HomeMy WebLinkAboutCOM 0769.000 2010-2012 Jtt<Y Oi h1...,
V,/4" William T.Takaba
William P.Kenoi „y.\;
Mayor ;�•'4 5,.�t'•: Managing Director
;r c ti et;r;_ Wally Lau
�rE oF'N+�-' Deputy Managing Director
County of Hawai`i
25 Aupuni Street • Hilo,Hawai`i 96720 • (808)96I-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)326-5663
June 22, 2012
N-)
Honorable Dominic Yagong, Chairman =
and Members of the County Council _.
County of Hawai`i Lc-`
25 Aupuni Street "7.
Hilo, HI 96720 1v
0
Dear Chairman Yagong and Members:
Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition,
As Amended) Relating to Bed and Breakfast Establishments
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward and Leeward Planning
Commissions' letters and enclosures regarding the above-referenced request.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
(S;11 2 -m ) -
Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 7C,9
I
Ref.To: Pc
Ref. Date 1U1,1 2 7 21112
4oJ�tV of M�� •,
7TE OF•N►.V•
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
J�td 2 2 2012,
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: Planning Director
Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition,
As Amended)Relating to Bed and Breakfast Establishments
The Windward Planning Commission, at its duly held public hearing on June 7,2012,considered the
Planning Director's request for an amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code
1983 (2005 Edition, as amended)relating to bed and breakfast establishments. The proposed amendment
will specifically amend Sections 25-2-61(a), 25-2-71(c), 25-2-76 (b through e), 25-4-7(a), 25-5-52(d),
25-5-62(d)and 25-5-72(d). This is a housekeeping matter that seeks to provide consistency among
different sections of the Zoning Code relating to bed and breakfast establishments.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also 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
Lpdinitiated-b&bamendWPC
Enclosures
cc: Amy Self, Esq.
Planning Department-Kona
Hawai`i County is an Equal Opportunity Provider and Employer
.„--,„-0.-‘5,1,-5!f.-----liil .
:. ...._.___ "7::: ;
Tp OF-4.4
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
JUN 2 2 71112.?'''
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: Planning Director
Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition,
As Amended)Relating to Bed and Breakfast Establishments
The Leeward Planning Commission, at its duly held public hearing on May 17, 2012, considered the
Planning Director's request for an amendment to Chapter 25 (Zoning Code)of the Hawaii County Code
1983 (2005 Edition, as amended)relating to bed and breakfast establishments. The proposed amendment
will specifically amend Sections 25-2-61(a), 25-2-71(c), 25-2-76(b through e), 25-4-7(a),25-5-52(d),
25-5-62(d)and 25-5-72(d). This is a housekeeping matter that seeks to provide consistency among
different sections of the Zoning Code relating to bed and breakfast establishments.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation,as well as a transcript of the hearing for your information.
S."rely, /
/
Geraldine Giffin, Chairman
Leeward Planning Commission
Lpdinitiated-b&bamendLPC
Enclosures
cc: Amy Self, Esq.
Planning Department-Kona
Hawai`i County is an Equal Opportunity Provider and Employer
Bill 276/Comm. 279
BRPDInit-ZCode-B&BFix.doc jwd.1/26/12
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE 1983 (2005 EDITION)
RELATING TO BED AND BREAKFAST ESTABLISHMENTS
The Planning Director is initiating an amendment to Chapter 25 (Zoning Code)of the
Hawaii County Code 1983 (2005 Edition,as amended)relating to bed and breakfast
• establishments. The proposed amendment will specifically amend Sections 25-2-61(a),25-2-
71(c),25-2-76(b through e),25-4-7(a), 25-5-52(d),25-5-62(d) and 25-5-72(d). This is a
housekeeping matter that seeks to provide consistency among different sections of the Zoning
Code relating to bed and breakfast establishments.
