HomeMy WebLinkAboutCOM 0088.008 1998-2000 O e -- M O _ ,
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AL KONISHI -- � .�r_ ; DONALD IKEDA
County Clerk • Deputy County Clerk
. • °` " CONSTANCE R. KIRIU
Legt s /anve Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Budding
25 Aupuni Street
Hilo, Hawaii 96720
Telephone: (808) 961 -8255
Facsinnle: (808) 961 -8912 co
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February 8, 1999 Q r1 T:
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Honorable James Y. Arakaki, Chair co
Hawaii County Council -o
25 Aupuni Street =7
Hilo, Hawaii 96720
RE: Transmittal of Bill 250 (Draft 4 & Draft 9)
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Dear Chair Arakaki and Members of the Hawaii County Council.
The purpose of this letter is to transmit the following attached items:
1. Bill 250 (Draft 4 - Ramseyer);
2. Bill 250 (Draft 9 - Ramseyer); and
3. Notes on Zoning Code Revisions.
Background.
In or about February 1996, Bill 250 was introduced as a measure which substantially amended
Chapter 25, Hawaii County Code, also known as the "Zoning Code." By November, 1996, a
number of drafts were prepared and circulated, including Draft 4 which converted Bill 250 into a
measure which repealed and replaced Chapter 25 in its entirety. Subsequently, Bill 250 Draft 8,
which also repealed and replaced Chapter 25, was passed by the County Council in November
1996. On December 7, 1996, Bill 250 Draft 8 became law as Ordnance 96 -160. Members of the
public filed suit to invalidate the passage of Bill 250 Draft 8 on the grounds that the County
Council wilfully violated Chapter 92, Hawaii Revised Statutes, the State's "Sunshine Law." On
December 21, 1998, Findings of Fact, Conclusions of Law and Order (hereafter "Order ") were
filed in the Circuit Court of the Third Circuit in Jerry Rothstein.. et al. vs. County of Hawaii, et
al., in Civil Number 97 -028K. In the Order, Judge Ronald Ibarra found that:
The County Council overrode an outpouring of procedural allegations expressing the
public's attempt to and desire to participate in the decision - making process, and pass Bill
250 Ordinance 96 -160 to achieve a predetermined end of enacting the measure before a
new County Council took office. (Conclusion of Law 10)
St
Comm. No. 0 "
File No. HCC /2N(G
Ref. To: Co Q ^t Ct L
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Honorable James Y. Arakaki
February 8, 1999
page two
On November 13 and 21, 1996, the County Council violated Haw. Rev. State. Sec. 92-
7(d) when it discussed and adopted amendments to Bill 250 that were of reasonably
major importance and could affect a significant number of people without publishing the
substance of the drafts in the agenda. (Conclusion of Law 13)
Therefore, all of the actions taken since Draft 4 bill 250 are voidable. (Conclusion
of Law 16)
Judge Ibarra ordered that:
Bill 250 (Draft 4) shall be referred back to the County Council for ratification. Bill 250
(Draft 4) shall be formatted in the Ramseyer format to show changes from the existing
code. Bill 250 shall become void on September 1, 1999, unless ratified.
Ramseyer Format.
The Ramseyer format is widely used, most notably here in Hawaii by the State Legislature.
Under this format, statutory material to be deleted in enclosed in brackets and new material is
underlined. The brackets, deleted material and underlining are not printed when a legislative
measure becomes law. (However, said material is included when a legislative act is published in
the Session Laws of Hawaii.) The format is intended to allow a person to compare existing law
to the proposed changes while the changes are pending.
Bill 250 Draft 1 employed the Ramseyer format. However, since Bill 250 Draft 4 and
subsequent drafts, proposed a complete repeal, replacement and reorganization of Chapter 25, it
did not contain brackets and underlining and therefore, it was difficult for persons to determine
what portions of the "old" Chapter 25 were being retained, removed or amended in the "new"
Chapter 25.
The attached drafts have been converted from the "repeal and reenactment" format to the
"section by section" format contained in Draft 1. Because the original computer discs which
contained Bill 250 Draft 1 were not available to this office, the entire "old" Chapter 25 had to be
retyped and the amendments proposed by Drafts 4 and 8 were inserted. Because of the
reorganization proposed by the drafts, some of the "old" sections were taken slightly out of
numerical order to better allow persons to compare the existing and proposed new provisions.
Concurrent Amendments to Chapter 25.
During the drafting process of Bill 250 Draft 1 and prior to November 21, 1996, the County
Council passed four bills which amended Chapter 25:
Ord. 95 -132 Enforcement of Zoning Violations (effective November 13, 1995)
Ord. 96 -12 Small -scale Industrial and Subordinate Commercial or Personal Service
Uses within the Multi - Family District (effective February 23, 1996)
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Honorable James Y. Arakaki
February 8, 1999
page three
Ord. 96 -47 Regulations for Ohana Dwelling Units (effective My 2, 1996)
Ord. 96 -59 Farmer's Markets in the Downtown Hilo Commercial District, General
Commercial and Village Commercial Districts (effective May 165, 1996)
As stated above, Draft 4 and subsequent drafts repealed Chapter 25 in its entirety. In converting
the drafts into the Ramseyer format, the four above - referenced ordinances were inserted as
"existing" language. In some cases, Draft 4 and subsequent drafts took the changes into account
and in some cases they did not.
Draft 9 — Correction of grammatical, typographical, numerical and other minor errors.
During the conversion process, it was discovered that Drafts 4 and 8 contained a number of
minor, non- substantive errors. In attempting to comply with the spirit and intent of Judge
Ibarra's order, the attached Draft 4 (Ramseyer) still contains those errors. Those errors were
corrected in converting Draft 8 to the Ramseyer format. Because the "corrected" draft was not
identical in substance to Draft 8, it has been redesignated as Draft 9.
Notes.
In order to aid in understanding proposed changes, "Notes on Zoning Code Revisions" were
attached to Bill 250 Draft 1. Attached below to aid in the understanding of Drafts 4 (Ramseyer)
and 9 (Ramseyer) are the original Notes with additional comments explaining the differences
between Draft 1, Draft 4 (Ramseyer) and Draft 9 (Ramseyer).
Conclusion.
The intent and purpose of this letter, the converted drafts and updated notes, are to comply with
the spirit and letter of Judge Ibarra's Order and Chapter 92, Hawaii Revised Statutes. This office
can provide further information and comment if you feel it is necessary.
fl
AllKon ish
Attachments
B ill 250,D• C12ainse' ea
13,1) co, A, D. 9 CRa,n3 er)
AloieS on ZOn.'nq Code Rev.s,ans
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NOTES ON ZONING CODE REVISIONS
Bill No. 250: Draft 1, Draft 4 (Ramseyer), and Draft 9 (Ramseyer)
The following notes are provided to assist in reviewing the various changes made to Draft 1,
Draft 4 ( Ramseyer), and Draft 9 (Ramseyer) of Bill 250 relating to the Zoning Code.
Grammar, punctuation, spelling, style, formatting and clarifying language changes are not
listed in this table. Similarly, renumbering, restructuring and repetitive changes are not
necessarily listed. As much as possible, major substantive changes from one draft to another
have been listed. This list has been compiled as a partial guide to assist the reader; however,
detailed changes may be located by making actual draft -to -draft comparisons.
Notes on Draft 1 are the same as listed in the Planning Department /Commission draft dated
2/1/96, and serve as the foundation of this table of notes. Notes on Draft 1 describes major
substantive changes made from the existing Zoning Code to Draft 1.
914ajorsu6stanti ue changes made from Draft 1 to Draft 4 (Ramseyer )are explained in italics.
Major substantive changes made from Draft 4 (Ramseyer) to Draft 9 (Ramseyer) are explained using this font style.
Article 1. General Provisions.
Section # Notes and Comments
Section 25 -1 -2. The section has been revised to delete an explanation of the general plan since such
Scope, purposes and an explanation is unnecessary. Also deleted is reference to the plan "to be
applicability. prepared."
Draft 9: Included statement that this chapter shall prevail if any conflicts.
Section 25 -1 -4. This is a new section to clarify that the Planning Director and the Planning
Adoption of rules. Commission each have the power to adopt rules in accordance with the State
Administrative Procedures Act. Past Corporation Counsel opinions have stated that
legislative authority is required as a prerequisite for a County agency to adopt rules.
Section 25 -1 -5. All definitions and subparts of former definitions, have been alphabetized. Also, the
Definitions. following should be noted about the new definitions:
(1) "Accessory building ". The definition is the same as the present subsection
(57)(B).
(2) "Accessory use ". The definition is the same as the present subsection (57)(B).
Draft 4: (3) `Adult day care home ". The term `licensed by the state' was replaced
with `approved 6y the state.'
(13) "Bed and breakfast establishment ". Only the definition has been retained
under Article 1. A portion of the present section has been moved to Article 4
regarding use regulations as section 25 -4 -7, and a portion under Article 2, regarding
plan approval, as section 25 -2 -73.
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(15) `Building ". The new definition of building was taken from the Building
Code.
Also terms such as "accessory building," "community building" and "main
building" have been relocated in alphabetical order.
Draft 4: The phrase "anti includes accessory building, community budding and main
building" was deleted
(16) "Building height ". The definition was revised to be consistent with the
Building Code, since there is presently a conflict between the Building Code
definition and the Zoning Code definition.
Draft 4: (17) "(Budding line ". `Got' replaced with 'building site.' This change will
occur throughout the entire chapter.
(21) "Care home ". The definition has been substantially revised to be consistent
with State law. The existing "care home" is similar to the "group living facility"
provided for under HRS section 46 -6. Care homes are defined by the State as live -
in facilities for adults and children that are larger than group living facilities.
Draft 4: Deleted reference to the number of persons permitted in a care home. Also
replaced 'licensed with 'approved" ... By the state.
(27) "Community building ". The definition is identical to the present definition
under subsection (5)(C), but has been relocated in alphabetical order.
Draft 4 clarified that "community building" can he public or privately - owned
(31) "County environmental report." The definition is a revision of the definition
of the term "environmental impact statement" contained in the present Zoning Code.
The revision establishes a definition for a County EIS. The definition indicates that
the document is an information document available to the public for inspection and
comment. It is essentially an informational document to assist in the processing of
land use permitting applications. The definition also distinguishes the County
environmental report from the EIS required under HRS Chapter 343. The County
environmental report differs from a State EIS because there is no provision for
publication of notice of the report, time periods for public comments on the report,
and revision of the report based upon public comments.
Draft 9: Revised, but content is intact. (1) Required that public comments on the
environmental report be made part of the record of the application. (2) Added that the
'historical' consequences of a proposed action should be described in the environmental
report.
(33) "Day care facility." The definition has been revised for consistency with State
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law. It also clarifies that service is to be provided for non - family members.
Draft 4: Cited State law as chapter 346, part IV or part W ill, 7f12,S. Clarified that a
day care facility includes certain facilities that are not licensed by the department of
education and adult day care centers.
