ORDINANCE NO. 3662

BILL NO. 49 (2009)

A BILL FOR AN ORDINANCE AMENDING CHAPTER 19.04, MAUICOUNTY CODE, PERTAINING TO GENERAL PROVISIONS AND

DEFINITIONS, REPEALING CHAPTER 19.36, MAUI COUNTY CODE,AND ESTABLISHING A NEW CHAPTER 19.36A, MAUI COUNTYCODE, PERTAINING TO OFF-STREET PARKING AND LOADING

BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:

SECTION 1. Section 19.04.040, Maui County Code, is amended

by adding new definitions to be appropriately inserted and to

read as follows:

""Residential mixed use ro ect" means a buildinor buildings on individual or contiguous lots whichcombine general merchandising, general office, personal and business services, and/or othercommercial purpose with residential uses locatedwithin a project district, B - 2 community businessdistrict, B-3 central business district, B--CT countrytown business district, and M-1 li•ht industrial district.

"Shopping center" means an establishment for acommercial purpose with five or more uses or business entities on a single parcel of land consisting of aminimum of three acres of land area or a minimum oftweet five thousand square feet of floor area, but shall not include residential mixed use deve o•mentsor •ro ects."

SECTION 2. Section 19.04.040, Maui County Code, is amended

by amending the definition of "commercial purpose" to read as

follows:

"Commercial purpose" means the growing,processing, [or] manufacturing, or sale of products orgoods or the provision of services for considerationand profit."

SECTION 3. Section 19.04.040, Maui County Code, is amended

by amending the definition of "self-storage" to read as follows:

""Self-storage" means activities and facilitiesthat provide storage areas or lockers to the general public."

SECTION 4. Section 19.04.040, Maui County Code, is amended

by amending the definition of "Wholesale and distribution

storage" to read as follows:

"Storage, wholesale and distribution. "Wholesaleand distribution storage" means activities andfacilities for the storage of goods and the bulk saleand distribution of products. Examples includewarehouses, freight-forwarding and deliveryoperations, [self-storage lockers,] markets in whichproducts are sold directly by their producers, andconstruction supply businesses."

SECTION 5. Chapter 19.36, Maui County Code, is repealed in

its entirety.

SECTION 6. Title 19, Maui County Code, is amended by

adding a new chapter to be appropriately designated and to read

as follows:

"Chapter 19.36A

OFF-STREET PARKING AND LOADING

Sections:

19.36A.010 Designated number of spaces.

19.36A.020 General requirements.

19.36A.030 Location.

19.36A.040 Size or dimensions.

19.36A.050 Determination of spaces.

19.36A.060 Access and specifications.

19.36A.070 Walls, fences, and landscaping.

19.36A.080 Paving.

19.36A.090 Lighting.

19.36A.100 Use limitations.

19.36A.110 Grass parking.

19.36A.120 Special management area--additional requirements.

19.36A.130 Residential mixed use developmentparking requirements.

19.36A.140 Joint-use parking for residentialmixed use developments.

19.36A.150 Off-site parking for residentialmixed use developments.

19.36A.160 Parking reduction or waiver.

19.36A.170 Excess parking.

19.36A.180 Temporary or special eventparking.

19.36A.190 Loading space.

19.36A.010 Designated number of spaces. Unlessotherwise provided in this chapter, the followingminimum numbers of accessible off-street facilitiesfor the parking of self-propelled motor vehicles shallbe provided on private property in connection with theuse of any land, or the erection or remodeling of anybuilding or structure. The number of off-streetparking spaces required shall not be less than the sumtotal of spaces of the number of required parkingspaces for each component use of land, building, orstructure hereinafter specified:

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USE MINIMUM PARKING RATIO

Accessory dwelling One parking space for each dwellingunit.

Apartment house, apartment,apartment-motel with kitchenfacility in room

Two parking spaces for each unit;provided, that two parking spacesassigned to a dwelling unit, orallocated for employee parking, maybe situated in tandem therebyallowing two vehicles to park endto end.

Auditorium, theater, stadium,bleachers

One parking space for every sixseats.

Banks and medical and dentalclinics

One parking space for every threehundred square feet of building;provided, that the minimum shall bethree parking spaces.

Bed and breakfast home One parking space for each bedroomused for short-term rental, inaddition to any other parkingspace(s) required by this section.Stalls may be situated in tandem.