BACKGROUND
On December 26,2000,the Hawai`i County Council adopted Ordinance No. 00 152
which amended Chapter 25 (Zoning Code), of the Hawaii County Code 1983 (1995 Edition),
relating to bed and breakfast establishments. (Planning Department Exhibit 1—
Ordinance No. 00 152)
•
In summary, Ordinance No. 00 152 included, but was not limited to, changes that
allowed bed and breakfast establishments to be located within two (2) dwellings and/or a guest
house on a building site., deleted the Plan Approval requirement for bed and breakfast
establishments, clarified that bed and breakfast establishments in the RA, FA, and A districts
that are within the state land use urban district may be permitted provided a use permit is
obtained for such use, allowed an additional 12-month period for existing bed and breakfast
establishments to submit for the necessary permits, and included some minor grammatical
changes.
This amendment is being initiated to"clean up"sections in the Zoning Code relating to
bed and breakfast establishments mainly regarding the same changes made by Ordinance .
No. 00 152. These changes include the following:
Relating to Plan Approval:
-1-
1. Section 25-2-71.Applicability; plan approval required.
(c) Plan approval shall be required in all applicable districts prior to the construction
or establishment of the following improvements and uses:
(1) [= - .. . . _.. _ - - •- • .1
2. Section 25-2-76.Action on plan approval application.
(b) [ " :• . . . . . . .. . . . . . . . _. .. . . . :. . : . .
25 4 7.]
Reason for changes: The intention of Ordinance No. 00-152 was to delete in its entirety
the plan approval requirements for bed and breakfast establishments. The ordinance removed the
requirement for plan approval for bed and breakfast establishments under Section 25 -2-73,but
overlooked references listed under Section 25-2-71 and Section 25-2-76. This amendment will
remove these references and bring consistency in the Zoning Code.
Relating to Use Permits in RA. FA and A districts:
3. Section 25-2-61.Applicability; use permit required.
(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:
(1) Bed and breakfast establishments in RS, RA. FA. and A districts,
provided that the property is within the state land use urban
district.
4. Section 25-5-52. Permitted uses.
(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:
u Bed and breakfast establishments,as permitted under section 25-4-7.
-2-
5. Section 25-5-62. Permitted uses.
(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:
fjj Bed and breakfast establishments,as permitted under section 25-4-7.
6. Section 25-5-72.Permitted uses.
(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 or a special permit is issued for each use if the building site is
within the State land use agricultural district:
fl Bed and breakfast establishments,as permitted under section 25-4-7.
Reason for changes: Ordinance No. 00 152 amended Section 25-4-7(Bed and breakfast
establishments)to clarify that bed and breakfast establishments in the RA, FA, and A districts
located within the state land use urban district may be permitted provided a use permit is
obtained for such use. These added amendments will bring consistency to the Use Permit
section and the Permitted Uses section in the RA, FA, and A districts regarding the original
intention of Ordinance 00 152.
Relating to the CDH District:
7. Section 25-4-7.Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be permitted in the RD,RM,RCX,V, CN,
CG,[sue-]CV and CDH districts. A bed and breakfast establishment may be
permitted in the RS districts and RA,FA,A districts,within the State land use
urban district,provided that a use permit is obtained for each such use. A special
permit shall also be required for any bed and breakfast establishment located in
either the State land use rural or agricultural districts.
-3-
i
Reason for change: A bed and breakfast establishment is listed as a permitted use listed
within the CDH zoned district,but it is not listed under Section 25-4-7 as a district that
allows a bed and breakfast establishment as a permitted use. This amendment will bring
consistency between these two sections.
Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 edition)is proposed
to be amended as attached Planning Department Exhibit 2. (Material to be deleted is bracketed
and struck through;material to be added is underscored)
RECOMMENDATION
For the reasons cited above,the Planning Director recommends that the Planning
Commission send a favorable recommendation to the County Council for the amendment to
Chapter:25 (Zoning)of the Hawai`i County Code 1983 (2005 edition)relating to bed and
breakfast establishments. The accompanying draft bill is provided for your favorable
consideration.
