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Home My WebLink AboutORD 2000-152 2000-2002 „y V Os y~ 4~' Y~i COUNTY OF HAW ; • ' ~ • TATE OF HAWAII ~t1f~'O, •N'•Yr` BILL NO. 240 ORDINANCE NO. 00 152 AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO BED AND BREAKFAST ESTABLISHMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII• SECTION 1. Section 25-1-5(b)13, Article 1, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended as follows "Section 25-1-5 Defimtions (b) The following words and phrases, unless the context otherwise requires, aze defined as follows (13) "Bed and breakfast establishment" means [a] ~ single-family [dwelling,] dwellmes [including a single] and/or guest [house,] houses (pursuant to section 25-4-91, which have been permitted on a buildtn¢ site, in which ovenught accommodations and only breakfast meals aze provided to a maximum often guests, for compensation, for penods of less than thirty days " SECTION 2. Section 25-2-73, Article 2, Division 7, Chapter 25 (Zoning Code) of the Hawaii County Code, is repealed as follows ["Section 25-2-73 Plan approval application requirements for bed and breakfast establishments In addition to the application regwrements for plan approval contained m section 25-2-72, an application for plan approval for a bed and breakfast establishment shall contain the following information (1) The designatton of each proposed bed and breakfast guest bedroom on the site plan, (2) A copy of the operator's curent transient accommodations tax license and general excise tax license, (3) Documentation to verify that the bed and breakfast establishment complies with all applicable requirements of the state departrnent of health, and (4) Documentation to verify that the bed and breakfast establishment complies with all of the accessibility requirements under the Americans with Disabilities Act (ADA): SECTION 3 Section 25-4-7, Article 4, Division 1, Chapter 25 (Zoning Code) of the Hawazi County Code, is amended as follows: "Section 25-4-7 Bed and breakfast establishments (a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, [RA, FA, A,] V, CN, CG and CV distracts[, provided that plan approval for any bed and breakfast establishment is secured from the director prior to the establishment of such use] Abed and breakfast establishment may be permitted in the RS distracts and RA. FA. A distracts, within the state land use urban district. provided that a use permit is obtained for each such use [and that plan approval for each such use has been secured from the director] A special permit shall also be required for any bed and breakfast establishment located to either the state land use rural or agricultural distrtcts (b) Abed and [bed] breakfast establishment shall be subject to the following [restrictions and] standards (1) The bed and breakfast establishment shall be [accessory and] subordinate and clearly or customarily incidental to the principal use as a residence by its [owners or lessee] o_perator[.] and not alter or be detrimental to the character of the surroundin¢ azea (2) The [owner-operator or lessee-operator] o ep rator of the bed and breakfast establishment shall reside on the same building site as that being used for the bed and breakfast establishment [For purposes of this section, alessee-operator means a lessee holding a lease of five years or more, for the residence and land on which the bed and breakfast establishment is located ] (3) The bed and breakfast establishment may be located on a building site. within [a] ~ single-family [dwelling] dwellines [umt and a] .and/or guest [house,] houses (pursuant to section 25-4-9) on a building site] -2- (4) The bed and breakfast establtshment shall contazn no more than five guest bedrooms for rent to guests [(5) In the RS and RD distncts, the mtmmum lot size for a bed and breakfast establishment ~th three to five guest bedrooms shall be fifteen thousand square feet, and any lot less than fifteen thousand squaze feet shall not have more than two guest bedrooms In the RA, FA and A dtstrtcts, the mtntmum lot size for a bed and breakfast establtshment with three to five guest bedrooms shall be the mmintum lot stze specified for the applicable zoning distnct ] [(6)] f 5~ The maximum number of guests permttted wtthm a bed and breakfast establtshment at any one time shall be ten [(7)] ~ Only breakfast meals may be offered to guests. The serving of breakfast meals