HomeMy WebLinkAboutSupplement 17
SUPPLEMENT 17 (1-2025)
Insertion Guide
Hawai‘i County Code1983 (2016 Edition)
Volumes 1 - 3
(Covering general ordinances effective through 12-31-24 and
numbered through 24-99)
This supplement consists of reprinted pages replacing existing pages in
the Hawai‘i County Code 1983 (2016 Edition). Remove the pages listed in the
column headed “Remove Pages” and replace them with the pages listed in the
column headed “Insert Pages.” This insertion guide should be retained as a
permanent record of pages supplemented and filed in Volume 3, behind the
“Supplement Insert Guides” tab.
Remove Pages Insert Pages
VOLUME 1
Vol. 1 Cover Page Vol. 1 Cover Page
Chapter 2 Administration
i – ii i - ii
v – vi v – vi
2-15 – 2-16 2-15 –2-16.2
2-63 – 2-68 2-63 –2-68
Chapter 4 Animals
i – ii i – ii
4-1 – 4-4 4-1 – 4-4
4-9 – 4-10 4-9 – 4-10
4-15 – 4-16 4-15 – 4-16.2
Chapter 5 Construction Administrative Code
i – iv i – iv
5-3 – 5-6 5-3 – 5-6
5-13 – 5-16 5-13 – 5-16
5-23 – 5-26 5-23 – 5-26
5-29 – 5-30 5-29 – 5-30
1
Chapter 6 Businesses
i – ii i – ii
6-1 – 6-4 6-1 – 6-4
Chapter 14 General Welfare
14-19.2 – 14-20 14-19.2 – 14-20
Chapter 15Parks and Recreation
15-26.3 – 15-27.1 15-26.3– 15-27.1
Chapter 16 Planning
16-1 –16-216-1 –16-2
VOLUME 2
Vol. 2 Cover Page Vol. 2 Cover Page
Chapter 19Real Property Taxes
19-1– 19-2.2 19-1 –19-2.2
19-25– 19-30 19-25 –19-30
19-35– 19-36 19-35 –19-36
19-47 –19-47.1 19-47 –19.47.1
19-47.4 – 19-47.5 19-47.4 – 19.47.5
19-75 – 19-77 19-75 –19-77
Chapter 20Integrated Solid Waste Management
i – ii i –ii
20-3 – 20-4 20-3 –20-4.2
Chapter 22 County Streets
i – ii i –ii
22-3 – 22-10 22-3 –22-10.4
Chapter 23 Subdivisions
23-37 – 23-38 23-37 –23-38
2
Chapter 24 Vehicles and Traffic
24-13 – 24-14 24-13 –24-14
Chapter 24 Traffic Schedules
24A-7 – 24A-10 24A-7 – 24A-10.2
24A-13– 24A-16 24A-13 – 24A-16
24A-47– 24A-48.2 24A-47 – 24A-48.2
24A-57– 24A-62 24A-57 – 24A-62
24A-67– 24A-68 24A-67 – 24A-68
24A-71– 24A-72 24A-71 – 24A-72
24A-81 – 24A-82 24A81 – 24A-82
Chapter 25Zoning
iii – iv iii – iv
ix – x ix – x
25-1 – 25-4 25-1 –25-4
25-9 – 25-12 25-9 –25-12
25-14.1 – 25-16 25-14.1 – 25-16
25-25 –25-28.2 25-25 –25-28.2
25-61 – 25-62 25-61 –25-62
25-73 –25-122 25-73 –25-122
25-131 –25-136 25-131 –25-136
25-151 –25-154 25-151 –25-154
Chapter 25 Zoning Annex
25A-26.1–25A-26.2 25A-26.1 –25A-26.2
25A-129–25A-130 25A-129– 25A-130
VOLUME 3
Vol. 3 Cover Page Vol. 3 Cover Page
Index
I-1 – I-4 I-1 –I-4
I-7 – I-24 I-7 –I-24
I-37 – I-40 I-37 – I-40
I-45 – I-46 I-45 – I-46
I-55 – I-56 I-55 – I-56
I-65 – I-70 I-65 – I-70
3
Legislative History
T-6.1 –T-6.4 T-6.1 – T-6.4
T-41 T-41 – T-43
Supplement Insert Guide
Supp. 17
Insertion Guide
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4
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 17 (1-2025)
Contains ordinances effective through: 12-31-2024
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808)961-8255
Volume One
CHAPTER 2
ADMINISTRATION
Article 1. General Provisions.
Section 2-1. Purpose of chapter.
Section 2-2. Bonds of officials required; amount; filing; payment of premiums.
Section 2-3. Issuance of commissions.
Section 2-4. Subpoenas.
Section 2-5. Inspections; charges for overtime.
Section 2-5.1. Hawaiian language; spelling.
Article 2. Executive Branch.
Section 2-6. Office of the mayor.
Section 2-7. Organization of executive branch.
Section 2-8. Order of succession to office of mayor.
Article 3. Office of the Corporation Counsel.
Section 2-9. Settlement of claims.
Section 2-10. Settlement of land acquisitions.
Article 3A. Office of the Prosecuting Attorney.
Section 2-10A. Appointment of personnel.
Article 4. Department of Finance.
Section 2-11. Issuance of warrants.
Section 2-12. Refund of permit fees.
Section 2-12.1. Encumbrances.
Section 2-12.2. Lien parity.
Section 2-12.3. Change orders and contract supplements; notification to the council.
Section 2-12.4. Fund balance.
Section 2-12.5. Temporary positions; notification to the council.
Section 2-12.6. Annual revenue report.
Section 2-12.7. Fiscal impact statements.
Article 5. Fire Department.
Section 2-13. Fire chief; appointment; qualifications.
Section 2-14. Powers, duties and functions.
Section 2-15. Fire commission.
Section 2-15.1. Powers, duties and functions.
SUPP. 10 (7-2021)
i
Article 6. Volunteer Fire Department.
Section 2-16. Volunteer fire department created.
Section 2-16.1. Volunteer fire stations.
Section 2-17. Head of volunteer fire department.
Section 2-18. Appointment of other personnel.
Section 2-19. Volunteer personnel.
Section 2-20. Mileage reimbursements for volunteer fire personnel.
Section 2-21. Coordination of volunteer and regular fire departments.
Section 2-22. Use of County fire-fighting equipment.
Section 2-23. Benefits.
Section 2-24. Extent of coverage.
Section 2-25. Computation of wages.
Section 2-26. Volunteers not members of volunteer fire department.
Article 7. Planning Department.
Section 2-27. Windward and leeward planning commissions.
Section 2-28. Quorum; meetings.
Section 2-28.1. Community development plan.
Section 2-29. Records of findings required; location of office.
Section 2-30. Publication of notice.
Section 2-31. General plan; contents; location.
Section 2-32. Subdivision regulations.
Section 2-33. Zoning regulations; amendments.
Section 2-34. Application for changes or new provisions.
Section 2-35. Repealed.
Section 2-35.1. Urban renewal.
Section 2-35.2. Semiannual reports.
Article 8. Department of Research and Development.
Section 2-36. Purpose.
Section 2-37. Sustainability Action Committee.
Section 2-37.1. Duties of the committee.
Section 2-37.2. Guidelines for committee recommendations.
Article 9. Department of Public Works.
Division 1. Organization.
Section 2-38. Director of public works as department head.
Section 2-39. Duties of director of public works.
Section 2-40. Duties and functions of department.
Section 2-41. Divisions within department.
SUPP. 17 (1-2025)
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Article 16. Travel and Other Expenses.
Section 2-92. Entitlement.
Section 2-93. Travel status.
Section 2-94. Travel authorization.
Section 2-95. Overnight travel expenses.
Section 2-96. Repealed.
Section 2-97. Other allowable expenses.
Section 2-98. Adjustments and exceptions.
Section 2-99. Funds for travel expenses.
Section 2-100. Reports.
Section 2-101. Compensation for use of private automobile.
Section 2-101.1. Mileage and meal reimbursements for volunteer police personnel.
Section 2-102. Conflicts with employee contracts.
Article 17. Public Records Fee Schedule.
Section 2-103. Administered by clerk.
Section 2-104. Fees for copies of public records.
Section 2-105. Charges for publications.
Section 2-106. Applicability.
Section 2-107. Exemption from payment of fees and charges.
Article 18. Uncollectible Accounts.
Section 2-108. Definitions.
Section 2-109. Uncollectible accounts; procedure; records.
Article 19. Real Property Disposition.
Section 2-110. Definitions.
Section 2-111. Powers of council.
Section 2-112. Disposition by auction.
Section 2-113. Sale or lease by sealed bids.
Section 2-114. Sale or lease by negotiation.
Section 2-115. Exchange of real property.
Section 2-116. Notice.
Section 2-117. Appraisals.
Section 2-118. Remnants.
Section 2-119. Licenses and permits.
Section 2-120. Disposition to government, governmental agencies, nonprofit
organizations, and affordable housing developers.
Section 2-120.1. Minimum provisions and clauses.
Section 2-120.2. Central repository.
v
Article 20. Voter Registration.
Section 2-121. Definitions.
Section 2-122. Release of voter registration data.
Section 2-123. Restriction as to release of information by clerk.
Section 2-124. Condition for accessing voter registration data.
Section 2-125. Charges for voter registration data.
Section 2-126. Penalty.
Article 21. Repealed.
Section 2-127. Repealed.
Section 2-128. Repealed.
Section 2-129. Repealed.
Section 2-130. Repealed.
Article 22. Disposal of County Equipment.
Section 2-131. Director of finance; powers and duties.
Section 2-132. Disposition of proceeds.
Article 23. Federal Revenue Sharing Fund.
Section 2-133. Federal revenue sharing fund.
Article 24. Payment to County, Subsequently Dishonored.
Section 2-134. Service charge assessed.
Article 25. Appropriation of Funds to Nonprofit Organizations.
Section 2-135. Purpose.
Section 2-136. Definitions.
Section 2-137. Eligible organizations.
Section 2-138. Conditions for grant awards.
Section 2-139. Procedure for awarding grants.
Section 2-140. Repealed.
Section 2-141. Applicability to noncounty funds; cosponsored activities.
Section 2-142. Records, reporting, and fiscal accountability requirements.
Section 2-142.1. Rules.
Section 2-142.2. Repealed.
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A DMINISTRATION § 2-31
(5) Adequate drainage facilities and control; and
(6) Such other matters as may, in the council’s judgment, be beneficial to the
social, economic, and governmental conditions and trends, and which are
designed to assure the coordinated development of the County and to promote
the general welfare and prosperity of its people.
(b) The general plan shall be kept on file at the planning department.
(1983 CC, c 2, art 7, sec 2-31; am 2009, ord 09-118, sec 7.)2-31
Section 2-32. Subdivision regulations.
Regulations provided for under this section and as codified in chapter 23 of this
Code shall coordinate streets within subdivisions with other existing or planned streets,
or with other features of the general plan for the adequate and convenient placing of
open spaces for traffic, utilities, access for fire-fighting apparatus, recreation, light and
air, and for the avoidance of congestion of population, including minimum width and
area of lots, and for a proper distribution of population and traffic which will tend to
create conditions favorable to public health, safety, and morals. All such regulations
shall be enacted as ordinances of the County and published as provided by law.
Pursuant to the Charter, the windward and leeward planning commissions shall meet
separately and provide separate recommendations on any amendment to subdivision
regulations.
(1983 CC, c 2, art 7, sec 2-32; am 2009, ord 09-118, sec 8.)2-32
Section 2-33. Zoning regulations; amendments.
(a) Regulations provided for under this section and as codified in chapter 25 of this
Code shall regulate and limit the height and bulk of buildings, to regulate and
determine the area of yards, courts and other open spaces, and to regulate and
restrict the location of trades and industries and the location of buildings designed
for specific uses or creating districts for any such purposes. The regulations shall be
enacted as ordinances of the County and published as provided by law. Pursuant to
the Charter, the windward and leeward planning commissions shall meet
separately and provide separate recommendations on any amendment to zoning
regulations.
(b) The director, with the approval of either the windward or leeward planning
commission, or both acting jointly, as provided in the Charter, may initiate at any
time or upon application as provided in section 2-34 and recommend to the council
the adoption of an ordinance amending or repealing any zoning regulation or the
enactment of a new ordinance regulating land uses after a public hearing is held.
Published notice of the hearing shall be given in the manner provided in
section 2-30.
(c) Notwithstanding any provision in this section, any ordinance regulating land use
and affecting lands in a redevelopment project area shall be amended without the
necessity of a public hearing to conform to the approved redevelopment plan upon
acquisition of the lands by the Hawai‘i redevelopment agency in accordance with
section 53-6, Hawai‘i Revised Statutes.
(1983 CC, c 2, art 7, sec 2-33; am 2009, ord 09-118, sec 9.)2-33
2-15
§ 2-34 H AWAI‘I C OUNTY C ODE
Section 2-34. Application for changes or new provisions.
(a) Any application for a change, amendment or other modification or addition to any
zoning ordinance may be filed with the director by the owner or lessee holding
under a recorded lease of any real estate affected by any such ordinance or to be
affected by the proposed changes, upon depositing with the director the sum of $100
to cover all necessary costs.
(b) When all the preliminary procedures have been complied with, the director shall
refer the application to either the windward or leeward planning commission, or
both acting jointly, as provided in the Charter. The designated commission, or both
commissions if so required by Charter, shall consider and act upon the application
by holding a public hearing, published notice of which shall be given in the manner
provided by law.
(1983 CC, c 2, art 7, sec 2-34; am 1994, ord 94-14, sec 2; am 2009, ord 09-118, sec 10.)2-34
Section 2-35. Repealed.
(1983 CC, c 2, art 7, sec 2-35; rep 2009, ord 09-118, sec 11.)2-35
Section 2-35.1. Urban renewal.
The planning department is hereby determined to be the lead agency in enabling
the County to directly exercise its powers as provided for in parts I and II of chapter 53,
Hawai‘i Revised Statutes. As the lead agency, the planning department shall delegate
the responsibilities of the Hawai‘i redevelopment agency to the appropriate
departments, commissions and agencies to insure that the procedures of compliance are
adhered to.
(1992, ord 92-37, sec 2.)2-35.1
Section 2-35.2. Semiannual reports.
(a) The planning director shall provide reports to the council relating to the actions
taken by the planning director for each six-month period from January through
June and July through December of each year. Reports shall be submitted to the
council within thirty calendar days following the end of each six-month period.
(b) Each report shall include any property for which:
(1) An initial time extension has been granted by the planning director;
(2) Applications have been approved or denied for zoning variances, subdivision
variances, subdivisions, ohana dwelling permits, nonsignificant zoning
changes, plan approvals of telecommunications antennas, or additional farm
dwelling agreements; or
(3) Any application, except for registration of a short-term vacation rental, has
been approved or denied under the sole authority of the planning director or
by operation of applicable law when the planning director failed to approve or
deny the application.
(c) Each report shall contain:
(1) The tax map key(s) for each property;
(2) The property zoning district at the time of the application;
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A DMINISTRATION §2-35.2
(3) In the case of variances, the provision(s) of chapter 23 or chapter 25, for which
the variance is sought;
(4) In the case of nonsignificant zoning change applications, the new zoning
district resulting from the nonsignificant zoning change;
(5) The date of expiration for the approval of the application, if applicable; or, if
the director has not set a date of expiration, the report shall so indicate; and
(6) The condition(s) imposed by the director as a condition of approval of the
application, if applicable.
(2024, ord 24-52, sec 1.)2-35.2
Article 8. Department of Research and Development.*
Section 2-36. Purpose.
It is the purpose of this article to provide the necessary leadership to anchor the
department of research and development’s planning, policies, goals and actions in
sustainable economic, societal and environmental practices. The adoption and
employment of sustainable practices as a framework for business as usual through
systematic change processes which shall result in concrete outcomes, changes in
multiple functions or portions of the system, and institutionalization of these changes
on an on-going basis to address sustainable agriculture; alternative energy, fuel and
waste management; ecological education, business development, green housing and
buildings; and protection of biodiversity.
(2007, ord 07-161, sec 1.) 2-36
SUPP. 17 (1-2025)
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SUPP. 17 (1-2025)
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A DMINISTRATION §2-134
Article 24. Payment to County, Subsequently Dishonored.
Section 2-134. Service charge assessed.
In all instances where money due the County of Hawai‘i is dishonored when
presented for payment, the County may assess and collect a service charge in the
amount of $20 against the payor. Payment of this $20 service charge shall be made in
U.S. currency or other form acceptable to the director of finance. All fees collected
pursuant to this section shall be placed in the custody of the finance director for deposit
in the general fund.
(1983 CC, c 2, art 24, sec 2-134; am 2003, ord 03-104, sec 1.)2-134
Article 25. Appropriation of Funds to Nonprofit Organizations.
Section 2-135. Purpose.