Bowling alley Five parking spaces for each alley.Business building One parking space for every five

hundred square teet ot floor areaof building; provided, that theminimum shall be three parkingspaces.

Church, place of worship One parking space for every onehundred square teet ot floor areaof building.

Clubhouse, private club One parking space for every twohundred square teet of floor areaof building.

Convertible apartment, hoteland apartment/hotel units,i.e., single units capable ofbeing utilized as two or moreunits

An additional one parking space forevery three convertible units shallbe provided.

Day care facility One parking space for eachclassroom.

Domestic type business inhome

One parking space for eachbusiness.

Golf course Three parking spaces for each hole

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USE MINIMUM PARKING RATIO

in the course.Golf driving range Four parking spaces for each acre.Hospitals One parking space for every three

beds.Hotel One parking space for every two

guest rooms.Industrial or storage uses inM-1 and M-2 industrial zones

One parking space for every sixhundred square teet of floor areaof building or twenty-five percentof the lot area, whichever is thegreater-

Library, museum, art gallery One parking space for every threehundred square teet of tloor areaof building.

Live/work mixed use One parking space for every sevenhundred fifty square teet of areaused for live/work business;commercial uses and residential,uses with a live/work configurationmay share parking spaces. Thespaces required for the residentialunit on a live/work building lotmay be applied toward the number ofspaces required for a business use.

Lodging house One parking space for every twolodging rooms.

Mortuary One parking space for every fortysquare teet of tloor area ofbuilding.

Motel One and one-halt parking spaces tareach unit.

Public utility substation One parking space.Restaurant, bar, nightclub,amusement centers

One parking space for every onehundred square teet of serving anddining areas; provided, that thereshall be a minimum ot three parkingspaces for patrons and a minimum ofthree additional spaces foremployee parking for each suchestablishment.

Roadside stand Two parking spaces for each stand.

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MINIMUM PARKING RATIO

Sanitarium, welfareinstitution, nursing home

One parking space for every eightbeds.

School with students undertitteen years of age and withstudents titteen years of ageor older

Eight parking spaces for eachclassroom.

School with students underfifteen years of age

One parking space for eachclassroom.

School with students fifteenyears of age or older

Eight parking spaces for eachclassroom.

Self-storage One parking space for every threethousand square feet of storage.

Service station, repair shop,garage

One parking space for every twohundred square teet ot floor areaot building or torty percent ot thelot area, whichever is the greater.The storing and keeping ot damagedvehicles or parts thereot shall bewithin an enclosure boundedcompletely by a wall six teet inheight.

Shopping centers One parking space for every twohundred square teet ot floor areaof all buildings, except forrestaurant, bar, nightclub, andamusement facilities, for whichparking requirements under thissection shall apply.

Single-family dwelling, farmdwelling, duplex

Two parking spaces for eachdwelling unit.

Swimming pool, gymnasium One parking space for every sixhundred square feet of gross floorarea of pool or building.

Taxi stand and bus stand One parking space for each vehicleoperating tram that stand. Thespace shall be sufficient in sizeto accommodate the bus or vehicle,and shall be marked "Taxi Only or"Bus Only".

Tennis courts Six parking spaces for each cour t.

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USE MINIMUM PARKING RATIO

U--drive stand and storage One parking space for each vehicleoperating from that stand orstorage. Where the u - drivebusiness is within a hoteldistrict, the storage area for theu-drive vehicles shall bephysically separated from the hotelparking area, and shall bephysically bounded and marked for"U-Drive Vehicles Only".

19.36A.020 General requirements. Every off-street parking space or area shall be provided andmaintained, and shall be increased to conform withgreater needs, and may be eliminated or reduced onlyto the extent that the lesser amount conforms with therequirements of this chapter.

19.36A.030 Location. Every off-street parkingspace or area, or equivalent multi-deck, basement,roof, or other parking facilities shall be located onthe same lot it serves or within a distance of fourhundred feet of the nearest point of the lot and as

approved by the commission.

