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HomeMy WebLinkAboutCOM 0332.002 2010-2012William P. Kenoi Mayor December 21, 2011 County of Hawai i 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 326 -5663 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: Change of Zone Ordinance No. 95 98 (REZ 800) Applicant: Renaissance Development, LLC Request: Amendment to Condition B Tax Map Key: 1 -6- 003:010 Change of Zone Application (REZ 11- 000146) Applicant: Takata Dental Health Center, Inc. Request: RS -10 to RCX -20 Tax Map Key: 2 -2- 038:028 Initiator: County Council Bill No. 90 Proposing the Amendment to Chapter 25, Article 1 and Article 5 of The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to Zoning District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries Change of Zone Application (REZ 11- 000143) Applicant: Donny Souza & Melissa Mulliken Request: RS -10 to CV -10 Tax Map Key: 1 -8- 002:064 William T. Takaba Managing Director Wally Lau Deputy Managing Director As required by Chapter 4, Sec. 6- 4.3(C), Hawai` i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commissions' letters and enclosures regarding the above - referenced requests. William P. Kenoi Mayor Enclosures cc: Planning Department Hawaii County is an Equal Opportunity Provider and Employer C o m m . No. 2.2 Ref. To _ Ref. Date 21111 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Initiator: County Council Bill No. 90 Proposing the Amendment to Chapter 25, Article 1 and Article 5 of The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to Zoning District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries The Windward Planning Commission, at its duly held public hearing on December 1, 2011, considered the County Council's Bill No. 90 proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai`i County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services and mortuaries. The Commission voted to forward a favorable recommendation to the County Council on the request. We have enclosed a copy of the Planning Director's Background and Recommendation, as well as a transcript of the hearing for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission ICouncil lnitiatedBill90-WPC Enclosures cc: Amy Self, Esq. Hawai `i County is an Equal Opportunity Provider and Employer Comm. 332.2 PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT DECEMBER 1, 2011 A regularly advertised hearing on COUNTY COUNCIL BILL NO. 90 FOR CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES ANDMORTUARIES was called to order at 9:54 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Stephen Ono and Raylene Moses ALSO PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner) and Sharon Nomura (Secretary). And approximately 17 people from the public in attendance ABSENT & EXCUSED: Takashi Domingo and Wallace Ishibashi INITIATOR - COUNTY COUNCIL County Council Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai`i County Code 1983 (2005 Edition, as Amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. KERN: Item No. 4, Initiator: County Council, County Council Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai`i County Code 1983 (2005 Edition, as Amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. Daryn. ARAI: Thank you, Mr. Chairman. Good morning Commissioners. COMMISSIONERS: Good morning. ARAI: The purpose of Bill 90 that was transmitted by the Hawai`i County Council was to amend the Zoning Code in order to resolve some inconsistencies within the Code as it applies to mortuaries and crematoriums. The basic purpose of the bill is to grant to both mortuaries and crematoriums basically equal footing in the application of law as well as to include definitions such as funeral homes and funeral services to be subject to the same regulations as mortuaries are. Generally speaking, mortuaries are only permitted within the Commercial and Industrial zoned districts. Whereas a crematorium is not permitted in any zoned district. You need to apply for a special permit or a use permit in order to allow a crematorium. Mortuaries also require a use or special permit if they were to be located in Residential, Resort, Agricultural and Open zoned 1 districts. So as you can see mortuaries, funeral homes, funeral services, they are very tightly integrated as far as use is considered. But you can see the permitting requirements are different between mortuaries and crematoriums. And the purpose of the bill is basically to make them all follow the same permitting track. We looked at Bill 90; and the Planning Director does support Bill 90, subject to some amendments that are identified on Page 2 of your background and recommendation report dated November 2nd Item Nos. 1 and 2 basically are going through sections regarding a use permit to make sure that funeral homes, funeral service, and mortuaries are clearly defined within these sections requiring use permits. And the last section Item No. 3 is that if you're going to basically say that crematoriums, funeral services, and funeral homes shall be treated the same as mortuaries, then the parking requirements that applies to mortuaries shall apply to all of those other uses as well, again, equal footing. So with that, oh, I just wanted to mention that this Bill was heard at the Leeward Planning Commission hearing on November 17`h. And I guess I can say that it was a favorable recommendation before Leeward. So with that I stand ready to answer any questions that you may have. KERN: Thank you, Daryn. Any question for staff? Commissioner Ono. ONO: Just for clarification. Does it mean that a funeral home can automatically develop a crematorium as well or is that still with the special permit? ARAI: It depends on the district classification. For example, if you look at Exhibit B that was attached to your background and recommendation