HomeMy WebLinkAboutPD BACKGROUND REPORT (REZ 16-000208/PL-PDI-2022-000003)) WshiroRepealREZ.cm06.14.22
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
PLANNING DIRECTOR INITIATED
ROBERT S.AND CAROL OSHIRO
REPEAL CHANGE OF ZONE ORDINANCE NO. 17 7 (REZ 16-000208)
The Planning Director has initiated the repeal of Change of Zone Ordinance No. 17 7 and
amendment to Section 25-8-33 (City of Hilo Zone Map), Chapter 25, Article 8, of the Hawaii
County Code 1983 (2016 edition, as amended), by reverting the current zoning of the subject
property from Neighborhood Commercial-10,000 square feet(CN-10)to its original Single-
Family Residential-10,000 square feet(RS-10) zoning district for approximately one (1) acre of
land. The subject parcel is located on the east(makai) side of Kilauea Avenue, approximately
180 feet north of its intersection with East Kahaopea Street, Waiakea Homestead Houselots,
Waiakea, South Hilo, Hawaii TMK: 2-2-040:004.
PLANNING DIRECTOR'S REQUEST
1. Request: The Planning Director is initiating a request to repeal Ordinance No. 17 7 in
response to a written request, dated December 29, 2021, submitted by the property
owners Robert S. and Carol Oshiro (Planning Department Exhibit 1-Landowner's
Request). The repeal would revert the zoning of approximately one (1) acre of land to its
original RS-10 zoning designation from the current CN-10 zoning designation.
According to the Zoning Code, the RS (Single-Family Residential) district provides for
lower or low and medium density residential use, for urban and suburban family life. It
applies to areas having facilities, and to carry out the above stated purpose. Requirements
for establishing a land use in both districts, including list of the variety of permitted uses,
are shown in Section 25-5-1 to 8 (RS District) and Section 25-5-100 to 108 (CN District)
of the Zoning Code. (Planning Department Exhibit 2 —Zoning Code Requirements
for RS District and Planning Department Exhibit 3- Zoning Code Requirements for
CN District).
2. Reason for Request: The applicants originally changed the parcel zoning to develop a
restaurant business thereon. However, according to a written request by the applicants,
due to the recent Covid-19 pandemic, many of the businesses and people who have been
supporting the applicants in pursuing their restaurant business are no longer in business
or have lost their jobs. Further, it has been approximately five (5)years since the
applicants started this project, and due to their age and the recent pandemic, they can no
longer pursue the restaurant development. Therefore, they are requesting that Change of
Zone Ordinance No. 17 7 be repealed, and the zoning district reverted to its original
Single-Family Residential (RS-10).
3. Landowners: Robert S. and Carol Oshiro.
STATE AND COUNTY PLANS
4. State Land Use District: Urban.
5. General Plan LUPAG Map Designation: Medium Density Urban.
6. County Zoning: Neighborhood Commercial— 10,000 square feet(CN-10).
7. Special Management Area: The subject parcel is over two (2) miles from the nearest
shoreline and is not situated within the Special Management Area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
8. Subject Property: The subject one (1) acre parcel is rectangular in shape and was
developed with four (4) single-family dwellings. According to the applicants, the oldest
dwelling that was built in 1944 has been demolished due to dilapidation. As for the three
remaining dwellings that were built between 1989 and 1991,they will retain their single-
family residential dwelling status. The dwellings are currently being occupied by the
applicants and other family members. The applicants consolidated their 38,550 square
foot lot with a remnant of abandoned railroad right-of-way in 2014 (CON-14-000275)to
bring the lot size up to one (1) acre. A Use Permit No. 133 was approved on March 9,
1995, to allow the establishment of an adult day care facility within one (1) of the
existing single-family dwellings. However, that facility is no longer in operation and the
applicants request to revoke the Use Permit was approved on October 6, 2016.
9. Surrounding Land Uses/Zoning: The properties adjacent to the south and east of the
subject property are zoned Neighborhood Commercial (CN-10) and consist of a parking
lot to the south, and the Puainako Town Center consisting of retail shops, grocery stores,
and restaurants, to the east. Parcels adjacent to the north and across Kilauea Avenue to
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the west are zoned Single-Family Residential (RS-10) and primarily consist of single-
family residential uses.
