HomeMy WebLinkAboutCOM 0313.031 2024-2026Ashley L. Kierkiewicz
Council Member
District 4 Puna
Office: (808) 961-8265
Fax: (808) 961-8912
ashley.kierkiewicz@hawaiicounty.gov
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HAWAI`I COUNTY COUNCIL
Hawaii County Building
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25 Aupuni Street • Hilo, Hawaii 96720
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DATE: August 20, 2025
TO: Dr. Holeka Goro Inaba, Council Chair
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and Members of the Hawaii County Council'
FROM: Ashley L. Kierkiewicz, Council Member
SUBJECT: Proposed Amendments to Bill No. 60, Draft 3; 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 3. The amendment is
shown below in Ramseyer format with respect to the content of Bill No. 60, Draft 3; material to
be deleted is bracketed and stricken, and material to be added is underscored.
1. SECTION 5 of Bill No. 60, Draft 3, 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.
Comm. N .
Ref. To: 1
Hawai `i County is an Equal Opportunity Provider and EmployerRef. Date l�� Q
(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, 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.
[ ,
!A and n d stfi is ]
[(1-2)] , LIJ Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V,,
CG, CV, MCX, ML, MG and O districts.
[( 3}] 12 Wind energy facilities in the O district; provided that the property is
within the state land use agricultural district.
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.
(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."
2. SECTION 6 of Bill No. 60, Draft 3, which amends chapter 25, article 2, division 7, section
25-2-71, of the Hawaii County Code '1983 (2016 Edition, as amended) by amending
subsection (c), 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.
2
(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 ] 25-4-8.
(5) Utility substations, as authorized under section 25-4-11.
(6) Special events, as defined in section 25-1-5."
3. SECTION 10 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 1, section
25-5-3, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending
subsections (a) and (b), is amended to read as follows:
"(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Apiaries.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities, as permitted under section 25-4-17.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Telecommunication antenna and towers, as permitted under section 25-4-12.
[{- ] 15 Temporary real estate offices, as permitted under section 25-4-8.
[(1-5)] LU6 Utility substations, as permitted under section 25-4-11.
(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.
[ •]
[(44)] LDO Yacht harbors and boating facilities."
4. SECTION 11 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 2, section
25-5-22, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending
subsections (a) and (b), is amended to read as follows:
"(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments as permitted under section 25-4-7.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Crop production.
(6) Dwellings, double -family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities, as permitted under section 25-4-17.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(16) Telecommunication antenna and towers, as permitted under section 25-4-12.
[(10] LU7 Temporary real estate offices, as permitted under section 25-4-8.
[(1-7)] tU8 Utility substations, as permitted under section 25-4-11.
(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.
0
[ •]
[(I-G)] (D Yacht harbors and boating facilities."
5. SECTION 12 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 3, section
25-5-32, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending
subsections (a) and (b), is amended to read as follows:
"(a) The following uses shall be permitted in the RM 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, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(7) Crop production.
(8) Dwellings, double -family or duplex.
(9) Dwellings, multiple -family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities, as permitted under section 25-4-17.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapters 514A or 514B, Hawaii Revised Statutes.
(19) Telecommunication antenna and towers, as permitted under section 25-4-12.
["] LO) Temporary real estate offices, as permitted under section 25-4-8.
[(2-9)] k2lTime share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
[(2-1)] 22 Utility substations, as permitted under section 25-4-11.
9
(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 properly 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.
fi�.-�ieafien anternias and towers.]
[(1-0)] 0 VvYacht harbors and boating facilities."
6. SECTION 13 of Bill No. 60, Draft 3, 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.
(17) Meeting facilities, including special events, as permitted under section 25-4-
17.
(18) Model homes, as permitted under section 25-4-8.
R
(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) Special events.
(25) Telecommunication antenna and towers as permitted under section 25-4-12.
[(24)] (26) Utility substations, as permitted under section 25-4-11."
7. SECTION 14 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 5, section
25-5-52, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending
subsections (c) and (d), 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) Special events.
[(9)] 10 Yacht harbors and boating facilities."
8. SECTION 15 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 6, section
25-5-62, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending
subsections (c) and (d), 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.
VA
(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) Special events."
9. SECTION 16 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 7, section
25-5-72, of the Hawaii County Code 1983 (2016 Edition, as amended) by amending
subsections (c) and (d), 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.
,(9) Special events."
10. SECTION 17 of Bill No. 60, Draft 3, 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 redesignated to amend subsection (b) and amended to read as follows:
"[(e)] f!?J 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."
8
11. SECTION 18 of Bill No. 60, Draft 3, 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) Special events.
[(3-2)] 33 Telecommunication antennas[,] and towers, as permitted under
section 25-4-12.
[(3)] (L41 Temporary real estate offices, as permitted under section 25-4-8.
[(34)] faQ Theaters.
[(3-5)] (L6A Time share units.
[{36}] 371 Utility substations, as permitted under section 25-4-11.
6
[{3f7)] 1 Visitor information centers."
12. SECTION 19 of Bill No. 60, Draft 3, 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.
10
(25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(26) Offices.
(27) Personal services.
(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)Special events.
[(3-5)] fL6� Telecommunication antennas[;] and towers, as permitted under section
25-4-12.
[(3-6)] Q7Theaters.
[(3-7)] fL81 Utility substations as permitted under section 25-4-11."
13. SECTION 20 of Bill No. 60, Draft 3, 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 [sei=viee staff ps.] sales and rentals.