report, what you see is a matrix. And the matrix outlines basically where a mortuary or crematorium would be permitted, and that will be by the letter U, I'm sorry, by the letter P. And where a use permit is required it will be the letter U. And where a special permit would be required it will be SP. So basically this matrix sort of like outlines all the various zoned districts and the type of permitting requirements that would follow. But, again, what the bill is going to do if approved is basically make all of those uses track the same way. If it requires a use permit for mortuaries, then the same thing for a crematorium, likewise for funeral services and funeral homes. KERN: Thank you, Daryn. Any other questions? Seeing none, thank you very much. And there is no applicant, so -. Is there anybody signed up from the public to testify on this one, Sharon? NOMURA: No. KERN: No. Okay, so nobody signed up from the public to testify, no applicant. We can make a motion. Commissioner Au? 2 AU: Thank you, Mr. Chair. I move to send a favorable recommendation to the Hawai`i County Council regarding Bill Number 90. KERN: Is there a second? MOSES: Second. KERN: And discussion? And can I make a clarification. Do we want to include the amendments as well? Cause that would need to be stated here, correct? Or is that, the Planning Director's amendments -? ARAI: I think you could say "as recommended by the Planning Director." AU: Yes, "as recommended by the Planning Director." KERN: Okay, so for the record that includes the amendments -. ARAI: Yes, the amendments. KERN: Located on page 2? ARAI: Yes. KERN: And the person who seconded is okay, Commissioner Moses? MOSES: Yes. KERN: Okay, great. Any other discussion? Seeing none, Daryn, take the vote. ARAI: Commissioner Au? AU: Yes. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman? KERN: Aye. ARAI: Mr. Chairman, motion carries with four aye votes. 3 KERN: All right. The discussion ended at 9:59 a.m. Respectfully submitted, Th V 1x,n-1 Sharon M. Nomura, Secretary 4 Comm. 332.2 DEC 1 1 2011 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Initiator: County Council Bill No. 90 Proposing the Amendment to Chapter 25, Article 1 and Article 5 of The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to Zoning District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries The Leeward Planning Commission, at its duly held public hearing on November 17, 2011, considered the County Council's Bill No. 90 proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai`i County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services and mortuaries. The Commission voted to forward a favorable recommendation to the County Council on the request. We have enclosed a copy of the Planning Director's Background and Recommendation, as well as a transcript of the hearing for your information. Sincerely, 1 Geraldine Giffin, Chairman Leeward Planning Commission 1Council InitiatedBill90 -LPC Enclosures cc: Amy Self, Esq. Hawai 'i County is an Equal Opportunity Provider and Employer Comm. 332.2 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 17, 2011 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25, RELATING TO ZONING DISTRICT REGULATIONS was called to order at 10:40 a.m. in the West Hawai `i Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawai`i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner) and Noriko Sauer (Commission Secretary) And one person from the public in attendance. INITIATOR - COUNTY COUNCIL County Council Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai `i County Code 1983 (2005 Edition, as Amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. GIFFIN: We are on Agenda Item No. 5. It's initiated by the County Council. It's Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawaii County Code 1983, actually 2005 Edition, as amended, relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. Daryn? ARAI: Thank you, Madam Chairwoman, good morning. Good morning, Commissioners. The County Council transmitted Bill No. 90 to you for your consideration. And the purpose of the amendment was to grant both mortuaries and crematoriums basically equal footing when it comes to permitting within the County Code. Generally speaking, mortuaries are well defined within the Zoning Code. It is permitted basically within the Industrial and Commercial zone districts. Crematoriums, however, is not permitted within any zone districts; it can only be allowed through a Use Permit or a Special Permit as that may be granted by the Planning Commission as appropriate. Now, crematoriums and mortuaries, they are somewhat synonymous as far as uses go. They are frequently tightly integrated with on another. That is why the Bill also goes further to add the definition of funeral homes and funeral services as a defining use within the Zoning Code. So basically, the attempt here is to place funeral services, funeral homes and crematoriums on equal footing with mortuaries, which is permitted generally in the Commercial and Industrial zone districts. Now, if you look at your Background and Recommendation report, Exhibit B, which is I think the last page, there is sort of like a diagram that was prepared by the County Council and transmitted along, I'm sorry, it wasn't transmitted along with Bill 90, but it was something that was prepared 1 when they had the hearing before the Planning Committee, the Council's Planning Committee. So I was able to get this diagram and include it in your packet. So it's sort of like visually gives you an idea of how the changes will affect the use categories within the Zoning Code. The "U ", the "SP" and the "P," which basically means permitted use, or "U" stands for Use Permit, the larger capitalization means that is what is being amended by Bill 90. So you can have a general sense of how the Code is