Draft 9: (35) The term "persons" was deleted from the definition of "density" as it is not an
indicator of density.
Draft 4: (37) "Drive - in" definition was deleted
(41) "Environmental impact statement ". The revised definition adopts the
definition of EIS from HRS section 343 -2.
(44) "Family ". The definition has been revised to adjust the categories of "care
homes," "family care homes" and "family boarding homes" with "group living
facilities" and "family child care homes," as defined by State statute.
Draft 4: Included persons related by `state sanctioned adoption, foster parentage,
guardianship or marriage' to definition of family ". Also raised the number of unrefated
persons from five to eight.
Draft 9: Reinstated number of unrelated persons in a family from eight to five.
(44) "Family child care home ". The definition was taken from HRS section 346-
151.
Draft 4: Deleted number of children from county definition.
Draft 4: (45) " Farm" definition added.
(45) "Farm dwelling ". The definition was taken from FIRS section 205- 4.4(4).
(52) "Future width lines ". The definition has been revised to provide that the
future width line must be established on the zoning map, and that once designated
on the zoning map, the area within that line cannot be calculated into the area
required for yard setbacks.
(53) "Group living facilities ". The definition has been taken from HRS section 46-
4, which prohibits restrictions on this type of facility in any district as long as the
facility meets the building height, setback, maximum lot coverage, parking and floor
area requirements. Under section 46 -4, this use cannot be conditioned by a use
permit; however, additional parking requirements and floor area requirements can
be established for group living facilities.
Draft 4: Defeted number of residents permitted in group living facility.
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Draft 9: (56) The term "resort ranch" was dropped from definition of "guest ranch ".
(57) "Home occupation ". The definition is a revision of the existing definition.
Also the conditions placed upon home occupations, presently under the definition,
have been relocated to Article 4, section 25 -4 -13.
(Draft 4: (Deleted the provision that a home occupation included the use of the premises
as a base for an off - premises, income producing activity.
(59) "Hotel." The term "inn" has been deleted from the definition of "hotel"
because it is being defined separately.
(Draft 4: (Retained the term "inn" in the definition of "hotel', and did not define it
separately.
(Draft 4: (61) "Kenner' definition inc(uded animal quarantine stations.
Draft 9: (63) Deleted "(C) Fixtures, appliances or devices for refrigeration of food" from
the qualifying definition of kitchen.
Draft 4: (65) "Livestockproduction "definition refined as a `distinct agricuftura(
operation or establishment which keeps, feeds, or raises livestock for commercial purposes
and as a principal &use use.'
'Draft 4: (66) Lodge" defined as an accommodation without individual kitchen
facilities. Also Cowered the number of guest rooms or suites from 100 to 40.
Draft 4: (68) "Lot width" definition added
(70) "Main building ". The definition is identical to the present definition under
subsection (5)(E), but is underscored in the revision because the term has been
relocated.
Draft 9: (75) "Meeting facility" must be for non -profit use."
(75) "Mobile dwelling ". The definition is identical to the present definition under
subsection (20)(D), but is underscored in the revision because the term has been
relocated.
(83) "Plan approval ". The definition has been revised to reflect the change in the
plan approval policy.
(84) "Plan lines for future streets." The definition has been revised to reflect that
the plan lines must be located on the zoning map.
(Draft 4: (91) "Restaurant" definition refined to say that meals are servedfor
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compensation; kitchen facilities are suitably equippedfor cooking an assortment offoods.
Also required at feast 30% of establishment's gross revenue to be cferivedfrom safe of
foods.
cDraft 4: (92) "Wcstaurant, take-out" definition deleted
(96) "Single- family dwelling." The definition is identical to the present definition
under subsection (20)(F), but is underscored in the revision because the term has
been relocated.
Draft 4: (103) "Transient vacation unit" definition added
.Draft 9: (103) "Transient vacation unit" definition deleted.
Draft 4: (108) "Zone" definition deleted
The definitions of "commercial amusement establishment," "condominium" and
"older community" have been deleted because the terms are not contained in the
Zoning Code. Also, the term "easement" has been removed because it is a common
term that does not require definition in the Zoning Code.
Article 2. Administration and Enforcement.
Division 2. General Administration.
Section # Notes and Comments
Section 25 -2 -3. This is a new provision that would resolve the issue of the Planning Department
Review and holding on to applications for lengthy periods and then advising applicants that the
acceptance of applications are defective. The short time for review of applications can be made
applications. easier with the use of checklists containing the required information. These check
lists could be sent back to the applicants to show the deficiencies, and can be
returned with the completed application. The provision places a greater burden on
the Department, because if the Department fails to timely act, the application will
have to be processed with missing information. Also, it will give the staff reviewing
the application only one chance to initially review the application.
Draft 4: ( 'The term '6i- monthly' was changed to `semi- monthly'. Specified what
information must 6e on the fist of app&ations.
Draft 9: (a) Included a statement that an application may be fled by hand delivery or mail to
the Hilo or Kona Office. (b) Added that the deficiency notice by the director to the applicant
must be postmarked within the 15 -day review period.
Section 25 -2 -4. Notice The purpose of this section is to standardize the notice provisions for all
to property owners applications. This will avoid duplicating this general requirement for each
and lessees of record particular permit in the Zoning Code. The procedure is almost identical to the
of pending present procedure, except the applicant is provided with five working days in lieu of
application. the present three working days. Three working days may often be difficult to meet.
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Subsection (b) has been added to provide a guide as to the source of information for
determining property owners and lessees entitled to receive notice. A clause is
added to this subsection to clarify that only information available to the general
public need be used. Subsection (d) includes a provision that the application is not
invalidated by reason of an owner not receiving the notice. The variance procedure
already contains this provision. Case law holds that the inclusion of such a
provision will remedy the problem of an owner inadvertently not receiving actual
notice.
Draft 4: (1) ToQoanded surround'ng property owner notice requirements for applications
situated within state land use agricultural district from 300 feet to S00 feet, except if
surrounding lots are classified urban or rural (2) Increased time for applicant to serve
notice from five working days to ten days. (3) Required that the second notice cannot be
served less than ten days prior to the date of the proposed action. (4) Required applicant
to not5 persons where the director has received written notice of additional
owners /lessees of record (5) Weguiredapplicant to not5 owners /lessees of record when
applicant has actual knowledge of the information. Because of the change in perimeter
notation, subsequent references throughout the chapter were changed to refer only to
section 25 -2 -4.
Section 25 -2 -5. Public This section is an attempt to standardize the publication notice procedures for all
hearing notices. permits. The general ten day notice period continues to be applied, unless a longer
time period is required either by State statute or county ordinance. This section also
allows for consolidated public hearing notices. It has already been the practice of
the Planning Department to publish consolidated public hearing notices; however,
there is no provision under the Zoning Code authorizing this type of notice.
Section 25 -2 -6. There are slight language changes in the revision of this section, to make the section
Waiting period after applicable to all permit applications.
denial of application.
Drafi 4: Inserts proviso at beginning of section.
Section 25 -2 -7. The revision deletes any reference to specific permits in order to allow the section to
Utilization of apply to all permits. It also changes the present procedure of automatic voiding any
approvals within two permit not utilized, to provide that the director initiate proceedings to invalidate the
years. permit with the holder of the permit being provided with notice of the proposed
action. This section also clarifies that when an appeal is filed, the two year period
for commencing work on the permit does not begin to run until a final decision is
rendered in the appeal.
:Draft 4: 'This section was deleted in its entirety.
Draft 9: This section was reinstated as section 25 -2 -7 using similar language found in
Draft 1.
Section 25 - - 9. The revision adds a definition to the term "administrative action" meaning action by
Applications including the Planning Director. It also adds a subsection which provides for concurrent
lesser actions; action on Planning Commission applications. This practice is already being
concurrent applications. followed by the Commission. Reference to sign approval has been deleted since
signs are not regulated under the Zoning Code.
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Draft 4: This section is renumbered to section 25 -2 -8..
Section 25 - - 10. This section has been expanded to apply to zoning amendments.
Privileges run with
the land. (Draft 4: This section is renumbered to section 25 -2 -9.
Section 25 - - 11. Waiver This is section 25 -43 relocated without any change.
of requirements in
consolidation and Draft 4: This section is renumbered to section 25 -2 -10.
resubdivision.
Division 2. Appeals.
Section 25 - - to Division 2 is a modification of sections 25 -7 and 25 -8. The changes include the
25 - - 24. following: (1) A filing fee of $250.00 is established; (2) An audio record of the
hearing, without written transcript is authorized. A transcript would be available
upon request, with the requesting party paying the cost of the copies; (3) The de
novo hearing (entirely new hearing) requirement is deleted, with only a full hearing
to be held. A full hearing requires the opportunity to present evidence and cross -
examine witnesses. For example, the Board, by rule, can establish that its hearings
would be based entirely on the record of the Planning Commission, except for
additional evidence and testimony requested by any party; (4) A provision is added
which expressly provides that the Board may remand the case back to the Director
or the Commission with appropriate instructions; (5) A provision is added which
stays timed performance conditions during the appeal; (6) The standards for
overturning decisions have been deleted in order to resolve a long standing issue
regarding the authority of the Board to act on certain matters; (7) The Board is
given express authority to adopt rules to implement its responsibilities regarding
appeals.
Although a bill has been initiated by the Corporation Counsel's office regarding
appeals, the Planning Commission determined to leave the appeal provisions in the
Zoning Code intact, since the timing for adoption of this separate bill is uncertain.
Draft 4: (1) Defined aggrieved person; (2) Required copies of appeal to director or
commission, as appropriate, and affected owner, (3) Identified parties to an appeah
(4) Required transcript to board of appeals within 20 days; (5) Clarified burden of proof
(6) Provided standards of review for the board of appears.
Die voters enacted Charter amendment which would require amendments to this section.
Division 3. Violations, Penalties, Enforcement.
Section 25 - - to 25 - This division incorporates the enforcement provisions of Ordinance No. 95 -132.
2 - The only changes made to the ordinance were to (1) delete the definition of
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"authorized personnel" and relocate the definition to Article 1; (2) delete the
provisions regarding the standards of review for the Board of Appeals, because the
standard of review has been revised under the section 25 -3 -23; (3) make minor
language changes to be consistent with the format of the proposed Code Revisions.
Draft 9: Section 25 -2- Draft 9: Deleted the word "personal" as it related to the kind of service required recognizing that
35(f) requiring only personal service would be difficult to implement given the numerous absentee
landowners.
Division 4. Amendments.
Section 25 -2 -40. The revision adds the General Plan guidelines in order to provide criteria for
When zoning code approving any zoning amendment. This is mandated by section 3 -15 of the County
may be amended. Charter.
Section 25 -2 -41. Who The revision clarifies that zoning amendments may be initiated by non - owners with
initiates amendment. the owner's consent.
(Draft 4: Inserted "authorized" consent.
Section 25 -2 -42. The filing fee for change of zone requests has been increased from $100 to $00 plus
Amendment initiated $25 per lot or unit proposed by the zoning amendment. Added to the required list of
by property owners submittals for change of zone applications, under subsection (a), are: (1) a metes and
and other persons. bounds description of the property, (2) a list of property owners and lessees of
record within 300 feet of the affected property, and (3) a County environmental
report for all districts (in place of the old EIS for resort and condominiums). Only
the environmental report is not presently required under the current Planning
Department practices. The County environmental report provision was added at the
request of the County Council for a County EIS. The name was changed from EIS
to avoid confusion with the State EIS requirement. The revision also requires the
director to adopt rules in accordance with the State Administrative Procedures Act
for any additional submittal requirements.
Draft 4: Subsection (a) deleted 300 foot reference for property owner notification and
cited section 25 -2 -4. Subsection (6)increased time for serving notice to surrounding
owners afterfiting application from 5 working days to 10 days.
The revision to subsection (c) adds language requiring the Director to analyze the
change of zone request for consistency with the General Plan. This is a mandate of
the County Charter (Sec. 3 -15) and is already the practice, but is not contained in the
Zoning Code. The revision also reduces the Planning Director review time from
240 days to 120 days after the application has been accepted. A provision is added
which requires automatic review by the Planning Commission without the
Director's recommendation if the Director fails to make a recommendation on the
amendment within 120 days.
Subsection (d) provides for notice to property owners by the applicant (in lieu of the
commission). It also provides a time limitation of 90 days on the Commission's
action, to avoid the problem of the application that is continued for an indefinite
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period while the public hearing remains open. The revision also provides for the
contingency of the Commission failing to act within the prescribed time period.
(Draft 4: Subsection (d)(2) increased the time requiredforserving notice to surrounding
owners pursuant to section 25 -2 -4 from five working days to ten days after receiving
notice of the public hearing date.
Section 25 -2 -43. The revision to this section deletes the requirement of notice by mail to property
Amendments initiated owners and lessees of record within 300 feet of the affected parcel, although notice
by the council and by mail is provided to the owners and lessees of record of the affected parcels.
director. Instead of notice to neighboring owners and lessees, greater notice by publication is
provided (once a week for 3 consecutive weeks with the last notice being 10 days
prior to the hearing). This will allow for flexibility if major County initiated zoning
changes are proposed. The revision provides a 60 day time limit for the Director to
prepare and review Council initiated amendments. This limitation period was based
on a similar Council proposal. The revision also provides a 60 -day time limit for
the Planning Commission review of the amendment.
Draft 4: Eliminated 60 day - sequential matimum review periods of council- initiated
amendments for both director and commission. cProvidedfor a 120 -day maximum review
period of council - initiated amendments by director and commission prior to council
decision. Required property owners of council: or director - initiated amendments to he
notified by mail no later than 30 days prior to commission's public hearing.
Draft 9: (a) Established a 60 -day review period for commission to review director - initiated
amendment. If commission does not act, an unfavorable recommendation is forwarded to the
council. (b) Council- initiated amendment subsection has been rephrased and restructured.
Section 25 -2 -44. This is a new section. Essentially, it (1) provides a legal basis for imposing
Conditions on change conditions in zoning ordinances; (2) requires the applicant to follow the same
of zone. procedure for changes in conditions as the original change of zone ordinance, except
for those delegated to the Director; and (3) provides a remedy for failure to comply
with conditions.
Section 25 -2 -45. The revision of this section allows the Planning Director to make minor changes in
Nonsignificant zoning the zoning boundaries without the need for County Council approval.
changes.
(Draft 4: Criteria for qualifying for nonsignificant zoning change is reworded Same
meaning.
Division 5. Variances.
Section 25 -2 -52. This section is revised to increase the filing fee from $100 to $250. Also the plot
Application for plan required must show existing structures as well as proposed structures. In
variance; addition, the revision requires that any other submittal required for this application
requirements. be contained in rules adopted under the State Administrative Procedures Act.
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Draft 4: Subsection (4) de 300 foot reference for surrounding property owner
notification and cited section 25 -2 -4.
Section 25 -2 -53. The title to this section has been revised to indicate that it refers to notice provisions
Notice of action on for variances; not all variance procedures. The lengthy provisions regarding notice
variance application. by mail and publication have been deleted since they are contained in general
provisions in Article 2, Division 2.
Draft 4: (Provisions for applicant to notib surrounding owners of director's action
increasedfrom 5 working days to 10 days. Deleted 300 foot reference for surrounding
property owner notification and cited section 25 -2 -4.
Section 25 -2 -54. This section provides for action within 60 days after the application is accepted,
Actions by director on without any extension. It also provides for automatic denial if the director fails to
variance. act within the required time period. The Director is also required to immediately
advise the applicant of the denial. The revision was based on comments received
regarding the timeliness of the Planning Department's actions on variances.
Section 25 -2 -55. This section has been restructured for consistency with other sections. The
Review of director's substantive changes were (1) to remove the lengthy notice provisions which are
action by non- covered by the general provisions regarding notice; (2) to clarify that applications
applicant. for review will only be accepted from "interested parties" as defined by the section;
(3) to provide that the interested party, in lieu of the applicant, provide written
notice to neighboring property owners and the applicant of the Commission's
proposed hearing on the interested party's application for review; and (4) to provide
an express statement that the Planning Commission will not hold a contested case
hearing on a variance application.
Draft 4: Time in which an interested party may object to director's decision increased
from 10 working days to 15 days. Provisions for interested party to serve notice
increasedfrom 5 working days to 10 days. Deleted 300 foot reference for surrounding
property owner notification and cited section 25 -2 -4.
Section 25 -2 -56. Only minor changes have been made to this section. Subsection (a) provides that
Appeal of director's appeal is 30 days after the decision is issued; not after notice of the decision, which
action by applicant. has caused some confusion. Subsection(c), regarding the notice and hearing
requirements, has been shortened in light of the general notice provision under
Article 2, Division 1. Subsection (i) has been revised to delete the sentence
regarding deferral of the Commission action. Deferral procedures should be the
same for all Commission actions and should be contained in the Commission rules;
not the ordinance. Also a provision has been added to clarify that the Commission
will not hold a contested case hearing on a variance.
Draft 4: tgwordedprovision by saying that a contested case hearing shall not be held by
the commission.
Section 25 -2 -57. This section has been revised to indicate that the time for appeal runs from the date
Further appeal rights. the written decision is issued. Also, the provision regarding appeal to Circuit Court
from the Board of Appeals has been removed because it is unnecessary.
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Division 6. Use Permits.
Section 25 -2 -60. This is a new section that is intended to explain that use permits regulate permitted
Purpose. uses and why use permits are required for these uses.
Section 25 -2 -61. Major revisions have been made to this section to delete many of the uses previously
Applicability; use requiring a use permit. The deleted uses are either specifically permitted or
permit required. prohibited in the particular zoning districts. Deleted uses include automobile
service stations in the V district which will be permitted in the district, golf courses
which will be permitted in most districts, junk yards which will be permitted in the
ML and MG districts, medical clinics, which will only be permitted in the
commercial districts (not the residential districts), indoor recreation facilities (such
as spas, racket ball courts) which will be permitted in commercial, industrial and
resort districts, heliports which will be permitted in certain districts, animals which
are no longer regulated under the Zoning Code, and public dumps which will be
permitted in the MG district. New uses requiring a use permit include mortuaries in
residential districts, which were not covered under the existing Zoning Code, and
major outdoor amusement and recreation facilities. A new subsection has been
added to clarify that a use permit is not required if a special permit is obtained for
the particular use.
Draft 4: (1) Deleted `cemeteries' and mausoleums' from category of uses requiring a use
permit. (2) Added `cinder cone excavation' to the category of uses requiring a use permit.
(3) Added CFA district and deleted IA district as applicable for churches, temples,
synagogues, etc. (4) Added RA and dektedRIX and IA districts as appf'cadle for day
care facilities. (5) Added TA district and deleted IA district as applicable for hospitals,
sanitariums, etc. (6) Added TA district as applicable for mortuaries. (7) Added TA
district and deleted RCA' district as applicable for schools.
Draft 9: (1) Cinder cone excavation deleted. (2) Golf courses and related golf course uses
listed as a permitted use in RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and 0 districts transferred
to the category of uses requiring a use permit. (3) Telecommunication antennas and towers
listed as a permitted use in the RS, RD, RM and RCX districts were transferred to the category
of uses requiring a use permit.
Section 25 -2 -62. The filing fee for a use permit application has been increased from $100 to $250.
Application for use Also, the standards for approval have been deleted so as to avoid duplication.
permit; requirements. Subsection (5) merely refers to the applicable section which lists the standards.
Draft 4: Subsection (6f4) -- Deleted 300 foot reference for surrounding property owner
notification and cited section 25 -2 -4.
Section 25 -2 -63. This section consists of revisions of subsection (c) and (d) of section 25 -29.
Procedure for use Definite time limitations are established within which to commence the Planning
permit. Commission public hearing. It is also expressly stated that the Commission will not
hold a contested case on a use permit application. Notice and publication provisions
have been shortened in order to follow the uniform notice and publication
requirements contained in Article 2, Div. 1.
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Draft 4: Subsection (5) -- Deleted 300 foot reference andfive working days for
surrounding property owner notification and cited section 25 -2 -4.
Section 25 -2 -64. This section is subsection (e) of section 25 -29. This section has been revised to
Action on use permit. provide a definite time limitation for Commission action of 90 days from the time
the application is accepted. It also includes a subsection authorizing the
Commission to impose conditions on the permit.
Draft 9: Added provision that approval of a use permit in the event the commission fails to
render a decision within 90 days could occur only if no written objections are received.
Section 25 -2 -65. This is presently subsection (f) of section 25 -29, revised to provide that the
Criteria for granting a Commission is required to issue a use permit if the conditions are met. Also,
use permit. subsection (0(3) has been deleted because it encourages monopolies. This
subsection prohibits any use which adversely affects similar existing uses in the
area, and would, in effect, allow for only one use permit in an area.
Draft 8: The word "shall" was replaced by "may" making the issuance of a use permit
discretionary.
Section 25 -2 -66. This is presently subsection (g) of section 25 -29.
Appeal of a use permit
decision.
Section 25 -2 -67. This is a new section which permits cancellation of a use permit at the request of a
Revocation of a use property owner or other person with the owner's consent or a the request of the
permit. Planning Director for good cause.
Division 7. Plan approval.
Section 25 - - 70. The major change to this section is to require conformance of the development to
Purpose. the General Plan.
Section 25 -2 -71. Major changes have been made to this section which include (1) deleting RS from
Applicability; plan the plan approval requirement; (2) eliminating plan approval for every change of use
approval required. and making it applicable only to new structures and development and additions to
existing structures and developments; (3) establishing specific changes in use where
plan approval would be required because of the impact of the change (e.g. changing
residential to commercial and warehouse to commercial, or agricultural processing
facilities per Ord. No. 92 -94); and (4) specifying certain particular uses which
require plan approval.
Draft 4: Subsection (a) —Added TA district to the fist of exceptions where a plan
approval would not be required Subsection (d)— Changed those districts where plan
approval is requiredfor major or minor agricultural products processing from A and IA
districts to WA and TA districts.
Draft 9: (1) Deleted home occupations from plan approval requirements. Filing of
declaration required. (2) Deleted requirement for plan approval of major agricultural
products processing as it is not a permitted use in RA and FA district. (3) Required plan
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approval for trailer park development in A district.
Section 25 -2 -73. Plan This is a new section, which incorporates some of the standards contained in the
approval application definition of "bed and breakfast establishment" under section 25- 4(b)(3).
requirements for bed
and breakfast
establishments.
Section 25 -2 -74. Plan This is a new section which codifies the submittal presently being required by the
approval application Planning Department for these type of structures.
requirements for
telecommunication Draft 4: Added requirement that building plans for the tower he certified by a licensed
antennas. structural engineer verifying that tower will sustain winds of 100 mph.
Section 25 -2 -75. This section consists of subsections (a) and (c) of the present section 25 -244, with
Action on plan the addition of the approval standards for uses which have additional review
approval application. requirements, including bed and breakfast establishments, telecommunication
antennas and towers, home occupations and temporary model homes and real estate
offices.
Draft 9: (1) Deleted statement (d) that director may only issue plan approval for home
occupation if use met certain conditions. (2) Specified plan approval review period as 30
days in subsection (e).
Section 25 - - 76. Review This is subsection (a) (1) and (2) of the present section 25 -244, with minor language
criteria and conditions changes.
of approval.
Section 25 - 2 - 77. This is subsection (b) of the present section 25 - 244, with minor language changes.
Construction in
conformity with plan
approval.
Section 25 -2 -78. This section is subsection (d) of the present section 25 -244, with minor language
Appeal of a plan changes.
approval decision.
Article 3. Establishment of Zoning Districts.
Section 25 -3 -1. Under this section, the CO district is deleted and will be incorporated into the CG
Designation of district; the U district is deleted and incorporated into A; the combining district is
districts. deleted since flood control is covered by Chapter 27. Two new mixed use districts
are established, the RCX (residential - commercial mixed) and the MCX (industrial -
commercial mixed). Also, CDH, downtown Hilo Commercial District is moved to
Article 7 regarding Special District Regulations. A paragraph has been added as
subsection (b), which provides the transition required for the deletion of the affected
zoning districts.
It should be noted that the Zoning Code revisions do not contemplate that any
property is to be automatically rezoned by the creation of new zoning districts, such
as the MCX or the RCX districts. Action to rezone any property to these district
would have to be initiated either by the property owner or by the County in
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accordance with the amendment provisions of the Zoning Code.
Section 25 -3 -2. This is a new section which designates the special districts of the Kailua Village
Designation of special design commission, the CDH Downtown Hilo commercial district, geothermal
districts. subzone districts and special districts. There have not been any criteria established
for geothermal subzone districts under the proposed draft of the Zoning Code,
although there is a provision for this special district under the subject section. Also,
the combining districts (safety and safety flood hazard districts), previously
described in section 25 -81, have been deleted. These districts have been eliminated
because flood hazards and tsunamis are regulated by Chapter 27 of the Code.
Draft 4: Added TA district. 'Under special' district designation, deleted "Special
districts" and added "Project districts" and Agricultural project districts."
Section 25 -3 -3. Subsection (c) has been revised to allow for nonsignificant zoning changes to be
Method and effect of made by the Planning Director.
establishment of
districts.
Section 25 -3 -4. This section is compilation of sections 25 -261, 25 -262 and 25 -263.
Establishment of
building lines, future
width lines and plans
lines for future streets.
Section 25 - - 5. Draft 4: Subsection (e) included a provision that draws the creation of a building site
Application of district when, by reason of an amendment to this chapter, the minimum budding site areas
regulations. become smatter than the minimum budding site area estabtshedfor the district.
Draft 9: (1) Subsection (e) language further clarified that any parcel of land with minimum
building site areas established by a zoning ordinance predating 12/7/96 may be developed
in accordance with the pre- existing ordinance. (2) Added subsection (f) further clarified that
any parcel of land with minimum building site areas established by a zoning ordinance having
a future effective date may be developed in accordance with that ordinance.
Section 25 -3 -7. The district classification provision for streets, under section 25 -40, has been
District classification relocated from Article 2, Division 7 regarding supplementary use regulations to the
of streets. present section, since it was inappropriate in the division. The remaining portion of
section 25 -40 regarding use of streets is combined with section 25 -47 and is now
designated as section 25 -4 -6.
Section 25 -3 -8. Legal This is a revision of section 25 -264. The revision provides that the building lines,
effect of establishment future width lines and plan lines must be established on the zoning map to be
of building lines, effective. Once duly adopted, the area within these lines cannot be used to compute
future width lines and minimum yard requirements or, with respect to plan lines for future streets,
plan lines. minimum lot requirements.
Draft 9: Deleted reference to computing 'minimum required area.'
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Article 4. General Development Regulations.
Division 1. Use Regulations.
Section 25 -4 -2. This is a major revision of the section intended to resolve the practical difficulties in
Conditions for compliance with the present section. The present section requires two of three
construction of improvement conditions to be in place before a dwelling unit can be constructed.
buildings designed for This doesn't always work. The conditions are (1) a dedicated County street (many
human occupancy. of the streets and roads are private); (2) a publicly owned and operated water system
(many have catchment and private system); and (3) a disposal system approved by
the DOH. Under the present language, many buildings are being constructed
illegally because they are on private roads without public water systems. The
revision of subsection (a) only requires verification of availability of water and
wastewater disposal. The revision of subsection (b) allows for the construction of
buildings after subdivision, either by completion of the subdivision improvements or
by bonding the improvements, with final occupancy being withheld until all of the
subdivision improvements are completed. This will resolve the present problem
with the subsection which seems to prohibit individuals from starting construction
prior to the County's acceptance of all subdivision improvements. Subsection (3) of
section 25 -39, regarding older communities, has been deleted since it would be
unnecessary with this revision.
(Draft 4: Revised language that bunting site must be served by a County or privately
ownedwatersystem to say publicly or privately ownedwatersystem. Minor wording
cfianges in (5)(2)
Deletion of Sections Section 25 -40, regarding district classification of streets, section 25 -41, regarding
25 -40, 25 -41, 25 -42, minimum street frontage, and section 25 -43, regarding waiver of requirements in
25 -43. consolidation and resubdivision have been deleted and relocated to other areas
within the proposed Zoning Code revision. Also, section 25 -42, regarding shoreline
setback, has been has been deleted because shoreline setbacks are regulated under
the Coastal Zone Management provisions of HRS Chapter 205A.
Section 25 -4 -5. Uses This section has been revised to include permits issued by the Board of Land and
authorized by other Natural Resources (CDUPs) and permits issued by the Planning Commission and
permits. the Planning Director under the Coastal Zone Management Act (SMA use permits
and shoreline setback variances).
Section 25 -4 -7. Bed This section represents a major revision of the bed and breakfast regulations,
and breakfast presently contained under the definition of bed and breakfast in section 25- 4(b)(3).
establishments. Only the definition of a "bed and breakfast establishment" has been retained in the
definition section under Article 1. The substantive changes regarding bed and
breakfast establishments include (1) requiring a use permit for a bed and breakfast
establishment only in the single - family residential (RS) district with plan approval
alone being required for this use in other districts (although a special permit would
still be required within the State Land Use Rural or Agricultural districts); (2)
eliminating the requirement that the operator of the bed and breakfast establishment
reside in the same single- family dwelling unit as the bed and breakfast
establishment, and providing that the operator only reside on the same building site;
(3) permitting a bed and breakfast establishment to be situated within a guest house
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on a building site; (4) eliminating the requirement that access to the lot on which a
bed and breakfast establishment is located meet the requirements of the applicable
agencies, since the access for a single - family dwelling unit has already been
approved by the required agencies; (5) eliminating the paved parking requirement in
the RS, RA and A districts if a material is used for the parking stall which will
eliminate erosion, mud and standing water; and (6) eliminating the provision of
compliance with restrictive deed covenants. This Last revision is an attempt to avoid
government involvement in private land use matters. Subsections (e) and (1) are
also added which propose to bring existing non - permitted bed and breakfast
establishments into conformity and to retain any use permit conditions imposed on
existing permitted bed and breakfast establishments. The required documentation to
be submitted to the Planning Director for a bed and breakfast establishment has been
relocated to Article 2, Division 7 regarding plan approval.
(Draft 4: Added TA district to districts where gel and breakfast esta6Cishments are
permitted. @eT ted "continentaC when describing the kiwi of breakfast meats that can
Be offered Afro allowed T.A. district to have minimum Cot size of the applicable zoning
district. Tavel parking staffs not required in TA district. Moved date for non-
conforming from December 31, 1996, to September 30, 1997. Waved date for legalizing
l3ca via plan approvaC use permit or special from December 31, 1996 to June 30,
1997.
Section 25 -4 -8. This section has been revised to allow real estate offices in all districts except for the
Temporary real estate A, IA and 0 districts and temporary model homes in all districts except for the A,
offices and model IA, MCX, ML, MG and 0 districts.
homes.
Section 25 -4 -9. Guest The maximum height of a guest house has been revised to be described in feet as
houses. opposed to stories, since the Zoning Code presently describes height of structures in
feet, as opposed to stories.
Section 25 -4 -11. Radio and television substations have been added to the list of substations
Power lines, utilities; authorized under subsection (b), since these facilities are already permitted uses.
substations, public Subsection (c) has been revised to be consistent with the definitions of "public
buildings. structures and uses" and "community buildings" contained in the definitions. The
present language authorizes "community, public and public service buildings."
Section 25 -4 -12. This is new section which is intended to provide objective standards for
Telecommunication development of telecommunication antennas and towers.
antennas.
Draft 9: Changed telecommunication antenna or tower from being a permitted use in any
district to requiring a use permit when in RS, RD, RM, and RCX districts.
Deletion of Section 25- Section 25 -53, regarding directed exterior lighting, has been deleted because
53. exterior lighting is regulated elsewhere in the County Code.
Section 25 -4 -13. This is a new section which expands the present home occupation criteria contained
Home occupations. under the definition of "home occupation" in section 25- 4(6)(31), by allowing
activities outside the dwelling provided that the activity is screened from public
view. The revision deletes the prohibition on mechanical equipment. It also allows
for the sale of goods and the provision of instruction, on a limited basis, on the
property. A provision for parking is also added. Plan approval will be required for
this expanded concept of home occupations.
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(Draft 4: Restructured section 25 - - 13. (1) Allowed home occupation in a ff districts,
essentially expanding it into £M1, 51G 51C X, EA, IA, and O. (2) Allowed one outside
employee. (3) Added excessive level of noise attenuation to he enclosed (4) 2rohibited
interior sign visi6Ce to the pu6Cic. (5) Required outdoor storage of materia(and supplies
to 6e screenedfrom pu6Cic. (6) Where (Draft 1 required plan approvat for allhome
occupations, (Draft 4 required it for certain types of home occupations with potential
impact. (7) !Moved date for compliance as a permitted use with plan approva(from
(Decemfer31, 1996, to June 30, 1997.
Draft 9: (1) Deleted subsection (c) requiring plan approval for home occupations. (2)
Group instruction was deleted from the list of prohibited uses as a home occupation. (3)
Any activities involving frequent visits by the public was also deleted from the list of prohibited
uses as a home occupation. (4) Clarified process and timing of legalizing non - conforming
home occupation uses.
Section 25 - - 14. Flag This is a new section that is based on the recommendations of the Planning
lots. Department and the Department of Public Works because the present Zoning Code
does not address the issue of flag lots.
Division 2. Heights.
Section 25 - - 22. The revision of this section adds other exemptions to height limits which were not
Exemptions from considered in the present Zoning Code. Also included is the height exemption
height limitations. contained in section 25 -161 allowing farm structures in the IA district up to a
height of 100 feet.
Draft 4: Added CFA andA districts to exemption for structures up to a height of 100
feet.
Draft 9: Deleted exemption allowing non - residential agricultural structures to be constructed
to a height of 100 feet in FA district.
Section 25 -4 -23. (Draft 4: Increased height limit of accessory structures from 15 to 20 feet.
Division 3. Street Frontage, Lot Areas and Widths.
Section 25 -4 -30. This section is a revision of section 25 -41, regarding minimum street frontage. The
Minimum street revision (1) clarifies the minimum street frontage requirements for flag lots; (2)
frontage. attempts to resolve the problem of the siting of a lot at the end of a cul -de -sac; and
(3) addresses the situation of lots having no street frontage because they are
provided with access by means of easements.
Division 4. Yards and Open Space.
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Section 25 -4 -43. This section has been revised to clarify that perimeter boundary walls, less than 6
Fences and accessory feet in height are permitted within the front, rear and side setbacks. Also, a new
structures. subsection (c) has been added which provides that there are no open space
requirements in relation to buildings for accessory structures. The revision is
intended, in part, to resolve a conflict between the Building and Planning
Departments regarding the location of water tanks adjacent to buildings. The
Building Code does not require any setbacks for accessory structures and water
tanks. Planning has interpreted the Zoning Code provision regarding "accessory
buildings" to include "accessory structures" and has prohibited individuals with
catchment water systems from locating their water tanks less than ten feet away
from their residential dwelling unless the water tank is somehow connected to the
dwelling unit (such as with a covered walkway, etc.)
Draft 9: Clarified that fences, etc 'six feet or less' would be permited within the setbacks.
Section 25 -4 -45. The revision deletes the plan approval requirement for porte - cocheres.
Projection of porte
cocheres.
Section 25 -4 -46. This is a new section to address pools, a subject not covered under the present
Projection of pools. Zoning Code.
Section 25 -4 -47. The revision provides a method for measuring the distance between main buildings.
Minimum distance
between main
buildings on same
building site.
Section 25 -4 -48. The revision divides the present section into more subsections. It also revises the
Yards required for section to clarify that the open space requirements for accessory buildings do not
accessory buildings. include other accessory structures.
(Draft 4: Deleted in its entirety.
Division 5. Off - Street Parking and Loading.
Section 25 - - 50. Off An intent provision is added as subsection (a).
street parking and
loading; purpose.
Section 25 -4 -51. The revision of this section decreases the categories for parking by establishing two
Required number of major classes for parking; commercial with 1 space per 200 square feet required and
parking spaces. industrial with 1 space per 400 square feet required. The remaining uses would
apply to stand alone facilities. Most of the particular uses remained the same, but
school parking was increased based on comments received. Mortuaries were also
changed to reflect the current type of mortuaries. Under the revision to subsection
(b), parking would not be reviewed in existing buildings unless there was a change
from residential to commercial or from warehouse and manufacturing to retail or
commercial. Under subsection (c), shared parking facilities may be up to 1,000 feet
away from the affected building site in lieu of the present 500 feet.
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[Draft 4: (1) Decreased commercial parking requirements from 1:200 sf to 1:300 sf. (2)
Increased single family dwelling parking requirements from one to two staffs. (3) Added
TA Atria where appficabfe. (4) Instead of one per acre of park the director determines
how many parking staffs would 6e requiredfor parks.
Draft 9: Parking ratio for hotels and lodges changed from 1:2 stalls per unit to 1:3 stalls per
units without kitchens and 1.25:1 stalls per units with kitchens.
Section 25 -4 -52. The revision of this section provides (1) a method for calculating seats in stadiums
Method of under subsection (b); and (2) an alternative provision for bicycle spaces which
determining number allows for five bicycle spaces to be substituted for one vehicle parking space under
of parking spaces. subsection (c). Subsection (d) is a portion of the section 25- 71(b).
Section 25 -4 -53. This section is a portion of section 25 -71. The remainder of section 25 -71 is
Minimum dimensions contained in section 25 -4 -54.
of parking spaces.
Section 25 -4 -54. This section is the reminder of section 25 -71 plus section 25 -72. The major addition
Standards and to this section is the allowance of unpaved parking spaces in the RS. RA, A and IA
improvements to off- districts.
street parking spaces.
(Draft 4: Added WA district to unpaved parking affowance.
Section 25 -4 -55. This section is a revision of section 25 -73.1 to make it conform to the federal ADA
Parking for standards and the Uniform Building Code.
individuals with
disabilities. (Draft 4: SpecdADAstandards in great detail
Draft 9: Reworded and rephrased various subsections.
Section 25 -4 -56. Off- This is a new section intended to provide standards for off - street loading spaces.
street loading
requirements.
Section 25 -4 -57. This is new section providing for loading space standards.
Method of
determining number
of loading spaces.
Section 25 -4 -58. This section retains the standards in section 25 -74(b) and adds new standards that
Dimension of loading will accommodate trucks up to 45 feet in length.
spaces.
Section 25 -4 -59. This is a new section providing standards for loading spaces.
Location and
improvement of
loading spaces.
Section 25 -4 -59.2. This section combines those areas exempted from the parking requirements into one
Exceptions to the off section. Also, an exemption is added to exclude Kailua Village from the parking
street parking and requirements of the Zoning Code.
loading requirements.
(Draft 4: (Deleted (c), which designated7(¢iluaVillage under this eicception.
Section 25 - - 59.3. This is a new section providing for landscaping and screening of parking and
Landscaping and loading areas.
screening for parking
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lots and loading spaces.
Draft 9: Changed trigger for applying this section by raising the minimum parking stalls from
10 to 12. Also required a 2 -inch caliper for every 12 stalls instead of 6. Eliminated
requirement of one canopy form tree of 6 -inch caliper for every 12 parking stalls. Planting
area and /or tree well was increased from 9 s.f. to 30 s.f.
Division 6. Nonconforming uses.
Section 25 -4 -60. This section, which contains subsection (a) and (b) of section 25 -79, has been
Nonconforming revised to be consistent with the Building Code.
buildings; maintenance
and repair.
Section 25 -4 -61. This section is subsection (c)(1) of section 25 -79.
Continuance of
nonconforming uses of
land and buildings.
Section 25 -4 -62. This section is subsection (c)(2) of section 25 -79.
Abandonment of
nonconforming use.
Section 25 -4 -63. This section is subsection (c)(3) of section 25 -79.
Destruction of building
with nonconforming use.
Section 25 -4 -64. This section is subsection (c)(4) of section 25 -79.
Maintenance of building
with nonconforming use.
Section 25 -4 -65. This section is subsection (c)(5) of section 25 -79.
Expansion of
nonconforming use;
changes to building with
nonconforming use.
Article 5. Zoning Regulations
Division 1. RS, Single- Family Residential Districts.
Section 25 -5 -3. This section is a revision of section 25 -120. Subsection (a) describes the permitted
Permitted uses. uses in the district and subsection (b) described those uses that are permitted if a use
permit is obtained. Changes include the following:
1. "family care" and "family boarding homes" are now called "group living
facilities".
2. "family child care homes" and "adult day care homes" are added as new
permitted uses.
3. Telecommunication antennas, which have been permitted under interpretation
of the Code, are now listed as permitted uses.
4. The term "crop production" replaces the long explanation of growing of crops.
Crop production is defined under the definitions in Article 1 of the Code.
5. Temporary real estate offices, model homes, public uses and structures,
community buildings, and utility substations are permitted under the existing Code
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and are now specifically listed as permitted uses in this district.
6. Mortuaries are added as permitted uses with a use permit. This was a
classification that was omitted in the present version of the Code, and Planning
Department staff recommended the change.
7. Major outdoor amusement and recreation facilities are added as being
permitted with a use permit.
linics are deleted as permitted uses and are proposed to be prohibited in the RS
district. Under the existing code, medical clinics are permitted in the RS district with
a use permit.
es (as newly defined) are added as permitted with a use permit.
acilities are added as permitted uses.
11. Bed and breakfast establishments are permitted uses, but continue to require a
use permit.
Draft 4: (1) Cemeteries and mausoleums were changedfrom requiring a use permit to
being a permitted use. (2) Golf course driving ranges were added to the fist of permitted
uses.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses to
the list requiring a use permit. (2) Telecommunication antennas and towers were moved from
the list of permitted uses to the list requiring a use permit. (3) In subsection (b), "shall" was
replaced by "may" making issuance of a use permit discretionary.
Section 25 - - 5. (Draft 4: Eliminated proposed language on exceptions and moved it under section 2S -S -8 --
Minimum building Other Wegufations (d).
site area.
Section 25 -5 -8. The revision to this section adds a provision authorizing guest houses. Presently
Other regulations. there is no specific provision in the Zoning Code which authorizes a guest house, in
addition to the main single- family residence. The revision also deletes the
requirement that a carport or garage be provided for the required parking in the RS
district.
(Draft 4: Included subsection relating to exceptions to certain requirements in this section
may be approved by the director for a 2V.(D., GP(D., and project district.
Draft 9: (1) Added statement that ohana dwelling unit may be permitted. (2) Project
district' removed from statement on exceptions to heights, site areas, and average widths and
yards because it is legislative in nature.
Division 2, RD, Double - Family Residential Districts.
Section 25 - - 22. This section has been revised to specifically include all of the RS uses permitted in
Permitted uses. the RD district (which were previously included by reference). The only additional
uses permitted in this district are double - family dwellings and bed and breakfast
establishments.
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Draft 4: (1) Cemeteries and mausoleums were changedfrom requiring a use permit to
being a permitted use. (2) Golf course driving ranges were added to the Cut of permitted
uses.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses to
the list requiring a use permit. (2) Telecommunication antennas and towers were moved from
the list of permitted uses to the list requiring a use permit. (3) In subsection (b), "shall" was
replaced by "may" making issuance os a use permit discretionary.
Section 25 - - 24. Draft 4: (Eliminated proposed language on exceptions and moved it under section 25-5 -
Minimum building 27- -Other Regulations (c!).
site area.
Section 25 -5 -25. This section has been revised to include the RS standards, which were previously
Minimum building incorporated by reference.
site average width.
Section 25 -5 -26. This section has been revised to include the RS standards, which were previously
Minimum yards. incorporated by reference.
Section 25 -5 -27. A new subsection has been added to indicate that plan approval is required for
Other regulations. improvements within this district. The parking subsection has been deleted.
(Draft 4: Included subsection relating to exceptions to certain requirements in this section
may be approved by the director for a R.V.D or a project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
Division 3. RM, Multiple - Family Residential Districts.
Section 25 - - 32. All of the permitted uses are listed in the revision to this section, in lieu of the
Permitted Uses. existing provision which incorporates uses from other districts by reference. The
changes in the permitted uses in the district include the deletion of clubs, social
orders, lodges, and fraternal organizations which are now called "meeting facilities ",
and the addition of small scale retail and personal services uses, at the discretion of
the Planing Director, provided that the area is no larger than 1,200 square feet and
has not more than five employees. Also, the term "apartments" has been deleted
and replaced with the term "dwellings, multiple - family."
Draft 4: (1) Cemeteries andmausofeums were changedfrom requiring a use permit to
being a permitted use. (2) Golf course driving ranges were added to the fist of permitted
uses. (3) 'Time share units were added as a permitted use.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Telecommunication antennas and towers were moved
from the list of permitted uses to the list requiring a use permit. (3) In subsection (b),
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"shall" was replaced by "may ".
Section 25 -5 -37. This section incorporates the landscaping standards recommended in the general
Landscaping. plan for the RM district. The ground cover ratios in the General Plan range from
20% (1,000 and 1,500 sq. ft. of land area per unit) to 24% (1,250 sq. ft. of land area
per unit), and the 20% figure was finally used.
Section 25 -5 -38. In subsection (c) of this section, the plan approval requirement for all uses has been
Other regulations. deleted.
Draft 4: Included subsection relating to exceptions to certain requirements in this
section may 6e approved 6y the director for a P.V.D or a project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
Division 4. RCX, Residential - Commercial Mixed Use Districts.
Section 25 - - 40. The intent of this new district is to add a limited number of commercial uses in a
Purposes and residential area. This is an attempt to provide for neighborhoods, similar to that
applicability. promoted under the neo- traditional planning concept. Essentially the requirements
for the RM district are used, with the addition of certain commercial uses and
special conditions on those commercial uses when in the same building as the
residential uses.
Draft 4: Wefined the purpose by adding "small -scale service type commercial uses in a
district that is primarily residential in character ".
Section 25 -5 -42. Additional uses permitted in this district include churches, community buildings,
Permitted uses. convenience stores, medical clinics, and restaurants.
Draft 4: (1) Cemeteries and mausoleums were changedfrom requiring a use permit to
being a permitted use. (2) Golf course driving ranges were added to the fist of permitted
uses. (3) Day care centers and schools were changedfrom requiring a use permit to being
permitted uses.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Telecommunication antennas and towers were moved
from the list of permitted uses to the list requiring a use permit. (3) In subsection (b),
"shall" was replaced by "may" making the issuance of a use permit discretionary.
Section 25 -5 -49. Draft 4: Included subsection relating to exceptions to certain requirements in the
Other Regulations. section may 6e approved by the directorfora R.v.D ora project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
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Division 5. RA, Residential and Agricultural Districts.
Section 25 -5 -50. This section has been revised to specify that RA districts are not to be
Purpose and located in the State Land Use ( "SLU ") Agricultural district.
applicability.
Draft 4: Purpose of [2A district clarified
Section 25 -5 -52. Changes were made to make the section consistent with FIRS Chapter 205
Permitted uses. (in part providing for SLU Rural lands). The changes include the
following:
1. Truck gardening has been changed to "crop production" and
defined in the code under Article 1.
2. Processing and storage of products has been changed to
"agricultural products processing, minor" and defined in the code under
Article 1.
3. The sale and storage of agricultural products was changed to
"roadside stands for the sale of agricultural products grown on the
premises."
4. The raising of livestock was changed to "livestock production" as
defined in the code under Article 1.
5. Uses which would require a special permit when in the SLU Rural
District are contained in subsection (b).
6. Uses which would require either a use permit or a special permit (if
in the SLU Rural District) are contained in subsection (c).
Draft 4: (1) Airfie&s, heliports and private landing strips were eliminated as
permitted uses. (2) Cemeteries and mausoleums were changedfrom requiring a
use /special permit to being a permitted use. (3) Golf course driving ranges
were added as a permitted uses. (4) Country clubs were eliminated as a
permitted use. (5) 7Cenne& were added as a permitted use. (6) Xome
occupations were changedfrom being a permitted use to requiring a special
permit. (7) !Minimum set6ackfor livestock feeding and animal keeping areas
changedfrom 60 feet from any dwelling unit to 75 feet from any tht line. (8)
!Minimum set6ackof 100 feet from any tht line for commercial or boarding
stables was added (9) Stadiums, sports arenas, driving ranges and other
similar open air recreational uses were moved from being permitted uses to
requiring a use /special permit. (10) Inns were deleted (11) Non - commercial
chafer cone ejccavation of cones having a height of 50 feet or more required to
obtain a use permit.
Draft 9: (1) Golf courses and related amenities were moved from the list of
permitted uses to the list requiring a use permit. (2) Telecommunication
antennas and towers were moved from the list of permitted uses to the list
requiring a use permit. (3) Swimming parks, tennis courts and other similar
outdoor recreational uses was removed from the list of permitted uses. (4)
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Cinder cone excavation was deleted from the category requiring a use /special
permit. (5) In subsection (c), "shall" was replaced by "may" making the issuance
of a use permit discretionary.
Section 25 - - 57. Draft 4: Included subsection relating to exceptions to certain requirements in
Other regulations. this section may he approved by the director for a T.V.D.
Draft 9: (1) Added requirement for plan approval for minor agricultural
processing. (2) Added statement that ohana dwelling unit may be permitted.
New Division 6. 1% FamiCyAgricutturatDistricts.
Section 25 - - 60 to Draft 4: A new fmily Agricultural District was established to accommodate
25 - - 67. small -scale agricultural operations associated with residential activities.
Minimum lot sizes range from one acre to a recommended maximum offive
acres. Permitted uses are similar to District, however, major agricultural
products processing, animal hospitals, fertilizer yards, wind energy facilities
are not fisted as permitted uses in the TA district. Regulations relating to
single-family dwelling and dwellings are similar to District
regulations. Additionally, requires plan approvalfor minor agricultural
products processing developments.
Draft 9: Subsection 25 -5 -62: (1) Removed agricultural parks, animal
quarantine stations, forestry, golf courses and related amenities, and public and
private parks, playgrounds, etc from the list of permitted uses. (2) Golf courses
and related amenities would now require a use permit. (3) Guest ranches and
lodges and preserves were removed from the list requiring a special permit. (4)
Cinder cone excavation was deleted from the category requiring a use /special
permit. (5) In subsection (b), "shall" was replaced by "may ". Subsection 25 -5-
67: Added statement that ohana dwelling unit may be permitted.
Division 6. A, Agricultural Districts.
Section 25 - - 60. Draft 4: Purpose section refined by eliminating reference to suburban lands and making
Purpose and other style changes.
applicability.
Section 25 -5 -62. This section has been revised as follows:
Permitted uses. 1. Single - family dwellings are permitted only as permitted under HRS Chapter
205. This will, in effect, prohibit single - family dwelling only as long as the State
law prohibits single - family use. Thus, if the State law is amended to permit single -
family dwellings, such dwellings would be permitted under the County Zoning Code
without any further amendment.
2. Farm dwellings are added as permitted uses, with the deletion of dormitories
and additional single - family dwellings for farm employees.
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3. Crop production, and livestock production, major and minor, defined in the
Code under Article 1, replaces "all form of agriculture."
bs and lodges are deleted and replaced with term "meeting facilities."
5. Telecommunication antennas have been included since these facilities are
permitted uses in this district and already authorized by the County.
6. Additional uses permitted by HRS Chapter 205 have been included in the
revision, such as restoration of buildings and sites of historic or scenic interest, wind
energy facilities, agricultural parks, public institutions and buildings related to
agricultural practices, and game and fish propagation.
7. Subsection (b) provides that any permitted use that is not authorized under
HRS, Chapter 205, is conditioned upon obtaining a special permit for that use if the
use is on land within the SLU Agricultural district.
8. A category of uses is provided under subsection (c) which would require a
use permit for the use if the property is not within the SLU Agricultural district, and
a special permit if the property is within the SLU Agricultural district.
Draft 4: (1) Country clubs eliminated as a permitted use. (2) Cemeteries and mausoleums
were changedfrom requiring a use /special permit to being a permitted use. (3) Golf
course driving ranges were added as a permitted uses. (4) Inns were deleted (5) Non-
commercial cinder cone excavation of cones having a height of 50 feet or more required to
obtain a use permit. (6) Grandfathering provision included
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Veterinary establishments added to list of permitted
uses. (3) Use permit for non - commercial cinder cone excavation not required. It should be
noted that commercial excavation would require a special permit. (5(1) Golf courses and
related amenities were moved from the list of permitted uses to the list requiring a use
permit. (6) Required that no building site established after 12/1/96 could restrict certain
specified uses.
Section 25 -5 -63. This section has been revised to lower the height limit for residential structures from
Height limit. 45 feet to 35 feet, which is the standard for residential dwellings in the residential
districts.
Section 25 -5 -64. Draft 4: Increased minimum budding site area from one acre to five acres.
Minimum building site
area.
Section 25 -5 -65. Draft 4: Increased allowable minimum average width from 120 feet for the first acre to
Minimum building site 200 feet for the first five acres.
average width.
Draft 9: Section 25 -5 -76. Draft 9: Removed 100 -foot front yard requirement for livestock shelters and enclosures.
Minimum yards.
Section 25 - - 67. Draft 4: (1) Changedalfowable yard and height requirements for an area less than one
Other regulations. acre from RS district to RA district requirements. (2) Permitted one single-family
dwelling. (3) Cond'tionaly permittedadditionalfarm dweffings. (4) Included
subsection relating to exceptions to certain requirements in this section may be approved
by the directorfora oranA.P.V.
Draft 9: 'Agricultural project district' removed from statement on exceptions to heights, site
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areas, and average widths and yards because it is legislative in nature.
Division 7. Intensive Agricultural Districts.
Section 25 -5 -70. This section has been revised to expressly provide that lands in the IA district are to
Purpose and be situated either in the SLU Agricultural or Conservation districts.
applicability.
