HomeMy WebLinkAboutORD 2019-100 2018-2020 J�tYOFh,..
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 94
ORDINANCE NO. 19 200
AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 2 AND 5, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO GENERAL
ADMINISTRATION AND ZONING DISTRICT REGULATIONS FOR INDOOR AND
MAJOR OUTDOOR AMUSEMENT AND RECREATION FACILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 Hawai`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 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 0 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, RD, RM,] RCX, RA, A,
CN, CG, CV, MCX, ML, MG and 0 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
0 districts.
(11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and 0 districts.
(12) Wind energy facilities in the 0 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 Hawai`i 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) [Major outdoor amusement and recreation facilities.]
[f9 ] Schools.
[(-1-Q)](9) Telecommunication antennas and towers.
[(11)](10) Yacht harbors and boating facilities."
SECTION 4. Chapter 25, article 5, division 2, section 25-5-22, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (b) to read as
follows:
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"(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 recreation facilities.]
[f8-)] Schools.
[E93](8) Telecommunication antennas and towers.
[(--1-0)](9) Yacht harbors and boating facilities."
SECTION 5. Chapter 25, article 5, division 3, section 25-5-32, of the Hawai`i 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
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.
[(8)] Schools.
[(-93](8) Telecommunication antennas and towers.
[(4-0)](9) Yacht harbors and boating facilities."
SECTION 6. Chapter 25, article 5, division 10, section 25-5-102, of the Hawai`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 CN district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
[(2)](3) Automobile service stations.
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[(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.
[(6)](7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
[(7)](8) Churches, temples and synagogues.
[(8-)](9) Community buildings, as permitted under section 25-4-11.
[(9)](10) Convenience stores.
[(4-0)](11) Crematoriums, funeral homes, funeral services, and mortuaries.
[(11)](12) Crop production.
[(12)](13) Day care centers.
[(13)](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.
[( 4)](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.
[(15)](16) Dwellings, single-family.
[(4-6)](17) Family child care homes.
[(17)](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.
[(4-8-)](19) Financial institutions.
[03](20) Group living facilities.
[(2-0)](21) Home occupations, as permitted under section 25-4-13.
[(21)](22) Medical clinics.
R22)1(23) Meeting facilities.
[(23)](24) Model homes, as permitted under section 25-4-8.
[(24)](25) Museums.
[(25)](26) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
[E2-6-)](27) Offices.
[(27)](28) Personal services.
[(28)](29) Photography studios.
[(29)](30) Public uses and structures, as permitted under section 25-4-11.
[(3-0)](31) Repair establishments, minor.
[(31)](3 2) Restaurants.
[(32)](33) Retail establishments.
[(33)](34) Schools.
[(34)](35) Short-term vacation rentals situated in the general plan resort and resort node
areas.
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[(35)](36) Telecommunication antennas, as permitted under section 25-4-12.
[(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 Hawai`i 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 permitted under 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 fanners 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.
(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 permitted 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.
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(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Repair establishments, minor.
(31) Restaurants.
(32) Retail establishments.
(33) Schools.
(34) Short-term vacation rentals situated in the general plan resort and resort node areas.
(35) 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 Hawai`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)]()Aquaculture activities.
R-6)](7) Automobile and truck storage facilities.
[(7)](8) Automobile and truck sales and rentals.
[0)](9) Automobile service stations.
[(9l](10) Bakeries.
R4031(11) Bars.
R11)1(12) Broadcasting stations.
[(12)](13) Car washing.
[(13)](14) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
[(-1-4)](15) Catering establishments.
[(15)](16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
[(4-6)](17) Churches, temples and synagogues.
R17)1(18) Cleaning and dyeing plants.
[(-I-8)](19) Commercial parking lots and garages.
[( 3)](20) Community buildings, as permitted under section 25-4-11.
[(2-0)](21) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(21)](22) Crematoriums, funeral homes, funeral services, and mortuaries.
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R22)1(23) Day care centers.
[(23)](24) Financial institutions.
[(24)](25) Food manufacturing and processing facilities.
[(25)](26) Greenhouses, plant nurseries.
[(26)](27) Heavy 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.
[(2-9)](30) Laboratories, medical and research.
[(3-0)](31) Laundries.
[(31)](32) Lumberyards and building material yards, but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
[(32)](33) Manufacturing, processing and packaging establishments, light.
[(33)](34) Motion picture and television production studios.
C94)](35) Photographic processing.
[(35)](36) Plumbing, electrical, air conditioning and heating establishments.
R-3-6)](37) Public uses and structures, as permitted under section 25-4-11.
[(37)](38) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(3-8-)](39) Recycling centers, which do not involve the processing of recyclable materials.
[(3-93](40) Repair establishments, minor.
[(40)](41) Restaurants.
[(41-)](42) Self storage facilities.
[(42)](43) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
[(43)](44) Telecommunication antennas, as permitted under section 25-4-12.
[(44)](45) Temporary real estate offices, as permitted under section 25-4-8.