The purpose of this article is to establish standards for the appropriation of funds to
nonprofit organizations providing programs and services which the County has
determined to be in the public interest.
(1983 CC, c 2, art 25, sec 2-135; am 2014, ord 14-43, sec 1.)2-135
Section 2-136. Definitions.
As used in this article, unless the context otherwise requires:
“Conflict of interest” means a substantial probability that action taken by an
individual will result in measurable direct benefits accruing to the individual as
opposed to benefits accruing in general to an industry.
“Council” means the County council of the County of Hawai‘i.
“Department” means the County agency reponsible for administering a grant.
“Director” means the head of the County agency reponsible for administering a
grant.
“Grant” means an appropriation of County funds pursuant to this article.
“Nepotism” means appointing persons to positions on the basis of their blood or
marital relationship to the appointing authority, rather than on merit or ability.
“Nonprofit organization” means an organization that is registered and in good
standing in the State of Hawai‘i as a nonprofit organization and maintains a 501(c)(3)
charitable designation from the Internal Revenue Service.
“Perquisite” means a privilege furnished or a service rendered by an organization to
an employee, officer, director, or member of that organization to reduce the individual’s
personal expenses.
“Public purpose” means a benefit to, improvement of, or promotion of the interests
of educational concerns, culture and the arts, needs of the poor, youth, the aged, those
with physical or emotional disabilities, victims of crimes, victims of health or social
crises, or public health and welfare of the people and the environment, as may be
determined by the County.
(1983 CC, c 2, art 25, sec 2-136; am 1986, ord 86-52, sec 2; am 1995, ord 95-138, sec 2;
am 1997, ord 97-103, sec 2; am 2012, ord 12-136, sec 1; am 2024, ord 24-59, sec 1.)2-136
SUPP. 17 (1-2025)
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§ 2-137 H AWAI‘I C OUNTY C ODE
Section 2-137. Eligible organizations.
All grant payments made by the County to nonprofit organizations are to be made
in accordance with these standards so that the funded nonprofit programs yield direct
benefits to the public and accomplish public purposes within the County. All nonprofit
organizations seeking awards of County grants shall meet the following eligibility
requirements:
(1) The nonprofit organization has a governing board whose members serve
without compensation and adhere to a written conflict of interest policy which
complies with requirements of the Internal Revenue Service, State law, and
rules and regulations of the finance director.
(2) The nonprofit organization has bylaws or policies which describe the manner
in which business is conducted, including management, audit, and fiscal
policies and procedures, written policies on prohibiting nepotism, and policies
on management of potential conflict of interest.
(3) The nonprofit organization must be licensed and accredited in accordance with
applicable requirements of Federal, State, and County laws.
(4) The nonprofit organization shall disclose any of its board members, officers,
directors, or administrators who may have a familial or business relationship
with any of the following:
(A) A member or members of the council;
(B) The mayor;
(C) The managing director;
(D) The director;
(E) The corporation counsel, the assistant corporation counsel, or a deputy
corporation counsel; or
(F) Any County officer or employee with oversight of the grant, if known.
(1983 CC, c 2, art 25, sec 2-137; am 1986, ord 86-52, sec 2; am 2012, ord 12-136, sec 1;
am 2024, ord 24-59, sec 2.)2-137
Section 2-138. Conditions for grant awards.
(a) The County may only grant an award when:
(1) The program or service proposed in the grant application yields direct benefits
to the public and accomplishes public purposes within the County; and
(2) The nonprofit organization has at least one year’s experience with the service
or activity for which the appropriation is sought or can otherwise demonstrate
to the satisfaction of the County sufficient expertise to successfully carry out
the service or activity.
(b) Nonprofit organizations to whom any grant is awarded shall agree to comply with
the following conditions before receiving the grant:
(1) Employ and appoint persons on the basis of merit and ability;
(2) Comply with applicable Federal and State laws prohibiting discrimination
against any person on the basis of race, color, national origin, religion, creed,
sex, age, disability, or other identified class;
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A DMINISTRATION §2-138
(3) Agree not to use any public funds for purposes of personal entertainment or
perquisites;
(4) Comply with such other requirements as the director may prescribe to ensure
adherence by the nonprofit organization with Federal, State, and County laws,
and established standards for fiscal and program management;
(5) Allow the director, the committees of the council and their staffs, and the
County auditor access to facilities, personnel, records, reports, files, and other
related documents in order that the program, management, and fiscal
practices of the nonprofit organization may be monitored and evaluated to
assure the proper and effective expenditure of public funds; and
(6) All funds awarded shall be restricted for the purposes stated in the application
and approved by the council. No more than ten percent of a grant may be
awarded for administrative and overhead costs.
(1983 CC, c 2, art 25, sec 2-138; am 1986, ord 86-52, sec 2; am 2012, ord 12-136, sec 1;
2-138
am 2024, ord 24-59, sec 3.)
Section 2-139. Procedure for awarding grants.
(a) All grants awarded pursuant to this article shall be made in accordance with one of
the following procedures:
(1) Waiwai grants-in-aid:
(A) Annually, before November 30, the finance director shall, for the purpose
of soliciting applications, establish a sum of at least $2,500,000 for the
ensuing fiscal year for Waiwai grant-in-aid awards. The finance director
shall also publish a notice soliciting applications in two newspapers of
general circulation within the County by November 30.
(B) Applications for Waiwai grants-in-aid shall be made on forms prescribed
by the finance director and shall be submitted to the finance director on
or before the last day of January following publication of the notice as
provided in subparagraph (A). No application shall be considered for any
Waiwai grant-in-aid award unless the application:
(i) Conforms with the requirements of this Code;
(ii) Includes detailed information on specific, measurable outcomes and
public benefits to be derived from the expenditure of County funds;
and
(iii) Complies with all other requirements and instructions for
submission as the finance director may direct.
(C) The finance director shall submit all applications which meet the
eligibility requirements established in section 2-137 to the council for its
review and appropriation of funds.
(D) The council shall review all eligible applications and assess whether the
conditions for a grant have been met, and upon favorable action by the
council to award grants and appropriate funds for Waiwai grants-in-aid
to the nonprofit organizations, the finance department shall prepare a
written contract with the nonprofit organization which shall meet all
SUPP. 17 (1-2025)
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§ 2-139 H AWAI‘I C OUNTY C ODE
legal requirements of the Federal, State, and County governments, and
shall include program, fiscal, and audit reporting requirements sufficient
to allow the finance director, the County auditor, or council to effectively
monitor and evaluate the use of the grant funds.
(E) The finance director shall notify each nonprofit organization by
August 31 if the council has approved or denied its application for a
Waiwai grant-in-aid.
(2) Grants from council district contingency relief funds:
(A) Requests for district contingency relief grants shall be made directly to
council members on a form prescribed by the council. The council shall
determine whether requests meet the eligibility and award conditions of
this article.
(B) Prior to introducing a resolution for a contingency relief grant, a council
member shall identify a department to administer the contingency grant.
(C) Appropriations from the district contingency relief account shall be
approved by resolution and transferred to the identified department for
administration. The resolution shall identify the nonprofit organization
and the specific program, project, event, activity, service, equipment,
materials, or supplies for which the grant shall be used.
(D) Any equipment purchased by a nonprofit organization shall be domiciled
with that nonprofit organization in the County. The nonprofit
organization shall assume any and all responsibility and liability for
such equipment.
(E) A contract shall be prepared by the identified department and executed
with the nonprofit organization which shall:
(i) Comply with all legal requirements of the County; and
(ii) Include program, fiscal, and audit reporting requirements sufficient
to allow the County auditor or council to effectively monitor and
evaluate the use of the grant funds.
(3) Other grants:
(A) Grant awards in excess of $25,000 to nonprofit organizations shall
specifically identify the organization receiving the grant funds and the
purpose for which the grant funds shall be used in a resolution.
(B) Grant awards in excess of $25,000 to organizations that do not qualify as
nonprofit organizations shall specifically identify the purpose for which
the funds shall be used in a resolution and be subject to competition in
compliance with chapter 103D of the Hawai‘i Revised Statutes.
(C) Grant awards of $25,000 or less may be authorized by the finance
director for projects or programs that accomplish public purposes upon
written request of a department. Such grant awards shall not be limited
to nonprofit organizations but shall specifically identify the organization
and program, project or event for which the grant funds shall be used
and comply with the rules and regulations of the finance director.
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A DMINISTRATION §2-139
(b) In the event that a grantee organization is unable or unwilling to provide the public
service(s) or purchase(s) for which grant funds were appropriated, the following
procedures shall apply:
(1) For grant awards authorized as prescribed in 2-139(a)(1), the mayor may
direct the finance director to solicit applications from eligible nonprofit
organizations to fulfill the specific public purpose(s) for which the funds were
originally appropriated for the remainder of the fiscal year. The director shall
forward recommended application(s) and appropriation measure(s) to the
council for its approval. Funds appropriated to a successor nonprofit
organization shall not exceed the balance of unexpended County funds
awarded to the original nonprofit organization.
(2) For grant awards from district contingency relief funds, the council may direct
the return of the full appropriation or the balance of unexpended funds.
(3) For other grant awards authorized as prescribed in 2-139(a)(3), the director
may direct the return of the full grant amount or balance of the unexpended
funds.
(1983 CC, c 2, art 25, sec 2-139; am 1986, ord 86-52, sec 2; am 1992, ord 92-151, sec 2;
am 1995, ord 95-138, sec 2; am 1997, ord 97-103, sec 3; am 1999, ord 99-56, sec 1; ord
99-103, sec 2; am 2001, ord 01-16, sec 2; am 2007, ord 07-52, sec 2; am 2012, ord 12-136,
sec 1; am 2014, ord 14-43, sec 2; am 2019, ord 19-75, sec 1; am 2024, ord 24-59, sec 4.)2-139
Section 2-140. Repealed.
(1983 CC, c 2, art 25, sec 2-140; am 1992, ord 92-151, sec 3; am 1995, ord 95-138, sec 2;
am 2007, ord 07-52, sec 3; rep 2012, ord 12-136, sec 1.) 2-140
Section 2-141. Applicability to noncounty funds; cosponsored activities.
Nothing in this article shall be construed to apply to the appropriation of funds:
(1) Provided to the County for a stated purpose by any person, private entity, or
governmental entity; or
(2) Made to an agency for any activity or program co-sponsored by the agency and
a private or governmental entity or entities.
(1983 CC, c 2, art 25, sec 2-141.)2-141
Section 2-142. Records, reporting, and fiscal accountability requirements.
(a) The nonprofit organization shall follow generally accepted accounting procedures
and practices and shall maintain books, records, documents, and other evidence
which sufficiently and properly account for the expenditure of County funds. The
books, records and documents shall be subject at all reasonable times to inspection,
reviews, or audits by the County expending agency, the director, and the legislative
auditor, or by their representatives.
(b) The County expending agency, director of finance, or County council may request
periodic written reports on the use of County funds.
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§ 2-142 H AWAI‘I C OUNTY C ODE
(c) For grants awarded pursuant to section 2-139(a)(1), the nonprofit organization
shall submit a written report to the council within sixty days after June 30 of the
contractual year. The report shall include, but not be limited to, a detailed
description focusing on specific, measurable outcomes of how the County funds
were used, public benefits derived from their use, and a breakdown of other funding
sources and their expenditures.
(d) In addition to any other remedy provided by law, if the nonprofit organization fails
to submit the written report due within sixty days after June 30 of the contractual
year within the allotted time, the County shall require the nonprofit organization to
return all grant funds awarded and deem the nonprofit ineligible to receive future
grant awards for at least the following fiscal year, and for all subsequent fiscal
years until such time as that written report is submitted to, and accepted by, the
council.
(e) Should the written report due within sixty days after June 30 of the contractual
year be deemed by the County to contain insufficient information, the nonprofit
organization shall be notified of the deficiencies and shall provide the additional
information within thirty days of notice or the nonprofit organization will be
deemed to be in violation of this section.
(1986, ord 86-52, sec 2; am 1995, ord 95-138, sec 2; am 1997, ord 97-103, sec 4; am 1999,
ord 99-103, sec 3; am 2007, ord 07-148, sec 2; am 2012, ord 12-136, sec 1.)2-142
Section 2-142.1. Rules.
(a) The finance director shall adopt rules as may be necessary to clarify and/or
implement this article.
(b) All application forms shall include a right to audit clause.
(c) All application forms shall include, “As part of this application, you acknowledge
that any funds awarded will be restricted for the purposes stated in the application
and that no more than ten percent of the grant may be used for administrative and
overhead costs.”
(1986, ord 86-62, sec 2; am 2012, ord 12-136, sec 1; am 2024, ord 24-59, sec 5.)2-142.1
Section 2-142.2. Repealed.
(1995, ord 95-138, sec 2; rep 2012, ord 12-136, sec 1.)2-142.2
Article 26. Salaries for Deputies in the Office of the
Corporation Counsel and the Office of the Prosecuting Attorney.
Section 2-143. Definitions.
(a) “Deputies” means deputies in the office of the corporation counsel and the office of
the prosecuting attorney.
(b) “Appointing authority” means the corporation counsel or the prosecuting attorney.
(1983 CC, c 2, art 26, sec 2-143.)2-143
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CHAPTER 4
ANIMALS
Article 1. Definitions.
Section 4-1-1. Definitions.
Article 2. Dog, Cat, and Animal Pounds.
Section 4-2-1. Pound established for dogs, cats, and domesticated animals.
Section 4-2-2. Direction, control, and administration of pound.
Section 4-2-3. Power to seize and impound dogs, cats, and domesticated animals.
Section 4-2-4.Enforcement by animal control officer.
Section 4-2-5.Expenses and appropriations for the pound.
Section 4-2-6. Repealed.
Section 4-2-7. Repealed.
Section 4-2-8. Repealed.
Section 4-2-9. Repealed.
Section 4-2-10. Repealed.
Article 3. Dogs, Cats, and Other Animals.
Section 4-3-1. Impoundment of animals.
Section 4-3-2. Failure to remove animal; penalty.
Section 4-3-3. Duty upon striking animals, including dogs and cats.
Section 4-3-4. Cruelty to animals, including dogs and cats.
Section 4-3-5. Places prohibited to animals, including dogs and cats.
Section 4-3-6. Defecation and nuisance prohibited.
Article 4. Dogs.
Division 1. Dog License Fees.
Section 4-4-1. Fees.
Section 4-4-2. Proof of sterilization.
Division 2. General Provisions.
Section 4-4-21. Seizure of dogs by officers.
Section 4-4-22. Seizure of stray dogs by persons other than officers.
Section 4-4-23. Redemption of seized dogs after sale.
Section 4-4-24. Female dogs.
Section 4-4-25. Noisy dogs.
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Section 4-4-26. Noisy dog; reasonable attempts to reduce noise; penalties.
Section 4-4-27. Harboring, holding for reward, or licensing of strayed or stolen dogs.
Section 4-4-28. Injuring or poisoning dogs.
Section 4-4-29. Leash required for public places.
Section 4-4-30. Penalty for permitting a dog to stray.
Division 3. Dangerous Dogs.
Section 4-4-31. Dangerous dogs may be slain.
Section 4-4-32. Negligent failure to control a dangerous dog; penalties.
Section 4-4-33. Habitual negligent failure to control a dangerous dog; penalties.
Section 4-4-34.Citation and summons; seizure; relinquishment of ownership.
Section 4-4-35.Additional penalties.
Section 4-4-36. Civil action not precluded.
Section 4-4-37. Exemption.
Article 5. Management of Apiaries and Beekeeping.
Section 4-5-1. Findings and purpose.
Section 4-5-2. Scope.
Section 4-5-3. Definitions.
Section 4-5-4. Generally accepted apiary management practices.
Section 4-5-5. Nuisance.
Article 6. Reserved.
Article 7. Reserved.
Article 8. Reserved.
Article 9. Enforcement.
Section 4-9-1. Enforcement.
Section 4-9-2. Training; appointment; powers of animal control officer.
Section 4-9-3. Summons.
Section 4-9-4. Failure to obey summons.
Section 4-9-5. Issuance of complaint; when.
Section 4-9-6. Disposition of fines and forfeitures.
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CHAPTER 4
ANIMALS
Article 1. Definitions.
Section 4-1-1. Definitions.
As used in this chapter:
“Animal control officer” means any employee of the County animal control and
protection agency, who is authorized to carry out and enforce the provisions of this
chapter.
“Animals,” unless provided otherwise, include but are not limited to those animals
that are customary and usual pets such as dogs, cats, rabbits, birds, and other beasts
which are maintained on the premises of a dwelling unit and kept by the resident of a
dwelling unit solely for personal enjoyment and companionship, such as, without
limitation, for a hobby, for legal sporting activities and for guarding of property.
Animals shall also include honey bees and exclude aviary game birds and fish as
defined in Hawai‘i Revised Statutes.