(7) Automobile [ ales and rentals-.] service stations.
(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.
11
(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.
(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.
12
(49) Retail establishments.
(50) Schools.
(5 1) Short-term vacation rentals.
(52) Special events.
[(3--)] fL31 Telecommunication antennas[,] and towers, as permitted under section
25-4-12.
[(53)] CL41 Theaters.
[(54)] fj5J Time share units.
[(55)] L66 . Utility substations, as permitted under section 25-4-11.
[(*] ff7J Veterinary establishments."
14. SECTION 21 of Bill No. 60, Draft 3, 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
13
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.
(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) Special events.
[(45)] 4061 Telecommunication antennas[;] and towers, as permitted under section
25-4-12.
[(46)] (471 Temporary real estate offices, as permitted under section 25-4-8.
[(47-)] L481 Theaters.
[(48.)] (49) Utility substations, as permitted under section 25-4-1 l."
14
15. SECTION 22 of Bill No. 60, Draft 3, 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 [r] rentals.
(7) Automobile service stations.
(8) Bars, nightclubs and cabarets.
(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.
15
(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) Special events.
[ fl
(51) Telecommunication antenna and towers, as permitted under section 25-4-12.
[(54)] tQ Temporary real estate offices, as permitted under section 25-4-8.
[(5-2)] LL31 Theaters.
[(5-3)] Lj4� Utility substations, as permitted under section 25-4-11.
[(54)] k5Q Veterinary establishments in sound -attenuated buildings.
[(5-5)] (5Q Warehousing.
[(*] 57 Wholesaling and distribution operations."
16. SECTION 23 of Bill No. 60, Draft 3, 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 [ tamge f eilk es ] sales and rentals.
(9) Automobile and truck [sales aiid rentals-.] storage facilities.
(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.
16
(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.
(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) Special events.
[(44)] 45 Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(45)] (46) Telecommunication antennas[;] and towers, as permitted under section
25-4-12.
[(4-)] f47A Temporary real estate offices, as permitted under section 25-4-8.
[(47)] L481 Transportation and tour terminals.
[(48)] 4t9A Truck, freight and draying terminals.
[(49)] 5�0.) Utility facilities, public and private, including offices or yards for
equipment, material, vehicle storage, repair or maintenance.
[0-0)] (LIJ Utility substations, as permitted under section 25-4-11.
17
[(�)] 0-2-1 Veterinary establishments.
[(5-2)] fL31 Vocational schools.
[(33)] fj4A Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
[(54)] 55 - Wholesaling and distribution, including the storage of incidental
materials and equipment, except for highly flammable or explosive products."
17. SECTION 24 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 15, section
25-5-152, 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 MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Animal sales, stock, and feed yards.
(7) Apiaries.
(8) Aquaculture activities and facilities.
(9) Automobile and truck storage facilities.
(10) Automobile body and fender establishments.
(11) Automobile service stations.
(12) Bakeries.
(13) Bars.
(14) Breweries, distilleries, and alcohol manufacturing facilities.
(15) Broadcasting stations.
(16) Bulk storage of flammable products and bulk storage of explosive products.
(17) Car washing.
(18) Catering establishments.
(19) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(20) Cleaning and dyeing plants.
(21) Commercial parking lots and garages.
(22) Concrete or asphalt batching and mixing plants and yards.
(23) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(24) Crematoriums, funeral homes, funeral services, and mortuaries.
(25) Day care centers.
(26) Dumping, disposal, incineration, or reduction of refuse or waste matter.
(27) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
(28) Fabricating establishments.
(29) Fertilizer manufacturing plants.
(30) Financial institutions.
18
(31) Food manufacturing and processing facilities.
(32) Freight movers.
(33) Greenhouses, plant nurseries.
(34) Heavy equipment sales, service and rental.
(35) Home improvement centers.
(36) Junkyards.
(37) Kennels.
(38) Laboratories, medical and research.
(39) Laundries.
(40) Lava rock or stone cutting or shaping facilities.
(41) Lumberyards and building material yards.
(42) Machine, welding, sheet metal, and metal plating and treating establishments.
(43) Manufacturing, processing and packaging establishments, light and general.
(44) Marine railways, drydocks, and ship or boat yards.
(45) Meeting facilities, as permitted under section 25-4-17.
(46) Motion picture and television production studios.
(47) Photographic processing.
(48) Primary airports, provided that plan approval is secured from the director.
(49) Public dumps.
(50) Public uses and structures, as permitted under section 25-4-11.
(51) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(52) Recycling centers.
(53) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
(54) Repair establishments, major and minor.
(55) Restaurants.
(56) Saw mills.
(57) Self storage facilities.
(58) Slaughterhouses.
(59) Special events.
[(5-9))] LUO Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(60)] ( Storage, curing, or tanning of raw, green, or salted hides or skins.
[(W] &21 Telecommunication antennas[,] and towers, as permitted under section
25-4-12.
[(662)] 6�3) Temporary real estate offices, as permitted under section 25-4-8.
[(63)] 6�4) Transportation and tour terminals.
[(64)] &51 Truck, freight and draying terminals.
[(63)] fU6 Utility facilities, public and private, including power plants, offices or
yards for equipment, material, vehicle storage, repair or maintenance.
[(66)] �Q Utility substations, as permitted under section 25-4-11.
[(6-)] LU8 Veterinary establishments.
[(68)] &91 Warehousing.
19
[(v7-)] j Wholesaling and distribution, including the storage of incidental
materials and equipment.
[(7-0)] 71 Yacht harbors and boating facilities."