changing in order to accommodate these areas' definitions, all of which is basically synonymous with funeral homes, funeral services, and mortuaries. We feel that it is a proper request, it provides greater clarification. And therefore, the Planning Director is supportive of Bill 90. Now, I should also note that while we are supportive of Bill 90, there are certain parts of it that we feel needs further clarification, and that is detailed for you on Page No. 2 of our report under Analysis. And basically, we went through the entire Code, and knowing what the Council was proposing, we wanted to make sure other sections of the Zoning Code were modified to basically match the intent and purpose of the proposed amendments. Most of them are not significant; it's just basically clarifying where and when Use Permits are required and when it will be outrightly permitted. But if you look at Item No. 3, and that's something we are emphasizing to the Council, should you also issue a favorable recommendation on this Bill, is that if they want to put funeral homes, funeral services, and crematoriums on equal footing with mortuaries, then it should be the same when we apply the parking calculations. So we just wanted to make that clarification. With that, I stand ready to answer any questions you may have. GIFFIN: Commissioners, any questions of staff? Tom? WHITTEMORE: Just the parking issue. That is the standard policy, right, that every 7,500 square feet you require one parking stall? ARAI: Actually, I think it's 75 square feet -. WHITTEMORE: Seventy -five? Is that what it is? ARAI: So it's a pretty high calculation -. WHITTEMORE: Seventy -five, excuse me, yeah. So that is standard, though, in all Commercial and Industrial? ARAI: No, it's used for basically areas of general assembly. And that is why like funeral services and funeral homes where the services are held, you have a large congregation, the higher calculation is applied. WHITTEMORE: So that will be churches, temples, synagogues, then? ARAI: Right. WHITTEMORE: That's where the parking application is. ARAI: That type of parking calculation is applied, yes. Now, I could see where an applicant may come back and say I'm a crematorium, and, you know, that alone doesn't generate the type of assembly that would warrant the 75. I would rather a determination or discretion be applied at the 2 time of Plan Approval review, which is required whenever these uses try to establish themselves; the Planning Director at her discretion could say, you know, she could lower the parking calculations as she may deem necessary. But because crematoriums and funeral services could be so tightly intertwined, we wanted to leave it at the higher calculation and allow for discretion to a lower calc by the Director. WHITTEMORE: Along that same line, we just a couple of months ago approved that one relocation of the crematorium, and what was the parking requirement for that, do you recall? Because it wouldn't even come close to 75 square feet. I think they only had three stalls, as I recall, or something like that, or it was kind of predetermined. ARAI: Right. Right off hat I don't have, I mean, it's something I can -. Maybe Maija has something for me. WHITTEMORE: It seems kind of onerous truthfully, but I guess in the scope of what they have to do, they will be actually having services, I think; it sounded like the one that we approved, they would have services at that location. ARAI: If it was just a crematorium outright, there was no clear definition, or parking calculation assigned for crematorium. So given the zoning of that area, we would apply, maybe have applied just a commercial type of calculation, or commercial calculation, which is one per 300 square feet of floor area. But that is where the planner reviewing for Plan Approval will have to make the determination whether -. If it is an assembly, then they have to determine when to apply the 75 and when not to apply the 75. GIFFIN: Any other questions of Daryn? Hearing none, I do. So in that same regard, Daryn, by definition, when you are going through getting all of, you know, this information for us, by definition, a crematorium is simply that, right, where they cremate? ARAI: Yes. GIFFIN: Okay, versus a mortuary, which could have assembly, as you were saying earlier. ARAI: Right. But I understand -. When I did some search on the Internet, there are times when crematoriums could have viewing areas or they may have special services right before the body is cremated. And it's really hard for us to figure out when, you know, so it really depends on the operator. If they have a concern regarding the type of calculation that is applied, then the burden is on them to demonstrate to the Planning Department why we should apply a lower calculation based on a precise activity that they are doing. But every operator has their own services, and nuances behind services are very, needs to managed, I guess. GIFFIN: And mortuaries can cremate as well, right? ARAI: Yes. I think Dodo Mortuary in Hilo, if I'm not mistaken, they do have a crematory right within their entire facility. So, you see how it can be so tightly integrated that it -. GIFFIN: BJ? 3 LEITHEAD TODD: I attended a funeral on the mainland, and it was the first time I've been in something that I guess qualifies as a funeral home as opposed to, you know, we are used to I think mortuaries here where you go in and it's kind of an assembly hall and they've got pews like in a church and you line up. Well, I walked in and I was surprised, because I'd never been in a funeral home and it was like walking into somebody's living room; I mean it was couches and little coffee tables, you know. And so, and one end of the room was the casket where you could go view the body, and there were some couches and stuff there, and then the other area was