“At large” means on the premises of a person other than the owner of the dog or
other small domesticated animal without the consent of the occupant of the premises, or
on a public street, alley, highway, or in any public place except when under the control
of a responsible person or an authorized representative of the owner.
“Attack” means aggressive physical contact with a person or animal initiated by the
dog which may include, but is not limited to, the dog jumping on, leaping at, or biting a
person or animal.
“Bodily injury” means physical pain, illness, or any impairment of physical
condition.
“Dangerous dog” means any dog which, without provocation, attacks a person or
animal. A dog’s breed shall not be considered in determining whether or not it is
dangerous.
“Farm animals” means pigs, cows, goats, sheep, horses, camels, and llamas.
“Humane society” means any eleemosynary organization formed for the purpose of
providing humane care and treatment of dogs, cats, and other animals.
“Livestock” means all animals generally associated with farming, which are raised
or kept for food and other agricultural purposes. Such animals include: swine; cattle;
horses; goats; sheep; chickens, ducks, geese, turkey, and other poultry; rabbits; and
bees.
“Negligently” shall have the same meaning as is ascribed to the term in section
702-206, Hawai‘i Revised Statutes.
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§ 4-1-1 H AWAI‘I C OUNTY C ODE
“Owner” means any person owning, harboring or keeping a dog, provided that if the
owner is a minor under the age of 18 years, the parent, guardian or other person having
the care, custody or control of the minor shall be rebuttably presumed to be the owner.
The person to whom the license was issued pursuant to section 143-2, Hawai‘i Revised
Statutes, shall be rebuttably presumed to be the owner of the dog for purposes of this
section.
“Person” means and includes corporations, estates, associations, partnerships and
trusts, as well as one or more individual human beings.
“Police officer” means a sworn officer of the police department, charged with the
enforcement of County and State laws.
“Poultry” means fowl that are not regulated by state law, including chickens,
pigeons, turkeys, geese, ducks, and peacocks.
“Provocation” means that the attack by a dog upon a person or animal was
precipitated under circumstances reasonably expected to evoke a vicious response from
the dog, including, but not limited to, the following:
(1) The dog was protecting or defending its owner or a member of its owner’s
household from an attack or assault;
(2) The person attacked was committing a crime while on the property of the
owner of the dog;
(3) The person attacked was tormenting, abusing, or assaulting the dog;
(4) The dog was attacked by the animal;
(5) The dog was responding to pain or injury inflicted by the attacked person or
animal; or
(6) The dog was protecting itself, its kennels or its offspring from the attacked
person or animal and the attack was committed on its owner’s property.
“Serious bodily injury” means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
“Serious injury” to a domestic animal means physical injury to the animal involving
a broken bone, a laceration requiring stitches, a concussion, or a tearing or rupture of
an organ.
“Sterilized dog” means a spayed female dog and a neutered male dog.
“Stray” means:
(1) An unlicensed dog or dog without a license for the current year;
(2) Any dog on the premises of a person other than the owner of the dog, without
the consent of an occupant of such premises;
(3) Any dog on a public street, on public or private school grounds, or in any other
public place, except when under the control of the owner by leash, cord, chain
or other similar means of physical restraint, provided that such leash, cord,
chain, or other means is not more than eight feet in length, and provided
further that this provision shall not be construed to permit that which is
prohibited by any other law; or
(4) A cat or small domesticated animal wandering or running at large, or found
upon any public place or found not upon the lands of the owner or not under
the charge or control of one in possession.
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“Substantial bodily injury” means bodily injury which causes:
(1) A major avulsion, laceration, or penetration of the skin;
(2) A burn of at least second degree severity;
(3) A bone fracture;
(4) A serious concussion; or
(5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other
internal organs.
“Vicious dog” means a dog which:
(1) Places a person or other animal in imminent danger of bodily injury; or
(2) Has bitten any person or animal.
A dog shall not be deemed vicious where the vicious behavior in question is the
result of the dog being tormented, assaulted, or otherwise abused by the victim of
the vicious behavior.
(1983 CC, c 4, art 1, sec 4-1; am 1988, ord 88-48, sec 2; am 1992, ord 92-93, sec 1; am
2002, ord 02-138, sec 2; am 2022, ord 22-36, secs 2-4; am 2024, ord 24-26, secs 1-3;
ord 24-65, sec 2.)4-1-1
Article 2. Dog, Cat, and Animal Pounds.
Section 4-2-1. Pound established for dogs, cats, and domesticated animals.
The animal control and protection agency may establish pounds for the purpose of
impounding, caring for, sheltering, and disposing of unlicensed, lost, stray, homeless, or
diseased dogs, cats, or any seized animals not redeemed in the County of Hawai‘i.
(1983 CC, c 4, art 2, sec 4-2; am 2023, ord 23-33, sec 4.)4-2
Section 4-2-2. Direction, control, and administration of pound.
Each pound shall be under the direction, control and administration of the animal
control and protection agency which shall, in addition to the duties provided in section
4-2-1, feed and shelter the dogs, cats, and domesticated animals in their care pursuant
to chapter 143, Hawai‘i Revised Statutes.
(1983 CC, c 4, art 2, sec 4-3; am 1992, ord 92-93, sec 2; am 2023, ord 23-33, sec 4.)4-2-
Section 4-2-3. Power to seize and impound dogs, cats, and domesticated
animals.
The County animal control and protection agency shall be authorized to seize and
impound any dog, cat, or other domesticated animal, when such dog, cat, or other
domesticated animal is a stray, and to dispose of such dog, cat, or domesticated animal
in accordance with chapter 143, Hawai‘i Revised Statutes, as amended.
(1983 CC, c 4, art 2, sec 4-4; am 1992, ord 92-93, sec 2; am 2023, ord 23-33, sec 4.)4-2-
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§ 4-2-4 H AWAI‘I C OUNTY C ODE
Section 4-2-4. Enforcement by animal control officer.
The animal control and protection agency may designate persons who possess
qualifications and training satisfactory to the County to serve as animal control officers
to carry out the provisions of this article, chapter 143, Hawai‘i Revised Statutes, and
other provisions of this chapter which expressly authorize such animal control officers
to take specific action by ordinance.
(1983 CC, c 4, art 2, sec 4-5; am 1992, ord 92-93, sec 2; am 2023, ord 23-33, sec 4; am
2024, ord 24-26, sec 4.)4-2-4
Section 4-2-5. Expenses and appropriations for the pound.
All expenses of seizing, impounding, and disposing of stray animals, including dogs,
cats, or domesticated animals, shall be borne by the County.
(1983 CC, c 4, art 2, sec 4-6; am 1992, ord 92-93, sec 2; am 2023, ord 23-33, sec 4.)4-2-5
Section 4-2-6. Repealed.
(1983 CC, c 4, art 2, sec 4-7; am 1992, ord 92-93, sec 2; rep 2023, ord 23-33, sec 4.)4-2-6
Section 4-2-7. Repealed.
(1983 CC, c 4, art 2, sec 4-8; am 1992, ord 92-93, sec 2; rep 2023, ord 23-33, sec 4.)4-2-7
Section 4-2-8. Repealed.
(1983 CC, c 4, art 2, sec 4-9; am 1992, ord 92-93, sec 2; rep 2023, ord 23-33, sec 4.) 4-2-8
Section 4-2-9. Repealed.
(1983 CC, c 4, art 2, sec 4-10; am 1992, ord 92-93, sec 2; am 2011, ord 11-103, sec 5;
rep 2023, ord 23-33, sec 4.)4-2-9
Section 4-2-10. Repealed.
(1983 CC, c 4, art 2, sec 4-11; am 1992, ord 92-93, sec 2; rep 2023, ord 23-33, sec 4.)4-2-10
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(b) At all other times, when any dog is in season such dog shall be confined within a
building or enclosure in such manner that she will not come in contact (except for
intentional breeding purposes) with a male dog.
(c) A penalty of $10 shall be imposed upon the owner or keeper of a dog for each
violation of this section.
(1983 CC, c 4, art 4, sec 4-23; am 2022, ord 22-36, sec 6.)4-4-24
Section 4-4-25. Noisy dogs.
(a) No person shall keep any dog which barks, bays, cries, howls or makes any other
noise continuously or incessantly for a period of ten minutes or barks, bays, cries,
howls or makes any other noise intermittently for a period of twenty minutes
within a thirty-minute period of time to the disturbance of any person at any time
of day or night and regardless of whether the dog is physically situated in or upon
private property.
(b) A dog shall not be deemed a noisy dog for purposes of this section if, at the time the
dog is barking or making any other noise, a person is trespassing or threatening to
trespass upon private property in or upon which the dog is situated or for any other
legitimate cause which teased or provoked the dog. Such action is declared to be a
public nuisance and detrimental to the public health and welfare.
4-4-25
(1983 CC, c 4, art 4, sec 4-24; am 1992, ord 92-109, sec 1; am 2022, ord 22-36, sec 6.)
Section 4-4-26. Noisy dog; reasonable attempts to reduce noise; penalties.
(a) Any person disturbed by a noisy dog shall make a reasonable attempt to advise the
owner or custodian who keeps such dog of this fact. Reasonable attempts for
notification include by letter, email, visit to the owner or custodian, or any other
legal method. If the person disturbed by a noisy dog is unable to notify the owner or
custodian of the noisy dog, or after notifying the owner or custodian, the nuisance is
not abated, the person disturbed by the noisy dog may then notify the appropriate
enforcement agency.
(b) The owner or custodian of a noisy dog that causes a disturbance as provided in
section 4-4-25 shall be guilty of a violation of this section:
(1) If after being advised of the disturbance per subsection (a), the owner or
custodian of a noisy dog does not take immediate and effective action to abate
the nuisance; or
(2) If the appropriate enforcement agency is notified and responds to a complaint
of a noisy dog and the nuisance is not abated.
(c) There shall be a penalty of $50 for the first violation of this section. The second
violation has a penalty of $100, the third $200, and any subsequent violation $400.
(1983 CC, c 4, art 4, sec 4-25; am 1992, ord 92-109, sec 1; am 1996, ord 96-105, sec 1; am
2011, ord 11-48, sec 1; am 2022, ord 22-36, sec 6; am 2024, ord 24-46, sec 1.)4-4-2
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§ 4-4-27 H AWAI‘I C OUNTY C ODE
Section 4-4-27. Harboring, holding for reward, or licensing of strayed or
stolen dogs.
(a) Except as otherwise provided, no person shall harbor or hold for reward or procure
a license for a dog which has strayed from the dog’s premises or which has been
picked up on a public street, highway or other public place unaccompanied by its
owner or other person or which has been stolen from its owner.
(b) There shall be a penalty of $10 for each violation of this section.
(1983 CC, c 4, art 4, sec 4-26; am 2022, ord 22-36, sec 6.) 4-4-2
Section 4-4-28. Injuring or poisoning dogs.
(a) Unless otherwise provided by law, no person shall wilfully or negligently injure or
poison any dog.
(b) There shall be a penalty of $10 for each violation of this section.
(1983 CC, c 4, art 4, sec 4-27; am 2022, ord 22-36, sec 6.) 4-4-28
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(4) When outdoors, the dog be attended and kept within a fenced or walled area
from which it cannot escape;
(5) When outdoors, the dog be attended and kept on a leash no longer than six feet
in length and under the control of a person eighteen years of age or older;
(6) When outdoors, the dog be attended and muzzled with a muzzle that prevents
the dog from biting any person or animal but does not cause injury to the dog
or interfere with its vision or respiration;
(7) A sign or signs be placed in a location or locations directed by the court
advising the public of the presence and dangerousness of the dog;
(8) The owner and dog, at the owner’s expense, attend training sessions conducted
by an animal behaviorist, a licensed veterinarian, or other recognized expert in
the field;
(9) The dog be neutered or spayed at the owner’s expense, unless the neutering or
spaying of the dog is medically contraindicated;
(10) The owner procure liability insurance or post bond of not less than $50,000, or
for a higher amount if the court finds a higher amount appropriate to cover the
medical and/or veterinary costs resulting from potential future actions of the
dog;
(11) The dog be humanely destroyed; or
(12) Any other condition the court deems necessary to restrain or control the dog.
(c) For the purposes of this section, an “escape-proof kennel” means a kennel which
allows the dog to stand normally and without restriction, which is at least two and
one-half times the length of the dog, and which protects the dog from the elements.
Fencing or wall materials required under this section shall not have openings with
a diameter of more than two inches, and in the case of wooden fences, the gaps
therein shall not be more than two inches. Any gates within such kennel or
structure shall be lockable and of such design as to prevent the entry of children or
the escape of the dog, and when the dog is confined to such kennel or area and
unattended, such locks shall be kept locked. The kennel may be required to have
double exterior walls to prevent the insertion of fingers, hands, or other objects.
(d) Upon probable cause, a police officer may either arrest or issue a summons and
citation to the owner for violation of subsection (a).
(2022, ord 22-36, sec 13; am 2024, ord 24-26, secs 7 and 8.) 4-4-35
Section 4-4-36. Civil action not precluded.
Nothing contained in this article shall preclude any person injured by a dog from
bringing a civil action against the owner of such dog pursuant to the applicable
provisions of state law.
(2002, ord 02-138, sec 3; am 2022, ord 22-36, secs 6 and 12.)4-4-36
Section 4-4-37. Exemption.
The provisions of this article shall not apply to dogs owned by any law enforcement
agency and used in the performance of law enforcement work.
(2002, ord 02-138, sec 3; am 2022, ord 22-36, secs 6 and 8.)4-
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§ 4-5-1 H AWAI‘I C OUNTY C ODE
Article 5. Management of Apiaries and Beekeeping.
Section 4-5-1. Findings and purpose.
The council recognizes the critical role bees play in agriculture, pollinating food
crops and furnishing useful agricultural products, such as honey, wax, and queen bees.
The purpose of this article is to safeguard and promote this agricultural activity by
identifying generally accepted apiary management practices for beekeeping. Adherence
to these practices will promote healthy apiaries, prevent undesirable bee behavior,
mitigate infestations of apiary pests, and deter hive abandonment. Further, through
this article, it is the council’s intention to establish that chapter 165, Hawai‘i Revised
Statutes, the Hawai‘i right to farm act, applies to apiaries and individuals involved in
the production of apiary products, where applicable.
(2024, ord 24-65, sec 3.)4-5-1
Section 4-5-2. Scope.
This article establishes generally accepted apiary management practices for
beekeeping within zoning districts in the County that permit apiaries. Nothing in this
article is intended to conflict with any State or Federal law.
(2024, ord 24-65, sec 3.)4-5-2
Section 4-5-3. Definitions.
As used in this article, unless it is apparent from the context that a different
meaning is intended:
“Africanized honeybee” means all life stages of the animal subspecies Apis mellifera
scutellata or Apis mellifera adanosii.
“Apiary” means a site where one or more colonies of bees and beehives are kept and
maintained.
“Bee” or “honeybee” means all life stages of the common domesticated honeybee
European subspecies Apis Mellifera. This definition does not include wasps, hornets,
African subspecies, or Africanized hybrids.
“Beekeeper” means a person who intentionally owns, operates, maintains,
possesses or otherwise is in charge of an apiary.
“Colony” means an aggregate of bees consisting principally of workers, but having,
when perfect, one queen and at times drones, brood, combs, and honey.
“Disease” means any condition adversely affecting bees or their brood, which may
become epidemic, including without limitation, bacteria, viruses or invertebrate pests.
“Flyover barrier” means a solid wall, fence, or dense vegetation, or combination
thereof, that encourages honeybees to fly over rather than through the barrier.
“Hive” means a container or receptacle housing a bee colony and includes moveable
frame structures to facilitate the colony’s development.
(2024, ord 24-65, sec 3.)4-5-3
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Section 4-5-4. Generally accepted apiary management practices.
(a) Beekeepers shall, to the best of their ability, maintain a healthy colony of bees by
adhering to generally accepted apiary management practices as set forth in this
section.
(b) These generally accepted apiary management practices encompass, but are not
limited to, the following:
(1) Beekeepers regularly inspect their apiary and implement suitable measures to
prevent and mitigate potential nuisance activities, ensuring both the health
and well-being of the apiary and public health and safety;
(2) Maintain colonies in hives with removable frames, that are kept in sound and
usable condition;
(3) Maintain an adequate and accessible supply of fresh water on-site, including
landing sites for the honeybees to drink from;
(4) Protect hives from bright lights at night;
(5) Proactively manage colonies to prevent swarming;
(6) Ensure effective sanitation practices to prevent disease and robbing, mitigate
pests such as small hive beetles, wax moths, and varroa mites, and bolster
overall hive health;
(7) Thoroughly clean reused hives and beekeeping equipment to remove hive
products such as old comb and honey, and properly store hives to prevent
robbing or pest invasion;
(8) Support year-round bee activity by planting non-invasive seasonal flowers and
species suitable to the regional climate;
(9) Practice fire safety when using a bee smoker, and ensure the smoker is
completely extinguished following use;
(10) Requeen hives and colonies if aggressive behavior is observed;
(11) Be considerate of neighbors by placing hive boxes as far away as feasible from
neighboring properties with dwelling units; and
(12) Respond to concerns, complaints, and other issues from neighbors in a manner
that seeks to find mutually agreeable resolutions and avoid further potential
conflict.
