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HomeMy WebLinkAboutCOM 0313.029 2024-2026Ashley L. Kierkiewicz Council Member District 4 Puna Office: (808) 961-8265 Fax: (808) 961-8912 ashley.kierkiewicz@hawaiicounty.gov HA'WAI`I COUNTY COUNCIL Hawaii County Building 25 Aupuni Street • Hilo, Hawaii 96720 DATE: August 5, 2025 TO: Dr. Holeka Goro Inaba, Council Chair and Members of the Hawaii County Council FROM: Ashley L. Kierkiewicz, Council Member- trF SUBJECT: Proposed Amendments to Bill No. 60, Draft 2; 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 Zoning District Regulations for Meeting Facilities, Churches, Temples, Synagogues, and Community Buildings. Transmitted herewith are proposed amendments to Bill No. 60, Draft 2. The amendments are shown below in Ramseyer format with respect to the content of Bill No. 60, Draft 2; material to be deleted is bracketed and stricken, and material to be added is underscored. SECTION 3 of Bill No. 60, Draft 2, which amends chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a definition in subsection (b), is amended to read as follows: :- ""Special event" means a planned gathering or activity, typically requiring an invitation, registration, or ticket purchase, that exceeds the customary use of the property, including but not limited to commercial weddings and receptions, promotional functions, commercial concerts, and other large-scale or revenue -generating assemblies." 2. SECTION 4 of Bill No. 60, Draft 2, which amends chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending the definition of "meeting facility" in subsection (b), is amended to read as follows: ""Meeting facility" means a new or existing facility or building site that is used for recreational, social, or multipurpose use, and may include a kitchen but has no public commercial transient accommodations d is usedm e than two tifnes rweek faf Comm. No. 50- � ��. T�: �iP1,UF.D Hawai `i County is an Equal Opportunity Provider and Employer Ref. Date A[K3 - 5 2025 mate,. s fY, e fe tha +weRty fiver ns]. Typical uses include private clubs, union halls, cultural, community and association centers, religious facilities such as places of worship, and student centers. This does not include schools [ors]." SECTION 5 of Bill No. 60, Draft 2, which amends chapter 25, article 2, division 6, section 25-2-61, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended 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) 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. (4) 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. (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. (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. (7) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. (8) Medical clinics in RS, RD, RM, RA, FA, and A districts. (9) Meeting facilities, [ine]Euding] which may include special events in RS, RD, RM, RA, FA, and A districts. (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. (11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. (12) 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. 2 (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. (b) Any use which received an approval as a conditionally permitted use prior to September 25, 1984, or which received prior approval through the use permit process, is considered a legal use of the affected parcel and may be expanded or enlarged without obtaining another use permit, provided such expansion, enlargement or addition is in full compliance with this chapter and the applicable district regulations. (c) A use permit shall not be required for any use described in subsection (a) above, if a special permit is obtained for that use, pursuant to section 205-6, Hawai'i Revised Statutes. (d) A use permit shall not be required for meeting facilities and/or special events operated in partnership with State or County agencies or conducted at State or County venues or facilities." 4. SECTION 6 of Bill No. 60, Draft 2, which amends chapter 25, article 2, division 7, section 25-2-71, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows: "(c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Meeting facilities, as permitted under section 25-4-17. (2) Public uses, structures and buildings, as permitted under section 25-4-11. (3) Telecommunication antennas and towers, as permitted under section 25-4-12. (4) Temporary real estate offices and model homes, as permitted under section 2548. (5) Utility substations, as authorized under section 25-4-11. (6) [Events;] Special events, as defined in section 25-1-5." SECTION 8 of Bill No. 60, Draft 2, which amends chapter 25, article 4, division 1, of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a section, is amended to read as follows: "Section 25-4-17. Meeting facilities. (a) A meeting facility may be used for organizations operating on a membership basis for the promotion of members' mutual interests or may be primarily intended for community purposes. (b) Meeting facilities, which may include special events, are permitted: (1) In the [Rc RD RA ] RCX V CN CG CV MCX ML MG and CDH districts, provided that the director has issued plan approval; (2) In the RA, FA, and A districts, provided a use permit or a special permit is obtained; and (3) In the IA district, provided a special permit is obtained. c) In the RS, RD, and RM districts: (1) Gatherings within a dwelling for social. charitable, relivious, bolitical fundraising, cultural, or civic purposes that are incidental accessory uses to the residential use of the property are permitted and considered a home -based assembly, provided they occur no more than three times per week and each gathering includes no more than twenty-five individuals, exclusive of the family members of a person residing in the dwelling, (2) Gatherings that exceed these limits shall be deemed a meeting facility and shall require plan approval, including compliance with all requirements of plan qpproval, such as parking, and (3) A meeting facility ma_y be used for a special event, provided that a use permit is obtained for the special event. [(0] CdJ A meeting facility shall be subject to technical review by the department of public works, Hawaii fire department, department