just like walking into your living room. It had a fireplace and, you know, couches and the family could sit down. So I guess for something smaller. But I'd never been in one before, so now I understood why it was a funeral home as opposed to a mortuary on a sign outside. But I'd never seen one in Hawai `i. So anyway, so there is this nuances that are on the mainland, that we are not necessarily that familiar with here in Hawai`i. GIFFIN: Any other questions of Daryn, Commissioners? I'd like to call your attention to the last paragraph on Page 2; the recommendation is there where the Planning Director is recommending a favorable recommendation to the County Council. Any comments, questions? Commissioner Hickcox? HICKCOX: None. GIFFIN: None? Do I hear a motion? Oh, I forgot — the staff has informed me that no one has signed up to testify. Do I hear a motion? HICKCOX: Yes, Madam Chair. GIFFIN: Commissioner Hickcox. HICKCOX: I recommend that we send a favorable recommendation to the Council regarding Bill No. 90 relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries, incorporating the recommended amendments as provided by the Planning Director. GIFFIN: Perfect. Do I hear a second? IOKEPA: Second. GIFFIN: That was fast. It has been moved by Commissioner Hickcox and seconded by Commissioner Iokepa that we send a favorable recommendation to the County Council regarding Bill No. 90 relating to the zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries, incorporating the recommended amendments as provided by the Planning Director. Discussion? Hearing none, Daryn. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Iokepa? IOKEPA: Aye. 4 ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Bowman? BOWMAN: Aye. ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with six aye votes. GIFFIN: Great. Thank you. The discussion ended at 10:53 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 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. ANALYSIS In general, we appreciate the added clarity and definition that will be provided by the proposed amendments. However, there are specific areas within the bill that would require further clarification. 1. Section 25- 2- 61(a)(2) of the Zoning Code regarding Use Permits. Amend this section since approval of this amendment will no longer require Use Permits for crematoriums in all zoning districts. Amend as follows: (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: (2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, RCX, RA, FA, A and V [in all] districts. 2. Section 25- 2- 61(a)(9) of the Zoning Code regarding Use Permits. (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: [(9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.] Delete Item 9 since mortuaries are covered under Item 2 above. Renumber remaining items as appropriate. 3. Section 25- 4- 51(a)(8) regarding Required Number of Parking Spaces. Amend this section to provide for minimum parking requirements. (a) The number of parking spaces for each use shall be as follows: (8) Funeral homes, funeral services, and mortuaries and crematorium: one for each seventy -five square feet of gross floor area. RECOMMENDATION The Planning Director recommends that the Leeward and Windward Planning Commissions send a favorable recommendation to the Council regarding BM No. 90 relating to zoning district regulations for crematoriums, funeral homes, funeral services and mortuaries, incorporating the recommended amendments as provided by the Planning Director. PETE HOFFMANN Council Member District 9 - North & South Kohala w» r co fro'1 G'i DATE: TO: HAWAII. COUNTY COUNCIL County of Hawai'i Holomua Center 64 -1067 Mamalahoa Highway, Suite C -5 Kamuela, Hawairi 96743 September 23, 2011 Bobbie Jean Leithead Todd, Director Department of Planning FROM: Pete Hoffmann, Cou Distric RE: Communication 332 and Bill 90 Phone: (808) 887 -2043 (Waimea) (808) 961 -8273 (Hilo) (808) 323 -4281 (Kona) Fax: (808) 887 -2072 (Waimea) Email: phoffmann@co.hawaii.hi.us m 11 er. South Kohala Attached please find Communication 332 and Bill 90, relating to zoning district regulations for crematoriums, funeral homes, funeral services and mortuaries. This matter was on the agenda of the September 20, 2011 Hawaii County Council Planning Committee meeting, and pursuant to Chapter 24, Section 25- 2 -43(b) of the Hawaii County Code (2005 Edition, as amended) has been referred to you for review and comment within a 120 day review period. Please forward to the Windward Planning Commission and the Leeward Planning Commission for their review and comment. Feel free to call me if you have any questions. . PH:dh Att: cc: J. Kawauchi (w /o attachments) J. Aiello (w /o attachments) Serving the Interests of the People of Our Island Hawai 'i County is an Equal Opportunity Provider and Employer 074393 Planning Dept. Exhibit A • COUNTY OF HAWAII STATE OF HAWAII BILL NO. 90 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1 AND ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES, AND MORTUARIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Chapter 25, Article 5, Zoning District Regulations, of the Hawai'i County Code 1983 (2005 Edition, as amended), is inconsistent in its application to mortuaries, crematoriums, funeral homes, and funeral services. This ordinance amends Chapter 25, Article 1 for definitions and each zoning district within Article 5 with regard for permitted use, use permits, and special permits as appropriate regarding mortuaries, crematoriums, funeral homes, and funeral services. The purpose of this amendment is to treat both mortuaries and crematoriums equally in permitting, and add "funeral homes" and "funeral services" as similar services with the same regulations for use. In addition, Section 25 -5 -82 is corrected as a housekeeping item. SECTION 2. Chapter 