maximum density designation in the RM district shall be .75 or seven hundred fifty square feet of land area per dwelling unit or separate rentable unit. (d) In the RM district the following density designations shall be used: .75, 1, 1.5, 2, 2.5, 3, 3.5, 4 and upward in 0.5 increments. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-78 ZONING § 25-5-32 Section 25-5-32. Permitted uses. (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) Group living facilities. (13) Home occupations, as permitted under section 25-4-13. (14) Meeting facilities. (15) Model homes, as permitted under section 25-4-8. (16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (17) Public uses and structures, as permitted under section 25-4-11. (18) Short-term vacation rentals situated in any of the following: (A) General plan resort and resort node areas. (B) Outside the general plan resort and resort node areas, in multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 514B, Hawaii Revised Statutes. (19) Temporary real estate offices, as permitted under section 25-4-8. (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. (21) Utility substations, as permitted under section 25-4-11. (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. 25-79 SUPP. 6 (7-2019) § 25-5-32 HAwAI`I COUNTY CODE (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) Schools. (8) Telecommunication antennas and towers. (9) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RM district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 5; am 2014, ord 14-86, sec 5; am 2018, ord 18-114, sec 7; am 2019, ord 19-100, sec 5.) Section 25-5-33. Height limit. (a) In areas in the County outside of the City of Hilo, the height limit in the RM district shall be forty-five feet. (b) In the City of Hilo, the height limit in the RM district shall be one hundred twenty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-34. Minimum building site area. The minimum building site in the RM district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-35. Minimum building site average width. Each building site in the RM district shall have a minimum average width of sixty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-36. Minimum yards. Minimum yards in the RM district shall be as follows: (1) Front and rear yards, twenty feet; and (2) Side yards, eight feet for a one-story building, plus an additional two feet for each additional story. (1996, ord 96-160, sec 2; ratified 1999, ord 96-160, sec 1.) Section 25-5-37. Landscaping. Landscaping shall be provided on a minimum of twenty percent of the total land area of any building site in the RM district, except for lots containing only one single- family dwelling and accessory buildings. Parking areas shall not be included within the area required for landscaping on any building site. (1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.) SUPP. 7 (1-2020) 25-80 ZONING § 25-5-98 (c) Plan approval shall be required for all new structures and additions to existing structures in the V district, except for construction of one single-family dwelling and any accessory buildings per lot. (d) Exceptions to the regulations for the V district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 9; am 2015, ord 15-33, sec 4.) Division 10. CN, Neighborhood Commercial Districts. Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Automobile service stations. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (7) Churches, temples and synagogues. (8) Community buildings, as permitted under section 25-4-11. (9) Convenience stores. (10) Crematoriums, funeral homes, funeral services, and mortuaries. (11) Crop production. (12) Day care centers. (13) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 25-101 SUPP. 7 (1-2020) § 25-5-102 HAwAI`I COUNTY CODE (14) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (15) Dwellings, single-family. (16) Family child care homes. (17) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (18) Financial institutions. (19) Group living facilities. (20) Home occupations, as permitted under section 25-4-13. (21) Medical clinics. (22) Meeting facilities. (23) Model homes, as permitted under section 25-4-8. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Short-term vacation rentals situated in the general plan resort and resort node areas. (35) Telecommunication antennas, as permitted under section 25-4-12. (36) Theaters. (37) Utility substations as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CN district, provided that a use permit is issued for each use: (1) Major outdoor amusement and recreation facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 12; am 2018, ord 18-114, sec 10; am 2019, ord 19-100, sec 6; am 2019, ord 19-100, secs 6 and 7.) Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 7 (1-2020) 25-102 ZONING § 25-5-132 (55) Warehousing. (56) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, 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) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MCX district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2003, ord 03-113, sec 1; am 2011, ord 11-26, sec 3; am 2012, ord 12-28, sec 15.) Section 25-5-133. Height limit. The height limit in the MCX district shall be forty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-134. Minimum building site area. The minimum building site area in the MCX district shall be twenty thousand square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-135. Minimum building site average width. Each building site in the MCX district shall have a minimum building site average width of ninety feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-136. Minimum yards. The minimum yards in the MCX district shall be as follows: (1) Front yards, twenty feet; and (2) Side and rear yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-137. Landscaping of yards. (a) All front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. (b) Any required side or rear yard in the MCX district adjoining a building site in an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-113 § 25-5-138 HAwAI`I COUNTY CODE 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 commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 14. ML, Limited Industrial Districts. Section 25-5-140. Purpose and applicability. The ML (limited industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-141. Designation of ML districts. Each ML (limited industrial) district shall be designated by the symbol "ML" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 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) Amusement and recreation facilities, indoor. (4) Animal hospitals. (5) Animal quarantine stations. (6) Aquaculture activities. (7) Automobile and truck storage facilities. (8) Automobile and truck sales and rentals. (9) Automobile service stations. (10) Bakeries. (11) Bars. (12) Broadcasting stations. (13) Car washing. (14) Carpentry, hardwood products and furniture manufacturing and storage establishments. (15) Catering establishments. (16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (17) Churches, temples and synagogues. (18) Cleaning and dyeing plants. SUPP. 7 (1-2020) 25-114 ZONING § 25-5-142 (19) Commercial parking lots and garages. (20) Community buildings, as permitted under section 25-4-11. (21) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (22) Crematoriums, funeral homes, funeral services, and mortuaries. (23) Day care centers. (24) Financial institutions. (25) Food manufacturing and processing facilities. (26) Greenhouses, plant nurseries. (27) Heavy equipment sales, service and rental. (28) Home improvement centers. (29) Junkyards, provided that the building site is not less than one acre in area. (30) Laboratories, medical and research. (31) Laundries. (32) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (33) Manufacturing, processing and packaging establishments, light. (34) Motion picture and television production studios. (35) Photographic processing. (36) Plumbing, electrical, air conditioning and heating establishments. (37) Public uses and structures, as permitted under section 25-4-11. (38) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (39) Recycling centers, which do not involve the processing of recyclable materials. (40) Repair establishments, minor. (41) Restaurants. (42) Self storage facilities. (43) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (44) Telecommunication antennas, as permitted under section 25-4-12. (45) Temporary real estate offices, as permitted under section 25-4-8. (46) Transportation and tour terminals. (47) Truck, freight and draying terminals. (48) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (49) Utility substations, as permitted under section 25-4-11. (50) Veterinary establishments. (51) Vocational schools. (52) 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. 