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Managing Director
Harry Kim +' :•
Mayor Barbara J.Kossow
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25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
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August 22, 2019
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Aaron S. Y. Chung, Council Chair
and Members of the County Council X
County of Hawaii a --
25 Aupuni Street
Hilo, HI 96720
Dear Council Chair Chung and Members:
SUBJECT: Planning Director Initiated
Amendment to Chapter 25, (Zoning Code), Articles 2 and 5 of Hawaii
County Code 1983 (2016 Edition, as Amended), Relating to Amusement and
Recreation Facility
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Windward and Leeward Planning
Commissions' letters and enclosures regarding the above-referenced request.
Since ,
r,�,Vvv
HARRY KIM
Mayor
M TranSCOUnc i IP D Initiatedanmsement&recreationfac i t ity
Enclosures
cc: Planning Department
Comm. No.
4�o
County of Hawaii is an Equal Opportunity Provider and Employer. Ref. To:
Vc—
Ref. pate AUG 2 8 2019
MtV OF H1
Harry Kim ooh• ,f '�, Joseph Clarkson,Chair
Mayor Thomas Raffipiy,Vice Chair
•c :• Gilbert Aguinaldo
Wil Okabe Dean Au
Managing Director
•f':��M: Donn Dela Cruz
7T f OF•N►•'7�
John Replogle
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
AUG - 8 2019
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBEJCT: Planning Director Initiated
Amendment to Chapter 25, (Zoning Code), Articles 2 and 5 of the Hawaii
County Code 1983 (2016 Edition, as amended), Relating to Amusement and
Recreation Facility
The Windward Planning Commission, at its duly held public hearing on August 1, 2019, considered
the above-referenced request initiated by the Planning Director for an amendment to Chapter 25 (Zoning
Code), Article 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to
amusement and recreation facility, indoor within the Neighborhood Commercial(CN), Limited Industrial
(ML) and General Industrial (MG)zoning districts and relating to major outdoor amusement and recreation
facilities in the Single-Family Residential (RS), Double-Family Residential (RD), Multiple-Family
Residential (RM)and Neighborhood Commercial (CN) zoning districts.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation and a draft transcript of the hearing for your information to
be provided under separate cover.
Sincerely,
Joseph B. B.Clarkso9nedbyJoseph
Clarkson 11:5Date124110'00'8
11:51:24-10'00'
Joseph Clarkson, Chairman
Windward Planning Commission
Lpdin itiatedamusement&recreationfacil itywpc
Enclosures
www.hiplanningdept.com Hativai'i County is an Equal Opportunity Provider and Employer planningLa hawaiicount-y got
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 2
cc: Planning Department—Kona
Harry Kim u°' '�. Keith F.Unger, Chair
Mayor
Nancy Carr Smith,Vice Chair
Scott Church
Wil Okabe Perry Kealoha
Managing Director q,,* 'Nei+ Michael Vitousek
Faith"Faye"Yates
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center o l01 Pauahi Street,Suite 3 . Hilo,Hawaii 96720
Phone(808)961-8288 + Fax(808)961-8742
AUG 2 1 2019
Aaron S.Y. Chung, Coul Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBEdCT: Planning Director Initiated
Amendment to Chapter 25, (Zoning Code), Articles 2 and 5 of the Hawaii
County Code 1983 (2016 Edition, as amended), Relating to Amusement and
Recreation Facility
The Leeward Planning Commission, at its duly held public hearing on August 15,2019, considered
the above-referenced request initiated by the Planning Director for an amendment to Chapter 25 (Zoning
Code), Article 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to
amusement and recreation facility, indoor within the Neighborhood Commercial (CN), Limited Industrial
(ML)and General Industrial (MG) zoning districts and relating to major outdoor amusement and recreation
facilities in the Single-Family Residential (RS), Double-Family Residential (RD), Multiple-Family
Residential (RM) and Neighborhood Commercial (CN) zoning districts.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation and a draft transcript of the hearing for your information to
be provided under separate cover.