I '
I
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a y+
COUNTY OF HAW 1N " •i TATE OF HAWAII
BILL NO. 240
(Lire 4)
ORDINANCE NO. 00 152
AN ORDINANCE AMENDING CHAPTER 25(ZONING CODE),OF THE HAWAII
COUNTY CODE 1983(1995 EDITION),RELATING TO BED AND BREAKFAST
ESTABLISHMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII-
SECTION 1. Section 25-1-5(b)13,Article 1,Chapter 25(Zoning Code)of the Hawaii
County Code,is amended as follows
"Section 25-1-5 Definitions
(b) The following words and phrases,unless the context otherwise requires,are
defined as follows
(13) "Bed and breakfast establishment"means [a]any single-family [dwelling,]
&dim[mcluding a single]and/or guest[house,)houses(pursuant to section 25-4-9).which
have been permitted on a building sites in which overnight accommodations and only breakfast
meals are provided to a maximum of ten guests,for compensation,for periods of less than thirty
days"
SECTION 2. Section 25-2-73,Article 2,Division 7,Chapter 25 (Zoning Code)of the
1
Hawaii County Code,is repealed as follows
9Section 25-2-73 Plan approval application requirements for bed and breakfast
establishments In addition to the application requirements for plan approval contained in
section 25-2-72,an application for plan approval for a bed and breakfast establishment shall
contain the followmg information
(1) The designation of each proposed bed and breakfast guest bedroom on the
site plan,
(2) A copy of the operator's current transient accommodations tax license and
general excise tax license,
Planning Dept.
Exhibit 1
(3) Documentation to verify that the bed and breakfast establishment complies
with all applicable requirements of the state department of health,and
(4) Documentation to verify that the bed and breakfast establishment complies
with all of the accessibility requirements under the Americans with Disabilities Act(ADA)."]
SECTION 3 Section 25-4-7,Article 4,Division 1, Chapter 25(Zoning Code)of the
Hawaii County Code,is amended as follows:
"Section 25-4-7 Bed and breakfast establishments
(a) Bed and breakfast establishments shall be permitted in the RD,RM,RCX, [RA,
FA,A,]V,CN,CG and CV districts[,provided that plan approval for any bed and breakfast
establishment is secured from the director prior to the establishment of such use] A bed and
breakfas 1 establishment may be permitted in the RS districts and RA.,,FA.A districts.w
=dint=urban distract,provided that a use permit is obtained for each such use[and that
plan appro I val for each such use has been secured from the director] A special permit shall also
be required for any bed and breakfast establishment located in either the state land use rural or
agncultui al districts
(b) A bed and[bed]breakfast establishment shall be subject to the following
[restrictions and]standards
(1) The bed and breakfast establishment shall be[accessory and]subordinate
ant cleaelximediggnienlyzeidenig to the principal use as a residence by its [owners or lessee]
operator[.] and ngt alter or be detrimental lathe character of the surrounding area
(2) The[owner-operator or lessee-operator]operator of the bed and breakfast
establishment shall reside on the same building site as that being used for the bed and breakfast
establishment [For purposes of this section,a lessee-operator means a lessee holding a lease of
five year or more, for the residence and land on which the bed and breakfast establishment is
located j
(3) The bed and breakfast establishment may be located on builder site,
within[a]gray single-farndy [dwelling]dwe ling[unit and a],,and/or guest[home,]hung
(pursuant to section 25-4-9)[,on a building site]
-2-
(4) The bed and breakfast establishment shall contain no more than five guest
bedrooms for rent to guests
[(5) In the RS and RD districts,the minimum lot size for a bed and breakfast
establishment with three to five guest bedrooms shall be fifteen thousand square feet,and any lot
less than fifteen thousand square feet shall not have more than two guest bedroom i In the RA,
FA and A districts,the mimmum lot size for a bed and breakfast establishment with three to five
guest bedrooms shall be the minimum lot size specified for the applicable zoning distract]
[(6)] The maximum number of guests permitted within a bed and breakfast
establishment at any one time shall be ten
[(7)]al Only breakfast meals may be offered to guests. The serving of breakfast
meals on the building site,for a fee to individuals other than registered guests shall be
prohibited. A bed and breakfast establishment shall not operate as a food service establishment
(i.e.a restaurant),unless[a food service establishment(Le.a restaurant)]such uses[listed as]a
permitted use within the zoning district[]and the reaui'red permits have been acmueed.
[(8)](2) One paved(with materials such as()ricks,concrete,asphalt concrete
surface or chip-seal,pavers,stones)off-street parking stall shall be provided for each guest
bedroom] in addition to the required stalls)for the dwelling unit[,provided],a that in the
RS,RA,FA and A districts paved parking stalls shall not be required as long as tb i material used
for the parking stalls will eliminate erosion,mud and standing water within the parking stall area.
