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HomeMy WebLinkAboutCOM 0052.000 2020-2022 Lee E.Lord Managing Director Mitchell D.Roth *: i Mayor .°" Robert H.Command Deputy Managing Director A �rf`bs•H►.eG V:LlluttfV of(Pufunvi Offs e of fhr,�Uavtlr 25 Aupuni Street,Suite 2603 . Hilo, Hawaii 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 December 22, 2020 - ;f Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 1,Article 2,Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended) Relating to Medical Clinics, Massage, Chiropractic,Acupuncture, and Other Similar Health Services Facilities As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor TCouncilPDinitiatedmedicalclinics Enclosures cc: Planning Department Comm. No. Ref.Ta• PC County of)-lawai`i is an Equal Opportunity Provider and Employer. Ref. Date t r , . Mitchell D. Roth Of�4 Thomas Raffipiy,Chair Mayor • John Replogle,Vice-Chair Gilbert Aguinaldo Lee E.Lord Managing Director Dean An Joseph Clarkson OF County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center e 101 Pauahi Street,Suite 3 * Hilo,Hawaii 96720 Phone(808)961-8288 - Fax(808)961-8742 DEC 1 7 20Y20 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 1,Article 2,Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended) Relating to Medical Clinics, Massage, Chiropractic, Acupuncture, and Other Similar Health Services Facilities The Windward Planning Commission, at its meeting on November 5, 2020, reviewed and considered the amendment of Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic, and other similar health service facilities. The Commission voted to forward a favorable recommendation to the County Council on the request as indicated in the Planning Department Exhibit 1. Subsequently, on December 3, 2020 the request returned to the Commission to reconsider this matter due to substantial changes made to the bill as indicated in the Planning Department Exhibit 2. The Commission voted to forward a favorable recommendation on the Planning Department Exhibit 2 which shall supersede the Planning Department Exhibit 1. Hawai'i County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation, Power Point Presentations, and a draft transcript of the hearings for your information to be provided under separate cover. Sincerely, �aermoma,.AaRP„ Thomas T Raffipiy THOMAS RAFFIPIY Windward Planning Commission Lpdinitiatedmedicalclinicsetc l2.5.12.3wpc Enclosures cc: Planning Department—Kona DocuSign Envelope ID:369D8555-2D80-4AE9-BE09-C9FE47FACAC4 JN4-4 of.y�1Y Harry Kim °''c` ' Nancy Carr Smith, Chair Mayor ter' ;# Perry Kealoha,Vice-Chair Barbara DeFranco Roy Takemoto t Max Newberg Managing Director r�r�of++��r Mark Van Pernls Michael Vitousek County of Hawaii Faith"Faye"Yates LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawal`i 96720 Phone(808)961-8288 Fax(808)961-8742 NOV 3 0 2020 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo,HI 96720 Dear Chair Chung and Council Members: SUBJECT: Planning Director Initiated Amendment to Chapter 25 (Zoning Code),Article 1,Article 2,Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended) Relating to Medical Clinics, Massage, Chiropractic, Acupuncture, and Other Similar Health Services Facilities The Leeward Planning Commission, at its meeting on November 19, 2020, reviewed and considered the amendment of Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other small-scale health service facilities. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation and a draft transcript of the hearing for your information to be provided under separate cover. Sincerely, DocuSigned by: 44,<1 L?4,,54" 11/30/2020 1 7:13 PM HAST D9A0EEF837FE482... NANCY CARR SMITH Leeward Planning Commission Hcnvai'i County is an Equal 01�portnnifv Providers and E:mplotier• DocuSign Envelope ID:369D8555-2D80-4AE9-BE09-C9FE47FACAC4 I Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 2 Lpdinitiatedmedicalclinicsetclpc Enclosures cc: Planning Department—Kona BRPDInitiatedMassageChiro.doe-9!2912020 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 1, ARTICLE 2, ARTICLE 4,ARTICLE 5 AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED) RELATING TO DEFINITIONS, USE PERMIT REQUIREMENTS, PARKING REQUIREMENTS, AND ZONING DISTRICT REGULATIONS FOR MEDICAL CLINICS AND MASSAGE, ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES. The Planning Director is initiating an amendment to Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. BACKGROUND Currently, the Zoning Code does not make a clear distinction between various medical services uses such as hospitals, medical clinics, and small-scale health service facilities such as massage, chiropractic, and acupuncture facilities. The purpose of this amendment is to better define these uses and clarify in which zoning districts these various medical service uses are permitted by right or with a Use Permit. The amendments make the following specific changes: • Clarifies the `medical clinic' definition to state that massage, chiropractic, acupuncture, and other similar health service facilities are not considered medical clinics. • Removes massage facilities and chiropractic clinics from the `personal services establishment' definition so that the definition only includes non-medical personal services such as hair salons. • Adds parking requirements for Commercial Uses including retail and office uses in the Single Family Residential (RS), Double-family Residential (RD) and Multiple Family Residential (RM) zoning districts. -1- • Clarifies that a Use Permit is required for massage, acupuncture, chiropractic, and other similar health service facilities in the Single Family Residential (RS), Double Family Residential (RD), Residential and Agricultural (RA), Family Agricultural (FA), and Agricultural (A) zoning districts. • Clarifies that a Use Permit is required for medical clinics in the Single Family Residential (RS), Double Family Residential (RD), Multiple-Family Residential (RM), Residential and Agricultural (RA), Family Agricultural (FA), and Agricultural (A) zoning districts. • Adds massage, acupuncture, chiropractic, and other similar health service facilities as a pennitted use by right in the Multiple-Family Residential (RM), Residential Commercial Mixed Use (RCX), Resort-Hotel (V),Neighborhood