25-115 SUPP. 7 (1-2020) § 25-5-142 HAwAI`I COUNTY CODE (b) In addition to those uses permitted under subsection (a) above, 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. (c) 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) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the ML district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-26, sec 4; am 2012, ord 12-28, sec 16; am 2019, ord 19-100, sec 8.) Section 25-5-143. Height limit. The height limit in the ML district shall be forty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-144. Minimum building site area. The minimum building site area in the ML district shall be ten thousand square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-145. Minimum building site average width. Each building site in the ML district shall have a minimum building site average width of seventy-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-146. Minimum yards. Minimum yards in the ML district shall be as follows: (1) Front yard, fifteen feet; and (2) Side and rear yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 7 (1-2020) 25-116 ZONING § 25-5-147 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 commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 15. MG, General Industrial Districts. Section 25-5-150. Purpose and applicability. The MG (general industrial) district applies to areas for uses that are generally considered to be offensive or have some element of danger. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-151. Designation of MG districts. Each MG (general industrial) district shall be designated by the symbol "MG" followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site, or if the number is followed by the symbol "a,"by the minimum number of acres required for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-152. Permitted uses. (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) Amusement and recreation facilities, indoor. (4) Animal hospitals. (5) Animal quarantine stations. (6) Animal sales, stock, and feed yards. (7) Aquaculture activities and facilities. (8) Automobile and truck storage facilities. (9) Automobile body and fender establishments. (10) Automobile service stations. (11) Bakeries. (12) Bars. (13) Breweries, distilleries, and alcohol manufacturing facilities. (14) Broadcasting stations. 25-117 SUPP. 7 (1-2020) § 25-5-152 HAWAI`I COUNTY CODE (15) Bulk storage of flammable products and bulk storage of explosive products. (16) Car washing. (17) Catering establishments. (18) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (19) Churches, temples and synagogues. (20) Cleaning and dyeing plants. (21) Commercial parking lots and garages. (22) Community buildings, as permitted under section 25-4-11. (23) Concrete or asphalt batching and mixing plants and yards. (24) Contractors'yards for equipment, material, and vehicle storage, repair, or maintenance. (25) Crematoriums, funeral homes, funeral services, and mortuaries. (26) Day care centers. (27) Dumping, disposal, incineration, or reduction of refuse or waste matter. (28) Expansion of an existing commercial excavation operation, provided that plan approval is secured from the director. (29) Fabricating establishments. (30) Fertilizer manufacturing plants. (31) Financial institutions. (32) Food manufacturing and processing facilities. (33) Freight movers. (34) Greenhouses, plant nurseries. (35) Heavy equipment sales, service and rental. (36) Home improvement centers. (37) Junkyards. (38) Kennels. (39) Laboratories, medical and research. (40) Laundries. (41) Lava rock or stone cutting or shaping facilities. (42) Lumberyards and building material yards. (43) Machine, welding, sheet metal, and metal plating and treating establishments. (44) Manufacturing, processing and packaging establishments, light and general. (45) Marine railways, drydocks, and ship or boat yards. (46) Motion picture and television production studios. (47) Photographic processing. (48) Public dumps. (49) Public uses and structures, as permitted under section 25-4-11. (50) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (51) Recycling centers. (52) Reduction, refining, smelting, or alloying of metals, petroleum products or ores. SUPP. 7 (1-2020) 25-118 ZONING § 25-5-152 (53) Repair establishments, major and minor. (54) Restaurants. (55) Saw mills. (56) Self storage facilities. (57) Slaughterhouses. (58) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (59) Storage, curing, or tanning of raw, green, or salted hides or skins. (60) Telecommunication antennas, as permitted under section 25-4-12. (61) Temporary real estate offices, as permitted under section 25-4-8. (62) Transportation and tour terminals. (63) 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. (65) Utility substations, as permitted under section 25-4-11. (66) Veterinary establishments. (67) Warehousing. (68) Wholesaling and distribution, including the storage of incidental materials and equipment. (69) Yacht harbors and boating facilities. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MG district, provided that a use permit is issued for each use: (1) Commercial excavation. (2) Major outdoor amusement and recreation facilities. (3) Schools. (c) Any other use not otherwise permitted in subsection (a) that relates to the manufacturing, transportation, processing, assembling, distributing, repairing, and storage of goods, products, or materials, shall be permitted in the MG district. (d) The following uses shall be permitted in the MG 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 MG 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. (e) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MG district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-68, sec 2; am 2011, ord 11-26, sec 5; am 2012, ord 12-28, sec 17; am 2019, ord 19-100, sec 9.) 25-119 SUPP. 7 (1-2020) § 25-5-153 HAwAI`I COUNTY CODE Section 25-5-153. Height limit. The height limit in the MG district shall be fifty feet. An industrial structure may be built to a height of one hundred feet, provided the extra height is determined by the director to be functionally necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-154. Minimum building site area. The minimum lot area in the MG district shall be twenty thousand square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-155. Minimum building site average width. Each building site in the MG district shall have a minimum building site average width of one hundred feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-156. Minimum yards. The minimum yards in the MG district shall be as follows: (1) Front yard, twenty feet; and (2) Side and rear yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-157. Other regulations. (a) All front yards in the MG district shall be landscaped, except for drives and walkways. (b) Where any required side or rear yard in the MG district adjoins a building site in an RS, RD, RM or RCX district, a solid wall six feet in height shall be erected and maintained along the side and rear property lines so adjoining. (c) Plan approval shall be required for all new structures and additions to existing structures in the MG district. (d) Exceptions to the regulations for the MG district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. 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CONFLAGRATIONS, HOLOCAUSTS, Contractual authority of the various boards, FIRES, ETC. commissions, departments, etc. See specific Remission of taxes in certain disasters 19-36 departments,boards, etc., as indexed County housing agency contracts, signing CONFLICT OF INTEREST 2-73 Nonprofit organizations, appropriations to 2- Financial disclosures, disclosures of interest 136 et seq. 2-91.1 See: FINANCES Sale or lease by sealed bids CONFLICTING INTERESTS OF Property disposition by county 2-113 PERSONNEL Special assessments for improvements 12-1 et seq. Code of ethics 2-79 et seq. See: PUBLIC WORKS AND See: CODE OF ETHICS IMPROVEMENTS Financial disclosures and disclosures of interest 2-91.1 et seq. CONTROLLER Official bonds 2-2 CONSERVATION Alternate energy improvements tax CONVEYANCES exemptions 19-82 Real property taxes 19-1 et seq. See: REAL PROPERTY TAXES See: REAL PROPERTY TAXES CONSTITUTION CO-PARTNERSHIPS Severability of unconstitutional parts of code Real property tax returns 19-15 1-9 See: REAL PROPERTY TAXES CONSTRUCTION CORAL, ROCKS, ETC. Building regulations. See: BUILDINGS Removal of sand, etc. from park and Department of Public Works Divisions 2-41 recreational areas 15-6 See: DEPARTMENT OF PUBLIC WORKS CORNER LOTS Parking stalls 24-221 et seq. Zoning regulations. See: ZONING See: TRAFFIC Plumbing and plumbing code 17-1 et seq. CORNERS See: PLUMBING CODE (Generally) Vehicles cutting corners 24-172 CONTAMINATION CORPORATION COUNSEL Parks and recreational area restrictions Advancement within grade 2-148 15-30 Claims, settlement 2-9 Sewer regulations 21-1 et seq. Deputies, salaries 2-143 et seq. See: WATER AND SEWERS Land acquisition, settlement 2-10 Official bonds 2-2 CONTRACTORS Organization of executive branch Building codes 5-1 et seq. Departments, officers, etc., under See: BUILDINGS supervision of mayor 2-7 Electrical installations 9-1 et seq. See: ELECTRICITY CORPORATIONS Person defined re 1-4 CONTRACTS AND AGREEMENTS Proprietor defined re 1-4 Contract certified as to availability of funds Real property tax returns 19-15 Encumbrances construed re 2-12.1 See: REAL PROPERTY TAXES I-19 COUNCIL COUNCIL COUNTY COUNCIL See: COUNTY COUNCIL Compensation for use of private automobiles Defined 1-4 2-101 Meeting agendas posting 14-71 COUNSEL Official bonds 2-2 Corporation counsel 2-9 et seq. Subpoenas,issuance 2-4 See: CORPORATION COUNSEL Officers in general. See: OFFICERS AND COUNTY DEPARTMENTS EMPLOYEES See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY COUNTY Defined 1-4 COUNTY DUMPING GROUNDS Burning on 20-44 COUNTY AGENCIES Garbage disposal, etc. See: GARBAGE See: DEPARTMENTS AND OTHER AND TRASH AGENCIES OF COUNTY Central coordinating agency duties 2-62 COUNTY EQUIPMENT Disposal 2-131 et seq. COUNTY ASSETS See: FINANCES Commercial sponsorship 2-237 et seq. COUNTY FINANCES COUNTY BAND See: FINANCES Executive branch; departments, etc., under direct supervision of managing director COUNTY FIRE FIGHTING EQUIPMENT 2-7(a)(2) Use of 2-22 Fire fighting in general. See: FIRE COUNTY BEACH PARK DEPARTMENT Animal prohibitions, places prohibited 4-18 Animals in general. See:ANIMALS AND COUNTY HIGHWAYS FOWL See: STREETS AND SIDEWALKS COUNTY BUILDING STRUCTURES AND COUNTY HOUSING AGENCY GROUNDS See: HOUSING Director of public works, duties 2-39 Parking regulations 24-229 et seq. COUNTY PERSONNEL See: TRAFFIC See: OFFICERS AND EMPLOYEES COUNTY BUSES COUNTY POLICE Bus terminals 18-21 et seq. See: POLICE DEPARTMENT See: PUBLIC TRANSPORTATION (Common Carriers) COUNTY REVENUE See: FINANCES COUNTY CLERK Defined 1-4 COUNTY SEAL Official bonds 2-2 Description of 2-154 Public records fee schedule, administration Unauthorized use 2-155 2-103 COUNTY STREETS See: PUBLIC RECORDS See: STREETS AND SIDEWALKS COUNTY CODE See: HAWAII COUNTY CODE SUPP. 7 (1-2020) I-20 COUNTY TRANSPORTATION COMMISSION COUNTY TRANSPORTATION CULTIVATED GROUNDS COMMISSION Property offenses 14-39 Generally 18-3 et seq. See: PUBLIC TRANSPORTATION CULTURAL INSTITUTIONS (Common Carriers) Non-profit organizations, appropriations to 2-136 et seq. COUNTY TREASURER See: FINANCES See: TREASURER CURBS COUNTY VEHICLES Street defined re 1-4 See:AUTOMOTIVE DIVISION Public ways in general. See: STREETS AND SIDEWALKS COURTS Special assessments for improvements 12-1 CURFEW et seq. Minors 13-1 to 13-6 See: PUBLIC WORKS AND IMPROVEMENTS CURSING, SWEARING, ETC. Disorderly conduct in park areas 15-9 CREDIT Minors 13-1 et seq. Park and recreational area restrictions, etc. See: MINORS 15-8 et seq. See: PARKS AND RECREATION CURVES AND GRADES Subdivision street design 23-50 CREDIT UNIONS Vehicle warning devices, placement 24-123 Tax exemptions 19-89.2 See: REAL PROPERTY TAXES -- D -- CREMATORIES DAMAGES Real property tax 19-77 Nonliability of the County or its employees Subdivision requirements 23-27 9-7, 17-3 CRIME VICTIMS Nonresponsibility of county re golf course accidents 24-180 Non-profit organizations, appropriations to Park and recreational area restrictions, etc. 2-136 et seq. 15-8 et seq. See: FINANCES See: PARKS AND RECREATION CRIME WATCH SIGNS Property damages 14-40.1 Neighborhood watch signs 14-66 et seq. Road damages, creating 24-157 See: NEIGHBORHOOD WATCH SIGNS See: TRAFFIC CROP SHELTERS DANCE HALLS Real property tax exemptions 19-79 Inspections 6-19 See: REAL PROPERTY TAXES Licenses Applications 6-10 CROSSWALKS Fees 6-14, 6-16 Parking restrictions 24-189 Required 6-9 Pedestrians in general 24-246 et seq. Conditions 6-17 See: TRAFFIC Non transferable 6-15 Display 6-20 CROWDS Liquor prohibited 6-21 Public assemblies. See:ASSEMBLIES Minors prohibited 6-22 I-21 DANCE HALLS Penalties 6-23 Address 14-80 Requirements Adjusted assessment base 33-2 License required 6-9 Adjustment rate 33-2 Location 6-11 Administrative action 2-91.3 Consent of adjoining owners 6-12 Administrative agency 2-91.3 Permit 6-13 Administrative authority 5-4 Bond 6-18 Administrative head 2-238 Adult day care home 25-1-5 DEAD ANIMALS Adult dog 15-78 Disposal 20-37 Aerial device 26-2-2 Refuse disposal in general. See: Aerial sign 3-3 GARBAGE AND TRASH Aesthetic areas 15-66 Affordable housing 11-3 DEAF PERSONS Affordable housing developer 2-110 See: HANDICAPPED PERSONS Affordable housing income guidelines 11-3 Real property tax exemptions 19-75 Affordable rental housing 19-2 See REAL PROPERTY TAXES Affordable rental rate 19-2, 19-53 Affordable unit or affordable housing unit DEATH 11-3 See: INJURY OR DEATH Agency 1-4, 2-82, 11-3, 14-7 DEBITS Aggressive manner 14-74 County finances. See: FINANCES Agricultural activities 25-1-5 Agricultural/open district 3-3 DECORATIONS Agricultural products processing, major Outdoor lighting 14-50 et seq. 25-1-5 See: OUTDOOR LIGHTING Agricultural products processing, minor 25-1-5 DECREES Agricultural tourism 25-1-5 See: JUDGMENTS OR DECREES Agriculture 23-113 Agriculture use value 19-2 DEEDS--DEDICATION OF LAND Alley 23-3, 24-3, 25-1-5 Donations, gifts, dedications to county 2-161 Amusement and recreation facility,indoor et seq. 25-1-5 Parks Amusement and recreation facility, major See: PARK DEDICATION CODE outdoor 25-1-5 Urban districts,in And/or 1-4 Real property tax exemption 19-80 Animal control officer 4-1 Animals 4-1 DEFECATION Another 22-1.2 Dogs, cats, etc., defecating on public ways Any, anyone, anybody 22-1.2 4-19 Animals in general. See:ANIMALS Apartment 23-122 AND FOWL Apartment house 25-1-5 Park areas, etc. 15-30(g) Appeal 27-12 DEFINITIONS Applicant 2-5 Appointing authority 2-143 General definitions for interpreting code 1-4 Apprentice 9-5 Abandoned vehicle 20-31 Approval 8-2, 34-3 Acceptable level of service 25-2-46 Approved development 25-2-46 Accessible to a sewer 21-2 Aquaculture 25-1-5 Accessory building 25-1-5 Area mitigation 25-2-46 Accessory use 25-1-5, 27-12 Area of shallow flooding 27-12 SUPP. 7 (1-2020) I-22 DEFINITIONS Arterial 23-3 Building line 23-3, 25-1-5 Arterial street 24-3 Building official 5-71, 14-51 Articles pyrotechnic 26-2-2 Building or house sewer 21-2 Assessed value of real property 35-1 Building site 25-1-5 Assessment base 33-2 Building site average width 25-1-5 Assessment increment 33-2 Built-in counter-top range 9-40 Assessment unit 12-1 Built-in oven 9-40 Assistant 5-4, 9-5, 17-3 Bureau of conveyances 23-3 ASTM standard 20-62 Bus 24-3 At large 4-1 Business 1-4, 2-82, 3-3, 14-20, 14-116, 20-31 Attack 4-1 Business district 24-3 Auction 6-32 Business establishment 3-3 Auctioneer 6-32 Business improvement district 22-1.2, 35-1 Authority having jurisdiction 9-5, 17-3 Business or industrial street 23-3 Authorized association 35-60 Business service 25-1-5 Authorized association-installed 35-60 Camper 15-3 Authorized emergency vehicle 24-3 Camping 15-3 Authorized person 7-6, 15-3 Candidate 2-121 Authorized personnel 25-1-5 