[(9)]0.1 Exterior signage which advertises the dwelling as a bed and breakfast
establishment shall comply with the requirements for residential signage as set forth in chapter 3
(advertising and signs)of[this code]the Hawaii County Code
[(c) No bed and breakfast establishment shall be permitted on any building site on
which an ohana dwelling,approved by the director,is situated]
[(d)]Lel Any bed and breakfast establishment which has not received[plan approval]gm
reamed nermits shall be considered illegal under this chapter(.]
&H ail Any bed and breakfast establishment existing as of the effective date[of adoption]
of this sej(ion[,which conforms)and copfgrmmg to the standards contained in section 25-4-
7(b)[,and] which has not received [plan approval,and,as applicable,has not been issued either a
special permit or a use permit,]the permits required under Section 25-4-7(a) may continue jas a
1
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non-conforming]zieb use[until September 30, 1997 at which time any such]for twelve months
following the effective date of this section After this date,continued use withouti[receipt of
plan approval and, as applicable,a use permit or a special permit,]having submitted the
necessary permit applications shall be considered illegal under this chapter [Prior to June 30,
1997,ari iY person son ma Y apply for plan approval and for a use permit or a special P er mit for any
bed and breakfast establishment existing as of the date of adoption of this section conforming to
the standards of section 25-4-7(b)and not otherwise permitted,and upon issuanceof the required
permits and approvals,the use shall be considered a permitted use]
[(f)]ILO The conditions contained in any use permit issued for a bed and breakfast
establisluni ent prior to the adoption of this section shall continue to apply to the bed and breakfast
establislinent,notwithstanding provisions to the contrary contained in this section"
SECTION 4. Material to be repealed is bracketed. New material is underscored In
printing thus ordinance,the brackets,bracketed material and underscoring need not be included
SECTION S If any provision of this ordinance,or the application thereof to any person
or circumstance,is held invalid,such invalidity shall not affect the other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application,and to this end,the provisions of this ordinance are declared to be severable
SECTION 6 This ordinance shall take effect upon its approval
IN 'ODUCED BY!
CO ► MEMBER,C s TY OF HAWAII
Hnto, Hawaii
Date of 1 itroduction November 29, 2000
Date of list Reading November 29, 2000
Date of 2nd Reading December 20, 2000
EffectweiDate December 26, 2000
I i
1 -4-
I
I
OFFICE OF THE COUNTY CLERK
County of Hawaii ✓�'
Hilo ,Hawau ��.•; �_� 26
(Draft 23
(Draft 4)
ROLL CALL von
r idYES NOES .. ABS 1 EX
Introduced By: Bobby Jean Le I.thead-Todd Aralcalu x
Date Liroduced I November 29, 2000 Ctutng X a
Fula Reading November 29, 2000 Earmuff X
Published I N/A Jacobson X - 1 -
Letthead-Todd x
REMARKS Ptstochw X I
Smith X i
Tyler X
Yang X ;
9 10 0 0
1 _
SecondReadmg December 20, 2000 ROLL CALL VOTE g
To Mayor 1 December 21, 2000 AYES NOES ABS EX
Returned I December 26, 2000 AraEala X i
Effective I December 26, 2000 Chung x
Published I January 8 , 2001 Elanonoff X '
Jacobson X
REMARLS Leithead-Todd K r
Ptsrcchto X
Smith X
Tyler X
Ya®ong X
8 1 0 1 0
I DO HEREBII CER77FY that the foregoing BILL was adopted by the County Council published as
indicated abo
APPROVED AS TO
FORM AND LEGALITY:
1 fiAl% "°,'
DE i TION COUNSEL i
COUNTY OF HAWAII * CIL CHAIRMAN'
1
Date/2-?,�-0 -Tor p..., CLERK 1
1
pprave s�ovedthis day
1t.C.1mVr x? , 20 00 r----il(;i/--.N....i,e of i
1c sin No 2401 (Draft 4)
MAYOR. COUNT TYOFHAWAII Reference C-734.007/ PC-119
I Ord No 00 152
1
w '• . EXHIBIT"2"(Revised)_
COUNTY OF HAWAII Ili ; / • Si Re: Planning Director Initiated
!Amendment to Zoning Code
Regarding B&B establishments,
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 2,ARTICLE 4 AND
ARTICLE 5,OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS
AMENDED),RELATING TO BED AND BREAKFAST ESTABLISHMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose.The purpose of this ordinance is to resolve several
inconsistencies within the Zoning Code regarding bed and breakfast establishments. This
ordinance amends Chapter 25,Article 2 and Article 5 to clarify the zoning districts that require a
use permit to allow a bed and breakfast establishment. Additionally,this ordinance amends
Article 2 to delete references requiring plan approval for bed and breakfast establishments.