Commercial (CN), General Commercial (CG), Village Commercial (CV), Industrial-Commercial (MCX), and Downtown Hilo Commercial (CDH) zoning districts. The zoning code currently allows these uses in these zoning districts as a personal services establishment. Chapter 25 (Zoning) of the Hawaii County Code 1983 (2005 edition) is proposed to be amended as attached Planning Department Exhibit 1. (Material to be deleted is bracketed and struck through; material to be added is underscored) PROPOSED AMENDMENTS This bill is initiated by the Planning Director to add the following to the Zoning Code: Relating to the definition of Medical clinic and personal services establishment. Section 25-1-5. Definitions ....Medical clinic"means an office building or group of offices for persons engaged in the practice of a medical or dental profession or occupation. A medical clinic does not have beds for overnight care of patients but can involve the treatment of outpatients. A"medical profession or occupation"is any activity involving the diagnosis, cure, treatment, mitigation or prevention of disease or which affects any bodily function, but does not include chiropractic, acupuncture and massage treatment and services, and other similar health service facilities." ""Personal services establishment"means an establishment which offers specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, [in saga f eili es, ehir-opfae e ehnies ] garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair and other similar establishments." Relating to the Applicability; Use Permit required. Section 25-2-61. (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: (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes [ate similaf uses devoted to the ea-re or t-Featment of the aged, the > ] 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. (9) Massage, acupuncture, chiropractic, and other similar health service facilities in RS RD RA FA and A districts. (10) Medical clinics in RS RD RM RA FA and A districts. Relating to Parkin Section 25-4-51. (a) The number of parking spaces for each use shall be as follows: (4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN, CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area. Relating to the Applicability; Use Permit required. Section 25-5-3. (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: (8) Massage,.acupuncture, chiropractic, and other similar health service facilities. (9) Medical clinics. Relating to the Applicability; Use Permit required. Section 25-5-22. (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: -3- (7) Massage, acupuncture, chiropractic, and other similar health service facilities. (8) Medical clinics. Relating to the Permitted Uses. Section 25-5-32. (a) The following uses shall be permitted in the RM district: (14) Massage, acupuncture, chiropractic, and other similar health service facilities. Relating to the Applicability; Use Permit required. Section 25-5-32. (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: (7) Medical clinics. Relating to the Permitted Uses. Section 25-5-42. (a) The following uses shall be permitted in the RCX district: (17) Massage, acupuncture, chiropractic, and other similar health service facilities. Relating to the Applicability; Use Permit required. Section 25-5-52. (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: (6) Massage, Acupuncture, Chiropractic, and other similar health service facilities. (7) Medical Clinics. Relating to the Applicability; Use Permit required. Section 25-5-62. (d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is within 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: (6) Massage, acupuncture, chiropractic, and other similar health service facilities. -4- (7) Medical clinics. Relating to the Applicability; Use Permit required. Section 25-5-72. (d) The following uses may be permitted in the A district, provided that either 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: (6) Massage, acupuncture, chiropractic, and other similar health service facilities. (7) Medical clinics. Relating to the Permitted Uses. Section 25-5-92. (a) The following uses shall be permitted in the V district: (22) Massage, acupuncture, chiropractic, and other similar health service facilities. Relating to the Permitted Uses. Section 25-5-102. (a) The following uses shall be permitted uses in the CN district: (22) Massage, acupuncture, chiropractic, and other similar health service facilities. Relating to the Permitted Uses. Section 25-5-112. (a) The following uses shall be permitted uses in the CG district: (39) Massage, acupuncture, chiropractic, and other similar health service facilities. Relating to the Permitted Uses. Section 25-5-122. (a) The following uses shall be permitted uses in the CV district: (31) Massage, acupuncture, chiropractic, and other similar health service facilities. Relating to the Permitted Uses. Section 25-5-132. (a) The following uses shall be permitted uses in the MCX district: (31) Massage, aMuncture, chiropractic, and other similar health service facilities. Relating to the Permitted Uses. -5- Section 25-7-22. (a) The following uses shall be permitted uses in the CDH district: (28) Massage, acupuncture, chiropractic, and other similar health service facilities. RECOMMENDATION For the reasons cited above, the Planning Director recommends that the Leeward and Windward Planning Commission send a favorable recommendation of this bill to the Hawaii County Council for the amendment to Chapter 25 (Zoning),Article 1, Article 2,Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 edition) relating to definitions, use permit requirements, parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. -6- COUNTY OF HAWAII STATE OF HAWAII �T�•OFM►J BILL NO. �? m t 'tet ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1,ARTICLE 2, ARTICLE 4, ARTICLE 5 AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DEFINITIONS, USE PERMIT REQUIREMENTS, PARKING REQUIREMENTS,AND ZONING DISTRICT REGULATIONS FOR MEDICAL CLINICS AND MASSAGE,ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES. 