Capital Costs 2-235 Automated sign 3-3 Care home 25-1-5 Automobile service station 25-1-5 Carport 5-71 B.O.D. (biochemical oxygen demand) 21-2 Carrier 18-1 Backfill 27-12 Cash sponsorship 2-238 Banner 3-3 Catering establishment 25-1-5 Bar 14-20 Certificate of disability 24-242 Base flood 27-12 Certification of rental rate 19-2 Base flood elevation 17-52, 27-12 Certified hale builder 5-83 Basement 27-12 Cesspool 21-2 Bed and breakfast establishment 25-1-5 Charter 1-4 Beginning of construction 25-1-5 Chief of police 14-7, 14-67, 18-31, 22-1.2 Bicycle 24-3 City 1-4 Bicycle lane 24-3 City of Hilo 23-3, 25-1-5 Bicycle path 24-3 Civil Defense siren 25-2-46 Bicycle route 24-3 Class I lighting 14-51 Bicycle/walk path 24-3 Class II lighting 14-51 Bikeway 24-3 Class III lighting 14-51 Biodegradable 20-62 Clerk 1-4, 32-16 Bizarre council district shape 36-1 Coastal high hazard area 27-12 Blight 33-2 Collector street 23-3 Blind 19-75 Commercial 3-3 Blue light content 14-51 Commercial agricultural activities 19-2 Board 2-82, 9-5, 26-3-1 Commercial agricultural use dedication 19-2 Bodily injury 4-1 Commercial building 14-20 Bond ordinance 35-1 Commercial cooking oil waste 20-31 Bonds 1-4, 32-16, 35-1 Commercial excavation 25-1-5 Borrow 10-1 Commercial FOG waste 20-31 Bowling alley 14-20 Commercial interests 3-3 Breakaway walls 27-12 Commercial/industrial district 3-3 Building 1-4, 3-3, 5-71, 14-20, 14-80, 22-1.2, Commercial parking lot and garage 25-1-5 25-1-5 Commission 2-198, 18-1, 18-31, 20-31, Building height 25-1-5 21-2, 25-1-5, 36-1 I-23 SUPP. 7 (1-2020) DEFINITIONS Commissioner 36-1 Cul-de-sac 23-3 Committee 2-121 Cultural 26-2-2 Common driveway approach 22-1.2 Customer 20-62 Common element 23-122 Cut 10-1 Community building 25-1-5 Damage to the road 24-157 Community facilities district 32-16 Dangerous dog 4-1, 15-78 Community of common interest 36-1 Data processing facility 25-1-5 Community of interest 36-1 Date of classification 19-2 Community storm shelter 5-81 Day care center 25-1-5 Compensation 2-82 DBEDT 31-2 Compostables 20-50, 20-62 De minimis structure position discrepancy Condominium 23-122 25-1-5 Condominium property regime 23-122 Dead-end street 23-3 Condominium unit 12-1 Deaf 19-75 Conflict of interest 2-136 Debt 32-16 Conforming 23-3, 25-1-5 Declaration 23-122 Connection 21-2 Dedicated lands 19-2 Consolidation 23-3 Dedication 34-3 Consumer fireworks 26-2-2 Default 21-38 Continuous and regular basis 19-2 Demolition 9-5 Contribution 2-91.3, 2-238 Density 25-1-5 Controlled access highway 24-3 Department 2-198, 2-225, 3-3, 9-5, 14-120, Controlling interest 2-82 14-137, 15-3, 20-31, 24-221, 26-2-2 Convenience store 25-1-5 Deputies 2-143 Cooperating department 12-1 Derelict vehicle 20-31 Corporation counsel 22-1.2 Design commission 3-3 Cost 2-5, 12-1, 32-16 Designated agency 30-3 Costs of supplemental improvements 35-1 Designated bank 21-38 Costs of supplemental services and Designated historic and archaeological sites improvements 35-1 10-1 Council 1-4, 2-225, 3-3, 18-31, 25-1-5, 31-2, Designee 1-4 32-16, 33-2 Developer 23-122 Council district deviation 36-1 Development 27-12, 34-3 County 1-4, 2-167, 2-225, 19-2, 30-3, 32-16, Development agreement 30-3 33-2, 35-1 Devices 14-7 County animal control service 4-1 Director 2-136, 2-198, 2-225, 3-3, 6-32, 8-2, County asset 2-238 14-80, 14-120, 15-3, 18-31, 19-2, 20-31, County building code 26-2-2 20-62, 21-2, 22-1.2, 23-3, 25-1-5, 32-16, 33-2, County clerk 35-1 34-3, 35-60 County engineer 24-3 Director of finance 18-1 County environmental report 25-1-5 Director of transportation 23-3 County facility 20-62 Directory sign 3-3 County facility users 20-62 Disaster 7-6 County fire code 26-2-2, 26-3-1 Display 26-2-2 County general plan 23-3 Display case 3-3 Courtesy inspection 17-29 Display fireworks 26-2-2 Cracking 36-1 Disposable food service ware 20-62 Crematorium 25-1-5 Distribute 14-137 Critical road area 25-2-46 District 1-4, 3-3, 8-2, 22-1.2, 32-16, 33-2, Crop production 25-1-5 35 1, 35-60 Crosswalk 24-3 District association 22-1.2, 35-1 Cruise or cruising 18-31 District board 35-1 SUPP. 7 (1-2020) I-24 DEFINITIONS District engineer 23-3, 24-3 Factory-built housing 5-79 District-wide publication Fair market value 8-2 dispensing rack permit 22-1.2 Family 5-71, 25-1-5 Divided highway 24-3 Family child care home 25-1-5 Dog park 15-78 Farm 25-1-5 Double-family dwelling 19-2, 25-1-5 Farm animals 4-1 Drainage facility 27-12 Farm dwelling 19-2, 25-1-5 Drilling operation 14-120 Farm subdivision 23-113 Driver 18-56, 24-3 Farmers market 25-1-5 Driveway 22-1.2 Feed crops and fast rotation forestry 19-2 Driveway approach 22-1.2 Fifteen mile radius 11-3 Ductline 9-5 Fill 10-1, 27-12 Duplex 19-2, 25-1-5 Fill material 27-12 Dwelling 25-1-5 Finance director 22-1.2 Dwelling unit 8-2, 19-2, 25-1-5 Financial interest 2-82 Easement 23-3, 34-3 Financing plan 33-2 Economic benefit 19-77 Financing supplemental services and Electrical contractor 9-5 improvements 35-1 Electrical specialty contractor 9-5 Fire chief 26-2-2, 26-3-1 Electrical specialty work 9-5 Fire Code 5-71 Electrical wiring 9-5 Firecrackers 26-2-2 Electrical work 9-5 Fireworks 26-2-2 Electronic smoking devices 14-20 Fireworks code 26-3-1 Eligible buyer 11-3 First user 5-79 Emergency 24-3 Flag lot 25-1-5 Emergency electrical work 9-5 Flood elevation determination 27-12 Emergency responders 24-167.1 Flood elevation study or flood study 27-12 Employee 1-4, 2-82, 14-7 Flood, flooding, or flood water 27-12 Enclosed or partially enclosed area(s) 14-20 Flood Insurance Rate Map 27-12 Enclosure 35-60 Flood Insurance Study 27-12 Encroachment 27-12 Flood or flooding 17-52 Encumbrance 2-12.1 Flood protection system 27-12 Energy-saving device 25-1-5 Floodplain administrator 27-12 Enforcement officer 4-1, 15-78, 24-242 Floodplain management 27-12 Engineer 10-1, 22-1.2, 23-3 Floodplain management regulations 27-12 Engineer's soils report 10-1 Floodplain or flood-prone area 27-12 Environmental impact statement 25-1-5 Floodproofing 27-12 Equipment 2-238 Floodway 27-12 Equivalent population 21-2 Floodway fringe 27-12 Erected 25-1-5 Floor area, gross 25-1-5 Erosion 10-1 Floor area, net 25-1-5 Excavation 10-1 Following 1-4 Exceptional trees 14-57 Food manufacturing and processing facility Executive agency 1-4 25-1-5 Existing building 5-71 Food packaging 20-62 Existing manufactured home park or Food provider 20-62 subdivision 27-12 Food service ware 20-62 Expenditure 2-91.3 Food vendor 20-62 Extension 21-2 For nonprofit purposes 19-77 Extra inspection 17-29 Fracturing 36-1 Facilities 32-16 Fraud and victimization 27-12 Facility 2-238 Freeboard 27-12 I-25 SUPP. 7 (1-2020) DEFINITIONS Front yard 25-1-5 Hurricane-prone regions 5-82 Frontage 25-1-5 Hydraulic fracturing 14-120 Fully-shaded window 5-84 Ideal council district's population 36-1 Fully shielded 14-51 Illuminated sign 3-3 Functionally dependent use 27-12 Immediate family 2-82 Fund 33-2 Immediate vicinity of a project 25-2-46 Funeral home 25-1-5 Impending disaster 7-6 Funeral services 25-1-5 Import 26-2-2 Future width lines 25-1-5 Improvement area 32-16 Gang cesspool 21-2 Improvement district 12-1 Garbage 20-31, 21-2 Improvements 32-16 Garbage, properly shredded 21-2 In-kind sponsorship 2-238 General floodplain 27-12 Incidental expense 32-16 Genetic engineering 14-91 Incidental expenses of a district 35-1 Genetically engineered 14-129 Incidentals 12-1 Gerrymander 36-1 Increment 21-38 Golf cart 24-176 Indigenous Hawaiian architecture structures Golf cart crossing 24-176 5-83 Golf course maintenance vehicle 24-176 Indirect lighting 3-3 Governmental entity or agency 30-3 Individual 14-51 Grading 10-1 Industrial wastes 21-2 Grant 2-136 Infiltration 21-2 Graphic design 3-3 Inflow 21-2 Grease 21-2 Insert 35-60 Grease traps 21-2 Insignia of approval 5-79 Gross area of opaque roof surfaces 5-84 Inspection 2-5 Gross negligence 2-167 Install 35-60 Ground sign 3-3 Installation 5-79 Group of structures 5-83 Intensive agriculture 19-2 Group living facility 25-1-5 Intentionally 1-11, 14-74 Grubbing 10-1 Interior lot line 25-1-5 Guaranteed borrower 21-38 Intersection 24-3 Guest house 25-1-5 Intoxicating liquor 13-8 Guest ranch 25-1-5 Inundation level 9-5 Gun 14-7 Import 26-2-2 Hale 5-83 Issuing agency 24-242 Half Street 23-3 Journeyman electrician 9-5 Handbill 20-1 Journeyman specialty electrician 