Ordinance 00-152 had previously been approved to remove the requirement for plan approvals
for bed and breakfast establishments under section 25-4-7. Lastly,Section 25-4-7 is corrected as
a housekeeping item.
SECTION 2. Chapter 25,article 2,division 6,section 25-2-61 of the Hawaii County
Code 1983 (2005 Edition,as amended),is amended by amending subsection(a)to read 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:
(1) Bed and breakfast establishments in RS, RA. FA. and A districts[:],
provided that the trope*is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM,
RCX,RA,FA,A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for
churches, temples, synagogues and other such institutions, in RS, RD,
RM, RA, FA and A districts; provided that a minimum building site area
of ten thousand square feet is required within the RS, RD, RM, and RA
districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS,RD,RM,and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges,
golf maintenance buildings, and golf club houses in the RS, RD, RM,
RCX,RA,FA,A,V,CG,CV, and 0 districts.
Planning opt.
Exhibit
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of"group living facility" in the RS, RD,
RM,RCX, RA,FA,A,CN, CG,CV,and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and
other similar uses devoted to the care or treatment of the aged, the sick, or
the infirm in the RS, RD,RM,RCX, RA,FA,A, and V districts,provided
that a minimum building site area of ten thousand square feet shall be
required within the RS,RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX,
RA,A,CN,CG,CV,MCX,ML,MG and 0 districts.
(9) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts,
provided that a minimum building site area of ten thousand square feet
shall be required within the RS,RD,RM,and RA districts.
(10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA,
A,IA and 0 districts.
(11) Yacht harbors and boating facilities in the RS,RD,RM,RCX,RA,V,CG,
CV,MCX,ML, MG and 0 districts.
(12) Wind energy facilities in the 0 district; provided that the property is
within the state land use agricultural district.
(13) Other unusual and reasonable uses which are not specifically permitted in
any zoning district with the approval of the director and the concurrence of
the council by resolution."
SECTION 3. Chapter 25, article 2,division 7,section 25-2-71 of the Hawaii County
Code 1983 (2005 Edition,as amended),is amended by amending subsection(c)to read as
follows:
"(c) Plan approval shall be required in all applicable districts prior to the construction or
establishment of the following improvements and uses:
(2)]W Public uses,structures and buildings and community buildings, as permitted under
section 25-4-11.
[(3)J(Telecommunication antennas and towers,as permitted under section 25-4-12.
[(4)J)Temporary real estate offices and model homes,as permitted under
section 25-4-8.
[(-5)](4)Utility substations,as authorized under section 25-4-11."
SECTION 4. Chapter 25,article 2,division 7,section 25-2-76 of the Hawaii County
Code 1983 (2005 Edition,as amended),is amended to read as follows:
2
"Section 25-2-76. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the proposal
which, in the director's opinion, are necessary to carry out and further the purposes of
this chapter and the considerations contained in section 25-2-77.
}y)y
(e)] bL1 The director may only issue plan approval for a telecommunication antenna or tower if
the proposed use meets all of the conditions contained in sections 25-2-77 and 25-4-12,
and if the applicant provides all verification required under section 25-2-74.
[(dd](c)The director may only issue plan approval for a temporary model home or real estate
office if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8.
[(e)1The director shall render a decision to either approve or deny a plan approval application,
other than for an agricultural tourism facility, within thirty days after acceptance of the
application. If the director fails to render a decision within the thirty-day period, the
application shall be considered approved without further certification by the director. For
an agricultural tourism facility, the department shall conduct a site inspection prior to
issuing plan approval, and the director shall render a decision to either approve or deny a
plan approval application within sixty days after acceptance of the application. If the
director fails to render a decision within the sixty-day period, the application shall be
considered approved without further certification by the director."
SECTION 5. Chapter 25,article 4, division 1, section 25-4-7 of the Hawaii County
Code 1983 (2005 Edition,as amended),is amended by amending subsection(a)to read as
follows:
"(a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, V, CN, CG,
[aid] CV and CDH districts. A bed and breakfast establishment may be permitted in the
RS districts and RA, FA, A districts, within the State land use urban district, provided
that a use permit is obtained for each such use. A special permit shall also be required for
any bed and breakfast establishment located in either the State land use rural or
agricultural districts."
SECTION 6. Chapter 25,article 5,division 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:
LU Bed and breakfast establishments, as permitted under section 25-4-7.
[(4-)](2)Crematoriums, funeral homes, funeral services,and mortuaries.
3
[( )}Q,Churches,temples and synagogues.
[(- )]L1Day care centers.
[(4 1 Hospitals,sanitariums,old age,convalescent,nursing and rest homes.
[(3)]f)Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas,and other similar open air recreational uses.
[(W)Schools.
[( )I( Yacht harbors and boating facilities."
SECTION 7. Chapter 25, article 5,division 6,section 25-5-62 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 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:
In Bed and breakfast establishments,as permitted under section 25-4-7.
[f1-)]( )Churches,temples and synagogues.
[(-2)](.3j Crematoriums, funeral homes, funeral services, and mortuaries.
ma)Day care centers.
[(4)1(11 Hospitals,sanitariums,old age,convalescent,nursing and rest homes.
[( jf61 Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
[OM Schools."
•
SECTION 8. Chapter 25,article 5,division 7,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
or a special permit is issued for each use if the building site is within the State land use
agricultural district:
Bed and breakfast establishments,as permitted under section 25-4-7.
[(4-)1 Crematoriums, funeral homes, funeral services, and mortuaries.
[Wf 3)Churches,temples and synagogues.
[(33](4)Day care centers.
[(4)]f 5)Hospitals,sanitariums,old age,convalescent,nursing and rest homes.
[(S)]LO Major outdoor amusement and recreation facilities.
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[(6)10 Schools."
SECTION 9. Material to be repealed is bracketed and stricken.Material to be added is
underscored. In printing this ordinance,the brackets,bracketed and stricken material,and
underscoring need not be included.
SECTION 10. If any provision of this ordinance,or the application thereof to any
person or circumstance,is held invalid,such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application,and to this end the provisions of this ordinance are declared to be severable.
SECTION 11. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER,COUNTY OF HAWAI`I
Hawai`i
Date of Introduction:
Date of l st Reading:
Date of 2°d Reading:
Effective Date:
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Bill 276/Comm. 769
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JUNE 7, 2012
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO
THE ZONING CODE REGARDING BED AND BREAKFAST ESTABLISHMENTS was called
to order at 9:44 a.m. in the Council Chambers, Hawai`i County Building, 25 Aupuni Street, Hilo,
Hawai`i, with Chairman Zendo Kern presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Ronald Gonzales, and Stephen Ono
STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow
(Staff Planner), and Sharon Nomura(Secretary)
ABSENT AND EXCUSED: Wallace Ishibashi and Raylene Moses
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition, as
amended) relating to bed and breakfast establishments. The proposed amendment will specifically
amend Sections 25-2-61(a), 25-2-71(c), 25-2-76(b through e), 25-4-7(a), 25-5-52(d), 25-5-62(d) and
25-5-72(d). This is a housekeeping matter that seeks to provide consistency among different sections
of the Zoning Code relating to bed and breakfast establishments.
KERN: Applicant No. 4, Planning Director initiated amendment to Chapter 25 (Zoning Code) of the
Hawai`i County Code 1983 (2005 Edition, as amended)relating to bed and breakfast establishments.