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 of medical clinics and personal services establishments, and identify the zoning districts where medical clinics and massage, chiropractic, acupuncture, and other similar health service facilities are a permitted use or require a Use Permit. SECTION 2. Chapter 25, article 1, section 25-1-5, subsection(b) of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending the definitions of"medical clinic" and"personal services establishment"to read as follows: ""Medical clinic"means an office building or group of offices for persons engaged in the practice of a medical or dental profession or occupation. A medical clinic does not have beds for overnight care of patients but can involve the treatment of outpatients. A"medical profession or occupation" is any activity involving the diagnosis, cure, treatment, mitigation or prevention of disease or which affects any bodily function,but does not include chiropractic, acupuncture and massage treatment and services[...] and other similar health service facilities." "Personal services establishment"means an establishment which offers specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, [massage f4ei ities ehifopf-.,etie elin es ] garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair and other similar establishments." SECTION 3. Chapter 25, article 2, division 6, section 25-2-61 of the Hawaii 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: Planning is Exhibit I 3 3 (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 O 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 othe similaf uses devoted to the ear-e of tr-eatmet4 of the aged, the sick, or-the infifffi] 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 RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. (9) Massage, acupuncture, chiropractic, and other similar health service facilities in RS RD RA FA and A districts. (10) Medical clinics in RS RD RM RA FA and A districts. ["](11) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. [(10)] 12 Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. [�] 13 Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. ["](14)Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. [�] 15 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." I SECTION 4. Chapter 25, article 4, division 5, section 25-4-51 of Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: 3 i 3 2 "(a) The number of parking spaces for each use shall be as follows: (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity, but not fewer than three spaces, plus bus parking if buses are allowed. (2) Bed and breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. (3) Bowling alleys: four for each alley. (4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN, CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area." SECTION 5. Chapter 25, article 5, division 1, section 25-5-3 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the RS district,provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf courses 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) Massage, acupuncture, chiropractic, and other similar health service facilities. (9) Medical clinics. [(8)] 10 Schools. [(9)] 11 Telecommunication antennas and towers. [(4-0)] 12 Yacht harbors and boating facilities." SECTION 6. Chapter 25, article 5, division 2, section 25-5-22 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the RD district, provided that a use permit is issued for each use: (1) Care homes. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Golf courses and related golf courses uses, including golf driving ranges, golf maintenance buildings and golf club houses,provided that the property is within 3 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) Massage, acupuncture, chiropractic, and other similar health service facilities. (8) Medical clinics. [(7)](D Schools. [(8)](10)Telecommunication antennas and towers. [(9)] 11 Yacht harbors and boating facilities." SECTION 7. Chapter 25, article 5, division 3, section 25-5-32 of the Hawaii 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 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) Crop production. (8) Dwellings, double-family or duplex. (9) Dwellings, multiple-family. (10) Dwellings, single-family. (11) Family child care homes. (12) Group living facilities. (13) Home occupations, as permitted under section 25-4-13. (14) Massage, acupuncture, chiropractic, and other similar health service facilities. [(1-4)] 15 Meeting facilities. ["] 16 Model homes, as permitted under section 25-4-8. [(4-6)] 17 Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. [(4--7)](18) Public uses and structures, as permitted under section 25-4-11. ["](19) Short-term vacation rentals situated in any of the following: (A) General plan resort and resort node areas. (B) Outside the general plan resort and resort node areas, in multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 5148, Hawaii Revised Statutes. ["](20) Temporary real estate offices, as permitted under section 25-4-8. 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. 4 (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. ["](22)Utility substations, as permitted under section 25-4-1 L" SECTION 8. Chapter 25, article 5, division 3, section 25-5-32 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the RM district, provided that a use permit is issued for each use: (1) Care homes. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Golf courses and related golf courses 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) Medical clinics. [(7)] 8) Schools. [(8)](9) Telecommunication antennas and towers. [(9)] 10 Yacht harbors and boating facilities." SECTION 9. Chapter 25, article 5, division 4, section 25-5-42 of the Hawaii 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. (4) Cemeteries and mausoleums, as permitted under chapter 6, article I 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) Convenience stores. (9) Crop production. (10) Day care centers. (11) Dwellings, double-family or duplex. (12) Dwellings, multiple-family. (13) Dwellings, single-family. (14) Family child care homes. 