Sincerely,
Keith
F. Digitally signed by Keith
t F.Unger
Unger Date.2019.08.21
18:38:39-10'00'
Keith F. Unger, Chairman
Leeward Planning Commission
Lpdinitiatedamusement&recieationYacilitylpc
Enclosures
Hawai`i County is an Equal Opportunity Provider and Employer
�
�
/1uronS.Y. Chung, Council Chair
and Members ofthe County Council
County ofDuwui^i �
�
Page '
cc Planning Ucoudmcu|—Konu
BRPDInitiated-Indoorl0utdoorAmusement.jwd 06-10-19
COUNTY OF HA AFI PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLES 2 AND 5
RELATING TO USE PERMITS AND ZONING DISTRICT REGULATIONS FOR
AMUSEMENT AND RECREATION FACILITY, INDOOR AND MAJOR
OUTDOOR
The Planning Director has initiated the following amendments to Chapter 25 (Zoning
Code), Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended),
relating to amusement and recreation facility, indoor within the Neighborhood
Commercial (CN), Limited Industrial (ML) and General Industrial (MG) zoning districts
and relating to major outdoor amusement and recreation facilities in the Single-Family
Residential (RS), Double-Family Residential (RD), Multiple-Family Residential (RM)
and Neighborhood Commercial (CN) zoning districts.
PLANNING DIRECTOR'S INITIATED AMENDMENTS
There are two types of amusement and recreational facilities listed within the Zoning
Code, which include the following:
Amusement and recreational facility, major outdoor. "Amusement and
recreational facility, major outdoor"is defined in the Zoning Code as "a
pernarent facility providing outdoor amusement and entertainment, including
theme and other types of amusement parks, stadiums, skateboard parks, go-cart
and automobile race tracks, miniature golf and drive-in theaters."
Major outdoor amusement recreational facilities are currently permitted in the RS, RD,
RM, RCX, CN, CG, CV, MCX, ML, MG and O zoning districts with the approval of a
Use Permit. Additionally, major outdoor amusement recreational facilities can be
permitted in the RA, FA, A and IA zoning districts with either a Use Pen-nit or a Special
Permit. The only zoning district that allows a major outdoor amusement and recreation
facility as a permitted use is the Resort-Hotel (V) zoning district,
Amusement and recreation facility, indoor. "Amusement and recreation
facility, indoor" is defined in the Zoning Codes as "an establishment providing
indoor amusement or recreation. Typical uses include: martial arts studios; billiard and
pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks;
health and fitness establishments; indoor tennis, handball and racquetball courts;
auditoriums; theaters; and indoor archery and shooting ranges."
Indoor amusement and recreational facilities are a cuirently permitted use in the V, CG,
CV, MCX and CDH zoning districts. They can also be allowed with a Special Pen-nit
within the RA, FA, A and IA zoning districts.
-1-
The Planning Director is initiating the following three (3) amendments to the Zoning
Code relating to amusement and recreational facilities, indoor and major outdoor.
1. Remove the option for a obtaining a Use Permit for major outdoor amusement
and recreational facilities in the Single-Family Residential (RS), Double-Family
Residential (RD) and Multiple-Family Residential (RM) zoning districts.
2. House cleaning amendment to add the requirement of a Use Permit for major
outdoor amusement and recreational facilities in the Neighborhood Commercial
(CN) zoning district to be consistent with Use Permit section in the Zoning Code.
3. Add amusement and recreational facility indoor as a permitted use in the
Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial
(MG) zoning districts.
PROPOSED AMENDMENTS
The proposed amendments to the Zoning Code discussed above would require the
following changes to the Zoning Code:
(Amendments shown in part for the sale of brevity. Please refer to Planning
Department Exhibit 2 for the draft bill for an Ordinance and amendments shown in full
context):
Amendment No. 1: Relating to Division 6 - Use Permits
Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be pennitted within designated County zoning districts
only if a use permit is obtained for the use from the commission:
(8) Major outdoor amusement and recreation facilities in ]RCX, RA,
A, CN, CG, CV, MCX, ML, MG and O districts
Purpose of Amendment: This proposed amendment will remove the option for allowing
major outdoor amusement and recreational facilities in the RS, RD and RM zoning
districts with the approval of a Use Permit.