(c) Novice beekeepers should consult with the department of research and
development, State department of agriculture, and other entities possessing
expertise and experience in apiary management to establish and sustain safe,
healthy, and productive hive operations.
(2024, ord 24-65, sec 3.)4-5-4
Section 4-5-5. Nuisance.
(a) Nuisance complaints, such as aggressive bee behavior or other activity that
disrupts or impedes public health and safety, shall be filed with the vector control
division of the State department of health.
(b) Detection of Africanized honeybees shall be reported to the State department of
agriculture.
(2024, ord 24-65, sec 3.)4-5-5
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§ 4-9-1 H AWAI‘I C OUNTY C ODE
Article 6. Reserved.
Article 7. Reserved.
Article 8. Reserved.
Article 9. Enforcement.
* Editor’s Note: A new article 9, “Enforcement,” was created and sections 4-32 to 4-36 placed within this article by
Ordinance 22-36.
Section 4-9-1. Enforcement.
For any violation of any of the provisions of articles 3 or 4, or of the provisions of
chapter 143, Hawai‘i Revised Statutes, it shall be the duty of any officer authorized to
seize and impound any dog running at large within the meaning of this article to issue a
summons to the owner or other person charged with the responsibility of complying
with the provisions of articles 3 or 4, or with the provisions of chapter 143, Hawai‘i
Revised Statutes. Said summons shall instruct such owner or person to report at the
violations bureau of the respective district courts of the third circuit. Each such owner
or person may, within seven days after the receipt of such summons, appear at such
violations bureau and post a bail bond, in such amounts as may be set by the
administrative judge of the district courts, for appearance on the date as may be set for
such person to appear before the district court. Upon failure to appear upon such date,
said bail bond shall be deemed forfeited.
(1986, ord 86-34, sec 6; am 2022, ord 22-36, secs 16 and 17.)4-9-1
Section 4-9-2. Training; appointment; powers of animal control officer.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawai‘i Revised
Statutes, an animal control officer shall be authorized to issue a complaint and
summons or other form of citation as the animal control and protection
administrator may deem to be appropriate to enable an animal control officer to
carry out and to perform the duties of an animal control officer under this chapter.
(b) The animal control and protection administrator shall verify that a person to serve
as an animal control officer is qualified and trained to serve in that capacity. The
animal control and protection administrator shall be empowered to establish
minimum requirements for qualification and training, which may be revised from
time to time, provided that a copy thereof, and of any revisions, shall be kept on file
with the animal control and protection agency’s office thereof at all times. All
County agencies, officers and employees shall render their cooperation and
assistance to the animal control and protection administrator for purposes of this
subsection (b).
SUPP. 17 (1-2025)
4-16.2
CHAPTER 5
CONSTRUCTION ADMINISTRATIVE CODE
Article 1. General Provisions.
Section 5-1-1. Title.
Section 5-1-2. Purpose.
Section 5-1-3. Scope; exceptions.
Section 5-1-4. Existing buildings.
Section 5-1-5. Definitions.
Section 5-1-6.Licenses.
Section 5-1-7.Computation of time.
Section 5-1-8. Additional time after service by mail.
Article 2. Administration.
Division 1. General.
Section 5-2-1. Department having jurisdiction.
Section 5-2-2. Duties of the authority having jurisdiction.
Section 5-2-3. Compliance required.
Section 5-2-4. Conflict.
Section 5-2-5. Adoption of rules.
Section 5-2-6. Right of entry.
Section 5-2-7. Deputies.
Section 5-2-8. Limited liability of authorized personnel.
Division 2. Materials, equipment, devices, design, and
methods of construction.
Section 5-2-21. Approved materials, equipment, and devices.
Section 5-2-22. Used materials, equipment, and devices.
Section 5-2-23. Alternative materials, equipment, design, or methods of construction.
Section 5-2-24. Modifications.
SUPP. 9 (1-2021)
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Article 3. Permits; When Required.
Division 1. Permits required.
Section 5-3-1. Permit required; generally.
Section 5-3-2. Factory-built housing.
Section 5-3-3. Relocation of buildings.
Section 5-3-4. Temporary permits; required.
Section 5-3-5. Separate permit; required.
Division 2. Permits not required.
Section 5-3-21. Permit exemptions.
Section 5-3-22.Building work; exempt.
Section 5-3-23.Electrical work; exempt.
Section 5-3-24. Plumbing work; exempt.
Section 5-3-25. Emergency work.
Article 4. Permit Application.
Division 1. Application.
Section 5-4-1. Application for permit.
Section 5-4-2. Plans, specifications, and other data.
Section 5-4-3. Engineers and architects; work.
Section 5-4-4. Contractors and specialty contractors; work.
Section 5-4-5. Review of application.
Section 5-4-6. Action on application.
Section 5-4-7. Withdrawal of application.
Section 5-4-8. Applications made prior to subsequent changes in applicable laws.
Division 2. Pre-approval.
Section 5-4-21. Plans for dwellings; pre-approval.
Article 5. Permits.
Section 5-5-1. Issuance.
Section 5-5-2. Posting.
Section 5-5-3. Designation of person, contractor, or subcontractor who will do work.
Section 5-5-4. Expiration.
Section 5-5-5. Extension.
Section 5-5-6. Retention of plans.
SUPP. 17 (1-2025)
ii
Article 6. Eligibility to Work.
Section 5-6-1. Persons to whom a permit may be issued.
Section 5-6-2. Eligibility to perform work.
Article 7. Fees.
Section 5-7-1. Permit plan review; general.
Section 5-7-2. Plan review fee for pre-approved plans.
Section 5-7-3. Permit.
Section 5-7-4. Temporary permit.
Section 5-7-5. Extra or regulatory inspections.
Section 5-7-6.Temporary certificate of occupancy.
Section 5-7-7.Fee payment.
Section 5-7-8. Refunds.
Article 8. Inspections.
Division 1. General provisions.
Section 5-8-1. General requirements.
Section 5-8-2. Work shall be visible for inspection.
Section 5-8-3. Requests for inspection.
Section 5-8-4. Inspections.
Section 5-8-5. Final inspection.
Section 5-8-6. Special inspection.
Section 5-8-7. Regulatory inspection.
Division 2. Authorization for service; certificate of occupancy.
Section 5-8-21. Permanent electrical service.
Section 5-8-22. Certificate of occupancy.
Article 9. Unsafe Buildings or Structures.
Section 5-9-1. Unsafe buildings or structures; public nuisances.
Section 5-9-2. Substandard.
Section 5-9-3. Structurally unsafe.
Section 5-9-4. Dangerous or hazardous.
Section 5-9-5. Inspection.
Section 5-9-6. Found to be unsafe; notice and order.
Section 5-9-7. Posting of signs.
Section 5-9-8. Action upon noncompliance.
SUPP. 17 (1-2025)
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Article 10. Violations, Penalties, and Enforcement.
Section 5-10-1. Violations.
Section 5-10-2. Administrative enforcement.
Section 5-10-3. Criminal prosecution.
Section 5-10-4. Injunctive action.
Section 5-10-5. Remedies cumulative.
Article 11. Variances and Appeals.
Section 5-11-1. Variances.
Section 5-11-2. Appeals regarding alternative materials, design, and methods of
construction.
Section 5-11-3.Other appeals.
Section 5-11-4. Rules; adoption by the board of appeals.
SUPP. 9 (1-2021)
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-5
“Agricultural building” means a development, including a nonresidential building
or structure, built for agricultural or aquacultural purposes, located on a commercial
farm or ranch constructed or installed to house farm or ranch implements, agricultural
or aquacultural feeds or supplies, livestock, poultry, or other agricultural or
aquacultural products, used in or necessary for the operation of the farm or ranch, or for
the processing and selling of farm or ranch products. An agricultural building for
personal use shall be excluded from this definition.
“Architect” means a person who is licensed and in good standing as an architect in
the State of Hawai‘i.
“Authority having jurisdiction” means the director of the department of public
works, or the director’s authorized representative.
“Building” means any structure used or intended for supporting or sheltering any
use or occupancy. The term shall include but not be limited to, any structure mounted
on wheels such as a trailer, wagon, or vehicle which is parked and stationary for any 24-
hour period, and is used for business or living purposes; provided, however, that the
term shall not include a push cart or push wagon which is readily movable and which
does not exceed 25 square feet in area, nor shall the term include a trailer or vehicle,
used exclusively for the purpose of selling any commercial product therefrom, which
hold a vehicle license and actually travels on public or private streets.
To the extent context otherwise permits and/or requires, the definitions of
“building” as used in chapters: 5A, the building code; 5B, the residential building code;
5C, the existing building code; 5D, the electrical code; 5E, the energy conservation code;
and 5F, the plumbing code; are incorporated by reference herein.
“Building work” means the design, construction, alteration, relocation,
enlargement, replacement, repair, removal, demolition of any building or structure, or
any other activities regulated by this chapter.
“Construction code” means collectively: chapter 5, the construction administrative
code; chapter 5A, the building code; chapter 5B, the residential building code; chapter
5C, the existing building code; chapter 5D, the electrical code; chapter 5E, the energy
conservation code; chapter 5F, the plumbing code; and all administrative rules adopted
pursuant to these chapters.
“Director” means the director of public works of the County of Hawai‘i or the
director’s duly authorized representative.
“Dwelling” means any building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or
that are occupied for living purposes.
“Dwelling unit” means a single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
“Electrical wiring” means any conduit, raceway, manhole, handhole, conductor,
material, device, fitting, apparatus, appliance, fixture, or equipment constituting a part
of or connected to any electrical installation, attached or fastened to any building,
structure, or premises and which installation or portion thereof is designed, intended, or
used to generate, transmit, transform, or utilize electrical energy within the scope and
purpose of the National Electrical Code.
SUPP. 11 (1-2022)
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§ 5-1-5 H AWAI‘I C OUNTY C ODE
“Electrical work” means the installation, alteration, reconstruction, or repair of
electrical wiring.
“Engineer” means a person who is licensed and in good standing as a professional
engineer in the State of Hawai‘i.
“Existing building” means a building erected prior to the effective date of this
chapter, or one for which a legal permit has been issued.
“Existing structure” means a structure erected prior to the effective date of this
chapter, or one for which a legal permit has been issued.
“Factory-built home” means a dwelling or dwelling unit, any structure or portion
thereof, which is either entirely prefabricated or assembled at a place other than the
building site.
“International building code” means the International Building Code published by
the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills,
IL, 60478-5795, including appendices, as adopted in chapter 5A.
“Multi-family dwelling” means any building that contains more than two dwelling
units used, intended, or designed to be built, used, rented, leased, let or hired out to be
occupied, or that are occupied for living purposes.
“Owner” means any individual, firm, partnership, association, or corporation, its or
their successors or assigns, according to the context thereof as owners or lessees of
property.
“Owner-builder” means owners or lessees of property who build or improve
buildings or structures on their property for their own use, or for use by their
immediate family. This definition shall not preempt owner-builder by exemption as
defined by section 444-2.5, Hawai‘i Revised Statutes.
“Permit” means a formal authorization issued by the authority having jurisdiction
that authorizes performance of specified work, pursuant to the construction code,
including the following chapters and all administrative rules adopted pursuant to the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 5D, the electrical code;
(6) 5E, the energy conservation code; and
(7) 5F, the plumbing code.
“Person” means any individual, firm, partnership, association, or corporation; or its
or their successors or assigns, according to the context thereof.
“Plumbing work” means the design, installation, alteration, construction,
reconstruction, or repair of plumbing, gas, and drainage systems.
“Portable appliances” means any cord/plug connected device that is readily
movable.
“Regulatory inspection” means an inspection that is requested to satisfy the
requirements of laws that are other than the construction code and that relate to
health, safety, or public welfare.
SUPP. 17 (1-2025)
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-5
“Responsible party” means, at a minimum, the owner of a building, structure,
portion thereof, or installation. “Responsible parties” may also include, but shall not be
limited to any lessee or tenant of the building, structure, or portion thereof, and the
owner of the property where the building, structure, or portion thereof, or installation is
located.
“Special inspection” means an inspection of the materials, installation, fabrication,
erection or placement of components and connections requiring special expertise to
ensure compliance with approved construction documents and referenced standards.
“Structure” means that which is built or constructed.
(2020, ord 20-61, sec 2; am 2021, ord 21-61, secs 5-7; am 2024, ord 24-45, sec 1.) 5-1-5
Section 5-1-6. Licenses.
When this construction administrative code or any of the construction codes require
that a person be licensed pursuant to chapters 444, 448E, or 464, of the Hawai‘i Revised
Statutes, such license must be valid in the State of Hawai‘i, unexpired, and unrevoked.
(2020, ord 20-61, sec 2.) 5-1-6
Section 5-1-7. Computation of time.
In computing any period of time prescribed or allowed by the construction
administrative code, or by any applicable law or rule, the day of the act, event, or
default after which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included unless it is a Saturday,
Sunday, or holiday, in which event the period runs until the end of the next day that is
not a Saturday, Sunday, or holiday. When the period of time prescribed or allowed is
less than seven consecutive days, intermediate Saturdays, Sundays, and holidays shall
be excluded in the computation. As used in the construction administrative code,
“holiday” includes any day designated as such pursuant to section 8-1, Hawai‘i Revised
Statutes.
(2020, ord 20-61, sec 2.) 5-1-7
Section 5-1-8. Additional time after service by mail.
Whenever a party has the right or is required to do some act or take some
proceedings within a prescribed period after the service of a notice or other paper upon
the party, if the notice or paper is served upon the party by mail, two days shall be
added to the prescribed period. This period shall begin as of the date of mailing.
(2020, ord 20-61, sec 2.) 5-1-8
Article 2. Administration.
Division 1. General.
Section 5-2-1. Department having jurisdiction.
Unless otherwise provided for by law, the director of public works, in the director’s
capacity as the authority having jurisdiction, shall have jurisdiction over and
administer all matters covered by the construction code.
(2020, ord 20-61, sec 2.) 5-2-1
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§ 5-2-2 H AWAI‘I C OUNTY C ODE
Section 5-2-2. Duties of the authority having jurisdiction.
The authority having jurisdiction shall administer the provisions of the
construction code and amendments thereto and shall perform the following duties:
(1) Administer and enforce the provisions of the construction code, including
chapters: 5, the construction administrative code; 5A, the building code; 5B,
the residential building code; 5C, the existing building code; 5D, the electrical
code; 5E, the energy conservation code; and 5F, the plumbing code; in a
manner consistent with the intent thereof;
(2) Render interpretations of the construction code and adopt policies and
procedures that are consistent with the intent and purpose of this code. Such
policies and procedures shall not have the effect of waiving requirements
specifically provided for in the construction code;
(3) Require submission of, examine, and check plans and specifications, drawings,
descriptions and diagrams necessary to show clearly the character, kind, and
extent of work covered by applications for a permit, and upon approval, shall
issue the permit applied for;
(4) Inspect all building, electrical, and plumbing work authorized by permit to
assure compliance with provisions of the construction code or amendments
thereto, approving or condemning said work in whole or in part as conditions
require;
(5) Condemn and reject all work done or being done or materials used or being
used which do not in all respects comply with the provisions of the
construction code and amendments thereto;
(6) Order changes in workmanship and materials essential to obtain compliance
with all provisions of the construction code;
(7) Issue upon request a certificate of occupancy or certificate of completion for
any work approved by the authority having jurisdiction;
(8) Investigate any construction or work regulated by the construction code and
issue such notices and orders as provided in the construction code;
(9) Keep a complete record of all essential transactions; and
(10) Maintain public office hours necessary to administer the provisions of the
construction code and amendments thereto.
(2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 8.) 5-2-2
Section 5-2-3. Compliance required.
(a) Permit holders and their agents shall comply with the requirements of permits
issued pursuant to the construction code including chapters: 5, the construction
administrative code; 5A, the building code; 5B, the residential building code; 5C,
the existing building code; 5D, the electrical code; 5E, the energy conservation code;
and 5F, the plumbing code.
(b) Any approval or permit issued pursuant to the provisions of the construction code
shall comply with all applicable requirements of the construction code. Any
approval or permit that presumes to authorize violation of the provisions of the
construction code, or other applicable laws, shall be invalid, except insofar as the
work or use it authorizes is lawful.
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-3-5
(2) Electrical work for a dwelling and a private garage, shed, or accessory building
located on the same premises as the main building, and supplied electrical
power by a feeder or circuit from the main building; and
(3) Plumbing work for a dwelling and a private garage, shed, or accessory building
located on the same premises as the main building and served by the same
building water supply and building sewer as that serving the main building.
(2020, ord 20-61, sec 2.) 5-3-5
Division 2. Permits not required.
