HomeMy WebLinkAboutCOM 0676.009 2022-2024 HEATHER L. KIMBALL �►�Y;�F.y;�
'•o`?•.,• Phone: (808)961-8828
�' Fax: (808)961-8912
COUNCIL CHAIR 'n �,44 °,
Council District 1 (North Hilo, * �I.: �+' Email: Heather.Kimball@hmvaiicotmhagov
Hamakua, and portion of Waimea)
HAWAI`I COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
,-. C`)
L
C- (_
4 —!
DATE: July 8, 2024 c -<
TO: Members of the Hawai`i County Council •'�'`'
FROM: Heather L. Kimball, Council Chair Vit',Council District 1
SUBJECT: Proposed Draft of Bill No. 122
Transmitted herewith is a copy of the new draft of Bill No. 122 that will result if the proposed
amendments contained within Communication Nos. 676.7 and 676.8 are adopted.
I request that the attached draft be distributed to the members of the Policy Committee on
Planning, Land Use, and Development to aid the Committee in its consideration of Bill No. 122.
HK:dbk
Att.
Comm. Nq
Hawai`i County is an Equal Opportunity Provider and Employer. Ref. To:, �J
Ref. Date - 8 2024
AN ORDINANCE AMENDING CHAPTER 25 AND CHAPTER 14, ARTICLE 4,
SECTION 14-20, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE REPEAL OF BED AND BREAKFAST AS A
PERMITTED USE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of"Bed and breakfast
establishment":
"["Bed and breakfast establishment"means any single family dwellings and/or guest
he ses (pursuant to section 25 4 9),which have been permitted on a building site
for compensation, for periods of less than thirty days.]"
SECTION 2. 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 br akfast establishments in RS, RA, FA, and A districts, provided that the
property is within the state land use urban district.
(2)] f.1,) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
[(3)] Cal 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)] al 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)] al Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA,A,
V, CG, CV, and 0 districts, provided that the property is within the state land use
urban or rural district. Golf courses and golf driving ranges shall not be permitted
within the state land use agricultural district unless approved by the County before
July 1, 2005.
[(6)] Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of"group living facility" in the RS, RD, RM, RCX,
RA, FA, A, CN, CG, CV, and V districts.
[(7)] (6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes 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.
Kg)] (7) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG,
CV, MCX, ML, MG and 0 districts.
[(9 ] Medical clinics in RS, RD, RM, RA, FA, and A districts.
[(I0)] al 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.
[(11)] (10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A,
IA and 0 districts.
[(12)] (11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and 0 districts.
[(13)] (12) Wind energy facilities in the 0 district; provided that the property is within
the state land use agricultural district.
[(l-4)] (13) 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 3. Chapter 25, article 4, division 1, section 25-4-7, of the Hawai`i County Code
1983 (2016 Edition, as amended), is repealed.
"[Seetion 25 4-7, u a d b r em.
(a) Bed and br kfast establishments shall be permitted the-.P D, RM, p CX,
and CDH district . n b, ,a and br akf st _ tabl;s'm__t___ b _ttea i-_the v S d_st, cts
and RA, FA, A districts, within theSt * ' d ba~ district, provided that µ µse pe_ffi it
is-obtained-fer-eael+-suc n a it shall also bo red b d ..nd
vi au�y' eu
(b) A bed and breakfast establishment shall be subject to the following standards:
(1) The bed and breakfast establishment shall be subordinate and clearly or customarily
ineidental-t-e-the-prineipat-tise-as-a-fesidenee-by-its-eper-ater-and-net-alter-er-be
detrimental to thet ftb, „,ling . .
site as that being used for the bed and breakfast establishment.
single-fanaily-Elwellingsr aladier guest houses (pursuant to section 25 1 9).
for rent to guests.
(5) Tb b t tt .l ith b. d d b. 1 f t t bl' b t
�,� ii�i��ci c>> g' Zicc ct-vviuiiii u v�u
at any one time shall be ten.
b ding sit F f a• a l tb, tb t .l t b, l l b, b.•b, t o
A bed and breakfast establis
required permits have been acquired.
2
(7) One paved (with materials such as bricks, concrete, asphalt concrete surface or chip
,
in addition to the required stall(s) for the dwelling unit, except that in the RS, RA, FA
and A districts paved parking stalls shall not be required as long as the material used
for the parking stalls will eliminate erosion, mud and standing water within the
parking stall area.
(8) Exterior signage which advertises the dwelling as a bed and breakfast establishment
shall comply with the requirements for residential signage as set forth in chapter 3
(advertising and signs), Hawai`i County Code.
(c) Any bed and br akfast establishment which has not received the required permits shall be
considered illegal under this chapter, unless otherwise noted herein.