Reasons for Amendment: From the time that the Zoning Code was amended in
December of 1996 until the present day, it does not appear that there has been an
approval of a Use Pen-nit to allow any major outdoor amusement and recreational
facilities within the RS, RD or RM zoning districts. Upon further review of these options
within the Zoning Code, the Planning Director is recommending that these options be
removed as they are not compatible in the residential zoning districts. Additionally, the
Planning Director feels that there are other more compatible zoning districts that would
continue to allow a major outdoor amusement and recreational facility with a Use Permit,
including RCX, CN, CG, CV, MCX, ML, MG and O.
-2-
Amendment No. 1 (Cont.): Relating to Division 1-RS, Single-Family Residential
Districts
Section 25-5-3. Permitted Uses
(b) In addition to those uses permitted under subsection(a) above, the following uses may be
permitted in the RS district,provided that a use permit is issued for each use:
[(8) amuseffient and recreation faei4ities.
([9]5) Schools.
([10]9) Telecommunication antennas and towers.
([44]10 Yacht harbors and boating facilities.
Purpose of Amendment: This amendment is to remove the option for allowing major
outdoor amusement and recreational facilities in the RS zoning district with the approval
of a Use Permit. (Reasons are discussed above)
Amendment No. 1 (Cont.): Relating to Division 2-RD, Double-Family Residential
Districts
Section 25-5-22:
(b) In addition to those uses permitted under subsection(a) above,the following uses may be
pernutted in the RD district, provided that a use permit is issued for each use:
[`T-JMTCJo outdoor amusement and-ieer ^+, ., f ei1,+,r,S
([8]D7 Schools. J
Telecommunication antennas and towers.
([4-9]9}Yacht harbors and boating facilities.
Purpose of Amendment: This amendment is to remove the option for allowing major
outdoor amusement and recreational facilities in the RD zoning district with the approval
of a Use Pen-nit. (Reasons are discussed above)
Amendment No. 1 (Cont.): Relating to Division 3-RM, Multiple-Family Residential
Districts
Section 25-5-32:
(b) In addition to those uses permitted under subsection(a) above, the following uses may be
permitted in the RM district, provided that a use permit is issued for each use:
ries^ "eriucror�ra-clrc�
([9]I Schools.
([-9]8) Telecommunication antennas and towers.
([ 9]q) Yacht harbors and boating facilities.
-3-
Purpose of Amendment: This amendment is to remove the option for allowing major
outdoor amusement and recreational facilities in the RM zoning district with the approval
of a Use Permit. (Reasons are discussed above)
Amendment No. 2: Relating to Division 10—CN,Neighborhood Commercial Districts
Section 25-5-102. Permitted uses.
N In addition to those uses permitted under subsection (a) above, the following use
may be pennitted in the CN district provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
([b]c). Buildings and uses nonnally considered directly accessory to the uses pennitted
in this section shall also be pennitted in the CN district.
Purpose and Reason for Amendment: This is mainly a house cleaning measure as this
use is already listed within the Use Pen-nit Section of the Zoning Code, but not in the CN
zoning district section.
Amendment No. 3: Relating to Division 10—CN, Neighborhood Commercial Districts
Section 25-5-102. Permitted uses.
(a) The following uses shall be pennitted in the CN district
(1) Adult day care homes.
(2) Amusement and recreation facility, indoor.
([2]3) Automobile service stations.
([3]4) Bed and breakfast establishments, as pennitted under section 25-4-7.
Purpose of Amendment: This amendment to the section of the Zoning Code identifying
uses allowed within the CN zoning district will include "amusement and recreation
facility, indoor" as pennitted use. (Reasons are discussed below)
Amendment No. 3 (Cont.): Relating to Division 14—ML, Limited Industrial Districts
Section 25-5-142. Permitted uses.