Section 5-3-21. Permit exemptions.
(a) Any person who is undertaking an action that is exempted from the requirement
for a permit may be required to obtain a declaration from the authority having
jurisdiction that the proposed action:
(1) Is exempt from the requirement to obtain a permit;
(2) Complies with chapter 27, relating to flood control; and
(3) Complies with chapter 205A, Hawai‘i Revised Statutes, relating to special
management areas.
(b) Exemption from the permit requirements of the construction code shall not be
deemed to authorize violation of other provisions of this code or other applicable
laws.
(2020, ord 20-61, sec 2.) 5-3-21
Section 5-3-22. Building work; exempt.
(a) A permit shall not be required for any of the following building work, provided no
electrical work or plumbing work is proposed:
(1) Installation and/or construction of:
(A) Awnings projecting up to four feet and attached to the exterior walls of
buildings of Group R-3 or U Occupancy; provided that the awnings do not
violate the provisions for “yards” in chapter 25 (zoning), Hawai‘i County
Code; or
(B) Cabinets or wall mounted shelving not affecting fire resistance or
structural members of walls for R-3 Occupancy and individual units of
R-1, R-2, and U Occupancies which are not regulated under cooking unit
clearances of the construction code. Cooking unit clearances refers to
clearances between cooking surfaces and combustible materials, including
but not limited to cabinets; or
(C) Detached decks or platforms that are less than thirty inches in height
above grade. Buildings cannot violate the provisions for “yards” in chapter
25 (zoning). Verify setback requirements with the planning department;
or
SUPP. 9 (1-2021)
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§ 5-3-22 H AWAI‘I C OUNTY C ODE
(D) Detached one-story accessory structures of U occupancy, used as a tool
shed, storage shed, greenhouse, gazebo, playhouse, animal shed, or for a
similar use, provided that:
(i) The structures are located on residential or agricultural zoned land;
(ii) In the case of accessory structures on residential zoned land, total
floor area does not exceed two hundred square feet and is not greater
than fifteen feet above finish grade;
(iii) In the case of accessory structures on agricultural zoned land, the
total floor area does not exceed one thousand square feet; and
(iv) The building is not located less than ten feet from the property line or
other structures; and does not violate the provisions for “yards” in
chapter 25 (zoning). Structures shall be limited as defined per
chapter 25; or
(E) Standard electroliers not over thirty-five feet in height above finish grade;
or
(F) Fences six feet or less in height; or
(G) Floor covering; or
(H) Playground equipment, excluding assembly or similar waiting areas; or
(I) Re-roofing work with like material and installation of siding to existing
exterior walls which will not affect the structural components of the walls
for Groups R-3 and U Occupancies; or
(J) Wallpaper or wall coverings which are exempted under the provisions of
section 801.1, Interior Finishes, chapter 8, IBC; or
(K) Water features and swimming pools less than twenty-four inches in
depth, for one and two-family dwelling units; or
(L) Wells and reservoirs pursuant to chapter 178, Hawai‘i Revised Statutes;
or
(M) Television and radio equipment (i.e. antenna, dishes) accessory to R-3
Occupancies. Supports or towers for television and radio equipment six
feet or less in height; or
(N) Air conditioners that are: in Residential R-3 Occupancy, window-
mounted, and do not impair emergency egress; or portable air
conditioning systems; or
(2) Installation and/or construction of temporary tents or other coverings used for
private family parties or for camping on approved campgrounds, in accordance
with article 4 (camping), and article 5 (picnics) of chapter 15; or
(3) Painting and decorating; or
(4) Repairs, excluding any installation or construction work otherwise exempted
in subsection (a), that involve only the replacement of component parts or
existing work with similar materials for the purpose of maintenance and do
not cost over $25,000 per structure in any twelve-month period, and do not
affect or modify any existing electrical or mechanical installations. Repairs
that cost over $25,000 per structure in any twelve-month period or that
include additions, changes, or modifications to construction or structures, exit
facilities, permanent fixtures, or equipment shall not be exempted from this
section; or
SUPP. 17 (1-2025)
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-3-22
(5) Replacement of solar water heating components (i.e. panels, tanks) in the
same location and of the same type; or
(6) Agricultural buildings, structures, and appurtenances exempt from building
permit and building code requirements pursuant to section 46-88, Hawai‘i
Revised Statutes; or
(7) Work located primarily in a public way, public utility towers, bridges, poles,
mechanical equipment not specifically regulated in the construction code, and
hydraulic flood control structures; or
(8) Work performed under the jurisdiction or control of the:
(A) State department of transportation at state harbors, pursuant to section
266-2, Hawai‘i Revised Statutes; or
(B) State department of accounting and general services.
(b) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any building work to be done in a manner contrary to other provisions of
the construction code; or
(2) Authorize violation of article 3, pertaining to other work, or of other applicable
laws.
(2020, ord 20-61, sec 2; am 2024, ord 24-93, sec 1.) 5-3-22
Section 5-3-23. Electrical work; exempt.
(a) A permit shall not be required for the following electrical work:
(1) Electrical work and installations to which the provisions of this chapter and
chapter 5D, the electrical code, are expressly declared to be not applicable.
(2) Existing electrical installations which complied with the applicable laws in
effect when the electrical work thereon was performed, provided that such
installations shall be subject to the provisions of section 5D-2-3.
(3) Installation of any portable motor or other portable appliance energized by
means of a cord or cable, having an attachment plug, if such cord or cable is
permitted by chapter 5D, the electrical code.
(4) Repair of any fixed motor, water heater, air conditioning controls, or other
appliance, or replacement of any fixed motor with another having the same
horsepower rating and situated at the same location.
(5) Replacement of receptacles and switches to tamper-resistant receptacles and
switches.
(6) Maintenance work by a licensed electrician pursuant to chapter 448E, Hawai‘i
Revised Statutes, provided, that maintenance work that involves or requires
the repair, replacement, or rearrangement of wiring does require a permit as it
is not included in this exemption.
(b) The provisions of the foregoing exemptions shall not apply to any repairs or
replacement of electrical devices, apparatus, or appliances which were originally
installed without a permit, when such permit is required for the original
installation, or when energized by or a part of any hazardous or illegal wiring
system.
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§ 5-3-23 H AWAI‘I C OUNTY C ODE
(c) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any electrical work to be done in a manner contrary to other provisions
of the construction code; or
(2) Authorize violation of chapter 5D, the electrical code, or other applicable laws.
(2020, ord 20-61, sec 2.) 5-3-23
Section 5-3-24. Plumbing work; exempt.
(a) A permit shall not be required for the following plumbing work:
(1) Plumbing work and installations to which the provisions of this chapter and
chapter 5F, the plumbing code, are expressly declared to be not applicable.
(2) Clearing stoppages or repairing leaks in pipes, valves, or fixtures, when such
repairs do not involve or require the replacement or rearrangement of valves,
pipes, or fixtures.
(3) Replacement or repair of disposals, faucets, and fixtures, to include sinks and
water closets, for non-commercial residential and County of Hawai‘i
government occupancies only. Repairs that involve or require the replacement
or rearrangement of valves or pipes do require a permit as they are not
included in this exemption. All repair or replacement work shall be done by
licensed plumbers in accordance with section 444, Hawai‘i Revised Statutes.
(4) Maintenance work by a licensed plumber pursuant to chapter 448E, Hawai‘i
Revised Statutes, provided, maintenance work that involves or requires the
repair, replacement, or rearrangement of valves or pipes requires a permit as
it is not included in this exemption.
(b) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any plumbing work to be done in a manner contrary to other provisions
of the construction code; or
(2) Authorize violation of chapter 5F, the plumbing code, or other applicable laws.
(2020, ord 20-61, sec 2.) 5-3-24
Section 5-3-25. Emergency work.
(a) Emergency work may commence in compliance with section 5-4-2, without a
permit. However, the applicant shall notify the authority having jurisdiction of
such emergency work on the workday immediately following the day the emergency
work is commenced. This notification shall be made in writing. An application for
a permit for the emergency work shall be filed with and appropriate fees, pursuant
to 5-7-3, paid to the authority having jurisdiction within fourteen days of the
commencement of the emergency work. The authority having jurisdiction may
grant one or more extensions of time for additional periods not exceeding fourteen
consecutive days each. Prior to the deadline, requests for extension shall be filed in
writing with the authority having jurisdiction, and demonstrate that circumstances
beyond the applicant’s control justify granting the extension request. This
provision shall pertain to the following types of work:
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(c) The authority having jurisdiction may grant one or more extensions of time for
additional periods not exceeding ninety consecutive days each, either at the request
of the applicant or at the discretion of the authority having jurisdiction. Requests
by the applicant for extension shall be filed in writing with the authority having
jurisdiction prior to one hundred eighty days after the date of submission.
(d) Restarting permit application.
If a permit application is abandoned and therefore withdrawn, the application
process must be restarted. In order to restart an application after it is abandoned
and therefore withdrawn, the applicant shall resubmit plans with alterations to
meet provisions of this code in effect at the time of resubmittal and pay a new plan
review fee.
(e) If an application is abandoned and therefore withdrawn, plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by
the authority having jurisdiction.
(2020, ord 20-61, sec 2; am 2023, ord 23-87, sec 2.) 5-4-7
Section 5-4-8. Applications made prior to subsequent changes in
applicable laws.
An applicant for a permit who has filed an application with the authority having
jurisdiction prior to the effective date of a subsequent change in applicable law shall be
required to obtain the permit no later than one hundred eighty consecutive days after
the effective date of such law. If the permit has not been obtained within one hundred
eighty consecutive days after the effective date of the subsequent law, the application
and plans shall comply with the requirements set forth in the subsequent law. Where
the subsequent law specifies a time period for obtaining a permit other than the one
hundred eighty-day period stated above, the time period specified in the subsequent law
shall govern.
(2020, ord 20-61, sec 2.) 5-4-8
Division 2. Pre-approval.
Section 5-4-21. Plans for dwellings; pre-approval.
(a) Plan pre-approval.
Plans for dwellings and multi-family dwellings may be pre-approved by the
authority having jurisdiction. The application process for a permit that is based on
plans for dwellings or multi-family dwellings that have been pre-approved and filed
with the authority having jurisdiction shall exclude the plan and specification
review required in sections 5-4-1 and 5-4-2. This exemption shall not apply to
reviews by other appropriate departments and divisions of the County and the
State required pursuant to section 5-4-5.
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§ 5-4-21 H AWAI‘I C OUNTY C ODE
(b) Pre-approved plans.
(1) Eligible plans shall have no limitation on size.
(2) Mirrored or reversed versions of previously approved plans, will be considered
to be separate and additional plans subject to paragraph (1) of this subsection.
(3) Any revisions to pre-approved plans will require resubmittal of the entire set
of revised plans and documents for approval. A proposed revision to an already
pre-approved plan will be considered to be a separate and additional plan
subject to paragraph (1) of this subsection.
(c) Application for plan pre-approval.
(1) To apply for pre-approval of a plan, complete working drawings and
specifications that bear the seal and signature of a person who is licensed in
the State of Hawai‘i as an architect or professional structural engineer shall be
submitted to the authority having jurisdiction.
(2) A plan review fee for pre-approved plans shall be assessed per plan in
accordance with section 5-7-2.
(d) The authority having jurisdiction shall approve the application, and assign a model
number to the pre-approved plan, if it finds that:
(1) The plans submitted for pre-approval conform with the requirements of the
construction code and with all other applicable laws; and
(2) The fees specified in section 5-7-2 have been paid.
(e) Expiration of plan pre-approval.
Pre-approved plans shall remain valid until a new edition of the building code is
adopted by the authority having jurisdiction.
(f) Owner/contractor application for permit.
(1) When applying for a permit with a pre-approved plan the owner/contractor
shall:
(A) Submit complete working drawings showing the pre-approved model
number along with the manufacturer’s seal and authorizing signature.
The authority having jurisdiction will verify the seal and signature.
(B) Pay the permit plan review fee pursuant to section 5-7-1.
(C) Obtain required approvals from other departments or agencies.
(2) Construction drawings for pre-approved plans, with the exception of the plot
plan and/or cover sheet will not be required to be individually stamped by a
person who is licensed in the State of Hawai‘i as an architect or professional
structural engineer in accordance with this chapter and chapter 464, Hawai‘i
Revised Statutes. The plot plan and/or cover sheet shall bear the same
architect or professional engineer’s seal and signature as submitted on the pre-
approved plan, pursuant to subsection (c)(1).
SUPP. 17 (1-2025)
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-4-21
(3) After the requisite approvals from other departments or agencies have been
obtained, the authority having jurisdiction will either approve the application
or inform the applicant of deficiencies in the application within six working
days after the authority having jurisdiction receives notice that all approvals
have been obtained.
(4) Once approved, the authority having jurisdiction shall issue the permit in
accordance with section 5-5-1.
(2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 11; am 2024, ord 24-45, sec 2.) 5-4-21
Article 5. Permits.
Section 5-5-1. Issuance.
(a) Permits shall be issued in such form and detail as shall be prescribed by the
authority having jurisdiction. They shall specify the geographical location of the
premises whereon the work authorized thereby is to be done, be valid only for the
location so specified, and be endorsed in writing or stamped on all sets of plans and
specifications “REVIEWED.”
(b) Once a permit is issued, plans and specifications shall not be changed, modified, or
altered without authorization from the authority having jurisdiction, and all work
shall be done in accordance with the approved plans.
(c) The authority having jurisdiction may issue a permit for the construction of part of
the building or structure before complete plans and specifications for the whole
building or structure have been submitted or approved, provided adequate
information and detailed statements have been submitted that are sufficient to
indicate compliance with all pertinent requirements of the construction code. The
holder of such permit shall proceed at the holder’s own risk, without assurance that
the permit for the entire building or structure will be granted.
(d) The issuance of a permit shall not prevent the authority having jurisdiction from
thereafter:
(1) Requiring the correction of errors in the plans and specifications;
(2) Revoking or suspending any permit when issued in error, on the basis of
incorrect information supplied, or in violation of the construction code, any
permit or variance issued pursuant to the construction code, or other
applicable law;
(3) Halting building operations when in violation of the construction code, any
permit or variance issued pursuant to the construction code, or other
applicable law;
(4) Preventing occupancy or use of a structure, when violations of the construction
code, any permit or variance issued pursuant to the construction code, or other
applicable law have occurred; or
(5) Initiating criminal enforcement and the imposition of penalties or fees, or
both, when authorized by the construction code or other applicable law.
(2020, ord 20-61, sec 2.) 5-5-1
SUPP. 17 (1-2025)
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§ 5-5-2 H AWAI‘I C OUNTY C ODE
Section 5-5-2. Posting.
Work requiring a permit shall not be commenced until the permit holder or their
agent shall have posted the permit in a conspicuous place on the job site. The permit
shall be readily visible for the authority having jurisdiction to identify and make all
required inspections. The permit shall remain posted in a conspicuous place on the job
site until the work has passed a final inspection by the authority having jurisdiction.
Failure to comply with this provision shall subject the violator to a $100 fine.
(2020, ord 20-61, sec 2.) 5-5-2
Section 5-5-3. Designation of person, contractor, or subcontractor
who will do work.
(a) No permit issued shall authorize any person or contractor to work upon any phase
of a building, structure, or project unless they have been specifically identified in
the permit application, including any attachment or amendments thereto, as the
contractor or subcontractor designated to do that particular phase of work.
(b) No permit shall be loaned to another by the person to whom it was issued.
(c) If subsequent to the issuance of a permit, a homeowner either ceases to employ the
owner-builder exemption and engages a contractor for any phase of work, or there
is a change in the designation of any contractor for any phase of work, the permit
holder shall file a written request to the authority having jurisdiction for approval
of these changes. The request shall include: the change in designation; a revised
declaration form for each contractor or subcontractor engaged to do electrical or
plumbing work upon the building, structure, or project; and a non-refundable fee
of $100.
(2020, ord 20-61, sec 2.) 5-5-3
Section 5-5-4. Expiration.
(a) All permits issued after August 17, 2020, shall expire, and become null and void six
years after the date of issuance of the permit.
(b) Upon expiration of a permit, all work shall cease and shall not be recommenced
until a new permit is obtained.
(c) If a permit expires prior to work being completed, an application for a new permit
shall be submitted.
(2020, ord 20-61, sec 2; am 2023, ord 23-87, sec 3.) 5-5-4
Section 5-5-5. Extension.
(a) An extension of a permit may be granted if the authority having jurisdiction finds
that circumstances beyond the permit holder’s control have significantly impeded
the progress of the construction project, that construction is substantially complete,
and that an extension is justified.
SUPP. 15 (1-2024)
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-6-2
Section 5-6-2. Eligibility to perform work.
(a) Except as otherwise provided in this section, work regulated by the construction
code shall be performed only by:
(1) A contractor licensed pursuant to chapter 444, Hawai‘i Revised Statutes; or
(2) An “owner-builder” pursuant to section 444-2.5, Hawai‘i Revised Statutes.
