HomeMy WebLinkAboutZoning Code_Ordinance Draft_March 2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
Planning Department
AN ORDINANCE AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO THE DOWNTOWN HILO COMMERCIAL
DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Purpose. Envision Downtown Hilo 2025: A Community -Based Vision and
Living Action Plan (EDH 2025), was adopted by Resolution 192 -05, Draft 2, on November 22,
2005. The Overarching Vision contained with EDH 2025 articulates the community's desire to
pursue sound planning practices and policies that preserve and protect Downtown Hilo's unique
character and ambience as a small, plantation -style town. The proposed amendments strike the
necessary balance that will assist and guide landowners and developers as they work on new
construction that will create the physical form for enhancing the character of Downtown Hilo.
Achieving this balance will aid Downtown Hilo in its function as an economic engine and help
protect the health and safety of its residents and visitors.
SECTION 2. Chapter 25, article 1, section 25- 1 -5(b) of the Hawaii County Code 1983
(2005 Edition, as amended) is amended by adding the following definitions, to be appropriately
designated and to read as follows:
" "Canopy" means a permanent roofed structure attached to and supported
by a building or "Free Standing" and projecting over public property_
"Character" means a set of qualities that make a place, such as a town,
distinctive, unique and rich. It is what leads people to a place or what bonds they
have with a place. Character can be defined through architecture, natural setting,
geography, physical landscape, people and their culture, etc.
"Community Garden" means a planned green space within a
neighborhood- privately- or publicly owned lot, where the land is managed and
maintained by active participation from the surrounding community, wherein
production is diversified, including ornamental plants, fruits, vegetables, herbs
and other edible produce.
"Design Pattern" means a physical feature or element when defined and
repeated form a design model for developing a vibrant and safe community,
"Downtown Hilo Commercial Core" means within the area bound by Hilo
Bav_ Wailuku River_ the eastern boundary of Kino`ole Street. and Ponahawai
Street.
"Garden" means a planned reg en space, usually outdoors, set aside for
display, cultivation, or personal enjoyment of vegetation and other natural
features.
"Hostel" means a budget- oriented social accommodation where guests can
rent a bed, sometimes a bunk bed, in a dormitory and share a bathroom, lounge
and sometimes a kitchen.
"Pocket Park" means a small public space area that includes rg een space
that is often maintained by the community.
"Public Space" means an area or place that is open and accessible to all
citizens, including publically owned lands such as parks, squares, and sidewalks.
"Sense of Place" means anchored by features and characteristics of a place
and carried as an imprint or memory by those familiar with the particular place.
"Zero Front Yard Development" means a development setback
requirement where restriction requires that a building abut a front lot line. Overall
unit -lot densities are therefore increased. As related to CDH, zero lot line would
apply to those yards that front a roadway"
SECTION 3. Chapter 25, article 2, division 7 of the Hawaii County Code 1983 (2005
Edition, as amended) is amended by adding the following section, to be appropriately designated
and to read as follows:
"Section 25 -2- Plan approval application requirements for CDH
District.
In addition to the application requirements for plan approval contained in
section 25 -2 -72, an application for plan approval in the CDH district shall ensure
the following provisions are met:
(1) Incorporate required design patterns for the Downtown Hilo
Commercial Core and other requirements stated in this section for the
CDH district on the original site and landscaping plan.
(2) Should guidelines for community design patterns be adopted for
Downtown Hilo, the application for plan approval shall incorporate and
reference any design patterns that will enhance the character of the CDH
district.
(3) Minimize the number of ingress - egress to a development, when
possible, by creating shared driveways with adjacent development.
(4) Open parking lots and structures in Downtown Hilo shall be
screened by a hedge or other form of landscaping strip, along the property
line, to soften the visual impact of the parking area from the street. Other
design methods may be approved by the Planning Director.
(5) Parking lots and structures which are to be used at night shall
provide proper lighting for the security of its users.
(6) To provide shade in open parking lots and minimize visibility of
paved surfaces, parking lots with more than twelve parking stalls shall
comply with section 25 -4 -59.3 (a).
(7) The applicant shall comply with section 25 -4 -55 (a) to ensure that
pedestrians and persons with disabilities have a delineated clear path of
travel from a sidewalk to an accessible building entrance."
SECTION 4. Chapter 25, article 7, division 2, section 25 -7 -20 of the Hawaii County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25 -7 -20. Purpose and applicability.
The [GD14 (,a,,.t,,,t,,.t,,, Hile eemmer-eial) distr- et is established to r-eiafer-e-e
and pr-emete downtown Hile's role as a eempaet high dens4y area fer- retail
The zoning of this distr-iet are applieable to all building sites, e�Eeep
development area lifnits of Kapielafli Str-eetXaitilani Street, the Wailtiled River-,
Hile Bay and Penahawai ] purpose of the CDH (Downtown Hilo
Commercial) district is to guide cohesive development that will enhance
Downtown Hilo's foundation as a vibrant and safe community and ate herin
place where people can live, work, and play. The CDH district shall provide
adequate controls to direct land use, incorporate physical design, and promote a
sense of place, enhance education, culture and the arts, promote health and safety,
and manage rg owth.
