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Home My WebLink AboutBIL 240 Draft 04 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. ''-~o ra ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2~ (ZONING CODE), OF THE HA~4'AII COCJNTY CODE 1983 (1995 EDITION), RELATING TO BED AND BREAKFAST ESTABLISHMENTS BE IT ORDAINED BY THE COL~1C[L OF THE COLNTY OF HAWAII SECTION 1. Seaton 2~-1-~(b)13, Article 1. Chapter 25 (Zontng Code) of the Hawatt County Code, is amended as follows "Seaton 2~-1-5 Detinrttons (b) The followme words and phrases, unless the context otherwise requires, are defined as follows (l3) "Bed and breakfast establishment" means [a] any single-family [dw•elhng,] dwellm~s [including a single] andior guest [house,] houses laursuant to sectton 25-4-91. which have been ~rmttted on a butldma site. m which ovetmght accommodations and only breakfast meals are provided to a maximum often guests, for compensation, for periods of less than thirty days " SECTION 2 Seaton 25-2-73, Article Division 7, Chapter 25 (Zontng Code) of the Hawau County Code, is repealed as follows ["sectton 25-2-73 Plan approval appltcatton requtrements for bed and breakfast establtsttments In addition to the appltcatton requtrements for plan approval contained to section 25-2-72, an appltcatton for plan appro~.tl for a bed and breakfast establishment shall contain the following information (1) The designation of each proposed bed and breakfast guest bedroom on the site plan, (2) A copy of the operator's current transient accommodations tax Itcense and general excise tax Itcense, (3) Documentation to verifi that the bed and breakfast establishment complies ,nth all applicable requirements of the state department of health, and (4) Documentatton to verify that the bed and breakfast establishment comphes with all of the accessibility regwrements under the Americans wrath Dtsabilmes Act (4D.4) SECTION 3 Seaton 25-4-7, Article 4, Division 1, Chapter 25 (Lomng Code) ofthe Hawau Counn~ Code, is amended as follows "Section 2~-4-7 Bed and breakfast establishments (a) Bed and breakfast establishments shall he permitted m [he RD, RM, RCX, [RA, FA, A.] V, CN. CG and CV distncts[, 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 m the RS distncts and R4, F4, A distncts, ~tirthin 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 perms shall also be required for am• bed and breakfast establishment located m either the state land use rural or agricultural distncts (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 rts [owners or lessee] o ep razor[ ]and not alter or be detrimental to the character of the surroundma area {2) The [owner-operator or lessee-operator] o eo razor of the bed and breakfast establishment shall reside on the same building site as that being used for the bed and breakfast estabhshment [For purposes of this section, alessee-operator means a lessee holding a lease of flee years or more for the residence and land on which the bed and breakfast establishment is located ~ (31 The bed and breakfast establishment ma.' be located nn a bwldme site. ~stthin [a] am single-famih [dwelling] dwellines [unit and a] ,and%or guest [house.] houses {pursuant to section 2~-4-9~ on a building sne] (4) The bed and breakfast establtshment shall contain no more than five guest bedrooms for rent to guests [n the RS and RD dtstncts, the mmtmum lot stze for a bed and breahtast establtshment wtth three to five guest bedrooms shall be fifteen thousand square feet and any lot less than fifteen thousand square fee[ shall not have more than two guest bedrooms In the RA. FA and ~ dtstncts, the mmtmum lot stze for a bed and breakfast establtshment wtth three to five guest bedrooms shall be the mmtmum lot size specified for the applicable zoning dtstnct ] [(61] The maximum number of guests permitted wtthtn a bed and breakfast establtshment at anv one time shall be ten [(7)] ~ Only breakfast meals may be offered to guests The setvtng of breakfast meals on the butldtne site, for a fee to tndtvtduals other than registered guests shall be prohtbtted Abed and breakfast establtshment shall not operate as a food service establtshment (t e a restaurant), unless [a food sen•tce establishment (t e a restaurant)] such use is [Itsted as] a permitted use w•tthm the zoning dtstnct[ ]and the reautred oermtts have been acgmred [(8)] LZl One paved (with materials such as backs, concrete, asphalt concrete surface or chip-seal, pavers. stones) off-street parking stall shall be provtded for each guest bedroom, to addmon to the required stall(s) for the dwelling tint[[, provtded], e~.ceot that m the RS. RA, FA and A dtstncts paved pazktng stalls shall not be regwred as long as the material used for the parking stalls will eltmmate erosion. mud and standing water wtthtn the parking stall area [(9)] Exterior stgnage which adcerttses the dwelling as a bed and breakfast establtshment shall comply w•tth the requirements for restdennal stgnage as set forth m chapter 3 (adverttsmg and signs) of [flits code] the Hawau County Code [(c) No bed and breakfast establishment shall be permitted on any building sae on which an ohana dwelling, approved by the director, is situated ] [(d)] ~ Any bed and breakfast establishment which has not received [plan approval] the reautred permits shall be considered []legal under flits chapter[ unless otherw•tse noted herein [(e)] u Any bed and breakfast establishment existing as of the effective date [of adoption] of this section(, which confotms] and conformme to the standards contained m section 25-4- 7(6)[, and] which has not recetved [plan approval, and, as applicable, has not been issued either a speaal permit or a use permit,] the~ermtts regwred under Section 2~-4-7(al may continue [as a -3- non-confotmtngJ such use [until September 30, 1997 at which time any such] for twelve months followma the effective date of this section After flits date. continued use without [receipt of plan approval and, as applicable, a use perm[[ or a spectal perm[[,] having submitted the necessary permit aupltcattons shall be constdered illegal under this chapter [Prior to June 30, 1997, any person may apply for plan approval and for a use permit or a spectal permu for any bed and breakfast estabLshment existing as of the date of adoption of this section conforming to the standazds of sectton 25-4-7(b) and not other~~ tse permuted. and upon issuance of the required permits and approvals, the use shall be constdered a permitted use ] [(f)] ~ The condmons contained m any use perm[[ Issued for a bed and breakfast establishment pnor to the adoption of this section shall continue to apply to the bed and breakfast estabhshntent, norivtthstandmg provtstons to the ~unirarv contained m flits secuon'~ SECTION 4 tilatenal to be repealed is bracketed New matenal is underscored In printing this ordinance, the brackets, bracketed matenal and underscortne need not be included SECTION 5 If any provtson of this ordinance. or the appltcatton thereof to any person or circumstance. is held invalid. such m~'altduy shall not affect the other provtstons or appltcauons of the ordinance which can be gn•en effect without the invalid provtston or appltcatton, and to flits end, the provtstons of this ordinance are declared to be severable SECTION 6 This ordinance shall take effect upon us approval 11\1 RODUCED BY (...L(dt' - ~o C ~ 'CIL MEMBER. COU'~]TY OF HAWAII Hilo. Rattail Date of Introduction Date of Ist Readme Date of 2nd Reading Effecine Date ftrEf.'ttJCf Comrr, 734 , 008 _q_