25, article 1, section 25 -1 -5 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding the following definitions to subsection (b), to read as follows: 'Crematorium" means a business that contains a crematory or a place to incinerate a decedent. It may also contain a morgue or funeral home, and may provide funeral services. "Funeral home" or "funeral parlor" means a business establishment where the bodies of the dead are prepared for burial or cremation and religious or memorial services can be held. "Funeral services" means an assortment of services provided by mortuaries, crematoriums, and funeral homes that may provide for: the sale of pre -death final expenses insurance, sale of caskets or closed containers for cremains, coordination for burials of caskets and cremains, embalming, viewings, storage and transportation of the decedent or cremains, funeral planning, religious or memorial services, and completion of death certificates and other legal documents. "Mortuary" means a business used to prepare a decedent before burial or cremation. It may also contain a morgue, funeral home, or crematory, and may provide funeral services. SECTION 3. Chapter 25, article 5, section 25 -5 -3 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(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. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Major outdoor amusement and recreation facilities. [(9) dies.] [(10)] (9 Schools. [(11)] (10) Telecommunication antennas and towers. [(12)] (11) Yacht harbors and boating facilities." SECTION 4. Chapter 25, article 5, section 25 -5 -22 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RD 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. (5) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (7) Major outdoor amusement and recreation facilities. [f8}-Mortuaries] [(9)] a) Schools. [(10)] Telecommunication antennas and towers. [(I 1)] (10) Yacht harbors and boating facilities." 2 • • • SECTION 5. Chapter 25, article 5, section 25 -5 -32 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(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. (5) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (7) Major outdoor amusement and recreation facilities. [ i •] [(9] ill Schools. [(10)] (9) Telecommunication antennas and towers. [(11)] (10) Yacht harbors and boating facilities." SECTION 6. Chapter 25, article 5, section 25 -5 -42 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RCX district, provided that a use permit is issued for each use: (1) Care homes. (2) Crematoriums[:], funeral homes, funeral services, and mortuaries. (3) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (5) Major outdoor amusement and recreation facilities. [ ] [RA (6) Telecommunication antennas and towers. [(8)] Q Yacht harbors and boating facilities." 3 SECTION 7. Chapter 25, article 5, section 25 -5 -52 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (d) to read as follows: "(d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special permit is issued for each use if the building site is within the State land use rural district: (1) Crematoriums[.], funeral homes, funeral services, and mortuaries. (2) Churches, temples and synagogues. (3) Day care centers. (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (5) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. [(6)-Memtax 1 [(--7-)]6) Schools. [(8)](7) Yacht harbors and boating facilities." SECTION 8. Chapter 25, article 5, section 25 -5 -62 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsection (d) to read as follows: "(d) The following uses may be permitted in the FA district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Churches, temples and synagogues. (2) Crematoriums, funeral homes, funeral services, and mortuaries. [(23] al Day care centers. [] Hospitals, sanitariums, old age, convalescent, nursing and rest homes. [(4)] (5) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses [(5) Mortuaries ] (6) Schools." J SECTION 9. Chapter 25, article 5, section 25 -5 -72 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (d) to read as follows: "(d) The following uses may be permitted in the A district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district 4 • • • or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Crematoriums[:], funeral homes, funeral services, and mortuaries. (2) Churches, temples and synagogues. (3) Day care centers. (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (5) Major outdoor amusement and recreation facilities. [(6) M,T1 [(7)]L) Schools." SECTION 10. Chapter 25, article 5, section 25 -5 -82 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (c) to read as follows: "(c) The following uses may be permitted in the IA districts, provided that a special permit is obtained for such use: (1) Crematoriums[.], funeral homes, funeral services, and mortuaries. (2) Churches[.-], temples, or synagogues. (3) Community buildings as permitted under section 25 -4 -11. (4) Day care centers. (5) Hospitals. (6) Public uses and structures, other than those necessary for agricultural purposes, as permitted under section 25 -4 -11. (7) Uses other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawai`i Revised Statutes." SECTION 11. Chapter 25, article 5, section 25 -5 -92 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the V district, provided that a use permit is issued for each use: (1) Crematoriums[-], funeral homes, funeral services, and mortuaries. (2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (4) Schools. (5) Yacht harbors and boating facilities." 