19.36A.040 Size or dimensions. The size of eachoff-street parking space shall be not less than thefollowing:

Size Width LengthStandard 8'-6" 18'Standard (Parallel) 8'-6" 22'Compact 7'-6" 16'Compact (Parallel) 7'-6" 20'

19.36A.050 Determination of spaces. A. Indetermining the number of parking spaces based onfloor area of a building, the gross floor shall beused, including areas occupied by accessory uses andspaces, such as covered lanais, patios, and storagerooms, but excluding elevators, stairs, hallways, and

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exterior walkways, unless otherwise provided in thischapter.

B. When units of measurement determining thenumber of required parking spaces result in fractionalspace, any fraction less than one-half shall bedisregarded and fractions of one-half or more shallrequire one parking space.

C. All parking spaces shall be standard-sizedparking spaces, provided that single-family dwellings,farm dwellings, duplexes, and apartments may have upto twenty-five percent compact car parking spaces.

D. Compact car parking spaces shall be groupedand labeled "compact only".

19.36A.060 Access and specifications. A. Everyrequired off-street parking space shall be readilyaccessible from appropriately constructed driveways,lanes, or aisles. Additional spaces resulting fromthe "Stacking of Vehicles" where a vehicle's access isblocked cannot be counted as approved parking, exceptwhen providing parking in tandem, when allowed by thischapter. In addition:

1. Parking spaces shall be arranged sothat no maneuvering, i.e., access and egress,from a parking space shall occur on any publicstreet, alley, or walkway.

2. Parking areas for three or moreautomobiles shall have individually stripedspaces, except for bed and breakfast homes.

3. Where eight or more spaces are providedon a parcel, a suitable turnaround area shall beprovided, in order that all vehicles shall enterthe street in a forward manner.

4. Minimum aisle width required forparking areas shall be according to the followingtable:

8

ParkingAngle

(In Degrees)

Aisle Width (In Feet)

StandardCars

Compact Cars

0 -- 40 12 12

41 -- 50 13 13

51 -- 70 18.6 18

71 -- 80 21.6 20

81 -- 90 24 22

5. Loading space(s) shall not be locatedin any public street or alley. Each loadingspace shall be appropriately marked and providedin a readily accessible location within abuilding or on an exterior paved surface and haveminimum dimensions of twelve feet in width,thirty-five feet in length and a verticalclearance of at least fourteen feet.B. Ingress and egress to the parking area from

the street shall be in conformance with standards andrequirements of the department of public works.

19.36A.070 Walls, fences, and landscaping. A.Wherever any portion of a parking area abuts propertyzoned for residential or duplex use, a five-foot highfence or wall shall be erected along the abuttingportion of the property line. In addition, landscapeplanting shall be provided as follows:

1. In the A-1 apartment, H-1, H-2, and H-Mhotel, B-R resort commercial, B-1, B-2, and B-3business, M-1 and M-2 industrial, two-family(duplex) and airport districts, and in any mixed-use, industrial, commercial, multi-family, andbusiness districts within any project district,four-foot wide front and two-foot wide side andrear yard planted areas shall be providedimmediately adjacent and parallel with eachrespective portion of a property line where aparking area immediately abuts. For projectsthat include building structures greater than twostories, front yard planted areas shall betwenty-five percent of the required front yard

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setback, and three-foot wide side and rear yardplanted areas shall be provided immediatelyadjacent and parallel with each respectiveportion of a property line where a parking areaimmediately abuts.

2. Large crown shade trees shall beprovided at minimum regular intervals for everyfive spaces throughout each parking area.Appropriate hedge material and/or earth mounds,and shrubs shall be provided in linear masses tofunction as visual screens.

3. The landscape planting plan(s) shallspecify plant species, sizes, quantities, andlocations.

4. Each landscape planted area shall beregularly irrigated and maintained.

5. All landscape planting and irrigationplans shall be subject to final approval by theplanning director.

6. It is encouraged that the landscapingarea be incorporated into a storm watermanagement plant to increase recharge andpercolation of storm water.B. The following diagrams illustrate examples

of the application of this section:

19.36A.070

Fences and Landscaping

Business District lot

rill

MIN 1

INN,211111-NOM

AIMM.

