HomeMy WebLinkAboutBACKGROUND, RECOMMENDATION & EXHIBITBRPD[nitiatedMassageChiro.doc-9/29/2020
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CHAPTER 25 (ZONING CODE),ARTICLE 1,ARTICLE 2,
ARTICLE 4,ARTICLE 5 AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983
2016 EDITION,AS AMENDED)
RELATING TO DEFINITIONS,USE PERMIT REQUIREMENTS,PARKING
REQUIREMENTS,AND ZONING DISTRICT REGULATIONS FOR MEDICAL
CLINICS AND MASSAGE,ACUPUNCTURE, CHIROPRACTIC AND OTHER
SIMILAR HEALTH SERVICE FACILITIES.
The Planning Director is initiating an amendment to Chapter 25 (Zoning Code), Article 1,
Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as
amended), relating to definitions,use permit requirements,parking requirements, and zoning
district regulations for medical clinics and massage, acupuncture, chiropractic and other similar
health service facilities.
BACKGROUND
Currently, the Zoning Code does not make a clear distinction between various medical
services uses such as hospitals, medical clinics, and small-scale health service facilities such as
massage, chiropractic, and acupuncture facilities. The purpose of this amendment is to better
define these uses and clarify in which zoning districts these various medical service uses are
permitted by right or with a Use Permit. The amendments make the following specific changes:
Clarifies the `medical clinic' definition to state that massage, chiropractic,
acupuncture, and other similar health service facilities are not considered medical
clinics.
Removes massage facilities and chiropractic clinics from the `personal services
establishment' definition so that the definition only includes non-medical personal
services such as hair salons.
Adds parking requirements for Commercial Uses including retail and office uses
in the Single Family Residential (RS), Double-family Residential (RD) and
Multiple Family Residential (RM) zoning districts.
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Clarifies that a Use Permit is required for massage, acupuncture, chiropractic, and
other similar health service facilities in the Single Family Residential (RS),
Double Family Residential (RD), Residential and Agricultural (RA), Family
Agricultural (FA), and Agricultural (A) zoning districts.
Clarifies that a Use Permit is required for medical clinics in the Single Family
Residential (RS), Double Family Residential (RD), Multiple-Family Residential
RM), Residential and Agricultural (RA), Family Agricultural (FA), and
Agricultural (A)zoning districts.
Adds massage, acupuncture, chiropractic, and other similar health service
facilities as a permitted use by right in the Multiple-Family Residential (RM),
Residential Commercial Mixed Use(RCX), Resort-Hotel (V),Neighborhood
Commercial (CN), General Commercial (CG), Village Commercial (CV),
Industrial-Commercial (MCX), and Downtown Hilo Commercial (CDH)zoning
districts. The zoning code currently allows these uses in these zoning districts as a
personal services establishment.
Chapter 25 (Zoning) of the Hawaii County Code 1983 (2005 edition) is proposed to be
amended as attached Planning Department Exhibit 1. (Material to be deleted is bracketed and
struck through;material to be added is underscored)
PROPOSED AMENDMENTS
This bill is initiated by the Planning Director to add the following to the Zoning Code:
Relating to the definition of Medical clinic and personal services establishment.
Section 25-1-5. Defmitions
Medical clinic"means an office building or group of offices for persons engaged in the
practice of a medical or dental profession or occupation. A medical clinic does not have beds for
overnight care ofpatients but can involve the treatment of outpatients. A"medical profession or
occupation"is any activity involving the diagnosis, cure, treatment, mitigation or prevention of
disease or which affects any bodily function,but does not include chiropractic, acupuncture and
massage treatment and services, and other similar health service facilities."
Personal services establishment"means an establishment which offers specialized goods and
services purchased frequently by the consumer. Included are barbershops,beauty shops,
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garment repair, laundry cleaning,pressing, dyeing,
tailoring, shoe repair and other similar establishments."
Relating to the Applicability; Use Permit required.
Section 25-2-61.
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:
7)Hospitals, sanitariums, old age, convalescent, nursing and rest homes [anfl-ethef
in the RS, RD, RM, RCX, RA, FA, A, and V districts,provided that a minimum
building site area often thousand square feet shall be required within the RS, RD,
RM, RCX and RA districts.
