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HomeMy WebLinkAboutCOM 0817.000 2012-2014 J�ZY Oi h• �g• � +,, Walter K.M.Lau Managing Director William P.Kenoi :+ Mayor Randall M.Kurohara ?'�'.,��+".�•�'•�`� Deputy Managing Director ,Tl Gi•H�,•N County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA. 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 Fax(808)323-4440 April 4, 2014 n .a. c o J Yoshimoto, Council Chair Z and Members of the County Council County of Hawaii , � C-) 25 Aupuni Street :=rr- Hilo, HI 96720 CD Dear Chairman Yoshimoto and Members: ✓Planning Director Initiated Amendment to Chapter 25, Article 4,Division 5 and Article 7, Division 2 of the Hawaii County Code 1983 (2005 Edition,as Amended)Relating to Increased Residential Density, Including Parking Requirements,Within CDH, Downtown Hilo Commercial District Planning Director Initiated Amendments to Chapter 25, Articles 2 and 5 of the Hawal`i County Code 1983 (2005 Edition,As Amended)Relating to Golf Courses and Related Golf Course Uses Planning Director Initiated Amendment to Chapter 16"Amendment Procedures" Section 16.1 "Comprehensive Review"Part 1 of the County of Hawaii General Plan(2005 Edition, As Amended) As required by Chapter 7, Sec. 6-7.5 (a), Hawaii 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 requests. Sin William P. Kenoi Mayor Enclosures cc: Planning Department Comm. No. -7 Ref.To:___(fL County of Hawai'i is an Equal Opportunity Provider and Employer. Ref. Dote AP_R_1 0 2014 �MtY Os p� A• •A err es•N�•� County of Hawaii WINDWARD PLANNING COMMISSION pj �� Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai'i 96720 1T Phone(808)961-8288 Fax(808)961-8742 � A CD sa CC 2 --t C J Yoshimoto, Council Chair and Members of the County Council "" County of Hawaii =r- 25 Aupuni Street ):>rn Hilo,HI 96720 y��c Vw' Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25,Article 4, Division 5 and Article 7,Division 2 of the Hawaii County Code 1983 (2005 Edition, as Amended)Relating to Increased Residential Density,Including Parking Requirements,Within CDH, Downtown Hilo Commercial District The Windward Planning Commission, at its duly held public hearing on January 9, 2014, 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 increased residential density, including parking requirements, within CDH,Downtown Hilo Commercial District. The purpose of this ordinance is to rectify an unintended revision to Section 25-4-51 of the Hawaii County Code where the enactment of Ordinance No. 13-95 inadvertently repealed amendments to Section 25-4-51 contained in Ordinance No. 12-91 regarding funeral homes, funeral services,mortuaries and crematoriums. This draft bill restores the provisions of Ordinance No. 12-91. 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 for your information. Sincerely, 2, 6r,",X,-\, Ronald Gonzales,Vice Chairman Windward Planning Commission cc: Planning Department—Kona Enclosures Lpdintiatedamendchap25parkingrgmtsCHD Hawai'i County is an Equal Opportunity Provider and Employer �tV,OF 1" •�•�"f Oi N►�'\ County of Hawaii �2,1 t� LEEWARD PLANNING COMMISSION APR U 4 Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 �_ n a CO =C= J Yoshimoto,Council Chair tcc and Members of the County Council County of Hawaii s� 25 Aupuni Street Hilo,HI 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25,Article 4, Division 5 and Article 7, Division 2 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Increased Residential Density, Including Parking Requirements,Within CDH, Downtown Hilo Commercial District The Leeward Planning Commission, at its duly held public hearing on March 20,2014, 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 increased residential density, including parking requirements, within CDH,Downtown Hilo Commercial District. The purpose of this ordinance is to rectify an unintended revision to Section 25-4-51 of the Hawaii County Code where the enactment of Ordinance No. 13-95 inadvertently repealed amendments to Section 25-4-51 contained in Ordinance No. 12-91 regarding funeral homes, funeral services, mortuaries and crematoriums. This draft bill restores the provisions of Ordinance No. 12-91. 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 for your information. cerely, Geraldine Giffin, Chairm n Leeward Planning Commission cc: Planning Department—Kona Enclosures Lpdintiatedamendehap25 parkingrgmtsCHD-LPC Hawai`i County is an Equal Opportunity Provider and Employer BRPDInitiatedDowntownHi loBillCorrect.doc-1/07/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR- PLANNING DIRECTOR AMENDING CHAPTER 25 (ZONING CODE), ARTICLE 4,DIVISION 5, SECTION 25-4-51 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO REQUIRED NUMBER OF PARKING SPACES The Planning Director has initiated an amendment to Chapter 25 (Zoning Code), Article 4, Division 5, Section 25-4-51 of the Hawaii County Code 1983 (2005 Edition, as amended),relating to the required number of parking spaces. The purpose of this bill is to rectify an unintended revision to Section 25-4-51 of the Hawaii County Code where the enactment of Ordinance No. 13-95 (CDH density and parking bill)inadvertently repealed amendments to Section 25-4-51 contained in Ordinance No. 12-91 regarding funeral homes, funeral services, mortuaries and crematoriums. This draft bill restores the provisions of Ordinance No. 12-91. BACKGROUND 1. June 27, 2012—Effective date of Ordinance No. 12-91 (Exhibit A), that amends Articles 1 and 5 of the Zoning Code relating to Zoning District regulations for crematoriums, funeral homes, funeral services and mortuaries to provide for equality in application of code and permitting requirements for all of these uses. 2. September 27, 2013 —Effective date of Ordinance No. 13-95 (Exhibit B),that amends Article 7, Division 2 (Special District Regulations for the Downtown Hilo Commercial zoning district)of the Zoning Code by: a. allowing for a increase in the maximum residential density permitted within the CDH zoning district from its current 1,000 square feet of land area per unit to a proposed 500 square feet of land area per unit, potentially doubling the residential density in Downtown Hilo Commercial zoning district. b. providing a parking requirement in the CDH zoning district of one (1) parking stall per residential unit for those double or multiple family residential projects that achieve a maximum density of 500 square feet of land area per unit. Currently, there is no parking requirement for any use within CDH zoning district bordered bounded by Kino`ole and Ponahawai Streets and the Wailuku River. -1- RE: Bill 237/Comm. 817 0 PURPOSE OF REQUESTED AMENDMENT 3. Ordinance No. 13-95 (hereinafter referred to as the"CDH amendment ordinance") inadvertently repealed the earlier amendments to Section 25-4-51 provided in Ordinance No. 12-91 (hereinafter referred to as the"funeral services amendment ordinance"). 4. Specifically, the funeral services amendment ordinance modified Section 25-4-51(8) of the Zoning Code as follows (added material underscored): (8) Funeral homes, funeral services, mortuaries and crematoriums: one for each seventy-five square feet of gross floor area. 5. And the CDH amendment ordinance inadvertently removed these amendments: (8) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor area. 6. The purpose of this current bill (Exhibit C) is to restore the language as provided in funeral services amendment ordinance. RECOMMENDATION For the reasons detailed above, the Planning Director recommends that the Planning Commissions issue a favorable recommendation to the County Council regarding this proposed Planning Director-initiated bill to amend Chapter 25 (Zoning Code),Article 4,Division 5, Section 25-4-51 of the Hawaii County Code 1983 (2005 Edition, as amended),relating to required number of parking stalls. -2- of COUNTY OF HAWAII STATE OF HAWAII J.; BILL NO. 232 (DRAFT 2) ORDINANCE NO. t2 91 AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 2 AND ARTICLE 4 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. The purpose of this bill is to provide further support for the recent Bill 90, which provided amendments to crematoriums, funeral homes, funeral services and mortuaries. This ordinance amends Chapter 25, Article 2 to clarify the zoning districts that need a Use Permit for crematoriums, funeral homes, funeral services and mortuaries, and amends Article 4 with regards to the required parking for crematoriums, funeral homes, funeral services and mortuaries. SECTION 2. Chapter 25, article 2, 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 districts. (2) Crematoriums funeral homes funeral services and mortuaries in RS RD RM RCX RA, FA, A and V [in all (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 O districts, (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. EXHIBIT - A C" (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 O districts. (9) [Me,.t,,af es in RS, DTl r DNA e RGX>RA, PA .,R A dist6eth l 1 (14)] 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. ["](W)Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA, and O districts. [(4-2)1((l 1 Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. ["](U2 energy facilities in the O district; provided that the property is within the state land use agricultural district. [(-1.4)](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 4,section 25-4-51 of the Hawaii County Code 1983 (2005 Edition, as amended)is amended by amending subsection(a)to read as follows: (a) The number of parking spaces for each use shall be as follows: (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity, but not fewer than three spaces,plus bus parking if buses are allowed. (2) Bed and breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. (3)Bowling alleys: four for each alley. (4) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX,V, RA, FA, A andIA districts: one for each three hundred square feet of gross floor area. (5) Day care centers: one for each ten care recipients of design capacity or one for every two hundred square feet of gross floor area, whichever is greater. (6) Dwellings, multiple-family: one and one quarter for each unit. (7) Dwellings, single-family and double-family or duplex: two for each dwelling unit. (8) Funeral homes, funeral services, [and-]mortuaries and crematoriums: one for each seventy-five square feet of gross floor area. 2 (9)Golf courses: four for every hole. (10) Hospitals: one for each bed. (11)Hotels and lodges: (A)For hotel guest units without a kitchen, one for every three units; (B)For hotel guest units with a kitchen,one and one quarter for each unit. (12)Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor area. (13) Laundromats, cleaners(coin operated): one for every four machines. (14)Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed buildings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. (15)Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. (16)Nursing homes, convalescent homes,rest homes and homes for the elderly: one for every two beds. (17)Parks: as determined by the director. (18) Recreation facilities, outdoor or indoor, other than herein specified: one for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis or similar activities). (19)Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. (20) Schools (elementary and intermediate): one for each twenty students of design capacity,plus one for each four hundred square feet of office floor space. (21) Schools(high, language, vocational,business,technical and trade,college): one for each ten students of design capacity,plus one for each four hundred square feet of office floor space. (22)Sports arenas, auditoriums,theaters,assembly halls: one for every four seats. (23)Swimming pools(community). one for each forty square feet of pool area. (24)Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area. SECTION 4. 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. 3 SECTION 5. 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 b. This ordinance shall take effect upon its approval. INTRODUCED BY: ,llktl- COUNCIL MEMBE , C VT OF HAW I`I Hilo , Hawai`i Date of Introduction: May 15, 2012 Date of IS`Reading: May 15, 2012 Date of 2nd Reading: June 6, 2012 Effective Date: June 27, 2012 REFERENCE: Comm. 672.2 4 OFFICE OF THE COUNTY CLERK Gt County of Hawaii Hilo, Hawai'i rte .� ?y g: 5$ Introduced By: Pete Hoffmann ROLL CALL VOTE Date Introduced: May 15, 2012 AYES NOES ABS EX First Reading- May 15, 2012 Bias X Published' May 26, 2012 T Ford x Hoffmann X REA14RILS. _ Ikeda x On i sh i x Pi lago x Smart x —_ — Yagong X Yoshimoto X Second Reading June 8, 2012 g 0 1 0 To Ma}or- June 19, 2012 - Rennrned: June 27, 2012 - -- ROLL CALL VOTE Lffective, — _ June 7, 2012 AYES NOES ABS EX Published July 92012 Bias _ x Ford x REAJ"-IRKS Note: The June 60 2012 Hoffmann x _ Council meeting was — - recessed, and then Ikeda x reconvened on June 8, 2012 Onishi x _ - Pilago x Smart x Yagong x Yoshimoto x 7 0 2 0 I DO HEREBYCERIIF}'that the foregoing BILL was adopted bV the C Intl,Council published as indicated above. APPROVED AS - FOR L! COUNCIL C'HAIRPER NV IDT-P GIR POR COUNSEL y COUNTY OF I'I (� Date JUN 2 � 2012 C(1U�'TY"C'LERk" No Bill 232 (Draft 2) ' nth Reference: C-672 .2/PC-50 tpprur' iscipprorecithis � ciuti uJ 0 Ord No tf,i S"OR, C'OC;',,N`TY OF H,4 PTAI'I COUNTY OF HAWAII •' STATE OF HAWAII BILL NO. 102 ORDINANCE NO. 13 