Note: In the landscape area hedges, and/or earth moundsand shrubs shall be provided in linear masses

1111111111111.11 PP ria

Ile area

5 foot highwell or fence

Residential/DuplexDistrict Lot

Note In the landscape area hedges. artcifor earth moundsand shrubs shall be providecl in linear masses

Businesslindustriat district lot

0

Major or Minor road

"FOR DEMONSTRATION ONLY. FINAL PLANS SHALL BE APPROVED BY THE DIRECTOR OF PLANNING"

0 0

0

2

Fences and landscaping

Major or Minor road

"FOR DEMONSTRATION ONLY. FINAL PLANS SHALL BE APPROVED BY THE DIRECTOR OF PLANNING"

19.36A.080 Paving. Every off-street parkingspace or area other than for single-family dwellings,bed and breakfast homes, farm dwellings, guest house,and servants' quarters shall be paved with asphalticor concrete surface or equivalent. The planningdirector may allow or require other surface materialconsistent with an approved regional or communitydesign guidelines. The County encourages the use ofcolored and textured concrete or asphalt pavingmaterial in parking lots to improve aesthetics.

19.36A.090 Lighting. If lighting is provided,the lights shall be directed away from the residentialarea and from any public street or highway.Appropriate shielding shall be incorporated in such away as not to interfere with public safety andwelfare.

19.36A.100 Use limitations. Parking areas shallbe used for actively used vehicle parking only; and nosales, dead storage, repair work, dismantling norservicing of any kind, including storage of damagedvehicles, shall be conducted in such areas, except asprovided in section 19.36A.010 of this chapter.Noncommercial, home repairing of vehicles shall bepermitted in parking spaces for single-familydwelling, farm dwelling, duplex, servants' quarters,and guest house.

19.36A.110 Grass parking. Upon approval of thedirector, the requirement for asphalt or concretesurface of parking spaces may be modified whereby fivestalls or twenty-five percent of the provided spaces,whichever is greater, may be located on a grassed,gravel, or concrete mason grid paver area.

19.36A.120 Special management area--additionalrequirements. Nothing in this chapter shall beconstrued to limit the authority of the planningcommissions to impose additional off-street parkingand loading requirements on developments within thespecial management area.

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19.36A.130. Residential mixed use developmentparking requirements. A. The purpose of this sectionis to maximize land use efficiency by setting forthparking requirements for various land uses within aresidential mixed use development.

B. The following minimum numbers of accessibleoff-street parking spaces for self-propelled motorvehicles shall be provided on private property inconnection with the use of any land, or the erectionor remodeling of any building or structure within theresidential mixed use development:

USE MINIMUM PARKING RATIO

Automobile services One parking space per two hundred squareteet ot floor area or torty percent ot lotarea, whichever is greater.

Day care facility One parking space for every ten carerecipients; four pick-up/drop-ott spacesfor facilities with more than twenty-tivecare recipients.

Dwelling,family

single- Two on-site parking spaces per unit fordetached single-family dwellings andduplexes.

Dwelling,family

multi- Studio: one on-site parking space per unit.

One bedroom: one on-site parking space perunit.

Two or more bedrooms: two on-site parkingspaces per unit.

Eating andestablishment

drinking One parking space for every one hundredsquare feet of serving and dining areas.

Education,specialized

One parking space for every ten students,plus one parking space for every tourhundred square feet of office floor space.

Food and beverage One parking space for every five hundred

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USE MINIMUM PARKING RATIO

retail square teet of floor area of building;provided that a minimum of three parkingspaces shall be provided.

General merchandise One space for every five hundred squareteet of floor area of building; providedthat a minimum of three parking spacesshall be provided.

One parking space for every six hundre•square feet of floor area of building;provided that a minimum at three parkin•spaces shall be provided for appliance,turniture, plumbing supply, automobile,landscape supply, marine supply, an.machinery stores requiring large tloospaces for product display.

General office One parking space for every five hundredsquare teet of tloor area of building;provided that a minimum of three parkingspaces shall be provided.

Light manutacturingand processing

One parking space for every one thousandfive hundred square feet of floor area ofbuilding for warehouses and storagefacilities.

One parking space for every six hundredsquare teet of tloor area of all otheruses.

Live/work mixed use One parking space for every seven hundredtitty square teet of area used forlive/work business; commercial uses andresidential uses within a live/workcontiguration may share parking spaces.The spaces required for the residentialunit on a live/work building lot may beapplied toward the number of spacesrequired for the business use.

Personal and business One parking space for every three hundred

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USE MINIMUM PARKING RATIO

services square teet ot floor area ot building formedical and dental clinics, barber shopsand beauty shops, tinancial institutions,health spas; provided that a minimum ofthree parking spaces shall be provided.

