HomeMy WebLinkAboutCOM 0333.000 2016-2018 -05. OF p,{+,...
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1T�`���%• % Managing Director
Harry Kim ; *t � s%.•' �*
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Barbara J.Kossow
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25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 ON. C?"<
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 C.)
(808)323-4444 • Fax(808)323-4440
June 15, 2017
Valerie Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Council Chair Poindexter and Members:
SUBJECT: Planning Director Initiated
Amendment to Chapter 25, (Zoning), Hawaii County Code 1983 (2016
Edition, as Amended), Articles 1, 2, 4, 5 and 7 Relating to Meeting Facilities
and Community Buildings
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,
HARRY KIM
Mayor
MTransCouncilPDlnitiatedmeetingfacilities
Enclosures
cc: Planning Department
<001 L!q 7 Comm. No. 3 33
Ref. To: Pc-
Ref. Date JUN 2 0 2017
County of Hawai`i is an Equal Opportunity Provider and Employer.
1.
_o�tY OF I� '
q' Gregory Henkel, Chair
Harry Kim . •.` =`"R����,�I�r�: ��`�:
Mayor .:• �.?,;,/7:}; Joseph Clarkson,Vice Chair
-,-.2•,:, Donn Dela Cruz
w;:•; Donald Ikeda
., •'...,1-63F'H�'''_- Myles Miyasato
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
JUN 15 2017
Valerie Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Poindexter and Council Members:
SUBEJCT: Planning Director Initiated
Amendment to Chapter 25, (Zoning), Hawaii County Code 1983
(2016 Edition, as amended), Articles 1, 2, 4, 5 and 7 Relating to Meeting
Facilities and Community Buildings
The Windward Planning Commission, at its duly held public hearing on April 6, 2017, considered
the above-referenced request initiated by the Planning Director for an amendment to Chapter 25,
Articles 1, 2, 4, 5 and 7 of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to
meeting facilities and community buildings. The purpose of the proposed amendments is to
incorporate the definitions of meeting facilities and community buildings into a single, comprehensive
definition by maintaining and expanding upon the definition of meeting facilities. Additionally, the
amendments will identify what zoning districts will require a Special Permit or a Use Permit to allow
for a meeting facility.
The Commission voted to forward a favorable recommendation to the County Council on the request
with revisions.
A subsequent public hearing was held for"housekeeping"purposes on June 1, 2017, so that the
Commission could consider additional minor revisions proposed by the Planning Director. The
Commission, again, voted to forward a favorable recommendation to the County Council on this
matter.
Therefore, a draft bill is attached for your favorable consideration. We have also enclosed a copy of
the Planning Director's Background and Recommendation Reports, the suggested amendments by the
Planning Director and the draft transcripts of the hearings for your information.
Hawai`i County is an Equal Opportunity Provider and Employer
Valerie Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
Page 2
Sincerely,
ql)
Gregory Henkel, Chairman
Windward Planning Commission
Lpdinitiatedtneetingfacilitiesandcominunitybuildingswpc
Enclosures
cc: Planning Department—Kona
•
Harry Kim ° c .,�`9Keith F.Unger,Chair
Mayor ��,t;
� Collin Kaholo,Vice Chair
•
•__~.7.1,111- ' •} Nancy Carr Smith
'•ec_ w::•; Scott Church
rE oF'►+► : Perry Kealoha
Barbara Nobriga
OliverSonny" Shimaoka
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
RIR 1 6 3 • Phone(808)961-8288 • Fax(808)961-8742
Valerie Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Poindexter and Council Members:
SUBEJCT: Planning Director Initiated
Amendment to Chapter 25, (Zoning), Hawaii County Code 1983
(2016 Edition, as amended), Articles 1, 2, 4, 5 and 7 Relating to Meeting
Facilities and Community Buildings
The Leeward Planning Commission, at its duly held public hearing on April 10, 2017, considered the
above-referenced request initiated by the Planning Director for an amendment to Chapter 25, Articles 1, 2,
4, 5 and 7 of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to meeting facilities and
community buildings. The purpose of the proposed amendments is to incorporate the definitions of
meeting facilities and community buildings into a single, comprehensive definition by maintaining and
expanding upon the definition of meeting facilities. Additionally, the amendments will identify what
zoning districts will require a Special Permit or a Use Permit to allow for a meeting facility.
The Commission voted to forward a favorable recommendation to the County Council on the request with
the minor revisions recommended by the Planning Director.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation and a draft transcript of the hearing for your information.
Sincerely,
Keith F. Unger, Chairman
Leeward Planning Commission
Lpdinitiatedmeetingfacilitiesandcommunitybuildingslpc
Enclosures
cc: Planning Department—Kona
Hawai`i County is an Equal Opportunity Provider and Employer
� J
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLES 1, 2, 4, 5 AND 7
RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING
FACILITIES AND COMMUNITY BUILDINGS
ADDITIONAL PROPOSED REVISIONS
Since the background and recommendation, there are added minor revisions that the Windward
Planning Commission and the Planning Department are proposing:
1. Windward Planning Commission (changes in italics):
'Meeting facility"means a [permanent] public or privately-owned facility, which is not
operated primarily for financial gain or governmental functions, that is used for
[nonprofit] recreational, social, civic, cultural,or multi-purpose [use,] functions, and may
include a kitchen but [which] has no overnight accommodations. [, and which] The
facility may be used[fei]y organizations operating on a membership basis for the
promotion of members' mutual interests or [may be primarily intended] for community
purposes. Typical uses may include private clubs, union halls, community and
association centers, [and student centers.] but not educational facilities, such as schools."
2. Planning Department'(changes in italics):
"Meeting facility" means a [permanent public or privately owned] facility[, which is not
- - -- : . - • . : • - - _ - . ,] that is used for [nonprofit] recreational, social
civic, cultural, educational or multi-purpose [use,] functions, and may include a kitchen
but [which] has no overnight accommodations_ [, and which] The facility may be used
[fell by organizations operating on a membership basis for the promotion of members'
mutual interests or [may be primarily intended] for community purposes. Typical uses
may include private clubs, union halls, community and association centers, [and student
centers. but not [cducational facilities, such as ]schools."
"Meeting facility" means a facility that is used for recreational, social, civic, cultural,
educational or multi-purpose functions, and may include a kitchen but has no overnight
accommodations. The facility may be used by organizations operating on a membership
basis for the promotion of members' mutual interests or for community purposes.
Typical uses may include private clubs, union halls, community and association centers,
but not schools."
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLES 1, 2, 4 AND 5
RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING
FACILITIES AND COMMUNITY BUILDINGS
PROPOSED REVISIONS
Since the background and recommendation, there are two (2) minor revisions that the Planning
Department is proposing:
1. Update the code reference from 2005 to 2016.
From: Chapter 25 (Zoning Code), Articles 1, 2, 4, 5 and 7 of the Hawaii County Code
1983 (2005 Edition, as amended).
To: Chapter 25 (Zoning Code), Articles 1, 2, 4, 5 and 7 of the Hawaii County Code
1983 (2016 Edition, as amended).
2. Add the allowance of a kitchen to the definition of meeting facilities:
""Meeting facility" means a [permanent] public or privately-owned facility, which is not
operated primarily for financial gain, that is used for [nonprofit] recreational, social,
civic, cultural,or multi-purpose [use,] functions, and may include a kitchen but [which]
has no overnight accommodations. [, and which] The facility may be used for
organizations operating on a membership basis for the promotion of members' mutual
interests or [may be primarily intended] for community purposes. Typical uses may
include private clubs, union halls, community and association centers, [and student
centers.] but not educational facilities, such as schools."
T -
BRPDlnitiated-MeetingFacilities.doc-08-12-16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLES 1, 2,4 AND 5
RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING
FACILITIES AND COMMUNITY BUILDINGS
The Planning Director has initiated the following amendments to Chapter 25 (Zoning
Code), Articles 1, 2, 4, 5 and 7 of the Hawaii County Code 1983 (2005 Edition, as
amended), relating to meeting facilities and community buildings.
BACKGROUND
The references within the Zoning Code for"meeting facilities" and "community
buildings" are very similar in definition and use. The Planning Director is proposing to
incorporate these two uses and definitions into a single, comprehensive definition by
maintaining and expanding upon the definition of'meeting facilities" and to remove all
references to "community buildings". Over many years, there has been confusion
regarding the meaning and definition of"meeting facilities"versus "community
buildings" and vice versa. One thing has become quite clear,is that both types of
facilities are similar and the definitions could be interchangeable with both uses. Given
the similarities, this bill attempts to simplify things through a single definition.with a
single set of applicable requirements.
PROPOSED AMENDMENTS
This bill is initiated by the Planning Director to amend the Definition(Article 1) section
by amending the definition of"meeting facility" and removing the definition of
"community building", amends Article 2 to change the zoning districts that requires a
Use Permit for"meeting facilities" and to remove the reference of"community
buildings" within the plan approval section, amends Article 4 to remove the reference of
"community buildings"within the public buildings section, amends Article 5 to change
the zoning districts that need a Use Permit for"meeting facilities" and to remove all
references of"community buildings", and amends Article 7 to remove the reference of
community buildings in the CDH district.. The following amendments are proposed:
-1-
r I
Relating to the Definition of Meeting Facility and Community Building:
Section 25-1-5(b) Definitions
["Community building"means a public or privately owned building for civic,
primarily for financial gain.]
'Meeting facility"means a [permanent] public or privately-owned facility,
which is not operated primarily for financial gain, that is used for [nenp ]
recreational,social, civic, cultural, or multi-purpose[use,] functions, and which
has no overnight accommodations. [, and which] The facility may be used for
organizations operating on a membership basis for the promotion of members'
mutual interests or [may be primarily intended] for community purposes. Typical
uses may include private clubs,union halls, community and association centers,
[and student centers.] but not educational facilities, such as schools."
