HomeMy WebLinkAboutBIL 049 Draft 02 2016-2018 Hawai`i County Council-19 August 2,2017
Res. 248-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TRANSPORATION
SERVICES FROM YOUNG BROTHERS, INC.
With an estimated value of$12,748, this donation will provide 48 percent of the
total costs to ship seven buses being donated to the Mass Transit Agency by the City
and County of Honolulu.
Reference: Comm. 374
Intr. by: Ms. David(B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara,
Richards, Ruggles, and Acting Chair Eoff— 8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
BILLS FOR ORDINANCES (FIRST READING)
Bill 49 AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5,
(Draft 2): AND ARTICLE 7 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION,
AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR
MEETING FACILITIES AND COMMUNITY BUILDINGS
(Planning Director Initiated)
The Windward and Leeward Planning Commissions forward their favorable
recommendations for this amendment to the Zoning Code, which would remove
all references to community buildings, amend the definition of meeting facility,
and identify what zoning districts require a special permit or a use permit to allow
for a meeting facility.
Reference: Comm. 333.2
Intr. by: Ms. Eoff(B/R)
Approve: PC-21
Postponed: July 18, 2017
(Note: There is a motion by Mr. Richards, seconded by Ms. David, to
approve Bill 49, Draft 2.)
POSTPONED TO THE CALL OF THE CHAIR:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara,
Richards, Ruggles, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
Page 6
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SECTION 4. Chapter 25, article 2, section 25-2-61 of the Hawai`i County Code 1983
(2016 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, [including meeting facilities for
churches, temples, synagogues] and other such institutions, in RS,
RD, RM, RA, FA and A districts; provided that a minimum building
site area of ten thousand square feet is required within the RS, RD,
RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided
that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving
ranges, golf maintenance buildings, and golf club houses in the RS,
RD, RM, RCX, RA, FA, A, V, CG, CV, and 0 districts[.-], provided
that the property is within the state land use urban or rural district.
Golf courses and golf driving ranges shall not be permitted within
the state land use agricultural district unless approved by the County
before July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-
5(b),paragraph (b) of the definition of"group living facility" in the
RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest
homes, and other similar uses devoted to the care or treatment of the
aged, the sick, or the infirm in the RS, RD, RM, RCX, RA, FA, A,
and V districts, provided that a minimum building site area of ten
thousand square feet shall be required within the RS, RD, RM, RCX
and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM,
RCX, RA, A, CN, CG, CV, MCX, ML, MG and 0 districts.
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.
[(4-03](11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA,
FA, A, IA,_and 0 districts.
2
[(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
(2016 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 [. -: ..-'- :.' : - . ,] as
permitted under section 25-4-11.
(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
(2016 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
(2016 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.
('1)](3) Crop production.
[(5)](4) Dwellings, single-family.
[( )]�5,) Family child care homes.
[(7)](6) Group living facilities.
[(8)](7) Home occupations, as permitted under section 25-4-13.
[(9) Meeting facilities.
(l-0)](8) Model homes, as permitted under section 25-4-8.
3
[(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.
[(44)](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[.-], provided
that the property is within the state land use urban or rural district.
Golf courses and golf driving ranges shall not be permitted within
the state land use agricultural district unless approved by the County
before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest
homes.
(8) Major outdoor amusement and recreation facilities.
(9) Meeting facilities.
[(9)](10) Schools.
[(4-0)](11) Telecommunication antennas and towers.
[(11)](12) Yacht harbors and boating facilities."
SECTION 8. Chapter 25, article 5, section 25-5-22 of the Hawai`i County Code 1983
(2016 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.
[('1) Community buildings, as permitted under section 25 4 11.
(5)](4) Crop production.
[(6)]05) Dwellings, double-family or duplex.
[(7)](6) Dwellings, single-family.
[(8)](7) Family child care homes.
[(9)](8) Group living facilities.
[(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.
4
[(13)](11) Neighborhood parks,playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(1-4)](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.
j(-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[.-], provided
that the property is within the state land use urban or rural district.
Golf courses and golf driving ranges shall not be permitted within
the state land use agricultural district unless approved by the County
before July 1, 2005.
(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.
[0A)](11) Yacht harbors and boating facilities."
SECTION 9. Chapter 25, article 5, section 25-5-32 of the Hawai`i County Code 1983
(2016 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.
(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)11(6) Crop production.
[OM Dwellings, double-family or duplex.
[(9)](8) Dwellings, multiple-family.
