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Home My WebLink AboutORD 2012-091 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO. 232 (DRAFT 2) ORDINANCE NO. 1.2 91 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. (1-9)] 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. [(- 14-)](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 Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsection (a) 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 andlA 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. 2 (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. 3 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 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. Hilo , Hawai i Date of Introduction: May 15, 2012 Date of 1st Reading: May 15, 2012 Date of 2nd Reading: June 8, 2012 Effective Date: June 27, 2012 REFERENCE: Can 672.2 INTRODUCED BY: dr COUNCIL MEMBE' , C P T OF HAW & I`I 4 OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i Introduced By: Pete Hoffmann Date Introduced: May 15 , 2012 First Reading: May 15, 2012 Published: May 26 , 2012 REMARKS: Second Reading: June 8 2 2012 To Mayor: June 19, 2012 Returned: June 27, 2012 Effective: June 27, 2012 Published: July 9, 2012 REMARKS: Note: The June 6, 2012 Council meeting was recessed, and then reconvened on June 8, 2012 t -"i 9: 53 ROLL CALL VOTE AYES NOES ABS EX Blas X X Ford X Hoffmann X Ikeda X Onishi X X Pilago X X Smart X Yagong X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the C indicated above. APPROVED AS • FORM R, : : ' LIT EPUTY •RPORA 1 COUNTY 0 Date COUNSEL JUN 21 2012 Approi of� isapproved this flhirl 20 1` :CIA YOR, COUNTY OF HA WAI `I clay my Council published as COUNCIL CHAIRPER OUNTY CLERK Bill No.: Reference: Ord No.: 232 (Draft 2) C- 672.2/PC -50 12 91