18. SECTION 25 of Bill No. 60, Draft 3, which amends chapter 25, article 5, division 16, section
25-5-162, 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 O district:
(1) [ .] Apiaries.
(2) [dies-:] Aquaculture activities and facilities.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Existing churches and temples of historical significance.
(5) Forestry.
(6) Game preserves.
(7) Growing of plants provided such growth does not impair a view intended to
be preserved in the O district.
(8) Heiaus, historical areas, structures, and monuments.
(9) Natural features, phenomena, and vistas as tourist attractions.
(10) Private recreational uses involving no aboveground structure except dressing
rooms and comfort stations.
(11) Public parks.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Telecommunication antenna and towers, as permitted under section 25-4-12.
[(- ] 14 Utility substations, as permitted under section 25-4-11."
19. SECTION 26 of Bill No. 60, Draft 3, 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.
(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).
20
(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.
(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.
21
(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)Special events.
[(45)] f461 Telecommunication antennas[,] and towers, as permitted under section
25-4-12.
[(46)] f471 Temporary real estate offices, as permitted under section 25-4-8.
[(4-7)] k481 Theaters, auditoriums and indoor sports arenas.
[(48)] (49� Utility substations, as permitted under section 25-4-11."
A copy of the new draft of this bill that would result if these amendments were adopted is
attached.
AK:kj
22
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4
ARTICLE 5, AND ARTICLE 7 OF THE HAWAI`I COUNTY CODE 1983 (2016
EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR
MEETING FACILITIES, CHURCHES, TEMPLES, SYNAGOGUES, AND
COMMUNITY BUILDINGS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Purpose. The purpose of this ordinance is to provide further clarification
to the definition and requirements for meeting facilities, and to remove references to churches,
temples, synagogues, and community buildings.
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 repealing the definition for "community
building":
SECTION 3. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by adding a new definition to be
appropriately inserted and 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."
SECTION 4. 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 definition for "meeting
facility" to read as follows:
««Meeting facility„ [moans " o „t f eilky for- .."Tsai+ r-eer-eational, seeial of
multi ptupese use, whiehhae e=oemight aeeeRHnedafiens, an whieh may be- e
afganizatiens operating on a membership basis for- the pr-emetion of Raeffiber-s' mutual
pr-ivate elubs urAen halls eem,,,;,�, " rfors and student " Rt 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.
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."
SECTION 5. 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.
[ ,
......uri...., sj'ii."..b.".5'..'.,.v .,...id vtaivi ..ruvu uistitutaviis, in RS, ) > >
FA and
provided #iat a fliiniffmm building si4e area of teii thousand square
feet is requir-edA414n the RS, RD, R, ets.]
[(4)] (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.
[(-5)] (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.
[{�}]() 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.
[(-8)] (7) Major outdoor amusement and recreation facilities in RCX, RA, A, CN,
CG, CV, MCX, ML, MG and O districts.
[(9)] (8) Medical clinics in RS, RD, RM, RA, FA, and A districts.
(9) Meeting facilities, 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) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and O districts.
(1.2) Wind energy facilities in the O district; provided that the property is within
the state land use agricultural district.
(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.
W
(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."
SECTION 6. Chapter 25, article 2, division 7, section 25-2-71 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (c) 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.
[(4)] (2) Public uses, structures and buildings [ ], as
permitted under section 25-4-11.
[(2)] (3) Telecommunication antennas and towers, as permitted under section
25-4-12.
[(-3)] (4) Temporary real estate offices and model homes, as permitted under
section 25-4-8.
[(4)] (5) Utility substations, as authorized under section 25-4-11.
(6)Special events, as defined in section 25-1-5."
SECTION 7. Chapter 25, article 4, division 1, section 25-4-11 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (c) to read as
follows:
"(c) Public uses, structures and buildings [ ] are permitted uses
in any district, provided that the director has issued plan approval for such use."
SECTION 8. Chapter 25, article 4, division 1, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by adding the following section to read as follows:
"Section 25-4-17. Meeting facilities.
(a) A meeting facilitymay be used for organizations operating on a membership basis
for the promotion of members' mutual interests or maybe primarily intended for
community purposes.
(b) Meeting facilities, which may include special events, are permitted:
(1) In the 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, religious, political
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 meetingfacility acility and
shall require plan approval, including compliance with all requirements of
plan approval, such as parking; and
(3) A meeting facility may be used for a special event, provided that a use permit
is obtained for the special event.
(d) 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."
SECTION 9. 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.
M
(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, RAJA, 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[, ineludiRg eh+iFehe ]: one for each [seveRl-f five] 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) Special 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.
(24) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(25) Swimming pools (community): one for each forty square feet of pool area.
(26) 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 10. Chapter 25, article 5, division 1, section 25-5-3 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsections (a) and (b) to read
as follows:
"(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Apiaries.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
L
[(5)] (4)
, a
Crop production.
[(.6)] (5)
Dwellings, single-family.
[(7)] (6)
Family child care homes.
[(8)](7),
Group living facilities.
[(9)] (8)
Home occupations, as permitted under section 25-4-13.
[0-0)] (9)
Meeting facilities[:], as permitted under section 25-4-17.
["] 10
Model homes, as permitted under section 25-4-8.
[(442)] 11
Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[{}] 12
Public uses and structures, as permitted under section 25-4-11.
13
Short-term vacation rentals situated in the general plan resort and resort
node areas.
[0-5)] 14
Telecommunication antenna and towers, as permitted under section 25-
4-12.
