HomeMy WebLinkAboutOrdinance 05-155COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
Draft 2
ORDINANCE NO. 05 155
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION), RELATED TO PLAN APPROVAL AND
LANDSCAPING.
BE IT ORDAINED BY THE COUNCIL OF "THE COUNTY OF HAWAII:
SECTION 1. Purpose and Findings. The Council finds that the Zoning Code does not
require Plan Approval and Landscaping for the construction of one single - family dwelling and
accessory buildings on a lot in the Single- Family Residential (RS) zoning district. However, the
Zoning Code requires Plan Approval and Landscaping for all new buildings and additions to
existing buildings (including one single- family dwelling and accessory buildings) in the
following zoning districts: Double - Family Residential (RD), Multiple - Family Residential (RM),
Residential - Commercial Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN),
General Commercial (CG), Village Commercial (CV), and Downtown Hilo Commercial District
(CDH).
The purpose of this amendment is to delete the requirements of Plan Approval and
Landscaping for the construction of one single- family dwelling and accessory buildings on a lot
in those zoning districts. Recently, there have been many single- family dwellings constructed
and/or proposed to be constructed in the Multiple- Family Residential (RM) and Resort-Hotel (V)
zoning districts. Pertinent requirements for a single - family dwelling and accessory structures at
the Building Permit level is similar to that requested for Plan Approval, including landscaping;
and as such, the construction plans can be reviewed at the Building Permit level. If further
information is required, the applicant could reflect those on the required plot plan and
construction plans.
Plan Approval is the mechanism by which the Landscaping requirements are
administered and enforced. However, we do not think it is necessary to regulate landscaping
around one single- family dwelling and accessory buildings on a lot.
Therefore, the requirements of Plan Approval and Landscaping is a duplication of effort
and it is unnecessary to have this further level of review for the construction of one single - family
dwelling and accessory buildings on a lot.
SECTION 2. Chapter 25, article 2, division 7, subsection 25- 2- 71(a), Hawaii County
Code 1983 (2005 Edition) is amended to read as follows:
"(a) Plan approval shall be required prior to the construction or installation of any new
structure or development or any addition to an existing structure or development in all districts
except in the RS, RA, FA, A and IA districts[.], and except for the construction of one single-
family dwelling and any accessory buildings per lot."
SECTION 3. Chapter 25, article 5, division 2, subsection 25- 5- 27(c), Hawaii County
Code 1983 (2005 Edition) is amended to read as follows:
"(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."
SECTION 4. Chapter 25, article 5, division 3, section 25 -5 -37, Hawaii County Code
1983 (2005 Edition) is amended to read as follows:
"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 containine only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site."
SECTION 5. Chapter 25, article 5, division 3, subsection 25- 5- 38(c), Hawaii County
Code 1983 (2005 Edition) is amended to read as follows:
"(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district [.], except for construction of one single- family dwelling and any
accessory buildings per lot."
SECTION 6. Chapter 25, article 5, division 4, section 25 -5 -47, Hawaii County Code
1983 (2005 Edition) is amended to read as follows:
"Section 25 -5 -47. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land area of
any building site in the RCX district[. 1, 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."
SECTION 7. Chapter 25, article 5, division 4, subsection 25- 5- 49(c), I lawai'i County
Code 1983 (2005 Edition) is amended to read as follows:
"(c) Plan approval shall be required for all new buildings and additions to existing
3
buildings in the RCX district [.], except for construction of one single - family dwellin and nd any
accessory buildings per lot."
SECTION 8. Chapter 25, article 5, division 9, section 25 -5 -97, Hawai'i County Code
1983 (2005 Edition) is amended to read as follows:
"Section 25 -5 -97. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land area of
any building site in the V 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."
SECTION 9. Chapter 25, article 5, division 9, subsection 25- 5- 98(c), Hawaii County
Code 198' ) (2005 Edition) is amended to read as follows:
"(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."