on the buildin¢ site. for a fee to tndrvtduals other than registered guests shall be prohibited. Abed and breakfast establishment shall not operate as a food service establishment (i.e. a restaurantl, unless [a food service establishment (i.e. a restaurant)] such use is [listed as] a permitted use within the zoning district[ ]and the required permits have been acquired. [(8)] u One paved (with materials such as bricks, concrete, asphalt concrete surface or chip-seal, pavers, stones) off-street parking stall shall be provided for each guest bedroom, in addition to the required stall(s) for the dwelling unit[, provided] e. xceot that in the RS, RA, FA and A distracts paved pazking stalls shall not be required as long as the material used for the pazking stalls well eliminate erosion, mud and standing water within the parking stall area. [(9)] js~ Exterior signage which advertises the dwelling as a bed and breakfast establishment shall comply with the requirements for residential signage as set forth in chapter 3 (advertising and signs) of [this code] the Hawaii Countv Code [(c) No bed and breakfast establishment shall be permitted on any building site on which an ohana dwelling, approved by the director, is situated ] [(d)] ~ Any bed and breakfast establishment which has not received [plan approval] thg ~uired permits shall be considered illegal under this chapter[.], unless otherwise noted herein [(e)] ~ Any bed and breakfast establishment existing as of the effec 've date [of adoption] of this section[, which conforms] and conformin¢ to the standazds contained in section 25-4- 7(b)[, and] wlvch has not received [plan approval, and, as applicable, has not been issued either a special permit or a use permit,] the permits required under Section 25-4-7(al may continue [as a -3- non-conforming] such use [until September 30, 1997 at which time any such] for twelve months following the effective date of this section After this date. continued use without [receipt of plan approval and, as applicable, a use permit or a special permit,] having subtmtted the necessary oemvt apolications shall be considered illegal under this chapter [Prior to June 30, 1997, any person may apply for plan approval and for a use permit or a special permit for any bed and breakfast establishment existing as of the date of adoption of this section conforming to the standazds of section 25-4-7(b) and not otherwise permitted, and upon issuance of the required permits and approvals, the use shall be considered a permitted use ] [(f)] j~ The conditions contained in any use permit issued for a bed and breakfast establishment prior to the adoption of this section shall continue to apply to the bed and breakfast establishment, notwithstanding provisions to the contrary contained in this section " SECTION 4. Material to be repealed is bracketed. New material is underscored In printing this ordinance, the brackets, bracketed material and underscoring need not be included SECTION 5 If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect the 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 aze declazed to be severable SECTION 6 Tlus ordinance shall take effect upon its approval INT ODUCED BY~ ` ,1 U i CO CI MEMBER, CO TY OF HAWAII Hilo, Hawau Date of Introduction November 29 , 2000 Date of 1st Reading Piweriber 29, 2000 Date of 2nd Reading Deoenber 20, 2000 Effective Date December 26, 2000 -4- OFFICE OF THE COUNTY CLERK ~ - CountyofHawaii xilo ,Hawaii 'l,'; L_~ L6 F(~ ~1 CJ (Draft 9) RpLL CALL VO'd'E _AYvrS NOES :p.BS EX Introduced By: Bobby Jean Leithead-Todd prakaln Datelntroduced November 29, 2000 Chung X FirsiReadmg November 29, 2000 Elanonoff X Published N/A Jacobson X Leithead-Todd X RE~ifARKS Pisiccluo X Snuth X Tyler X Yagong X 9 0 0 0 SecondReadmg December 20, 2000 ROLL CALL VOTE To Mayor December 21, 2000 AYES NOES ABS EX Returned December 26, 2000 .yob X Effectie•e December 26, 2000 Chung X Published January 8 2001 Elanonoff X Jacobson X RE4L1Rl.J Leithead-Todd X Pisiwhio X Smith X Tyler X Yagong X 8 0 1 0 I DO HEREBY CER77FY that the foregoing BILL was adopted by the County Council published as rndtcated above APPROVED AS TO FORM AND LEGALITY: DEPUTY L~SI~ TION COUNSEL COUNTY OF HAWAII NCIL CIlAlRMA.'v' Date /~'~1-l~D -For~o~+,-~- c~cF~-c~ pprove Disapproved this a-~r~ day aj ~DI.GGV~rn' ~0 OU ~ / ~ Hill No 240 (Draft 9 ) MAYOR, CO(INTYOFHAWAII Reference c-734.007/ec-119 Ord No 00 152 gas -