5 (15) Group living facilities. (16) Home occupations, as permitted under section 25-4-13. (17) Massage, acupuncture, chiropractic, and other similar health service facilities. [(- ] 18 Medical clinics. ["](19) Meeting facilities. ["](20) Model homes, as permitted under section 25-4-8. J Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. J Public uses and structures, as permitted under section 25-4-11. [(224] 23J Restaurants. [(23)](24) Schools. [(24)] 25J Short-term vacation rentals situated in the general plan resort and resort node areas. [(2-5)] 26 Utility substations, as permitted under section 25-4-11." SECTION 10. Chapter 25, article 5, division 5, section 25-5-52 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(d)to read as follows: "(d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special permit is issued for each use if the building site is within the State land use rural district: (1) 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) Massage,acupuncture, chiropractic, and other similar health service facilities. (8) Medical Clinics. [(7)]n Schools. [(8)](10)Yacht harbors and boating facilities." SECTION 11. Chapter 25, article 5, division 6, section 25-5-62 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(d) to read as follows: "(d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is within 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. 6 (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) Massage, acupuncture, chiropractic, and other similar health service facilities. (8) Medical clinics. [(-7&9)Schools." SECTION 12. Chapter 25, article 5, division 7, section 25-5-72 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(d) to read as follows: "(d) The following uses may be permitted in the A district, provided that either 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) Massage, acupuncture, chiropractic, and other similar health service facilities (8) Medical clinics. [(7)](qJ Schools." SECTION 13. Chapter 25, article 5, division 9, section 25-5-92 of the Hawaii 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 25-4-11. (12) Day care centers. (13) Dwellings, double-family or duplex. (14) Dwellings, multiple-family. (15) Dwellings, single-family. 7 (16) Family child care homes. (17) Financial institutions. (18) Group living facilities. (19) Home occupations, as permitted under section 25-4-13. (20) Hotels. (21) Lodges. (22) Massage, acupuncture, chiropractic, and other similar health service facilities. [(22)](23) Medical clinics. ["]Q41 Meeting facilities. [(24)] 25 Major outdoor amusement and recreation facilities. [(25)] 26 Model homes, as permitted under section 25-4-8. [(26)] 27 Parks,playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. Personal services. [(28)] 29 Photography studios. [(2-9)] 30 Public uses and structures, as permitted under section 25-4-11. [(38)]Q1 Restaurants. [(3-1)](32) Retail establishments. [(32)]Q3 Short-term vacation rentals. [(3-3)] 34 Telecommunication antennas, as permitted under section 25-4-12. ["](35) Temporary real estate offices, as permitted under section 25-4-8. [(35)] 36 Theaters. [(3b)] 37 Time share units. [(47)] 38 Utility substations, as permitted under section 25-4-11. Visitor information centers." SECTION 14. Chapter 25, article 5, division 10, section 25-5-102 of the Hawaii 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 CN district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Automobile service stations. (4) Bed and breakfast establishments, as permitted under section 25-4-7. (5) 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. (6) Business services. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Churches, temples and synagogues. (9) Community buildings, as permitted under section 25-4-11. (10) Convenience stores. (11) Crematoriums, funeral homes, funeral services, and mortuaries. (12) Crop production. (13) Day care centers. 8 (14) 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. (15) 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. (16) Dwellings, single-family. (17) Family child care homes. (18) 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. (19) Financial institutions. (20) Group living facilities. (21) Home occupations, as permitted under section 25-4-13. (22) Massage, acupuncture, chiropractic, and other similar health service facilities. [P-2)](23) Medical clinics. [�] Meeting facilities. [(24)] 25 Model homes, as permitted under section 25-4-8. [(2-5)] 26 Museums. [(M)](27)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. [(2-7)] 28 Offices. [(88-}](229 Personal services. [(29)] 30 Photography studios. [(38}] 3 1) Public uses and structures, as permitted under section 25-4-11. [{ }] 32 Repair establishments, minor. [(3)] 33 Restaurants. [(33)](34)Retail establishments. [(34)](35) Schools. [(354] Short-term vacation rentals situated in the general plan resort and resort node areas. [06)] 37 Telecommunication antennas, as permitted under section 25-4-12. [( }] Theaters. [(3S)](39) Utility substations as permitted under section 25-4-11." SECTION 15. Chapter 25, article 5, division 11, section 25-5-112 of the Hawaii 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. 9 (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. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. (21) Crop production. (22) Day care centers. (23) Display rooms for products sold elsewhere. (24) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (25) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (26) Dwellings, single-family. (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (28) Family child care homes. (29) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (30) Financial institutions. (31) Group living facilities. (32) Home occupations, as permitted under section 25-4-13. (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (34) Hotels. 10 (35) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (37) Laundries. (38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (39) Massage, acupuncture, chiropractic, and other similar health service facilities. [(39)] 4O J Medical clinics. [(40)] 41 Meeting facilities. [(444]f42 Model homes, as permitted under section 25-4-8. [(42)](43)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. [(43-)] 44 Offices. [(44)]05 j Personal services. [(4-5)](46 j Photography studios. [(46)](47) Public uses and structures, as permitted under section 25-4-11. [(47)]t481 Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. [(48)] 49 Repair establishments, minor. [(4-9)](50) Restaurants. [(50)](51)Retail establishments. [(54)] 5j Schools. [(52)] 53 Short-term vacation rentals. ["](j4j Telecommunication antennas, as permitted under section 25-4-12. [(54)] 55 Theaters. [(55}] 56 Time share units. [(56)] 57 Utility substations, as permitted under section 25-4-11. [(57)] 58 Veterinary establishments." SECTION 16. Chapter 25, article 5, division 12, section 25-5-122 of the Hawaii 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 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. 