(a) The following uses shall be perinitted in the ML district:
(1) Agricultural products processing,minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facility, indoor.
([3]4) Animal hospitals.
([4]5) Animal quarantine stations
Purpose of Amendment: This amendment to the section of the Zoning Code identifying
uses allowed within the ML zoning district will include "amusement and recreation
facility, indoor" as a pennitted use. (Reasons are discussed below)
Amendment No. 3 (Cont.): Relating to Division 15—MG, General Industrial Districts
Section 25-5-152. Permitted uses.
-4-
(b) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facility, indoor.
([3]4) Animal hospitals.
([4]5) Animal quarantine stations
Purpose of Amendment: This amendment to the section of the Zoning Code identifying
uses allowed within the MG zoning district will include "amusement and recreation
facility,indoor" as a permitted use. (Reasons are discussed below)
Reasons for Amendments: Currently, major outdoor amusement and recreation
facilities, such as race tracks or drive-in theaters, can currently be considered for a Use
Permit within the CN, ML and MG zoning districts, yet indoor amusement and recreation
facilities, which would have smaller apparent impacts given the use's location within a
building, are prohibited in these same zoning districts. The proposed amendments would
simply allow these uses in these additional districts that are considered appropriate in the
other pennitted corm-nercial and industrial zoning districts.
The primary reason for this proposed amendment is to allow indoor amusement and
recreational facilities in the remaining commercial and industrial zones where they are
not currently permitted. These include the Neighborhood Com nercial (CN), Limited
Industrial (ML) and General Industrial (MG) zoning districts. In the last 10+ years, the
Planning Department has seen an increase of requests for health and wellness facilities,
such as CrossFit, weight training gyms, and cardio gyms, as well as martial arts studios in
commercial and industrial zoning districts. The Planning Director is proposing to expand
the options for indoor amusement and recreational facilities by increasing the number of
zoning districts in which they can be permitted. With the limited number of zoning
districts currently available for these types of facilities, they have started operating in
residential and/or agricultural areas where they are not pennitted.
RECOMMENDATION
The Planning Director recommends that the Leeward and Windward Planning
Commissions send-.a favorable recommendation to the Hawaii County Council
regarding this bill relating to amusement and recreation facility, indoor and major
outdoor.
5
JN4V OF kldy
COUNTY OF HAWAII STATE OF HAWAII
7Tg'QF•H p�
ILL NO.
(PLA?vJ/L)/A)G SETT
ORDINANCE N
AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 2 AND 5, OF THE IIAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO GENERAL
ADMINISTRATION AND ZONING DISTRICT REGULATIONS FOR INDOOR AND
MAJOR OUTDOOR AMUSEMENT AND RECREATION FACILITIES.
E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI:
SECTION 1. Purpose. The purpose of this ordinance is to remove the option of a Use
Permit for "Major outdoor amusement and recreation facilities" in the Single-Family Residential
(RS), Double-Family Residential (RD) and Multiple-Family Residential (RM) zoning districts
and to provide opportunities to allow an"amusement and recreation facility, indoor"within the
Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial (MG) zoning
districts.
SECTION 2. Chapter 25, article 2, section 25-2-61, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The following uses shall be pennitted within designated County zoning districts only if a
use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided that the
property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM,
RCX, RA, FA, A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A
districts; provided that a minimum building site area of ten thousand square feet is
required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS, RD,
RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A,
V, CG, CV, and O districts, provided that the property is within the state land use
urban or rural district. Golf courses and golf driving ranges shall not be permitted
within the state land use agricultural district unless approved by the County before
July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b), paragraph (b)
of the definition of"group living facility" in the RS, RD, RM, RCX;RA, FA, A,
CN, CG, CV, and V districts.
(7) Hospitals, sanitariums,, old age, convalescent, nursing and rest homes, and other
similar uses devoted to the care or treatment of the aged, the sick, or the infirm in
the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS, RD,
RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in [RS, "�] RCX, RA, A,
CN, CG, CV, MCX, ML, MG and O districts.