Reason for changes: The definition and use of community buildings and meeting
facilities are very similar. The Planning Director is initiating a change to incorporate
these two definitions and uses into a single comprehensive definition to be identified as
"meeting facilities"that will allow private or public functions,including community halls
and association centers. The facility can be rented out for private functions, as well. A
restriction is being added to prevent the"meeting facility"from being used for
educational purposes such as a school that usually operate on a daily basis and create
adverse traffic and noise impacts to the surrounding community.
Relating to Use Regulations of Meeting Facilities:
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:
-2-
(3) Churches, temples and synagogues,[ -:'-_ :- -- - . - :
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."
(9) Meeting facilities in RS, RD and RM districts, provided that a minimum
building site area of ten thousand square feet shall be required.
Additionally, a use permit shall berequired in the RA, FA and A districts
if the building site is within the State land use urban district.
Reason for changes: The Planning Director is initiating a change to the Zoning Code to
require that a Use Permit for meeting facilities located within RS, RD and RM districts as
long as the building site is at least ten thousand square feet in size, which is similar
minimum lot size as churches. Additionally, a use permit will be required in the RA, FA,
and A districts if the building site is located within the State land use urban district.
Meeting facilities can create adverse impacts, such as traffic and noise,which will affect
the surrounding residential and/or agricultural communities. The Use Permit process will
allow the surrounding community to be informed of the request and offer the opportunity
to participate with considerations to conditions of approval, if applicable, that will
mitigate any significant adverse impacts such as hours of operations, the number of
functions and/or the number of people. Additionally, the Planning Director is removing
the reference relating to meeting facilities associated with churches, temples, and
synagogues due to its redundancy since a church, temple or synagogue already requires a
Use Permit.
Relating to Plan Approval and Community Buildings:
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) Public uses, structures and buildings[ and community buildings,] as
permitted under section 25-4-11."
•
-3-
Reason for change: The Planning Director is removing all references within the Zoning
Code relating to community buildings and incorporating community uses within
"meeting facilities"that will require a Use Permit.
Relating to Public Buildings and Community Buildings:
Section 25-4-11. Power lines,utility substations,public buildings.
"(c) Public uses, structures and buildings [. -: : --.-- . -: • -_ ]are permitted
uses in any district, provided that the director has issued plan approval for such
use."
Reason for change: The main reason for this change is to remove all references within
the Zoning Code relating to community buildings, including this particular reference.
The other reason for removing the reference to community buildings in the public
buildings section is that public uses, structures and buildings should be kept separate
from other non-governmental uses, buildings and structures. In the Zoning Code, a
"public use,public building and public structure"is defined as being owned or managed
by the federal government, the State of Hawai`i or the County to fulfill a governmental
function, activity or service for public benefit and in accordance with public policy.
Excluded are uses which are not purely a function, activity or service of government and
structures leased by government to private entrepreneurs or to nonprofit organizations.
Relating to Meeting Facilities and Community Buildings in the RS, RD and RM
Zoning Districts:
Section 25-5-3. Permitted uses (in the RS district):
(a) The following uses shall be permitted in the RS district:
(3) [ ; -,- . -: ; .' : - , . ---•- . . . - : .
[(9) Meeting facilities.
(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 pursuant to section 25-2-61:
(9) Meeting facilities.
-4-
Section 25-5-22. Permitted uses (in.the RD district):
(a) The following uses shall be permitted in the RD district:
• (4) [Community buildings,as permitted under section 25 4 11.
[(1 I) Meeting facilities.
(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:
(8) Meeting facilities.
Section 25-5-32. Permitted uses (in the RM district):
(a) The following uses shall be permitted in the RM district:
(6) [ - . . ." - - , . :---- - .
[(1 4) Meeting facilities.
(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:
(8) Meeting facilities.
Reason for changes: The changes in the permitted uses section of the.RS, RD and RM
zoning districts reflect the Planning Director's initiated removal of references to
community buildings and changing meeting facilities from being a permitted use to
requiring the issuance of a Use Permit within the County's RS, RD and RM zoning
districts.
Relating to Meeting Facilities and Community Buildings in the RA, FA and A
Zoning Districts:
Section 25-5-52. Permitted uses (in the.RA district):
(c) The following uses may be permitted in the RA district, provided that if a
building site is located within the State land use rural district, the following uses
may be permitted if a special permit is obtained for such use:
(2) [ : -•- . .: : .' .•- , . --- . ..-. - •:
[(-8) Meeting facilities.
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
-5-
district or a special permit is issued for each use if the building site is within the
State land use rural district:
(7) Meeting facilities.
Section 25-5-62. Permitted uses (in the FA district):
(c) The following uses may be permitted in the FA district,provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(3) [Community buildings, as permitted under section 25 4 11.
[(6) Meeting facilities.
(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 Meeting facilities.
Section 25-5-72. Permitted uses (in the A district):
(c) The following uses may be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(4) [Community buildings, as permitted under section 25 4 11.
[(10) Meeting facilities.
(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:
(7) Meeting facilities.
Reason for changes: These changes in the Zoning Code in the permitted uses section of
the RA, FA and A zoning districts will delete meeting facilities within subsection(c) of
each section and place them with subsection(d) of each section. Subsection (c) requires
a Special Permit if located within the State Land Use Rural district for the RA zoning or
if located within the State Land Use Agricultural district for the FA and A zoning.
Meeting facilities will be placed within subsection (d), which will still require a Special
Permit if located within the State Land Use Rural district for the RA.zoning or if located
-6-
within the State Land Use Agricultural district for the FA and A zoning but will also
require a Use Permit if located within the State Land Use Urban district for the RA, FA
and A zoning.
Relating to Meeting Facilities and Community Buildings in the IA zoning district:
Section 25-5-82.Permitted uses (in the IA district):
(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)](4)Hospitals.
(5) Meeting facilities
Reason for changes: The changes in subsection(c) of the permitted uses section of the
IA zoning district reflect the Planning Director's initiated removal of references to
community buildings and replacing it with meeting facilities. A meeting facility will
require a Special Permit.
Relating to Meeting Facilities and/or Meeting Facilities in the V, CN, CG, CV.
MCX,ML,MG, 0 and CDH zoning districts:
Section 25-5-92. Permitted uses (in the V district):
(a) The following uses shall be permitted in the V district:
(11) [
Section 25-5-102. Permitted uses (in the CN district):
(a) The following uses shall be permitted in the CN district:
(8) [Community buildings, as permitted under section 25 4 11.
Section 25-5-112. Permitted uses (in the CG district):
(a) The following uses shall be permitted uses in the CG district:
(18) [ . -.- . -. . : .' . - , . --- : . : -
-7-
Section 25-5-122. Permitted uses (in the CV district):
(a) The following uses shall be permitted in the CV district:
(13) [ = =.• =•-: , . --- . -. . - a .
Section 25-5-132. Permitted uses (in the MCX district):
(a) The following uses shall be permitted in the MCX district:
(16) [ . -.-: . -. . : .' .•- , . : - - . . . - .: - .
Section 25-5-142. Permitted uses (in the ML district):
(a) The following uses shall be permitted in the ML district:
(19) [Community buildings, as permitted under section 25 4 11.
ROA Contractors' yards for equipment,material, and vehicle storage, repair, or
maintenance.
[(21)](20)Crematoriums, funeral homes, funeral services, and mortuaries.
[(22)](21)Day care centers.
[(23)](22)Financial institutions.
[(24)](23)Food manufacturing and processing facilities.
[(25)](24)Greenhouses, plant nurseries.
[(26)](25)Heavy equipment sales, service and rental.
[(27)](26)Home improvement centers.
[(28)](27)Junkyards,provided that the building site is not less than one acre in
area.
[(29)](28)Laboratories, medical and research.
[(39)](29)Laundries.
[(31)](30)Lumberyards and building material yards,but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
[(32)](31)Manufacturing,processing and packaging establishments, light.
(32) Meeting facilities.
Section 25-5-152. Permitted uses (in the MG district):
(a) The following uses shall be permitted in the MG district:
(21) [ -.-; . -, ' :•-: , . :-_.. . - - - ': a .
-8-
Section 25-5-162. Permitted uses (in the 0 district):
(a) The following uses shall be permitted in the 0 district:
(3)
Section 25-7-22. Permitted uses (in the CDH district):
(a) The following uses shall be permitted in the CDH district:
(13) [ -. . -: : .' :'.-_ , . - - . .. . - .
Reason for changes: The changes in permitted uses section of the CN, CG, CV,MCX,
ML, MG, 0 and CDH zoning districts reflect the Planning Director's initiated removal of
references to community buildings. A majority of these zoning districts also have
meeting facilities listed as a permitted use within the same section. There are several
exceptions to this and they are within the ML, MG and 0 zoning districts, where
community buildings were listed as a permitted use but meeting facilities were not listed.
The Planning Director is adding meeting facilities as a permitted use within the ML
zoning district,but will not add meeting facilities as a permitted use within the MG and 0
zoning districts since these two latter zoning districts accommodate uses that are
generally considered to be offensive or have some element of danger(MG zoning
district) or to areas that contribute to the general welfare, the full enjoyment, or the
economic well-being of open land type use which has been established, or is proposed
(Open zoning district) such as a park, valuable scenic vista or an area of special historical
significance.
RECOMMENDATION
The Planning Director recommends that the Leeward and Windward Planning
Commissions send a favorable recommendation to the Hawai`i County Council
regarding this bill relating to meeting facilities and community buildings.
•
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-•QTY Of p '
COUNTY OF HAWAII •� `'' �•i STATE OF HAWAII
TE OF•NP�'-.'.
BILL NO.
ORDINANCE NO.
CP1.Ma ,&' 'f
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2,ARTICLE 4
ARTICLE 5,AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR
MEETING FACILITIES AND COMMUNITY BUILDINGS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to provide further clarification
to the definition and requirements for meeting facilities, and to remove all references to
community buildings.