11 (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Convenience stores. (15) Crematoriums, funeral homes, funeral services, and mortuaries. (16) Crop production. (17) Day care centers. (18) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (19) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (20) Dwellings, single-family. (21) Family child care homes. (22) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce,plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (23) Financial institutions. (24) Group living facilities. (25) Home occupations, as permitted under section 25-4-13. (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (27) Hotels, when the design and use conform to the character of the area, as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) Manufacturing, processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. (31) Massage, acupuncture, chiropractic, and other similar health service facilities. ["](321 Medical clinics. [(3-2)] 33 Meeting facilities. [(33)] 34 Model homes, as permitted under section 25-4-8. [(-34)] 35 Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. [(3-5-}](36) Offices. [(;0] 37 Personal services. [(3-7)](381 Photography studios. Public uses and structures, as permitted under section 25 [(39)](40) 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)](411 Repair establishments, major, when there are not more than five employees, as approved by the director. 12 [(41-}] 42 Repair establishments, minor. [(42)]f431 Restaurants. [(43)](44)Retail establishments. [(44)](45) Schools. [(45)]f46 Short-term vacation rentals. [(4.6)] 47 Telecommunication antennas, as permitted under section 25-4-12. [(47)] 48 Temporary real estate offices, as permitted under section 25-4-8. [(48)]�Theaters. [(49)](50)Utility substations, as permitted under section 25-4-11." SECTION 17 Chapter 25, article 5, division 13, section 25-5-132 of the Hawaii 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 MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile sales and rentals. (6) Automobile service stations. (7) Bars, nightclubs and cabarets. (8) Broadcasting stations. (9) Business services. (10) Car washing. (11) Catering establishments. (12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (13) Churches, temples and synagogues. (14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (15) Commercial parking lots and garages. (16) Community buildings, as permitted under section 25-4-11. (17) Convenience stores. (18) Crematoriums, funeral homes, funeral services, and mortuaries. (19) Data processing facilities. (20) Display rooms for products sold elsewhere. (21) Equipment sales and rental yards. (22) Farmers markets. (23) Financial institutions. (24) Food manufacturing and processing. (25) Home improvement centers. (26) Ice storage and dispensing facilities. (27) Kennels in sound-attenuated buildings. (28) Laboratories, medical and research. (29) Laundries. (30) Manufacturing, processing and packaging establishments, light. 13 (31) Massage, aMuncture, chiropractic, and other similar health service facilities. 3j Medical clinics. [(32)] 33 Meeting facilities. ["](34) Model homes. [(34)]Q5 Motion picture and television production studios. [(3-5)](336)Offices. [(36)](37) Personal services. Photographic processing. [(3-8-)] 39 Photography studios. [(39)] 4O j Plant nurseries. [(40)](41) Public uses and structures, as permitted under section 25-4-11. [(44)] 42 Publishing plants for newspapers,books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. [(42)] 43 Repair establishments, minor. [(434]C44 Restaurants. [(44)](45)Retail establishments. [(45)]061 Sales and service of machinery used in agricultural production. [(46)][471 Schools, business. [(4-7)] 4$ Schools, photography, art, music and dance. [(48)] 4499)Schools, vocational. [(49)](50) Self-storage facilities. Telecommunications antennas, as permitted under section 25-4-12. [(54)] 52 Temporary real estate offices, as permitted under section 25-4-8. [(52)](53) Theaters. [(5-3)] 54 Utility substations, as permitted under section 25-4-11. [(54)] 55 Veterinary establishments in sound-attenuated buildings. [(5-5)](56) Warehousing. [(5)] 57 Wholesaling and distribution operations." SECTION 18. Chapter 25, article 7, division 2, section 25-7-22 of the Hawaii 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 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 nightclubs. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses. (9) Broadcasting stations or studios (radio and television). (10) Business services. 14 (11) Car washing, provided that the facilities are not detrimental to the character of the district. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Crop production. (15) Display rooms for products sold elsewhere. (16) Dwellings, double-family or duplex, with a maximum density of five hundred square feet of land area per rentable unit or dwelling unit. (17) Dwellings, multiple-family, with a maximum density of five hundred square feet of land area per rentable unit or dwelling unit. (18) Dwellings, single-family. (19) Family child care homes. (20) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (21) Financial institutions. (22) Group living facilities. (23) Home occupations, as permitted under section 25-4-13. (24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes [ate .,.,lam (25) Hotels and apartment hotels with a maximum density of five hundred square feet of land area per rentable unit. (26) Laundries other than those utilizing steam cleaning equipment, provided that the facilities are not detrimental to the character of the district. (27) Manufacturing, processing and packaging, light, provided that the activities are not detrimental to the character of the district. (28) Massage, acupuncture, chiropractic, and other similar health service facilities. [(2-8-}] 29 Medical clinics. [(2-9)] 30 Meeting facilities. [(38)](31)Model homes, as permitted under section 25-4-8. Modeling agencies. [(3-2-)] 33 Museums and libraries. [(3-3)] 34Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. [04 ] 35 Offices. [(3-5)]tI6J Personal services. [�] 3J Photography and artist studios. [(3-7)]Q 8) Public uses and structures, as permitted under section 25-4-11. [(3-8&I9J Publishing plants for newspapers, books and magazines, printing shops, cartographing and duplicating processes such as blueprinting or photostating. [(3-9)] 40 Repair establishments,minor. [(40)] 41 Restaurants. 