[{ }] ()
Temporary real estate offices, as permitted under section 25-4-8.
[{-lam}] (16)
Utility substations, as permitted under section 25-4-11.
(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) Churehes, temples and synagogues-.]
[(4)] (3) Crematoriums, funeral homes, funeral services, and mortuaries.
[(-5)] (4) Day care centers.
[(.6)].(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.
[(-7)] (6) Hospitals, sanitariums, old age, convalescent, nursing and rest.homes.
[(g)] (7) Medical clinics.
[(9)] (8) Schools.
(9) Special events.
(10) Yacht harbors and boating facilities."
SECTION 11. Chapter 25, article 5, division 2, section 25-5-22 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsections (a) and (b) to read
as follows:
"(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments as permitted under section 25-4-7.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
buildings,(5) GaRHviunity as ti1V11 2.J-r 1 1
[(6)] (5) Crop production.
[(-7)] (66,) Dwellings, double -family or duplex.
[(-8)] (7) Dwellings, single-family.
M] (8) Family child care homes.
[0-0)] (9) Group living facilities.
["] (10) Home occupations, as permitted under section 25-4-13.
[0-2)] (11) Meeting facilities[.-], as permitted under section 25-4-17.
) Model homes, as permitted under section 25-4-8.
13 Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
LU4 Public uses and structures, as permitted under section 25-4-11.
[0-6)] LLQ Short-term vacation rentals situated in the general plan resort and resort
node areas.
[{}] (16� Telecommunication antenna and towers, as permitted under section 25-
4-12.
(17) Temporary real estate offices, as permitted under section 25-4-8.
[(19)] LU8 Utility substations, as permitted under section 25-4-11.
(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.
, temples and synagegues-.]
[(3)] Q Crematoriums, funeral homes, funeral services, and mortuaries.
[(4)] (3) Day care centers.
[(-5)] (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.
M] (6) Medical clinics.
[(8)] Q Schools.
(8) Special events.
(9) Yacht harbors and boating facilities."
7
SECTION 12. Chapter 25, article 5, division 3, section 25-5-32 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsections (a) and (b) to read
as follows:
"(a) The following uses shall be permitted in the RM 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, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
LP
[(-8)] (7) Crop production.
[(s3)] (8) Dwellings, double -family or duplex.
[(G}] (9) Dwellings, multiple -family.
["] 10 Dwellings, single-family.
[(1-2)] 11 Family child care homes.
[(l-3)] 12 Group living facilities.
["] (13) Home occupations, as permitted under section 25-4-13.
[kl-5)] 14 Meeting facilities[:], as permitted under section 25-4-17.
[0-6)] (15) Model homes, as permitted under section 25-4-8.
[6-7)] (16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[(4-8)] (17) Public uses and structures, as permitted under section 25-4-11.
[09)] 18 Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapters 514A or 514B, Hawaii Revised Statutes.
[(2-0)] 119) Telecommunication antenna and towers, as permitted under section 25-
4-12.
[(24)] 2200) Temporary real estate offices, as permitted under section 25-4-8.
[(2-2)] 21 Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
[(2-3)] 22 Utility substations, as permitted under section 25-4-11.
(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) Gh ehos' temples a7 a nTf11GLge gIAes.]
[(-3)] Q Crematoriums, funeral homes, funeral services, and mortuaries.
[(4)] (3) Day care centers.
[(-5)] L4) 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)] (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
M] (6) Medical clinics.
[(.8)] M Schools.
(8) Special events.
(9) Yacht harbors and boating facilities."
SECTION 13. Chapter 25, article 5, division 4, section 25-5-42 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 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.
L and synagogues-.]
[(-7)] (6) Commercial or personal service uses, on a small scale, as approved by
the director.
[ .]
[(9)] Q Convenience stores.
[0-0)] (88,) Crop production.
["I L9) Day care centers.
[(1-2)] (10) Dwellings, double -family or duplex.
[{] 11 Dwellings, multiple -family.
12 Dwellings, single-family.
[0-5)] 13 Family child care homes.
[46-)] (14) Group living facilities.
["] (15) Home occupations, as permitted under section 25-4-13.
[(18)] (16) Medical clinics.
[(49 ] (17) Meeting facilities[:] including special events, as permitted under
section 25-4-17.
[{}] 18 Model homes, as permitted under section 25-4-8.
[(24)] (19) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
E
[{ }]() Public uses and structures, as permitted under section 25-4-11.
[(23)] 21 Restaurants.
[(2A)] 22 Schools.
[(25)] 23 Short-term vacation rentals situated in the general plan resort and resort
node areas.
(24)Special events.
[(26)] 25 Telecommunication antenna and towers, as permitted under section 25-
4-12.
[(2-7)] (26) Utility substations, as permitted under section 25-4-1 l."
SECTION 14. 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 (c) and (d) to read as
follows:
"(c) The following uses may be permitted in the RA district, provided that if a building
site is located within the State land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
[ 25 .]
[(3)] (2) Country clubs, tennis clubs and other similar recreational facilities
which include buildings or indoor recreational features.
[(43] M Drive-in theaters.
[(-:5)] L4) Guest ranches.
[(-6)] (5) Home occupations, as permitted under section 25-4-13.
[(7)] (6) Lodges.
[(9)] (7) Model homes, as permitted under section 25-4-8.
[0-0)] (8) Temporary real estate offices, as permitted under section 25-4-8.
[{ ]() Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(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.
s, temples a.0 synagogues-.]
[(4)] (3) Day care centers.