SECTION 2. Chapter 25, article 1, section 25-1-5, subsection(b) of the Hawai`i County
Code 1983 (2005 Edition, as amended) is amended by repealing the definition for"community
building":
['Community building"means a public or privately owned building for civic, social,
educational, cultural, and recreational activities which is not operated primarily for
financial gain."]
SECTION 3. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County
Code 1983 (2005 Edition, as amended)is amended by amending the definition for"meeting
facility"to read as follows:
'Meeting facility"means a[permanent] public or privately-owned facility, which is not
operated primarily for financial gain, that is used for [nonprofit] recreational, social,
civic, cultural.,or multi-purpose [use,] functions, and which has no overnight
accommodations_ [, and which] The facility may be used for organizations operating on a
membership basis for the promotion of members' mutual interests or [
intended] for community purposes. Typical uses may include private clubs, union halls,
community and association centers, [and student centers.] but not educational facilities,
such as schools."
SECTION 4. Chapter 25, article 2, section 25-2-61 of the Hawai`i 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 property 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, ['- - •-_ -- -- '-_ . ' ' •- . - - ,
--- ; - ..:b. - ] 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.
(h\ (;rniin livinv farilitiec that exceed the criteria in subsection 95-1-5(h). naragranh
(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.
al Meeting facilities in RS, RD and RM districts,provided that a minimum building
site area of ten thousand square feet shall be required. Additionally, a use permit
shall be required in the RA, FA, and A districts if the building site is within the
state land use urban district.
[(9)](10) 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.
[(1-0)](11) Telecommunication antennas and towers in RS, RD, RM,RCX, RA, FA,A,
IA, and 0 districts.
[(11)](12)Yacht harbors and boating facilities in the RS, RD, RM,RCX, RA,V, CG,
CV, MCX, ML, MG and 0 districts.
[(12)](13)Wind energy facilities in the 0 district;provided that the property is within the
state land use agricultural district.
[(13)](14) 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 5. Chapter 25, article 2, section 25-2-71 of the Hawai`i 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:
(1) Public uses, structures and buildings [and community buildings,] as permitted
under section 25-4-11.
2
(2) Telecommunication antennas and towers, as permitted under section 25-4-12.
(3) Temporary real estate offices and model homes, as permitted under section
25-4-8.
(4) Utility substations,as authorized under section 25-4-11."
SECTION 6. Chapter 25, article 4, section 25-4-11 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsection (c) to read as follows:
"(c) Public uses, structures and buildings [and community buildings] are permitted uses in any
district, provided that the director has issued plan approval for such use."
SECTION 7. Chapter 25, article 5, section 25-5-3 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 RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
[(3) Community buildings, as permitted under section 25 4 11.
(4)](3) Crop production.
[(5)]a)Dwellings, single-family.
[(6)](5)Family child care homes.
[(7)](6)Group living facilities.
[(8)](7)Home occupations, as permitted under section 25-4-13.
[(9) eeting facilities.
(--1-0)n Model homes, as permitted under section 25-4-8.
[(11)](9) Neighborhood parks,playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[(12)](10) Public uses and structures, as permitted under section 25-4-11.
[(13)](11) Temporary real estate offices, as permitted under section 25-4-8.
[(14)](12) 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 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) Meeting facilities.
[(9)](10) Schools.
[(-1-9)](11)Telecommunication antennas and towers.
[(11)](12)Yacht harbors and boating facilities."
3
•
SECTION 8. Chapter 25, article 5, section 25-5-22 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 RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
[(4) Community buildings, as permitted under section 25 4 11.
(5)](4) Crop production.
[(6)](5)Dwellings, double-family or duplex.
[(7)](6)Dwellings, single-family.
[(8)](7)Family child care homes.
I4441(Rll;rrnir► li�Tinv farrilitipc
(4-0)(9)Home occupations, as permitted under section 25-4-13.
[(11) Meeting facilities.
(12)](10) Model homes, as permitted under section 25-4-8.
[(13)](11)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(4-4)](12) Public uses and structures, as permitted under section 25-4-11.
[(15)](13) Temporary real estate offices, as permitted under section 25-4-8.
[(4-6)](14) 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 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.
(8) Meeting facilities.
[(8)](9) Schools.
[(9)](10) Telecommunication antennas and towers.
[(4-0)](11)Yacht harbors and boating facilities."
SECTION 9. Chapter 25, article 5, section 25-5-32 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 RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
4
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand two
hundred square feet and a maximum of five employees.
[(6) Community buildings,as permitted under section 25 4 11.
(7)1(6) Crop production.
[( ](7)Dwellings,double-family or duplex.
[(9)](8)Dwellings, multiple-family.
[( )]9 Dwellings,single-family.
[(11)](10) Family child care homes.
[(12)](11) Group living facilities.
[(13)](12) Home occupations, as permitted under section 25-4-13.
[(-1-4) Meeting facilities.
(15)J(13) Model homes, as permitted under section 25-4-8..
[(-1-6)](14)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(17)](15) Public uses and structures, as permitted under section 25-4-11.
[(4-8)](16) Temporary real estate offices, as permitted under section 25-4-8.
[(4-9)](17) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by the
general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
[(20)](18)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 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.
(8) Meeting facilities.
[(8)](9) Schools.
[(9)](10) Telecommunication antennas and towers.
[(4-9)](11)Yacht harbors and boating facilities."
SECTION 10. Chapter 25, article 5, section 25-5-42 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
5
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
[(7) : --.-- . • :.' :'- , . : --- -; under section 25 4 11.
(8)](7) Convenience stores.
[(9)](8)Crop production.
[(10)](9) Day care centers.
[(11)](10)Dwellings, double-family or duplex.
[(12)](11)Dwellings,multiple-family.
[(13)](12) Dwellings, single-family.
[(14)](13) Family child care homes.
111 5\1(1 dl.Grrnm livinv farilitiec •
[(16)](15)Home occupations, as permitted under section 25-4-13.
[(17)](16)Medical clinics.
R-1-8)](17) Meeting facilities.
[(19)](18) Model homes, as permitted under section 25-4-8.
[(20)](19)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(21)](20)Public uses and structures, as permitted under section 25-4-11.
[(22)](21)Restaurants.
[(23)](22) Schools.
[(24)](23) Utility substations, as permitted under section 25-4-11."
SECTION 11. Chapter 25, article 5, section 25-5-52 of the Hawai`i County Code 1983
(2005 Edition, as amended)is amended by amending subsections (c) and(d) to read as follows:
"(c) The following uses may be permitted in the RA district, provided that if a building site is
located within the State land use rural district, the following uses may be permitted if a
special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
[(2) Community buildings, as permitted under section 25 4 11.
(3)](2) Country clubs, tennis clubs and other similar recreational facilities which include
buildings or indoor recreational features.
[(4)](3)Drive-in theaters.
[(5)](4)Guest ranches.
[(6)1(5)Home occupations, as permitted under section 25-4-13.
[(7)](6)Lodges.
[(8-) Meeting facilities.
(9)](7) Model homes, as permitted under section 25-4-8.
[(10)]()Temporary real estate offices, as permitted under section 25-4-8.
[(11)](9) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai`i Revised.Statutes.
6
(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) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes,funeral services,and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent,nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Meeting facilities.
.[(7)](8)Schools.
[(8)](9)Yacht harbors and boating facilities."
SECTION 12. Chapter 25, article 5, section 25-5-62 of the Hawai`i County Code 1983
(2005 Edition, as amended)is amended by amending subsections (c) and (d) to read as follows:
"(c) The following uses may be permitted in the FA district, provided that a special permit is
obtained for such use if the building site is located within the State land use agricultural
district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
[(3) Community buildings, as permitted under section 25-4 11.
(4)](3) Family child care homes.
[(5)](4)Home occupations, as permitted under section 25-4-13.
[(6) Meeting facilities.
(7)](5) Model homes, as permitted under section 25-4-8.
[(8)](6)Public uses and structures, other than those necessary for agricultural practices, as
provided under section 25-4-11.
[(9)](7)Teinporary real estate offices, as permitted under section 25-4-8.
[(I44)](8)Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai`i Revised Statutes.
(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) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Meeting facilities.
[(7)](8) Schools."
7
SECTION 13. Chapter 25, article 5, section 25-5-72 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsections (c) and (d) to read as follows:
"(c) The following uses may be permitted in the A district,provided that a special permit is
obtained for such use if the building site is located within the State land use agricultural
district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
[(4 • • _ , . :---- . . . - - .
(3)](4) Excavation or removal of natural building material or minerals, for commercial
use.
nc6\1(S1Famil\r '.l,ild rnre hnmec
•
[(7)](6)Guest ranches.
[(8)](7)Home occupations, as permitted under section 25-4-13.
[(9)](8)Lodges.
[(10) Meeting facilities.
(11)](9) Model homes, as permitted under section 25-4-8.
[(12)](10) Public dumps.
[(13)](11) Public uses and structures, other than those necessary for agricultural practices,
as provided under section 25-4-11.
[(14)](12) Temporary real estate offices, as permitted under section 25-4-8.
[(15)](13) Trailer parks with density of three thousand five hundred square feet of land
area per trailer,provided that plan approval is secured prior to commencing such
use.
[(1-66)](14) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205,Hawai`i Revised Statutes.
(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:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent,nursing and rest homes.
(6) Major outdoor amusement and recreation facilities.
(7) Meeting facilities.
[(7)](8)Schools."
SECTION 14. 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.
8
(2) Churches, temples, or synagogues.
[(3) Community buildings as permitted under section 25 4 11.
(4)](3) Day care centers.
[(5)1(4)Hospitals.
(5) Meeting facilities
(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 15. Chapter 25, article 5, section 25-5-92 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The following uses shall be permitted in the V district:
(1) Adult day care homes.
(2) Amusement and recreational facilities, indoor.
(3) Art galleries,museums.
(4) Automobile service stations.
(5) Bars, night clubs and cabarets.
(6) Bed and breakfast establishments, as permitted under section 25-4-7.
(7) Business services.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(9) Churches,temples, and synagogues.