9)Massage, acupuncture, chiropractic, and other similar health service facilities in
RS, RD, RA, FA, and A districts.
10) Medical clinics in RS, RD, RM, RA, FA, and A districts.
Relating to Parking
Section 25-4-51.
a) The number of parking spaces for each use shall be as follows:
4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN, CG,
CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet
of gross floor area.
Relating to the Applicability; Use Permit required.
Section 25-5-3.
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) Massage, acupuncture, chiropractic, and other similar health service facilities.
9) Medical clinics.
Relating to the Applicability; Use Permit required.
Section 25-5-22.
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:
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7) Massage, acupuncture, chiropractic, and other similar health service facilities.
8) Medical clinics.
Relating to the Permitted Uses.
Section 25-5-32.
a) The following uses shall be permitted in the RM district:
14) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Applicability; Use Permit required.
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:
7) Medical clinics.
Relating to the Permitted Uses.
Section 25-5-42.
a) The following uses shall be permitted in the RCX district:
17) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Applicability; Use Permit required.
Section 25-5-52.
d) The following uses may be permitted in the RA district,provided that either a use permit
is issued for each use if the building site is within the State land use urban district or a
special permit is issued for each use ifthe building site is within the State land use rural
district:
6) Massage,Acupuncture, Chiropractic, and other similar health service facilities.
7) Medical Clinics.
Relating to the Applicability; Use Permit required.
Section 25-5-62.
d) The following uses may be permitted in the FA district,provided that either a use permit
is issued for each use if the building site is within the State land use agricultural district
or a special permit is issued for each use if the building site is within the State land use
agricultural district:
6) Massage, acupuncture, chiropractic, and other similar health service facilities.
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7) Medical clinics.
Relating to the Applicability; Use Permit required.
Section 25-5-72.
d) The following uses may be permitted in the A district,provided that either a use permit is
issued for each use ifthe building site is outside of the State land use agricultural district
or a special permit is issued for each use ifthe building site is within the State land use
agricultural district:
6) Massage, acupuncture, chiropractic, and other similar health service facilities.
7) Medical clinics.
Relating to the Permitted Uses.
Section 25-5-92.
a)The following uses shall be permitted in the V district:
22) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Permitted Uses.
Section 25-5-102.
a) The following uses shall be permitted uses in the CN district:
22) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Permitted Uses.
Section 25-5-112.
a) The following uses shall be permitted uses in the CG district:
39) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Permitted Uses.
Section 25-5-122.
a) The following uses shall be permitted uses in the CV district:
31) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Permitted Uses.
Section 25-5-132.
a) The following uses shall be permitted uses in the MCX district:
31) Massage, acupuncture, chiropractic, and other similar health service facilities.
Relating to the Permitted Uses.
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Section 25-7-22.
a) The following uses shall be permitted uses in the CDH district:
28) Massage, acupuncture, chiropractic, and other similar health service facilities.
RECOMMENDATION
For the reasons cited above, the Planning Director recommends that the Leeward and
Windward Planning Commission send a favorable recommendation of this bill to the Hawaii
County Council for the amendment to Chapter 25 (Zoning),Article 1,Article 2,Article 4,
Article 5 and Article 7 of the Hawaii County Code 1983 (2016 edition) relating to
defmitions, use permit requirements,parking requirements, and zoning district regulations
for medical clinics and massage, acupuncture, chiropractic and other similar health service
facilities.
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COUNTY OF HAWAII STATE OF HAWAII
V,:,WS::1 ----
BILL NO.
VLkNt\1i11 90)T.)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4,
ARTICLE 5 AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), RELATING TO DEFINITIONS, USE PERMIT
REQUIREMENTS, PARKING REQUIREMENTS,AND ZONING DISTRICT
REGULATIONS FOR MEDICAL CLINICS AND MASSAGE,ACUPUNCTURE,
CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this proposed amendment is to provide further
clarification to the definition of medical clinics and personal services establishments, and
identify the zoning districts where medical clinics and massage, chiropractic, acupuncture, and
other similar health service facilities are a permitted use or require a Use Permit.
SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending the definitions of"medical
clinic" and "personal services establishment" to read as follows:
Medical clinic"means an office building or group of offices for persons
engaged in the practice of a medical or dental profession or occupation. A medical
clinic does not have beds for overnight care ofpatients but can involve the
treatment of outpatients. A "medical profession or occupation" is any activity
involving the diagnosis, cure, treatment, mitigation or prevention of disease or
which affects any bodily function, but does not include chiropractic, acupuncture
and massage treatment and services[.-], and other similar health service facilities."
Personal services establishment"means an establishment which offers
specialized goods and services purchased frequently by the consumer. Included
are barbershops, beauty shops, [massage facilities, chiropractic clinics,] garment
repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair and other similar
establishments."
SECTION 3. Chapter 25, article 2, division 6, 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:
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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:
Planning Dept.
Exhibit 1
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-ether
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 often thousand square feet shall be required within the RS, RD,
RM, RCX and RA districts.
8)Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG, CV,
MCX, ML, MG and 0 districts.
9)Massage, acupuncture, chiropractic, and other similar health service facilities in
RS, RD, RA, FA, and A districts.
10) Medical clinics in RS, RD, RM, RA, FA, and A districts.
9-)](11) 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.
4-0)](12) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA
and 0 districts.
11)](13) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and 0 districts.
12)](14) Wind energy facilities in the 0 district; provided that the property is within the
state land use agricultural district.
13)](15) 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 4. Chapter 25, article 4, division 5, section 25-4-51 of Hawai`i County Code
1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows:
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a) The number of parking spaces for each use shall be as follows:
1) Agricultural tourism: one for each three hundred square feet of gross floor area
used principally for the agricultural tourism activity, but not fewer than three
spaces, plus bus parking if buses are allowed.
2) Bed and breakfast establishments: one for each guest bedroom, in addition to one
for the dwelling unit.
3) Bowling alleys: four for each alley.
4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN, CG,
CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet
of gross floor area."
SECTION 5. 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 courses 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) Massage, acupuncture, chiropractic, and other similar health service facilities.
9) Medical clinics.
8)](10) Schools.
x-}](11) Telecommunication antennas and towers.
4-0-)](12) Yacht harbors and boating facilities."
SECTION 6. Chapter 25, article 5, division 2, section 25-5-22 of the Hawai`i CountyY
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 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 courses uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is within
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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) Massage, acupuncture, chiropractic, and other similar health service facilities.
8) Medical clinics.
74](9) Schools.
8)](10) Telecommunication antennas and towers.
91(11) Yacht harbors and boating facilities."
SECTION 7. 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 (a) to read as
follows:
a) The following uses shall be permitted in the RM district:
1) Adult day care homes.
2) Bed and breakfast establishments, as permitted under section 25-4-7.
3) Boarding facilities, rooming, or lodging houses.
4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand two
hundred square feet and a maximum of five employees.
6) Community buildings, as permitted under section 25-4-11.
7) Crop production.
8) Dwellings, double-family or duplex.
9) Dwellings, multiple-family.
10) Dwellings, single-family.
11) Family child care homes.
12) Group living facilities.
13) Home occupations, as permitted under section 25-4-13.
14) Massage, acupuncture, chiropractic, and other similar health service facilities.
14)](15) Meeting facilities.
15)](16) Model homes, as permitted under section 25-4-8.
1-6-)](17) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
17)](18) Public uses and structures, as permitted under section 25-4-11.
1-8-)](19) Short-term vacation rentals situated in any of the following:
A) General plan resort and resort node areas.
B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and governed by
chapters 514A or 514B, Hawai`i Revised Statutes.
19)](20) Temporary real estate offices, as permitted under section 25-4-8.
2O)](21) Time share units situated in any of the following:
A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
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B) Areas determined by the director to be within resort areas identified by theIgeneralplanlanduseelement, except for retreat resort areas.
C) Areas determined for such use by the council, by resolution.
21)](22) Utility substations, as permitted under section 25-4-11."
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SECTION 8. 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:
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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.
4 2) Churches, temples and synagogues.
t 3) Crematoriums, funeral homes, funeral services, and mortuaries.
4) Day care centers.
5) Golf courses and related golf courses uses, including golfdriving 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) Medical clinics.
F--)](8) Schools.
8-)](9) Telecommunication antennas and towers.