[(-5)] (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[(6)] (5) Major outdoor amusement and recreation facilities, includes stadiums,
sports arenas, and other similar open air recreational uses.
[(-7)] f Medical Clinics.
(7) Meeting facilities including special events as permitted under section 25-4-17.
(8) Schools.
(9) Special events.
10
[(A)] 10 Yacht harbors and boating facilities."
SECTION 15. 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 (c) and (d) to read as
follows:
"(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
> buildings, as r
[(-)] (3) Family child care homes.
[(-5)] (4) Home occupations, as permitted under section 25-4-13.
[( ) TNleecriigi'cc` ]
[(-7)] (5) Model homes, as permitted under section 25-4-8.
) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
[{�}]() Temporary real estate offices, as permitted under section 25-4-8.
) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(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.
[(3-)] (2) Crematoriums, funeral homes, funeral services, and mortuaries.
[(4)] (3) Day care centers.
[(-5)] (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[{-6)] (5) Major outdoor amusement and recreation facilities, includes stadiums,
sports arenas, and other similar open air recreational uses.
[(-7)] (6) Medical clinics.
(7) Meeting facilities including special events as permitted under section 25-4-
17.
(8) Schools.
(9) Special events."
SECTION 16. 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 (c) and (d) to read as
follows:
11
"(c) The following uses may be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
y ildia r
[(-5)] (4) Excavation or removal of natural building material or minerals, for
commercial use.
[(6)] (5) Family child care homes.
[{�}]() Guest ranches.
[(] M Home occupations, as permitted under section 25-4-13.
[(9)] (8) Lodges.
["] (9) Model homes, as permitted under section 25-4-8.
[02)] LLO) Public dumps.
[{}] 11 Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
12 Temporary real estate offices, as permitted under section 25-4-8.
U Trailer parks with density of three thousand five hundred square feet of
land area per trailer, provided that plan approval is secured prior to
commencing such use.
[00] (14) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(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) (' hu ehe temples o •,id synagogues-.]
[(4)] (3) Day care centers.
[(5)] (4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[(6)] (5) Major outdoor amusement and recreation facilities.
[(-7)] L6) Medical clinics.
(7) Meeting facilities including special events as permitted under section 25-4-
17. -
(8) Schools.
,(9) Special events."
SECTION 17. Chapter 25, article 5, division 8, section 25-5-82 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (b) to read as
follows:
"(b) The following uses may be permitted in the IA districts, provided that a special
12
permit is obtained for such use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
[(2) rhiffehes temples, or- synagogues,
ram s r,.
[(4)] (22) Day care centers.
[(-5)] (3) Hospitals.
(4) Meeting facilities including, special events as permitted under section 25-4-
17.
[(6)] (5) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
[(7)] (66) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes."
SECTION 18. Chapter 25, article 5, division 9, section 25-5-92 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 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.
[elm Ct1,,,.ehes temples, and syn ,, gu
[(M] (10) Commercial parking lots and garages.
[(Q) G buildings, .,opo m i# .1 der- semi. 2 4 1-.]
-t�
[(l-3)] 11 Day care centers.
[0-4)] 12 Dwellings, double -family or duplex.
[{l5-)] 13 Dwellings, multiple -family.
[(1-6)] 14 Dwellings, single-family.
[0-7)] 1155) Family child care homes.
["] (16) Financial institutions.
[{l-9)] 17 Group living facilities.
[(M] (18) Home occupations, as permitted under section 25-4-13.
[(24)] (19) Hotels.
[(2-2)] (20) Lodges.
[(2-3)] 21 Medical clinics.
[(24)] 22 Meeting facilities[.-] including special events as permitted under
section 25-4-17,
[(2-5)] 23 Major outdoor amusement and recreation facilities.
13
[(09)] , 44) Model homes, as permitted under section 25-4-8.
[(2-7)] (25) Parks, playgrounds, tennis courts, swimming pools, and other similar
open area recreational facilities.
) Personal services.
[(2-9)] 27 Photography studios.
[(3-0)] 28 Public uses and structures, as permitted under section 25-4-11.
[(347)] (29) Restaurants.
[(3-2)] (30) Retail establishments.
[(3-3)] (31) Short-term vacation rentals.
(32) Special events.
[(34)] 33 Telecommunication antennas and towers, as permitted -under section
25-4-12.
[(3-5)] 34 Temporary real estate offices, as permitted under section 25-4-8.
[(6)] (35) Theaters.
[(3-7)] fL6� Time share units.
[(8)] 37 Utility substations, as permitted under section 25-4-11.
[(39)] 3388) Visitor information centers."
SECTION 19. Chapter 25, article 5, division 10, section 25-5-102 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 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.
•]
[{ ]() Convenience stores.
[(l-2)] (10) Crematoriums, funeral homes, funeral services, and mortuaries.
["] 11 Crop production.
[04-)] 12 Day care centers.
[kl 5-)] 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
[{-I6-)] (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.
[(l-7)] 15 Dwellings, single-family.
(1166) 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.
[(20)] (18) Financial institutions.
[(24)] 19 Group living facilities.
[(22)] (20) Home occupations, as permitted under section 25-4-13.
[(23)] (21) Medical clinics.
[(24)] 22 Meeting facilities[..] including special events, as permitted under
section 25-4-17.
[(2-5)] 23 Model homes, as permitted under section 25-4-8.
[(26)] (24) Museums.
[(2-7)] 25 Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[{28}]() Offices.
[(2-9)] 27 Personal services.
[(3.Q)] (28) Photography studios.
