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Home My WebLink AboutBIL 012 Draft 01 2020-2022AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5 AND ARTICLE 7 OF THE HAWAI‘I 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 HAWAI‘I: 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 Hawai‘i 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 and massage treatment and services]. 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 facilities, chiropractic clinics,] 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 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: Bed and breakfast establishments in RS, RA, FA, and A districts, provided that the property is within the state land use urban district. Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, RCX, RA, FA, A and V districts. 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. 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. 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. 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. 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. Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. 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. [(10)](11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. [(11)](12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. [(12)](13) Wind energy facilities in the O 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 4. Chapter 25, article 4, division 5, section 25-4-51 of Hawai‘i 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: (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.