(d) Any bed and breakfast establishment existing as of the effective date of this section and
conforming to the standards contained in section 25 1 7(b) which has not received the
permits required under sectio 25 n 7( ) m „tine s el , e f r twelve m „ths
following the effective date of this section. After this date-continued use without having
submitted the necessary permit applications shall be considered illegal under this chapter.
(c) The conditions contained in any use permit issued for a bed and breakfast establishment
prior to the adoption of this section shall continue to apply to the bed and breakfast
establishment, notwithstanding provisions to the contrary contained in this section.]"
SECTION 4. Chapter 25, article 4, division 5, section 25-4-51, of the 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) [D a affe break f st t.,bl;shme ts: o f r o e n estbedroom in ad ition t f r
ll l vrii�irr a�vir cvviai. i�i
the dwelling unit.
(3)] Bowling alleys: four for each alley.
[(1)] 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)] (4) 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-)] (5) 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)] (6) 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)] (7) 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
3
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)] (8) Funeral homes, funeral services, mortuaries, and crematoriums: one for each
seventy-five square feet of gross floor area.
[(4-0)] (9) Golf courses: four for every hole.
[(11)] (10) Hospitals: one for each bed.
[(12)] (11) 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)] (12) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each
four hundred square feet of gross floor area.
[(14)] (13) Laundromats, cleaners (coin operated): one for every four machines.
[(15)] (14) 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.
K-I-6)] (15) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
[(17)] .(16) Nursing homes, convalescent homes, rest homes and homes for the elderly: one
for every two beds.
[(-1-8)] (17) Parks: as determined by the director.
[(1-9)] (18) 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)] (19) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
[(21)] (20) 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)] (21) 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)] (22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
[(24)] (23) Swimming pools (community): one for each forty square feet of pool area.
[(25)] (24) 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. The following provisions of the Hawai`i County Code 1983 (2016 Edition,
as amended):
Chapter 25, article 5, division 1, section 25-5-3, subsection (b), (relating to RS, single-
family residential districts);
Chapter 25, article 5, division 2, section 25-5-22, subsection (a), (relating to RD, double-
family residential districts);
Chapter 25, article 5, division 3, section 25-5-32, subsection (a), (relating to RM, multiple-
family residential districts);
4
Chapter 25, article 5, division 4, section 25-5-42, subsection (a), (relating to RCX,
residential-commercial mixed use districts);
Chapter 25, article 5, division 5, section 25-5-52, subsection(c) and subsection (d),
(relating to RA, residential and agricultural districts);
Chapter 25, article 5, division 6, section 25-5-62, subsection (c) and subsection (d),
(relating to FA, family agricultural districts);
Chapter 25, article 5, division 7, section 25-5-72, subsection (c) and subsection (d),
(relating to A, agricultural districts);
Chapter 25, article 5, division 9, section 25-5-92 subsection(a), (relating to V, resort-hotel
districts);
Chapter 25, article 5, division 10, section 25-5-102, subsection(a), (relating to CN,
neighborhood commercial districts);
Chapter 25, article 5, division 11, section 25-5-112, subsection (a), (relating to CG, general
commercial districts);
Chapter 25, article 5, division 12, section 25-5-122, subsection (a), (relating to CV, village
commercial districts); and
Chapter 25, article 7, division 2, section 25-7-22, subsection (a), (relating to CDH,
downtown Hilo commercial district),
are amended by repealing the paragraphs containing the use "Bed and breakfast establishments
as permitted under section 25-4-7" or"Bed and breakfast establishments, as permitted under
section 25-4-7.
SECTION 6. In printing this ordinance, the list of permitted uses contained in subsections
25-5-3(b), 25-5-22(a), 25-5-32(a), 25-5-42(a), 25-5-52(c) and (d), 25-5-62(c) and (d), 25-5-72(c)
and (d), 25-5-92(a), 25-5-102(a), 25-5-112(a), 25-5-122(a), 25-5-162(a), and 25-7-22(a) may be
reordered and renumbered as appropriate.
SECTION 7. Chapter 14, article 4, section 14-20, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended by amending the definition of"Hotel"to read as follows:
subsection(a)to read as follows:
'Hotel"means [a transient vacation, other than a bed and breakfast home containing
lodging or dwelling units.] the same as defined in chapter 25, section 25-1-5."
SECTION 8. This ordinance shall not affect or impair any use permit or special permit
duly issued prior to the effective date of this ordinance, which uses permitted thereby shall be
considered a legal use of the affected parcel and may continue to operate for so long as the
conditions of the use permit or special permit and other requirements as may be provided by
general law are met.
5
SECTION 9. 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 10. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 11. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
6