15 [{-41)] 42 Retail establishments, provided that they are not detrimental to the character of the district. [{42}] 43J Schools, business. [(434] 44J Schools,photography, art, music, dance or other similar studios or academies. [{44}] 45 Schools, vocational. [{45}] 46 Telecommunication antennas, as permitted under section 25-4-12. [{4b}] 4'7 Temporary real estate offices, as permitted under section 25-4-8. [(4-7)](481 Theaters, auditoriums and indoor sports arenas. [(4-8)]t49)Utility substations, as permitted under section 25-4-11." SECTION 19. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets,bracketed and stricken material and underscoring need not be included. SECTION 20. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 21. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 16 PDInitiatedMedicalClinic.doc-1111312020 INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLE 1, ARTICLE 2, ARTICLE 4,ARTICLE 5, AND ARTICLE 7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED) RELATING TO DEFINITIONS, USE PERMIT REQUIREMENTS, PARKING REQUIREMENTS,AND ZONING DISTRICT REGULATIONS FOR MEDICAL CLINICS AND MASSAGE,ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES REVISED RECOMMENDATION At the Leeward Planning Commission meeting held on October 15, 2020, the Commission indicated the medical clinic definition was ambiguous in that it was not clear whether the definition applied to only doctors and dentists or other medical professionals. The Commission also indicated that a Use Permit should be required for medical clinics and similar health service facilities in the Multi-Family Residential (RM) zoning district since this is not a `residential' use and is more commercial in nature. Based on this feedback, the Planning Director is recommending two changes to the draft bill submitted as Planning Department Exhibit 1. The changes shown in Planning Department Exhibit 2 are: 1) to combine massage, acupuncture, chiropractic, and other similar health service facilities into the medical clinic definition, and 2) to require a Use Permit in the Multi-Family Residential (RM) zoning district for medical clinics. This is an effort of the Director to address concerns that were raised between the definition of a Medical Clinic versus a Massage, Acupuncture, Chiropractic, and other similar health service facilities. The Director is therefore proposing that a Massage, Acupuncture, Chiropractic, and other similar health service facilities be listed under the Medical Clinic definition and revised throughout the bill. With this change medical clinics (inclusive of massage, acupuncture, chiropractic, and other similar health services) would require a Use Permit in the RS, RD, RM, RA, FA and A zoning districts. The current Zoning Code allows medical clinics in the RCX, CN, CV, CG, MCX, V, and CDH zoning districts as a permitted use, without the need for a Use Permit. RECOMMENDATION For the reasons cited above, the Planning Director recommends that the Leeward Planning Commission send a favorable recommendation of this bill (P.D. Exhibit 2) to the Hawaii County Council for the amendment to Chapter 25 (Zoning),Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 edition) relating to definitions, use permit requirements, parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other similar health service facilities. -2- JptY OF°k1� COUNTY OF HAW I`I *' STATE OF HAWAII +r�'� watt•*.. 1rE CF'MF•� BILL NO. C?I- mts(A gr::T1-) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 1,ARTICLE 2,ARTICLE 4, ARTICLE 5 AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO DEFINITIONS, USE PERMIT REQUIREMENTS, PARKING REQUIREMENTS, AND ZONING DISTRICT REGULATIONS FOR MEDICAL CLINICS AND MASSAGE,ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES. 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 of medical clinics and personal services establishments, and identify the zoning districts where medical clinics and massage, chiropractic, acupuncture, and other similar health service facilities will require a Use Permit. SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending the definitions of"medical clinic" and "personal services establishment"to read as follows: ""Medical clinic"means an office building or group of offices for persons engaged in the practice of a medical or dental profession or occupation. A medical clinic does not have beds for overnight care of patients but can involve the treatment of outpatients. A "medical profession or occupation" is any activity involving the diagnosis, cure, treatment, mitigation or prevention of disease or which affects any bodily function[,but door not; „ludo ehif,,,.....,etie and massage treatment a-ad,-adsen4e 1 This includes massage, acupuncture, chiropractic, and other similar health service facilities." "Personal services establishment"means an establishment which offers specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, [massage f eili es ehifnp,.. etie ^limes ] garment repair, laundry cleaning,pressing, dyeing, tailoring, shoe repair and other similar establishments." SECTION 3. Chapter 25, article 2, division 6, section 25-2-61 of the Hawaii 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: Planning Exhibit (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 O 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 [ate similar-uses devoted to the ear-e or-tfvatment of the aged, the > ] 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 RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. (9) Medical clinics in RS RD RM RA FA and A districts. [(-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. [(4-0)] 11 Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. ["](12)Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. ["](13) Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. [(43)] 1144)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 4. Chapter 25, article 4, division 5, section 25-4-51 of Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The number of parking spaces for each use shall be as follows: 2 (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity, but not fewer than three spaces, plus bus parking if buses are allowed. (2) Bed and breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. (3) Bowling alleys: four for each alley. (4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN, CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area. (5) Day care centers: one for each ten care recipients of design capacity or one for every two hundred square feet of gross floor area, whichever is greater. (6) Dwellings, multiple-family: one and one quarter for each unit. In the CDH district, one for each unit on a property maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (7) Dwellings, single-family and double-family or duplex: two for each dwelling unit. In the CDH district, one for each unit on a property maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (8) Dwellings, single-family and double-family or duplex that are occupied for any period of less than one hundred eighty days: one space for each rented bedroom in addition to one space for the dwelling unit if rooms in the dwelling unit are rented individually, or two spaces if the dwelling unit is rented as a whole. (9) Funeral homes, funeral services, mortuaries, and crematoriums: one for each seventy-five square feet of gross floor area. (10) Golf courses: four for every hole. (11) Hospitals: one for each bed. (12) Hotels and lodges: (A) For hotel guest units without a kitchen, one for every three units, (B) For hotel guest units with a kitchen, one and one quarter for each unit. (13) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor area. (14) Laundromats, cleaners (coin operated): one for every four machines. (15) Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed buildings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. (16) Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. (17) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every two beds. (18) Parks: as determined by the director. (19) Recreation facilities, outdoor or indoor, other than herein specified: one for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis or similar activities). (20) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. 3 i (21) Schools (elementary and intermediate): one for each twenty students of design capacity, plus one for each four hundred square feet of office floor space. (22) Schools (high, language, vocational, business, technical and trade, college): one for each ten students of design capacity, plus one for each four hundred square feet of office floor space. (23) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. (24) Swimming pools (community): one for each forty square feet of pool area. (25) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area." SECTION 5. Chapter 25, article 5, division 1, section 25-5-3 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(b)to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf courses 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) Medical clinics. [(8)](9j Schools. ["](UO Telecommunication antennas and towers. [(4-0)] 11 Yacht harbors and boating facilities." SECTION 6. Chapter 25, article 5, division 2, section 25-5-22 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(b) to read as follows: "(b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the RD district, provided that a use permit is issued for each use: (1) Care homes. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Golf courses and related golf courses 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. 4 i 3 (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (7) Medical clinics. [(7)](8) Schools. [(8)]fD Telecommunication antennas and towers. [M](10)Yacht harbors and boating facilities." SECTION 7. Chapter 25, article 5, division 3, section 25-5-32 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(b) to read as follows: i "(b) In addition to those uses permitted under subsection(a) above, the following uses may be II 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 courses 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) Medical clinics. [(7)](8)Schools. [(8)]n Telecommunication antennas and towers. [(}}] 10 Yacht harbors and boating facilities." j a SECTION 8. Chapter 25, article 5, division 5, section 25-5-52 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(d) to read as follows: i I "(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, �s 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. I (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Medical Clinics. [(7)]) Schools. [(8)](9)Yacht harbors and boating facilities." i 5 SECTION 9. Chapter 25, article 5, division 6, section 25-5-62 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(d) to read as follows: "(d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is within 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) Medical clinics. [(7)](8) Schools." SECTION 10. Chapter 25, article 5, division 7, section 25-5-72 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(d) to read as follows: "(d) The following uses may be permitted in the A district, provided that either 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) Medical clinics. [(7)](n Schools." SECTION 11. Chapter 25, article 5, division 11, section 25-5-112 of the Hawaii 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. 6 (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. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. (21) Crop production. (22) Day care centers. (23) Display rooms for products sold elsewhere. (24) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (25) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (26) Dwellings, single-family. (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (28) Family child care homes. (29) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (30) Financial institutions. (31) Group living facilities. (32) Home occupations, as permitted under section 25-4-13. (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes [and ether- similar-Uses]. (34) Hotels. (35) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (37) Laundries. 