10. Flood Zone: Zone "X", an area of minimal flood hazard.
11. Flora/Fauna Resources: The property has been developed for residential uses since
1944. Thus, no floral or faunal surveys have been prepared for the property. Due to the
property's proximity to urban areas and its development and use as a home site for the
past 78 years, it is not likely to have endangered floral or faunal species.
12. Archaeological/Cultural/Historical Resources: No archaeological inventory survey
was prepared as the property has been developed for residential use with a dwelling since
1944. According to the applicants, no valued cultural or historical resources exist on the
site and no traditional and customary native Hawaiian rights are exercised on the site. In a
letter dated July 18, 2016, the DLNR State Historic Preservation Division determined that
the proposed rezone, demolition of a dwelling, and construction of a restaurant would
have no effect to historic properties due to previous grading/grubbing on the parcel.
13. Public Access: There is no designated public access to the mountain or shoreline
through the property.
14. Traffic: The subject property is fronted by Kilauea Avenue, which consists of two travel
lanes and a center turn lane. The existing traffic volume is high due to the proximity of
major shopping areas that include the Puainako Town Center, KTA Shopping Center, and
the Prince Kuhio Plaza. Anticipated traffic to and from the subject property would be
consistent with that of the residential uses on the property.
UTILITIES AND SERVICES
15. Access: Access to the property is from Kilauea Avenue, a County-owned and maintained
roadway with a pavement width of approximately 35 feet within an existing 60-foot-wide
right-of-way with three lanes, with the middle lane as a dedicated left/right turning lane.
The City of Hilo Zone Map and the General Plan Facilities Map reflect that Kilauea
Avenue is planned to be widened to an 80-foot-wide right-of-way.
16. Water: In a letter dated July 22, 2016, from the Department of Water Supply (DWS),
the subject property is currently being served by two (2) 5/8-inch meters that is limited to
an average daily usage of 400 gallons per meter. The existing system consists of a 10-
-3-
inch waterline within Kilauea Avenue fronting the project site is adequate to provide the
property with the average daily usage of 400 gallons per meter. However, in the event of
a proposed single-family dwelling or similar improvements to the subject property, the
Department of Water Supply will determine the appropriate service lateral and meter size
required once the applicant provides estimated maximum daily water usage calculations.
17. Wastewater: There is no County sewer system servicing this area. The existing
dwellings are served by DOH-approved cesspools. For any new dwellings or similar
improvements, the applicant will need to install an individual wastewater system that
meets the approval of the Department of Health (DOH) in conjunction with the issuance
of a building permit.
18. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the subject property will require private disposal at the Hilo landfill.
19. Utilities and Services: Electric, cable, and telephone services are available to the
property. Police, fire, and medical services are available nearby in Hilo.
AGENCY COMMENTS
20. None were solicited or received.
PUBLIC COMMENTS
21. The Department has not received any written comments or objections from the general
public or adjacent landowners.
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Revocation of Change of Zone Ordinance No. 17 7
Zendo Kern
Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
December 22, 2021
Dear Director Kern:
Change of Zone Ordinance Ni 17 7 (REZ 16-000208)
Applicants: Robert S. and Carol Oshiro
Request: Revocation of Ordinance to revert zoning from CN-10 to RS-10
Tax Map Key: 2-2-040-004
Since the Covid-19 pandemic, many of the businesses and people helping
us with this project closed down and people lost their jobs.
It has been five (5) years since we started this project and at our age we
we will not be able to continue. We are requesting that Change of zone
Ordinance No 17 7 be revoked and the zoning be reverted back to RS-10
We are attaching a copy of the Change of Zone Ordinance No. 17 7
Sincerely,
obert S. Oshiro
Caryl Oshiro
f{'
Planning Depi.