(10) Commercial parking lots and garages.
[(11) Community buildings, as permitted under section 25 4 11.
(12)](11) Day care centers.
[(13)](12)Dwellings, double-family or duplex.
[(14)](13) Dwellings,multiple-family.
[(15)](14) Dwellings, single-family.
[(1-6)](15) Family child care homes.
[(17)](16) Financial institutions.
[(1-8)](17) Group living facilities.
[( 9)](18) Home occupations, as permitted under section 25-4-13.
[(29)](19) Hotels.
[(21)](20) Lodges.
[(22)](21) Medical clinics.
[(23)](22) Meeting facilities.
[(24)](23) Major outdoor amusement and recreation facilities.
[(25)](24) Model homes, as permitted under section 25-4-8.
[(26)](25) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
[(27)](26) Personal services.
[(28)](27) Photography studios.
[(29)](28) Public uses and structures, as permitted under section 25-4-11.
[(39)](29) Restaurants.
[(31)](30) Retail establishments.
9
[(32)](31) Telecommunication antennas, as permitted under section 25-4-12.
[(33)](32) Temporary real estate offices, as permitted under section 25-4-8.
[(3-4)](33) Theaters.
[(35)](34) Time share units.
[(3-6)](35)Utility substations, as permitted under Section 25-4-1 1.
[(37)](36)Visitor information centers."
SECTION 16. Chapter 25, article 5, section 25-5-102 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(2) cervir.P eta.tinnc
(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.
[(g) Community buildings, as permitted under section 25 4 11.
(9)1(8) Convenience stores.
[(�0)](9) Crematoriums, funeral homes, funeral services, and mortuaries.
[(11)](10) Crop production.
[(12)](11) Day care centers.
[(13)](12) 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.
[(14)](13) 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.
[(15)](14) Dwellings, single-family.
[(-x)](15)Family child care homes.
[(17)](16)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.
[(1-8'-}](17) Financial institutions.
[(1-9)](18) Group living facilities.
[ROM(19) Home occupations, as permitted under section 25-4-13.
[(21)](20) Medical clinics.
[(22)](21) Meeting facilities.
[(23)](22) Model homes, as permitted under section 25-4-8.
[(24)](23) Museums.
10
[(25)](24)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(26)](25) Offices.
[(27)](26)Personal services,
[(-283](27)Photography studios.
[(0)](28)Public uses and structures,as permitted under section 25-4-11.
[003](29) Repair establishments, minor.
[(31)](30) Restaurants.
[(32)](31) Retail establishments.
[(33)](32) Schools.
[(34)](33) Telecommunication antennas, as permitted under section 25-4-12.
[(35)](34) Theaters.
(06-)](35)Utility substations as permitted under Section 25-4-11."
SECTION 17. Chapter 25, article 5, section 25-5-112 of the Hawai`i County Code 1983
(2005 Edition, as amended)is amended by amending subsection(a) 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.
(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.
[(l-8-) Community buildings, as permitted under section 25-4 11.
(4-9)](18) Convenience stores.
[(20)](19) Crematoriums, funeral homes, funeral services, and mortuaries.
[(21)](20) Crop production.
[(22)](21) Day care centers.
[(23)](22) Display rooms for products sold elsewhere.
11
[(24)](23) 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.
[(25)](24)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.
[(26)](25)Dwellings, single-family.
[(27)](26) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
[(28)](27) Family child care homes.
[(29)](28) 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
hnmPrrnurn and linmPmardP nrnrhietc fnr mnrp than tarn rlavc a 11reelc the dirprtnr
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
[(30)](29) Financial institutions.
[(31)](30) Group living facilities.
[(32)](31) Home occupations, as permitted under section 25-4-13.
[(33)](32)Hospitals, sanitariums, old age, convalescent,nursing and rest homes and other
similar uses.
[(34)](33) Hotels.
[(3 5)](34) Ice storage and dispensing facilities.
[(3-6)](35) Laboratories, medical and research.
[(37)](36) Laundries.
[(3-8)](37) Light manufacturing,processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
[(39)](3 8)Medical clinics.
[(40)](3 9)Meeting facilities.
[('11)](40)Model homes, as permitted under section 25-4-8.
[(42)](41)Neighborhood parks,playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(43)](42) Offices.
[('14)](43) Personal services.
[(45)](44)Photography studios.
[(46)](45) Public uses and structures, as permitted under section 25-4-11.
[(17)](46) Printing shops, cartographing and duplicating processes such as blueprinting or
photostating shops.
[(48)](47) Repair establishments,minor.
[(49)](48) Restaurants.
[(50)](49) Retail establishments.
[(51)](50) Schools.
[(52)](51) Telecommunication antennas, as permitted under section 25-4-12.
[(53)](52) Theaters.
[(34)](53) Time share units.
[(55)](54)Utility substations, as permitted under section 25-4-11.
12
[(56)](55) Veterinary establishments."
SECTION 18. Chapter 25, article 5, section 25-5-122 of the Hawai`i County Code 1983
(2005 Edition,as amended)is amended by amending subsection (a)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.
(11)](13) Convenience stores.
[(15)](14) Crematoriums, funeral homes, funeral services, and mortuaries.
[(6}](15)Crop production.
[(17)](16) Day care centers.
[(4-8)](17) 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.
[(1-9)](18) 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.
[(20)](19) Dwellings, single-family.
[(21)](20) Family child care homes.
[(22)](21)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.
[(23)](22) Financial institutions.
[(24)](23) Group living facilities.
[(25)](24) Home occupations, as permitted under section 25-4-13.
[RW25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other
similar uses.
[(27)](26) Hotels, when the design and use conform to the character of the area, as
approved by the director.
13
[(28-)](27) Laboratories, medical and research.
[(29)](28) Lodges.
[(3-0-](29) 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.
[(31)](39)Medical clinics.
[(32)](31) Meeting facilities.
[(33)](32) Model homes, as permitted under section 25-4-8.
[04}](33)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(35)](34) Offices.
[(3-6}](35) Personal services.
. . �(�7�1(�til Plintnararhv etnriine
r i _
[(3.8)](37) Public uses and structures, as permitted under section 25-4-11.
[(3-9)](38) 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}](39) Repair establishments, major,when there are not more than five employees, as
approved by the director.
[(-4-1-)](40) Repair establishments, minor.
[(42)](41) Restaurants.
[(43)](42) Retail establishments.
[(44)](43) Schools.
[(45)](44) Telecommunication antennas, as permitted under section 25-4-12.
[(46)](45)Temporary real estate offices, as permitted under section 25-4-8.
[(47)](46)Theaters.
[(48)](47)Utility substations, as permitted under section 25-4-11."
SECTION 19. Chapter 25, article 5, section 25-5-132 of the Hawai`i County Code 1983
(2005 Edition, as amended)is amended by amending subsection (a)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
(14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleaning agent.
(15) Commercial parking lots and garages.
[( -6) -,- . -; . ... . . ;----'. -: ': .
(17)](16) Convenience stores.
[0-8)](17)Crematoriums,funeral homes, funeral services,rnd mortuaries.
[(4-9)](18) Data processing facilities.
[(20)](19) Display rooms for products sold elsewhere.
[(21)](20) Equipment sales and rental yards.
[(22)](21) Farmers markets.
[(23)](22) Financial institutions.
[(24)](23) Food manufacturing and processing.
[(25)](24) Home improvement.centers.
[(26)](25) Ice storage and dispensing facilities.
[(27)](26) Kennels in sound-attenuated buildings.
[(2831127) Laboratories,medical and research.
[(29)](28) Laundries.
[(38)](29) Manufacturing, processing and packaging establishments, light.
[(31)](30) Medical clinics.
[(32)](31) Meeting facilities.
[(33)](32) Model homes.
[(34)](33) Motion picture and television production studios.
[(35)](34) Offices.
[(36)](35)Personal services.
[(37)](36)Photographic processing.
[(38)](37)Photography studios.
[(3-9)1(38)Plant nurseries.
[(40)](39)Public uses and structures, as permitted under section 25-4-11.
[(41)](40) Publishing plants for newspapers, books and magazines,printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(42)](41)Repair establishments, minor.
[(433](42)Restaurants.
[(44-)1(43)Retail establishments.
[(40](44) Sales and service of machinery used in agricultural production.
[(46)](45) Schools,business.
[(17)](46) Schools, photography, art, music and dance.
[(18)](47) Schools, vocational.
[(49)](48) Self-storage facilities.
[(38)](49) Telecommunications antennas, as permitted under section 25-4-12.
[(51)](50) Temporary real estate offices, as permitted under section 25-4-8.
[(52)](51) Theaters.
[(53)](52) Utility substations, as permitted under section 25-4-11.
[(54)](53) Veterinary establishments in sound-attenuated buildings.
[(55)](54) Warehousing.
[(36)](55) Wholesaling and distribution operations."
15
SECTION 20. Chapter 25, article 5, section 25-5-142 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsection(a) 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.
(Al. RalreriPc
•
(10) Bars.
(11) Broadcasting stations.
(12) Car washing.
(13) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(14) Catering establishments.
(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.
. . : ." . -_ , . : ---:ttcd under section 25-4 11.
(20)](19) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(21)](20) Crematoriums, funeral homes, funeral services, and mortuaries.
[(22)](21) Day care centers.
[(23)](22) Financial institutions.
[(24)](23) Food manufacturing and processing facilities.
[(25)](24) Greenhouses, plant nurseries.
[(-26)](25)Heavy equipment sales, service and rental.
[(27)](26) Home improvement centers.
[(Z8)](27) Junkyards, provided that the building site is not less than one acre in area.
[(29)](28) Laboratories, medical and research.
[(3-03](29) Laundries.
[(31)](30) Lumberyards and building material yards,but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
[(32)](31) Manufacturing,processing and packaging establishments, light.
(32) Meeting facilities.
(33) Motion picture and television production studios.
(34) Photographic processing.