9-5 Handler 15-78 Junkyard 25-1-5 Handicapped 18-1 Kailua Industrial Subdivision 3-3 Hardship 27-12 Kailua Village core 3-3 Highest adjacent grade 27-12 Kennel 25-1-5 Highway 24-3 Kitchen 25-1-5 Historic preservation 2-225 Knowingly 14-74 Historic properties 2-225 Land 35-1 Historic structure 27-12 Land surveyor 10-1 Home improvement center 25-1-5 Land use 25-1-5 Home occupation 25-1-5 Landowner 32-16, 35-1 Homeownership counselor 11-3 Landscaping 19-80 Hospital 25-1-5 Lateral 21-2 Hotel 8-2, 14-20, 25-1-5 Lease 2-110 Household rubbish 20-31 Legislative action 2-91.3 Humane society 4-1 SUPP. 7 (1-2020) I-26 DEFINITIONS Levee 27-12 Mobile electronic device 24-167.1 Levee system 27-12 Mobile home 6-25 Level of service 25-2-46 Mobile home park 6-25 License 26-2-2 Mobility device 15-78 Limited common element 23-122 Monetary gain 19-77 Litter 20-1 Month 1-4 Livestock 25-1-5 Moped 24-3 Livestock production 25-1-5 Mortuary 25-1-5 Lobbyist 2-91.3 Motor vehicle 24-3 Lobbying 2-91.3 Motorcycle 24-3 Local mitigation 25-2-46 Motorscooter 24-3 Location 35-60 Mountain 34-3 Lodge 25-1-5 Movie 26-2-2 Lodging unit 8-2 Multifamily dwelling 14-20 Lot 3-3, 23-3, 25-1-5, 34-3 Multiple loading 18-31 Lot line 25-1-5 Multiple-family development 34-3 Lot width 25-1-5 Multiple-family dwelling 25-1-5 Lowest floor 27-12 Must 1-4 Machine or device for reproducing sound Natural outlet 21-2 14-17 Negligently 4-1 Main 21-2 Neighborhood watch 14-67 Main building 25-1-5 Neighborhood watch sign 14-67 Maintenance work 9-5 Nepotism 2-136 Majority 35-1 Net free vent area 5-84 Manager 23-3 Net taxable buildings 19-90 Manufacture 5-79 Net taxable lands 19-90 Manufactured home 27-12 Net taxable real property 19-90 Manufactured home park or subdivision New construction 27-12 27-12 New manufactured home park or subdivision Manufacturing,processing and packaging, 27-12 general 25-1-5 Newspaper 20-1 Manufacturing,processing and packaging, Nightclub 14-20 light 25-1-5 Nonconforming building or parcel 25-1-5 Marginal access street 23-3 Nonconforming use 25-1-5 Market value 19-2, 27-12 Nondedicated agricultural use assessment Marquee sign 3-3 19-2 Materials 20-50 Nonprofit organization 2-110, 2-136 May 1-4 Oath 1-4 Mayor 1-4, 2-225 Obnoxious substance 14-7 Mean sea level 27-12 Obstruction 27-12 Medical clinic 25-1-5 Occupancy 25-2-46 Meeting facility 25-1-5 Occupant 1-4 Minimum building site area 23-122 Occupation 24-221 Minimum necessary 27-12 Off-leash area 15-78 Minor 13-8 Office of Housing and Community Minor street 23-3 Development (OHCD) 11-3 Minority population 36-1 Officer 1-4, 2-82 Mitigation 25-2-46 Official act 24-3 Mobile dwelling 25-1-5 Official act or official action 2-82 I-27 SUPP. 1 (1-2017) DEFINITIONS Official authority 2-82 Person 1-4, 2-91.3, 2-167, 2-238, 3-3, 4-1, 6- Official County street name 22-1.2 25, 9-5, 14-45, 14-91, 14-129, 14-137, 22-1.2, Official traffic-control device 24-3 23-3, 30-3 Ohana dwelling 19-2, 25-1-5 Person with a disability 24-242 On-leash area 15-78 Personal services establishment 25-1-5 One-hundred-year flood 27-12 pH 21-2 One-hundred-year floodplain 27-12 Picnicker 15-3 One mile 14-113 Picnicking 15-3 One person, one vote 36-1 Piggery 25-1-5 Open areas 15-66 Placard 24-242 Open air 14-129 Plan 36-1 Open spaces 19-80 Plan approval 25-1-5 Open to the public 14-20 Plan lines for future streets 25-1-5 Operate 1-4 Planning commission 28-5, 34-3 Operator 24-3 Planning director 22-1.2 Operate a motor vehicle 24-167.1 Plant pestilence 14-129 Orchards 19-2 Plastic checkout bag 14-116 Ordinance of annexation 35-1 Plasticity 10-1 Ordinance of consideration 35-1 Plat 23-3 Ordinance terminating the district 35-1 Plumbing code 17-1 Ordinances 1-4 Pole trailer 24-3 Others 22-1.2 Police officer 24-3 Outdoor lighting fixture 14-51 Political party 2-121 Overburden 10-1 Polystyrene foam 20-62 Owner 1-4, 4-1, 12-1, 19-80, 21-38, 24-3 Portable appliances 9-5 Owner-builder 5-4 Portable electric sign 9-40 Owner of land 32-16, 35-1 Portable sign 3-3 Packing 36-1 Poultry 4-1 Painted window signs 3-3 Practicable 36-1 Paratransit service 18-94 Preceding 1-4 Parcel of land 35-1 Pre-existing lot 23-3 Park area 15-3 Premium 12-1 Park or parking 24-3 Prepared food 20-62 Parking permit 24-242 Primary frontal dune 27-12 Parks and playgrounds 8-2 Principal 30-3 Parkway 23-3 Principal structure 27-12 Partially shielded 14-51 Private driveway or private road 24-3 Passenger car 24-3 Private entity 24-242 Passenger for hire 18-31 Private premises 20-1 Pasture and slow rotation forestry 19-2 Private road 20-31 Pedestrian 24-3 Private street 14-80, 23-3 Pedestrian way 3-3, 23-3, 25-1-5 Professional 2-225 Pedicab 24-186.2 Program 2-238 Permanent 26-2-2 Prohibited materials 20-31 Permanent electrical service 9-5 Project 23-122 Permanent fireworks storage building or Project area 25-2-46 structure 26-2-2 Project costs 33-2 Permanent resident 36-1 Projecting sign 3-3 Permit 26-2-2, 35-60 Proof of age 14-137 Permit period 35-60 Property 19-2, 33-2 Permittee 10-1, 35-60 Property for hire 18-31 Perquisite 2-136 Proprietor 1-4 Protective eyewear 24-3 SUPP. 7 (1-2020) I-28 DEFINITIONS Provide land in perpetuity 8-2 Redistricting 36-1 Provisional tax increment district 33-2 Redistricting cycle 36-1 Provocation 4-1 Refuse 20-20, 20-31 Public access 34-3 Region 36-1 Public dance house or hall 6-8 Register 14-129 Public highway(s) 18-1, 20-31, 34-3 Registration 14-129 Public holiday 24-3 Regulatory floodway 27-12 Public improvements 33-2 Release 14-91 Public mountain area 34-3 Remnant 2-110 Public place 1-4, 13-8, 14-74, 20-1 Removable windshield placard 24-242 Public property 20-31 Rentable unit 25-1-5 Public recreation 19-80 Repair establishment, major 25-1-5 Public sewer 21-2 Repair establishment, minor 25-1-5 Public shoreline area 34-3 Repetitive loss structure 27-12 Public street 34-3 Rescue operation 2-167 Public thoroughfare 24-176 Reserve strip 23-3 Public use, public building and public Residence 14-113 structure 25-1-5 Resident population 8-2 Public works 33-2 Residential 19-53 Publication 35-60 Residential district 3-3, 24-3 Publication dispenser permits 22-3.1 Responsible department 12-1 Publication dispensing device 35-60 Responsible director or manager 12-1 Publication dispensing rack enclosure 35-60 Resort area 25-1-5 Publication dispensing rack insert 35-60 Resort subdivision 23-3 Publication dispensing rack space 35-60 Restaurant 14-20, 25-1-5 Publication dispensing rack space permits Retail establishment 25-1-5 22-1.2 Retail food establishment 20-62 Publisher 35-60 Retail tobacco store 14-20 Puppy 15-78 Reusable bag 14-116 Pyrotechnic composition or pyrotechnic Reversed corner lot 23-3 contents 26-2-2 Reversed frontage lot 23-3 Qualified business 31-2 Rider 18-94 Qualified households 11-3 Right-of-way 23-3, 24-3 Radioactive material or substance 14-45 Riverine 27-12 Range 9-40 Road taxi stand 18-31 Reachable 25-1-5 Road tractor 24-3 Real property 2-110, 19-2 Roadway 22-1.2, 23-3, 24-3 Reallocation 35-60 Roof area 5-84 Rear lot line 25-1-5 Roof sign 3-3 Rear yard 25-1-5 Rubbish 20-31 Reasonable assumptions 25-2-46 Safety glass 18-1 Recombinant DNA 14-91 Safety zone 24-3 Reconstructed vehicle 24-3 Sand dunes 27-12 Recoverable expenses 2-167 Sanitary engineer 23-3 Recreational activity 34-3 Sanitary sewer 21-2 Recreational area 15-3 School 25-1-5 Recreational facilities 15-66 School bus 18-56, 24-3 Recreational vehicle 27-12 School bus operator 18-56 Recyclables 20-62 Sedimentation 10-1 Recycling 20-50 Self-directed revocable living trust 21-38 Recycling center 25-1-5 Self-storage facility 25-1-5 Red flag warning 26-2-2 Semi-trailer 24-3 Redistribution 26-2-2 Senior citizen 18-1 I-29 SUPP. 7 (1-2020) DEFINITIONS Separation 5-83 State Fire Code 26-2-2 Serious injury 4-1 Statutes 1-4 Service bureau 2-121 Sterilized dog 4-1 Service business or calling 31-2 Stockpiling 10-1 Service road 23-3 Stop 24-3 Setback 5-83 Stop or stopping 24-3 Sewage 21-2 Store 26-2-2 Sewage treatment plant 21-2 Stray 4-1 Sewage works, sewer system, or sewer 21-2 Street 1-4, 3-3, 14-80, 22-1.2, 23-3, 24-3, Sewer system improvement district 12-1 25-1-5 Shall 1-4 Street frontage 25-1-5 Shared-use or multi-use park 15-78 Street plug 23-3 Shared-ride taxi 18-31 Structural observation 5-71 Sheet flow area 27-12 Structure 25-1-5, 27-12 Shell, cartridge, or bomb 14-7 Structures 