HomeMy WebLinkAboutBIL 126 Draft 02 2024-2026AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1, 3, 5, AND 7, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPECIAL DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Purpose and findings. The purpose of this ordinance is to reinforce and promote the role of Downtown Pāhoa as a cultural and economic hub for Pāhoa and the surrounding Lower
Puna communities, in alignment with the vision set forth in the Puna Community Development Plan. By establishing the Downtown Pāhoa Commercial (hereinafter “DPC”) district and providing
clear standards for mixed-use development, this ordinance seeks to encourage sustainable economic growth while preserving and celebrating Pāhoa’s unique cultural, historic, and environmental
identity.
The Council finds that Downtown Pāhoa serves as an important center for commerce, culture, and community gathering within the Puna region. The Council further finds that the area’s distinct
historic development pattern and community character are not fully accommodated by existing zoning classifications, giving rise to a need for more flexible zoning and land use regulations.
Allowing a broader mix of commercial, residential, cultural, and creative uses will support locally-owned businesses, expand housing opportunities, strengthen community resilience,
and promote a more walkable and vibrant town center.
The DPC district established by this ordinance is intended to support the long-standing community planning framework developed through the Puna Community Development Plan and related
planning efforts for Pāhoa Village. Consistent with this area-wide planning approach, the Council finds it appropriate to identify suitable areas for the district and allow individual
property owners within those areas to voluntarily elect participation in the district.
This approach promotes investment and adaptive reuse, reduces unnecessary costs and procedural burdens associated with individual change of zone applications, supports the existing community
planning framework, while also remaining subject to legislative oversight through the Council’s authority to designate eligible areas.
Accordingly, this ordinance establishes the DPC District, identifies permitted uses and development standards for the district, and creates procedures to facilitate voluntary participation
in the district while advancing economic vitality, cultural preservation, housing opportunity, and community-centered development.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by adding definitions to be appropriately inserted in subsection
(b) and to read as follows:
““Co-working and innovation hub” means an establishment where office space, supplies, amenities, and other related services are shared among multiple businesses or individuals.”
““Creative media space” means a facility used for the production of creative media, including film, television, graphic design, website development, video games, and other digital content,
or for the instruction of skills, techniques, methods, and processes used therein. Creative media spaces typically include, but need not have, a sound stage, audiovisual recording and
editing equipment, and office space.”
““Cultural enterprise” means an establishment primarily involved in the creation, display, and sale of arts, crafts, music, performances, activities, and educational experiences related
to the cultural heritage of Hawai‘i.”
SECTION 3. Chapter 25, article 3, section 25-3-2, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows:
“Section 25-3-2. Designation of special districts.
The special zoning districts of the County shall consist of the following:
(1) Kailua Village design commission (article 7, division 1).
(2) CDH, Downtown Hilo commercial district (article 7, division 2).
(3) UNV, University district (article 7, division 3).
(4) PD, Project districts (article 6, division 4).
(5) APD, Agricultural project districts (article 6, division 5).
(6) PVD, Pāhoa Village Design district (article 7, division 4).
(7) DPC, Downtown Pāhoa commercial district (article 7, division ).”
SECTION 4. Chapter 25, article 4, division 1, section 25-4-15, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as follows:
“(a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, [and] MCX, and DPC districts.”
SECTION 5. Chapter 25, article 4, division 1, section 25-4-17, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by amending subsection (b) to read as follows:
“(b) Meeting facilities, which may include special events, are permitted:
(1) In the RCX, V, CN, CG, CV, MCX, ML, MG, [and] CDH, and DPC 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.”
SECTION 6. Chapter 25, article 4, division 5, section 25-4-59.2, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows:
“Section 25-4-59.2. Exceptions to the off-street parking and loading
requirements.
The off-street parking and loading requirements of this chapter shall not apply to the following:
[(a)] (1) Non-residential uses located within that area in the City of Hilo, bounded by Kino‘ole Street, Ponahawai Street, and an imaginary straight line extension of Ponahawai Street
into Hilo Bay and Wailuku River[.];
[(b)] (2) Dwelling units with a maximum density of one thousand square feet of land area per unit or less, within that area in the City of Hilo, bounded by Kino‘ole Street, Ponahawai
Street, and an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River[.];
[(c)] (3) That area immediately fronting either side of that portion of the Hawai‘i Belt Highway which runs from the real property designated as tax map key no: 7-9-7-66 to the real
property designated as tax map key no: 7-9-9:22, in Kainaliu, North Kona[.]; and
[(d) Those lots in the PVD district having a total area of less than seven thousand five hundred square feet and that have frontage on Pāhoa Village Road between Post Office Road and
the eastern intersection of Akeakamai Loop and Pāhoa Village Road; provided that any lot created through parcel consolidation does not result in a lot having a total area of seven thousand
five hundred square feet or more, or a parcel consolidation and resubdivision that results in the creation of additional building sites after May 28, 2015 shall provide off-street parking
in accordance with the requirements of this chapter.]
(4) Any property wholly within the DPC district, except as may be otherwise required by plan approval.”
SECTION 7. Chapter 25, article 7, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by adding a division to be appropriately inserted and to read as follows:
“Division . Downtown Pāhoa Commercial District.
Section 25-7- . Purpose and applicability.