95 AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 4, DIVISION 5 AND ARTICLE 7,DIVISION 2 OF THE HAWAII COUNTY CODE 1983(2005 EDITION,AS AMENDED),RELATING TO INCREASE RESIDENTIAL DENSITY,INCLUDING PARKING REQUIREMENTS,WITHIN CDH,DOWNTOWN HILO COMMERCIAL DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25,Article 4, Division 5, Section 25-4-51 of the Hawaii County Code 1983 (2005 Edition, as amended)is amended by amending subsection(a)to read as follows: "(a) The number of parking spaces for each use shall be as follows: (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity,but not fewer than three spaces,plus bus parking if buses are allowed. (2) Bed and breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. (3) Bowling alleys: four for each alley. (4) Commercial uses, including retail and office uses in RCX,CN,CG,CV,MCX,V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area. (5) Day care centers: one for each ten care recipients of design capacity or one for every two hundred square feet of gross floor area,whichever is greater. (6) Dwellings,multiple-family:one and one quarter for each unit. In the CDH district, one for each unit on a property maintaining;a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (7) Dwellings,single-family and double-family or duplex: two for each dwelling unit. In the CDH district,one for each unit on aproperty maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (8) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor area. (9) Golf courses: four for every hole. (10) Hospitals: one for each bed, (11) Hotels and lodges, (A) For hotel guest units without a kitchen, one for every three units; (B) For hotel guest units with a kitchen, one and one quarter for each unit. (12) Industrial uses in ML, MG, MCX, RA, FA,A and IA districts: one for each four hundred square feet of gross floor area. EXHIBIT (7) (13) Laundromats,cleaners(coin operated): one for every four machines. (14) Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed buildings,plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. (15) Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. (16) Nursing homes, convalescent homes,rest homes and homes for the elderly: one for every two beds. (17) Parks: as determined by the director. (18) Recreation facilities, outdoor or indoor,other than herein specified: one for each two hundred square feet of gross floor area, plus three per court(racquetball, tennis or similar activities). (19) Rooming and lodging houses,religious, fraternal or social orders having sleeping accommodations: one for each two beds. (20) Schools(elementary and intermediate): one for each twenty students of design capacity,plus one for each four hundred square feet of office floor space. (21) Schools(high, language, vocational,business, technical and trade, college): one for each ten students of design capacity,plus one for each four hundred square feet of office floor space. (22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. (23) Swimming pools(community): one for each forty square feet of pool area. (24) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area. SECTION 2. Chapter 25, Article 4, Division 5,Section 25-4-59.2 of the Hawai'i County Code 1983 (2005 Edition, as amended)is amended to read as follows: The off-street parking and loading requirements of this chapter shall not apply to the following: (a) Non-residential uses located within[TMat area in the City of Hilo,bounded by Kinoole Street,Ponahawai Street, and an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. (b) Dwelling units with a maximum density of one thousand square feet of land area per unit or less,within that area in the City of Hilo,bounded by Kinoole Street. Ponahawai Street,an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. ([*)That area immediately fronting either side of that portion of the Hawaii Belt Highway which runs from the real property designated as tax map key no: 7-9-7-66 to the real property designated as tax map key no: 7-9-9:22, in Kainaliu, North Kona. SECTION 3. Chapter 25, Article 7, Division 2, Section 25-7-22 of the Hawai'i County Code 1983 (2005 Edition, as amended) is amended by amending subsection (a) to read as follows: 2 "(a) The following uses shall be permitted in the CDH district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries. (4) Automobile service stations or garages, excluding body and fenderworks, electric tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely enclosed building. (5) Bakeries. (6) Bars, cocktail lounges and night clubs. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities,rooming, or lodging houses. (9) Broadcasting stations or studios(radio and television). (10)Business services. (11)Car washing,provided that the facilities are not detrimental to the character of the district. (12)Commercial parking lots and garages. (13)Community buildings, as permitted under section 25-4-11. (14)Crop production. (15) Display rooms for products sold elsewhere. (16)Dwellings,double-family or duplex, with a maximum density of[efle thetisand] five hundred square feet of land area per rentable unit or dwelling unit. (17)Dwellings, multiple-family,with a maximum density of[ene thetisafld] five hundred square feet of land area per rentable unit or dwelling unit. (18)Dwellings, single-family. (19)Family child care homes. (20)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. (21)Financial institutions. (22)Group living facilities. (23)Home occupations, as permitted under section 25-4-13. (24)Hospitals, sanitariums,old age, convalescent,nursing and rest homes and other similar uses. (25)Hotels and apartment hotels with a maximum density of five hundred square feet of land area per rentable unit. (26)Laundries other than those utilizing steam cleaning equipment,provided that the facilities are not detrimental to the character of the district. (27) Manufacturing, processing and packaging, light, provided that the activities are not detrimental to the character of the district. (28)Medical clinics. (29)Meeting facilities. (30) Model homes, as permitted under section 25-4-8. (3 1)Modeling agencies. (32)Museums and libraries. 3 (33)Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (34)Offices. (35)Personal services. (36)Photography and artist studios. (37)Public uses and structures, as permitted under section 25-4-11. (38)Publishing plants for newspapers,books and magazines,printing shops, cartographing and duplicating processes such as blueprinting or photostating. (39)Repair establishments,minor. (40)Restaurants. (41) Retail establishments,provided that they are not detrimental to the character of the district. (42)Schools, business. (43)Schools,photography, art, music, dance or other similar studios or academies. (44)Schools,vocational. (45)Telecommunication antennas, as permitted under section 25-4-12. (46)Temporary real estate offices, as permitted under section 25-4-8. (47)Theaters, auditoriums and indoor sports arenas. (48)Utility substations, as permitted under section 25-4-11." SECTION 4. Chapter 25,Article 7,Division 2, Section 25-7-27 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding new sections to be appropriately designated and to read as follows; "Section 25-7-27. Other regulations. La)—Plan approval is required for all new structures and additions to existing structures in the CDH district,except for construction of one single-family dwelling and any accessory buildings per lot. (b) The number of parking spaces required for double-family,duplex and multiple-family residential dwellings having a density greater than one thousand square feet of land area per rentable unit or dwelling unit within the CDH zoning district shall be one off-street parking Wace per unit. (c) Off-site parking may be provided to satisfy parking requirements of this section,as V oved by the director. Off-site 12arking means parking provided for residents of double-family duplex or a multiple-family residential development that is neither on a public street nor located on the same property as the residence,but is located within a reasonable distance of the residence,as determined and approved by the director. Off-site parking shall be made available for the exclusive use of the rentable units or dwelling units it is meant to accommodate. SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is underscored. In re-printing this ordinance,the brackets,bracketed and stricken material, and underscoring need not be included. 4 ( r SECTION 6. 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 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 to be severable. SECTION 7. This ordinance shall take effect upon its approval INTRODUCED BY: COUNCIL MEM R,COUNTY OF HAWAII Hilo , Hawaii Date of Introduction: August 21, 2013 Date of 1"Reading: August 21, 2013 Date of 2°d Reading: September 5, 2013 Effective Date: September 27, 2013 REFERENCE Camp 358 5 OFFICE OF THE COUNTY CLERK COl�"TY CLERK County of Hawaii C r t • r., , ., I-hlo, Hawaii 1013 SEP 27 PM 1: 06 Introduced By: Zendo Kern (B/R) ROLL CALL VOTE Date Introduced: August 21, 2013 AYES NOES ABS EX First Reading. August 21, 2013 Eoff X Published: August 31, 2013 I Ford X Ilagan X REAIARKS. Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X Second Reading: September 5, 2013 9 0 0 0 To Mayor September 13, 2013 Returned: September 27, 2013 ROLL CALL VOTE Effective: September 27, 2013 AYES NOES ABS EX Published, October 4, 2013 Eoff x —A- - - - - --- Ford X REMARKS. Ilagan X Kanuha X Kern X Onishi X Poindcxter X Wille X Yoshimoto X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERSON Approved/D approved this t7-1 day of 20 /✓ OUNTY CLERK Bill No.- 102 MAYOR, COUNTY OF HAWAPI Reference• C-358/PC-41 Ord No • 13 95 i �JMSYIos.� Oy COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 4, DIVISION 5, SECTION 25-4-51 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),RELATING TO REQUIRED NUMBER OF PARKING SPACES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this ordinance is to rectify an unintended revision to Section 25-4-51 of the Hawaii County Code. The enactment of Ordinance No. 13-95 inadvertently repealed amendments to Section 25-4-51 contained in Ordinance No. 12-91. This ordinance restores the provisions of Ordinance No. 12-91. SECTION 2. Chapter 25, article 4, division 5, section 25-4-51 of the Hawai❑i County Code 1983 (2005 Edition, as amended) is amended by amending subsection (a) to read as follows: "(a) The number of parking spaces for each use shall be as follows: (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity, but not fewer than three spaces, plus bus parking if buses are allowed. (2) Bed and breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. (3) Bowling alleys: four for each alley. (4) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX, V, RA, FA,A and IA districts: one for each three hundred square feet of gross floor area. (5) Day care centers: one for each ten care recipients of design capacity or one for every two hundred square feet of gross floor area,whichever is greater. (6) Dwellings, multiple-family: one and one quarter for each unit. In the CDH district, one for each unit on a property maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (7) Dwellings, single-family and double-family or duplex: two for each dwelling unit. In the CDH district, one for each unit on a property maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (8) Funeral homes, [a*d] funeral services, mortuaries[:], and crematoriums: one for each seventy-five square feet of gross floor area. (9) Golf courses: four for every hole. EXHIBIT Co C. C, (10) Hospitals: one for each bed. (11) Hotels and lodges: (A) For hotel guest units without a kitchen, one for every three units; (B) For hotel guest units with a kitchen, one and one quarter for each unit. (12) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor area. (13) Laundromats, cleaners (coin operated): one for every four machines. (14) Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed buildings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. (15) Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. (16) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every two beds. (17) Parks: as determined by the director. (18) Recreation facilities, outdoor or indoor, other than herein specified: one for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis or similar activities). (19) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. (20) Schools (elementary and intermediate): one for each twenty students of design capacity, plus one for each four hundred square feet of office floor space. (21) Schools (high, language, vocational, business, technical and trade, college): one for each ten students of design capacity, plus one for each four hundred square feet of office floor space. (22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. (23) Swimming pools (community): one for each forty square feet of pool area. (24) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area." SECTION 3. Material to be repealed is bracketed and stricken. Material to be added is underscored. In re-printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. Severability. 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. 2 SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I"Reading: Date of 2"d Reading: Effective Date: 3