SECTION 10. Chapter 25, article 5, division 10, section 25 -5 -107, Hawaii County Code
1983 (2005 Edition) is amended to read as follows:
"Section 25 -5 -107. Landscaping of yards.
(a) All front yards in the CN district shall be landscaped, except for necessary access
drives and walkways[.] and except for the construction of one single - family dwelling and
accessory buildings per lot.
(b) Where any required side or rear yard in the CN 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, within five feet of the property line, except for necessary
4
drives and walkways[.] and except for the construction of one single- family dwelling and
accessory buildings per lot."
SECTION 11. Chapter 25, article 5, division 10, subsection 25- 5- 108(b), Hawaii
County Code 1983 (2005 Edition) is amended to read as follows:
"(b) Plan approval shall be required for all new structures and additions to existing
structures in the CN district [.1, except for construction of one single - family dwelling and any
accessory buildings per lot."
SECTION 12. Chapter 25, article 5, division 11, section 25 -5 -117, Hawaii County Code
1983 (2005 Edition) is amended to read as follows:
"Section 25 -5 -117. Landscaping of yards.
(a) All front yards in the CG district shall be landscaped, except for necessary access
drives and walkwaysl.J and except for the construction of one single - family dwelling and
accessory buildings per lot.
(b) Where any required side or rear yard in the CG 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, within five feet of the property line, except for necessary
drives and walkways[.] and except for the construction of one single - family dwelling and
accessory buildings er lot."
SECTION 13. Chapter 25, article 5, division 11, subsection 25- 5- 118(a), Hawaii
County Code 1983 (2005 Edition) is amended to read as follows:
"(a) Plan approval shall be required for all new structures and additions to existing
structures in the CG district [.] except for construction of one single- family dwelling and any
accessory buildings per lot."
5
SECTION 14. Chapter 25, article 5, division 12, section 25 -5 -127, Hawaii County Code
1983 (2005 Edition) is amended to read as follows:
"Section 25 -5 -127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways[.], and except for the construction of one single- family dwelling and
accessory buildings per lot.
(b) Where any required side or rear yard in the CV 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, within five feet of the property line, except for necessary
drives and walkways[.], and except for the construction of one single - family dwelling and
accessory buildings per lot."
SECTION 15. Chapter 25, article 5, division 12, subsection 25- 5- 128(a), Hawaii
County Code 1983 (2005 Edition) is amended to read as follows:
"(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district [.], except for construction of one single- family dwelling and any
accessory buildings per lot."
SECTION 16. Chapter 25, article 7, division 27, section 25 -7 -27, Hawaii
County Code 1983 (2005 Edition) is amended to read as follows:
"Section 25 -7 -27. Other regulations.
Plan approval is required for all new structures and additions to existing structures in the
CDH district [.], except for construction of one single - family dwelling and any accessory
buildings per lot."
SECTION 17. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 18. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect other parts of this ordinance.
SECTION 19. This ordinance shall take effect upon its approval.
Hilo , Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL, M ER, COUNTY O HAWAII
COUNCIL
November 9, 2005
November 9, 2005
November 22, 2005
December 2, 2005
REFERENCE: Comm. 466.1
7
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
K.Angel Pilago /Pete Hoffmann
November 9, 2005
November 9, 2005
N/A
Second Reading: November 22, 2005
fo Mayor: November 23, 2005
Returned: December 2. 2005
Effective: December 2, 2005
Published: December 9, 2005
REMARKS:
RbLE CALL V6TE'
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
----i
Jacobson
X
Pilago
X
Safarik
X
-
8
0
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
i
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. n _
APPROVED AS TO
FORM AND LEGALITY
COUNCIL CHAIRMAN V
DEPUT CORPORATION COUNSEL�r�
COUNTY OF HAWAII
Nov 3 0 2005 COUNTY CLERK
Bill No.: 159 (Draft 2)
d C- 466.1/PC -39
e Disapproved thfs °�' day Reference:
Ord No.: 05 155 _
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