HomeMy WebLinkAboutBIL 232 Draft 01 2010-2012 • ="= � '`•j STATE OF HAWAII
COUNTY OF HAWAII ._
BILL NO. 232
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2 AND ARTICLE 4 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES,
FUNERAL SERVICES,AND MORTUARIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this bill is to provide further support for the
recent Bill 90, which provided amendments to crematoriums, funeral homes, funeral services and
mortuaries. This ordinance amends Chapter 25, Article 2 to clarify the zoning districts that need
a Use Permit for crematoriums, funeral homes, funeral services and mortuaries, and amends
Article 4 with regards to the required parking for crematoriums, funeral homes, funeral services
and mortuaries.
SECTION 2. Chapter 25, article 2, section 25-2-61 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The following uses shall be permitted within designated County zoning districts only if a
use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, RCX,
RA, FA, A and V [in all ]districts.
(3) Churches, temples and synagogues, including meeting facilities for churches, temples,
synagogues and other such institutions, in RS, RD, RM, RA, FA and A districts;
provided that a minimum building site area of ten thousand square feet is required
within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS, RD,
RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A,
V, CG, CV, and 0 districts.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b), paragraph (b)
of the definition of"group living facility" in the RS, RD, RM, RCX, RA, FA, A, CN,
CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other
similar uses devoted to the care or treatment of the aged, the sick, or the infirm in the
RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum building
site area of ten thousand square feet shall be required within the RS, RD, RM, RCX
and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A,
CN, CG, CV, MCX, ML, MG and 0 districts.
(9) [Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
(-1-)] Schools in RS, RD, RM, RA, FA, A, V, MCX, ML and MG districts, provided that
a minimum building site area of ten thousand square feet shall be required within
the RS, RD, RM, and RA districts.
[{11)](10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A,
IA, and 0 districts.
[(12)]((11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and 0 districts.
[(13)](12) Wind energy facilities in the 0 district; provided that the property is within the
state land use agricultural district.
[( 4)](13) Other unusual and reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the
council by resolution.
SECTION 3. Chapter 25, article 4, section 25-4-51 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
(a) The number of parking spaces for each use shall be as follows:
(1) Agricultural tourism: one for each three hundred square feet of gross floor area used
principally for the agricultural tourism activity, but not fewer than three spaces, plus
bus parking if buses are allowed.
(2) Bed and breakfast establishments: one for each guest bedroom, in addition to one for
the dwelling unit.
(3) Bowling alleys: four for each alley.
(4) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX, V,
RA, FA, A andIA districts: one for each three hundred square feet of gross floor area.
(5) Day care centers: one for each ten care recipients of design capacity or one for every
two hundred square feet of gross floor area, whichever is greater.
(6) Dwellings, multiple-family: one and one quarter for each unit.
(7) Dwellings, single-family and double-family or duplex: two for each dwelling unit.
(8) Funeral homes, funeral services, [and ]mortuaries and crematoriums: one for each
seventy-five square feet of gross floor area.
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(9) Golf courses: four for every hole.
(10) Hospitals: one for each bed.
(11) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units;
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
(12) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
(13) Laundromats, cleaners (coin operated): one for every four machines.
(14) Major outdoor amusement and recreation facilities: one for each two hundred square
feet of gross floor area within enclosed buildings, plus one for every three persons
that the outdoor facilities are designed to accommodate when used to the maximum
capacity.
(15) Meeting facilities, including churches: one for each seventy-five square feet of gross
floor area.
(16)Nursing homes, convalescent homes, rest homes and homes for the elderly: one for .
every two beds.
(17) Parks: as determined by the director.
(18) Recreation facilities, outdoor or indoor, other than herein specified: one for each two
hundred square feet of gross floor area, plus three per court (racquetball, tennis or
similar activities).
(19) Rooming and lodging houses, religious, fraternal or social orders having sleeping
accommodations: one for each two beds.
(20) Schools (elementary and intermediate): one for each twenty students of design
capacity, plus one for each four hundred square feet of office floor space.
(21) Schools (high, language, vocational,business, technical and trade, college): one for
each ten students of design capacity,plus one for each four hundred square feet of
office floor space.
(22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(23) Swimming pools (community): one for each forty square feet of pool area.
(24) Warehouse and bulk storage establishments where there is no trade or retail traffic:
one for each one thousand square feet of gross floor area.
SECTION 4. 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 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity does not affect other provisions or
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application 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 6. This ordinance shall take effect upon its approval.
IN RODUCED BY:
U CO�JNCIL MEMBER, CO qr OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 672
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