15-66 Shipper 26-2-2 Student 18-1 Shoreline 34-3 Subdivided land 23-3 Short-term vacation rental 25-1-5 Subdivider 8-2, 23-3 Side yard 25-1-5 Subdivision 8-2, 21-2, 34-3 Sidewalk 1-4, 22-1.2, 23-3, 24-3, 35-60 Substantial damage 27-12 Sidewalk use permits 22-3.1 Substantial improvement 27-12 Sign 3-3 Supervising electrician 9-5 Single-family dwelling 19-2, 25-1-5 Supervising specialty electrician 9-5 Siren 24-3 Supplemental improvements 35-1 Site 5-79 Supplemental services and improvement area Smoke or smoking 14-20 35-1 Socioeconomic group 36-1 Supplemental services and improvements Soil and water conservation districts 10-1 35-1 Solar water heater 19-2 Surveyor 23-3, 25-1-5 Soliciting 14-74 Suspended solids 21-2 Solid tire 24-3 Swill 20-31 Space 35-60 Targeted area 33-2 Special duty 2-171 Tax increment 33-2 Special flood hazard area 17-52, 27-12 Tax increment bonds 33-2 Special hazard vehicle 24-3 Tax increment district 33-2 Special improvement,improvement, the Tax increment financing plan 33-2 making of a special improvement, make any Tax increment fund 33-2 special improvement 12-1 Taxi or taxicab 18-1 Special improvements 32-16 Taxicab 18-31, 24-3 Special interest areas 15-66 Taxicab company 18-31 Special license plates 24-242 Taxicab driver 18-31 Special mobile equipment 24-3 Telecommunications antenna 25-1-5 Specially constructed vehicle 24-3 Television production 26-2-2 Speed hump 22-1.2 Temporary fireworks storage building or Speed limit 24-3 structure 26-2-2 Sponsor 2-238 Temporary painted window sign 3-3 Sponsorship 2-238 Temporary removable windshield placard Sponsorship agreement 2-238 24-242 Sponsorship recognition 2-238 Temporary sign 3-3 Stand or standing 24-3 Tenant 1-4 Standard of fairness principles 36-1 Start of construction 27-12 State 1-4, 2-225, 27-12 SUPP. 7 (1-2020) I-30 FINANCES Rescue expense recovery Definitions 2-167 FINANCIAL RESPONSIBILITY Gross negligence incurs liability 2-168 Golf carts 24-182 Recovery procedures 2-169 Revenue report 2-12.6 FINES, FORFEITURES AND PENALTIES Revolving fund County streets 22-8.1 et seq. County housing program 2-74 General Penalty, for violation of code 1-10 Self-insurance fund Minors, intoxicating liquor,penalty 13-10 Administration of the fund 2-160 Toy rifles forfeited to county, when 13-15 Appropriations 2-157 Toy rifles provision,penalty 13-16 Creation 2-156 Violation of Charter 1-11 Dissolution of the fund 2-159 Expenditures from 2-158 FIRE ALARMS Funding of 2-157 Inspection tag 26-1-31 Special assessments for improvements 12-1 Out of service 26-1-8 et seq. FIRE BOARD OF APPEALS See: PUBLIC WORKS AND Appeals 26-3-4 IMPROVEMENTS Board established 26-3-2 Sponsorship, commercial County assets 2-237 et seq. Decisions 26-3-7 Staff expenses of various boards, Powers, duties, functions 26-3-3 departments, etc. FIRE CODE See specific boards, departments, other Adopted 26-1-1 agencies as indexed Agricultural fires 26-1-19 Transit operations coordinator as chief Alternative water supply 26-1-42 administrator Assemblies, places of 26-1-12, 26-1-16, County transportation commission, as to 26-1-43, 26-1-44, 26-1-47 18-4 Changes to buildings 26-1-3 See: PUBLIC TRANSPORTATION Construction 26-1-33 (Common Carriers) Cooking 26-1-19, 26-1-24, 26-1-45, 26-1-46, Travel and other expenses 26-1-48, 26-1-49, 26-1-55 Adjustments and exceptions 2-98 False alarms 26-1-30 Contracts Fire alarms 26-1-8, 26-1-31 Conflicts with employee contracts 2- Fire department access roads 26-1-35 to 102 26-1-41 Entitlement 2-92 Fire detection system or equipment 26-1-17, Funds for travel expenses 2-99 26-1-18 Other allowable expenses 2-97 Fire education 26-1-11 Overnight travel expenses 2-95 Fire hazard abatement 26-1-19 Planning department expenses 2-27 Fire hydrants Private automobiles, compensation for Fire department access roads, grade use 2-101 26-1-41 Reports 2-100 Obstructions, encroachments, etc., Travel authorization 2-94 26-1-25, 26-1-26 Travel status 2-93 Use and restriction 26-1-34 Volunteer fire personnel 2-20 Fire suppression system or equipment See: FIRE DEPARTMENT 26-1-17, 26-1-18 Treasurer Fires for dangerous material disposal Official bonds 2-2 26-1-19 Uncollectible accounts Fires for firefighting training 26-1-19 Definitions 2-108 Procedure; records 2-109 Warrants,issuance 2-11 I-41 SUPP. 7 (1-2020) FIRE CODE Fires for the prevention or control of disease General 2-15 or pests 26-1-19 Powers, duties and functions 2-15.1 Fires for residential bathing 26-19 Fires, firemen to direct traffic, at 24-13 Fires for the prevention or control of disease Mileage reimbursements or pests 26-1-19 Volunteer Fire Personnel 2-20 Fires for residential bathing 26-l9Fireworks Traffic laws re 24-6 Permit required, types, fees 26-1-12, See: TRAFFIC 26-1-13 Volunteer fire department Hawai`i State Fire Code 26-1-1 Appointment of other personnel 2-18 Heating, ventilation, air-conditioning Benefits 2-23 26-1-24 Extent of coverage 2-24 Inspections and tests Compensation and benefits 2-23 et seq. Authority 26-1-23 Coordination with regular fire Inspection tags 26-1-17 departments 2-21 Sprinkler 26-1-29 County fire-fighting equipment, use 2-22 Standpipe 26-1-27 Created 2-16 Investigations 26-1-4 Extent of coverage 2-24 Liquified petroleum gases 26-1-12, 26-1-51 to Head of 2-17 26-1-56 Travel allowance 2-20 Obstructions, access to Fire dept. connections Volunteer fire stations 2-16.1 26-1-25, 26-1-26 Volunteer personnel 2-19 Occupant load increase 26-1-32 Coordination of volunteer and regular fire Open fires,incinerators, and commercial departments 2-21 fireplaces 26-1-19 Travel allowance 2-20 Permits and fees Mileage reimbursement 2-20 Fees 26-1-13 Volunteers not members of volunteer fire Required 26-1-12 department 2-26 Site plan required 26-1-22 Wages, computation 2-25 Plans and specifications, when required 26-1-5, 26-1-14 FIRE EXTINGUISHING SYSTEMS Portable fire extinguishers 26-1-17, 26-1-19, Applicable building code amendments 26-1-55 See: BUILDINGS Premises identification 26-1-20 Recreational, decorative, or ceremonial fires FIRE HAZARDS 26-1-19 Fire chief, duties 2-14 Smoking provisions FIRE HYDRANTS, FIRE ESCAPES, ETC. See: SMOKING Standby and fire watch 26-1-6 to 26-1-10 Camping within certain distance 15-42(d) Tents and air supported structures Fire code 26-1-25, 26-1-26, 26-1-34, 26-1-41 Authority to inspect 26-1-23 Parking within certain distance 24-190 Cooking operations affiliated with Special assessments for improvements 12-1 26-1-45 et seq. Permits required 26-1-12 See: PUBLIC WORKS AND Violations and penalties 26-1-15 IMPROVEMENTS FIRE PREVENTION FIRE DEPARTMENT Fire chief, duties 2-14, 26-1-11 Duties in general 2-15 Executive branch; departments, etc., under FIREARMS,WEAPONS AND EXPLOSIVES direct supervision of managing director 2-6 Agency Fire chief Defined 14-7(a)(1) Appointment, qualifications 2-13 Investigation 14-11 Powers, duties and functions 2-14 Permit required for agency 14-10 Fire commission SUPP. 7 (1-2020) I-42 RADIOACTIVE WASTES RADIOACTIVE WASTES Assessment list Prohibited garbage collection materials Amendments to conform to decisions 20-40 19-103 See: GARBAGE AND TRASH Board of review Sewer wastes prohibited 21-9 Appeals to 19-99 Other sewer regulations. See: WATER Created, appointment, removal, AND SEWERS compensation 19-96 Powers, procedures before, duties RADIOS 19-97 Noise control provisions 14-17 et seq. Cost; etc. See: NOISE CONTROL Cost; taxation 19-101 Park and recreational area restrictions, etc. Deposit for an appeal 19-100 15-8 et seq. Grounds 19-93 See: PARKS AND RECREATION Persons under contractual obligation Use of audio devices in parks 15-19 19-92 RADIUM Second appeal 19-94 Small claims 19-95 Nuclear energy 14-44 et seq. Tax appeal court 19-98 See: NUCLEAR ENERGY Taxes paid pending appeal 19-102 RAGS, FEATHERS, TAR Taxpayers appeals 19-91 Sewer wastes prohibited 21-9 Assessment lists Other sewer regulations. See: WATER Amendment to conform to decision on AND SEWERS appeal 19-103 See herein:Appeals RAILROADS Changes, etc. 19-21 Common carrier regulations 18-1 et seq. Assessments See: PUBLIC TRANSPORTATION Appeals 19-91 et seq. (Common Carriers) See herein:Appeals Assessment lists,preparation 19-28 REAL ESTATE OFFICES Director, duties 19-3(1) Certain zoning provisions re 25-4-8 Mistakes and names on notices, etc. Assessments not invalidated 19-29 REAL PROPERTY Nontaxable property 19-67 Acquisition and disposition 2-110 et seq. Non-dedicated agricultural use 19-57 See: PROPERTY Notice County property in general. See: PROPERTY Addresses of persons entitled to 19-27 See: DEVELOPMENT AGREEMENTS Rates; levy 19-46 et seq. See herein: Rates; Levy REAL PROPERTY TAXES Reassessments 19-34 Abstract of registered conveyances 19-11 Tax rolls. See herein: Tax Bills, Payments Actions and Penalties District court judges,jurisdiction 19-8 Bills. See herein: Tax Bills, Payments and Adjustments 19-22 Penalties Alternate energy improvements exemptions Blind persons 19-82 Tax exemptions. See herein: Exemptions Amendments Board of review Assessment list to conform to decision on Appointment, removal, etc. 19-96 et seq. appeals 19-103 See herein:Appeals Appeals I-77 REAL PROPERTY TAXES Claims Director Exemptions 19-68 et seq. Copies of corporation exhibits, etc., See herein: Exemptions furnished to 19-11 Closing agreements Corporation counsel as legal Director, responsibilities 19-3(15) representative, etc. 19-10 Collections. See also herein: Duties and responsibilities 19-3 Payments Director Hearings and subpoenas 19-5 Powers and duties 19-3(2), 19-7 Neglect of duty, etc. 19-25 District court judges, as to 19-8 Oath or affirmation, administration 19-4 Responsibility of director 19-9 Responsible for collection and Tax collection, general duties 19-7 administration of delinquent taxes 19-9 Compromises Specific duties. See elsewhere herein Director, approval 19-3(12) specific subjects Contractual obligations Disabled persons Appeals by persons under 19-92 Exemptions 19-73 et seq. See herein:Appeals See herein: Exemptions Conveyances Disabled veterans Abstracts of registered conveyances, etc. Exemptions 19-78 19-11 District court judges Co-partnerships Jurisdiction 19-8 Assessments of property 19-50 Due date Corporation Falling on Saturday, Sunday or holiday Assessments of property 19-50 19-20 Corporation counsel Remittance or document due date 19-20 Legal representation 19-10 Enforcement Corporations and co-partnerships Penalties, enforcement 19-3(4) Returns of 19-15 Errors Correction of error Adjustments and refunds 19-22 Adjustment and refund 19-22 Evidence Court appeals. See herein:Appeals Tax records as 19-19 Credit Union exemption 19-89.2 Examination,inspection of property Credits Director, duties 19-3(8) Solar water heater tax credit 19-104 Exemptions Dedicated lands 19-58 et seq. Agriculture Tax maps; valuations. See herein that Crop shelters 19-79 subject Alternate energy improvements 19-82 Delinquent penalties and interest Blind persons 19-75 Remission, duties of director 19-3(14) Charitable, etc.,purposes 19-77 Delinquent taxes Claims for certain exemptions 19-68 Director, responsibility 19-9 Credit Unions 19-89.2 Tax bills,payments and penalties 19-30 Crop shelters 19-79 et seq. Deaf persons 19-75 See herein: Tax Bills, Payments and Dedicated lands Penalties Commercial agricultural use dedication Department of finance 19-2, 19-60 Neglect of duty by officer, etc. 19-25 Native forest dedication 19-59 Determination of rates Urban districts,in 19-80 Generally, definitions, purposes, etc. 19- Definitions 19-72 90 Disabled or handicapped persons 19-75 Enterprise Zone 19-89.3 Hansen's disease, victims of 19-74 SUPP. 7 (1-2020) 1.78 REAL PROPERTY TAXES Hawai`i Island housing trust 19-89.4 Hawaiian home lands Hawaiian home lands 19-89 Exemptions. See herein: Exemptions Hearing impaired persons 19-75 Hearing impaired persons Historic residential real property Tax exemptions. See herein: Exemptions dedicated for preservation 19-89.1 Hearings and subpoenas 19-5 Home,lease,leases, etc., defined 19-72 Historic residential real property, etc., Homes 19-71 exemptions 19-89.1 Totally disabled persons 19-75 Homes, exemptions 19-71 Hospitals See herein: Exemptions Nonprofit medical, etc., associations Jurisdiction 19-76 District court judges 19-8 Housing Leased property exemptions. See herein: Low and moderate-income housing Exemptions 19-87 Legal representative 19-10 Leprosy victims 19-74 Legislation, recommendations Lessees of exempt real property 19-85 Director, duties 19-3(9) Low and moderate-income housing 19-87 Levy, See also herein: Rates; Levy Manufacturing Determination of rates 19-90 Pulp and paper manufacturer 19-78 Liability National Housing Act Fiduciaries,liability of 19-51 U.S. property lease under 19-86 Liens, foreclosure Nonprofit medical, hospital indemnity Co-owners'rights 19-37 associations 19-76 Costs 19-43 Nonprofit organizations Foreclosing, limitations 19-37 Charitable purposes 19-77 Notice of sale 19-40 Partial exemptions, assignment of 19-70 Postponement of sale 19-41 Persons with impaired sight or hearing, Registered land 19-39 etc. 19-75 Surplus money, disposition 19-45 Public property, etc. 19-84 Tax deeds Pulp and paper manufacturer 19-78 Evidence, as 19-44 United States property Redemption 19-42 Leased under National Housing Act Tax liens 19-37 19-86 Mail, notice Urban districts Timely mailing treated as timely filing Dedicated lands in 19-80 and paying 19-6 Veterans Maps Home of 100 percent disabled or 100 Providing 19-3(6) percent unemployable veterans 19-73 Records open to public 19-18 Federal or other tax officials Tax maps; valuations et seq. See herein: Inspection of returns, reciprocal Tax Maps; Valuations provisions 19-17 Tax records as evidence 19-19 Fiduciaries Mayor Liability for taxes, etc. 19-51 Director to report to 19-3(10) Foreclosures. See herein: Liens, Foreclosure Mentally handicapped persons Forest dedication 19-59 Tax exemptions. See herein: Exemptions Forms, prescribing 19-3(5) Misdemeanor Handicapped persons Abetting, etc. 19-24 Tax exemptions. See herein: Exemptions District court judges,jurisdiction 19-8 Hansen's disease Exemptions for persons with 19-74 1.79 SUPP. 7 (1-2020) REAL PROPERTY TAXES Neglect of duty, etc. 19-25 Unknown owners 19-52 Penalty 19-26 Reassessments 19-34 Multi-state tax commission See also herein:Assessments Inspection of returns, reciprocal Records provisions 19-17 Adjustment 19-22 Native forest dedication 19-59 Evidence, tax records as 19-19 Nontaxable property; assessment Open to public 19-18 Nontaxable property, generally 19-67 Refunds 19-22 Notices Registered conveyances. See herein: How given 19-16 Conveyances Mistakes and names on notices do not Remissions invalidate assessments 19-29 Acquisition by government Notice of assessment. See herein: Remission of taxes on 19-35 Assessments Cases of certain disasters Oath, affirmation, etc. Remission of taxes in 19-36 Director may administer 19-4 Remittance Officer or employee Due date 19-20 Neglect of duty, etc. 19-25 Returns Partial exemptions. See herein: Corporations and co-partnerships 19-15 Exemptions Federal or other tax officials permitted to Payments. See also herein: Collections inspect 19-17 Partial payment of taxes 19-23 Fiduciaries,by 19-14 Tax bills,payments and penalties 19-30 Generally 19-12 et seq. Inspections, reciprocal provisions 19-17 See herein: Tax Bills, Payments and Signing 19-13 Penalties Revenue laws, construction of 19-3(3) Penalties Rules and regulations Enforcement 19-3(4) Director to promulgate 19-3(11) Tax bills,payments and penalties 19-30 Retroactivity of rulings 19-3(13) et seq. Saturday, Sunday or holiday See herein: Tax Bills, Payments and Due date on 19-20 Penalties Small claims Physically handicapped persons Protesting taxpayers appeals 19-95 Tax exemptions. See herein: Exemptions See herein:Appeals Prosecuting attorney Solar water heater Legal representation 19-10 Tax credit 19-104 Purpose of provisions 19-1 Subpoenas. See herein: Hearings and Rates; levy Subpoenas Assessment of property Surplus money, disposition To whom in general 19-48 Tax lien foreclosures, from 19-45 Corporations or co-partnerships 19-50 Tax appeal court 19-98 Determination of rates 19-90 See herein:Appeals Fiduciaries, liability 19-51 Tax bills,payments and penalties Imposition of real property taxes on Assessment of unreturned or omitted reclassification 19-49 property Review,penalty 19-33 Tax base and rate 19-46 Billing and delinquent date 19-31 Tax year 19-47 Installment payments 19-31 Time as of which levy and assessment Penalty for delinquency 19-32 made 19-47 Reassessments 19-34 I-80 REAL PROPERTY TAXES Taxes due, when 19-31 RED LANTERNS Tax rolls, tax bills 19-30 Placement of warning devices near vehicles Tax collection. See herein: Collection with explosives, etc. 24-127 Tax liens. See herein: Liens, Foreclosure Tax maps; valuations REDISTRICTING Certain lands dedicated for residential Alternate Plan Consideration 36-8 use 19-58 Commissioner training 36-2 Certain lands dedicated to nonspeculative Criteria Additional 36-4 residential use. Only renewal petitions Deviation Council District, Maximum 36-6 will be accepted. 