One parking space for every five hundredsquare teet ot floor area of building forother personal and business services;provided that a minimum ot three parkingspaces shall be provided.

Recreation, indoor One parking space for every six hundredsquare teet ot boor area ot pool,gymnasium, wellness center.

One parking space for every three hundredsquare teet of floor area for all othertypes ot indoor recreation or three spacesper play court, whichever is greater.

Roadside stand Two parking spaces for each stand.

Self - storage One parking space for every tive thousandsquare teet ot floor area ot building forstorage facilities.

One parking space for every six hundredsquare feet of all other uses.

19.36A.140 Joint-use parking for residentialmixed use developments. A. Upon approval of theplanning director, joint use of required parkingspaces may be allowed for residential mixed usedevelopments where the distance of the entrance to thejoint-use parking facility from the nearest principalentrance of the building occupied by the use does notexceed four hundred feet by customary pedestrianroutes. If approved, joint-use parking shall applyonly to the specific uses and site plan submitted withthe application. Once joint-use parking has been

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approved, no change in use shall be permitted withouta new request for joint-use parking, and no buildingpermits or certificates of occupancy shall be issuedwithout a joint-use parking approval.

B. Joint-use parking may be approved subject tothe following application requirements, which shall beprepared and submitted by the applicant(s):

I. The names and addresses of the ownersof the parcel(s) who will participate in thejoint use of parking.

2. The uses for which joint use approvalis sought.

3. Site plan drawn to scale showing thelocation and number of parking spaces that willbe jointly used.

4. An analysis demonstrating that thepeak parking times of the uses occur at differenttimes of the day, and that the joint-use parkingfacility will be sufficient to accommodate theanticipated demand of the two or more uses.

S. Any other information required by theplanning director to assess the application.

19.36A.150 Off-site parking for residentialmixed use developments. A. Upon approval of theplanning director, off-site parking for residentialmixed use developments may be allowed where parkingspaces in excess of the number of spaces required bythis chapter exist on a lot or lots or street orstreets within the residential mixed use development.The distance of the entrance to the off-site parkingfacility from the nearest principal entrance of thebuilding occupied by the use shall not exceed fourhundred feet by customary pedestrian routes. Ifapproved, off-site parking shall apply only to thespecific uses and site plan submitted with therequest. Once off-site parking has been approved, nochange in use shall be permitted without a new requestfor off-site parking, and no building permits orcertificates of occupancy shall be issued without anoff-site parking approval. When the parking spaces inexcess of the number of spaces required by thischapter meet the requirements as stated, such surplusspaces may be counted towards the parking requirements

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of a separate lot within the residential mixed usedevelopment.

B. Off-site parking may be approved subject tothe following application requirements, which shall beprepared and submitted by the applicant(s):

1. The names and addresses of the ownerswho are entering into an off-site parkingagreement;

2. The uses for which off-site parkingapproval is sought;

3. Site plan drawn to scale showing thelocation and number of parking spaces that arebeing leased for off-site parking;

4. Documents that identify the owner ofthe subject properties. Lessees of the subjectoff-site parking stalls shall submit a copy ofany recorded parking agreement for said stalls,which agreement shall have an unexpired term ofat least five years from the date of filing ofthe off-site parking application; and

5. Any other information required by theplanning director to assess the application.

19.36A.160 Parking reduction or waiver. A. Theplanning director or, in the case of the island ofLanai, the Lanai planning commission, may waive ordefer up to thirty percent of the required parking forthe following developments:

1. Warehouses or storage facilities;2. Live/work mixed use or residential

mixed use projects; and3. Churches or other places of worship.

B. In determining whether to waive or deferrequired parking, the planning director, or, in thecase of Lanai, the Lanai planning commission, shallconsider the following:

1. Off-site parking agreements, providedthat the off-site parking facility is not morethan four hundred feet from the nearest principalentrance of the building occupied by the use;

2. Joint-use parking agreements betweentwo or more uses that demonstrate that the peakparking times of the uses occur at differenttimes of the day, and that the joint-use parking

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facility will be sufficient to accommodate theanticipated demand of the two or more uses;

3. Whether a publicly owned off-streetparking lot containing one hundred fifty or moreparking spaces is in the proximity of thedevelopment and is available;

4. Off-site employee parking, employee caror van pooling, and provision of employee transitpasses;

5. Superior pedestrian, bicycle, ortransit access; and

6. Proof of parking reserves in the formof reserved open space area in excess of theminimum open space or landscape requirements andagreements to construct additional parking whenand if warranted as determined by the planningdirector or commission based on evidence ofoverflow parking on public streets, in firelanes, or in other areas that are not striped forparking.