9-)](10) Yacht harbors and boating facilities."
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SECTION 9. Chapter 25, article 5, division 4, section 25-5-42 of the Hawai`i County
d Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
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I a) The following uses shall be permitted in the RCX district:
1) Adult day care homes,
2) Bed and breakfast establishments, as permitted under section 25-4-7.
3) Boarding facilities, rooming or lodging houses.
i 4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
d 5) Churches, temples and synagogues.
6) Commercial or personal service uses, on a small scale, as approved by the
director.
7) Community buildings, as permitted under section 25-4-11.
8) Convenience stores.
9) Crop production.
10) Day care centers.
11) Dwellings, double-family or duplex.
12) Dwellings, multiple-family.
13) Dwellings, single-family.
14) Family child care homes.
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15) Group living facilities.
16) Home occupations, as permitted under section 25-4-13.
17) Massage, acupuncture, chiropractic, and other similar health service facilities.
17)](18) Medical clinics.
4-83](19) Meeting facilities.
x9)](20) Model homes, as permitted under section 25-4-8.
00](21) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
21)](22) Public uses and structures, as permitted under section 25-4-11.
22)](23) Restaurants.
23)](24) Schools.
04-}](25) Short-term vacation rentals situated in the general plan resort and resort node
areas.
25)](26) Utility substations, as permitted under section 25-4-11."
SECTION 10. Chapter 25, article 5, division 5, section 25-5-52 of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (d) to read as
follows:
d) The following uses may be permitted in the RA district, provided that either a use permit
is issued for each use if the building site is within the State land use urban district or a
special permit is issued for each use if the building site is within the State land use rural
district:
1) Bed and breakfast establishments, as permitted under section 25-4-7.
2) Crematoriums, funeral homes, funeral services, and mortuaries.
3) Churches, temples and synagogues.
4) Day care centers.
5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
6) Massage, acupuncture, chiropractic, and other similar health service facilities.
7) Medical Clinics.
6)](a).Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
9) Schools.
8)](10) Yacht harbors and boating facilities."
SECTION 11. Chapter 25, article 5, division 6, section 25-5-62 of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (d) to read as
follows:
d) The following uses may be permitted in the FA district, provided that either a use permit
is issued for each use if the building site is within the State land use agricultural district
or a special permit is issued for each use ifthe building site is within the State land use
agricultural district:
1) Bed and breakfast establishments, as permitted under section 25-4-7.
2) Churches, temples and synagogues.
3) Crematoriums, funeral homes, funeral services, and mortuaries.
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4) Day care centers.i
5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
6) Massage, acupuncture, chiropractic, and other similar health service facilities.
7) Medical clinics.i
6-)](8) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
7)](9) Schools."
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SECTION 12. Chapter 25, article 5, division 7, section 25-5-72 of the Hawai`i County
I Code 1983 (2016 Edition, as amended), is amended by amending subsection (d) to read as
follows:
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d) The following uses may be permitted in the A district, provided that either a use permit is
issued for each use if the building site is outside of the State land use agricultural district
or a special permit is issued for each use if the building site is within the State land use
agricultural district:
1) Bed and breakfast establishments, as permitted under section 25-4-7.
2) Crematoriums, funeral homes, funeral services, and mortuaries.
3) Churches, temples and synagogues.
i 4) Day care centers.
5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
6) Massage, acupuncture, chiropractic, and other similar health service facilities.
7) Medical clinics.
6)](8) Major outdoor amusement and recreation facilities.
1 7)](9) Schools."
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1 SECTION 13. Chapter 25, article 5, division 9, section 25-5-92 of the Hawai`i County
1 Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
9 follows:
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a) The following uses shall be permitted in the V district:
1) Adult day care homes.I
2) Amusement and recreational facilities, indoor.
3) Art galleries, museums.
4) Automobile service stations.
5) Bars, night clubs and cabarets.
6) Bed and breakfast establishments, as permitted under section 25-4-7.
7) Business services.
8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
9) Churches, temples, and synagogues.
10) Commercial parking lots and garages.
11) Community buildings, as permitted under section 25-4-11.
12) Day care centers.
13) Dwellings, double-family or duplex.
14) Dwellings, multiple-family.