[(45)](46) Transportation and tour terminals.
[(40](47) Truck, freight and draying terminals.
[(47-)](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.
[(49)](50) Veterinary establishments.
[(40)](5 1) Vocational schools.
[(51)](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 Hawai`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 MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
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(3) Animal hospitals.
(4) Amusement and recreation facilities, indoor.
[(4)](5) Animal quarantine stations.
[(5)](6) Animal sales, stock, and feed yards.
[(6)](7) Aquaculture activities and facilities.
[(7)](8) Automobile and truck storage facilities.
[f8-)](9) Automobile body and fender establishments.
[(9)](10) Automobile service stations.
[(4-0)](11) Bakeries.
[(11)1(12) Bars.
[(12)](13) Breweries, distilleries, and alcohol manufacturing facilities.
[(13)](14) Broadcasting stations.
[( 4)](15) Bulk storage of flammable products and bulk storage of explosive products.
[(15)](16) Car washing.
[(4-63](17) Catering establishments.
[(17)](18) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
[(48)](19) Churches, temples and synagogues.
[(1-9)](20) Cleaning and dyeing plants.
[(2-9)](21) Commercial parking lots and garages.
[(21)](22) Community buildings, as permitted under section 25-4-11.
[(22)](23) Concrete or asphalt batching and mixing plants and yards.
[(23)](24) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
[(24)](25) Crematoriums, funeral homes, funeral services, and mortuaries.
[(25)](26) Day care centers.
[(26)](27) Dumping, disposal, incineration, or reduction of refuse or waste matter.
[(27)](28) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
[(2-8-)](29) Fabricating establishments.
[(29)](30) Fertilizer manufacturing plants.
[(3-0)](31) Financial institutions.
[(31)](32) Food manufacturing and processing facilities.
[(32)](33) Freight movers.
[(33)](34) Greenhouses, plant nurseries.
[(-3-4)](35) Heavy equipment sales, service and rental.
[(35)](36) Home improvement centers.
[(3-6)](37) Junkyards.
[(37)](38) Kennels.
[(3-8-)](39) Laboratories, medical and research.
[(-3-9)](40) Laundries.
R-40)](41) Lava rock or stone cutting or shaping facilities.
[(41-)](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.
[(44)](45) Marine railways, drydocks, and ship or boat yards.
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[(45)](46) Motion picture and television production studios.
[(463](47) Photographic processing.
[(40](48) Public dumps.
[(48)](49) Public uses and structures, as permitted under section 25-4-11.
[(493](50) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
[(69)](51) Recycling centers.
[(51)](52) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
[(52)](53) Repair establishments, major and minor.
[(53)](54) Restaurants.
[(5 )](55) Saw mills.
[(55)](56) Self storage facilities.
[(x)](57) Slaughterhouses.
[(57)](58) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
L08-)](59) Storage, curing, or tanning of raw, green, or salted hides or skins.
[093](60) Telecommunication antennas, as permitted under section 25-4-12.
[00](61) Temporary real estate offices, as permitted under section 25-4-8.
[(6-1)](62) Transportation and tour terminals.
[00](63) Truck, freight and draying terminals.
[(63-)](64) Utility facilities, public and private, including power plants, offices or yards
for equipment, material, vehicle storage, repair or maintenance.
[(-64)](65) Utility substations, as permitted under section 25-4-11.
[05-)](66) Veterinary establishments.
C063](67) Warehousing.
[(67)](68) Wholesaling and distribution, including the storage of incidental materials and
equipment.
[083](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.
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SECTION 12. This ordinance shall take effect upon its approval.
INTRODUCED BY:
X1(1(6t—
COUNCIL MEMBER, COUNTY F HAWAII
Hilo , Hawai`i
Date of Introduction: October 2, 2019
Date of l st Reading: October 2, 2019
Date of 2nd Reading: October 16, 2019
Effective Date: October 30, 2019
450
REFERENCE Comm.
10
OFFICE OF THE COUNTY CLERK S Y
County of Hawai`i
`` `
Hilo, Hawai`i CT
Introduced By: Ashley L. Kiekierwicz (B/R) ROLL CALL VOTE
Date Introduced: October 2 , 2019 AYES NOES ABS EX
First Reading: October 2, 2019 Chung X
Published: October 12 , 2019 David X
Eoff X
REMARKS. Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
Second Reading: October 16, 2019 8 0 1 0
To Mayor: October 24, 2019
Returned: October 30, 2019 ROLL CALL VOTE
Effective: October 30, 2019 AYES NOES ABS EX
Published: November 9, 2019
Chung X
REMARKS: David X
Eoff X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
6 0 3 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
10(Al- \
COUNCIL CHAIRPERSON
M
jeDisapprovedthis b day
of CC,tOOeir , 20 lq . COUNTY CLERK
94
�.._.. Bill No..
MAYOR, OUNTY HAWAII C-450/PC-30
Reference:
Ord No.: 19 100