Exhibit
Ha Kim zr or
tTY . Michael Yee
Mayor Director
Daryn Arai
;rr Depury Director
West Hawaii Office East Hawai'i Office
74-5044 Ane Keahokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawa1 1 Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-9288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
January 24, 2017
Mr. Brian Nishimura, Planning Consultant
101 Aupuni Street, Suite 217
Hilo, HI 96720
Dear Mr. Nishimura:
SUBJECT: Change of Zone Application (REZ 16-000208)
Applicant: Robert S. and Carol Oshiro
Request: RS-10 to CN-10
Tax May Key: 2-2-040:004
For your information,we are attaching Ordinance No. 17 7, effective January 20, 2017,
amending the County Zoning Code,changing the district classification from Single Family
Residential 10,000 square feet (RS-10)to Neighborhood Commercial— 10,000 square feet
(CN-10)} at Waiakea, South Hilo, Hawaii.
Sincerely,
M CHAEL YEE
Planning Director
Wshiroordrnad
Atts.
cc/att: Robert S. and Carol Oshiro
Windward Planning Commission
DLNR— HPD
Real Property Tax.Office
Department of Public Works
Department of Water Supply
tAN2
www-cohplanningdeot.eam Hawaii County is an Equal 6ppartunity Providerand Employer ylaonineWhawaiica eav
COUNTY OF HAWAI`I STATE OF HAWAZ`I
I�•.A w ,
BILL NO. 258
ORDINANCE NO. 11.7 7
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8,CHAPTER 25 (ZONING CODE)OF THE HAWAI'i COUNTY CODE 1983
(2005 EDITION);BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL-- 10,000 SQUARE FEET(RS-10)TO NEIGHBORHOOD
COMMERCIAL— 10,000 SQUARE FEET(CN=10)AT WAIAKEA,SOUTH HILO, HAWAI`I,
COVERED BY TAX MAP KEY. 2-2-040:004.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'I:
SECTION 1_ Section 25-8-33,Article 8, Chapter 25 (Zoning Code)of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Neighborhood Commercial— 10,000 square feet(CN-10):
Beginning at the northwest comer of this parcel of land and on the east side of
Kilauea Avenue,the coordinates of said point of beginning referred to Government
Survey Triangulation Station"HALNI"being 9,367.25 feet South and 9,845.83 feet East
and running by azimuths measured clockwise from True South:
I. 265' 40' 2.42.00 feet along Lots A and B, being a
portion of Grant 10442 to Antoni F.
Martin;
2. 355° 40' 180.00 feet along Lot A-1,being a portion of
Grant 10551 to Edward Kazuo
Fujimoto;
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3. 85' 40' 242.00 feet along Lot.A-1,being a portion of
Grant 10551 to Edward Kazuo
Fujimoto;
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4. 175' 40' 180.00 feet along the east side of Kilauea
Avenue to the point of beginning and
containing an area of 1.000 acre.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition),the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health,safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
j (B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Construction of the proposed development, as substantially represented by the
applicant,or as permitted by the zoning district classification, shall be completed
within five(5)years from the effective date of this ordinance. Prior to
constriction,the applicant,successors or assigns shall secure Final Plan Approval
for the proposed development from the Planning Director in accordance with
Section 25-2-70,Chapter 25 (Zoning Code),Hawaii County Code. Plans shall
identify all proposed structure(s),paved driveway access and parking stalls
associated with the proposed development,with,the appropriate yard setbacks
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taken from road widening;as specified in Condition G. Landscaping shall be
indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning
Department's Rule No. 17(Landscaping Requirements) standards for CN zones
adjoining an RS zone.
C. Prior to the issuance of a water commitment by the Department of Water Supply
(DWS), the applicant shall submit the anticipated maximum daily water usage
calculations for all water uses on the property as prepared by a professional
engineer licensed in the State of Hawaii to the DWS. A water commitment
deposit shall be paid to the DWS within 180 days from the effective date of this
ordinance in accordance with Rule 5 of the Department of Water Supply's Rules
and Regulations. The applicant is responsible for maintaining valid water
commitments to support the proposed use until such time that required water
facilities charges are paid in full.
D. Based on the water usage calculations, the applicant shall install all improvements
deemed necessary by the Department of Water Supply.