5 SECTION 12. Chapter 25, article 5, section 25 -5 -102 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "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. [(10)] (11) Crop production. [(11)] (12) Day care centers. [(12)] (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. [(13)] (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. [(14)] (15) Dwellings, single - family. [(15)] (16) Family child care homes. [(16)] (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. [(17)] (18) Financial institutions. [(18)] (19) Group living facilities. [(19)] (20) Home occupations, as permitted under section 25 -4 -13. 6 • • • • [(20)] (21) Medical clinics. [(21)] (22) Meeting facilities. [(22)] (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) Telecommunication antennas, as permitted under section 25 -4 -12. (35) Theaters. (36) Utility substations as permitted under Section 25 -4 -11. (1) Crematoriums.] [(e3] () Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district." SECTION 13. Chapter 25, article 5, section 25 -5 -112 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsections (a) and (b) to read as follows: "(a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. 7 (8) Bed and breakfast establishments, as permitted under section 25 -4 -7. (9) 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. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25 -4 -11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. [(20)] (21) Crop production. [(21)] (22) Day care centers. [(22)] (23) Display rooms for products sold elsewhere. [(23)] (24) 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. [(21)] (25) 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. [(25)] (26) Dwellings, single - family. [(26)] (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. [(27)] (28) Family child care homes. [(28)] (29) 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. [(2.9)] (30) Financial institutions. 8 • • • R-34)] (31) Group living facilities. [(31)] (32) Home occupations, as permitted under section 25 -4 -13. [(32)] (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. [(33)] (34) Hotels. [(34)] (35) Ice storage and dispensing facilities. [(35)] (36) Laboratories, medical and research. [(] (37) Laundries. [()] (38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. [(38)] (39) Medical clinics. [(39)] (440 Meeting facilities. [(10)] (41) Model homes, homes, as permitted under section 25 -4 -8. [( 1) Mortuaries,] ((42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. (44) Personal services. (45) Photography studios. (46) Public uses and structures, as permitted under section 25 -4 -11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Telecommunication antennas, as permitted under section 25 -4 -12. (53) Theaters. (54) Time share units. (55) Utility substations, as permitted under section 25 -4 -11. (56) Veterinary establishments. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CG district, provided that a use permit is issued for each use: 9 [(2)] (.1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. [()] (2) Major outdoor amusement and recreation facilities. [(4)] j3) Yacht harbors and boating facilities." SECTION 14. Chapter 25, article 5, section 25 -5 -122 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsections (a) and (b) to read as follows: "(a) The following uses shall be permitted in the CV district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25 -4 -7. (8) 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. (9) Business services. (10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (11) Churches, temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25 -4 -11. (14) Convenience stores. (15) Crematoriums, funeral homes, funeral services, and mortuaries. [(15)] (16) Crop production. [(16)] (17) Day care centers. [(17)] (18) 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. [(18)] (19) 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. [(4.93] (20) Dwellings, single - family. [(20)] (21) Family child care homes. 10 • • • • [(21)] (22) 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. [(22)] (23) Financial institutions. [(23)] (24) Group living facilities. [(21)] (25) Home occupations, as permitted under section 25 -4 -13. [(25)] (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. [(26)] (27) Hotels, when the design and use conform to the character of the area, as approved by the director. [(27)] (28) Laboratories, medical and research. [(28)] (29) Lodges. [(29)] (30) Manufacturing, processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. [(30)] (31) Medical clinics. [(31)] (32) Meeting facilities. [(32)] (33) Model homes, as permitted under section 25 -4 -8. [(33 -) M ] (34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (35) Offices. (36) Personal services. (37) Photography studios. (38) Public uses and structures, as permitted under section 25-4-11. (39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops, which are designed to primarily serve the local area. (40) Repair establishments, major, when there are not more than five employees, as approved by the director. (41) Repair establishments, minor. (42) Restaurants. (43) Retail establishments. 11 (44) Schools. (45) Telecommunication antennas, as permitted under section 25 -4 -12. (46) Temporary real estate offices, as permitted under section 25 -4 -8. (47) Theaters. (48) 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 CV district, provided that a use permit is issued for each use: [(1) Cremptoriu •] [(2)] al Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. [93] (2) Major outdoor amusement and recreation facilities. [(4)] ) Yacht harbors and boating facilities." SECTION 15. Chapter 25, article 5, section 25 -5 -132 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsections (a) and (b) to read as follows: "(a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile sales and rentals. (6) Automobile service stations. (7) Bars, nightclubs and cabarets. (8) Broadcasting stations. (9) Business services. (10) Car washing. (11) Catering establishments. (12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (13) Churches, temples and synagogues. (14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (15) Commercial parking lots and garages. (16) Community buildings, as permitted under section 25 -4-11. (17) Convenience stores. 