(35) Plumbing, electrical, air conditioning and heating establishments.
(36) Public uses and structures, as permitted under section 25-4-11.
16
(37) Publishing plants for newspapers,books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(38) Recycling centers, which do not involve the processing of recyclable materials.
(39) Repair establishments,minor.
(40) Restaurants.
(41) Self storage facilities.
(42) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(43) Telecommunication antennas, as permitted under section 25-4-12.
(44) Temporary real estate offices, as permitted under section 25-4-8.
(45) Transportation and tour terminals.
(46) Truck, freight and draying terminals.
(47) Utility facilities,public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(48) Utility substations, as permitted under section 25-4-11.
(49) Veterinary establishments.
(50) Vocational schools.
(51) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(52) Wholesaling and distribution, including the storage of incidental materials and
equipment, except for highly flammable or explosive products."
SECTION 21. Chapter 25, article 5, section 25-5-152 of the Hawai`i County Code 1983
(2005 Edition, as amended)is amended by amending subsection (a)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.
(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.
17
(20) Commercial parking lots and garages.
[(21) :- . • ..' .•- , . :---- . . . - .
(22)](21) Concrete or asphalt batching and mixing plants and yards.
[(23)](22) Contractors' yards for equipment,material,and vehicle storage,repair, or
maintenance.
[x](23)Crematoriums, funeral homes, funeral services, and mortuaries.
[(25)](24) Day care centers.
[(26)](25) Dumping, disposal,incineration, or reduction of refuse or waste matter.
[(27)](26) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
[(2.8)](27) Fabricating establishments.
[(-29)](28)Fertilizer manufacturing plants.
f(3n\1(701 Finan-ial inetitiitinnc
[(31)](30) Food manufacturing and processing facilities.
[(32)](31) Freight movers.
[(33)](32) Greenhouses, plant nurseries.
[(34)](33) Heavy equipment sales, service and rental.
[(35)](34) Home improvement centers.
[(36)](35) Junkyards.
[(37)](36)Kennels.
[(3-8)](37) Laboratories, medical and research.
[(3-9)](38) Laundries.
[(40)](39) Lava rock or stone cutting or shaping facilities.
[(40](40) Lumberyards and building material yards.
[(42)](41) Machine, welding, sheet metal, and metal plating and treating establishments.
[(4-3)](42) Manufacturing, processing and packaging establishments, light and general.
[(14)](43)Marine railways, drydocks, and ship or boat yards.
[(45)](44)Motion picture and television production studios.
[(4 ](45) Photographic processing.
[(47)1(46) Public dumps.
[(18)](47)Public uses and structures, as permitted under section 25-4-11.
[(49)](48)Publishing plants for newspapers,books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(593](49) Recycling centers.
[(51)](50) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
[(52)](51) Repair establishments, major and minor.
[(53)](52) Restaurants.
[(54)](53) Saw mills.
[(55)](54) Self storage facilities.
[(363](55) Slaughterhouses.
[(57)](56) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(x)](57) Storage, curing, or tanning of raw, green, or salted hides or skins.
[(39)](58) Telecommunication antennas, as permitted under section 25-4-12.
18
[00)](59) Temporary real estate offices, as permitted under section 25-4-8.
[(64--)](60) Transportation and tour terminals.
[02)1(61) Truck, freight and draying terminals.
[033](62) Utility facilities,public and private,including power plants, offices or yards
for equipment, material, vehicle storage,repair or maintenance.
[(64)](63)Utility substations,as permitted under section 25-4-11.
[00](64) Veterinary establishments.
[(66)](65) Warehousing.
[(6 ](66)Wholesaling and distribution, including the storage of incidental materials and
equipment.
[(68)](67) Yacht harbors and boating facilities."
SECTION 22. Chapter 25, article 5, section 25-5-162 of the Hawai`i County Code 1983
(2005 Edition, as amended)is amended by amending subsection(a) to read as follows:
"(a) The following uses shall be permitted in the 0 district:
(1) Aquaculture activities and facilities.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
[(3) Community buildings, as permitted under section 25 4 11.
(4)](3) Existing churches and temples of historical significance.
[(5)](4)Forestry.
[(6)](5)Game preserves.
[(7)](6)Growing of plants provided such growth does not impair a view intended to be
preserved in the 0 district.
[(8)](7) Heiaus, historical areas, structures, and monuments.
[(9)](8)Natural features,phenomena, and vistas as tourist attractions.
[(4-8)](9)Private recreational uses involving no aboveground structure except dressing
rooms and comfort stations.
[(11)](10) Public parks.
[(12)](11) Public uses and structures, as permitted under section 25-4-11.
[(13)](12) Utility substations, as permitted under section 25-4-11."
SECTION 23. Chapter 25, article 7, 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
"(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.
19
(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.
[(4-3-) -• -
.i:i:zi z::c a z izz "ciz z.: +'e:
(1-4)](13) Crop production.
[(15)](14) Display rooms for products sold elsewhere.
[(4-6)](15) Dwellings, double-family or duplex, with a maximum density of five hundred
square feet of land area per rentable unit or dwelling unit.
[(17)](16) Dwellings,multiple-family, with a maximum density of five hundred square
feet of land area per rentable unit or dwelling unit.
171 R11(171 f wel-linac .QincrJe_family
[( 9)](18) Family child care homes.
[(2)](19) 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)](20) Financial institutions.
[(22)](21) Group living facilities.
[(23)](22) Home occupations, as permitted under section 25-4-13.
[(-24)](23)Hospitals, sanitariums,old age, convalescent, nursing and rest homes and other
similar uses.
[(25)](24) Hotels and apartment hotels with a maximum density of five hundred square
feet of land area per rentable unit.
[(26)](25) Laundries other than those utilizing steam cleaning equipment, provided that
the facilities are not detrimental to the character of the district.
[(27)](26) Manufacturing,processing and packaging, light,provided that the activities are
not detrimental to the character of the district.
[( 8)](27) Medical clinics.
[(29)](28) Meeting facilities.
[(3-8)](29) Model homes, as permitted under section 25-4-8.
[(31)](3 0) Modeling agencies.
[(32)](31) Museums and libraries.
[(33)](32)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(34)](33) Offices.
[(35)](34) Personal services.
[(3-6)](35) Photography and artist studios.
[(37)](36) Public uses and structures, as permitted under section 25-4-11.
[(3-8)](37) Publishing plants for newspapers, books and magazines,printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
[09](38) Repair establishments, minor.
[(40)](39) Restaurants.
20
[(41)](40)Retail establishments,provided that they are not detrimental to the character of
the district.
[(42)](41) Schools,business.
[(43)](42) Schools,photography,art,music, dance or other similar studios or academies.
[(44)](43) Schools, vocational.
[(45)](44) Telecommunication antennas, as permitted under section 25-4-12.
[(46)](45) Temporary real estate offices, as permitted under section 25-4-8.
[(47)](46) Theaters, auditoriums and indoor sports arenas.
[(48)](47)Utility substations, as permitted under section 25-4-11."
SECTION 24. 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 25. 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
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 declared to be severable.
SECTION 26. 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:
21
1
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
APRIL 6, 2017
A regularly advertised hearing on the Planning Director Initiated request for an amendment to
Chapter 25 (Zoning), Hawaii County Code 1983 (2016 Edition, as amended) relating to meeting
facilities and community buildings was called to order at 9:41 a.m. in the County of Hawaii
Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory
Henkel presiding.
COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald
Ikeda, and Myles Miyasato.
ALSO PRESENT: Michael Yee (Planning Director), Malia Ho (Deputy Corporation Counsel
for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija
Jackson(Planner), Christian Kay(Planner), Shancy Watanabe(Planner), and Sarah Hata-Finley
(Commission Secretary).
And 4 members from the public in attendance.
INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning), Hawaii County Code 1983 (2016 Edition, as
amended), Articles 1, 2, 4, 5 and 7 relating to meeting facilities and community buildings. The
purpose of the proposed amendments is to incorporate the definitions of meeting facilities and
community buildings into a single, comprehensive definition by maintaining and expanding upon
the definition of meeting facilities. Additionally, the amendments will identify what zoning
districts will require a Special Permit or a Use Permit to allow for a meeting facility.
HENKEL: Number three, are we good to go on that?
DARROW: Sure.
HENKEL: This is also initiated by the Planning Director. An ordinance amending Chapter 25
Hawai`i County Code 1983 2016 Edition, as amended, Articles 1, 2, 4, 5, and 7 relating to
meeting facilities and community buildings. Please proceed.
DARROW: Thank you, Mr. Chairman. Good morning, members of the Planning Commission.
If I can direct your attention to our next presentation. The Planning Director has initiated
amendments, as mentioned, to Chapter 25, the Zoning Code, Articles 1, 2, 4, 5, and 7 of the
Hawaii County Code relating to meeting facilities and community buildings.
The reasons for the amendments is that the references within the Zoning Code for meeting
facilities and community buildings are very similar in definition and in use. The Planning
Director is proposing to combine these two uses and definitions into a single, comprehensive
1
definition by maintaining and expanding upon the definition of meeting facilities and to remove
all references to community buildings. Over many years, there has been confusion regarding the
meaning and definition of meeting facilities versus community buildings and vice versa. Given
the similarities, this bill attempts to simplify things through a single definition with a single set
of applicable requirements.
The current definition for community building means, "a public or privately owned building for
civic, social, educational, cultural, and recreational activities which is not operated primarily for
financial gain." The current definition for meeting facility means, "a permanent facility for non-
profit, recreational, social, and multiple [sic-multi] purpose use which has no overnight
accommodations and which may be for organizations operating on a membership basis for the
promotion of members' mutual interest or may be primarily intended for community purposes.
Typical uses include private clubs, union halls, community centers, and student centers." So,
you can see the similarities between the two definitions.
The proposed change—we are proposing to remove the definition of community building, and
our change to meeting facility will be as follows. A "meeting facility means a public or privately
owned facility which is not operated primarily for financial gain that is used for recreational,
social, civic, cultural, or multi-purpose functions, and which has no overnight accommodations.