15) Dwellings, single-family.
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1 16) Family child care homes.
j 17) Financial institutions.
18) Group living facilities.
i 19) Home occupations, as permitted under section 25-4-13.
20) Hotels.
21) Lodges.
22) Massage, acupuncture, chiropractic, and other similar health service facilities.
22)](23) Medical clinics.
i 23)](24) Meeting facilities.
24)](25) Major outdoor amusement and recreation facilities.
25)](26) Model homes, as permitted under section 25-4-8.
I 2-6-)](27) Parks, playgrounds, tennis courts, swimming pools, and other similar open
i area recreational facilities.
27)](28) Personal services.
2-9](29) Photography studios.
I 2)](30) Public uses and structures, as permitted under section 25-4-11.
30 ](31) Restaurants.
31)](32) Retail establishments.
32)](33) Short-term vacation rentals.
33)](34) Telecommunication antennas, as permitted under section 25-4-12.
34)](35) Temporary real estate offices, as permitted under section 25-4-8.
35)](36) Theaters.
3e](37) Time share units.
37)](38) Utility substations, as permitted under section 25-4-11.
30](39) Visitor information centers."
1 SECTION 14. 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 read1asfollows:I
I a) The following uses shall be permitted uses in the CN district:
1) Adult day care homes. 1,
1 2) Amusement and recreation facilities, indoor.
3) Automobile service stations.
4) Bed and breakfast establishments, as permitted under section 25-4-7.
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.
6) Business services.
7) Cemeteries and mausoleums, aspermitted under chapter 6, article 1 of this Code.p
8) Churches, temples and synagogues.
9) Community buildings, as permitted under section 25-4-11.
10) Convenience stores.
11) Crematoriums, funeral homes, funeral services, and mortuaries.i
12) Crop production.
13) Day care centers.
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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.
17) Family child care homes.
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.
20) Group living facilities.
21) Home occupations, as permitted under section 25-4-13.
22) Massage, acupuncture, chiropractic, and other similar health service facilities.
22)](23) Medical clinics.
23)](24) Meeting facilities.
24}](25) Model homes, as permitted under section 25-4-8.
25)](26) Museums.
06)](27)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
27)](28) Offices.
2-8-)](29) Personal services.
093](30) Photography studios.
3-04](31) Public uses and structures, as permitted under section 25-4-11.
31)](32) Repair establishments, minor.
32)](33) Restaurants.
33)](34) Retail establishments.
3-4}](35) Schools.
35)](36) Short-term vacation rentals situated in the general plan resort and resort node
areas.
36)](37) Telecommunication antennas, as permitted under section 25-4-12.
37)](38) Theaters.
3-8)](39) Utility substations as permitted under section 25-4-11."
SECTION 15. Chapter 25, article 5, division 11, section 25-5-112 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 uses in the CG district:
1) Adult day care homes.
2) Amusement and recreation facilities, indoor.
3) Art galleries, museums.
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4) Art studios.
5) Automobile service stations.
6) Automobile sales and rentals.
7) Bars, nightclubs and cabarets.
8) Bed and breakfast establishments, as permitted under section 25-4-7.
9) 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.
10) Broadcasting stations.
11) Business services.
12) Car washing, provided that if it is mechanized, sound attenuated structures or
sound attenuated walls shall be erected and maintained on the property lines.
13) Catering establishments.
14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
15) Churches, temples and synagogues.
16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
17) Commercial parking lots and garages.
18) Community buildings, as permitted under section 25-4-11.
19) Convenience stores.
20) Crematoriums, funeral homes, funeral services, and mortuaries.
21) Crop production.
22) Day care centers.
23) Display rooms for products sold elsewhere.
24) 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.
25) 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.
26) Dwellings, single-family.
27) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
28) Family child care homes.
29) 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.
30) Financial institutions.
31) Group living facilities.
32) Home occupations, as permitted under section 25-4-13.
33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other
similar uses.
34) Hotels.
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35) Ice storage and dispensing facilities.
36) Laboratories, medical and research.
37) Laundries.
38) Light manufacturing, processing and packaging, where the only retail sales outlet
for products produced is on the premises where produced.
39) Massage, acupuncture, chiropractic, and other similar health service facilities.
