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Home My WebLink AboutBIL 122 Draft 02 2022-2024COUNTY OF HAWAI`I TY OF •� STATE OF HAWAI`I BILL NO. 122 (DRAFT 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 AND CHAPTER 14, ARTICLE 4, SECTION 14-20, OF THE HAWAVI 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 HAWAFI: SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1993 (2016 Edition, as amended), is amended by repealing the definition of "Bed and breakfast establisluncnt": r i s `w w v I � 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: (2)] (D Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, RCX, RA, FA, A and V districts. [(3)] Q 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)] M 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)] f4j 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)] (5� 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)] ,(0 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. [(�}] (D Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. [(-9)] M Medical clinics in RS, RD, RM, RA, FA, and A districts. LD 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. [(M] L10� Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. [(1-2)] LU1 Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. [(] 12 Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. [(44)] 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 Hawaii County Code 1983 (2016 Edition, as amended), is repealed. r Y i l k k k i i w `r v • � r i � i • Y • joil i w �• C i I � I r 9 SECTION 4. Chapter 25, article 4, division 5, section 25-4-51, of the 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: (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 fef eaeh guest em, in addifieii te one for the dwelling -unit-. (3)] Bowling alleys: four for each alley. [(4)] Q Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN, CG, CV, MCX, V, RA, FA, A and 1A districts: one for each three hundred square feet of gross floor area. [(S)] (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. 3 [(6)] Q Dwellings, multiple -fancily: 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. [{�}] (0 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. [(,g)] 0 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)] M Funeral homes, funeral services, mortuaries, and crematoriums: one for each seventy-five square feet of gross floor area. [@-93] U9� Golf courses: four for every hole. [(-l-I-)] LUO Hospitals: one for each bed. [(] (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. ["I (12} Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor area. LU3 Laundromats, cleaners (coin operated): one for every four machines. [(1-5)] �U4 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. [(1-6)] LU5 Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. [(47)] LL6� Nursing homes, convalescent homes, rest homes and domes for the elderly: one for every two beds. [(4-8)] L17 Parks: as determined by the director. [{] 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)] C19) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. [(24)] �LO) 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)] �Ll) 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)] (221 Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. [(24)] j23 Swimming pools (community): one for each forty square feet of pool area. [(2-5)] a4J Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area." 4 SECTION 5. The following provisions of the Hawaii 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); 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 -motel 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 establisltillents, as permitted under section 25-4-7," SECTION 6.1n 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 " transiet t , .,tio rental, other th,,,, I. lodging or dwelling units.] the same as defined in chapter 25 section 25-1-5." 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. 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. Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 676.13 INTRODUCED BY: COUNCIL MEMB R, COUNTY OF HAWAI`I COUNCIL MEMBER, COUNTY OF HAWAPI 6