[(1-9)](9) Dwellings, single-family.
[(11)](10) Family child care homes.
5
[(12)](11) Group living facilities.
[(13)](12) Home occupations, as permitted under section 25-4-13.
[(H) Meeting facilities.
(15)](13) Model homes, as permitted under section 25-4-8.
[(x)](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.
[(x}](16) Temporary real estate offices, as permitted under section 25-4-8.
[(-1-9)](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[.-],provided
that the property is within the state land use urban or rural district.
Golf courses and golf driving ranges shall not be permitted within
the state land use agricultural district unless approved by the County
before July 1, 2005.
(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.
[(1-0)](11) Yacht harbors and boating facilities."
SECTION 10. Chapter 25, article 5, section 25-5-42 of the Hawai`i County Code 1983
(2016 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.
6
(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) Community buildings, as permitted under section 25 4 11.
(8)](7) Convenience stores.
[(9)](8) Crop production.
[f0](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.
[(15)](14) Group living facilities.
[(1-6)](15) Home occupations, as permitted under section 25-4-13.
[(17)](16) Medical clinics.
[(1-8)](17) Meeting facilities.
[(4-9)](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
(2016 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 1 11.
(3)](2) Country clubs, tennis clubs and other similar recreational facilities
which include buildings or indoor recreational features.
R4AC.3i. Drive-in theaters.
[(5)](4) Guest ranches.
[(6)]() 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.
[0}](8) 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.
7
(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)]( Schools.
[(8)}(9_1 Yacht harbors and boating facilities."
SECTION 12. Chapter 25, article 5, section 25-5-62 of the Hawai`i County Code 1983
(2016 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.
67A(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)In Temporary real estate offices, as permitted under section 25-4-8.
[(1-9)](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.
8
(6) Major outdoor amusement and recreation facilities, includes
stadiums, sports arenas, and other similar open air recreational uses.
(7) Meeting facilities.
FAN. Schools."
SECTION 13. Chapter 25, article 5, section 25-5-72 of the Hawai`i County Code 1983
(2016 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.
[(�) Community buildings, as permitted under section 25 4 11.
(5)](4) Excavation or removal of natural building material or minerals, for
commercial use.
[(6)](5) Family child care homes.
[(7)](6) Guest ranches.
[(8)ri. Home occupations, as permitted under section 25-4-13.
[(9)](8) Lodges.
[ ' '.'
(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.
[( 4)](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.
[(4-6)](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.
9
(7) Meeting facilities.
[(7)](8) Schools."
SECTION 14. Chapter 25, article 5, section 25-5-82 of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended by amending subsection(c)to read as follows:
"(c) The following uses may be permitted in the IA districts, provided that a special
permit is obtained for such use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Churches,temples, or synagogues.
[(3) Community buildings as permitted under section 25 4 11.
(4)](3) Day care centers.
[(5)] 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
(2016 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 1 11.
(12)1(11) Day care centers.
[(13)](12) Dwellings, double-family or duplex.
[(1-4)](13) Dwellings, multiple-family.
[(15)](14) Dwellings, single-family.
[(1-6)](15) Family child care homes.
[(17)](16) Financial institutions.
[(4-8)](17) Group living facilities.
[(4-9)](18) Home occupations, as permitted under section 25-4-13.
io
[(20)](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.
[(2-6)](25) Parks, playgrounds, tennis courts, swimming pools, and other similar
open area recreational facilities.
[(27)](26) Personal services.
[(2-8)](27) Photography studios.
[(29)](28) Public uses and structures, as permitted under section 25-4-11.
[(20)](29) Restaurants.
[(31)](30) Retail establishments.
[(32)](31) Telecommunication antennas, as permitted under section 25-4-12.
[(33)](32) Temporary real estate offices, as permitted under section 25-4-8.
[(34)](33) Theaters.
[(35)](34) Time share units.
[(36)](35) Utility substations, as permitted under Section 25-4-11.
[(37)](36) Visitor information centers."
SECTION 16. Chapter 25, article 5, section 25-5-102 of the Hawai`i County Code 1983
(2016 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) Automobile service stations.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty square
feet of land area per rentable unit or dwelling unit.
(5) Business services.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1
of this Code.
(7) Churches, temples and synagogues.
[(8) Community buildings, as permitted under section 25 4 11.
(9)](8) Convenience stores.
[(1-0)](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.
[(1-4)](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.
11
[(15)](14) Dwellings, single-family.
[(4-6)](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.
[(8)](17) Financial institutions.
[(4-9)](18) Group living facilities.
[(20)](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.
[(25)](24) Neighborhood parks,playgrounds,tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(26)](25) Offices.
[(27)](26) Personal services.
[(2 ](27) Photography studios.
[(29-)](28) Public uses and structures, as permitted under section 25-4-11.
[00)](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.
[(36)](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
(2016 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.
12
(10) Broadcasting stations.
(11) Business services.
(12) Car washing, provided that if it is mechanized, sound attenuated
structures or sound attenuated walls shall be erected and maintained
on the property lines.
(13) Catering establishments.
(14) Cemeteries and mausoleums, as permitted under chapter 6, article 1
of this Code.
(15) Churches, temples and synagogues.
(16) Cleaning plants using only nonflammable hydrocarbons in a sealed
unit as the cleansing agent.
(17) Commercial parking lots and garages.
[(18) Community buildings, as permitted under section 25 4 11.
( 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.
[(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.
[09-)](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 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.
[( 0)](29) Financial institutions.
[(31)1(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.
[(35)](34) Ice storage and dispensing facilities.
[(3-6)](35) Laboratories, medical and research.
[(37)](36) Laundries.
13
[(3-8)](37) Light manufacturing, processing and packaging, where the only
retail sales outlet for products produced is on the premises where
produced.
[(3-9)](38) Medical clinics.
[(40)](39) Meeting facilities.
[(40](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.
[(44)](43) Personal services.
[(40](44) Photography studios.
[(46)](45) Public uses and structures, as permitted under section 25-4-11.
[(47)](46) Printing shops, cartographing and duplicating processes such as
blueprinting or photostating shops.
[('18)](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.
[(54)](53) Time share units.
[(55)](54) Utility substations, as permitted under section 25-4-11.
[(56)](55) Veterinary establishments."
SECTION 18. Chapter 25, article 5, section 25-5-122 of the Hawai`i County Code 1983
(2016 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 1 11.
(44)](13) Convenience stores.
14
[(15)](14) Crematoriums, funeral homes, funeral services, and mortuaries.
[06)](15) Crop production.
[(17)](16) Day care centers.
[0)](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.
[(4-9A(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.
[00)](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 andlocal 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.
[(2-6)](25) 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.
[0 ](27) Laboratories, medical and research.
[(29)](28) Lodges.
[(30)](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)](30) Medical clinics.
[(32)](31) Meeting facilities.
[(33)](32) Model homes, as permitted under section 25-4-8.
[(34)](33) Neighborhood parks, playgrounds,tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(35)](34) Offices.
[(36)](35) Personal services.
[(37)](36) Photography studios.
[(x)](37) Public uses and structures, as permitted under section 25-4-11.
[09-)](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.
15
[(4-1-)](40) Repair establishments, minor.
[(42)](41) Restaurants.
[(43)](42) Retail establishments.
[(44)](43) Schools.
[(4-5)](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
(2016 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) Cleaning plants using only nonflammable hydrocarbons in a sealed
unit as the cleaning agent.
(15) Commercial parking lots and garages.
[(16) Community buildings, as permitted under section 25 4 11.
(17)](16) Convenience stores.
[(-1-8)](17) Crematoriums, funeral homes, funeral services, and mortuaries.
[(-1-9)](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.
[(2-8)](27) Laboratories, medical and research.
[(20](28) Laundries.
[(38)](29) Manufacturing, processing and packaging establishments, light.
16
[(31)](30) Medical clinics.
[(32)](31) Meeting facilities.
[{33)](32) Model homes.
[(34)](33) Motion picture and television production studios.
[(35)](34) Offices.
[(-3-6)](35) Personal services.
[(37)](36) Photographic processing.
[(-3-8)](37) Photography studios.
[00](38) Plant nurseries.
[(40)](39) Public uses and structures, as permitted under section 25-4-11.
[(40)](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.
[(43)](42) Restaurants.
[(44)](43)(43) Retail establishments.
[(40](44) Sales and service of machinery used in agricultural production.
[(46)](45) Schools, business.
[(47)](46) Schools, photography, art, music and dance.
[(48)](47) Schools, vocational.
[(49)](48) Self-storage facilities.
[(59)](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.
[(-5-4)](53) Veterinary establishments in sound-attenuated buildings.
[(55)](54) Warehousing.
[(6)](55) Wholesaling and distribution operations."
SECTION 20. Chapter 25, article 5, section 25-5-142 of the Hawai`i County Code 1983
(2016 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.
