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Home My WebLink AboutBIL 240 Draft 02 1998-2000 COUNTY OF HAWAik STATE OF HAWAII BILL NO. 240 I;Draft 2) ORDINANCE NO. 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. Definitions. (b) The following words and phrases, unless the context otherwise requires, are defined as follows: (13) "Bed and breakfast establishment" means asingle-family dwelling, second dwelling unit. [including a single] and/or guest house[,] (pursuant to section 25-4.9) in which overnight accommodations and only breakfast meals are provided to a maximum. of ten guests, for compensation, for periods 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 Section 25-2-73, Article 2, Division 7, Chapter 25 (Zoning Code) of the Hawaii County Code, is repealed as follows: ["Section 25-2-73.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 requirements for plan approval contained. in section 25-2-72, an application for plan approval 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 license and general excise tax license; (3) Documentation to verify that the bed and breakfast establishment complies with all applicable requirements of the state department 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 Hawaii 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 districts[, 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 districts and RA. FA. A districts. 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 in either the state: land use rural or agricultural districts. (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] operator[.] and not alter or be detrimental to the character of the surroundine arga~ (2) The [owner-operator or lessee-operator] operator 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.] -2- (3) The bed and breakfast establishment may be located on a building site within asingle-family dwelling [unit]. second dwelling unit. land a] and/or guest house[,] (pursuant [o section 25-4-9) on a building site]. (4) The bed and breakfast establishment shall contain no more than five guest bedrooms for rent to guests. [(5) In the RS and RD districts, the minimum lot size for a bed and breakfast establishment with three to five guest bedrooms shall be fifteen thousand square feet, and any lot less than fifteen thousand square feet shall not have more than two guest bedrooms. In the RA, FA and A districts, the minimum lot size for a bed and breakfast establishment with three to five guest bedrooms shall be the minimum lot size specified for the applicable zoning; district.] [(6)] ~5 The maximum number of guests permitted within a bed and breakfast establishment at any one time shall be ten. [(7)] f4,) Only breakfast meals,~R,oroved by the Department of Health. may be offered to guests. The serving of breakfast meals for a fee to individuals other than registered guests on the buildine site 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[.] na d the required permits have been acgpired. [(8)] ~ One paved (with concrete, asphalt concrete surface or chip-seal) off-street parking stall shall be provided for each guest bedroom, in addition to the required stall(s) for the dwelling unit[; provided]. except that in the RS, RA, FA and A districts paved parking stalls shall not be required as long as the material used for the parking stalls will eliminate erosion, mud and standing water within the parking stall area. [(9)] 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 County 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.] -3- [(d)] ~ Any bed and breakfast establishment which has not received [plan approval] the required permits shall be considered illegal under this chapter[.]. unless otherwise note herein. [(e)] ~ Any bed and breakfast establishment existing as of the effective date [of adoption] of this section[, which conforms] and conformine to the standards contained in section 25-4-7(b)[, and] which has not received [plan approval, and, as applicable, has not been issued either a special permit or a use permit,] hie permits required under Section 25.4_ 7(a) may continue [as anon-conforming] su~Lii use [until September 30, 1997 at which time any such] for six 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,] havine submitted the necessary_.permit applications 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 standards of section 25-4-7(b) and not otherwise permittE:d, and upon issuance of the required permits and approvals, the use shall be considered a permitted use.] [(f)] The conditions contained in any use permit issued for a bed and breakfast establishment prior to [he adoption of this section shall continue to apply to the bed and breakfast establishment, notwithstanding provisions to the contrazy 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 are declared to be severable. -4- SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: R£FEREIyCE: Comm. 734.004 -5-