19-58.1 Established 36-3 Dedicated lands 19-58 et seq. Final plan challenges to 36-11 Nonspeculative residential use Public,proposed by 36-7 assessment 19-58.2 Total 36-5 Rates; levy Written report 36-10 Valuation Consideration in fixing 19-53 REFRIGERATORS Dedicated lands 19-58 et seq. Removal of lock required 20-39 Golf course assessments 19-56 Public utilities 19-53.1 REFUNDING BONDS Residential use Special assessments for improvements 12-1 Certain lands dedicated for 19-58 et seq. Water tanks 19-81 See: PUBLIC WORKS AND Tax records. See herein: Records IMPROVEMENTS Tax year 19-47 REFUSE Taxes paid pending appeals 19-102 See herein:Appeals See: GARBAGE AND TRASH Timely mailing treated as timely filing Park and recreational area restrictions, etc. andpaying15-8 et seq. 19-6 See: PARKS AND RECREATION Unknown owners Assessment of property of 19-52 REGISTRATION Unreturned or omitted property Dog licenses 4-20 Assessment of 19-33 See:ANIMALS AND FOWL Valuations Lobbyist registration 2-91.3 Tax maps; valuations 19-53 et seq. See: CODE OF ETHICS See herein: Tax Maps;Valuations Vehicle registration fees 24-19 Veterans exemptions 19-73 Other fees. See: TRAFFIC See herein: Exemptions Voter registration in general 2-121 et seq. Violations See: ELECTIONS Enforcement of penalties 19-3(4) RELOCATION RECORDS Geothermal relocation program 2-177 et seq. See: PUBLIC RECORDS See: GEOTHERMAL RELOCATION RECREATION PROGRAM See: PARKS AND RECREATION RECREATIONAL VEHICLES Park and recreational area restrictions, etc. 15-8 et seq. See: PARKS AND RECREATION I-81 SUPP. 7 (1-2020) REMNANTS REMNANTS REVENUE OF COUNTY Real property disposition 2-118 See: FINANCES RENTAL CARS REVENUE LAWS Travel and other allowable expenses for Real property taxes, as to 19-3(3) personnel 2-97 See: REAL PROPERTY TAXES See: FINANCES REVISED STATUTES REPEAL OF ORDINANCES See: STATUTES Effect of repeal of resolution or ordinance on rights accrued 1-7 REVIVAL Effect of repeal of resolution, ordinances, etc. RESCUE EXPENSES 1-6 Recovery, generally 2-167 et seq. See: FINANCES RICKSHAW-TYPE VEHICLES Pedicabs 24-186.2 et seq. RESEARCH AND DEVELOPMENT See: TRAFFIC Department 2-36 et seq. See: DEPARTMENT OF RESEARCH RIFLES AND DEVELOPMENT Toy rifles used by minors 13-11 to 13-16 See: MINORS RESIDENCES Weapons regulations 14-7 et seq. Park and recreational area restrictions, etc. See: FIREARMS, WEAPONS AND 15-8 et seq. EXPLOSIVES See: PARKS AND RECREATION RIGHTS-OF-WAY RESIDENTIAL USE Impeding, obstructing or endangering the Certain lands dedicated for public, etc. 22-2.4 Valuation for taxation 19-58 Real property acquisition and disposition See: REAL PROPERTY TAXES 2-110 et seq. See: PROPERTY RESOLUTIONS Subdivision regulations 23-1 et seq. Effect of repeal of resolutions or ordinance as See: SUBDIVISIONS to revival, etc. 1-6 Repeal, effect on rights accrued 1-7 RIOT GUNS Weapons regulations 14-7 et seq. RESTAURANTS See: FIREARMS, WEAPONS AND Animal prohibitions, places prohibited 4-18 EXPLOSIVES Animals in general. See:ANIMALS AND FOWL ROADS, ROADWAYS, ETC. Minors curfew, etc. 13-1, 13-5 Outdoor lighting 14-50 et seq. See: OUTDOOR LIGHTING RETAIL STORES Animal prohibitions, places prohibited 4-18 ROCKS, LAVA ROCK, ETC. Removal of beach composition from certain REVENUE BONDS parks 15-6 Special assessments for improvements 12-1 et seq. See: PUBLIC WORKS AND IMPROVEMENTS I-82 - m 0 N 0 N 0 N 1-1 ��/ / c 3 0 w CD m R e 7-1 G G G 3 www w m 0/ CV� 71, '71, N m m 3 w Q 7 7 CO 7 w w w w O•\ 1 % R / CO Cn \ m \ / 2 0 • % o q t f = ƒ PT4• 4-1 f ® ▪ % / / in I IN-/ R % % / ƒ Ct 0 § G G G A A ms• e e e C.) 0 ? •. / q �L) Aci / 2 m « 3 \ ° ƒ S ,,- / / j cn } •� •j t 2 _ _ F = § •» « - ( Q % \ \ /ƒ ƒ 1 / •) § § z _ •§ Q 0 9 $ § Q .§ 2 m _ m •U § \ ƒ f a Q ri o $ \ � \ § :i / % 3 G k \ _� / / \ / 2 %% ¢ 2 ¢ c e m CO # 2 3 N m c 5II1111 11 � k -t .8 S / T-1 SUPP 7 (1-2020) - m c Cl 0 ci 0 cq cn / co LC 0 # m ± m o m G G G G G G w w w w w w COa ������aa a a q w o w@# 3 w m@ CO m 9 A. A. g 9 y l 9 ± t ± 9 ± m @@@ 3 3 3 3 3@ m m m w w w w w w w w w w w w w - � N / / CO R /29 9 7 7 y 7 w w w w w w w e e e 0 / o \ 1-1 / / / / 0 Rw w w w w w w c w 3 3 3 3 3 3 3 3 3 e e ri e e e in / / / R w a w @ s w G G G . . 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N a N w P= W PLI QIn In CD N i1z CV CV CV CV x SUPP. 7 (1-2020) T-4 ORD. EFFECTIVE DESCRIPTION CODE NO. DATE SECTION 19-54 05-07-19 General Obligation Bond (Amends Ord -- 16-29 bond amount to $10,000,000 - Kealakehe Scrap Metal Yard Remediation) 19-55 05-07-19 Capital improvements budget -- 19-56 05-07-19 Operating budget -- 19-57 05-21-19 North Kona Zone Map ZA 19-58 05-21-19 City of Hilo Zone Map ZA 19-59 05-21-19 Operating budget -- 19-60 05-21-19 Operating budget -- 19-61 05-21-19 Operating budget -- 19-62 05-21-19 Operating budget -- 19-63 05-21-19 Operating budget -- 19-64 05-21-19 Operating budget -- 19-65 05-22-19 Operating budget -- 19-66 05-22-19 Capital improvements budget -- 19-67 06-04-19 Lalamilo-Pu`ukapu Zone Map ZA 19-68 07-01-19 Salary Ordinance of 2019 -- 19-69 06-04-19 Operating budget -- 19-70 06-04-19 Operating budget -- 19-71 06-04-19 Operating budget -- 19-72 06-04-19 Operating budget -- 19-73 07-01-19 Operating budget FY 2019-2020 -- 19-74 07-01-19 Capital improvements budget FY -- 2019-2020 19-75 07-01-19 Procedure for awarding grants to 2-139 nonprofit organizations 19-76 06-17-19 Operating budget -- 19-77 06-17-19 Capital improvements budget -- 19-78 06-17-19 Operating budget -- 19-79 06-26-19 Operating budget -- 19-80 06-26-19 Operating budget -- 19-81 06-26-19 Operating budget -- 19-82 06-28-19 Operating budget -- 19-83 07-03-19 Amends Ord. No. 17-19. -- State Water Pollution Control Revolving Fund Loan & General Obligation Bond ($16,122,000 — Wastewater public improvement projects) 19-84 06-30-19 Operating budget -- T-23 SUPP. 6 (7-2019) ORD. EFFECTIVE DESCRIPTION CODE NO. DATE SECTION 19-85 07-19-19 Polystyrene foam food container and 20-60, 20-62, food service ware reduction 20-66 19-86 07-19-19 General Obligation Bond ($10,000,000 -- -Na`alehu Wastewater Treatment and Disposal System and Drainage Modifications, Na`alehu Wastewater Collection System, Na`alehu Sewage Pump Station and Force Main) 19-87 07-19-19 General Obligation Bond ($37,000,000 -- -Pahala Wastewater Collection System and Pahala Large Capacity Cesspool Conversion) 19-88 08-08-19 North Hilo District Zone Map ZA 19-89 08-08-19 Capital improvements budget -- 19-90 08-21-19 City of Hilo Zone Map ZA 19-91 09-18-19 Kona Community Development Plan -- 19-92 09-18-19 City of Hilo Zone Map ZA 19-93 09-18-19 Operating budget -- 19-94 09-18-19 Operating budget -- 19-95 10-16-19 Amend definition of"Public Property" 20-31 19-96 10-16-19 Capital improvements budget -- 19-97 10-16-19 Operating budget -- 19-98 10-16-19 Operating budget -- 19-99 10-16-19 Amends Ord. No. 19-22 (2018 Lava -- Disaster Relief Account) 19-100 10-30-19 General administration and zoning 25-2-61, 25-5-3, district regulations for indoor and 25-5-22, 25-5-32, major outdoor amusement and 25-5-102, 25-5- recreation facilities 142, 25-5-152 19-101 10-30-19 Capital improvements budget -- 19-102 10-30-19 Operating budget -- 19-103 10-30-19 Operating budget -- 19-104 10-30-19 Operating budget -- 19-105 11-21-19 Annual revenue report 2-12.6 19-106 11-21-19 Operating budget -- 19-107 12-04-19 Capital improvements budget -- 19-108 12-04-19 Capital improvements budget -- 19-109 12-04-19 Capital improvements budget -- 19-110 12-04-19 Operating budget -- 19-111 12-04-19 Operating budget -- 19-112 12-17-19 Environmental management 2-207 commission SUPP. 7 (1-2020) T-24 ORD. EFFECTIVE DESCRIPTION CODE NO. DATE SECTION 19-113 12-17-19 City of Hilo Zone Map ZA 19-114 12-17-19 Operating budget -- 19-115 12-17-19 Operating budget -- 19-116 12-17-19 Operating budget -- T-25 SUPP. 7 (1-2020)