(b) Electrical work regulated by the construction code, and specifically chapter 5D, the
electrical code, shall be performed only by:
(1) A journey worker electrician, journey worker specialty electrician, supervising
electrician, or supervising specialty electrician license licensed pursuant to
chapter 448E, Hawai‘i Revised Statutes; or
(2) A homeowner for electrical work on a single-family dwelling which the
homeowner will personally occupy and use exclusively for living purposes,
provided the homeowner is a journey worker electrician, journey worker
specialty electrician, supervising electrician, or supervising specialty
electrician licensed pursuant to chapter 448E, Hawai‘i Revised Statutes.
(c) Plumbing work regulated by the construction code, and specifically chapter 5F, the
plumbing code, shall be performed only by:
(1) A master plumber or journey worker plumber licensed pursuant to chapter
448E, Hawai‘i Revised Statutes; or
(2) A homeowner for plumbing work on a single-family dwelling which the
homeowner will personally occupy and use exclusively for living purposes,
provided the homeowner is a master plumber or journey worker plumber
licensed pursuant to chapter 448E, Hawai‘i Revised Statutes.
(d) No person shall allow any other person to do or cause to be done any work under a
permit except individuals employed by the permit holder.
(2020, ord 20-61, sec 2.) 5-6-2
Article 7. Fees.
Section 5-7-1. Permit plan review; general.
(a) A fee shall be assessed for plan reviews. The fee shall be in the amount of twenty
percent of the permit fee, with a minimum fee of $50 and shall accompany the
application, plans, and specifications that are filed for review pursuant to section
5-4-1. Plan review fees shall be assessed in addition to the permit fee.
(b) No additional plan review fee will be assessed for a second submittal. Plan review
fees for subsequent submittals shall be: $250 for a third submittal; $500 for a
fourth submittal; and $1,000 for each additional submittal.
(c) A fee shall be assessed for plan reviews resulting from revisions of permits that
have already been issued, where a new permit is not required. The fee shall be in
the amount of twenty percent of the original permit fee, or $50, whichever is
greater.
(2020, ord 20-61, sec 2.) 5-7-1
SUPP. 9 (1-2021)
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§ 5-7-2 H AWAI‘I C OUNTY C ODE
Section 5-7-2. Plan review fee for pre-approved plans.
Each pre-approved plan shall be subject to a plan review fee based on the schedule
below.
PLAN REVIEW FEE FOR PRE-APPROVED PLANS
CategoryFees
A.Plans with enclosed roof coverage of 1,100 sq. ft. or less.$150
B. Plans with enclosed roof coverage of 1,101 sq. ft. up to $200
1,400 sq. ft.
$20 per 100 sq. ft.
C. Plans with enclosed roof coverage of 1,401 sq. ft. or more.
or fraction thereof
(2020, ord 20-61, sec 2; am 2024, ord 24-45, sec 3.)5-7-2
Section 5-7-3. Permit.
(a) A fee shall be assessed for each permit. The fee shall be submitted at the time of
permit issuance. A permit shall not be valid until the fees prescribed by law have
been paid, nor shall an amendment to a permit be released until any applicable
additional fee, has been paid.
(b) Fee schedule.
Permit fees shall be based on a schedule of fees applied to a valuation of average
construction costs and shall be imposed in the amounts set out in the following
table:
Intentionally left blank.
SUPP. 17 (1-2025)
5-30
CHAPTER 6
BUSINESSES
Article 1. Cemeteries.
Section 6-1.Prohibition.
Section 6-2.Application.
Section 6-3.Referral to planning commission.
Section 6-4.Other requirements.
Section 6-5.Penalty.
Section 6-6.County plots; fee; dimensions.
Section 6-7.Cemetery fund.
Article 2. Commercial Bicycle Tours.
Section 6-8.Definitions.
Section 6-9.Applicability.
Section 6-10. Annual registration.
Section 6-11. Authority to restrict.
Section 6-12. Prohibited highways for commercial bicycle tours.
Section 6-13. Penalties.
Section 6-14. Disposition of funds.
Section 6-15. Administrative rules.
Section 6-16. Repealed.
Section 6-17. Repealed.
Section 6-18. Repealed.
Section 6-19. Repealed.
Section 6-20. Repealed.
Section 6-21. Repealed.
Section 6-22. Repealed.
Section 6-23. Repealed.
Section 6-24. Repealed.
Article 3. Mobile Homes.
Section 6-25. Definitions.
Section 6-26. License.
Section 6-27. License application; initial; transfer.
Section 6-28. Conformity with other laws.
SUPP. 17 (1-2025)
i
Article 4. Miscellaneous Business Licenses.
Section 6-29. County business licenses.
Section 6-30. Elimination of business licenses.
Article 5. Licensing of Auctioneers.
Section 6-31. Purpose.
Section 6-32. Definitions.
Section 6-33. Exceptions.
Section 6-34. Applicability.
Section 6-35. Fee.
Section 6-36.Authority to conduct auctions.
Section 6-37.Adverse interest of auctioneer prohibited.
Section 6-38. Receipts to purchasers required.
Section 6-39. Violation - penalty.
ii
B USINESSES § 6-1
CHAPTER 6
BUSINESSES
Article 1. Cemeteries.
Section 6-1. Prohibition.
No cemetery shall be established, nor shall the area of any existing cemetery be
enlarged or extended without the approval of the council, evidenced by a resolution.
(1983 CC, c 6, art 1, sec 6-1.) 6-1
Section 6-2. Application.
(a) Any person requesting that the council pass a resolution establishing, enlarging or
extending a cemetery shall submit with the person’s application:
(1) A certificate of approval by the State department of health of the proposed
cemetery site or extension as evidence of compliance with its regulations.
(2) A complete description of the land included within the proposed cemetery site
or extension.
(3) A map or plan showing the proposed project.
(4) Evidence of approval relative to noncontamination of water services by the
department of water supply.
(5) A deposit of $100 to cover cost of publication of notices and other expenses that
may be incurred in connection with the application.
(6) An abstract or certificate of title of the proposed cemetery site or extension.
(1983 CC, c 6, art 1, sec 6-2.)6-2
Section 6-3. Referral to planning commission.
Before final action is taken by the council, the application and related maps and
documents will be referred to either the windward or leeward planning commission, or
both acting jointly, as provided in the Charter. The designated planning commission, or
joint commission, shall:
(1) Study the proposed project in relation to any zoning ordinances, statutes,
general plan, and policies and rules and regulations of the planning
commission.
(2) Conduct a public hearing on the application, pursuant to provisions governing
public hearings under this Code.
(3) Submit its recommendation to the council.
(1983 CC, c 6, art 1, sec 6-3; am 2009, ord 09-118, sec 13.)6-3
6-1
§ 6-4 H AWAI‘I C OUNTY C ODE
Section 6-4. Other requirements.
No cemetery shall be located on land which is not owned in fee simple. The section
of a proposed location which is set aside for interment shall be free of any financial
encumbrance. After the approval of a proposed location, it shall be unlawful to
encumber any section thereof which is set aside for interment. Lands which are
transferred to the County by State executive order for the establishment, enlargement,
or extension of any cemetery shall be exempt from the conditions of this section.
(1983 CC, c 6, art 1, sec 6-4.)6-4
Section 6-5. Penalty.
Any person convicted of violating sections 6-1 and 6-4 of this article shall be
punished by a fine not exceeding $500.
(1983 CC, c 6, art 1, sec 6-5.)6-5
Section 6-6. County plots; fee; dimensions.
For each County owned cemetery plot sold at the Alae Cemetery, the director of the
department of parks and recreation of the County shall collect a fee established by duly
promulgated rules of the department, exclusive of the cost of digging and covering the
plot. Each cemetery plot shall not exceed nine feet in length and four feet in width.
(1983 CC, c 6, art 1, sec 6-6; am 1996, ord 96-22, sec 2.) 6-6
Section 6-7. Cemetery fund.
The moneys collected under section 6-6 shall be deposited with the County finance
director in a cemetery fund. All moneys deposited in the cemetery fund shall be
expended for the improvement, maintenance, and upkeep of Alae Cemetery.
(1983 CC, c 6, art 1, sec 6-7.)6-7
Article 2. Commercial Bicycle Tours.
Section 6-8. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-8; rep 2023, ord 23-29, sec 1.)6-8
Section 6-8. Definitions.
As used in this article, unless the context clearly requires otherwise:
“Bicycle” means the same as defined in Chapter 291C-1, Hawai‘i Revised Statutes.
“Business” means the same as defined in Chapter 1 of this Code.
“Commercial bicycle tour” means a tour comprised of a group of persons traveling
from place to place on bicycles for pleasure, recreation, and sightseeing, and is operated
by a bicycle tour business. “Commercial bicycle tour” shall include guided bicycle tours
and unguided bicycle tours.
“Guided bicycle tour” means a commercial bicycle tour that is accompanied or led
by the owner, an employee, or an agent of the bicycle tour business providing the bicycle
tour for the duration of the tour.
SUPP. 17 (1-2025)
6-2
B USINESSES § 6-8
“Public highway” means the same as defined in Chapter 264, Hawai‘i Revised
Statutes.
“Unguided bicycle tour” means a commercial bicycle tour that is not accompanied or
led by the owner, an employee, or an agent of the bicycle tour business throughout the
ride, and in which transportation to or from the route is provided or arranged by the
bicycle tour business.
(2024, ord 24-51, sec 2.)6-8
Section 6-9. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-9; rep 2023, ord 23-29, sec 1.)6-9
Section 6-9. Applicability.
This article shall apply to all commercial bicycle tours on any public highway, or
any designated portion thereof.
(2024, ord 24-51, sec 2.)6-9
Section 6-10. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-10; rep 2023, ord 23-29, sec 1.)6-10
Section 6-10. Annual registration.
(a) Prior to the first day of each January, any business or person operating a
commercial bicycle tour in the County shall register or renew annually with the
director of finance, which registration shall be made in such form as prescribed by
the director of finance and shall include:
(1) The name, business address, mailing address, phone number, and e-mail of
the registrant;
(2) The name and contact information of any representatives authorized to act on
behalf of the registrant;
(3) Locations, areas, and routes to the utilized for bicycle tours, tour schedule, and
the maximum number of participants per tour group;
(4) Written and notarized permission from any property owner whose property
the commercial bicycle tour traverses; and
(5) A description of all moveable structures, including trailers or mobile
containers, used in conjunction with the bicycle tour business.
(b) A registration fee shall accompany the annual registration, which shall be $500 for
the initial registration and $250 for each annual renewal. Failure to register shall
incur a fine of $1,000.
(2024, ord 24-51, sec 2.)6-10
Section 6-11. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-11; rep 2023, ord 23-29, sec 1.)6-11
SUPP. 17 (1-2025)
6-2.1
§ 6-11 H AWAI‘I C OUNTY C ODE
Section 6-11. Authority to restrict.
(a) The council may by ordinance prohibit commercial bicycle tours on designated
portions of public highways due to substandard road conditions.
(b) Prior to taking final action on any such ordinance, the council shall request the
respective recommendations of the chief of police, the director of public works, and
other public officials deemed appropriate as to whether the operation of commercial
bicycle tours on the affected highways, or portions thereof, should be prohibited.
The chief of police and director of public works shall provide their respective
recommendation within forty-five days of the request by the council.
(c) With respect to any prohibition considered by the council, conditions considered
substandard for non-vehicle use may include unpaved gravel road surfaces, narrow
travel-lane pavement widths, lack of or insufficient shoulder areas, limited lines of
sight, one-lane bridges, steep roadway grades, and any other condition deemed
unsafe by the director of public works.
(2024, ord 24-51, sec 2.)6-11
Section 6-12. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-12; rep 2023, ord 23-29, sec 1.)6-12
Section 6-12. Prohibited highways for commercial bicycle tours.
In accordance with section 6-11 and when signs are erected giving notice thereof,
commercial bicycle tours shall not operate on the following public highways:
(a)
(b) North Hilo
(c) South Hilo
(e) Kohala
Akoni Pule Highway, from the twenty-five mile marker to its terminus
Kohala Mountain Road, from the junction with Route 250 and Route 19,
(f) Kona
(g) Puna
(2024, ord 24-51, sec 2; ord 24-98, sec 1.)6-12
SUPP. 17 (1-2025)
6-2.2
B USINESSES § 6-13
Section 6-13. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-13; rep 2023, ord 23-29, sec 1.)6-13
Section 6-13. Penalties.
Any bicycle tour business that operates a commercial bicycle tour on a prohibited
highway shall be subject to:
(1) A fine of not more than $500 for the first offense; and
(2) A fine of not less than $1,000 per bicycle for the second or subsequent offense
committed within one year of the date of the first offense.
(2024, ord 24-51, sec 2.)6-13
Section 6-14. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-14; rep 2023, ord 23-29, sec 1.)6-14
Section 6-14. Disposition of funds.
All monies collected under this article shall be deposited into the general fund and
used exclusively for supporting bicycle and pedestrian safety education.
(2024, ord 24-51, sec 2.)6-14
Section 6-15. \[Former\] Repealed.
(1983 CC, c 6, art 2, sec 6-15; rep 2023, ord 23-29, sec 1.)6-15
Section 6-15. Administrative rules.
The director of finance may adopt administrative rules pursuant to chapter 91,
Hawaii Revised Statutes, as may be necessary to implement this article.
(2024, ord 24-51, sec 2.)6-15
Section 6-16. Repealed.
(1983 CC, c 6, art 2, sec 6-16; rep 2023, ord 23-29, sec 1.)6-16
Section 6-17. Repealed.
(1983 CC, c 6, art 2, sec 6-17; rep 2023, ord 23-29, sec 1.)6-17
Section 6-18. Repealed.
(1983 CC, c 6, art 2, sec 6-18; rep 2023, ord 23-29, sec 1.)6-18
Section 6-19. Repealed.
(1983 CC, c 6, art 2, sec 6-19; rep 2023, ord 23-29, sec 1.)6-19
Section 6-20. Repealed.
(1983 CC, c 6, art 2, sec 6-20; rep 2023, ord 23-29, sec 1.)6-20
Section 6-21. Repealed.
(1983 CC, c 6, art 2, sec 6-21; rep 2023, ord 23-29, sec 1.)6-21
SUPP. 17 (1-2025)
6-2.3
§ 6-22 H AWAI‘I C OUNTY C ODE
Section 6-22. Repealed.
(1983 CC, c 6, art 2, sec 6-22; rep 2023, ord 23-29, sec 1.)6-22
Section 6-23. Repealed.
(1983 CC, c 6, art 2, sec 6-23; rep 2023, ord 23-29, sec 1.)6-23
Section 6-24. Repealed.
(1983 CC, c 6, art 2, sec 6-24; rep 2023, ord 23-29, sec 1.)6-24
SUPP. 17 (1-2025)
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B USINESSES
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SUPP. 17 (1-2025)
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§ 6-25 H AWAI‘I C OUNTY C ODE
Article 3. Mobile Homes.
Section 6-25. Definitions.
(1) “Mobile home” means any vehicle or similar portable structure having no
foundation other than wheels, jacks or blocks and so designed or constructed
as to permit occupancy for dwelling or sleeping purposes.
(2) “Mobile home park” means any plot of ground upon which two or more mobile
homes occupied for dwelling or sleeping purposes are located regardless of
whether or not a charge is made for such accommodation.
(3) “Persons” means any natural individual, firm, trust, partnership, association
or corporation.
(1983 CC, c 6, art 3, sec 6-25.) 6-25
Section 6-26. License.
It shall be unlawful for any person to maintain or operate a mobile home park
within the County, unless such person first obtains a license.
(1983 CC, c 6, art 3, sec 6-26.)6-26
Section 6-27. License application; initial; transfer.
(a) Application for an initial mobile home park license shall be filed with and issued by
either the windward or leeward planning commission, or both acting jointly, as
provided in the Charter. The application shall be in writing, signed by the applicant
and shall include the following:
(1) The name and address of the applicant;
(2) The location and legal description of the mobile home park; and
(3) Such further information as may be requested by the designated planning
commission, or joint commission, to enable it to determine if the proposed park
will be compatible with existing and proposed land uses and complies with all
legal requirements.
(b) If the applicant is of good moral character, and the proposed mobile home park will,
when constructed or altered in accordance with such plans and specifications, be in
compliance with all provisions of this article and all other applicable statutes,
ordinances, and regulations, the designated planning commission, or joint
commission, may approve the application, and upon completion of the park
according to the plans shall issue the license. A ruling by the joint commission shall
require the affirmative vote of a majority of the combined membership of both
commissions.
(c) Upon application in writing for transfer of a license, the designated planning
commission, or joint commission, shall issue a transfer if the transferee is of good
moral character.