E. The applicant shall install a reduced pressure type backflow prevention assembly
within five(5) feet of the existing water meter and any additional water meters on
private property, which must be inspected and approved by the Department of
Water Supply. Installation of the backflow prevention assembly and relocation
and adjustment of the Department of Water Supply's water system facilities,
should they be necessary, shall take into consideration the future road widening
strip along Kilauea Avenue.
F. Should the applicant, successors or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines
will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR)
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shall be submitted for review and approval by the Department of Public Works
prior to Final Plan Approval. The applicant shall implement,when required by
the Department of Public Works,at no cost to the County, any transportation
j system improvements to Kilauea Avenue that may be deemed necessary by the
Department of Public Works.
G. A ten(10) foot wide future road widening strip along the property's Kilauea
Avenue frontage shall be subdivided and dedicated, at no cost to the County,
when required by the Department of Public Works. The applicant shall provide
their pro-rata share for the construction of full improvements to the entire property
frontage along Kilauea Avenue consisting of,but not limited to, pavement
widening with concrete curb,gutter and sidewalk, drainage improvements and any
required utility relocation,meeting the approval of the Department of Public
Works(DPW).This pro-rats share for roadway improvements specified in this
condition shall be determined by the DPW and shall become due and payable to
the County of Hawaii within six(6)months from the date that formal notice is
served upon the applicant, its successors or assigns by the DPW regarding a
program for the installation of curb, gutter and sidewalk improvements along the
frontage of Kilauea Avenue in proximity to the subject property.
H. Driveway connections) to the Kilauea Avenue shall conform to Chapter 22,
County Streets,of the Hawaii County Code.
I. The applicant shall be responsible for the design,purchase,and installation of
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works.
J. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Planning Department prior to Final
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Plan Approval. Any recommended drainage improvements,if required, shall be
constructed meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy.
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K. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
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L. Should any remains of historic sites, such as rock walls,terraces,platforms,
marine shell concentrations or human burials be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division(DLNR-SHPD)shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it hinds that sufficient mitigation measures have been
taken.
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M. If the applicant, successors, or assigns develop residential units on the subject
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property,the applicant, successors or assigns shall make its fair share contribution
to mitigate the potential regional impacts of the development with respect to parks
and recreation, fire,police, solid waste disposal facilities and roads. The fair
share contribution shall become due and payable prior to receipt of Final Plan
Approval. The fair share contribution for each unit shall be based on the actual
number of residential units developed. The fair share contribution in a form of
cash, land,facilities or any combination thereof shall be determined by the County
Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of this ordinance,based on the percentage change in
the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of$8,754S8 per multiple family residential unit
($13,672.20 per single family residential unit). The total amount shall be
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determined by the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit(single family residential units)shall be allocated
as follows:
• $4,318.39 per multiple family residential unit(S6,608.08 per single family
residential unit)to the County to support park and recreational
improvements and facilities;
« $136.48 per multiple family residential unit($317.37 per single family
residential.unit) to the County to support police facilities;
$419.84 per multiple family residential unit($626.84 per single family
residential unit)to the County to support fire facilities;
$187.12 per multiple family residential unit($274.44 per single family
residential unit) to the County to support solid waste facilities; and
• $3,692.75 per multiple family residential unit($5,845.47 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicants, successors or assigns
may contribute land and/or construct improvements/facilities related to parks and
recreation,fire,police,solid waste disposal facilities and roads within the region
impacted by the proposed development, subject to the review and
recommendation of the Planning Director,upon consultation with the appropriate
agencies and approval of the County Council.
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s
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N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
0. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,the applicant shall comply with the requirements of Chapter 11,
Article 1,Hawai`i County Code relating.to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
P. The applicant,successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
Q. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
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3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension shah be for a period not to exceed the period originally
k ranted for performance (i.e., a condition to be performed within one year
may be extended for up to one additional year).
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5. If the applicant should require an additional extension of time,the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
R. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO CIL MEVWER, COUNVf OF HAWAI`l
Hilo Hawai`i
Date of Introduction: December 21, 2016
Date of 1 st Reading: December 21, 2016
Date of 2nd Reading: January 5, 2017
Effective Date: January 20, 2017
REFERENCE Comm, 1154
_g..