12 • • • (18) Crematoriums, funeral homes, funeral services, and mortuaries. [(18)] (19) Data processing facilities. [(19)] (20) Display rooms for products sold elsewhere. [(20)] (21) Equipment sales and rental yards. [(21)] (221 Farmers markets. [(22)] (23) Financial institutions. [(23)] (24) Food manufacturing and processing. [(24)] (25) Home improvement centers. [(25)] (26) Ice storage and dispensing facilities. [(26)] (27) Kennels in sound - attenuated buildings. [(27)] (28) Laboratories, medical and research. [(28.)] (29) Laundries. [(29)] (30) Manufacturing, processing and packaging establishments, light. [90)] (31) Medical clinics. [(31)] (32) Meeting facilities. [(32)] (33) Model homes. [ ] (34) Motion picture and television production studios. (35) Offices. (36) Personal services. (37) Photographic processing. (38) Photography studios. (39) Plant nurseries. (40) Public uses and structures, as permitted under section 25 -4 -11. (41) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (42) Repair establishments, minor. (43) Restaurants. (44) Retail establishments. (45) Sales and service of machinery used in agricultural production. (46) Schools, business. (47) Schools, photography, art, music and dance. (48) Schools, vocational. 13 (49) Self - storage facilities. (50) Tglecommunications antennas, as permitted under section 25 -4 -12. (51) Temporary real estate offices, as permitted under section 25 -4 -8. (52) Theaters. (53) Utility substations, as permitted under section 25-4 -11. (54) Veterinary establishments in sound - attenuated buildings. (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) Crematorium .] [(23] (1) Major outdoor amusement and recreation facilities. [031(2) Schools. [(43] (3) Yacht harbors and boating facilities." SECTION 16. Chapter 25, article 5, section 25 -5 -142 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsections (a) and (b) to read as follows: "(a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Animal hospitals. (4) Animal quarantine stations. (5) Aquaculture activities. (6) Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (8) Automobile service stations. (9) Bakeries. (10) Bars. (11) Broadcasting stations. (12) Car washing. (13) Carpentry, hardwood products and furniture manufacturing and storage establishments. (14) Catering establishments. 14 • • • • (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (16) Churches, temples and synagogues. (17) Cleaning and dyeing plants. (18) Commercial parking lots and garages. (19) Community buildings, as permitted under section 25 -4 -11. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (21) Crematoriums, funeral homes, funeral services, and mortuaries. [(21)] (22) Day care centers. [(22)] (23) Financial institutions. [(23)] (24) Food manufacturing and processing facilities. [(24)] (25) Greenhouses, plant nurseries. [(25)] (26) Heavy equipment sales, service and rental. [(26)] (27) Home improvement centers. [(27)] (28) Junkyards, provided that the building site is not less than one acre in area. [(2,8 ] (29) Laboratories, medical and research. [(N)] (30) Laundries. [(30)] (31) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. [(31)] (32) Manufacturing, processing and packaging establishments, light. [(32)] (33) Motion picture and television production studios. [(.33] (34) Photographic processing. [(34)] (35) Plumbing, electrical, air conditioning and heating establishments. [(35)] (36) Public uses and structures, as permitted under section 25 -4 -11. [(36)] (37) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(37)] (38) Recycling centers, which do not involve the processing of recyclable materials. [(-38)] (39) Repair establishments, minor. [99)] Restaurants. [(40)] (41) Self storage facilities. [(1 1)] (42) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. 15 [(42)] (43) Telecommunication antennas, as permitted under section 25 -4 -12. [(43)] (44) Temporary real estate offices, as permitted under section 25 -4 -8. {(44)] (45) Transportation and tour terminals. [(15)] (46) Truck, freight and draying terminals. [(16)] (47) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. [(17)] (48) Utility substations, as permitted under section 25 -4 -11. [(48)] (491 Veterinary establishments. [(19)] (50) Vocational schools. [(39)] (51) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. [(51)](52) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products. (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) Crematorium..,] [(2)] a) Major outdoor amusement and recreation facilities. [(3)] ( Schools. [(4)] al Yacht harbors and boating facilities." SECTION 17. Chapter 25, article 5, section 25 -5 -152 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsections (a) and (b) to read as follows: "(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) Animal hospitals. (4) Animal quarantine stations. (5) Animal sales, stock, and feed yards. (6) Aquaculture activities and facilities, (7) Automobile and truck storage facilities. (8) Automobile body and fender establishments. (9) Automobile service stations. (10) Bakeries. 