HomeMy WebLinkAboutPD Background Report (PL-CCI-2026-000018)1
BBill170 – 7.1.2026
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
COUNTY COUNCIL INITIATED BILL NO. 170 (PL-CCI-2026-000018)
AMENDMENT TO CHAPTER 25 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ZONING
The County Council has referred Bill 170, an ordinance amending Chapter 25 (Zoning),
Article 1, of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to zoning
for data processing facilities and data centers. Bill 170 would amend the definition of “data
processing facility” and add a new definition of “data center.”
PURPOSE OF BILL NO. 170
1. Bill 170 (Planning Department Exhibit 1) seeks to amend Section 25-1-5 of
Hawaiʻi County Code by revising the definition of “data processing facility” and
establishing a separate definition of “data center.”
2. Bill 170 distinguishes data centers from data processing facilities by amending the
existing definition of “data processing facility” to expressly exclude data centers
and by adding a new definition of “data center.” The stated purpose is to prevent a
data center from being interpreted as a permitted data processing facility in the
Industrial-Commercial Mixed Use (MCX) district and to clarify that data centers are
not presently permitted under the Zoning Code.
PROPOSED AMENDMENT TO HCC CHAPTER 25:
PROPOSED DEFINITIONS
3. Bill 170 proposes to amend the existing definition of "data processing " and
establish a new definition for "data center" within Chapter 25 of the Hawaiʻi County
Code. Specifically, the bill would:
Amend the definition of "data processing facility" to expressly exclude data
centers while retaining the existing definition for facilities engaged in the
compiling, storage, and maintenance of information in digital form utilizing
a mainframe computer; and
Add a definition for "data center" as a facility used for the industrial-scale
operation of computer systems and associated equipment for the
2
processing, computing, transmission, or dissemination of digital data,
together with the supporting infrastructure necessary for those operations.
WHERE DATA PROCESSING FACILITIES ARE PERMITTED
4. Under the current Zoning Code, “data processing facilities” are only permitted in
the Industrial-Commercial Mixed Use (MCX) zoning district pursuant to
Section 25-5-132(a). The use was included when the MCX district was established
by Ordinance No. 96-160 to reflect emerging technology and industrial-commercial
uses that were compatible with the purpose of the district. Bill 170 would retain
“data processing facilities” as a permitted land use in the MCX zoning district but
would revise the definition to distinguish them from data centers.
WHERE DATA CENTERS ARE PERMITTED
5. Bill 170 establishes “data center” as a distinct land use but does not add that land
use as a permitted land use in any zoning district. Section 25-4-4 provides that a
use not expressly permitted in a zoning district is prohibited. Accordingly, if Bill 170
is adopted without further amendment, a data center would not be permitted under
Chapter 25 unless the Council later amends the Code to identify an allowable
district and approval process.
AGENCIES – NO COMMENT OR CONCERN
6. County Department of Public Works – Building Division; County Department of
Water Supply; State Department of Health; State Office of Planning and
Sustainable Development
AGENCIES – NO RESPONSE
7. Department of Public Works—Engineering Division; Department of Environmental
Management; Hawaiʻi County Civil Defense Agency; Hawaiʻi Police Department;
Hawaiʻi Fire Department; Hawaiian Electric; and County Office of Sustainability,
Climate, Equity and Resilience.
PUBLIC COMMENTS
8. As of this writing, the Planning Department has received no public comments
regarding Bill 170.
Ashley L. Kierkiewicz (808) 961-8265
County Council District IV ashley.kierkiewicz@hawaiicounty.gov
Policy Committee on Planning Policy Committee on Infrastructure
Land Use and Development -Chair and Assets -Vice Chair
HAWAl'I COUNTY COUNCIL COH PLANNING DEPT
Hawai'i County Building JUL 7 2026 PM3:39
25 Aupuni Street • Hilo, Hawai'i 96720
REC'D HAND DELIVERED
TO:. Jeff Darrow, Director
Planning Department
FROM: � �ey L. Kierkiewicz, Council Member
DATE: July 7, 2026
SUBJECT: Referral ofBill 170; an Ordinance amending Chapter 25, Article 1 of the Hawai'i County Code 1983 (2016 Edition, As Amended), relating to zoning.
Pursuant to Section 25-2-43(b) of the Hawai'i County Code, I am submitting Bill 170, enclosed for your comment and recommendation. I also request that you forward the same to the Windward and Leeward Planning Commissions for their comment and recommendation.
Bill 170 was referred for comment and recommendation to the Planning Director and the Windward and Leeward Planning Commissions by the Hawai'i County Council's Committee on Planning on July 7, 2026.
After your and the Commissions review, please forward your comments and recommendations to Council Chairperson Dr. Holeka Goro Inaba.
Thank you for your attention to this matter.
Enc.
AK/kj
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