7 3 s I (38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. 3 (39) Medical clinics. (40) Meeting facilities. (41) Model homes, as permitted under section 25-4-8. (42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. (44) Personal services. (45) Photography studios. (46) Public uses and structures, as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Short-term vacation rentals. (53) Telecommunication antennas, as permitted under section 25-4-12. (54) Theaters. (55) Time share units. (56) Utility substations, as permitted under section 25-4-11. (57) Veterinary establishments." SECTION 12. Chapter 25, article 5, division 12, section 25-5-122 of the Hawaii 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 CV district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (9) Business services. (10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (11) Churches, temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Convenience stores. (15) Crematoriums, funeral homes, funeral services, and mortuaries. 8 (16) Crop production. (17) Day care centers. (18) Dwellings, double-family or duplex,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (19) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (20) Dwellings, single-family. (21) Family child care homes. (22) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (23) Financial institutions. (24) Group living facilities. (25) Home occupations, as permitted under section 25-4-13. (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes [and athfr (27) Hotels, when the design and use conform to the character of the area, as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) Manufacturing, processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. (31) Medical clinics. (32) Meeting facilities. (33) Model homes, as permitted under section 25-4-8. (34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (35) Offices. (36) Personal services. (37) Photography studios. (38) Public uses and structures, as permitted under section 25-4-11. (39) Publishing plants for newspapers,books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops, which are designed to primarily serve the local area. (40) Repair establishments, major, when there are not more than five employees, as approved by the director. (41) Repair establishments, minor. (42) Restaurants. (43) Retail establishments. (44) Schools. 9 (45) Short-term vacation rentals. (46) Telecommunication antennas, as permitted under section 25-4-12. (47) Temporary real estate offices, as permitted under section 25-4-8. (48) Theaters. (49) Utility substations, as permitted under section 25-4-11." SECTION 13. Chapter 25, article 7, division 2, section 25-7-22 of the Hawaii 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 CDH district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries. (4) Automobile service stations or garages, excluding body and fenderworks, electric tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely enclosed building. (5) Bakeries. (6) Bars, cocktail lounges and night clubs. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses. (9) Broadcasting stations or studios (radio and television). (10) Business services. (11) Car washing, provided that the facilities are not detrimental to the character of the district. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Crop production. (15) Display rooms for products sold elsewhere. (16) Dwellings, double-family or duplex, with a maximum density of five hundred square feet of land area per rentable unit or dwelling unit. (17) Dwellings, multiple-family, with a maximum density of five hundred square feet of land area per rentable unit or dwelling unit. (18) Dwellings, single-family. (19) Family child care homes. (20) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (21) Financial institutions. (22) Group living facilities. (23) Home occupations, as permitted under section 25-4-13. (24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes [and Othef v, ilaf uses]. 10 (25) Hotels and apartment hotels with a maximum density of five hundred square feet of land area per rentable unit. (26) Laundries other than those utilizing steam cleaning equipment, provided that the facilities are not detrimental to the character of the district. (27) Manufacturing, processing and packaging, light, provided that the activities are not detrimental to the character of the district. (28) Medical clinics. (29) Meeting facilities. (30) Model homes, as permitted under section 25-4-8. (31) Modeling agencies. (32) Museums and libraries. (33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (34) Offices. (35) Personal services. (36) Photography and artist studios. (37) Public uses and structures, as permitted under section 25-4-11. (38) Publishing plants for newspapers, books and magazines, printing shops, cartographing and duplicating processes such as blueprinting or photostating. (39) Repair establishments, minor. (40) Restaurants. (41) Retail establishments, provided that they are not detrimental to the character of the district. (42) Schools,business. (43) Schools,photography, art, music, dance or other similar studios or academies. (44) Schools, vocational. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Theaters, auditoriums and indoor sports arenas. (48) Utility substations, as permitted under section 25-4-11." SECTION 14. 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 15. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 11 SECTION 16. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: 12 Ln ;v (/) m G) Z m m D m z Z r O C) mn Cv' D In Z m cn p m v n < to rn a o T X m z rn n n x Z r � mG) {� r- n M D � O v' z - p v oz = 0 �m � cn p m � D � D r D m z � m D n N v S C rn �:� v m z � z Q �,� � .. � �, � � rn i °� r 1 D ^Z 'r. L t -� O v m _� ..k �_ 7O �e rn v s 1 � P ��� � u� � r E �.,� � Z E �. i to �, r` r �,�:.� k' '�' �,,: �� 'n: b: ���I �'I'� n�� '" �� «. � w '.' (Tt �, e t o p ) � a, � �:', r � # � .� .�. 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