(a) The DPC (downtown Pāhoa commercial) district is established to:
(1) Encourage a dynamic town where environment, culture, commerce, and community coexist harmoniously;
(2) Support diverse economic development, with an emphasis on locally-owned businesses;
(3) Celebrate the historical and cultural heritage of Pāhoa in alignment with applicable design guidelines of the PVD district;
(4) Enhance the quality of life of residents and visitor experiences through improved infrastructure and amenities;
(5) Provide opportunities for recreation, dining, cultural practices, creative activities, education, business and commercial services, and community programs in a safe and walkable
built environment; and
(6) Promote housing availability and community-driven economic growth through mixed residential-commercial development.
(b) The zoning requirements of this district shall not be applicable to any parcel, unless wholly within the PVD district.
Section 25-7- . Designation of the DPC district.
The DPC (downtown Pāhoa commercial) district shall be designated by the symbol “DPC.”
Section 25-7- . Permitted uses.
(a) The following uses shall be permitted in the DPC district:
Adult day care homes.
Agricultural products processing, minor.
Agricultural tourism, as permitted under section 25-4-15.
Amusement and recreation facilities, indoor.
Apiaries.
Art galleries.
Automobile service stations.
Bakeries.
Bars and cocktail lounges.
Boarding facilities, rooming, or lodging houses.
Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants.
Breweries, distilleries, and alcohol manufacturing facilities.
Broadcasting stations or studios (radio and television).
Business services.
Car washing, provided that the facilities are not detrimental to the character of the district.
Catering establishments.
Co-working and innovation hubs.
Creative media spaces.
Cultural enterprises.
Display rooms for products sold elsewhere.
Dwellings, double-family or duplex, with a minimum density of five hundred square feet of land area per rentable unit or dwelling unit.
Dwellings, multiple-family, with a maximum density of five hundred square feet of land per rentable unit or dwelling unit.
Dwellings, single-family.
Family child care homes.
Farmers markets.
Financial institutions.
Food manufacturing and processing facilities.
Group living facilities.
Home occupations, as permitted under section 25-4-13.
Hospitals, old age, nursing and rest homes.
Ice storage and dispensing facilities.
Laundries other than those utilizing steam cleaning equipment, provided that facilities are not detrimental to the character of the district.
Manufacturing, processing and packaging, light, provided that the activities are not detrimental to the character of the district.
Medical clinics.
Meeting facilities, including special events, as permitted under section
25-4-17.
Modeling agencies.
Museums and libraries.
Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses.
Offices.
Personal services.
Photography and art studios.
Printing and publishing, including print shops and publishing houses, and digital media production studios.
Public uses and structures, as permitted in section 25-4-11.
Repairs establishment, minor.
Restaurants.
Retail establishments, provided that they are not detrimental to the character of the district.
Schools, business.
Schools, photography, art, music, dance or other similar studios or academies.
Schools, vocational.
Special events.
Storage and sale of seed, feed, fertilizer, and other products essential to agriculture production.
Theaters, auditoriums and indoor sports arenas.
Wholesaling and distribution operations.
(b) Residential uses in connection with the operation of any permitted use shall be permitted in the DPC district.
(c) Buildings and uses normally considered accessory to the above uses shall also be permitted in the DPC district.
Section 25-7- . Height limit.
The height limit in the DPC district shall be thirty feet.
Section 25-7- . Minimum building site area.
The minimum building site area in the DPC district shall be seven thousand five hundred square feet.
Section 25-7- . Minimum building site average width.
Each building site in the DPC district shall have a minimum building site average width of fifty feet.
Section 25-7- . Minimum yards.
Front, rear, and sides: none, except as required by plan approval.
Section 25-7- . DPC eligibility; designated area.
(a) The following areas, as determined by the zoning district boundaries as of the effective date of this ordinance, are designated as eligible for the DPC zoning district:
(1) All parcels having road frontage on the northern side of Pāhoa Village Road, between Post Office Road and Akeakamai Loop, that are wholly or partially within the RS zoning district;
(2) Any contiguous area covered by two or more adjacent parcels having road frontage on Akeakamai Loop or on the northern side of Pāhoa Village Road, between Post Office Road and its
eastern terminus, that are wholly or partially within the CV zoning district;
(3) Any contiguous area covered by two or more adjacent parcels having road frontage on the southern side on Pāhoa Village Road that are wholly or partially within the CV zoning district,
exclusive of any area within the State land use agricultural district; and
(4) All parcels adjacent to any area hereinabove described that are wholly within the CV zoning district.
(b) The designation set forth in subsection (a) does not constitute a change of zone and any property so designated remains subject to its underlying district classification, until the
owner elects to change the zone of the property pursuant to the following section.
Section 25-7- . DPC election; administrative procedures.
(a) Notwithstanding any provision to the contrary, the DPC change of zone process set forth in this section is exempt from article 2, division 4, of this chapter.
(b) Any owner of property designated under the preceding section may submit to the director a written election, in a form prescribed by the director, for a change of zone to DPC.
(c) Upon verification that the owner and property are eligible for the DPC zoning district, the director shall change the district classification of the property to DPC.
(d) A change of zone under this section shall have the same force and effect of law as if made in accordance with article 2 of this chapter.
(e) Any use or structure existing at the time of a change of zone under this section that conforms to the requirements and standards of the DPC zoning district is deemed conforming.
Any use or structure existing at the time of a change of zone under this section that does not conform to the requirements and standards of the DPC zoning district is deemed nonconforming,
subject to article 4, division 6, of this chapter.
(f) Nothing in this section precludes or prevents any owner of property not designated under the preceding section to initiate an application for a change of zone under article 2, division
4, of this chapter.”
SECTION 8. 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 9. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 10. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: