HomeMy WebLinkAboutBIL 122 Draft 01 2022-2024 COUNTY OF HAWAI`I i•' �-'=.P.' 4.• STATE OF HAWAI`I
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BILL NO. 122
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 AND CHAPTER 14, ARTICLE 4,
SECTION 14-20, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE REPEAL OF BED AND BREAKFAST AS A
PERMITTED USE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of"Bed and breakfast
establishment":
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SECTION 2. 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:
"(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)](1) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM,
RCX, RA, FA, A and V districts.
[(3)1(2) 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)13) 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)]L 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)]�5,) 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)](6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes 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)](7) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG, CV,
MCX, ML, MG and 0 districts.
[(9)](8) Medical clinics in RS, RD, RM, RA, FA, and A districts.
[(4-0)](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.
[(11)](10) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA
and 0 districts.
[(12)](11) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and 0 districts.
[(13)](12) Wind energy facilities in the 0 district; provided that the property is within the
state land use agricultural district.
[(4-4)](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 4, division 1, section 25-4-7, of the Hawai`i County Code
1983 (2016 Edition, as amended), is repealed.
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(a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, V, CN, CG, CV
and CDH districts. A bed and breakfast establishment may be permitted in the RS districts
and RA, FA, A districts, within the State land use urban district, provided that a use permit
breakfast establishment located in either the State land use rural or agricultural districts.
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detrimental to the character of the surrounding area.
(2) The operator of the bed and breakfast establishment shall reside on the same building
site as that being used for the bed and br akfast establishment.
(3) The bed and breakfast establishment may be located on a building site, within any
single family dwellings, and/or guest houses (pursuant to section 25 1 9).
(1) The bed and breakfast establishment shall contain no more than five guest bedrooms
for rent to guests.
(5) The maximum number of guests permitted within a bed and breakfast establishment at
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(6) Only breakf st.v als ,Y • be oz ered to-gucsts.The seryi g ofbrea f + 1 +L
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bed and breakfast establishment shall not operate as a food service establishment (i.e. a
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required permits have been acquired.
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(c) Any bed and break£--- ------------------ ��------ha.. ----------._-- _.__ __n».._»r_......., ....».. .,_
considered illegal under this chapter, unless otherwise noted herein.
conforming to the standards contained in section 25 4 7(b) which has not received the
permits required under section 25 4 7(a)-naa- eent-inue-sueli-use-fer-twelve-rnenths
following the effective date of this section. After this date, continued use without having
submitted the necessary permit applications shall be considered illegal under this chapter.
(e) The conditions contained in any use permit issued for a bed and breakfast establishment
prior to the adoption of this section shall continue to apply to the bed and breakfast
establishment, notwithstanding provisions to the contrary contained in this section.]"
SECTION 4. Chapter 25, article 4, division 5, section 25-4-51, of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(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)](3) 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.
[(5)](4) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
[(6)](5) Dwellings, multiple-family: one and one quarter for each unit. In the CDH district,
one for each unit on a property maintaining a unit density higher than one thousand
square feet of land area per rentable unit or dwelling unit.
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[(7)](6) Dwellings, single-family and double-family or duplex: two for each dwelling unit.
In the CDH district, one for each unit on a property maintaining a unit density higher
than one thousand square feet of land area per rentable unit or dwelling unit.
[(8)](7) Dwellings, single-family and double-family or duplex that are occupied for any
period of less than one hundred eighty days: one space for each rented bedroom in
addition to one space for the dwelling unit if rooms in the dwelling unit are rented
individually, or two spaces if the dwelling unit is rented as a whole.
[(9)](8) Funeral homes, funeral services, mortuaries, and crematoriums: one for each
seventy-five square feet of gross floor area.
[(4-0}](9) Golf courses: four for every hole.
[(11)](10) Hospitals: one for each bed.
[(12)](11) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units;
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
[(13)](12) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
[(44-)](13) Laundromats, cleaners (coin operated): one for every four machines.
[(15)](14) Major outdoor amusement and recreation facilities: one for each two hundred
square feet of gross floor area within enclosed buildings, plus one for every three
persons that the outdoor facilities are designed to accommodate when used to the
maximum capacity.
[(4-6)](15) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
[(17)](16) Nursing homes, convalescent homes, rest homes and homes for the elderly: one
for every two beds.
[(4-8-}](17) Parks: as determined by the director.
[(-l9)](18) Recreation facilities, outdoor or indoor, other than herein specified: one for each
two hundred square feet of gross floor area, plus three per court (racquetball, tennis or
similar activities).
[{ O ](19) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
[(21)](20) Schools (elementary and intermediate): one for each twenty students of design
capacity, plus one for each four hundred square feet of office floor space.
[(22)](21) Schools (high, language, vocational, business, technical and trade, college): one
for each ten students of design capacity, plus one for each four hundred square feet of
office floor space.
[(23)](22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
[{24)](23) Swimming pools (community): one for each forty square feet of pool area.
[(25)](24) Warehouse and bulk storage establishments where there is no trade or retail
traffic: one for each one thousand square feet of gross floor area."
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SECTION 5. The following provisions of the Hawai`i County Code 1983 (2016 Edition,
as amended):
Chapter 25, article 5, division 1, section 25-5-3, subsection (b), (relating to RS, single-
family residential districts);
Chapter 25, article 5, division 2, section 25-5-22, subsection (a), (relating to RD, double-
family residential districts);
Chapter 25, article 5, division 3, section 25-5-32, subsection (a), (relating to RM, multiple-
family residential districts);
Chapter 25, article 5, division 4, section 25-5-42, subsection (a), (relating to RCX,
residential-commercial mixed use districts);
Chapter 25, article 5, division 5, section 25-5-52, subsection (c) and subsection(d),
(relating to RA, residential and agricultural districts);
Chapter 25, article 5, division 6, section 25-5-62, subsection (c) and subsection (d),
(relating to FA, family agricultural districts);
Chapter 25, article 5, division 7, section 25-5-72, subsection (c) and subsection (d),
(relating to A, agricultural districts);
Chapter 25, article 5, division 9, section 25-5-92 subsection (a), (relating to V, resort-hotel
districts);
Chapter 25, article 5, division 10, section 25-5-102, subsection (a), (relating to CN,
neighborhood commercial districts);
Chapter 25, article 5, division 11, section 25-5-112, subsection(a), (relating to CG, general
commercial districts);
Chapter 25, article 5, division 12, section 25-5-122, subsection (a), (relating to CV, village
commercial districts); and
Chapter 25, article 7, division 2, section 25-7-22, subsection (a), (relating to CDH,
downtown Hilo commercial district),
are amended by repealing the paragraphs containing the use "Bed and breakfast establishments
as permitted under section 25-4-7" or"Bed and breakfast establishments, as permitted under
section 25-4-7."
SECTION 6. In printing this ordinance, the list of permitted uses contained in subsections
25-5-3(b), 25-5-22(a), 25-5-32(a), 25-5-42(a), 25-5-52(c) and (d), 25-5-62(c) and (d), 25-5-72(c)
and (d), 25-5-92(a), 25-5-102(a), 25-5-112(a), 25-5-122(a), 25-5-162(a), and 25-7-22(a) may be
reordered and renumbered as appropriate.
SECTION 7. Chapter 14, article 4, section 14-20, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending the definition of"Hotel"to read as follows:
subsection (a) to read as follows:
'Hotel"means a transient [vacation] accommodation rental[, other than a bed and
breakfast home containing lodging or dwelling units]."
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SECTION 8. 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 9. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 10. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CIL MEMB R, COUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 676
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