HomeMy WebLinkAboutBIL 154 Draft 01 2024-2026AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1, 5, AND 7, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMERCIAL PARKING LOTS AND GARAGES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Findings and purpose. The Council finds that privately operated commercial parking lots and garages, including situations where parking is offered for compensation, may
contribute to additional vehicle circulation, traffic congestion, and land use patterns that are inconsistent with the County’s planning objectives, including the efficient use of land
for housing, agriculture, and community benefit.
The Council further finds that the practice of charging compensation for parking may encourage increased parking demand and turnover, which may incrementally add to traffic and circulation
in surrounding areas.
Additionally, publicly owned paid parking facilities are distinguishable from privately-owned parking facilities as they are operated for public purposes, including providing access
to government services and supporting broader transportation objectives, and are subject to public planning, oversight, and policy controls.
Therefore, regulating privately operated commercial parking activities, including the practice of charging compensation for parking, is appropriate to support orderly development consistent
with the Hawai‘i County General Plan.
This ordinance is adopted pursuant to the County’s zoning authority under Hawai‘i Revised Statutes, Section 46-4. The Council finds that this ordinance does not deprive property owners
of all economically beneficial use of their property, as other permitted uses remain available.
Accordingly, the purpose of this ordinance is to prohibit the establishment of new privately operated commercial parking lots and garages as well as the practice of charging compensation
for parking while allowing existing lawful uses to continue, subject to applicable nonconforming use provisions.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending the definition of “commercial parking lot and garage”
in subsection (b) to read as follows:
““Commercial parking lot and garage” means any privately-owned building or parking area designed or used for temporary paid parking of automotive vehicles[, which is not accessory to
another use on the same building site and within which no vehicles are repaired].”
SECTION 3. Chapter 25, article 5, division 11, section 25-5-112, division 12, section 25-5-122, division 13, section 25-5-132, division 14, section 25-5-142, division 15, section 25-5-152,
and article 7, division 2, section 25-7-22, of the Hawai‘i County Code 1983 (2016 Edition, as amended), are amended by deleting each paragraph reading “Commercial parking lots and garages.”
in the respective subsections (a) thereof and appropriately renumbering all subsequent paragraphs.
SECTION 4. Any privately-owned commercial parking use lawfully existing prior to the effective date of this ordinance that does not conform to the provisions of chapter 25 of the Hawai‘i
County Code (2016 Edition, as amended), as amended herein, shall be deemed a lawful nonconforming use and may continue in accordance with the provisions applicable to nonconforming
uses.
SECTION 5. 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 6. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: