HomeMy WebLinkAboutORD 1992-104 1992-1994COUNTY OF HAWAII,,,._-, STATE OF HAWAII
BILL NO. -,96
(Draft 3)
ORDINANCE NO 92 104
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, AS AMENDED, RELATING TO BED AND BREAKFAST
ESTABLISHMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Council finds that there is a growing
interest to establish bed and breakfast operations within this
county, However, Chapter 25 (Zoning Code) of the Hawaii County
Code, as amended, does not specifically address this type of
transient accommodation. Therefore, the purpose of this bill is to
allow such establishments within certain zoned districts, either as
a permitted use or through the Use Permit process.
SECTION 2. Section 25-4, Division 1, Article 1, Chapter 25 of
the Hawaii County Code is amended by including a new
Section 25-4(b)(3) to read as follows and by renumbering Subsections
(3) to (60) to Subsections (4) to (61):
"(3)(A) 'Bed and breakfast establishment' is an
owner -proprietor -occupied or lessee -proprietor -occupied single
family dwelling with a maximum of five guest bedrooms within the
dwelling in which overnight accommodations and only continental
breakfast m als are provided to a maximum of ten gLescs for
compensation for periods of less than thirty days
r
For the Purposes of this chapter, a 'lessee -proprietor'
means a lessee holding a lease of five () years or more, for the
residence and land which the bed and breakfast estgblishment shall
occupy.
and breakfast eRtablighment shall be
accessory gnd subordingte to the principal uge
of theoperator's
Accommodations TaxLicenae • General
Tax License shall • - slIbmitted to thg planning
department Pri• _ to final Plan approval for the
withinproposed bed and breakfast Mq±sjbjUishment,
Ljjj The owner-gperator or leszee-operator of the
}' • - dwelling unit being
used as a bed and breakfast e5tablishment.
(iii) The bed • breakfast establishment shall
contain no mgre than fixg guest bedrooms for
rent • guests, The minimum
• I district for•-• and
-2-
(B)
A bed
and
breakfast
establishm
nt
shall
be subject to
the
following
restrictiona
andstandards:
and breakfast eRtablighment shall be
accessory gnd subordingte to the principal uge
of theoperator's
Accommodations TaxLicenae • General
Tax License shall • - slIbmitted to thg planning
department Pri• _ to final Plan approval for the
withinproposed bed and breakfast Mq±sjbjUishment,
Ljjj The owner-gperator or leszee-operator of the
}' • - dwelling unit being
used as a bed and breakfast e5tablishment.
(iii) The bed • breakfast establishment shall
contain no mgre than fixg guest bedrooms for
rent • guests, The minimum
• I district for•-• and
-2-
breakfast -establishment with three (3)_ to five
(5) quest bedrooms is 11,000 sculare feet. An_v
lot less than 15,00o square feet in any RD R
RA, A. IA and U distri 5hall not have more
than two (2) Quest bedrooms.
iv The maximum number of quests permitted within a
bed and breakfast eStabliahment establishmentat any one time
shall be ten
(v) Only continental breakfast meals may be offered
t4 quests The serving of br atfact tor a f
ee
to individuals other than registered au st
shall be Prohibited, A bed and breakfast
establishment shall not On rate as a food
service establishment nlpas a food service
e&t_ablishment (i.e. recta,ran is_ lists as a
Permitted use within the zoned district,
vi One Paved (with on r or ac h It
concrete surface) off-atreet Parking stall
shall be Provided for each guest bedroom, in
addition to the reguir d 917( ) for the
dwelling unit,
vii (exterior sionag
which -advertises
thedwelling
the
as a bed and breakfast
establishment
m
sha 1
comely
with
the
reguir
m
n
s for
residential
signage
set
forth
in
Chanter
3
of
thg
Hawaii
-3-
vii' A bed and breakfast establishment shall obtain
S • __ . ... . _-�;.�u•:.:s:sib
establishment shall M? -Pt with the requirements
•
_ A bed and breakfast establishment shall not b
ohana dwellina hermit or which contains an
(xii) Should any rules and regi Rl J=��
accessibility to handicapped individuals be
adopted in the Hawaii County Code, a bed and
breakfast Pstablishment ahall be in conformance
with such reguirement,
-ME Notwithstanding the above standards and rest-rictions,
the Planning Commission may impose further restrictions as it deems
its Rules of Practice and Procedure,
-4-
LZ The applicant shall have the burden of proof in
establishing that the proposed bed and breakfast -eatablishment on
the lot will not violate a covenant restriction, homeowners
association covenant or by-law or other land use rgstriction or
limitation which is applicable to the affected lot. Such evidence
may include a title report from a licensed title ompany or a signed
certificate of the beneficiaries of such covenants, restrictions.
by-laws or limitation or their revresentat'v
(E)- If a parcel of land upon which a bed and breakfast
establishment is vronosed is subJect to restrictions, covenant,
bv-laws�or other limitations, the actions Of the Planning Department
or Planning commission, as the case may be. shall not be construed
to internret such encumbrances, The aulicant or aggrieved
Party(ies) may seek independent Judicial relief throuah declaratory
iudoment or SIilar legal means,
Any operation as a bed and breakfast establishment
which has not been approved by either the Planning Commission
through a Special Permit or by the Planning Department during plan
approval review shall be considered illegal and subject to the
provisions of this section regardless of any prior operation as a
bed and breakfast establishment."
SECTION 3. Section 25-28, Division 5, Article 1, Chapter 25 of
the Hawaii County Code is amended by adding Subsection 25-28(a)(13)
to read as follows:
-5-
"13. In RD RS RA A IA and U districts- bed and
breakfast establishment,"
SECTION 4. Section 25-73(a), Division 11, Article 1, Chapter 25
of the Hawaii County Code relative to parking requirements is
amended by adding Subsection 25-73(a)(3) to read as follows and by
renumbering Subsections (3) to (25) to Subsections (4) to (26):
Bed and breakfast stabli hm nt• one for each o
uest
bedroom, in addition to one for the dwellina uni
SECTION 5. Section 25-136, Article 6 (RM, Multiple Family
Residential Districts), Chapter 25 of the Hawaii County Code is
amended.to read as follows:
"Section 25-136. Permitted uses.
(a) The following uses shall be permitted in RM districts:
organizations.
(1) Same as the permitted uses in RS and RD districts.
(2) Boarding, rooming, or lodging houses.
(3) Clubs, lodges, social orders, and fraternal
(4) Apartments.
(5) Incidental and subordinate commercial or personal
service uses that display no signs and have no direct access from
any street frontage in apartment buildings with fifty or more rental
units.
(6)) Bed and breakfast establishment,
LZ Buildings and uses normally considered directly
accessory to the above permitted uses."
ME
c
SECTION 6. Section 25-I68, Article 10 (V, Resort -Hotel
Districts), Chapter 25 of the Hawaii County Code is amended to read
as follows:
"Section 25-168. Permitted uses.
(a) The following are permitted uses in V districts:
buildings.
(1) Hotels, resorts, resort motel, and condominium
(2) Single-family, duplex or double -family, and
multiple -family residential dwellings.
(3) Bed and breakfast establishment.
(4) Commercial uses of the following types when
subordinate to and located in a hotel or main resort building and
oriented so that access to such uses is not available directly from
any street or adjoining property: coffee shop, snack bar,
restaurant, tap room, bar, cocktail lounges, night club, magazine
and newsstands, tobacconist, camera shop and accessories, travel
service counters, florist shops, novelty shops, specialized clothing
shops, personal service uses, drug store, specialized food shop (as
opposed to the general store), and 'art in action' booths or shops
(the making, displaying and sale of objects of art, small handcraft
objects, hand weaving or spinning products, jewelry, paintings, hand
made pottery or figures, hats or other very similar products.
offices.
c
[(4)1S5) Parking lots or buildings, taxicab stations, and
[(5)]M Small boat harbors and docks.
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[(6)1(7,) Dance pavilions, open-air theaters, or theaters
for stage production or for motion pictures.
[(7)1(8) Travel agencies and tourist information centers.
[($)]121 Other uses which the director determined to be
necessary to the proper functioning of a resort area."
SECTION 7. Section 25-176, Article 11 (CO, Commercial Office
Districts), Chapter 25 of the Hawaii County Code is amended to read
as follows:
"Section 25-176. Permitted uses.
(a) The following are permitted uses in CO districts:
(1) Business, administrative, professional,
executive, financial, editorial, medical, dental, and real estate
offices, and any other similar office use which will not be
detrimental to the character of the district.
(2) Medical and dental centers, groups, or clinics
not permitting in -patients.
(3) Prescription pharmacies, banks, lending agencies,
title companies, photographer or commercial artist studios, and
modeling agencies.
(4) Public buildings for uses similar to the above.
(5) Lunch counters, coffee shops, barber shops,
beauty parlors, tobacconists, and news and magazine stands, provided
they are located within a building containing one of the uses listed
in paragraph (1), (2) or (3) of this section as a principal use.
(6) Automobile parking lots or buildings.
0
night clubs.
and dance.
(7) Drug stores, restaurants, cocktail lounges, and
(8) Business and technical schools.
(9) Schools and studios for photography, art, music,
(10) Hotels, apartment -hotels, and condominium
buildings provided that the density shall not exceed one rentable
unit for each one thousand two hundred fifty square feet of land
area within the building site and allocated for resort and accessory
uses only.
(11) Bed and breakfast establishment,
(12) Uses clearly accessory and incidental to the
above listed uses."
SECTION 8. Section 25-184, Article 12 (CN, Neighborhood
Commercial Districts), Chapter 25 of the Hawaii County Code is
amended to read as follows:
"Section 25-184. Permitted uses.
(a) The following shall be permitted uses in CN districts:
(1) All retail uses that are conducted entirely
within a building.
(2) Automobile service stations, tire changing or
pickup stations, and commercial parking lots or building.
institutions.
r
(3) Banks, lending agencies, and financial
(4) Barber and beauty shops.
(5) Launderette, cleaning and pressing service, and
pickup stations.
(6) Lunch counters, coffee shops, restaurants, bars,
and cocktail lounges provided that no live entertainment is provided
or dancing is allowed.
(7) Medical and dental centers, groups or clinics
not permitting in -patients.
(8) Museums, libraries, and community, public and
public service buildings.
(9) Offices for business, administrative,
professional, executive, financial, real estate, editorial, medical,
dental, and other similar uses.
(10) Photography or commercial art studios and
modeling agencies.
(11) Prescription pharmacies.
(12) Repair shop for personal or household items,
radio, television, and small electrical appliances.
(13) Shoe repair, clothes mending, and tailor shops.
(14) Drive-in facilities for retail sales or services.
(15) Bed and Breakfast establishment,
(16) Any uses permitted in an RM district with a
maximum density of one thousand two hundred fifty feet square feet
of land area per rentable or dwelling unit.
[(16)] 17 Buildings and uses normally considered directly
accessory to the above permitted uses."
-10-
c
SECTION 9. Section 25-192, Article 13 (CG, General Commercial
Districts), Chapter 25 of the Hawaii County Code is amended to read
as follows:
"Section 25-192. Permitted uses.
(a) The following are permitted uses in CG districts:
(1) Any use listed as a permitted use in any CO and
CN district.
(2) All retail uses that are conducted entirely
within a building.
(3) Personal service uses.
(4) Banks, lending agencies and financial
institutions.
(5) Manufacturing of non -noxious type where the only
retail sales outlet for products produced is on the premises where
produced.
(6) Art galleries.
(7) Automobile parking lots and buildings or storage
garages.
(8) Display rooms for products sold elsewhere.
(9) Caterers.
(10) Cleaning plants using only non-flammable
hydrocarbons in a sealed unit as the cleansing agent.
(11) Newspapers, publishing houses, printing shops,
cartographer, and duplicating processes such as blueprinting or
photostating.
-11-
r,
(12) Restaurants (other than 'drive-ins', bars,
cocktail lounges, and night clubs).
(13) Repair shops for personal or household items, and
'fix -it' shops.
(14) Private clubs, social orders, fraternal groups,
and other similar organizations.
(15) Tour, travel, and ticket agencies.
(16) Business, technical, or trade schools; art,
modeling, music, dancing, photographic, or other similar studios or
academies.
(17) Public service or public utility uses but
excluding any service, equipment, or storage yard or power plants
therefor.
(18) Automobile service stations or garages; excluding
body and fender works, electric tire rebuilding or battery
rebuilding and provided that all work is conducted wholly within a
completely enclosed building, car washes or laundries other than
those utilizing automatic or steam cleaning equipment.
studios.
(19) Bakeries.
(20) Radio and television broadcasting stations or
(21) Commercial amusement establishments such as
bowling alleys, skating rinks and pool halls.
(22) Drive-in uses.
(23) Equipment sales and rental yards, used car lots
and other yards where retail sales products are displayed in the
open.
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(24) Food lockers and ice storage and dispensing.
(25) Gymnasiums, physical culture studios, and
reducing salons.
(26) Hospitals of all types and sanitariums.
(27) Hotels, apartment -hotels, and condominium
buildings provided the density shall not exceed one rentable unit
for each five hundred square feet of land area within the building
site.
(28) Indoor sports arenas, auditoriums, and theaters.
(29) Electrical, plumbing, and furniture upholstering
shops provided that all materials are kept, and all activities are
conducted entirely within a building.
(30) Residential use in connection with the operation
of any permitted use.
(31) Model homes for display purposes only provided
they are not placed on permanent foundations and provisions are made
for their removal at the end of a specific period of time, not to
exceed one year.
(32) Bed and breakfast establishment.
LUJ Uses normally considered accessory, incidental
and subordinate to the above uses."
SECTION 10. Section 25-200, Article 14 (CV, Village Commercial
Districts), Chapter 25 of the Hawaii County Code is amended to read
as follows:
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"Section 25-200. Permitted uses.
(a) The following uses are permitted in a CV district:
(1) Any of the uses listed directly as permitted uses
in a CN district.
(2) Cleaning plants using only non-flammable
hydrocarbons in a sealed unit as the cleansing agent.