RS-10
RS-10
R5 10
RS-1D
RSr1D
i R5-10 b3'
i
7 � �
F
R5-10 CN-10
x
r
C
r+ SINGLE FAMILY RES}OEN'iIAL-70,0100 SQUARE FEET{Ti5.10)TO
Y NEIGHBORHOOD C40MNE2CiAL-10,000 SQUARE FEET(CN-10)
7.000 ACRE
E KAHAOPEA S-T
W KAHAOPEA S-T R5--10 PS-10 R5-10 RS-1D
Feet
0 100 200 300 400 500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10)TO
NEIGHBORHOOD COMMERCIAL- 10,000 SQUARE FEET (CN-10)
AT WAIFIKEA, SOUTH HILO, HAWAI`[
MAP PREPARED BY:
nAK(3)2.2•e40-.004 COUNTY OF RAWAI`l, PLANNING DEPARTMENT DATE.September 7,2016
Q
EXHIBIT"A" nnan 1 7 szs379
I �
COUNTY CLEM j
COUNTY OF HAKU'I
OFFICE OF THE COUNTY CLERK RECEIVED
Time �t5 a-+n By �—
County of Hawaii Date �I&W 2 A Z017
Hilo.Hawaii
I
Introduced By: Greggor Ilagan ROLL CALL VOTE
Date Introduced: December 21, 2016 AYES NOES ABS EX
First Reading: December 21, 2016 Chung X
i
Published: December 31, 2016 David X
Eoff X
REMARKS.• ICanuha X
Lee Loy X
O'Hara' X
Poindexter X
Richards X
i
Ruggles X
Second Reading: January 5, 2017 S 0 1 0
To Mayor: January 13, 2017
Returned: January 20, 2017 ROLL CALL,VOTE
Effective: January 20, 2017 AYES NOES ABS EX
Published: January 28, 2017
Chung X
David X
REMARKS. Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
a a i a
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
i ,4pprv2ed/ approved this 2_ day CO u CHAIRPE ON
o 20 l� CWJNTYCLERK
g �
Bill No.:Reference:
MAYOR, RUN;IAWAII C-1154/PC-82
Ord No.: 17 7
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ZONING § 25-4-68
Section 25-4-68. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis
structure position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would
violate the minimum yard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, difficulty, or hardship to the applicant.
(2002, ord 02-70, sec 3.)
Section 25-4-69. Recognition of de minimis structure position discrepancy.
If the director accepts the application for recognition of de minimis structure
position discrepancy, the director shall notify the applicant in writing that the
discrepancy is not a violation of the zoning code and that it may remain in place without
a variance.
(2002, ord 02-70, sec 3.)
Section 25-4-70. Disclosure.
A de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
(2002, ord 02-70, sec 3.)
Section 25-4-71. Appeals.
The director's decision with respect to a de minimis structure position discrepancy
is appealable to the board of appeals.
(2002, ord 02-70, sec 3.)
Article 5. Zoning District Regulations.
Division 1. RS, Single-Family Residential Districts.
Section 25-5-1. Purpose and applicability.
The RS (single-family residential) district provides for lower or low and medium
density residential use, for urban and suburban family life. It applies to areas having
facilities, and to carry out the above stated purpose.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-2. Designation of RS districts.
Each RS (single-family residential) district shall be designated on the zoning map
by the symbol "RS" followed by a number which specifies the required minimum
building site area in thousands of square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept. 25-73
Exhibit _ 2
25-5-3 HAwAI`l COUNTY CODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) 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 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) Medical clinics.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord
14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26,
sec 5.)
Section 25-5-4. Height limit.
The height limit in the RS district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 10 (7-2021) 25-74
ZONING § 25-5-5
Section 25-5-5. Minimum building site area.
The minimum building site area in the RS district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-6. Minimum building site average width.
Each building site in the RS district shall have a minimum average width of sixty
feet, plus two feet for each five hundred square feet of required building site area in
excess of seven thousand five hundred square feet, except that no building site shall be
required to have an average width of more than one hundred fifty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-7. Minimum yards.
The minimum yards in the RS district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet.
(2) On a building site with a required area of ten thousand square feet to and
including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet.
(3) On a building site with a required area of twenty thousand square feet or
more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.)
Section 25-5-8. Other regulations.
(a) There may be more than one single-family dwelling on each building site in an RS
district provided there is not less than the required minimum building site area for
each dwelling.
(b) One guest house, in addition to a single-family dwelling, may be located on any
building site in the RS district.
(c) An ohana dwelling may be located on any building site in the RS district, as
permitted under article 6, division 3 of this chapter.
(d) If a legal building site in the RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in
the RS district having the largest requirements for which the building site can
comply.
(e) Exceptions to the regulations for the RS district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development, or by the director within a cluster plan
development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.)
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(c) Plan approval shall be required for all new structures and additions to existing
structures in the V district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the V district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 9; am 2015,
ord 15-33, sec 4.)
Division 10. CN, Neighborhood Commercial Districts.
Section 25-5-100. Purpose and applicability.
The CN (neighborhood commercial) district applies to strategically located centers
suitable for commercial activities which shall be of such size and shape as will
accommodate a compact shopping center which supplies goods and services to a
residential or working population on a frequent need or convenience basis. This district
is distinguished from a central commercial district which provides general business and
broad services to a city or region.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-101. Designation of CN districts.
Each CN (neighborhood commercial) district shall be designated by the symbol
"CN' followed by a number which indicates the minimum land area, in thousands of
square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-102. Permitted uses.
(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(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, as permitted under chapter 6, article 1 of this
Code.
(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.
(12) Crop production.
(13) Day care centers.
(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.
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Manning Deus.
Exhibit 3
§ 25-5-102 HAWAI`I COUNTY CODE
(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) Medical clinics.
(23) Meeting facilities.
(24) Model homes, as permitted under section 25-4-8.
(25) Museums.
(26) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(27) Offices.
(28) Personal services.
(29) Photography studios.
(30) Public uses and structures, as permitted under section 25-4-11.
(31) Repair establishments, minor.
(32) Restaurants.
(33) Retail establishments.
(34) Schools.
(35) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(36) Telecommunication antennas, as permitted under section 25-4-12.
(37) Theaters.
(38) 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.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the CN district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 12; am 2018, ord
18-114, sec 10; am 2019, ord 19-100, sec 6; am 2019, ord 19-100, secs 6 and 7; am 2020,
ord 20-3, sec 1.)
Section 25-5-103. Height limit.
The height limit in the CN district shall be forty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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ZONING § 25-5-104
Section 25-5-104. Minimum building site area.
The minimum building site area in the CN district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-105. Minimum building site average width.
Each building site in the CN district shall have a minimum average width of sixty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-106. Minimum yards.
The minimum yards in the CN district shall be as follows:
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD,
RM, RCX or V district. Where the side yard adjoins the side yard of a building
site in an RS, RD, RM, RCX or V district, there shall be a side yard which
conforms to the side yard requirements for dwelling use of the adjoining
district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-107. Landscaping of yards.
(a) All front yards in the CN district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CN district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 10.)
Section 25-5-108. Other regulations.
(a) In conjunction with plan approval, the director may require the construction of a
continuous eave overhanging the front property line in the CN district. The director
may also require that the eave be of similar height and design in any one block of
the CN district.
(b) Plan approval shall be required for all new structures and additions to existing
structures in the CN district, except for construction of one single-family dwelling
and any accessory buildings per lot.
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§ 25-5-108 HAwAI'I COUNTY CODE
(c) Exceptions to the regulations for the CN district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 11; am 2015,
ord 15-33, sec 4.)
Division 11. CG, General Commercial Districts.
Section 25-5-110. Purpose and applicability.
(a) The CG (general commercial) district applies to an area suitable for commercial
uses and services on a broad basis to serve as the central shopping or principal
downtown area for a city or a region.
(b) No CG district shall be established until there is a demonstrated need for such
action and no two CG districts shall be established in such relationship to each
other that they cannot act as one center and yet are too close together to serve two
distinct regions.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-111. Designation of CG districts.
Each CG (general commercial) district shall be designated by the symbol "CG"
followed by a number which indicates the minimum land area, in thousands of square
feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-112. Permitted uses.
(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.
(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.
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