The facility may be used for organizations operating on a membership basis for the promotion of
members' mutual interests or for community purposes. Typical uses may include private clubs,
union halls, community and association centers, but not educational facilities, such as schools."
There's also a change that we're proposing. In the past, we've had situations where these
meeting facilities have been operated in residential zoning areas and it, it appears to have impacts
to the surrounding properties. So, what we're proposing is some changes in the residential zoned
areas where it would require a Use Permit. Also, in particular, Agricultural zoned areas, we
would require, we've currently been requiring Special Permits,but if they are also located within
the State Land Use Urban versus the Agricultural, we would require a Use Permit, and we'll go
through that.
So, the changes in the permitted uses section of the RS, which is Single-Family Residential;
Double-Family, which is RD; and Multiple-Family, which is RM zoning districts, reflect the
Planning Director's initiated removal of references to community buildings and changing
meeting facilities from being a permitted use to requiring the issuance of a Use Permit within
these zoning districts.
These changes in the Zoning Code in the permitted uses section of the RA, which is Residential
[and] Agricultural; FA, which is Family Agricultural; and Agricultural zoning districts will
delete meeting facilities within subsection(c) of each section, and place them within subsection
(d). Subsection(c) requires a Special Permit if located within the State Land Use Rural District
for RA or if located within the State Land Use Agricultural District for FA and Ag. Meeting
facilities will be placed within subsection (d) which will still require a Special Permit if located
within the State Land Use Rural for the RA zoning or if located within the State Land Use
Agricultural District for FA or Ag, it will still require—I'm sorry, that should be it will still
require a Special Permit if in the State Land Use Agricultural, but it will also require a Use
2
Permit if it's outside of the Agricultural District and within the State Land Use Urban District.
So, I know that's a little complicated, but—.
We are also since these changes have been distributed to the Commissioners, there are several
minor changes we'd like to include. One of them is the actual edition, and in fact, we actually
noticed it with the correct edition. The edition from the 2005 edition has changed, and now it is
2016 edition. So, we just want to make that, update that change on the ordinance to send up, if
approved, up to Council.
In discussions with staff, including our new staff member, Shancy, there was a request to add in
the allowance of a kitchen within the definition of a meeting facility, and that's on the yellow
piece of paper that was handed out. Just so that there's no problems later when they come in and
they want to have a kitchen `cause normally these do have a kitchen or a certified kitchen as part
of their facility.
And, lastly, the Planning Director is requesting that you send a favorable recommendation to the
Hawaii County Council. This will also go to the Leeward Planning Commission for review and
vote so this won't be sent up until after our meeting on the 10th, where we will also have our joint
meeting.
With that, that concludes our presentation. If there are any questions, I'm available to answer.
HENKEL: Thank you. Commissioners, any questions? I have a couple. Are we going to vote
on this item now or are we waiting until Monday when we're at the joint meeting?
DARROW: This, this item would be today—
HENKEL: —Okay—
DARROW: —before the Windward Planning Commission.
HENKEL: The, the question I have—that was a lot for me to absorb—the, if a subdivision has, a
private subdivision has a meeting place is this going to create more obstacles for them as far as
how they use it? Are they going to have get Special Use Permits for certain things that they,
certain events or anything they host?
DARROW: We would, there are particular, this was a question that came up in formulating this.
There's a difference between a subdivision that has its own facility that's used primarily just for
the, for the subdivision, and then there's a difference between a meeting facility that may be
located within a subdivision that is rented out. And, I think that's what the concern is, is that the
actual case in question that happened several years ago was in a subdivision. It was a meeting
facility,but it was starting to be renting out, and it was having lots of parties, late night
gatherings, lots of noise, parking, and it just created all kinds of problems. So, that's the kind of
thing that it will give an opportunity to have a public hearing, set some restrictions as far as
hours of operation, amount of events, those kinds of things.
3
HENKEL: Okay, I think I know the subdivision you're talking about. One more question. I
noticed on the definition, you said that, well, my question is, can a school can be a meeting
place,but the meeting cannot be used for education or school is what—?
DARROW: A school is a school, and so that would go through its own Use Permit. A school
being operated in a meeting facility—you see, before, I mean, it's really, if a school wanted to
use a meeting facility to operate, they would come in for a Use Permit. If—that would be that.
If a meeting facility was in a residential zoning, they wanted to operate as a meeting facility,
they'd require a Use Permit. So, it's, it's a matter of semantics,but we like to separate it. If it's
a school, it's a school. If it's church, it's a church. If the church wants to use the meeting
facility or the school wants to use the meeting facility, we would still require a Special Permit for
that activity.
HENKEL: So, if a school were going to have a weekend or a one-day art fair at their meeting
facility on a weekend, they would have to get a Special Use Permit for that?
DARROW: The meeting fac—are you referring to a meeting facility within a school complex?
HENKEL: Yes.
DARROW: That would be—
HENKEL: —Most schools have an—
DARROW: Yes.
HENKEL: —auditorium.
DARROW: Yes, that would be covered under the school.
HENKEL: Okay, thank you.
DARROW: Yeah, so that's part of their permit.
HENKEL: Are there any other questions of staff'?
DARROW: That's a good question. That actually came out in an application for a school that
they made clear that they would be having these extra-curricular functions as part of their
operation.
HENKEL: Thank you, Jeffrey. I—we have no one signed, signed up to testify. Did you have
something to say, Mr. Clarkson?
CLARKSON: Yeah, I—I have a, going back to your original question about existing meeting
facilities in areas where they've been used as meeting facilities for a long time, will all of those
now have to come in for a use permit to be continued to be used as a meeting facility?
4
DARROW: They would be grandfathered in at this point. As long as the meeting facility is, is
operating as of this point or when it is, if it is approved by Council, then they would be
grandfathered in.
CLARKSON: Thank you.
HENKEL: Thank you. Any other questions? Nobody signed up to testify, so I would look for a
motion to close public testimony.
DARROW: If I could—
HENKEL: Go ahead.
DARROW: Commissioner Clarkson, you had some concerns earlier about possible wording or_
CLARKSON: Well, I did but I, it, can you actually show me—
DARROW: —Sure—
CLARKSON: —the definition, yeah, proposed change to definition.
DARROW: You did raise a good point in regards to—I see your concern now in regards to a
publicly owned facility. So, I guess there's a differentiation between when we look at page four
in the middle of the page on paragraph 3, where it says reasons for change, and it refers to
community buildings in the public buildings section, and it says public, it defines these public
uses as public use, public building, or public structure. So, if it was publicly owned, it, the
question would be, would it be a public building? I mean, that would be the question. I think
what this is, is maybe because this is actually coming straight out of the community buildings
definition; that it would be a public owned or a privately owned community building. So, we
were again incorporating the two definitions, but I would think that if it was a public building as
defined in the Code, where it defines it as being owned or managed by the Federal Government,
State of Hawaii, or the County to fulfill a government function, activity, or service for public
benefit in accordance with public policy. If it was clear that that's what the, the facility was, we
would define it as a public use or a public building.
But, if they were coming in and it was a public owned building to do these types of functions or
other types of functions that wouldn't necessarily be a governmental function. I would see that
maybe that would apply.
CLARKSON: Well, that's, that's why—
DARROW: —The question—
CLARKSON: —we discussed, I or I thought about adding"or governmental function"after the
word "gain"—"which is not operated primarily for financial gain or government[al] function."
5
DARROW: That would be an excellent suggestion, and that—
CLARKSON: —And then only other thing I had was a substitution of the word"by" for"for."
DARROW: Okay.
CLARKSON: The facility may be used by organizations operating on a membership basis for
the promotion rather than for organizations.
DARROW: So, again, to the first change, which is not operated for financial gain or
governmental function primarily.
CLARKSON: Right.
DARROW: Okay, governmental function. And, then the facility may be used by instead of for.
CLARKSON: Correct.
DARROW: Okay, thank you.
HENKEL: One more. I'm—I'm concerned about the last sentence there where typical uses may
include private clubs, union halls, and so forth, but not educational facilities such as schools, and
the reason that I'm concerned is, is the school that employs me, a charter school, HAAS, they
have satellite facilities that are located in, like in a church or in a private building. Is—are they
going to be grandfathered in is what you said or—
DARROW: —Well, they would have received a Use Permit or a Special Permit to operate there.
HENKEL: Okay, so they've already
DARROW: —So that's—
HENKEL: —they've gone through the—okay.
DARROW: Yeah, and this is not saying that, I mean,just for clarification, this is not saying you
couldn't use this for this type, type—
' HENKEL: —without a Special—
DARROW: —Right—
HENKEL: —Use Permit—
DARROW: —Right-
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HENKEL: —Okay—
DARROW: —you'd have toget a Use Permit for that particular use.
Y
HENKEL: Thanks, Jeffrey, for clearing that up. Any other questions? Now, can we have,
there's no public testimony. Can we have a motion to close public testimony?
MIYASATO: I guess before I make that motion, Director, do you have any comment on those
amendments?
YEE: No.
MIYASATO: Okay, no opposition to that?
YEE: [Shakes head side to side indicating no.]
MIYASATO: Okay, I make a motion to close public testimony.
DELA CRUZ: Second.
HENKEL: It's been moved and seconded to close public testimony. All in favor, say aye?
COMMISSIONERS: Aye.
HENKEL: Opposed? Public testimony is closed. Now, could we have discussion and a motion
for action?
MIYASATO: Chair, I'll make a motion. I move that a favorable recommendation be forwarded
to the County Council on the ordinance amendment Chapter 25, Zoning Code, Article 1, 2, 4,
and 5 relating to the zoning district regulations for meeting facilities and community buildings
based on the Planning Director's recommendations and findings along with the amendments by
Commissioner Clarkson which shall be adopted.
DELA CRUZ: Second.
HENKEL: It's been moved by Commissioner Miyasato; seconded by Commissioner Dela Cruz.
CLARKSON: I have some—excuse my nitpicking, but the motion only mentioned Articles 1, 2,
4, 5, and 7. I mean 1, 2, 4, and 5. But, I think 7 is also to be included so I would ask the maker
to amend his motion to approve.
MIYASATO: I'll amend my motion to include Article 7.
HENKEL: Okay, the motion is to approve, amended to include Article 7. Do we need to re-read
the motion? Okay. Would you do a roll call vote?
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DARROW: Sure, if I could request clarification. Sorry, Myles. This would also include our
proposed amendments as well? We had the simple—
MIYASATO: Yes.
DARROW: Thank you.
MIYASATO: Yes, along with that.
DARROW: Okay, with that, we'll take the roll call. Commissioner Miyasato?
MIYASATO: Aye.
DARROW: Commissioner Dela Cruz?
DELA CRUZ: Aye.
DARROW: Commissioner Clarkson?
CLARKSON: Aye.
DARROW: Commissioner Ikeda?
IKEDA: Aye.
DARROW: And, Mr. Chairman.
HENKEL: Aye.
DARROW: The motion passes five to zero.
The discussion ended at 10:01 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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i
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
April 10, 2017
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25 OF THE HAWAII COUNTY CODE,RELATING TO MEETING
FACILITIES AND COMMUNITY BUILDINGS was called to order at 10:07 a.m. in the West
Hawai`i Civic Center,Community Center, Building G, 74-5044 Ane Keohokalole Highway,
Kailua-Kona, Hawai`i, with Chairman Keith F. Unger presiding.
COMMISSIONERS PRESENT: Keith F. Unger,Nancy Carr Smith, Scott Church, Collin Kaholo,
Perry Kealoha, Barbara Nobriga and Sonny Shimaoka
ALSO PRESENT: Malia Ho (Counsel for the Commission), Michael Yee(Planning Director),
Daryn Arai (Deputy Planning Director), Jeff Darrow (Planning Program Manager),Maija Jackson
(Planner), Shancy Watanabe(Planner), Sarah Hata-Finley(Windward Planning Commission
Secretary) and Noriko Sauer(Leeward Planning Commission Secretary)
And four people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning), Hawai`i County Code 1983 (2016 Edition, as
amended), Articles 1,2, 4, 5 and 7 relating to meeting facilities and community buildings. The
purpose of the proposed amendments is to incorporate the definitions of meeting facilities and
community buildings into a single, comprehensive definition by maintaining and expanding upon
the definition of meeting facilities. Additionally, the amendments will identify what zoning
districts will require a Special Permit or a Use Permit to allow for a meeting facility.
UNGER: Second item on the agenda, Initiator Planning Director, an ordinance amending Chapter
25, Zoning, Hawai`i County Code 1983, 2016 Edition, as amended, Articles 1, 2, 4, 5 and 7
relating to meeting facilities and community buildings. The purpose of the proposed amendments
is to incorporate the definitions of meeting facilities and community buildings into a single,
comprehensive definition by maintaining and expanding upon the definition of meeting facilities.
Additionally, the amendments will identify what zoning districts will require a Special Permit or a
Use Permit to allow a meeting facility. Mr. Darrow?
DARROW: Thank you, Mr. Chairman. If I can direct your attention to our next presentation. As
mentioned, this is an amendment to the Zoning Code and to several Articles. We also want to
state that the main reason why this came up is because over the years we've had conflicts between
these, the definition of community building and meeting facility. So if you can keep that in mind
as to the reason why we are changing this. Also,just to note that as we go through these Code
changes, you'll notice that we are going to start incorporating more Code changes and Rule
changes into our activities in the Planning Department to bring them before you; we are trying to
in a sense clean house. Our goal eventually is to do a comprehensive change of the entire Code,
but in the meantime we are trying to do some simple fixes. And you'll see that sometimes these
Code changes are not as easy as you would think they are; the more people we get involved in the
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process, the more we seem to change as we go along. So even in this particular item there's been
several amendments that have happened up to this point, and we'll bring those to your attention as
we go.
Before I start,just to let you know, you should have received a yellow copy as well as a green
copy. Hopefully, you have both of those.
The Planning Director is initiating amendments to Chapter 25, the Zoning Code, Articles 1, 2, 4, 5
and 7 of the Hawai`i County Code 1983, the 2016 Edition, as amended, relating to meeting
facilities and community buildings.
The reason for the amendments is that the references within the Zoning Code for"meeting
facilities"and"community buildings" are very similar in definition and use. The Planning
Director is proposing to combine these two uses and definitions into a single, comprehensive
definition by maintaining and expanding upon the definition of"meeting facilities"and to remove
all references to"community buildings." Over the many years there has been confusion regarding
the meaning and definition of"meeting facilities"versus"community building" and vice versa.
Given the similarities, this bill attempts to simplify things through a single definition with a single
set of applicable requirements.
The current definition reads as follows: "Community building"means a public or privately-owned
building for civic, social, educational, cultural, and recreational activities, which is not operated
primarily for financial gain; "Meeting facility" means a permanent facility for nonprofit
recreational, social or multi-purpose use, which has no overnight accommodations,and which may
be for organizations operating on a membership basis for the promotion of members' mutual
interests or may be primarily intended for community purposes. Typical uses include private
clubs,union halls, community centers, and student centers.
The proposed change to the definition would take, would combine the two—and to keep in mind
this has changed already, so, and that is what's on your yellow and your green forms: "Meeting
facility"means a public or privately-owned facility, which is not operated primarily for financial
gain,that is used for recreational, social, civic, cultural, or multi-purpose functions, and which has
no overnight accommodations. The facility may be used for organizations operating on a
membership basis for the promotion of members' mutual interests or for community purposes.
Typical uses may include private clubs,union halls, community and association centers, but not
educational facilities, such as schools.
We've also, from past experiences, have initiated the requirement for a Use Permit mainly in
Residential zonings. So in the RS, RD, RM zoning, to do a meeting facility would require a Use
Permit, which allows the surrounding property owners to be able to comment on the particular
facility and be able to request conditions such as hours of operation, amounts of events, those
types of restrictions. Additionally, there would be a requirement, which currently actually is
required to require Special Permits in the State Land Use Agricultural District for RA, FA, and
Agricultural zonings. But further on we've added in the section that if it's located within the
County Agricultural zoning, or the RA or FA zoning,but within the State Land Use Urban
District, it would require a Use Permit. So that's the additional change.
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There are several minor revisions that we added at the Windward Planning Commission. These
included a simple change: Instead of referring to the 2005 Edition when this change was originally
initiated, we were bringing it up to the current Edition, which is 2016; additionally, we are adding
in the allowance of a kitchen within the definition of meeting facility. So that's been added on
your yellow sheet. And the reason for that is most of these meeting facilities do have a kitchen
facility as part of them whether it be a certified kitchen or just a regular kitchen. Typically,they
have events where they need a kitchen, so it seems, rather than trying to guess whether or not, it's
permitted, we just made it part of the definition.
Now, the green sheet that's been passed out incorporates some changes that were requested in the
Windward Planning Commission,which is in italics. Basically, there were several minor changes:
One is that the term"or governmental functions"was included, and a simple change taking out
"for"and substituting it"by." The reason for the"governmental functions"was again to keep a
meeting facility separate from a public use. The Planning Department in kind of understanding
the direction of the Windward Planning Commission, even incorporated further changes where we
took out the reference to public and privately-owned, as well as whether or not it was operated
primarily for financial gain. If these meeting facilities are approved, they can be rented out. Most
times they are rented out for financial purposes. We also, instead of referring to "educational
facilities,"we did put the term"educational"back into the type of use that can be used in these
because they may be using, the illustration is that someone may rent a facility to do a training on
how to do woodworking or to do hula or whatever it is; so we just clarify that by saying that a
meeting facility cannot be used as a school. A school requires its own Use Permit and needs to go
through the process. So that is what is Number 2 there, further defined. So what the Planning
Department is asking for today is the request, and again this is up to the Commission,but we are,
the Planning Department is bringing forth Number 2 to try to incorporate all the changes into that
one particular definition. We feel that that would take care of both the kitchen, allowing the
kitchen, as well as the issue that came up at the Windward Planning Commission. If approved
today, we would take this back to the Windward Planning Commission to have them vote on that
particular change as well.
With that, that concludes our presentation. Thank you.
I'd better say that the Planning Director's recommendation is favorable.
UNGER: Thank you, Mr. Darrow. Commissioners, any questions?
NOBRIGA: Yeah, I have a question. Say, if I from the general public wanted to hold a function
here in this room, I would be able to do that and use that kitchen?
DARROW: Noriko? Do they rent this out here to the public?
SAUER: I'm not quite sure.
DARROW: I'm not sure about that as well. I'm not sure about this particular facility. I know
that it is rented out, I mean that other organizations use it,but I don't know if they rent it out for
financial means. I think it's mainly a community building, so it's used for community purposes.
But I'm not sure if it's actually rented out for financial money.
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NOBRIGA: Thank you.
UNGER: Commissioner Church.
CHURCH: Just, probably really more of a statement, you know, in looking at your, at the prior
and current definitions of the meeting facilities and community buildings, it's almost humorous;
they are different words,but they must mean the same thing. So I think that the initiative to start
cleaning up the Code to be, to clarify it and to be more specific is a great idea. And the
suggestions that were made by the Windward Planning Commission seem to be really outstanding
in coordination with you all. So I think that this is really very supportable initiative.
UNGER: Commissioner Carr Smith.
CARR SMITH: Just a little bit confused here. So in Number 1 the Windward Planning
Commission's suggestions they added"or governmental functions," then when I heard that, I
assumed that we were talking about buildings such as this, County buildings, is that true?
DARROW: This particular building, and buildings, is a public use building. So we have a
separate section in the Code that the community buildings were fallen under; they were fallen
under the public uses building. And so that's where there was confusion happening, because
somebody would come in and want to do a community building, and yet it's fallen under a public
use building, yet the definition says that it was, could be a public or privately owned building.