(9) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts, provided that
a minimum building site area of ten thousand square feet shall be required within
the RS, RD, RM, and RA districts.
(10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and
O districts.
(11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and O districts.
(12) Wind energy facilities in the O district;provided that the property is within the state
land use agricultural district.
(13) Other unusual and `reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the council
by resolution."
SECTION 3. Chapter 25, article 5, division 1, section 25-5-3, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above,the following uses may be
permitted in the RS district, provided that a use permit is issued for each use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is within the
state land use urban or rural district. Golf courses and golf driving ranges shall not be
permitted within the state land use agricultural district unless approved by the County
before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) [Majof outdoor amusement and recreation fae,.1;+,,_,
[{9}] Schools.
[(14J)](9) Telecommunication antennas and towers.
["](10) Yacht harbors and boating facilities."
SECTION 4. Chapter 25, article 5, division 2, section 25-5-22, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection(b) to read as
follows:
2
i3
"(b) In addition to those uses permitted under subsection(a) above, the following uses may be
permitted in the RD district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is within the
state land use urban or rural district. Golf courses and golf driving ranges shall not be
permitted within the state land use agricultural district unless approved by the County
before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) [Major outdoor amusement and Feereation facilities.]
[(g)] Schools.
[(9)](8�Telecommunication antennas and towers.
[(4-0)]n Yacht harbors and boating facilities."
SECTION 5. Chapter 25, article 5, division 3, section 25-5-32, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (b) to read as
follows:
"(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the RM district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses,provided that the property is within the
state land use urban or rural district. Golf courses and golf driving ranges shall not be
pennitted within the state land use agricultural district unless approved by the County
before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) [Major outdoor amusement and tion ra„-m�]
L1�LVR 1GLL 111 11 Vis.
[(8)] Schools.
[(9)](8)Telecommunication antennas and towers.
[(4-()](9) Yacht harbors and boating facilities."
SECTION 6. Chapter 25, article 5, division 10, section 25-5-102, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be pennitted in the CN district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
[(2)](3)Automobile service stations.
3
[(3)](4) Bed and breakfast establishments, as permitted under section 25-4-7.
[(4)](5) Boarding facilities, rooming, or lodging houses,provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
[{5}](6) Business services.
[(d}](D Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
[(7)](�) Churches, temples and synagogues.
[(8)](9) Community buildings, as permitted under section 25-4-11.
[(9)] 10 Convenience stores.
[(1-0)] 11 Crematoriums, funeral homes, funeral services, and mortuaries.
["](12) Crop production.
["][U3Day care centers.
["](14) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
["] 15 Dwellings, multiple-family,provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
["] 16 Dwellings, single-family.
[0-(-] 17 Family child care homes.
[(1-7)](18) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use, maintenance
and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
["](19)Financial institutions.
[(4-9)] 20 Group living facilities.
[{2-0}] 21Home occupations as permitted under section 25-4-13.
[(2 -)] 2222Medical clinics.
[(222)] 2233)Meeting facilities.
[F24-}] 24 Model homes, as permitted under section 25-4-8.
[{24)] 25 Museums.
[(2-_'�)] 26 Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[(2-6)] 27 Offices.
Personal services.
[(2-8)] 29 Photography studios.
[(29)] 30 Public uses and structures, as permitted under section 25-4-11.
[(3-0)](3 1Repair establishments, minor.
["](32) Restaurants.
[(3-2}] 33 Retail establishments.
["](34) Schools.
[(14)] 35 Short-term vacation rentals situated in the general plan resort and resort node
areas.
[(3-5}](36) Telecommunication antennas, as permitted under section 25-4-12.
4
[(3-6)] 37 Theaters.
[(37)] 38 Utility substations as permitted under section 25-4-11."
SECTION 7. Chapter 25, article 5, division 10, section 25-5-102, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended to read as follows:
"Section 25-5-102. Permitted uses.