3-9)](40) Medical clinics.
40)](41) Meeting facilities.
11)](42) Model homes, as permitted under section 25-4-8.
4 }](43)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
43_)](44) Offices.
44)](45) Personal services.
45-)](46) Photography studios.
46)](47) Public uses and structures, as permitted under section 25-4-11.
1 47](48) Printing shops, cartographing and duplicating processes such as blueprinting or
photostating shops.
18)](49) Repair establishments, minor.
1 493](50) Restaurants.
59)](51) Retail establishments.
51)](52) Schools.
1 52)](53) Short-term vacation rentals.
53)](54) Telecommunication antennas, as permitted under section 25-4-12.
54)](55) Theaters.
55)](56) Time share units.
06-)](57) Utility substations, as permitted under section 25-4-11.
57)](58) Veterinary establishments."
SECTION 16. Chapter 25, article 5, division 12, section 25-5-122 of the Hawai`i
CountyCode 2016 Edition, as amended),1983 e ded), is amended by amending subsection (a) to read
as follows:
a) The following uses shall be permitted uses in the CV district:
1) Adult day care homes.
2) Amusement and recreation facilities, indoor.
3) Art galleries, museums.
4) Automobile sales and rentals.
5) Automobile service stations
6) Bars. l
7) Bed and breakfast establishments, as permitted under section 25-4-7. 1
8) 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.
9) Business services.
10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
11) Churches, temples and synagogues.
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12) Commercial parking lots and garages.
i 13) Community buildings, as permitted under section 25-4-11.
14) Convenience stores.
15) Crematoriums, funeral homes, funeral services, and mortuaries.
16) Crop production.
17) Day care centers.
18) 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.
f 19) 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.
20) Dwellings, single-family.
21) Family child care homes.
22) 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 ofthe surrounding area.
23) Financial institutions.
24) Group living facilities.
25) Home occupations, as permitted under section 25-4-13.
26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
27) Hotels, when the design and use conform to the character of the area, as approved
by the director.
28) Laboratories, medical and research.
29) Lodges.
30) Manufacturing, processing and packaging light and general, except for concrete or
asphalt products, where the products are distributed to retail establishments
located in the immediate community, as approved by the director.
31) Massage, acupuncture, chiropractic, and other similar health service facilities.
31)](32) Medical clinics.
32)](33) Meeting facilities.
33)](34) Model homes, as permitted under section 25-4-8.
4)](35) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
35)](36) Offices.
6 ](37) Personal services.
37)](38) Photography studios.
39) Public uses and structures, as permitted under section 25-4-11. 1
3-9-)](40) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops,
which are designed to primarily serve the local area.
4-0}](41) Repair establishments, major, when there are not more than five employees, as
approved by the director.
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11)](42) Repair establishments, minor.
40](43) Restaurants.
43)](44) Retail establishments.
14)](45) Schools.
45-)](46) Short-term vacation rentals.
46](47) Telecommunication antennas, as permitted under section 25-4-12.
17)](48) Temporary real estate offices, as permitted under section 25-4-8.
18)](49) Theaters.
49)](50) Utility substations, as permitted under section 25-4-11."
SECTION 17 Chapter 25, article 5, division 13, section 25-5-132 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 uses in the MCX district:
1) Agricultural products processing, minor.
2) Amusement and recreation facilities, indoor.
3) Art galleries, museums.
4) Art studios.
5) Automobile sales and rentals.
6) Automobile service stations.
7) Bars, nightclubs and cabarets.
8) Broadcasting stations.
9) Business services.
10) Car washing.
11) Catering establishments.
12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
13) Churches, temples and synagogues.
14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleaning agent.
15) Commercial parking lots and garages.
16) Community buildings, as permitted under section 25-4-11.
17) Convenience stores.
18) Crematoriums, funeral homes, funeral services, and mortuaries.
19) Data processing facilities.
20) Display rooms for products sold elsewhere.
21) Equipment sales and rental yards.
22) Farmers markets.
23) Financial institutions.
24) Food manufacturing and processing.
25) Home improvement centers.
26) Ice storage and dispensing facilities.
27) Kennels in sound-attenuated buildings.
28) Laboratories, medical and research.
29) Laundries.