(3) Newspapers, job printers, blueprinters, and
similar uses which are obviously designed to primarily serve the
local area.
(4) Repair shops for household items and fix -it shops.
(5) Automobile service stations and drive-ins for
retail sales or services.
(6) Automobile service, repair, and upkeep uses.
(7) Restaurants, bars, and cocktail lounges.
(8) Manufacturing of products and distributed to
retail outlets located in the immediate community which is served by
this district as approved by the director, except for concrete or
asphalt products.
(9) Community clubs or social or fraternal orders.
(10) Rooming or boarding houses.
(11) Residential uses in connection with the operation
of any permitted uses.
(12) Bus and tour stops; ticket agencies.
(13) Commercial amusement establishments.
(14) Used car lots.
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f
(15) On a small scale any craft or shop for same; such
as, carpenter, electrician, plumber metal worker, and other similar
uses, provided there are not more than five employees.
(16) A hotel, if such use and design conform to the
character of the area and the district regulations and are approved
by the Director.
(17) Bed and breakfast establishment.
(18) Other uses similar to the permitted uses or to
any of the above listed uses.
[(18)](19) Accessory uses, normal and subordinate to the
above uses."
SECTION 11. Section 25-280, Article 26 (CDH, Downtown Hilo
Commercial District), Chapter 25 of the Hawaii County Code is
amended to read as follows:
"Section 25-280. Permitted Uses. The following uses shall
be permitted in the CDH district:
(1) All retail uses that are conducted entirely within a
building, provided that they are not detrimental to the character of
the district.
(2) Offices (business, administrative, professional,
executive, financial, editorial, medical, dental, real estate, and
any other similar office use which will not be detrimental to the
character of the district).
(3) Personal service uses, including barber shops, beauty
parlors, launderettes, cleaning, pressing service and pickup
stations, shoe repair, clothes mending, and tailor shops.
-15-
(4) Banks, lending agencies and financial institutions.
(5) Drugstores, prescription pharmacies, title companies,
photographer or commercial artist studios, modeling agencies.
(6) Manufacturing of a non -noxious type where the only
retail sales outlet for products produced is on the premises where
produced, and provided that the activities are not detrimental to
the character of the district.
(7) Museums, libraries, community, public and public
service buildings.
garages.
(8) Art galleries.
(9) Automobile parking lots and buildings or storage
(10) Display rooms for products sold elsewhere.
(11) Newspaper, publishing houses, printing shops,
cartographer and duplicating processes such as blueprinting or
photostating.
(12) Restaurants, lunch counters, coffee shops, drive-ins,
bars, cocktail lounges and night clubs.
(13) Repair shops for personal or household items, and
'fix -it' shops.
(14) Private clubs, social orders, fraternal groups and
other similar organizations for offices, meetings, and social
activities.
(15) Tour, travel and ticket agencies.
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(16) Business, technical or trade schools, art, modeling,
music, dancing, photographic or other similar studios or academies.
(17) Public service or public utility uses but excluding
any service, equipment or storage yard or power plants therefore.
(18) Automobile service stations or garages, excluding body
and fenderworks, electric tire rebuilding or battery rebuilding and
provided that all work is conducted wholly within a completely
enclosed building, car washes or laundries other than those
utilizing automatic or steam cleaning equipment; and provided that
the facilities are not detrimental to the character of the district.
,(19) Bakeries.
(20) Broadcasting stations or studios (radio and
television).
(21) Commercial amusement establishments such as bowling
alleys, skating rinks, pool halls, etc.
(22) Retail sales or services where customers are served at
a drive-in window or while they are in their car provided that they
are not detrimental to the character of the district.
salons.
(23) Gymnasiums, physical culture studios and reducing
(24) Medical and dental centers, groups or clinics.
(25) Hospitals of all types.
(26) Hotels and apartment -hotels with a maximum density of
500 square feet of land area per separate rentable unit.
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(27) Any use permitted in RM districts with a maximum
density of 1,000 square feet of land area per rentable or dwelling
unit.
(28) Residential use in connection with the operation of
any permitted use.
(29) Indoor sports arenas, auditoriums, and theaters.
(30) Bed and breakfast establishment.
LIU Uses normally considered accessory, incidental and
subordinate to the above uses."
SECTION 12.
Material to
be repealed is
bracketed. New
material
is underscored.
In printing
this ordinance,
the brackets,
bracketed
material, and underscoring need not be included.
SECTION 13. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 14. This ordinance shall take effect upon its approval.
INTRODUCED BY:
4W�►�LV , ��--�
COUfCIL MEMBER COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: September 2, 1992
Date of 1st Reading: September 2 1992
Date of 2nd Reading: September 14, 1992
Effective Date: September 28, 1992
I