16 • • (11) Bars. (12) Breweries, distilleries, and alcohol manufacturing facilities. (13) Broadcasting stations. (14) Bulk storage of flammable products and bulk storage of explosive products. (15) Car washing. (16) Catering establishments. (17) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (18) Churches, temples and synagogues. (19) Cleaning and dyeing plants. (20) Commercial parking lots and garages. (21) Community buildings, as permitted under section 25 -4 -11. (22) Concrete or asphalt hatching and mixing plants and yards. (23) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (24) Crematoriums, funeral homes, funeral services, and mortuaries. [(24)] (25) Day care centers. [(25)] (26) Dumping, disposal, incineration, or reduction of refuse or waste matter. [(263] (27) Expansion of an existing commercial excavation operation, provided that plan approval is secured from the director. [(27)] (28) Fabricating establishments. [(28)] (29) Fertilizer manufacturing plants. [(293] (30) Financial institutions. [(30)] (31) Food manufacturing and processing facilities. [(31)] (32) Freight movers. [(32)] (33) Greenhouses, plant nurseries. [(33)] (34) Heavy equipment sales, service and rental. [(31)] (35) Home improvement centers. [(35)] (36) Junkyards. [(] (37) Kennels. [(37)] (38) Laboratories, medical and research. [(28)] (39) Laundries. [()] (40) Lava rock or stone cutting or shaping facilities. [(1 0)] (41) Lumberyards and building material yards. 17 [(41)] (42) Machine, welding, sheet metal, and metal plating and treating establishments. [(42)] (43) Manufacturing, processing and packaging establishments, light and general. [(13)] (44) Marine railways, drydocks, and ship or boat yards. [(14)] (45) Motion picture and television production studios. [(45)] (46) Photographic processing. [(463] (47) Public dumps. [(17)] (48) Public uses and structures, as permitted under section 25-4 -11. [(48)] (49) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(19)] (50) Recycling centers. [(303] (51) Reduction, refining, smelting, or alloying of metals, petroleum products or ores. [(51)] (52) Repair establishments, major and minor. [(52)] (53) Restaurants. [(53)] (54) Saw mills. [(543] j) Self storage facilities. [(55)] (56) Slaughterhouses. [(56)] (57) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. [(57)] (58) Storage, curing, or tanning of raw, green, or salted hides or skins. [(58)] (59) Telecommunication antennas, as permitted under section 25 -4 -12. [(3-93] (60) Temporary real estate offices, as permitted under section 25 -4 -8. [(60)J (61) Transportation and tour terminals. [(61)] (62) Truck, freight and draying terminals. [(62)] (63) Utility facilities, public and private, including power plants, offices or yards for equipment, material, vehicle storage, repair or maintenance. [(6.3] (64) Utility substations, as permitted under section 25 -4 -11. [(64)] (65) Veterinary establishments. [(65)] , Warehousing. [(66)] (67) Wholesaling and distribution, including the storage of incidental materials and equipment. ON (68) 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: 18 • • • (1) Commercial excavation. [(2) Crematorium..] [(-3)] (21 Major outdoor amusement and recreation facilities. [(4)] (3) Schools." SECTION 18. Chapter 25, article 5, section 25 -5 -162 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the 0 district, provided that a use permit is issued for each use: (1) Crematoriums[:], funeral homes, funeral services, and mortuaries. (2) Golf courses. (3) Yacht harbors and boating facilities; provided that the use, in its entirety, is compatible with the stated purpose of the 0 district. (4) Wind energy facilities; provided that the property is within the state land use agricultural district. (5) Telecommunication antennas." SECTION 19. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 20. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or application of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 21. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCES COMM.; 332 19 • • BRENDA J. FORD Council Member District 7 - Central Kona Phone: (808) 323 -4277 Fax: (808) 329- 4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74 -5044 Ane KeohokAlole Hwy. Kailua -Kona, Hawaii 96740 DATE: September 6, 2011 TO: Dominic Yagong, Chairperson, and Members of the Hawaii County Council FROM: ( Brenda J. Ford, Council Member %7 C —4 SUBJECT: An Ordinance Amending Chapter 25, Article 1 and Article 5 of the Hawaii County Code 1983 (2005 Edition, As Amended), Relating To Zoning District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries Please see attached bill to amend Chapter 25, Zoning Code. I request that it be placed on the agenda in the appropriate committee for September 20, 2011. BJF/ att. <,;it 90� Serving the Interests of the People of Our Island Hawal`i County Is An Equal Opportunity Provider And Employer Comm. No. 332 - Ref. Toe Ref. Date Mortuaries, Crematoriums, Churches DA - Director Approved P - Permitted Use SP - Special Permit U - Use Permit OPEN AGRICULTURE RESIDENTIAL COMMERCIAL MIXED COMMERCIAL RESORT O RA FA A IA RS RD RM RCX CN CG CV MCX ML MG V Zone Name Open Districts Family Ag E.° 4 g 1 Intensive Agriculture Residential Single Family Residential Double Residential Multiple Residential - Commercial Mix Neighborhood Commercial . _ d E cc cE w of `—° 8 5 Commercial Mix b .3 c _ 1c e 0 c Resort & Hotel Description Open Space St land rurallurban State Agriculture Inside or Outside of State Agriculture Mix of small & large commercial ag; in State Ag or Conserv. SF; low density Residential Duplex Multiplexes, Apartments Small scale service type Compact shopping center Central Shop or downtown Commercial & Lt Industrial .S 2 IA c g limited & less compatible Offensive & somewhat dangerous Accommodates visitors, tourists, & transients Mortuaries U U = urban; SP = rural U= outside Ag; SP =inside Ag U= outside Ag; SP= inside Ag S P U u U U P P P P P P U Crematoriums U U = urban; SP = rural U= outside Ag; SP =inside Ag U= outside Ag; SP =inside Ag SP U U U U -u-- P -ix- P -wax, P -_ P -ur P u- P u Churches, temples and synagogues U = urban; SP = rural U= outside Ag; SP =inside Ag U= outside Ag; SP =inside Ag SP U U U P P P P P P P P DA - Director Approved P - Permitted Use SP - Special Permit U - Use Permit