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HomeMy WebLinkAboutORD 2021-026 2020-2022J�VV OF p� i COUNTY OF HAWAII _• STATE OF HAWAII WA OF •NF's BILL NO. 12 ORDINANCE NO. 21' 26 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[, 114.184. d0lels not inel de and massage treatment and sen,;ees]. This includes massa eg , 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 fueilitics ehiff-epmetie ,] 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: (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, Al 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 other similar- uses deveted to the ear -e of treatment of thee �Atge%d&5 t1he, e. HX�- JAAX�A&AAX 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. [M]UO 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)](j1 Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. ["](U2 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. ["] 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 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: 0) (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 (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. Schools. ["](UO Telecommunication antennas and towers. [(4-0)](L1j 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. El (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (7) Medical clinics. [(-7)]M Schools. Telecommunication antennas and towers. ["](UO 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: "(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)](n Schools. [(8)](D Telecommunication antennas and towers. [M] 10I Yacht harbors and boating facilities." 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: "(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) Medical Clinics. [(7)]tn Schools. [(8)](9) Yacht harbors and boating facilities." 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. 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)]M 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. 0 (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- thersimil r- uses . (34) Hotels. (3 5) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (3 7) Laundries. 7 (38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (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 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. E (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 other- similar - uses . (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. (3 8) 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. X (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 other- similar- thers milar- 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. (3 7) 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. Hilo -, Hawai'i Date of Introduction: February 17, 2021 Date of I" Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. February 17, 2021 March 3, 2021 March 16, 2021 52 V N WE J8 0, 1 wd Le 10 ME Introduced By: Date Introduced: First Reading: Published: REMARKS: Second Reading: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Ashley L. Kierkiewicz (B/R) February 17, 2021 February 17, 2021 February 26, 2021 March 3, 2021 To Mayor: March 11, 2021 Returned: March 16, 2021 Effective: March 16, 2021 Published: April 2, 2021 REMARKS: :t - ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali `i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. L: COUNCIL CHAIRPERSON IV'p-p-r-o-vDisapproved this day of �GrG P , 20 Z( COUNTY CLERK 12, e MAYOR, CO UNTY OF HA WAI `I 12 C Reference: -52/PC-10 Ord No.: