HomeMy WebLinkAboutCOM 0313.027 2024-2026P / PCPs JED
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GOMM.313
Claudia Rohr
369 Nene St.
Hilo, HI 96720
COUNTY CLERK
(808) 640-5976
COUNTY of AAWAI ' I
crohr4@gmail.com
RECEIZZ2Z
(1: 31
Time Q.m,
July 8, 2025
Date JUL 0.8 2025
RE: July 9, 2025, 9:30 am Meeting of the Policy Committee on Planning, Land Use,
and Economic Development.
Testimony Opposed to:
Communication 313;
Communication 313.003 amending Bill 60 (draft 1);
Communication 313.004, Amending Bill 60 (draft 2)
Aloha, Chair Dr. Holeka Inaba and Council Members -
Please consider starting over and making straight forward amendments to the
zoning code, Chapter 25, to clarify that the incidental and subordinate use of a
dwelling for teaching religious studies, practices, rituals, including religious
celebrations, in any district in which a dwelling is located is permitted when the use
is approved as a "Home occupation" under the requirements of § 25-4-13; and to
promote the general welfare, health, and prosperity of Hawaii Island's people by
requiring use permits in every zone district for "meeting facilities" and "community
buildings" which require special attention in order to prevent substantial adverse
impacts to neighborhoods and to provide nearby neighbors with Notice, substantive
due process, and equal protection under the law, to protect their property rights.
Please take the following actions:
(1) Leave the treatment of churches, synagogues, temples and other religious
institutions under the zoning code alone. Religious institutions and
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practices have a different status under the Hawaii and U.S. constitutions
Comm. N o•
1 Ref. To:
Ref. Date
L.. — 9 204
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that use permit procedures must consider and be accountable for under
Federal law.
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(2)` GhW4fy=t;h1dT1'th'd incidental and subordinate use of a dwelling for teaching
relig�rous studies ; practices, rituals, including religious celebrations, in any
_.districtin which a=dwelling is located is permitted when the use is
approved as a "Home occupation" under the requirements of § 25-4-13.
(3) Clarify that meeting facilities and community buildings are secular
activities that do not necessarily promote the general welfare, health, and
prosperity of Hawaii Island's people living in the residential zone districts
and may cause substantial adverse impacts to the surrounding residential
communities. Meeting facilities and community buildings are currently
improperly treated in the zoning code in contravention of Section 25-1-2
Scope, purposes and applicability, the General Plan Single Family
Residential Land Use, and HRS §46-4 County zoning.
(4) Vote down Bill 60 (draft 2) as unconstitutional. It fails to provide Notice,
substantive due process and equal protection to adjacent property owners
in residential zone districts, violating their rights under the Hawaii and
U.S. constitutions.
(5) Close the historic loophole for "Community buildings" and "Meeting
facilities" by requiring use permits in all districts by amendment of the
zoning code.
(6) Amend the zoning code, Division 6. Use Permits, as demonstrated in
attached Appendix -A, and all other effected divisions of the zoning code as
necessary.
Sincerely,
LkR-A,
Appendix -A
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APPENDIX A
Division 6. Use Permits.
Section 25-2-60. Purpose.
Use permits are permits for certain permitted uses in zoning districts which require
special attention to insure that the uses will neither unduly burden public agencies
to provide public services nor cause substantial adverse impacts upon the
surrounding community. (1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-61. Applicability; use permit required.
(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 larger 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.
The incidental and subordinate use of a dwelling for teaching
religious studies, practices, rituals, including religious celebrations,
in any district in which a dwelling is located is permitted when the
use is approved as a "Home occupation" under the requirements of
25-4-13.
(4) Community Buildings in the 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} (5) 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} (6) 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
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shall not be permitted within the state land use agricultural district unless
approved by the County before July 1, 2005.
k6} (7) 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.
k74 (8) 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.
(-8} (9) Major outdoor amusement and recreation facilities in RCX, RA, A, CN,
CG, CV, MCX, ML, MG and 0 districts.
kg10 Medical clinics in RS, RD, RM, RA, FA, and A districts.
(11) Meeting Facilities in the RS, RD, RM, RA, FA and A districts:
provided that a minimum building site area of ten thousand souare
feet is required within the RS, RD, RM, and RA districts.
4 0) 12 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.
,
^�aT 4 iets-
4.2} 13 Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V,
CG, CV, MCX, ML, MG and 0 districts.
43) (14) Wind energy facilities in the 0 district; provided that the property is
within the state land use agricultural district.
44} 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.
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