30) Manufacturing, processing and packaging establishments, light.
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31) Massage, acupuncture, chiropractic, and other similar health service facilities.
31)](32) Medical clinics.
32)](33) Meeting facilities.
33)](34) Model homes.
34-)](35) Motion picture and television production studios.
35)](36) Offices.
36)](37) Personal services.
37)](38) Photographic processing.
3-8-)](39) Photography studios.
3-9-)](40) Plant nurseries.
40)](41) Public uses and structures, as permitted under section 25-4-11.
11)](42) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
42}](43) Repair establishments, minor.
433](44) Restaurants.
14)](45) Retail establishments.
453](46) Sales and service of machinery used in agricultural production.
463](47) Schools, business.
473](48) Schools, photography, art, music and dance.
18)](49) Schools, vocational.
49)](50) Self-storage facilities.
50-)](51) Telecommunications antennas, as permitted under section 25-4-12.
R51)1(52) Temporary real estate offices, as permitted under section 25-4-8.
52)](53) Theaters.
53)](54) Utility substations, as permitted under section 25-4-11.
54)](55) Veterinary establishments in sound-attenuated buildings.
55)](56) Warehousing.
5-6-)](57) Wholesaling and distribution operations."
SECTION 18. Chapter 25, article 7, division 2, section 25-7-22 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 uses in the CDH district:
1) Adult day care homes.
2) Amusement and recreation facilities, indoor.
3) Art galleries.
4) Automobile service stations or garages, excluding body and fenderworks, electric
tire rebuilding or battery rebuilding and provided that all work is conducted
wholly within a completely enclosed building.
5) Bakeries.
6) Bars, cocktail lounges and nightclubs.
7) Bed and breakfast establishments, as permitted under section 25-4-7.
8) Boarding facilities, rooming, or lodging houses.
9) Broadcasting stations or studios (radio and television).
10) Business services.
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11) Car washing, provided that the facilities are not detrimental to the character of the
district.
12) Commercial parking lots and garages.
13) Community buildings, as permitted under section 25-4-11.
14) Crop production.
15) Display rooms for products sold elsewhere.
16) Dwellings, double-family or duplex, with a maximum density of five hundred
square feet of land area per rentable unit or dwelling unit.
17) Dwellings, multiple-family, with a maximum density of five hundred square feet
of land area per rentable unit or dwelling unit.
18) Dwellings, single-family.
19) Family child care homes.
20) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce, plant life, fish and local
homegrown and homemade products for more than two days a week, the director,
at the time of plan approval, shall restrict the hours ofuse, maintenance and
operations and may require improvements as determined appropriate to ensure its
compatibility with the existing character of the surrounding area.
21) Financial institutions.
22) Group living facilities.
23) Home occupations, as permitted under section 25-4-13.
24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes [and other
similar uses].
25) Hotels and apartment hotels with a maximum density of five hundred square feet
of land area per rentable unit.
26) Laundries other than those utilizing steam cleaning equipment, provided that the
facilities are not detrimental to the character of the district.
27) Manufacturing, processing and packaging, light, provided that the activities are
not detrimental to the character of the district.
28) Massage, acupuncture, chiropractic, and other similar health service facilities.
2-8}](29) Medical clinics.
2-3)](30) Meeting facilities.
38)](31) Model homes, as permitted under section 25-4-8.
31)](32) Modeling agencies.
32)](33) Museums and libraries.
33)](34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
34)](35) Offices.
35)](36) Personal services.
86)](37) Photography and artist studios. 1
37)](38) Public uses and structures, as permitted under section 25-4-11.
00](39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
0-9 ](40) Repair establishments, minor.
48}](41) Restaurants.
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1 11)](42) Retail establishments, provided that they are not detrimental to the character of
the district.
42 ](43) Schools, business.
1 434](44) Schools, photography, art, music, dance or other similar studios or academies.
44)](45) Schools, vocational.
40](46) Telecommunication antennas, as permitted under section 25-4-12.
464](47) Temporary real estate offices, as permitted under section 25-4-8.
4 }](48) Theaters, auditoriums and indoor sports arenas.
18)](49) Utility substations, as permitted under section 25-4-11."
SECTION 19. 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 20. 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
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 21. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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