[(3-0] (29) Public uses and structures, as permitted under section 25-4-11.
[(32)] QQ) Repair establishments, minor.
[(3-3)] 3311) Restaurants.
[{A] 32 Retail establishments.
[(3-5)] 33 Schools.
[(3)] 34 Short-term. vacation rentals situated in the general plan resort and resort
node areas.
(35) Special events.
[(3-7)] QQ Telecommunication antennas and towers, as permitted under section
25-4-12.
[(A] a7Theaters.
[(3-9)] (3388) Utility substations as permitted under section 25-4-11."
SECTION 20. 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.
15
(3) Apiaries.
(4) Art galleries, museums.
(5) Art studios.
(6) Automobile sales and rentals.
(7) Automobile service stations.
(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.
[(1-7-)] (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit
as the cleansing agent.
[{ }]() Commercial parking lots and garages.
y buildings, as re
18 Convenience stores.
[(24)] LL9� Crematoriums, funeral homes, funeral services, and mortuaries.
[(2-2)] 20 Crop production.
[(2-3)] 21 Day care centers.
[(24)] 22 Display rooms for products sold elsewhere.
[(2-5)] f 2 31 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.
[(2-6)] (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.
[(27)] L251 Dwellings, single-family.
[{ }]() Equipment sales and rental yards, and other yards where retail products
are displayed in the open.
[9-9)] 27 Family child care homes.
[(38)]() 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.
[(34)] 29 Financial institutions.
[(3-2)] (30) Group living facilities.
16
[(N] 31 Home occupations, as permitted under section 25-4-13.
[04)] (32) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[(3-5)] 33 Hotels.
[(36)] 34 Ice storage and dispensing facilities.
[(P)] 35 Laboratories, medical and research.
[(3)] (36) Laundries.
[(39)] 37 Light manufacturing, processing and packaging, where the only retail
sales outlet for products produced is on the premises where produced.
[(40)] Q 8-) Medical clinics.
[(44-)] (39) Meeting facilities[.] including special events, as permitted under
section 25-4-17.
[(42)] 40 Model homes, as permitted under section 25-4-8.
[(43)] 41 Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[(44)] 42 Offices.
[{}] k43 Personal services.
[(46)] 44 Photography studios.
[(47)] (45) Public uses and structures, as permitted under section 25-4-11.
[(48)] (46) Printing shops, cartographing and duplicating processes such as
blueprinting or photostating shops.
[(49)] (47) Repair establishments, minor.
[(59)] (448 , Restaurants.
[(S-1)] 49 Retail establishments.
[k5-2)] (50) Schools.
[(5-3-)] (5 1) Short-term vacation rentals.
(52)Special events.
[(54)] 53 Telecommunication antennas and towers, as permitted under section
25-4-12.
[(-55)] (54) Theaters.
[(*] f.�51 Time share units.
[(-7)] 56 Utility substations, as permitted under section 25-4-11.
[(W] 57 Veterinary establishments."
SECTION 21. 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 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.
17
(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.
> "as, as pemii#ed under- section 25-4-14-.]
["] 13 Convenience stores.
[06)] (14) Crematoriums, funeral homes, funeral services, and mortuaries.
[(44)] 15 Crop production.
[{ }]() 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.
[(2-9)] (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.
[(24�1 19 Dwellings, single-family.
[(2-2)] (20) Family child care homes.
[(23))] (2 1) 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.
[(24)] 22 Financial institutions.
[(2-5)] f L31 Group living facilities.
[(2-6)] k24Home occupations, as permitted under section 25-4-13.
[(27)] 25 Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[{}] a6� Hotels, when the design and use conform to the character of the area, as
approved by the director.
[{ ]() Laboratories, medical and research.
[(A] �L81 Lodges.
[{ ]() 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.
[(3-)] 00� Medical clinics.
[(3-3)] 31 Meeting facilities[:] including special events as permitted under
section 25-4-17.
) Model homes, as permitted under section 25-4-8.
18
[(�] 33 Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[(3)] (34) Offices.
[(3-7-)] 35 Personal services.
[(3-8)] (36) Photography studios.
[{9}] a7 Public uses and structures, as permitted under section 25-4-11.
[(48)] 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.
[(44-)] (39) Repair establishments, major, when there are not more than five
employees, as approved by the director.
[(42-)] (.40) Repair establishments, minor.
[(43-)] 4411,) Restaurants.
[(44)] 42 Retail establishments.
[(45)] (4�3 Schools.
[(46)] (44) Short-term vacation rentals.
(45) Special events.
[(47-)] (46) Telecommunication antennas and towers, as permitted under section
25-4-12.
[(48)] 47 Temporary real estate offices, as permitted under section 25-4-8.
[(49)] (48) Theaters.
[(58)] 49 Utility substations, as permitted under section 25-4-11."
SECTION 22. Chapter 25, article 5, division 13, section 25-5-132 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 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 rentals.
(7) Automobile service stations.
(8) Bars, nightclubs and cabarets.
(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.
, temples and synagogues.]
[{}] 14 Cleaning plants using only nonflammable hydrocarbons in a sealed unit
as the cleaning agent.
19
[{lam)] � Commercial parking lots and garages.
>buildings, nr
[{l-8)] (16) Convenience stores.
[k 9)] (17) Crematoriums, funeral homes, funeral services, and mortuaries.
[(2-9)] (18) Data processing facilities.
[(4)] L9_), Display rooms for products sold elsewhere.
[{-2-2-j] (2,00) Equipment sales and rental yards.
