HomeMy WebLinkAboutBIL 154 Draft 02 2024-2026 COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 154
ORDINANCE NO. (DRAFT 2)
AN 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 regulate privately operated commercial
parking lots and garages by prohibiting new facilities in certain zoning districts,requiring a use
permit for new facilities in the Resort-Hotel zoning district,and allowing existing lawful uses to
continue, subject to applicable nonconforming use provisions.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaii 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 9, section 25-5-92, division 11, section 25-
5-112, division 12, section 25-5-122,division 13, section 25-5-132, division 14, section 25-5-
142, and division 15, section 25-5-152,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. Chapter 25, article 5, division 9, section 25-5-92, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by inserting a paragraph reading
"Commercial parking lots and garages."in subsection(b) and appropriately renumbering all
subsequent paragraphs.
SECTION 5. Chapter 25, article 7, division 3, section 25-7-37, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-7-37. Other regulations.
(a) Plan approval is required for all new structures and additions to existing structures
in the UNV district.
(b) A maximum of twenty percent of a UNV district's land area may be in commercial
use, including parking[:] lots and garages.
(c) The planning director has the authority to vary the parking requirements for on-
campus housing, offices and for pedestrian-oriented commercial uses."
SECTION 6. 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
Hawaii 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 7. 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 8. 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.
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SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
HOLEKA GORO INABA,Ed.D.
Council Member
REBECCA VILLEGAS
Council Member
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 866.7
l e II IDII IIII11I 1 IIIII
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