(9) Bakeries.
(10) Bars.
(11) Broadcasting stations.
(12) Car washing.
17
(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.
[(19) Community buildings, as permitted 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.
[(2-8)](27) Junkyards,provided that the building site is not less than one acre in
area.
[(29)](28) Laboratories, medical and research.
[(30)](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.
(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.
18
(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
(2016 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.
(20) Commercial parking lots and garages.
[(21) Community buildings, as permitted under section 25 4 11.
(22)](21) Concrete or asphalt batching and mixing plants and yards.
[(23)](22) Contractors' yards for equipment, material, and vehicle storage,
repair, or maintenance.
[(24)](23) Crematoriums, funeral homes, funeral services,"and mortuaries.
[(25)](24) Day care centers.
[(2.6)](25) Dumping, disposal, incineration, or reduction of refuse or waste
matter.
19
[(27)](26) Expansion of an existing commercial excavation operation,provided
that plan approval is secured from the director.
[(278)](27) Fabricating establishments.
[(29)](28) Fertilizer manufacturing plants.
[(30)](29) Financial institutions.
[(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.
[(-3-6)](35) Junkyards.
[(37)](36) Kennels.
[(3-8)](37) Laboratories, medical and research.
38 Laundries.
[(40)](39) Lava rock or stone cuttingor shaping facilities.
[(44)](40) Lumberyards and building,material yards.
[(4 2)](41) Machine, welding, sheet Metal, and metal plating and treating
establishments.
[(43)](42) Manufacturing,processing and packaging establishments, light and
general.
[(44)](43) Marine railways, drydocks, and ship or boat yards.
[(40](44) Motion picture and television production studios.
[(46)](45) Photographic processing.
[(47)](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.
[(50)](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.
[(56)](55) Slaughterhouses.
[(57)](56) Storage and sale of seed, feed, fertilizer and other products essential
to agricultural production.
[(5-8)](57) Storage, curing, or tanning of raw, green, or salted hides or skins.
[(-59)](58) Telecommunication antennas, as permitted under section 25-4-12.
[(60)](59) Temporary real estate offices, as permitted under section 25-4-8.
[(60](60) Transportation and tour terminals.
[(60](61) Truck, freight and draying;terminals.
[(63)](62) Utility facilities,public and private, including power plants, offices
or yards for equipment, material,vehicle storage, repair or
maintenance.
20
[04)](63) Utility substations, as permitted under section 25-4-11.
[(6)](64) Veterinary establishments.
[06)](65) Warehousing.
[(-6-7)](66) Wholesaling and distribution, including the storage of incidental
materials and equipment.
[083](67) Yacht harbors and boating facilities."
SECTION 22. Chapter 25, article 5, section.25-5-162 of the Hawai`i County Code 1983
(2016 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.
[(6AC5i. Game preserves.
[(7)](6) Growing of plants provided such growth does not impair a view
intended to be preserved in the 0 district.
[(-8-)]O Heiaus, historical areas, structures, and monuments.
[(9)](8) Natural features, phenomena, and vistas as tourist attractions.
[0)](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
(2016 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.
(9) Broadcasting stations or studios (radio and television).
21
(10) Business services.
(11) Car washing, provided that the facilities are not detrimental to the
character of the district.
(12) Commercial parking lots and garages.
[(13) Community buildings, as permitted under section 25 4 11.
(14)1(13) Crop production.
[(15)](14) Display rooms for products sold elsewhere.
[(1 )](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.
[(4-8)](17) Dwellings, single-family.
[(1-9)](18) Family child care homes.
[(20)](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.
[(20](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.
[(20](27) Medical clinics.
[(29)](28) Meeting facilities.
[(-3-9)](29) Model homes, as permitted under section 25-4-8.
[(31)](30) Modeling agencies.
[(32)](31) Museums and libraries.
[(33)](32) Neighborhood parks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(24)](33) Offices.
[(35)](34) Personal services.
[(26)](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.
22
[04](38) Repair establishments,minor.
[(40)J(39) Restaurants.
[(41-)](40) Retail establishments,provided that they are not detrimental to the
character of the district.
[(40](41) Schools, business.
[(43-}](42) Schools, photography, art, music, dance or other similar studios or
academies.
[(44)](43) Schools, vocational.
[(4-5-)](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.
[(4-8)](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 provisionsor
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:
crk;‘,.
}1.1-3(
COUNCIL MEMBER, COUN F HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 333.2
23