(1983 CC, c 6, art 3, sec 6-27; am 2009, ord 09-118, sec 14.)6-27
SUPP. 14 (7-2023)
6-4
G ENERAL W ELFARE § 14-40.1
(b) Any person violating this provision shall be punished, upon conviction, by a fine not
exceeding $1,000 or by imprisonment not to exceed ninety days, or both. In addition
to the penalties provided herein, the County may recover for damages to its
property, the measure of which shall be the cost of repairing, replacing, or
rebuilding the property injured or destroyed.
(1986, ord 86-99, sec 2.)14-40.1
Article 7. Radio Interference.
Section 14-41. Scope of article.
This article shall not be held or construed to embrace or cover the regulation of any
transmitting, broadcasting or receiving instrument, apparatus or device used or useful
in interstate commerce or the operation of which instrument, apparatus or device is
licensed or authorized by or under the provisions of any act of the Congress of the
United States.
(1983 CC, c 14, art 7, sec 14-41.)14-41
Section 14-42. Operation of device causing electrical interference
prohibited.
(a) No person shall knowingly or wantonly operate or cause to be operated, any
machine, device, apparatus or instrument of any kind whatsoever within the
County between the hours of 6:00 a.m. and 12:00 p.m., the operation of which shall
cause reasonably preventable electrical interference with radio reception within the
County.
(b) X-ray pictures, examinations or treatments may be made at any time if the
machines or apparatus used therefor are properly equipped to avoid all
unnecessary or reasonably preventable interference with radio reception and are
not negligently operated.
(1983 CC, c 14, art 7, sec 14-42.)14-42
Section 14-43. Penalty.
Any person violating the provisions of this article shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not more than
$100. Each day shall constitute a separate offense during which such violation
continues.
(1983 CC, c 14, art 7, sec 14-43.)14-43
SUPP. 13 (1-2023)
14-19.2
§ 14-44 H AWAI‘I C OUNTY C ODE
Article 8. Nuclear Energy.
Section 14-44. Purpose.
The purpose of this article is to maintain a clean and healthy environment for
present and future generations in the County, to protect the health and safety of the
residents of the County from radiation exposure resulting from dangers of accidents
involving the transportation or storage of nuclear materials or the development of
nuclear reactors, and to protect the general health, safety, comfort and welfare of the
citizens of the County.
14-44
(1983 CC, c 14, art 8, sec 14-44; am 1984, ord 84-39, sec 1; am 2024, ord 24-96, sec 3.)
Section 14-45. Definitions.
(a) As used in this article, unless the context clearly requires otherwise:
(1) “Person” means any individual, firm, partnership, association, corporation,
company, governmental entity or department thereof, or organization of any
kind.
(2) “Store” means to hold for any period.
(3) “Transport” means the transportation by any mode, including but not limited
to rail, highway, waterway or air.
(4) “Radioactive material or substance” means any material or combination of
materials which spontaneously emits ionizing radiation and includes, but is
not limited to accelerator-produced isotopes and by-product materials.
(5) The term “radioactive material or substance” shall include:
(A) All materials which enter into or are produced as part of the nuclear fuel
cycle, including milled uranium ore, fissile material, and all fission by-
products.
(B) Any quantity of radioactive material specified as a “large quantity” by
the Nuclear Regulatory Commission in 10 CFR, part 71.
(C) Any quantity of radioactive waste, including nonradioactive material
contaminated with radioactive material, which has been produced as
part of the nuclear fuel cycle.
(6) For the purposes of this article, the term “radioactive material or substance”
shall not include:
(A) Radiation sources or materials employed in therapeutic radiology, in
biomedical research, or in educational endeavors, or medical devices
designed for individual application (as for example cardiac pacemakers)
or commercial devices, processes, or facilities, as approved by the
appropriate regulatory and licensing agencies.
(1983 CC, c 14, art 8, sec 14-45.)14-45
SUPP. 17 (1-2025)
14-20
P ARKS AND R ECREATION § 15-68.1
PARKS (continued)
Puna
A.J. Watt Gym1-8-002:049
Glenwood Park 1-8-009:023
Hawaiian Beaches Park 1-5-067:035; 1-5-083:037
Herbert Shipman Park 1-6-003:007 (Por.), 058, 086
(1)Buddy Perry Soccer Field
(2)Keaau Armory
Isaac Kepo‘okalani Hale Beach Park1-3-008:014, 016, 021, 033; 1-4-093:048
Kea‘au Community Center 1-6-143:041
Kurtistown Park 1-7-003:019
Mountain View Park 1-8-004:030
William “Billy” Kenoi District Park1-5-002:020
(1) Ginny Aste Skate Park
(2)
(3)
(4)
(5) Howard Sanoria Ballfields
Volcano Park 1-9-003:017
Waiakahiula Beach Park 1-5-063:001
SUPP. 17 (1-2025)
15-26.3
§ 15-68.1 H AWAI‘I C OUNTY C ODE
CEMETERIES
North Hilo
3-5-005:007
Piha Cemetery3-2-002:030
South Hilo
‘Alae Cemetery2-6-012:010, 043, 048
Veterans Cemetery No. 1 2-3-017:010
Veterans Cemetery No. 2 2-3-020:007; 2-3-020:020
Uka Cemetery 2-4-003:012
Kaapahu Cemetery4-4-011:065
4-2-004:001
Kukuihaele Cemetery 4-8-006:014
Pa‘alaea Cemetery (Honoka‘a) 4-5-006:002 (Por.)
9-5-008:026
Waihinu Cemetery 9-5-003:053
Kohala
Aamakoa Cemetery 5-2-007:003
5-5-011:001
Waimea Cemetery 6-5-004:001, 007
Kona
7-5-011:006
West Hawai‘i Veterans Cemetery-Pu‘u 7-2-004:021
Komohana
SUPP. 14 (7-2023)
15-26.4
P ARKS AND R ECREATION § 15-68.1
CEMETERIES (continued)
Puna
Kaimu Cemetery1-2-006:036
Kehena Cemetery 1-2-009:023
Malama Cemetery1-3-007:002, 003
(2000, ord00-15, sec2; ord00-66, sec2; ord00-113, secs1 and 2; am2002, ord02-58,
sec 2; am 2003, ord 03-99, sec 2; ord 03-135, sec 2; am 2004, ord 04-79, sec 2; am 2005,
ord 05-40, sec 2; ord 05-96, sec 2; am 2006, ord 06-127, sec 2; ord 06-149, sec 3; am
2007, ord 07-22, sec 4; am 2008, ord 08-7 sec 5; ord 08-22, sec 2; ord 08-35, sec 2; ord
08-121, sec 2; ord 08-142, sec 2; am 2009, ord 09-32, sec 3; am 2010, ord 10-11, sec 3; am
2011, ord 11-90, sec 3; am 2012, ord 12-164, sec 2; am 2014, ord 14-57, sec 2; am 2015,
ord 15-60, sec 4; am 2016, ord 16-111, sec 2; ord 16-112, sec 2; ord. 16-113, sec 4; am
2017, ord 17-61, sec 2; am 2018, ord 18-2, sec 2; ord 18-20, sec 3; ord 18-21, sec 2; ord
18-22, sec 2; ord 18-44, sec 2; ord 18-61, sec 2; ord 18-83, sec 2; am 2019, ord 19-43,
sec 2; am 2020, ord 20-59, sec 2; am 2021, ord 21-3, sec 2; am 2022, ord 22-9, sec 3; ord
22-115, sec 3; am 2023, ord 23-14, sec 2; am 2024, ord 24-3, sec 3; ord 24-23, sec 3; ord
24-81, sec 3.)15-68.1
SUPP. 17 (1-2025)
15-26.5
H AWAI‘I C OUNTY C ODE
This page intentionally left blank.
SUPP. 14 (7-2023)
15-26.6
P ARKS AND R ECREATION §15-69
Article 9. Farmers Markets.
Section 15-69. Intent.
It is the intent of this article to allow for the establishment of farmers markets at
various County parks and facilities. Farmers markets will offer the general public the
opportunity to buy and sell homegrown and homemade products and wares.
(1993, ord 93-97, sec 1.)15-69
Section 15-70. Director to establish time limits.
The director may establish reasonable limitations on the duration and frequency of
any farmers market activities that may be allowed.
(1993, ord 93-97, sec 1.)15-70
Section 15-71. Site map.
The department may apportion and/or delineate the area within the County park
as the facility where the farmers market activity is allowed. The department shall
provide a map of the farmers market site clearly delineating all farmers market spaces
reserved for the exclusive use of any person granted a permit.
(1993, ord 93-97, sec 1.)15-71
Section 15-72. Farmers market facility schedule.
Farmers markets at County parks and facilities shall be designated by ordinance
and included within the following schedule:
FARMERS MARKETS
Hakalau Veterans Park
Honokaa Sports Complex
Ho‘olulu Complex
Mo‘oheau Park
Pepe‘ekeo Community Center
Pahala Community Center
Kohala
Kamehameha Park
Waimea Park
SUPP. 17 (1-2025)
15-27
§ 15-72 H AWAI‘I C OUNTY C ODE
Kona
Hnaunau Rodeo Arena
Kailua Park
Puna
Kea‘au Community Center
Volcano Park
Waiakahi‘ula Beach Park
William “Billy” Kenoi District Park
(1993, ord 93-97, sec 1; am 2017, ord 17-54, sec 1; am 2018, ord 18-22, sec 3; ord 18-56,
sec 1; am 2022, ord 22-23, sec 1; am 2024, ord 24-58, sec 2.)15-72
Section 15-73. Permit; fee.
(a) All responsible persons, eighteen years of age or older, shall be allowed to secure a
permit on their own to sell their products and wares grown, produced or made on
the island of Hawai‘i in any of the designated farmers market sites subject to
policies, rules and regulations established by the director. Permits shall be issued
on a first-come, first-served basis and shall be based upon a fee of $5 per day. Each
permit shall identify the permittee, the specific market space and site and the
date(s) of said permit.
(b) No permit shall be issued for more than five consecutive days, nor shall any person
be granted a permit for more than fifteen days in any given calendar month. The
holder of a farmers market permit shall, upon request, show the permit to any law
enforcement officer, park caretaker, or any personnel of the department or any
administrator or manager contracted by the department therefor.
(c) Permit fees may be used by the department to enter into an agreement with a
nonprofit organization to administer and manage a farmers market program
and/or site.
(1993, ord 93-97, sec 1; am 2017, ord 17-54, sec 2.)15-73
SUPP. 17 (1-2025)
15-27.1
P LANNING § 16-1
CHAPTER 16
PLANNING
Article 1. General Plan.
Section 16-1. The County of Hawai‘i general plan.
(a) That certain planning code known and designated as “County of Hawai‘i general
plan,” as adopted on December 5, 1971, by the council of the County of Hawai‘i, is
hereby adopted by reference, subject to later amendments by ordinance, and may
be cited as the “general plan.”
(b) A copy of the general plan and amendments shall be available for public inspection
at the planning department.
(1983 CC, c 16, sec 16-1; am 2006, ord 06-153, sec 1; am 2007, ord 07-70, secs 2, 3 and 4;
am 2008, ord 08-98, sec 2; am 2009, ord 09-150, sec 2, ord 09-161, secs 1, 2, 3 and 4.)16-1
Article 2. Community Development Plans.
Section 16-2. Adoption of community development plans.
The community development plans listed below are adopted and incorporated by
reference. A copy of the plans and amendments shall be available for public inspection
at the planning department.
Plan” is adopted by reference, subject to later amendments by ordinance, and may be
the County of Hawai‘i.
the County of Hawai‘i. Eastern portions of the district near and including Volcano
Village were included in the Puna CDP planning area and were, therefore, not
Development Plan Volume 1” is adopted by reference subject to later amendments by
en
Development Plan” is adopted by reference subject to later amendments by ordinance,
PUNA. The document identified as “Puna Community Development Plan” is
adopted by reference subject to later amendments by ordinance, and may be cited as the
“Puna CDP.” The planning area for the Puna CDP encompasses the judicial district of
Puna and the Volcano Census Designated Place that includes the Volcano Golf Course
subdivision in the district of .
SUPP. 5 (1-2019)
16-1
§ 16-2 H AWAI‘I CC
Community
Development Plan” is adopted by reference subject to later amendments by ordinance,
(2008, ord 08-98, sec 3; am 2008, ord 08-116, sec 2; ord 08-131, sec 2; ord 08-151, sec 2;
am 2008, ord 08-159, sec 2; am 2017, ord 17-66, sec 2; am 2018, ord 18-78, sec 2.) 16-2
Section 16-3. Review and amendment.
A comprehensive review of the community development plans shall commence
within ten years from the date of adoption.
(2008, ord 08-98, sec 3.) 16-3
Article 3. CDP Action Committees.
Section 16-4. CDP action committees.
(a) A community development plan (CDP) action committee shall succeed each CDP
steering committee upon adoption of a community development plan.
(b) The purpose of the CDP action committee is to be a proactive, community-based
steward of the plan’s implementation and update.
(c) The planning department shall administer the CDP action committees and be
responsible for developing a selection process for committee members and
establishing rules of procedure, as needed.
(2008, ord 08-98, sec 4.) 16-4
Section 16-5. Membership and tenure.
(a) The CDP action committee shall consist of nine members. All members shall have a
principal residence in the area covered by the CDP. The determination of “principal
residence” shall be in accordance with criteria described in chapter 19, section 19-
71(e) of this Code, however, there is no requirement that a member own property.
The members shall be appointed by the mayor and approved by the County council.
Prior service as a member of a CDP steering committee shall not disqualify an
individual from serving on the CDP action committee.
(b) The members shall serve staggered terms of four years. Upon the initial
appointment of the committee, three members shall serve for a term of two years,
three members for a term of three years, and three members for a term of four
years. When the term of a member expires, the member may, at the discretion of
the member, continue to serve until a successor is appointed. Members whose terms
expire may not be reappointed for at least two years, however, members appointed
for one year or less may be reappointed for an additional term without the passage
of two years’ time. Existing vacant positions shall be filled before filling any
position occupied by a member whose term has expired but who is willing to
continue serving until their position is filled.
(c) The membership should reflect a broad cross-section of the community. The
community development plan may specify more detailed selection criteria
consistent with this objective.
(d) A chairperson shall be elected from its membership annually.
(e) Except as provided for in this section, the committee shall be governed by the
County Charter, section 13-4.
(2008, ord 08-98, sec 4; am 2016, ord 16-77, sec 2; am 2024, ord 24-62, sec 1.) 16-5
SUPP.17 (1-2025)
16-2
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 17 (1-2025)
Contains ordinances effective through: 12-31-2024
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume Two
R EAL P ROPERTY T AXES § 19-1
CHAPTER 19
REAL PROPERTY TAXES
Article 1. Administration.
Section 19-1. Purpose.
The purpose of this chapter is to implement the authority granted to the County to
assess, impose and collect real property tax based on an amendment to the State
constitution which was adopted on November 7, 1978, by the electorate. This chapter
will provide for the administration, assessment, and collection of real property tax,
including exemptions therefrom, dedication of land, and appeals.
(1983 CC, c 19, art 1, sec 19-1; am 1997, ord 97-84, sec 1.)19-1
Section 19-2. Definitions.
Wherever used in this chapter:
“Accessory dwelling unit” means a structure or portion thereof designed and used
for single-family residential purposes as permitted under chapter 25, article 6, division
3 of this Code, and which can be detached from or attached to an existing residence, to
be used for single-family occupancy and containing one kitchen.
“Affordable rental housing” means a residential unit where the rental cost does not
exceed the affordable rental rate.
“Affordable rental rate” is a monthly rent not to exceed seventy-five percent of the
Payment Standards as established by the office of housing and community development
as of the first of January each year.
“Agriculture use value” means the productivity value for assessment purposes
determined for lands being put to any agricultural use.
“Certification of rental rate” means the sworn statement of the parcel owner
attesting under penalty of law the rental rate that the land owner will charge and
maintain for all renters on that parcel for that calendar year.
“Commercial agricultural activities” shall mean farm operations, that may include
multiple parcels that need not be contiguous, that generate income, monetary gain, or
economic benefit in the form of money or money’s worth of a minimum $2,000 annual
gross income per farm operation or adhere to generally accepted standards or
recognized practices within that agricultural industry.
“Commercially viable agricultural operation” shall mean an agricultural business
or service with the ability to compete effectively and to make a profit, either without
subsidies or with reliable, long-term subsidies as demonstrated by an analysis of
comparable practices within the area of operation under comparable conditions.
“Community food sustainability use” means the present use of agricultural or
residential and agricultural zoned land on a continuous and regular basis that
demonstrates the owner is engaged in agricultural activities to provide food to the
community, including:
(1) Intensive agriculture;
(2) Orchards;
(3) Diversified agriculture; or
(4) Pasture for food production.
