COM 0332.002 2010-2012 - Laserfiche WebLink

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Comm. 332.2 BRCCInitiatedMortuaryCrematoriumsBi1190 .doc -11/2/11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLES 1 AND 5 RELATING TO ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES, AND MORTUARIES The County Council has initiated an amendment to Chapter 25 (Zoning Code), Articles 1 and 5 of the Hawaii County Code 1983 (2005 edition, as amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services and mortuaries. BACKGROUND The County Council is proposing amendments to the Zoning Code within Articles 1 (General Provisions) and 5 (Zoning District Regulations) as described within Bill No. 90 (Planning Department Exhibit A). In summary, Bill No. 90 attempts to amend the Zoning Code in order to resolve inconsistencies in the application of zoning regulations to mortuaries, funeral homes and services and crematoriums. According to Bill 90, "[T]the purpose of this amendment is to grant both mortuaries and crematoriums equally in permitting, and add `funeral homes' and `funeral services' as similar services with the same regulations for use." Generally speaking, mortuaries are permitted only within the Commercial and Industrial zoning districts. For Residential, Resort, Agricultural and Open zoning districts, a Use or Special Permit, as appropriate, will be required. Crematoriums, however, is not a permitted use within any zoning district. A Use or Special Permit, as appropriate, is required. Bill 90 attempts to treat crematoriums, as well as funeral homes and services, as classes of uses that are subject to the same land use regulations and requirements as mortuaries. Refer to Exhibit B, a table prepared by the County Council that identifies the permitting pattern for mortuaries and crematoriums, as compared with churches.