(Draft 4: States that the purpose of the IA district is to preserve important agricultural
lands as providedforin the general A mixofsmall and large scale commercial
farms characterize this district.
Section 25 -5 -72. This section has been revised to be consistent with the definitions contained in
Permitted uses. Article 1. Significant items in the revision include: (1) single - family residences
being deleted and farm dwellings substituted for single - family dwellings and (2) the
addition of forestry.
(Draft 4: (1) Added single-family dwellings as a permitted use. (2) Cemeteries and
mausoleums were changedfrom requiring a use/special permit to being a permitted use.
(3) Non - commercial cinder cone excavation of cones having a height of S0 feet or more
required to obtain a use permit. (4) Includes statement that permits all uses in IA. (5)
Building sites cannot restrict permitted uses.
Draft 9: (1) Deleted phrase requiring plan approval for major and minor agricultural
products processing. (2) Removed single - family dwelling as a permitted use. (3) Use
permit requirement for non - commercial cinder cone excavation deleted. (4) Added
statement prohibiting restriction of permitted uses.
Section 25 -5 -73. This section has been revised to include the agricultural district height limits, which
Height limit. are only referred to by reference in the present section.
Draft 9: Allows non - residential agricultural structures to a height of 100' with the director's approval.
Section 25 -5 -74. Draft 4: Increased minimum building site area from three acres to five acres. Eliminated
Minimum building site reference to recommended maximums.
area.
Section 25 -5 -75. This section has been revised to incorporate agricultural district standards, rather
Minimum building than only making reference to those standards.
site average width.
(Draft 4: Increased minimum average width from 160 feet for the first three acres to 200
feet for the first five acres.
Section 25 -5 -76. This section has been revised to incorporate the agricultural district yard standards,
Minimum yards. rather than only making reference to those standards.
Draft 9: Removed 100 - foot front yard requirement for livestock shelters and enclosures.
Section 25 -5 -77. (Draft 4; (1) Lots having Tess than the minimum Mt size of five acres must comply with TA
Other regulations. rather than WA district requirements. (2) Permitted one farm dwelling. (3) Conditionally
permittedadd'tionalfarm dwellings. (4) Included subsection relating to exceptions to
certain requirements in this section may be approved by the director for a P.'U.(D. or an
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Draft 9: (1) Added subsection (d) stating that an ohana dwelling would be permitted. (2)
'Agricultural project district' removed from statement on exceptions to heights, site areas,
and average widths and yards because it is legislative in nature.
Division 8. Resort -Hotel Districts.
Section 25 -5 -81. This section has been revised to incorporate the RM district standards which were
Designation and previously included by reference.
density of V districts.
Section 25 -5 -82. This section has been revised to expand permitted uses in resort areas, without
Permitted uses. having Director approval of each resort accessory use.
Draft 4: (1) Deleted dance hafts as a permitted use. (2) Cemeteries and mausoleums
were changedfrom requiring a use permit to being a permitted use. (3) golf course
driving ranges were added as a permitted use.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Theaters added as a permitted use. (3) (1) Golf
courses and related amenities were moved from the list of permitted uses to the list requiring
a use permit.
Section 25 -5 -87. This is a new section establishing landscaping requirements for the district.
Landscaping.
Section 25 - - 88. This section has been revised to delete subsection (d) relating to preliminary
Other regulations. plans to be submitted with a change of zone application, which belongs in the
change of zone section.
Draft 4: Included subsection relating to exceptions to certain requirements in this
section may be approved by the director for a 2 V.D. or a project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
Deletion of Article 11. Commercial Office Districts.
Article 11, relating to commercial office districts, has been deleted. This district has been
incorporated into the CG, general commercial district.
Division 9. CN, Neighborhood Commercial Districts.
Section 25 - - 92. This section was revised to provide for expanded uses as recommended by Planning
Permitted uses. Department staff (churches, schools, mortuaries). The revision also includes uses
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generally permitted uses in all districts, as well as uses in the RM district which are
included only by reference. Other additions include "open air markets" and
"theaters."
Draft 4: Cemeteries and mausoleums were changedfrom requiring a use permit to being
a permitted use. (Farmers (Market added as a permitted use per Ord No. 96 -59.
Draft 9: (1) Drive -thru establishments, libraries and open air markets removed from list of
permitted uses.
Section 25 - - 96. This revision removes the Director's discretion in plan approval, but provides
Minimum yards. protective measures when a building site abuts a residential area.
Section 25 - - 97. This is a new section which is also contained in the pending mixed use commercial -
Landscaping of yards. industrial zone ordinance.
Section 25 - - 98. This section has been revised to indicate that plan approval is only required for new
Other regulations. structures, and not for changes in use.
cDraft 4: Included subsection relating to exceptions to certain requirements in this
section may be approved by the director for a P.V.D. or a project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
Division 10. CG, General Commercial Districts.
Section 25 - - 102. This section has been revised to list all uses permitted in the district (including those
Permitted uses. previously referred to as being in the CN district, and those uses generally permitted
in all districts.). Also added are "automobile sales and rentals" in place of yards for
the storage of used automobiles, "car washing" with sound attenuation if
mechanized, "farmers markets," "open air markets ", "research laboratories" in
addition to "medical laboratories" and "veterinarian establishments in sound
attenuated buildings." In addition, the restriction on "laundries" which prevented
mechanized or steam cleaning has been deleted.
(Draft 4: (1) Deletedcocktaiffounges, and drive -thru establishments as a permitted use.
(2) Cemeteries and mausoleums were changedfrom requiring a use permit to being a
permitted use. (3) Inns were deleted from Cwt of permitted uses. (4) con course driving
ranges were added as a permitted uses. (5) Added time share units as a permitted use.
(6) Farmers 9Karket definition changed to conform to adopted law.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Open air markets, yacht harbors and boating facilities
were deleted from list of permitted uses. (3) In subsection (b), "shall" was replaced by
"may" making the issuance of a use permit discretionary.
Section 25 - - 103. The revision defines the boundaries of Kailua -Kona for purposes of this section.
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Height limit.
Section 25 -5 -106. This section has been revised to remove the Director's discretion through the plan
Minimum yards. approval process for side yards, but to require side yards when the parcel adjoins a
residential zoned district.
Section 25 -5 -107. This is a new section, which is also contained in the pending mixed use commercial -
Landscaping of yards. industrial zone ordinance.
Section 25 -5 -108. This section has been revised to indicate that plan approval is required only for new
Other regulations. structures; not changes in use of existing structures.
Draft 4: Included subsection relating to a Lceptions to certain requirements in this
section may be approved by the director for a P.V.D. or project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
Division 11. CV, Village Commercial Districts.
Section 25 -5 -110. This section has been revised to include language from the General Plan.
Purpose and
applicability.
Section 25 -5 -112. This section has been revised to list all the uses permitted in the district. Most of
Permitted uses. the specific categories have been deleted in the revision since these specific
categories fit into the broader definitions of certain uses (e.g. retail establishments,
manufacturing, etc.). "Used car lots" has been deleted and replaced with
"automobile sales and rentals" which is a broader term. Also, Director approval
has been added for certain types of uses, such as for manufacturing or major repair
establishments.
Draft 4: (1) (Deleted cocktailfounges as a permitted use. (2) Cemeteries and
mausoleums were changedfrom requiring a use permit to being a permitted use. (3)
Inns were deletedfrom list of permitted uses. (4) Golf course driving ranges were added
as a permitted use. (5) 'Farmers 91/tarket definition changed to conform to adopted
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Open air markets and libraries were deleted from list
of permitted uses. (3) In subsection (b), "shall" was replaced by "may" making the
issuance of a use permit discretionary.
Section 25 -5 -116. This section has been revised to remove the Director's discretion through the plan
Minimum yards. approval process for side yards. The amendment requires side yards when the
parcel adjoins a residential zoned district.
Section 25 - - 117. This is a new section, which is also contained in the pending mixed use
Landscaping of commercial - industrial zone ordinance.
yards.
Section 25 -5 -118. This section has been revised to indicate that plan approval is required only for new
Other regulations. structures; not changes in use of existing structures.
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4,11 ce
Draft 4: Included subsection relating to exceptions to certain requirements in this
section may be approved by the director for a T.. V.rD. or a project district.
Draft 9: 'Project district' removed from statement on exceptions to heights, site areas, and
average widths and yards because it is legislative in nature.
Division 12. MCX, Industrial - Commercial Mixed Districts.
Section 25 -5 -120. The MCX district is a new district that is intended to provide for a mix of
Purpose and commercial and industrial uses. This division is taken from the mixed -use
applicability. ordinance pending before the County Council. Only minor language changes have
been made to make the provisions relating to this district consistent with the
remainder of the Code.
Section 25 -5 -132. This section has been organized into three major subdivisions: Subsection (a)
Permitted uses. provides for permitted uses, subsection (b) provides for uses requiring a use permit,
and subsection (c) provides for incidental and subordinate uses. All permitted uses
in section 25 -216 were retained; however, some of the uses fall into larger
categories (e.g. repair establishments, etc.). Additional uses were added to reflect
modern technology and actual uses in the ML district. Added uses include
agricultural products processing, automobile sales and rentals, car washing,
catering establishments, churches, temples and synagogues, commercial parking
lots and garages, day care facilities, drive -thru establishments, financial
institutions, food manufacturing and processing facilities, greenhouses and plant
nurseries, home improvement centers, laboratories, light manufacturing, motion
picture and television production studios, photographic processing, public uses,
minor repair establishments, self - storage facilities, storage and sale of agricultural
products, veterinary establishments, recycling centers which do not process the
recyclables and vocational schools.
Draft 4: (1) Cemeteries and mausoleums were changedfrom requiring a use permit to
being a permitted use. (3) Nightclubs taverns and dance halls were deleted as permitted
uses. (4) cDrive -thru establishments were deleted as a permitted use.
Draft 9: In subsection (b), "shall" was replaced by "may" making the issuance of a use
permit discretionary.
Section 25 -5 -136. The section has been revised to remove the Director's discretion through the plan
Minimum yards. approval process for side and rear yards, but to require side and rear yards when the
parcel adjoins a residential zoned district.
Section 25 -5 -137. The present section 25 -221, is contained in subsection (c) of this section and is
Other regulations. revised to indicate that plan approval is required only for new structures; not
changes in use of existing structures. Subsections (a) and (b) are new proposals
intended to provide for landscaping and buffers along property lines.
(Draft 4: Included subsection relating to exceptions to certain requirements in this
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section may be approved by the director for a T..V. 'D.
Division 14. MG, General Industrial Districts.
Section 25 - - 142. This section has been revised to include all uses permitted in the ML district. Also,
Permitted uses. subordinate and incidental uses are listed in subsection (c). Additional general
categories have been added (e.g. fabricating establishments, freight movers, etc.)
(Draft 4: (1) Added bars as a permitted use. (2) Deleted drive -thru facilities. (3) Cemeteries
and mausoleums were changedfrom requiring a use permit to being a permitted use.