(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(2) Automobile service stations.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(5) Business services.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(7) Churches, temples and synagogues.
(8) Community buildings, as permittedunder section 25-4-11.
(9) Convenience stores.
(10) Crematoriums, funeral homes, funeral services, and mortuaries.
(11) Crop production.
(12) Day care centers.
(13) Dwellings, double-family or duplex,provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(14) Dwellings, multiple-family, provided that the maximum density shall be one thousand
two hundred fifty square feet of land area per rentable unit or dwelling unit.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Farmers markets. When the vending activity in a farmers market involves more than
just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and
homemade products for more than two days a week, the director, at the time of plan
approval, shall restrict the hours of use, maintenance and operations and may require
improvements as detennined appropriate to ensure its compatibility with the existing
character of the surrounding area.
(18) Financial institutions.
(19) Group living facilities.
(20) Home occupations, as permitted under section 25-4-13.
(21) Medical clinics.
(22) Meeting facilities.
(23) Model homes, as pennitted under section 25-4-8.
(24) Museums.
(25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(26) Offices.
(27) Personal services.
(28) Photography studios.
5
(29) Public uses and structures, as permitted tinder section 25-4-11.
(30) Repair establishments, minor.
(31) Restaurants.
(3 2) Retail establishments.
(33) Schools.
(34) Short-term vacation rentals situated in the general plan resort and resort node areas.
(33 5) Telecommunication antennas, as permitted under section 25-4-12.
(36) Theaters.
(37) Utility substations as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above the following uses may be
permitted in the CN district provided that a use permit is issued for each use:
(1) Major outdoor amusement and recreation facilities.
[(b)](c)Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the CN District."
SECTION 8. Chapter 25, article 5, division 14, section 25-5-142, of the Idawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities indoor.
[(3)](4)Animal hospitals.
[(4)](5)Animal quarantine stations.
[(5)](6) Aquaculture activities.
[(6)](7)Automobile and truck storage facilities.
[(-7)](8) Automobile and truck sales and rentals.
[(8)](9)Automobile service stations.
[(9)] 10 Bakeries
[(4-0)] 11 Bars.
[(44)] 12 Broadcasting stations.
[(4-2)] 13 Car washing.
["](14) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
[(4-4)] 15 Catering establishments.
["](16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
[(1-6)] 17 Churches, temples and synagogues.
[(4-7)] 18 Cleaning and dyeing plants.
["](19) Commercial parking lots and garages.
["](20) Community buildings, as permitted under section 25-4-11
[(20)] 21 Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(244] 22 Crematoriums, funeral homes, funeral services, and mortuaries.
[(2,L)](23) Day care centers.
6
[{ 3}] 24 Financial institutions,
[(24)] 25 Food manufacturing and processing facilities.
[(25)] 26 Greenhouses, plant nurseries.
[{ }] 27Heavy equipment sales, service and rental.
[(27)] 28 Home improvement centers.
[(2-8)](29) Junkyards, provided that the building site is not less than one acre in area.
[(-9)] 30 Laboratories, medical and research.
[(3-0)](3 1Laundries.
[(34)] 32 Lumberyards and building material yards,but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
[(3-2)] 33 Manufacturing, processing and packaging establishments, light.
[(3-3)] 34 Motion picture and television production studios.
[(34)] 35 Photographic processing.
[(35)](36 Plumbing, electrical, air conditioning and heating establishments.
[(16)] 37 Public uses and structures, as permitted under section 25-4-11.
[(3-)] 38 Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(3,S)](39) Recycling centers, which do not involve the processing of recyclable materials.
[(3-9)](40) Repair establisluments, minor.
[(40)](41) Restaurants.
[(444] 42 Self storage facilities.
[(42)] 43 Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
["](44) Telecommunication antennas, as pennitted under section 25-4-12.
[(44)] 45 Temporary real estate offices, as pennitted under section 25-4-8.
[(45)](4 Transportation and tour tenninals.
[(46)] 47Trlck, freight and draying terminals.