The proposed amendment will specifically amend Sections 25-2-61(a), 25-2-71(c), 25-2-76(b through
e), 25-4-7(a), 25-5-52(d), 25-5-62(d) and 25-5-72(d). With that, we'll go to Jeff.
DARROW: Thank you, Mr. Chairman.
KERN: You're welcome.
DARROW: This may look familiar to you because it has been before you in the past. And we had to
postpone it because of the fact that the original ordinance, draft ordinance, conflicted as a result of the
crematorium bill that had gone up the Council previously. That particular bill has reached Council;
and I believe it has passed at this time. And so what we've done is created an amended ordinance
which brings it into consistency with the changes that occurred previously with the crematorium bill.
So there are really just some minor changes in the updated ordinance. But we just needed to wait for
that ordinance to pass previously.
And, again, this is just housekeeping overall. You know, during the, in 2000 there was a change to the
bed and breakfast section within the Code. One of the changes was that they felt it was not necessary
for every bed and breakfast to need to go through a plan approval process because basically it was an
accessory use to the dwelling. And so in that process there were some areas within the Code that were
overlooked that should have been changed. And, additionally, in looking through the Code there were
some minor changes that we just wanted to do some housekeeping to bring it in consistency with the
other Code. So that's, it's just a simple housekeeping measure that we're doing. You may see more of
these coming through as we're beginning to try to clean up our Code. I stand ready to answer any
questions, if you might have some.
KERN: Are there any questions for staff? Seeing none -.
DARROW: Thank you.
KERN: Thank you Jeff. And there is nobody signed up from the public to testify on this. So I'm
willing to entertain a motion.
AU: Mr. Chair?
KERN: Commissioner Au.
AU: Thank you. I move to send a favorable recommendation to amend, favorable recommendation to
the County Council to amend Chapter 25, Article 2, Article 4 and Article 5 relating to bed and
breakfast establishments.
KERN: Very good. Is there a second?
GONZALES: Second.
KERN: Any discussion? Seeing none, I'm just going to say thank you for working on, doing the
housekeeping on cleaning up the Code. We do appreciate that.
DARROW: Thank you.
KERN: No other discussion. So, take the vote.
DARROW: Thank you, Mr. Chairman. The motion before us is to send the Planning Director
initiated amendment to Chapter 25 regarding bed and breakfast establishments to the Hawai`i County
Council. With that I'll take the roll. Commissioner Au?
AU: Aye.
DARROW: Commissioner Gonzales?
GONZALES: Aye.
DARROW: Commissioner Ono?
ONO: Aye.
DARROW: And Chairman Kern.
KERN: Aye.
DARROW: Thank you. The motion passes four to zero
The discussion ended at 9:48 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
Windward Planning Commission
Bill 276/Comm. 769
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MAY 17,2012
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25,RELATING TO BED AND BREAKFAST ESTABLISHMENTS was
called to order at 11:25 a.m. in the West Hawaii Civic Center,Community Center,Building G,
74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chair Geraldine Giffin presiding.
COMMISSIONERS PRESENT: Geraldine Giffin,Thomas Hickcox,Wayne Iokepa and
Thomas Whittemore
ABSENT AND EXCUSED: Brandi Beaudet,Lani Bowman and Richard Nelson
ALSO PRESENT: Ivan Torigoe(Deputy Corporation Counsel),BJ Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager),Jeff Darrow(Planner),Maija Cottle(Planner)
and Noriko Sauer(Commission Secretary)
And no one from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning Code)of the Hawaii County Code 1983(2005 Edition,as
amended)relating to bed and breakfast establishments. The proposed amendment will specifically
amend Sections 25-2-61(a),25-2-71(c),25-2-76(b through e),25-4-7(a),25-5-52(d), 25-5-62(d)and
25-5-72(d). This is a housekeeping matter that seeks to provide consistency among different
sections of the Zoning Code relating to bed and breakfast establishments.
GIFFIN: Finally,Commissioners,we are now on Agenda Item 4,taking out of context but here we
are. And I don't know,Jeff,are you doing the presentation for No.4?
DARROW: Yes, ma'am.
GIFFIN: Okay. I should add that there are,that no one from the public signed up to testify for
Agenda Item No.5 (sic).
DARROW: Thank you, Madam Chair.
GIFFIN: You're welcome.
DARROW: This next item on the agenda is basically for housekeeping purposes. Back in 2000
there was an amendment to the Zoning Code relating to bed and breakfast operations,and basically
they,you know,there was some concerns regarding bed and breakfast operations,you know, it
required Plan Approval back then,and they felt that it was, you know,not really needed as part of
the bed and breakfast operations. And then it was through other changes during that time they
allowed two houses,the bed and breakfast to be operated in two houses on the property or within a
guest house. Well,in reviewing the Zoning Code,during that time there could have been some
other amendments that might have been done. So what we are doing is just cleaning those up so
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that everything is consistent with Ordinance 00 152. And basically, there are seven items,which
are listed within the background report. Two of the items are within the Plan Approval section,
which still refers to bed and breakfasts under that section;so sometimes we get calls,you know,
from the public stating"oh,do I need Plan Approval for a bed and breakfast,""no,you don't need
that,""oh,well,it's listed under the Plan Approval section"—got to clean that up. And we have
some others that relate to,it'll refer to having a Use Permit or a Special Permit in one section of the
Code but not in the other section,and so we are just cleaning that up. And then lastly,we have,in
the CDH District,it does permit bed and breakfast as a permitted use,yet under Chapter 25-4-7
where it lists the zoning districts that allow for B&B's,it doesn't identify CDH District; so again,
it's just merely for cleanup.
And with that,I also need to clean up my report. First page under"Background,"second paragraph,
Line 3, it says,"house on a building site"and it has a period and a comma; and if I can just take out
the period and we'll clean that up,and we should be okay. You will notice that the Planning
Director has recently submitted to the Planning Commission revised Exhibit No. 2,which is the
ordinance for the new bill. And the reason for that is because our original bill ended up having
conflicts with the crematorium bill that went up just prior to that; so if we had sent that up,it would
have conflicted with the new crematorium bill. So we held off on that. And now it looks like
everything is in order, and so we are ready to send it up.
GIFFIN: Commissioners,any questions of Jeff? I would like to direct your attention to Page 4 of
the background report where the last paragraph is "Recommendation."
DARROW: Okay-.
GIFFIN: Correct?
DARROW: I'm sorry?
GIFFIN: Commissioners,Page 4 of the background is the recommendation. Just so that we are all
on the same page,and when a motion is made by Mr. lokepa-. Okay,so we are all there? All
right. Hearing that,may I please hear a motion? Page 4 in the background and recommendation—
it's white,it's not goldenrod,and it's the last paragraph on Page 4—before the old ordinance. I can
read it. Do you want me to read it,so then the motion can just be"I so move?" Okay,"For the
reasons cited above,the Planning Director recommends that the Planning Commission send a
favorable recommendation to the County Council for the amendment to Chapter 25(Zoning)of the
Hawaii County Code 1983 (2005 edition)relating to bed and breakfast establishments. The
accompanying draft bill is provided for your favorable consideration." And we would be referring
to the new one,right?
DARROW: Correct.
GIFFIN: Okay. So that's Exhibit 2. If one of you would just say, "so move."
WHrri EMORE: So move.
GIFFIN: Okay,may I hear a second?
IOKEPA: Second.
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GIFFIN: It's been moved by Commissioner Whittemore and seconded by Commissioner Iokepa
that we send a favorable recommendation to the County Council for the amendment to Chapter 25
relating to bed and breakfast establishments along with Exhibit 2, which is the new copy of the
ordinance. Any discussion? Hearing none,Jeff?
DARROW: Thank you,Madam Chair. With that, we'll take the roll call. Commissioner
Whittemore?
WHITTEMORE: Aye.
DARROW: Commissioner Iokepa?
IOKEPA: Aye.
DARROW: Commissioner Hickcox?
HICKCOX: Aye.
DARROW: And Madam Chair?
GIFFIN: Aye.
DARROW: The motion passes,four to zero.
GIFFIN: Great.
DARROW: Thank you.
GIFFIN: You're welcome.
The discussion ended at 11:32 a.m.
Respectfully submitted,
Nori o Sauer, Secretary
Leeward Planning Commission
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