HomeMy WebLinkAboutORD 2013-095 2012-2014 M�4�
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 102
ORDINANCE NO. 13 95
AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 4,DIVISION 5 AND
ARTICLE 7, DIVISION 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS
AMENDED),RELATING TO INCREASE RESIDENTIAL DENSITY, INCLUDING
PARKING REQUIREMENTS,WITHIN CDH, DOWNTOWN HILO COMMERCIAL
DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, Article 4, Division 5, 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 and IA 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. In the CDH district ,
one for each unit on a property maintaining a unit density higher than one thousand
square feet of land area per rentable unit or dwelling unit.
(7) Dwellings, single-family and double-family or duplex: two for each dwelling unit.
In the CDH district, one for each unit on a property maintaining a unit density
higher than one thousand square feet of land area per rentable unit or dwelling unit.
(8) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor
area.
(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 2. Chapter 25, Article 4, Division 5, Section 25-4-59.2 of the Hawai'i County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
The off-street parking and loading requirements of this chapter shall not apply to the
following:
(a) Non-residential uses located within[T]that area in the City of Hilo,bounded by
Kinoole Street, Ponahawai Street, and an imaginary straight line extension of
Ponahawai Street into Hilo Bay and Wailuku River.
(b) Dwelling units with a maximum density of one thousand square feet of land area
per unit or less, within that area in the City of Hilo,bounded by Kinoole Street,
Ponahawai Street, an imaginary straight line extension of Ponahawai Street into
Hilo Bay and Wailuku River.
([b}c)That area immediately fronting either side of that portion of the Hawai`i Belt
Highway which runs from the real property designated as tax map key no: 7-9-7-66
to the real property designated as tax map key no: 7-9-9:22, in Kainaliu, North
Kona.
SECTION 3. Chapter 25, Article 7, Division 2, Section 25-7-22 of the Hawai'i County
Code 1983 (2005 Edition, as amended) is amended by amending subsection (a) to read as
follows:
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"(a) The following uses shall be permitted in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries.
(4) Automobile service stations or garages, excluding body and fenderworks, electric
tire rebuilding or battery rebuilding and provided that all work is conducted wholly
within a completely enclosed building.
(5) Bakeries.
(6) Bars, cocktail lounges and night clubs.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses.
(9) Broadcasting stations or studios (radio and television).
(10)Business services.
(11)Car washing,provided that the facilities are not detrimental to the character of the
district.
(12)Commercial parking lots and garages.
(13)Community buildings, as permitted under section 25-4-11.
(14) Crop production.
(15)Display rooms for products sold elsewhere.
(16) Dwellings, double-family or duplex, with a maximum density of[o„e thousand] five
hundred square feet of land area per rentable unit or dwelling unit.
(17) Dwellings, multiple-family, with a maximum density of[one thousand] five hundred
square feet of land area per rentable unit or dwelling unit.
(18)Dwellings, single-family.
(19)Family child care homes.
(20)Farmers markets. When the vending activity in a farmers market involves more than
just the sale of local fresh and/or raw produce,plant life, fish and local homegrown
and homemade products for more than two days a week, the director, at the time of
plan approval, shall restrict the hours of use, maintenance and operations and may
require improvements as determined appropriate to ensure its compatibility with the
existing character of the surrounding area.
(21)Financial institutions.
(22)Group living facilities.
(23)Home occupations, as permitted under section 25-4-13.
(24)Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other
similar uses.
(25)Hotels and apartment hotels with a maximum density of five hundred square feet of
land area per rentable unit.
(26)Laundries other than those utilizing steam cleaning equipment,provided that the
facilities are not detrimental to the character of the district.
(27)Manufacturing, processing and packaging, light, provided that the activities are not
detrimental to the character of the district.
(28)Medical clinics.
(29)Meeting facilities.
(30)Model homes, as permitted under section 25-4-8.
(31)Modeling agencies.
(32)Museums and libraries.
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(33)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(34)Offices.
(35)Personal services.
(36)Photography and artist studios.
(37)Public uses and structures, as permitted under section 25-4-11.
(38) Publishing plants for newspapers,books and magazines,printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
(39)Repair establishments, minor.
(40)Restaurants.
(41)Retail establishments, provided that they are not detrimental to the character of the
district.
(42) Schools, business.
(43) Schools, photography, art, music, dance or other similar studios or academies.
(44) Schools, vocational.
(45)Telecommunication antennas, as permitted under section 25-4-12.
(46)Temporary real estate offices, as permitted under section 25-4-8.
(47)Theaters, auditoriums and indoor sports arenas.
(48)Utility substations, as permitted under section 25-4-11."
SECTION 4. Chapter 25, Article 7, Division 2, Section 25-7-27 of the Hawai`i County
Code 1983 (2005 Edition, as amended) is amended by adding new sections to be appropriately
designated and to read as follows:
"Section 25-7-27. Other regulations.
(a) Plan approval is required for all new structures and additions to existing structures in the CDH
district,except for construction of one single-family dwelling and any accessory buildings per lot.
(b) The number of parking spaces required for double-family, duplex and multiple-family
residential dwellings having a density greater than one thousand square feet of land area
per rentable unit or dwelling unit within the CDH zoning district shall be one off-street
parking space per unit.
(c) Off-site parking may be provided to satisfy parking requirements of this section, as
approved by the director. Off-site parking means parking provided for residents of
double-family, duplex, or a multiple-family residential development that is neither on a
public street nor located on the same property as the residence,but is located within a
reasonable distance of the residence, as determined and approved by the director. Off-site
parking shall be made available for the exclusive use of the rentable units or dwelling
units it is meant to accommodate.
SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In re-printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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SECTION 6. 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
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 to be severable.
SECTION 7. This ordinance shall take effect upon its approval
INTRODUCED BY: Q,‹
COUNCIL MEM R, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: August 21, 2013
Date of 1st Reading: August 21, 2013
Date of 2nd Reading: September 5, 2013
Effective Date: September 27, 2013
REFERENCE Comm. 358
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OFFICE OF THE COUNTY CLERK CCU."QTY CLERK
County of Hawai`i Cr'!" !?
Hilo, Hawai`i
2013 SEP 27 PM I: 06
Introduced By: Zendo Kern (B/R) ROLL CALL VOTE
Date Introduced: August 21, 2013 AYES NOES ABS EX
First Reading: August 21, 2013 Eoff X
Published: August 31, 2013 Ford X
Ilagan X
REMARKS. Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: September 5, 2013 9 0 0 0
To Mayor: September 13 , 2013
Returned: September 27, 2013 ROLL CALL VOTE
Effective: September 27, 2013 AYES NOES ABS EX
Pubtished: October 4, 2013 — — — ---
Eoff X
Ford X
REMARKS: Ilagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
Uw COUNCIL CHAIRPERSON
Approved/D approved this �� 1 day
of • .640 i , 20 13 . COUNTY CLERK
Bill No.: 102
MAYOR, COUNTY OF HAWAII C-358/PC-41
Reference:
Ord No.: 13 95