[{fir)] (21) Farmers markets.
[(24)] 22 Financial institutions.
[(2-5)] 23 Food manufacturing and processing.
[(2-6)] (24) Home improvement centers.
[(2-7)] 25 Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[(2-8)] LL6� Ice storage and dispensing facilities.
[(2-9)] 27 Kennels in sound -attenuated buildings.
[(3-0)] (28) Laboratories, medical and research.
[(3-1)] 29 Laundries.
[{3-2)] 30 Manufacturing, processing and packaging establishments, light.
[(3-3)] 31 Medical clinics.
[k34)] (32) Meeting facilities[:] including_ special events as permitted under
section 25-4-17.
[(3-5)] (33) Model homes.
[(3-6)] (34) Motion picture and television production studios.
[(3-7)] 35 Offices.
[(38)] (36) Personal services.
[{3-9)] 37 Photographic processing.
[(40)] (38) Photography studios.
[(41-)] 39 Plant nurseries.
[(42)] (40) Public uses and structures, as permitted under section 25-4-1 L
[(43)] 41 Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(44)] 42 Repair establishments, minor.
[(4-)] (43) Restaurants.
[(46)] k444 Retail establishments.
[{47}] aQ Sales and service of machinery used in agricultural production.
[(48)] fA6 Schools, business.
[(49)] 47 Schools, photography, art, music and dance.
[(-5-0)] (48) Schools, vocational.
[(54-)] (49) Self -storage facilities.
(50) Special events.
[{52)] 51 Telecommunication antenna and towers, as permitted under section 25-
4-12.
[{fir)] 52 Temporary real estate offices, as permitted under section 25-4-8.
53 Theaters.
[(5-5)] 5544) Utility substations, as permitted under section 25-4-11.
[�*- ] 555.) Veterinary establishments in sound -attenuated buildings.
20
[(I)] Warehousing.
[(-)] 57 Wholesaling and distribution operations."
SECTION 23. Chapter 25, article 5, division 14, section 25-5-142 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 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 sales and rentals.
(9) Automobile and truck storage facilities.
(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.
[(1 8) Chu ..twos, temples an . rugabues.]
[09)] (1188) Cleaning and dyeing plants.
[(M] LU9 Commercial parking lots and garages.
[ -]
[(2-2)] (20) Contractors' yards for equipment, material, and vehicle storage, repair,
or maintenance.
[P-3)] (21) Crematoriums, funeral homes, funeral services, and mortuaries.
[(2-4)] 22 Day care centers.
[(2-5)] (23) Financial institutions.
[(2-6)] (24) Food manufacturing and processing facilities.
[{2-7)] (25) Greenhouses, plant nurseries.
[(*] LL6) Heavy equipment sales, service and rental.
[(2-9-)] 27 Home improvement centers.
[(30)] (28) Junkyards, provided that the building site is not less than one acre in
area.
[(34)] 29 Laboratories, medical and research.
[(3-2-)] (30) Laundries.
21
[{r3}] 31 Lumberyards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
[04)] 32 Manufacturing, processing and packaging establishments, light.
(33) Meeting_ facilities including special events as -permitted under section 25-4-
17.
[(�5)] �341 Motion picture and television production studios.
[{36)] 35 Photographic processing.
[(3-7)] 3366) Plumbing, electrical, air conditioning and heating establishments.
[{3-8)] 37 Primary airports, provided that plan approval is secured from the
director.
[R9)] 38 Public uses and structures, as permitted under section 25-4-11.
[(40)] (39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[{41}] 40 Recycling centers, which do not involve the processing of recyclable
materials.
[(42)] 41 Repair establishments, minor.
[{-0-3)] � Restaurants.
[{44)] 43 Self storage facilities.
(44) Special events.
(45) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(46) Telecommunication antennas and towers, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Transportation and tour terminals.
(49) Truck, freight and draying terminals.
(50) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(51) Utility substations, as permitted under section 25-4-11. `
(52) Veterinary establishments.
(53) Vocational schools.
(54) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(55) Wholesaling and distribution, including the storage of incidental materials and
equipment, except for highly flammable or explosive products."
SECTION 24. Chapter 25, article 5, division 15, section 25-5-152 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 in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
22
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Animal sales, stock, and feed yards.
(7) Apiaries.
(8) Aquaculture activities and facilities.
(9) Automobile and truck storage facilities.
(10) Automobile body and fender establishments.
(11) Automobile service stations.
(12) Bakeries.
(13) Bars.
(14) Breweries, distilleries, and alcohol manufacturing facilities.
(15) Broadcasting stations.
(16) Bulk storage of flammable products and bulk storage of explosive products.
(17) Car washing.
(18) Catering establishments.
(19) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
[rem rt,,,,.ehes temples and synagogues-.]
[(24)] (20) Cleaning and dyeing plants.
[(2-2)] 21 Commercial parking lots and garages.
[ •]
[(24)] �LQ Concrete or asphalt batching and mixing plants and yards.
[9:5)] 23 Contractors' yards for equipment, material, and vehicle storage, repair,
or maintenance.
[(2,6)] 24 Crematoriums, funeral homes, funeral services, and mortuaries.
[(2-7-)] 25 Day care centers.
[{ ]() Dumping, disposal, incineration, or reduction of refuse or waste matter.
27 Expansion of an existing commercial excavation operation, provided
that plan approval is secured from the director.
[(3-0)] (,228) Fabricating establishments.
[(34)] (29) Fertilizer manufacturing plants.
[(3-2)] 30 Financial institutions.