And so there wasn't that distinct difference between a public use and a private use. And so we
wanted to make that clear that public uses are for public uses, although that can include, like in
this particular situation, if it's for the community, it can be used. But there are particular facilities
that are meant to be, like, a good example, I don't know if you are familiar with Sanga Hall in
Hilo,but it's a, it's a facility that's rented out on a regular basis to all types of organizations and
groups, specifically just to have a place to hold a function, and that's kind of what we are trying to
achieve by separating public uses and meeting facilities. So there is no longer a term "community
building"; it's actually fallen, this"meeting facility" covers community type of,they can use it for
any type of community event. But normally that's for a fee, so you would be renting it from
somebody. Now, in this particular case, some public uses offer facilities as long as it's for a
public use, I mean a community type of use, not for, I don't think they would allow it to be a
commercial type use.
CARR SMITH: So has the Leeward, has the Windward Planning Commission already heard this?
DARROW: Yes.
CARR SMITH: And that's why they made these recommendations?
DARROW: The first change.
CARR SMITH: But then subsequently the Planning Department decided that they would rather
not have the public or private, and they did not, you folks did not accept the concept of the
governmental functions, is that right?
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DARROW: We can add that back in into this definition,but we felt like by taking out the public
aspect of that, that there was no question that this was not to be used as a public use structure; that
would fall under a separate section in the Code. But, again, that's something that can be added in,
if it's, if you'd like to keep it in.
CARR SMITH: Thank you.
DARROW: Thank you.
KEALOHA: I'm still a little confused. An example of a gym and annex attached to a gym that
does hold community, that would not be considered governmental function?
DARROW: Normally, that is a, falls under Department of Parks and Recreation, so it is a public
function.
KEALOHA: So it would be to that extent public,not governmental.
DARROW: Yes,right.
KEALOHA: Okay.
DARROW: Well, it's, it is in a sense it's a County building.
KEALOHA: That's why I'm questioning.
DARROW: Right, yeah, so it's normally permitted as a public use, yeah. But, again, these types
of facilities are, you'll find them more, normally you'll see them in subdivisions where they are
having an association or community center, and normally they hold, they rent it out not only for
members in their subdivision but they rent it out to others as well. And in the past we've had
complaints regarding that; they've had parties, they've had music events where there is loud
music, and so people felt like I really never had any say on, you know, this particular use in my
neighborhood. So we felt like it was an appropriate step to in certain neighborhoods to, or in
certain zonings, to allow for the Use Permit process.
See, this is exactly what I was talking about earlier; it's not a simple thing to make changes, you
know, you are always, there's always, it's always evolving. So the more we talk about it,the more
we find something new that comes up.
UNGER: Thank you. Any other questions? Thank you, Mr. Darrow. The hearing is now open
for public testimony, if any members of the public are here to testify on this item. Seeing none, I
need a motion from a commissioner to close the public hearing portion of the meeting.
KAHOLO: So move.
CHURCH: Second.
UNGER: We have a motion by Commissioner Kaholo, second by Church. All in favor?
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COMMISSIONERS: Aye.
UNGER: Opposed? [None.] Public hearing is closed. Commissioners, I need a motion on the
agenda item. Commissioner Can Smith.
CARR SMITH: I move that a favorable recommendation be forwarded to the County Council on
the ordinance amending Chapter 25, Zoning Code, Articles 1, 2, 4 and 5 relating to zoning district
regulations for meeting facilities and community buildings based on the Planning Director's
recommendation and findings,which shall be adopted.
KEALOHA: I'll second that—
NOBRIGA: Second—
UNGER: We have a motion by Commissioner—Commissioner Nobriga, did you have a
question?
NOBRIGA: No.
UNGER: No. We have a motion on the table by Commissioner Carr Smith, second by
Commissioner Kealoha, and the floor is open for discussion.
HO: Sorry,just one question, actually for Jeff. Is it"and Article 7?"
DARROW: Correct.
HO: Because it wasn't on the slide, either,but, so just to amend your motion, sorry,just have to
say, Article, and 7.
CARR SMITH: I'll amend my motion to include Article 7.
HO: Yeah.
DARROW: Thank you.
UNGER: As amended, great, thank you.
CARR SMITH: Yeah, I support this after your explanation. Thank you.
DARROW: Thank you.
UNGER: I support the motion also. I think we have the benefit of the Windward Planning
Commission hearing this and having their first run at it. So for the Windward Committee[sic]
members here,thank you. And for the Planning Department we are going to defer to you. With
your experience, obviously,this has been an issue for you, and so I want to support you in this
effort.
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•
DARROW: Thank you. As mentioned, we will bring this back before the Windward Planning
Commission as well just to get their vote on the matter.
UNGER: If there are no other comments, roll call. Mr. Darrow?
DARROW: Thank you, Mr. Chairman. Commissioner Can Smith?
CARR SMITH: Aye.
DARROW: Commissioner Kealoha?
KEALOHA: Aye.
DARROW: Commissioner Church?
CHURCH: Aye.
DARROW: Commissioner Kaholo?
KAHOLO: Aye.
DARROW: Commissioner Nobriga?
NOBRIGA: Aye.
DARROW: Commissioner Shimaoka?
SHIMAOKA: Aye.
DARROW: And Mr. Chair?
UNGER: Aye.
DARROW: The pass-, excuse me, the motion passes seven to zero.
The discussion ended at 10:26 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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ti
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
JUNE 1, 2017
A regularly advertised hearing on the Planning Director Initiated request for an amendment to
Chapter 25 (Zoning), Hawaii County Code 1983 (2016 Edition, as amended) relating to meeting
facilities and community buildings was called to order at 9:31 a.m. in the County of Hawai`i
Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory
Henkel presiding.
COMMISSIONERS PRESENT: Joseph Clarkson, Gregory Henkel, Donald Ikeda, and Myles
Miyasato.
ABSENT & EXCUSED: Donn Dela Cruz, Thomas Raffipiy.
ALSO PRESENT: Michael Yee (Planning Director), Daryn Arai (Deputy Planning Director,
9:16 a.m. to 10:33 a.m.), Amy Self(Deputy Corporation Counsel for the Planning Director, 9:26
a.m. to 10:41 a.m.), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning
Commission), Jeff Darrow (Planning Program Manager), Ron Whitmore (Project Manager for
the Ka`u CDP, 9:16 a.m. to 10:33 a.m.), Maija Jackson (Planner), Christian Kay (Planner),
Shancy Watanabe (Planner), and Sarah Hata-Finley(Commission Secretary).
And 6 members from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Continued hearing for an ordinance amending Chapter 25 (Zoning), Hawai`i County Code 1983
(2016 Edition, as amended), Articles 1, 2, 4, 5 and 7 relating to meeting facilities and community
buildings. The purpose of the proposed amendments is to incorporate the definitions of meeting
facilities and community buildings into a single, comprehensive definition by maintaining and
expanding upon the definition of meeting facilities. Additionally, the amendments will identify
what zoning districts will require a Special Permit or a Use Permit to allow for a meeting facility.
HENKEL: Okay, it's 9:30, so we'll move to Agenda Item No. 3. The Planning Director is
initiator, and looks like Jeffrey will be doing the presentation.
DARROW: Thank you, Mr. Chairman. Again, good morning, members of the Planning
Commission. Hopefully, this will be short and sweet. We actually kind of dealt with this at our
Joint Commission [meeting] briefly. We met in April and discussed this change to the Zoning
Code incorporating the definitions of meeting facilities and community buildings into one
definition. And, changing certain aspects of the Code to require a Use Permit when these types
of facilities are proposed, mainly, in Residential zonings.
There was discussion here at Windward, and there was proposed changes. We took those to the
Leeward Planning Commission on April 10th, and they agreed with—the Planning Department
1
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had proposed some minor changes to the changes that were proposed by the Windward Planning
Commission, and so this is the actual changes that came up at the Windward Planning
Commission that were approved and forwarded to the Leeward Commission. And, then the
Planning Commission or the Planning Department proposed these changes. Mainly, that we took
out this reference to permanent public and privately owned facility. It didn't really make any
sense to be there. We also included the information regarding a kitchen, and then we also
addressed the issue regarding educational purposes.
So, on the bottom here, I'll just read this. This is the proposed definition that will be final, that
we'll be voting on this morning. It states that a meeting facility means, "a facility that is used for
recreational, social, civic, cultural, educational and multi-purpose functions, and may include a
kitchen but has no overnight accommodations. The facility may be used by organizations
operating on a membership basis for the promotion of members' mutual interests or for
community purposes. Typical uses may include private clubs, union halls, community and
association centers, but not schools."
So, hopefully, that addresses all the issues and incorporates it into one definition. If approved
today, we'll go ahead and amend the ordinance and transfer this up to our Hawaii County
Council for our final approval. With that, that concludes our presentation.
HENKEL: Thank you, Jeffrey. Are there any questions from the Commission? Then, we
should look for discussion and a motion for action.
MIYASATO: Chair, I make a motion. I move that a favorable recommendation be forwarded to
the County Council on the ordinance amending Chapter 25. Zoning Code, Articles 1, 2, 4, 5, and
7 relating to zoning district regulations for meeting facilities and community buildings based on
the Planning Director's recommendation and findings which shall be adopted.
CLARKSON: Second.
HENKEL: It's been moved by Commissioner Miyasato; seconded by Commissioner Clarkson.
Would you do a roll call vote,Jeffrey?
DARROW: Sure. Thank you, Mr. Chairman. Commissioner Miyasato?
MIYASATO: Aye.
DARROW: Commissioner Clarkson?
CLARKSON: Aye.
DARROW: Commissioner Ikeda?
IKEDA: Aye.
DARROW: And, Mr. Chairman.
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HENKEL: Aye.
DARROW: The motion passes four to zero. Thank you.
The discussion ended at 9:35 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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