The CDH district forms a distinctive locale within the greater Hilo area. The
requirements of the CDH district, therefore, further serve to protect Downtown
Hilo's character, promote its function as an economic engine, and protect the
health and safety of its residents and visitors. The characteristics of Downtown
Hilo are derived from its known status as a small, plantation -style town, its
beautiful physical landscape extending from mountain to sea, and a long range
community vision to sustain Downtown Hilo. Downtown Hilo is compact with
an abundance of small to medium privately -owned businesses that contribute to
form its unique character. Covering an area of approximately 124 acres, the CDH
district is anchored by short blocks that are conducive for a walkable pedestrian -
friendly community,"
SECTION 5. Chapter 25, article 7, division 2, section 25 -7 -21 of the Hawaii County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25 -7 -21. Designation of CDH district.
The CDH ([dewatewa] Downtown Hilo [eammer-eial] Commercial)
district shall be designated by the symbol "CDH." The zoning requirements of
this district are applicable to all building sites, except those designated as "O"
(open) districts, within the area bounded by the western development area limits
of Kapi`olani Street/Ka`iulani Street, the Wailuku River, Hilo Bay and Ponahawai
gtrPPt "
SECTION 6. Chapter 25, article 7, division 2, section 25 -7 -22 of the Hawaii County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25 -7 -22. Permitted uses.
(a) Mixed use development provides the foundation for vibrant walkable
communities by enabling individuals to live conveniently near employment, retail
stores, offices, personal services, public space areas, and cultural activities. This
close proximity of a wide spectrum of uses supports diversity, fosters economic
development, and encourages alternative modes of transportation. More
importantly, mixed use areas naturally emerge as cohesive neighborhoods, where
a sense of place and enhanced security prevail. For these reasons, [fie] the
following uses shall be permitted in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries.
[(4) AtAemebile sei=viee stations or- gar-ages, e�Eeltidiag body and fender-wer4sT
,.dueled wholly within ., eempleteiy enelesed building.]
"]f4jBakeries.
([6]5) Bars, cocktail lounges and night clubs.
([ -7]6) Bed and breakfast establishments, as permitted under section 25 -4 -7.
([8.]7) Boarding facilities, rooming, or lodging houses.
([3]8) Broadcasting stations or studios (radio and television).
([4-012) Business services.
I" Car- washing, pr-e-,,4ded that the f4eilities are net detr-imental te the
e •1e- of the d st- •1.]
10 Churches, temples, and synagogues.
([4-2] 11) Commercial parking lots and garages.
([4-3]12) Community buildings, as permitted under section 25 -4 -11.
["] 13 Display rooms for products sold elsewhere.
([4-6]14) Dwellings, double - family or duplex, with a maximum density of
[ene tt,atisan ] seven hundred fifty square feet of land area per rentable unit or
dwelling unit.
([4-7] 15) Dwellings, multiple - family, with a maximum density of [ene
thatisand] seven hundred fifty square feet of land area per rentable unit or
dwelling unit.
([4-9] 16) Dwellings, single - family.
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([43] 17) Family child care homes.
([28] 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.
([24] 19) Financial institutions.
(20) Gardens, for display, cultivation or personal enjoyment, including
communily gardens.
([22]21) Group living facilities.
([24]22) Home occupations, as permitted under section 25 -4 -13.
[(-24) 14espitals, aid age, eewtaleseent, -fflif-sing and- rest.
hemes and other- similar- uses.]
[(2-5)] 23 Hotels [], apartment hotels, and hostels with a maximum
density of five hundred square feet of land area per rentable unit.
([26]24) Laundries other than those utilizing steam cleaning equipment,
provided that the facilities are not detrimental to the character of the district.
([2]25) Manufacturing, processing and packaging, light, provided that the
activities are not detrimental to the character of the district.
([2]26) Medical clinics.
([2 -3]27) Meeting facilities.
([3 -0]28) Model homes, as permitted under section 25 -4 -8.
([34]29) Modeling agencies.
([3 -2]30) Museums and libraries.
([34]31) Neighborhood parks, playgrounds, pocket parks, tennis courts,
swimming pools, and similar neighborhood recreational areas and uses.
([3 -4]32) Offices.
([3]33) Personal services.
([3 6]34) Photography and artist studios.
([3 -7]35) Public uses and structures, as permitted under section 25 -4 -11.
([3]36) Publishing plants for newspapers, books and magazines, printing
shops, cartographing and duplicating processes such as blueprinting or
photostating.
([3 -3]37) Repair establishments, minor[ -], except automobile repair, auto
painting, and motorized bicycle repair.
([48]38) Restaurants.
([44-]39) Retail establishments, provided that they are not detrimental to the
character of the district.
([42]40) Schools, business.
([4]41) Schools, photography, art, music, dance or other similar studios or
academies.
([44]42) Schools, vocational.
([4]43) Telecommunication antennas, as permitted under section 25 -4 -12.
([46]44) Temporary real estate offices, as permitted under section 25 -4 -8.
([4]45) Theaters, auditoriums and indoor sports arenas.
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([49]46) Utility substations, as permitted under section 25 -4 -11.
(b) Residential use in connection with the operation of any permitted use shall
be permitted in the CDH district.
(c) Buildings and uses normally considered accessory to the above uses shall
also be permitted in the CDH district."
SECTION 7. Chapter 25, article 7, division 2, section 25 -7 -23 of the Hawaii County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25 -7 -23. Height limit.
LalThe height limit in the [GD14 d str-ie ] Downtown Hilo Commercial Core
DHCC shall be [^ e h,,n -e t ea*y] six feet.
(b) The height limit for the remaining areas in the CDH District shall be eighty
feet."
SECTION 8. Chapter 25, article 7, division 2 of the Hawaii County Code 1983 (2005
Edition, as amended) is amended by adding the following section, to be appropriately designated
and to read as follows:
"Section 25 -7 -_. Designation of Downtown Hilo Commercial Core.
Within the CDH district, there shall be a Downtown Hilo Commercial
Core (DHCC), where an existing unique and compact historic fabric forms its
physical landscape. This core is identified by all land parcels abutting and within
the development area limits of Hilo Bay, Wailuku River, the eastern boundary of
Kino`ole Street, and Ponahawai Street."
SECTION 9. Chapter 25, article 7, division 2 of the Hawaii County Code 1983 (2005
Edition, as amended) is amended by adding the following section, to be appropriately designated
and to read as follows:
"Section 25 -7- Required Design Patterns for the Downtown Hilo
Commercial Core (DHCC).
The required design patterns reinforce the character and identity of Downtown
Hilo. The following features, which enhance the pedestrian experience, are
common and form a theme that is prevalent among existing buildings in
Downtown Hilo (see Figure 1).
(a)All lots within the DHCC shall incorporate the following design patterns:
(1) Canopies. All plans for new construction shall incorporate a canopy
to provide coverage for rain and sun protection.
(A) The canopy shall extend the full width and length of the
building frontage facing the sidewalk. The canopy shall project
from the distance of the property line, over the sidewalk, to no
more than twelve inches from the face of the curb to the sidewalk.
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(B) There shall be a minimum of eight feet clear vertical distance
from the lowest point of the canopy to the top of the sidewalk
surface.
(C) Where there is vehicle access, the vertical distance shall not be
less than fourteen feet clear vertical distance from the lowest point
of the canopy to the roadway pavement surface.
(D) The canopy shall be constructed entirely of noncombustible
materials.
(E) Variations to the required canopy projection over the sidewalk
may be considered during plan approval for locations where an
existing utility pole, traffic signal, sign, or similar object would
prohibit construction, or a condition that makes construction
infeasible.
(F) New construction along Kamehameha Avenue, between
Waianuenue Avenue and Mamo Street, shall incorporate canopies
that project from the lot line to the face of the curb of the sidewalk
to provide full coverage along Kamehameha Avenue. During plan
approval, exceptions shall be considered for corner lots.
(2) Lighting.
All plans for new construction shall incorporate indirect lighting
along the entire building frontage or under canopies in accordance
with applicable County Code regulations.
(3) Zero Front Yard Development.
(A) A zero front yard shall be required of all new construction
within the DHCC.
(B) For commercial structures, buildings shall be built to the lot
line when the property is adjacent to a street for physical
continuity, store frontage, and pedestrian amenity. During plan
approval, exceptions shall be provided when a lot abuts two
parallel streets. In this instance, the zero front yard requirement
applies only to the dominant roadway that the building front is
oriented. This accommodates parking in the rear of the structure,
when needed.
es that abut a street corner shall follow this standard
along each of the two street frontages that form the corner.
(D) The zero front yard shall, at a minimum, apply to the first two
floors above the ground level.
(E) During plan approval, exceptions shall be considered for
features that enhance the pedestrian experience, including entry
ways, landscaping, public spaces, outdoor seating.
(b) All design patterns shall be constructed in accordance with the Hawaii
Countv Code reauirements (building_ electrical_ fire. etc.) and enforced by
applicable County Departments."
"Section 25 -7- . Required Design Patterns for the Downtown Hilo
Commercial Core (DHCC).
Figure 1:"
HEIGHT SHALL NOT BE LESS THAN THE
FOLLOWING;
1. 9W NCHES FROM FINISH GRADE
OR SIDEWALK SURFACE, OR;
2. 9W NCHES WHERE ACCESSIBLE
VAN MAY PARK OR PASS UNDER
THE CANOPY.
S. 1 WNCHES WHERE PASSENGER
LOADING VAN MAY PARK OR PASS
UNDER THE CANOPY.
4. 1WNCHES WHERE LOADING
VEHICLE MAY PARK OR PASS
UNDER THE CANOPY.
= LIGHTING [E%AMPLES OF
/ ` POSSIBLE LOCATIONS FOR
LIGHTING)
SECTION 10. 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 11. Material to be repealed is bracketed and stricken. New material is underscored.
In printing this ordinance, the brackets, bracketed material, and underscoring need not be
included.
SECTION 12. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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