[(4-7)](48) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
[(4-8)] 49 Utility substations, as permitted under section 25-4-11.
[("](50) Veterinary establishments.
[(58)] 51 Vocational schools.
[(541 ] 52 Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
[(52)] 53 Wholesaling and distribution, including the storage of incidental materials and
equipment, except for highly flammable or explosive products."
SECTION 9. Chapter 25, article 5, division 15, section 25-5-152, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be pennitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
7
(4) Amusement and recreation facilities, indoor.
[(4)](5) Animal quarantine stations.
[(5)](6) Animal sales, stock, and feed yards.
[(6)](D Aquaculture activities and facilities.
[(-7)](8) Automobile and truck storage facilities.
[(8)]n Automobile body and fender establishments.
["](10)Automobile service stations.
[(1-0)] 11 Bakeries.
[(M](12) Bars.
[(12)] 13 Breweries, distilleries, and alcohol manufacturing facilities.
[(4-3)] 14 Broadcasting stations.
[(44}] 1S Bulk storage of flammable products and bulk storage of explosive products.
["](16) Car washing.
["](17) Catering establishments.
1 Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
[{-}-g}] 19 Churches, temples and synagogues.
["](20) Cleaning and dyeing plants.
[{22-9}] 21 Commercial parking lots and garages.
["](22) Community buildings, as permitted under section 25-4-11.
["] 23 Concrete or asphalt batching and mixing plants and yards.
[(23-}] 24 Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(-?--�](25) Crematoriums, funeral homes, funeral services, and mortuaries.
[(2--'�)] 26 Day care centers.
["](27) Dumping, disposal, incineration, or reduction of refuse or waste matter.
[(2-7}](28) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
[(2-8)] 29 Fabricating establishments.
[(2#)] 30 Fertilizer manufacturing plants.
[(A] 31 Financial institutions.
[(34)] 32 Food manufacturing and processing facilities.
[(-322)]Q3 Freight movers.
["](34Greenhouses, plant nurseries.
[(M)] 35 Heavy equipment sales, service and rental.
[(3-5)] 36 Home improvement centers.
[(30]f!7Junkyards.
[(3-7)]Q8j fennels.
[(3-8)](39) Laboratories, medical and research.
["](40) Laundries.
[(49)] 41 Lava rock or stone cutting or shaping facilities.
[(44}] 42 Lumberyards and building material yards.
[(42}] 43 Machine, welding, sheet metal, and metal plating and treating establishments.
[(43)] 44 Manufacturing, processing and packaging establishments, light and general.
[(444] 45 Marine railways, drydocks, and ship or boat yards.
["]�Motion picture and television production studios.
8
[(44)] 4477)Photographic processing.
[{47}](48Public dumps.
[(48)](49) Public uses and structures, as permitted under section 25-4-11.
[(49)] 50Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(58)] 51 Recycling centers.
[(54)](52) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
[(52)] 53 Repair establishments, major and minor.
[(z3)](54) Restaurants.
[(54)]C55Saw mills.
[(5-5)](56) Self storage facilities.
[(50] 57 Slaughterhouses.
[(57)] 58 Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(5-8)](59) Storage, curing, or tanning of raw, green, or salted hides or skins.
[(59)](60) Telecommunication antennas, as permitted under section 25-4-12.
[(69)] 61 Temporary real estate offices, as pennitted under section 25-4-8.
["](62)Transportation and tour tenninals.
[(62)] Truck freight and draying terminals.
[(6 )](64)Utility facilities, public and private, including power plants, offices or yards
for equipment, material,vehicle storage, repair or maintenance.
[{"] 65Utility substations, as permitted under section 25-4-11.
[(6-5)](66) Veterinary establishments.
[(6b)](67�Warehousing.
[("](68) Wholesaling and distribution, including the storage of incidental materials and
equipment.
[(6-8)] 69 Yacht harbors and boating facilities."
SECTION 10. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 11. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
application of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 12. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
9
Hawaii
Date of Introduction:
Date of I"Reading:
Date of 2nd Reading:
Effective Date:
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