of water supply, and State department of health for compliance with current code and rule requirements. [ , f ,. the o rt ]" 6. SECTION 9 of Bill No. 60, Draft 2, which amends 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 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 11 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: one for each one hundred fifty square feet of gross floor area or seven people, whichever is greater. (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. (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)SSpecial events: one for every one hundred fifty square feet of gross floor area within enclosed buildings, plus one for every three persons for outdoor venues, or as otherwise approved by the director. [(2-3)] (141 Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. [(24)] t25) Swimming pools (community): one for each forty square feet of pool area. [(2-5)] 2266) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area." 7. SECTION 10 of Bill No. 60, Draft 2, which amends 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) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Golf courses and related golf course 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. (8) Schools. (9) Special events. [(9)] (UO Telecommunication antennas and towers. [("] (Ul Yacht harbors and boating facilities." SECTION 1 I of Bill No. 60, Draft 2, which amends 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) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Day care centers. (4) Golf courses and related golf course 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. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Medical clinics. (7) Schools. (8) Special events. [(8)] n Telecommunication antennas and towers. [(9)] (10) Yacht harbors and boating facilities." on 9. SECTION 12 of Bill No. 60, Draft 2, which amends 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) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Day care centers. (4) Golf courses and related golf course 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. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Medical clinics. (7) Schools. (8) Special events. [(8)] C9J Telecommunication antennas and towers. [(9)] tUO Yacht harbors and boating facilities." 10. SECTION 13 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 4, section 25-5-42, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended to read as follows: "(a) The following uses shall be permitted in the RCX district: (1) Adult day care homes. (2) Apiaries. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boarding facilities, rooming, or lodging houses. (5) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (6) Commercial or personal service uses, on a small scale, as approved by the director. (7) Convenience stores. (8) Crop production. (9) Day care centers. (10) Dwellings, double -family or duplex. (11) Dwellings, multiple -family. (12) Dwellings, single-family. (13) Family child care homes. (14) Group living facilities. (15) Home occupations, as permitted under section 25-4-13. (16) Medical clinics. 7 (17) Meeting facilities, including special events, as permitted under section 25-4- 17. (18) Model homes, as permitted under section 25-4-8. (19) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (20) Public uses and structures, as permitted under section 25-4-11. (21) Restaurants. (22) Schools. (23) Short-term vacation rentals situated in the general plan resort and resort node areas. (24) Utility substations, as permitted under section 25-4-11." 11. SECTION 14 of Bill No. 60, Draft 2, which amends 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) Day care centers. (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (5) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (6) Medical Clinics. (7) Meeting facilities, including special events, as permitted under section 25-4- 17. (8) Schools. (9) Yacht harbors and boating facilities." 12. SECTION 15 of Bill No. 60, Draft 2, which amends 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 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) Day care centers. (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (5) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (6) Medical clinics. (7) Meeting facilities, including special events, as permitted under section 25-4- 17. (8) Schools." 13. SECTION 16 of Bill No. 60, Draft 2, which amends 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) Day care centers. (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (5) Major outdoor amusement and recreation facilities. (6) Medical clinics. (7) Meeting facilities, including special events, as permitted under section 25-4- 17. (8) Schools." 14. SECTION 17 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 8, section 25-5-82, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (c), is amended to read as follows: "(c) The following uses may be permitted in the IA districts, provided that a special permit is obtained for such use: (1) Crematoriums, funeral homes, funeral services, and mortuaries. (2) Day care centers. (3) Hospitals. (4) Meeting facilities, including special events, as permitted under section 25-4- 17. (5) Public uses and structures, other than those necessary for agricultural purposes, as permitted under section 25-4-11. (6) Uses other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes." 15. SECTION 18 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 9, section 25-5-92 of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended to read as follows: "(a) The following uses shall be permitted in the V district: (1) Adult day care homes. (2) Amusement and recreational facilities, indoor. (3) Apiaries. (4) Art galleries, museums. (5) Automobile service stations. (6) Bars, night clubs and cabarets. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Business services. (9) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (10) Commercial parking lots and garages. (11) Day care centers. (12) Dwellings, double -family or duplex. (13) Dwellings, multiple -family. (14) Dwellings, single-family. (15) Family child care homes. (16) Financial institutions. (17) Group living facilities. (18) Home occupations, as permitted under section 25-4-13. (19) Hotels. (20) Lodges. (21) Medical clinics. (22) Meeting facilities, including special events, as permitted under section 25-4- 17. (23) Major outdoor amusement and recreation facilities. (24) Model homes, as permitted under section 25-4-8. (25) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (26) Personal services. (27) Photography studios. (28) Public uses and structures, as permitted under section 25-4-11. (29) Restaurants. (30) Retail establishments. (31) Short-term vacation rentals. (32) Telecommunication antennas, as permitted under section 25-4-12. (33) Temporary real estate offices, as permitted under section 25-4-8. (34) Theaters. (35) Time share units. (36) Utility substations, as permitted under section 25-4-11. (37) Visitor information centers." m 16. SECTION 19 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 10, section 25-5-102, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended to read as follows: "(a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Apiaries. (4) Automobile service stations. (5) Bed and breakfast establishments, as permitted under section 25-4-7. (6) 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. (7) Business services. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Convenience stores. (10) Crematoriums, funeral homes, funeral services, and mortuaries. (11) Crop production. (12) Day care centers. (13) 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. (14) 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. (15) Dwellings, single-family. (16) Family child care homes. (17) 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. (18) Financial institutions. (19) Group living facilities. (20) Home occupations, as permitted under section 25-4-13. (21) Medical clinics. (22) Meeting facilities, including special events, as permitted under section 25-4- 17. (23) Model homes, as permitted under section 25-4-8. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. 11 (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Short-term vacation rentals situated in the general plan resort and resort node areas. (35) Telecommunication antennas, as permitted under section 25-4-12. (36) Theaters. (37) Utility substations as permitted under section 25-4-11." 17. SECTION 20 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 11, section 25-5-112, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended 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) Apiaries. (4) Art galleries, museums. (5) Art studios. (6) Automobile service stations. (7) Automobile sales and rentals. (8) Bars, nightclubs and cabarets. (9) Bed and breakfast establishments, as permitted under section 25-4-7. (10) 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. (11) Broadcasting stations. (12) Business services. (13) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (14) Catering establishments. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Convenience stores. (19) Crematoriums, funeral homes, funeral services, and mortuaries. (20) Crop production. (21) Day care centers. (22) Display rooms for products sold elsewhere. 12 (23) 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. (24) 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. (25) Dwellings, single-family. (26) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (27) Family child care homes. (28) 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. (29) Financial institutions. (30) Group living facilities. (31) Home occupations, as permitted under section 25-4-13. (32) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (33) Hotels. (34) Ice storage and dispensing facilities. (35) Laboratories, medical and research. (36) Laundries. (37) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (38) Medical clinics. (39) Meeting facilities, including special events, as permitted under section 25-4- 17. (40) Model homes, as permitted under section 25-4-8. (41) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (42) Offices. (43) Personal services. (44) Photography studios. (45) Public uses and structures, as permitted under section 25-4-11. (46) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (47) Repair establishments, minor. (48) Restaurants. (49) Retail establishments. (50) Schools. (51) Short-term vacation rentals. (52) Telecommunication antennas, as permitted under section 25-4-12. (53) Theaters. (54) Time share units. 13 (55) Utility substations, as permitted under section 25-4-11. (56) Veterinary establishments." 18. SECTION 21 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 12, section 25-5-122, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended to read as follows: "(a) The following uses shall be permitted in the CV district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Apiaries. (4) Art galleries, museums. (5) Automobile sales and rentals. (6) Automobile service stations. (7) Bars. (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) Business services. (11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (12) Commercial parking lots and garages. (13) Convenience stores. (14) Crematoriums, funeral homes, funeral services, and mortuaries. (15) Crop production. (16) Day care centers. (17) 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. (18) 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. (19) Dwellings, single-family. (20) Family child care homes. (21) 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. (22) Financial institutions. (23) Group living facilities. (24) Home occupations, as permitted under section 25-4-13. (25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. 14 (26) Hotels, when the design and use conform to the character of the area, as approved by the director. (27) Laboratories, medical and research. (28) Lodges. (29) 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. (30) Medical clinics. (31) Meeting facilities, including special events, as permitted under section 25-4- 17. (32) Model homes, as permitted under section 25-4-8. (33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (34) Offices. (35) Personal services. (36) Photography studios. (37) 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 shops, which are designed to primarily serve the local area. (39) Repair establishments, major, when there are not more than five employees, as approved by the director. (40) Repair establishments, minor. (41) Restaurants. (42) Retail establishments. (43) Schools. (44) Short-term vacation rentals. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Theaters. (48) Utility substations, as permitted under section 25-4-11." 19. SECTION 22 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 13, section 25-5-132, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended to read as follows: "(a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Apiaries. (4) Art galleries, museums. (5) Art studios. (6) Automobile sales and refrcxntals. (7) Automobile service stations. (8) Bars, nightclubs and cabarets. ILI (9) Broadcasting stations. (10) Business services. (11) Car washing. (12) Catering establishments. (13) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (15) Commercial parking lots and garages. (16) Convenience stores. (17) Crematoriums, funeral homes, funeral services, and mortuaries. (18) Data processing facilities. (19) Display rooms for products sold elsewhere. (20) Equipment sales and rental yards. (21) Farmers markets. (22) Financial institutions. (23) Food manufacturing and processing. (24) Home improvement centers. (25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (26) Ice storage and dispensing facilities. (27) Kennels in sound -attenuated buildings. (28) Laboratories, medical and research. (29) Laundries. (30) Manufacturing, processing and packaging establishments, light. (31) Medical clinics. (32) Meeting facilities, including special events, as permitted under section 25-4- 17. (33) Model homes. (34) Motion picture and television production studios. (35) Offices. (36) Personal services. (37) Photographic processing. (38) Photography studios. (39) Plant nurseries. (40) Public uses and structures, as permitted under section 25-4-11. (41) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (42) Repair establishments, minor. (43) Restaurants. (44) Retail establishments. (45) Sales and service of machinery used in agricultural production. (46) Schools, business. (47) Schools, photography, art, music and dance. (48) Schools, vocational. (49) Self -storage facilities. (50) Telecommunications antennas, as permitted under section 25-4-12. 0 (51) Temporary real estate offices, as permitted under section 25-4-8. (52) Theaters. (53) Utility substations, as permitted under section 25-4-11. (54) Veterinary establishments in sound -attenuated buildings. (55) Warehousing. (56) Wholesaling and distribution operations." 20. SECTION 23 of Bill No. 60, Draft 2, which amends chapter 25, article 5, division 14, section 25-5-142, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended to read as follows: "(a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Amusement and recreation facilities, indoor. (4) Animal hospitals. (5) Animal quarantine stations. (6) Apiaries. (7) Aquaculture activities. (8) Automobile and truck storage facilities. (9) Automobile and truck sales and rentals. (10) Automobile service stations. (11) Bakeries. (12) Bars. (13) Broadcasting stations. (14) Car washing. (15) Carpentry, hardwood products and furniture manufacturing and storage establishments. (16) Catering establishments. (17) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (18) Cleaning and dyeing plants. (19) Commercial parking lots and garages. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (21) Crematoriums, funeral homes, funeral services, and mortuaries. (22) Day care centers. (23) Financial institutions. (24) Food manufacturing and processing facilities. (25) Greenhouses, plant nurseries. (26) Heavy equipment sales, service and rental. (27) Home improvement centers. (28) Junkyards, provided that the building site is not less than one acre in area. (29) Laboratories, medical and research. (30) Laundries. 17 (31) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (32) Manufacturing, processing and packaging establishments, light. (33) Meeting facilities,, including special events, as permitted under section 25-4- 17. (34) Motion picture and television production studios. (35) Photographic processing. (36) Plumbing, electrical, air conditioning and heating establishments. (37) Primary airports, provided that plan approval is secured from the director. (38) 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. (40) Recycling centers, which do not involve the processing of recyclable materials. (41) Repair establishments, minor. (42) Restaurants. (43) Self storage facilities. (44) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Transportation and tour terminals. (48) Truck, freight and draying terminals. (49) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (50) Utility substations, as permitted under section 25-4-11. (51) Veterinary establishments. (52) Vocational schools. (53) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. (54) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products." 21. SECTION 26 of Bill No. 60, Draft 2, which amends chapter 25, article 7, division 2, section 25-7-22, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending subsection (a), is amended 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) Apiaries. (4) Art galleries. 18 (5) 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. (6) Bakeries. (7) Bars, cocktail lounges and night clubs. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses. (10) Broadcasting stations or studios (radio and television). (11) Business services. (12) Car washing, provided that the facilities are not detrimental to the character of the district. (13) Commercial parking lots and garages. (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. (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, including special events, as permitted under section 25-4- 17. (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. 19 (36) Photography and artist studios. (37) 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 25-4-1 L" Due to the limited scope of this amendment, a copy of the new draft of this bill that would result if it were adopted is not attached. AK:kj KII