19.36A.170 Excess parking. With the exceptionof the county, state, and United States government, noperson shall provide or construct excess paved surfaceparking in connection with a development for acommercial purpose. For the purpose of this section,excess paved surface parking means paved surfaceparking exceeding the lesser of one hundred twentypercent of the spaces required by this chapter orforty paved parking spaces beyond what is required bythis chapter. Parking shall not be considered excesspaved surface parking if it is constructed within astructure or grasscrete area.

19.36A.180 Temporary or special event parking.The planning director may approve a temporary orspecial event parking lot in connection with apermitted or accessory use. Improvements to thetemporary parking lot shall be limited to thosenecessary for public health, safety, and visualrelief. For the purpose of this chapter, a temporaryor special event parking lot means a parking lot to beused in conjunction with a use not exceeding onehundred eighty days in duration. This shall include,but not be limited to, bazaars, fairs, temporary sales

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offices for subdivisions, festivals, constructionworker parking, and sporting events. It shall notinclude regularly scheduled or weekly events, such asswap meets or flea markets. No person shall establishtemporary or special event parking except as providedherein.

19.36A.190 Loading space. A minimum of oneloading space shall be provided for each building orseries of buildings within the H-1, H-2, and H-Mhotel, B-R resort commercial, B-1, B-2, and B-3business, M-1 and M-2 industrial, B-CT, airport, P-1public/quasi-public and interim districts, and anyindustrial and commercial districts within any projectdistrict, and for each building or series of buildingswithin residential mixed use developments, forbuildings between two thousand and ten thousand squarefeet. A minimum of two loading spaces shall beprovided for each building in excess of ten thousandsquare feet within any district listed in thissection."

SECTION 7. Material to be repealed is bracketed. New

material is underscored. In printing this bill, the County

Clerk need not include the brackets, the bracketed material, or

the underscoring.

SECTION 8. This ordinance shall take effect upon its

approval and shall apply to all projects that receive building

permits after the effective date of this ordinance.

APPROVED AS TO FORMAND LEGAL Y:

(7MICHAEL J. HOPPERDeputy Corporation CounselCounty of Maui s:\cLERIcATALJN\oRD\Amend19.04.estab19.36A.2008.doc

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7. Was transmitted to the Mayor of the County of Maui, State of Hawaii, on the 7th day of July, 2009.

DATED AT WAILUKU, MAUI, HAWAII, this 7th day of July, 2009.

DENNIS A. M EO, CHAIRouncil of the nty of Maui

WE HEREBY CERTIFY that the foregoing BILL NO. 49 (2009)

1. Passed FINAL READING at the meeting of the Council of the County of Maui, State of Hawaii, held on the7th day of July, 2009, by the following vote:

Dennis AMATEO

Chair

Michael J.MOLINA

Vice-Chair

Gladys C.BAISA

Jo AnneJOHNSON

Solomon P.KAHO'OHALAHALA

William J.MEDEIROS

Wayne K.NISHIKI

JosephPONTANILLA

— Michael P.VICTORINO

Aye Aye Aye Aye Aye Aye Aye Aye Aye

THE FOREGOING BILL IS HEREBY APPROVED THIS O N DAY OF JULY, 2009.

CHARM A INE TAVARES, A YORCounty of Maui

HEREBY CERTIFY that upon approval of the foregoing BILL by the Mayor of the County of Maui, the said BILLwas designated as ORDINANCE NO. 3662 of the County— f Maui. State of Hawaii.

OY T. /411R ,GA, COUNTY CLERKCOunty of Maui

I HEREBY CERTIFY that the foregoing is a true and correct copy of OrdinanceNo. 3662 the original of which is on file in the Office of the CountyClerk, County of Maui, State of Hawaii.

Dated at Wailuku, Hawaii, on

County Clerk, County of Maui

Passed FirstReading on June 23, 2009.Effectiye daee . of Ordinance J uly 8 , 2009 .