Draft 9: In subsection (b), "shall" was replaced by "may" making the issuance of a use
permit discretionary.
Section 25 - - 143. This section has been revised to provide that the Director is to determine whether
Height limit. an industrial structure is to exceed the 50 -foot height limit.
Section 25 - - 146. This section has been revised to remove the Director's discretion through the plan
Minimum yards. approval process for side and rear yards, but to require side and rear yards when the
parcel adjoins a residential or resort zoned district.
Section 25 - - 147. The present section 25 -213 is contained in subsection (c) of this section, revised to
Other regulations. indicate that plan approval is required only for new structures; not changes in use
of existing structures. Subsections (a) and (b) are new proposals intended to
provide for landscaping and buffers along property lines.
Draft 4: Incbudedsubsection rebating to exception to certain requirements in this
section may be appraved by the director for a P.V.D.
Division 15. 0, Open Districts.
Section 25 - - 152. This section has been revised to add forestry and game preserves as recommended
Permitted uses. by the General Plan. Also, community buildings, public uses and structures,
telecommunication antennas and utility substations have been added since these
facilities are permitted in all districts. Finally, cemeteries, crematoriums and
mausoleums have been added with a use permit.
Draft 4: (1) ( Debeted country clubs as permitted use. (2) Cemeteries and mausoleums were
changed from requiring a use permit to being a permitted use.
Draft 9: (1) Golf courses and related amenities were moved from the list of permitted uses
to the list requiring a use permit. (2) Added yacht harbors and boating facilities in the
category of uses requiring a use permit. (3) In subsection (b), "shall" was replaced by
"may" making the issuance of a use permit discretionary.
Draft 9: Section 25 -5 -167. Draft 9: Plan approval required for new and additions to existing structures.
Other regulations.
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Deletion of Articles 18 and 19. Unplanned and Safety Districts.
Article 18, relating to Unplanned districts has been deleted because the district is
incorporated as part of the Agricultural district as Agricultural with a minimum lot size of 5
acres (A5a). Article 19, relating to Safety districts has been deleted because the flood hazard
requirements are contained in Chapter 27 of the County Code relating to Flood Control.
Article 6. Optional Development Regulations.
Division 1. Planned Unit Development (P.U.D.)
Section 25 -6 -3. This section has been revised to: (1) increase the filing fee from $100 to $500; (2)
Application for P.U.D. clarify the present submittals required for this permit; (3) add the additional
permit; requirements. submittals required in the Planning Department's PUD application form; and (4)
require the applicant to provide an analysis of how the requested PUD satisfies the
standards or criteria for granting the request.
(Draft 4: (Deleted 300 foot reference for surrounding property owner notification and
cited section 25 -2 -4.
Section 25 - - 5. Notice (Draft 4: (Deleted 300 foot reference for surrounding property owner notification and
of action on P.U.D. cited section 25 - - 4. Increased time in which application must serve notice after director
application. fixes action date from 5 working days to 10 days.
Section 25 - - This section combines sections 25 -250, 25 -252 and 25 -253 of the existing code.
Actions by director on The reference to "Planning Department" has been changed to "Director" for
P.U.D. applications. consistency with other provisions in the Zoning Code. This section adds a 30 day
time limit for reviewing architectural plans submitted after a partial P.U.D. permit is
issued. Finally, the section provides for automatic permit denial when the Director
fails to act, except in the case of architectural plans submitted after a partial
approval has been granted.
(Draft 4: Deleted the word "architectural '.
Section 25 - - 7. Review These sections outline the procedures for processing a P.U.D. permit, which are
of director's action by identical to the variance procedures. The existing code only provides that the
non - applicant. Section variance procedures are to be followed for P.U.D.s, rather than outlining the specific
25 -6 -8, Appeal of procedures.
director's action by
applicant. Section 2 -6 -9.
Further appeal rights. (Draft 4: 4- visions were similar to those made in variance procedures inArtide 2,
(Division 5..
Section 25 -6 -10. This section contains the substance of subsection (a) of Section 25 -251.
Criteria for granting a
P.U.D. permit.
Section 25 -6 -11. This section contains the substance of subsection (b) and (c) of section 25 -251.
Height exceptions
authorized.
Section 25 -6 -14. Time The only substantive revision in this section is to delete the requirement that time
extensions and extension requests be submitted not less than 60 days prior to the expiration of the
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amendments. PUD permit.
Division 2. Cluster Plan Development (C.P.D.)
Section 25 - - 22. This section has been revised to be in accord with the County Charter to provide that
Application for C.P.D. the Director (in lieu of the Department) establishes the form of the application.
Section 25 -6 -23. This section contains subsection (a)(1) of Section 25 -60.
Computation of
maximum number of Draft 9: Change percentage of total land area required for street rights -of -way from 20% to
lots. 10% when applying computation of maximum number of lots.
Section 25 - - 24. Min, lot This section contains subsections (a)(2) and (3) of Section 25 -260.
size in C.P.D.
Section 25 - - 25. This section contains subsections (a)(4) and (5) of Section 25 - 260.
Common land in a
C.P.D.
Section 25 - - 26. Appeal This is a new section providing for appeal of the Planning Director's decision
of a C.P.D. decision. regarding a C.P.D. application.
Division 3. Ohana Dwellings.
Section 25 -6 -30. (Draft 4: ✓Minor revisions from Ord. No. 96 -47.
Purpose and
applicability.
Section 25 -6 -31. Paragraph (3), which required verification that an ohana dwelling was not prohibited
Conditions of by a private recorded covenant, has been deleted because this condition required
approval. County involvement in matters that are exclusively private land use matters.
(Draft 4: Eligibility for Draft 4: 9linor revisions from Ord No. 96 -47. Clarified that point in time when ohana
ohana dwelling permit. dwelling unit application can Be accepted when the building site is in the process of being
subdivided.
Section 25 - - 32 Draft 4: Numerous minor revisions from Ord No. 96 -47.
through 25 -6 -36.
Section 25 - - 37. This is a new section which is intended to restrict developers from obtaining ohana
Limitation on number of dwelling permits for numerous lots at the same time.
ohana dwelling
applications and (Draft 4: `Minor revisions from Ord No. 96 -47.
permits.
New Section 25 -6 -37. Draft 4: Referenced section 25 -4 -51 for ohana dwelling parking requirements.
Off street parking
spaces.
Draft 4: Section 25 -6 -39. Draft 4: Set filing fee of $25. Required applicant to serve notice of ofana dwelling
Application for ohana permit application on surrounding owners arid lessees of record in accordance with
dwelling permit; section 25 -2 -4.
requirements.
Section 25 - - 38. This is a new section which would grant the Planning Director authority to revoke
Revocation of ohana
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O
dwelling permits. an ohana dwelling permit under certain conditions. Under the present code, there is
no provision for revocation of such permits.
(Draft 4: Section 25 -6-
39.6 (Revocation of (Draft 4: Added statement on ability to appeal revocation to board of appeals.
ohana dwelling permit.
Draft 4: Section 25 -6- (Draft 4: Added that transfer of ohana dwelling permit wou&fbe permitted after
39.3. Non - transferabili construction campTted and final' apprava ( issued by chief engineer.
of permit.
(Draft 4: Section 25 -6- (Draft 4: Wequired pending applications filed prior to rYtay 4, 1996, to be processed in
39.4. Pending accordance with the new requirements.
applications.
Section 25 - - 39. Appeal This section has been revised to be consistent with the other appeal provisions in the
of ohana dwelling Zoning Code.
decision.
Division 4. Project Districts.
The project district is a new concept proposed for the Zoning Code which would provide for
flexibility in planning large scale projects. The concept contemplates approval of the project
district by ordinance amending the Zoning Code, with site plan approval administratively
handled by the Planning Director. The procedure for establishing a project district would be
similar to the procedure for a change of zone, except additional information would be
required for this application. The filing fee proposed for this type of application is $5,000,
because of the breadth of the application. Site plan approval would be similar to the
procedure for plan approval and would involve the location of the specific area boundaries,
street, etc., in lieu of the rigid boundaries of other zoning districts.
(Draft 4: Notification requirements to surrounding property owners changed to 6e consistent with section
25 -2 -4.
Draft 4: New Division 5. Agricultural Project Districts.
(Draft 4: Sections 25 - - 50 to 25 - - 59.2. Established new district caffedAgricuftura( (District
(ADD) intended to provide a flexible planning approach for development within agricultura(zoning
districts in lieu of spec fic land use designations. Criteria for establishing an APD is consistency with
general plan and conclusion that it would not adversely impact surrounding community. Establishes
minimum land area as two acres ((Project (District is 50 acres). Permitted uses are the same as .A and IA
districts. (Filing fee is set at $100 per acre up to a maximum of $5,000. (Review process is similar to project
district procedure.
Draft 9: Raised minimum land area required for APD from 2 to 5 acres.
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Article 7. Special District Regulations.
Division 1. Kailua Village Design Commission.
Section 25 -7 -1. Purpose Draft 4: E7andedKai1ua Village boundaries.
and applicability;
boundaries.
Section 25 -7 -2. Draft 4: Changed commission composition by requiring two design professionals, two
Commission members with building construction background, two members with knowledge about
membership;
appointment; term. historic Kona, and three members representing local businesses or property owners.
Division 2. CDH, Downtown Hilo Commercial District
Section 25 -7 -22. This section has been revised to list all uses permitted in the district. Terms have
Permitted uses. been revised for consistency with uses permitted in other districts. Also, the
categories of "open air markets" and "farmers markets" have been added to the list
of permitted uses within this district.
Draft 4: (1) Deleted "drive -thru establishments" and "inns' from list of permitted uses.
(2) Tanners £larket definition conforms to existing Or No. 96 - 59.
Draft 9: (1) Deleted open air markets as a permitted use.
Section 25 -7 -27. This section has been revised to indicate that plan approval is required only for new
Other regulations structures; not changes in use of existing structures.
Draft 4: Added New Ordinance Section 4.
Draft 4: Rgguireddirector to adopt rules to implement farm dwelling section by (March 31, 1997.
Draft 9: Renumbered section.
Draft 9: Added New Ordinance Sections 3, 4, 5 & 8
Draft 9: SECTION 3: Required director to adopt rules relating to County environmental report within 120 days
from effective date. County environmental report must conform in content to environmental assessments in
chapter 343, FIRS, if director fails to adopt rules within 120 -day period
Draft 9: SECTION 4: Stated that any application for zoning amendment filed as of 12/1/96, may continue to be
processed in accordance with the Zoning Code in effect as of the date of acceptance of the application.
Requires that public notification be done in accordance with the new Code.
Draft 9: SECTION 5: Other permit applications accepted for processing as of 12/1/96 may continue to be
processed in accordance with the Zoning code in effect as of the date of acceptance of the application.
Requires that public notification be done in accordance with the new Code.
Draft 9: SECTION 8: Directs the County Clerk to insert effective date in appropriate places.
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