Loading...
HomeMy WebLinkAbout2025-04-03 PD PowerPoint Presentation (PL-PDI-2025-000014) Planning Director Initiated RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING FACILITIES, CHURCHES, TEMPLES, SYNAGOGUES, AND COMMUNITY BUILDINGS. Amendment to Chapter 25, Article 1 , Article 2, Article 4, Article 5, and Article 7 of the Hawai i County Code 1983 (2016 Edition, as amended) Purpose of th Bill • This bill aims to correct zoning inconsistencies and ensure religious institutions receive equitable treatment under Hawaii County's Zoning Code. This ordinance consolidates religious institutions under "meeting facilities," ensuring equal treatment in zoning regulations. • The bill also consolidates the overlapping term "community buildings" into "meeting facilities" for clarity and consistency. • Additionally, it introduces the term "Event" to distinguish routine facility use from larger commercial gatherings such as weddings or concerts which may require special permits or oversight. Purpose of the Bill (cont. ) • Removes the definition of "Community Building". • Revises the definition of "Meeting Facility" to include religious institutions. • Introduces the term "Event' to distinguish commercial or large -scale gatherings from routine facility use. • Establishes standardized operating criteria for meeting facilities, including limitations on hours of operation and attendance capacity. • Requires technical review of proposed meeting facilities by applicable county and state agencies. • Amends permitted uses for meeting facilities across zoning districts. Background �r • The federal government enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) in part to protect religious organizations and individuals from discriminatory land use regulations. • In February 2024, the Chabad Jewish Center and Rabbi LeviGerlitzky filed a lawsuit against Hawaii County, claiming the zoning code discriminates against religious institutions by requiring them to obtain use permits in residential zones—while secular meeting facilities can operate by right. • The U.S. Department of Justice filed a statement in the lawsuit in March 2024, alleging that the County's code violates RLUIPA's equal terms provision by treating religious uses less favorably than comparable secular uses. • The Planning Director is proposing amendments to the Hawaii County Code to classify religious institutions as meeting facilities, aiming to eliminate zoning disparities, ensure RLUIPA compliance, and promote clear, fair land use standards. Proposed Relating to Definitions The following definition is proposed to be removed from section 25-1 -5(b): 1« Reasons for the Amendment: Removing the "Community Building" definition will simplify the zoning code by eliminating redundancy. Proposed Relating to Definitions The definition of "Meeting Facility" is proposed to be amended as follows: ""Meeting facility" [means .] means a facility or building site that is used for recreational, social, or multipurpose use, and may include a kitchen but has no transient accommodatio ns. Typical uses include private clubs, union halls, cultural, community and association centers, religious facilities such as places of worship, and student centers. This does not include schools or events" Proposed Relating to Definitions The following definition is proposed to be added to section 25-1 -5(b): ""Event" means an assembly, generally by invitation orticket purchase, that extends beyond the typical meeting facility orresidentia/use, including but not limited to commercial weddings, wedding receptions, promotional events, and concerts ." Reasons for the Amendment: Adds clarity by distinguishing routine meeting facility use from larger commercial gatherings. Ensures activities like weddings, receptions, and concerts are properly regulated and not automatically permitted as part of a meeting facility. Proposed Relating to Plan Approval To establish specific procedures for the director's review and decision-making on plan approval applications, Section 25-2-71 (c) is amended to readas follows: (c) Ran approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1 ) Meeting faciities, as permitted under Section 25-4-17 (Meeting Facilities) • (6) Events, as permitted under section 25-5-42."ve Reasons for the Amendment: This amendment cl arifies that plan approval is required before meeting facilities and events are established, ensuring proper land use oversight and compliance with zoning regulations. Proposed 7 Relating to Plan Approval Requirements for Meeting F The following section isproposed to be added to establish zoning standards for meeting facilities: "Section 25-4-17 Meeting Facilities. (a)A meeting facility can be established within a new orexisting structure, or on a building site for recreational, social, cultural, or multipurpose use. Thefacility may include a kitchen. (b)A meeting facility may be used for organizations operating on a membership basis forthe promotion of members' mutual interests or may be primarily intended for community purposes. (c) A meeting facility only applies on building sites that have gatherings more than two times per week with more than 25 attendees. Proposed 7 Relating to Plan Approval Requirements for Meeting F Section 25-4-17 Meeting Facilities (d)The hours of operation for meeting facilities shall start no earlier than 8:00 am and end no later than 9:00 pm. (e)A meeting facility can be established in a zoning district that permits such use, provided that the Director has issued plan approval. (f) A meeting facility shall be subject to technical review by the County Department of Publ is Works, County Fire Department, County Water Department and/or the State Department of Health for compl iance with current code and rule requirements." Proposed 7 Zoning Use Comparison Table by District MeetingZoning District Including Events Buildings and Synagogues AOL Allfil IF 11c, RS / RD/ RM / RCX Allowed; Permitted *Not Permitted X— Removed X— Removed as a Use Use Permit Allowed — Special Allowed — Special X— Removed as a RA / FA / A Permit/Use Permit Permit/Use Permit X— Removed Use Permit/Special Permit IA Allowed — Special Allowed — Special X— Removed X— Removed as a Permit Permit Special Permit Proposed 7 Zoning Use Comparison Table by District MeetingZoning District 11 V / CN / CG / CV / Allowed; Permitted Allowed; Permitted X— Removed X— Removed MCX / CDH Use Use Allowed; Permitted Allowed as a ML / MG Use Permitted Use in X— Removed X— Removed ML only. O Not Permitted Not Permitted X— Removed Not Permitted Planning Director's Recommendation