[(3r)] (31) Food manufacturing and processing facilities.
[(34)] 32 Freight movers.
[(3-5)] a3l Greenhouses, plant nurseries.
[(3-6)] (34) Heavy equipment sales, service and rental.
[(3-7)] (35) Home improvement centers.
[(38)] (36) Junkyards.
[(3-9)] (37) Kennels.
[(40)] 38 Laboratories, medical and research.
[(44)] 39 Laundries.
[(4-2)] 40 Lava rock or stone cutting or shaping facilities.
[(43)] (41) Lumberyards and building material yards.
[{44)] fA21 Machine, welding, sheet metal, and metal plating and treating
establishments.
23
[{45A] 43 Manufacturing, processing and packaging establishments, light and
general.
[(46)] (44) Marine railways, drydocks, and ship or boat yards.
(45) Meeting facilities as permitted under section 25-4-17.
[(47)] (46) Motion picture and television production studios.
[(4 8)] (47) Photographic processing.
[(49)] 48 Primary airports, provided that plan approval is secured from the
director.
[(50)] 49 Public dumps.
[(54)] (50) Public uses and structures, as permitted under section 25-4-11.
[(52)] 51 Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(5-3)] 52 Recycling centers.
[(54)] (53) Reduction, refining, smelting, or alloying of metals, petroleum products
or ores.
[(5-5)] (54) Repair establishments, major and minor.
[(-*] (55) Restaurants.
[(5-7)] (56) Saw mills.
[(*] (57) Self.storage facilities.
[(59-)] 58 Slaughterhouses.
(59) Special events.
(60) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(61) Storage, curing, or tanning of raw, green, or salted hides or skins.
(62) Telecommunication antennas and towers, as permitted under section 25-4-12.
(63) Temporary real estate offices, as permitted under section 25-4-8.
(64) Transportation and tour terminals.
(65) Truck, freight and draying terminals.
(66) Utility facilities, public and private, including power plants, offices or yards
for equipment, material, vehicle storage, repair or maintenance.
(67) Utility substations, as permitted under section 25-4-11.
(68) Veterinary establishments.
(69) Warehousing.
(70) Wholesaling and distribution, including the storage of incidental materials and
equipment.
(71) Yacht harbors and boating facilities."
SECTION 25. Chapter 25, article 5, division 16, section 25-5-162 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 in the O district:
(1) Apiaries.
(2) Aquaculture activities and facilities.
24
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
L y buildings, as r
[(-S)] (4) Existing churches and temples of historical significance.
[(6)] f5l Forestry.
M] (6) Game preserves.
[(-8)] Q Growing of plants provided such growth does not impair a view
intended to be preserved in the O district.
[(9)] (8) Heiaus, historical areas, structures, and monuments.
n Natural features, phenomena, and vistas as tourist attractions.
[{}] 10 Private recreational uses involving no aboveground structure except
dressing rooms and comfort stations.
[0-2)] �Ul Public parks.
[{}] 12 Public uses and structures, as permitted under section 25-4-11.
13 Telecommunication antenna and towers, as permitted under section 25-
4-12.
[(4�] 1144) Utility substations, as permitted under section 25-4-11."
SECTION 26. 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) Apiaries.
(4) Art galleries.
(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.
L GeRHnupiity buildings, s ro
[0-5)] (14) Crop production.
[(W] 15 Display rooms for products sold elsewhere.
[07)] 116_) Dwellings, double -family or duplex, with a maximum density of five
hundred square feet of land area per rentable unit or dwelling unit.
25
[(Lsn 17 Dwellings, multiple -family, with a maximum density of five hundred
square feet of land area per rentable unit or dwelling unit.
) Dwellings, single-family.
[(2-0)] 19 Family child care homes.
[(24)] (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.
[(2-2)] 21 Financial institutions.
[(2-3)] 22 Group living facilities.
[(24)] f23 Home occupations, as permitted under section 25-4-13.
[(2-5)] 24 Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[(2-6)] 25 Hotels and apartment hotels with a maximum density of five hundred
square feet of land area per rentable unit.
[(2-7)] (26) Laundries other than those utilizing steam cleaning equipment,
provided that the facilities are not detrimental to the character of the district.
[(2-8)] 27 Manufacturing, processing and packaging, light, provided that the
activities are not detrimental to the character of the district.
[(2-9)] (28) Medical clinics.
[(3-9)] (29) Meeting facilities[:] including special events, as permitted under
section 25-4-17.
[(3-1-)] (30) Model homes, as permitted under section 25-4-8.
[(3-2)] 3311) Modeling agencies.
[k3-3)] 32 Museums and libraries.
[(34)] 33 Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
[(3-5)] L41 Offices.
[(3-6)] LL51 Personal services.
[(3-7)] (36) Photography and artist studios.
[(3.8)] 37 Public uses and structures, as permitted under section 25-4-11.
[(3-9)] 3388,) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
[(40)] (39) Repair establishments, minor.
[(44-)] (40) Restaurants.
[(42)] 41 Retail establishments, provided that they are not detrimental to the
character of the district.
[(43)] L,12 Schools, business.
[(44)] fA31 Schools, photography, art, music, dance or other similar studios or
academies.
[(4-)] (44) Schools, vocational.
(45) Special events.
(46) Telecommunication antennas and towers, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
26
(48) Theaters, auditoriums and indoor sports arenas.
(49) Utility substations, as permitted under section 25-4-11."
SECTION 27. 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 28. 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 application 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 29. This ordinance shall take effect upon its approval.
27