SUPP. 17 (1-2025)
19-1
§ 19-2 H AWAI‘I C OUNTY C ODE
“Continuous and regular basis” shall be evidenced by the recurring planting,
cultivation and harvesting of crops or ongoing animal husbandry or aquaculture
activities that adhere to generally accepted standards or recognized practices within
that agricultural industry.
“County” means the County of Hawai‘i.
“Date of classification” means July 1 of the tax year for which such classification is
claimed.
“Dedicated lands” are lands which are restricted in their use for specified periods of
time by covenants executed between the landowners and the director of finance as
provided by this chapter.
“Director” means the director of finance of the County of Hawai‘i or the director’s
authorized representative.
“Diversified agriculture” means a blend of agricultural activities while transitioning
from one category to the other during the term of the dedication or on a continuous and
regular basis.
“Duplex” and “double-family dwelling” means a building containing only two
dwelling units.
“Dwelling unit” means one or more rooms designed for or containing or used as the
complete facilities for the cooking, sleeping, and living area of a single-family only and
occupied by no more than one family and containing a single kitchen.
“Farm dwelling” means a single-family dwelling located on and used in direct
connection with a farm, or where the agricultural activity provides income to the
occupant(s) of the dwelling. A farm dwelling includes employee housing for that farm.
“Farm equipment” means machinery, implements, and tools used exclusively and
directly for farming or ranching operations.
“Farm plan” means an agricultural business plan, in a form prescribed by the
director, that describes the agricultural practices of a commercially viable agricultural
operation, all relevant tax map key numbers, and a financial projection.
“Feed crops and fast rotation forestry” includes, but is not limited to, such crops as
forage, seed, cane, rice, and biomass grasses.
“Fertilizers” means a natural or synthetic material added to the soil to supply plant
nutrients.
“Intensive agriculture” includes, but is not limited to, such crops as vegetables,
ginger, taro, herbs, nurseries, foliage, cut and potted flowers, piggeries, dairy, poultry,
feedlots, aquaculture, honey and honey bees.
“Long-term commercial agricultural use dedication” means the use of land on a
continuous and regular basis for a minimum of ten years that demonstrates the owner
is engaged in commercial agricultural activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry;
(4) Pasture and slow rotation forestry; or
(5) Diversified agriculture.
SUPP. 17 (1-2025)
19-2
R EAL P ROPERTY T AXES § 19-2
“Market value” is the most probable sale price of a property in terms of money in a
competitive and open market assuming that the buyer and seller are acting prudently
and knowledgeably, allowing sufficient time for the sale, and assuming that the
transaction is not affected by undue stress.
“Nondedicated agricultural use assessment” means the present use of agricultural
or residential and agricultural zoned land on a continuous and regular basis that
demonstrates the owner is engaged in agricultural activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry; and/or
(4) Pasture and slow rotation forestry.
This definition shall be repealed on January 1, 2028.
“Orchards” includes, but is not limited to, such crops as macadamia nuts, guava,
banana, papaya, avocado, grapes, passion fruit, coffee, citrus, cacao, pineapple, noni and
tropical specialty fruits.
“Pasture and slow rotation forestry” includes, but is not limited to, pasture and
longer rotation forestry.
“Property” or “real property” means and includes all land and appurtenances
thereof and the buildings, structures, fences, and improvements erected on or affixed to
the same, and any fixture which is erected on or affixed to such land, buildings,
structures, fences, and improvements, including all machinery and other mechanical or
other allied equipment and the foundations thereof, whose use thereof is necessary to
the utility of such land, buildings, structures, fences, and improvements, or whose
removal therefrom cannot be accomplished without substantial damage to such land,
buildings, structures, fences, and improvements, excluding, however, any growing
crops.
“Short-term commercial agricultural use dedication” means the use of land on a
continuous and regular basis for a minimum of three years that demonstrates the
owner is engaged in commercial agricultural activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry;
(4) Pasture and slow rotation forestry; or
(5) Diversified agriculture.
“Single-family dwelling” means a building containing only one dwelling unit.
SUPP. 17 (1-2025)
19-2.1
§ 19-2 H AWAI‘I C OUNTY C ODE
“Soil amendments” means material added to the soil to improve its physical
properties such as compost, agricultural lime, greensand, or manure.
“Solar water heater” means a solar thermal energy system that qualifies for the
State income tax credit authorized in the Hawai‘i Revised Statutes, section 235-12.5.
(1983 CC, c 19, art 1, sec 19-2; am 1997, ord 97-84, sec 1; am 2004, ord 04-143, sec 1; am
2007, ord 07-107, sec 2; am 2008, ord 08-93, sec 1; ord 08-130, sec 1; am 2023, ord 23-55,
secs 2-4; ord 23-59, sec 2; ord 23-60, sec 2; am 2024, ord 24-70, secs 1 and 2; ord 24-73,
sec 2.)19-2
Intentionally left blank.
SUPP. 17 (1-2025)
19-2.2
R EAL P ROPERTY T AXES §19-48
section 19-84. Persons holding any real property under an agreement to purchase the
same, shall be considered as owners during the time the real property is held or
controlled by them as such; provided the agreement to purchase (1) shall have been
recorded in the bureau of conveyances, and (2) shall provide that the purchasers shall
pay the real property taxes levied on the property. Persons holding any real property
under a lease for a term of ten years or more shall be considered as owners during the
time the real property is held or controlled by them as such; provided that the lease (1)
shall have been duly entered into and recorded in the bureau of conveyances or filed in
the office of the assistant registrar of the land court prior to January 1 preceding the
tax year for which the assessment is made, and (2) shall provide that the lessee shall
pay all taxes levied on the property during the term of the lease.
(1983 CC, c 19, art 6, sec 19-48; am 1997, ord 97-84, sec 1.)19-48
Section 19-49. Imposition of real property taxes on reclassification.
A portion of real property taxes shall be imposed upon and paid by the owner or
owners thereof when:
(1) The property of the owner has been leased for a term of ten years or more;
(2) The classification of the property has been changed to a classification of a
higher use during the life of the lease; and
(3) The classification to a higher use has occurred without the lessee petitioning
for such higher classification. Taxes which are imposed upon the owners of
property under this section shall be paid by the owner of such property
without being transferred to the lessee and such tax shall be the difference
between the assessed valuation of the property after the classification change
times the applicable tax rate less the assessed valuation of the property as it
existed prior to the classification change times the applicable tax rate.
(1983 CC, c 19, art 6, sec 19-49; am 1997, ord 97-84, sec 1.)19-49
Section 19-50. Assessment of property of corporations or co-partnerships.
Property of a corporation or co-partnership shall be assessed to it under its
corporate or firm name.
(1983 CC, c 19, art 6, sec 19-50; am 1997, ord 97-84, sec 1.)19-50
Section 19-51. Fiduciaries, liability.
Every personal representative, trustee, guardian, or other fiduciary shall be
answerable as such for the performance of all such acts, matters, or things as are
required to be done by this chapter in respect to the assessment of the real property
said fiduciary represents in a fiduciary capacity, and shall be liable as such fiduciary for
the payment of taxes thereon up to the amount of the available property held in such
capacity, but a fiduciary shall not be personally liable. A fiduciary may retain, out of
the money or other property which the fiduciary may hold or which may come to the
fiduciary in a fiduciary capacity, so much as may be necessary to pay the taxes or to
recoup the fiduciary for the payment thereof, or a fiduciary may recover the amount
thereof paid by the fiduciary from the beneficiary to whom the property shall have been
distributed.
(1983 CC, c 19, art 6, sec 19-51; am 1997, ord 97-84, sec 1.)19-51
SUPP. 8 (7-2020)
19-25
§ 19-52 H AWAI‘I C OUNTY C ODE
Section 19-52. Assessment of property of unknown owners.
The taxable property of persons unknown, or some of whom are unknown, shall be
assessed to “unknown owners,” or to named persons and “unknown owners,” as the case
may be. The taxable property of persons not having record title thereto on January 1,
preceding the tax year for which the assessment is made, may be assessed to “unknown
owners,” or to named persons and “unknown owners,” as the case may be. Such property
may be levied upon for unpaid taxes.
(1983 CC, c 19, art 6, sec 19-52; am 1997, ord 97-84, sec 1.)19-52
Article 7. Tax Maps; Valuations.
Section 19-53. Valuation; considerations in fixing.
(a) Except as provided below, the director of finance shall cause the market value of all
taxable real property to be determined and annually assessed by the market data,
income and cost approaches to value using appropriate systematic methods suitable
for mass valuation of properties for taxation purposes, so selected and applied to
obtain, as far as possible, uniform and equalized assessments throughout the
County. In making such determination and assessment, the director shall
separately value and assess within each class established in accordance with
subsection (e) of this section:
(1) Buildings.
In determining the value of buildings, consideration shall be given to any
additions, alterations, remodeling, modifications or other new construction,
improvement or repair work undertaken upon or made to existing buildings as
the same may result in higher assessable valuation of said buildings.
(2) All other real property, exclusive of buildings.
Exception. The value of land classified and used for agriculture as determined
pursuant to section 19-57, 19-57.1, 19-59, 19-60, or 19-61 shall be the value of
such land for such agricultural use without regard to any value that such land
might have for other purposes or uses. The director shall update the
agricultural use values at least every five years and shall consult with
agriculturalists and/or experts in the field when making such determination.
The establishment of the agricultural use rate values shall be made in
accordance with chapter 91, Hawai‘i Revised Statutes.
(3) Real property leased and located within the Waikoloa Workforce Housing
project shall be valued under this chapter based on comparison with like
properties within the same project.
(b) So far as practicable, records shall be compiled and kept which shall show the
methods established by or under the authority of the director, for the determination
of values.
(c) Whenever land has been divided into lots or parcels as provided by law, each such
lot or parcel shall be separately assessed.
SUPP. 17 (1-2025)
19-26
R EAL P ROPERTY T AXES §19-53
(d) When a condominium property regime is declared for a property, each unit shall be
classified upon consideration of its actual use into one of the general classes in the
same manner as land.
(e) Classification of land:
(1) Except as otherwise provided in subsection (e)(2) of this section, land shall be
classified, upon consideration of its highest and best use, into the following
general classes:
(A) Residential;
(B) Affordable rental housing;
(C) Apartment;
(D) Hotel and resort;
(E) Commercial;
(F) Industrial;
(G) Agricultural or native forests;
(H) Conservation; and
(I) Homeowner.
(2) In assigning land to one of the general classes the director of finance shall give
major consideration to the districting established by the land use commission
pursuant to chapter 205, Hawai‘i Revised Statutes, the districting established
by the County in its general plan and zoning ordinance, use classifications
established in the general plan of the State, and such other factors which
influence highest and best use, except that parcels which are used as the
owner’s principal residence shall be classified as “homeowner” without regard
to the highest and best use, provided that the director has granted to the
owner a home exemption in accordance with sections 19-71 to 19-72.
(A) The homeowner class is exclusively reserved for properties which are
used as the owner’s principal residence. Uses which shall not qualify as
“homeowner” include:
(i) Real property which is used for commercial or income-producing
purposes, except as exempted under section 19-71(a) or (b).
(ii) Real property which is used for residential rental purposes, whether
for short-term or long-term lease, except as exempted under section
19-71(a) and affordable rental housing.
(iii) Real property which is used for any purpose other than the owner’s
principal residence, with the exception of any property valued
according to its agricultural use pursuant to sections 19-57, 19-57.1,
19-59, 19-60, or 19-61.
(B) The affordable rental housing class is exclusively reserved for properties
which meet the eligible requirements for this class and have the annual
required application timely filed. Real property which is used for
commercial or income-producing purposes shall not qualify as “affordable
rental housing,” except:
(i) Real property with uses legally permitted as a home occupation in
accordance with the zoning code; or
SUPP. 17 (1-2025)
19-27
§ 19-53 H AWAI‘I C OUNTY C ODE
(ii) Real property with agricultural use pursuant to sections 19-57,
19-57.1, 19-59, 19-60, or 19-61.
(3) Whenever there is an overlap or contradiction in districting or use
classification between the County and the State, zoned districts by the County
shall take precedence.
(f) In determining the value of buildings, consideration shall be given to any additions,
alterations, remodeling, modifications or other new construction, improvement or
repair work undertaken upon or made to existing buildings as the same may result
in higher assessable valuation of said buildings; provided, however, that the
increase in value resulting from any additions, alterations, modifications or other
new construction, improvements or repair work to buildings undertaken or made by
the owner-occupant thereof pursuant to the requirements of any urban
redevelopment, rehabilitation or conservation project under the provisions of part II
of chapter 53, Hawai‘i Revised Statutes, shall not increase the assessable valuation
of any building for a period of seven years from the date of certification as
hereinafter provided.
It is further provided that the owner-occupant shall file with the director of
finance, in the manner and place which the director may designate, a statement of
the details of the improvements certified in the following manner:
(1) In the case of additions, alterations, modifications or other new construction,
improvements or repair work to a building that are undertaken pursuant to
any urban redevelopment, rehabilitation or conservation project as
hereinabove mentioned, the statement shall be certified by the mayor or any
government official designated by the mayor and approved by the council, that
the additions, alterations, modifications, or other new construction,
improvement or repair work to the buildings were made and satisfactorily
comply with the particular urban redevelopment, rehabilitation or
conservation act provision, or
(2) In the case of maintenance or repairs to a residential building undertaken
pursuant to any health, safety, sanitation or other governmental code
provision, the statement shall be certified by the mayor or any governmental
official designated by the mayor and approved by the council, that:
(A) The building was inspected by them and found to be substandard when
the owner-occupant made the claim, and
(B) The maintenance or repairs to the buildings were made and
satisfactorily comply with the particular code provision.
SUPP. 17 (1-2025)
19-28
R EAL P ROPERTY T AXES §19-53
(g) Limitation on homeowner assessment.
For properties in the homeowner class as of January 1, 2004, the assessed
value of the property shall not increase more than three percent per tax year until
the parcel is sold or any portion thereof sold by way of conveyance which is subject
to conveyance tax under terms of chapter 247, Hawai‘i Revised Statutes, at which
time the property will be assessed at market value. In addition to the three percent
limit of this subsection any improvements undertaken on the property within the
tax year shall be assessed at market value. All parcels entering this class after
January 1, 2004 shall have the assessed value as of January 1 of the following year
and be subject to the above provisions.
(h) Eligibility for affordable rental housing class.
(1) Real property occupied as affordable rental housing must be rented at a rate
not to exceed the affordable rental rate for the entire calendar year claimed
and must be legally permitted by all codes.
(2) All rental units on affordable rental housing properties must be rented at the
affordable rental rates.
(3) Affordable rental housing properties shall not be excluded by the owner’s
principal residence also being on the property.
(4) For properties in the affordable rental housing class as of January 1, 2008, the
assessed value of the property shall not increase more than three percent per
tax year until the parcel is sold or any portion thereof sold by way of
conveyance which is subject to conveyance tax under terms of chapter 247,
Hawai‘i Revised Statutes, at which time the property will be assessed at
market value. In addition to the three percent limit of this subsection, any
improvements undertaken on the property within the tax year shall be
assessed at market value. All parcels entering this class after January 1,
2008, shall have the assessed value as of January 1 of the following year and
be subject to the above provisions.
SUPP. 11 (1-2022)
19-29
§ 19-53 H AWAI‘I C OUNTY C ODE
(i) Application for the affordable rental housing class.
(1) No affordable rental housing classification shall be granted unless the
claimant shall annually have filed with the department of finance, on or before
December 31 preceding the tax year for which such classification is claimed, a
claim for such classification in such form as shall be prescribed by the
department and shall include but not be limited to rental agreements signed
by the renter or excise tax returns.
(2) No affordable rental housing classification shall be granted unless and until a
Hawai‘i County real property tax assessor evaluates the property and
establishes its current market value.
(3) The landowner shall submit a certification of rental rates affirming that the
rental rates charged to all renters on that parcel shall be at the affordable
rental rate and that rate will be maintained for the calendar year.
(j) Breach of affordable rental housing class.
(1) Rental of any unit during the calendar year at a rate higher than the
affordable rental rate shall breach the classification.
(2) Any conveyance of the parcel or portion of the parcel subject to conveyance tax
under terms of chapter 247, Hawai‘i Revised Statutes, shall breach the
classification.
(3) Upon breach of the classification, the tax assessment shall be cancelled
retroactive to the date of the classification, but for not more than the current
year, and all difference in the amount of taxes that were paid and those that
would have been due from the assessment in the higher classification shall be
payable with a ten percent penalty.
(1983 CC, c 19, art 7, sec 19-53; am 1982, ord 834, sec 2; am 1984, ord 84-21, sec 1; am
1990, ord 90-136, sec 2; ord 90-157, sec 1; am 1991, ord 91-143, sec 2; am 1996, ord 96-
71, sec 2; am 1997, ord 97-84, sec 1; ord 97-153, sec 2; am 2000, ord 00-48, sec 2; am
2003, ord 03-103, secs 2 and 3; am 2004, ord 04-67, sec 1; ord 04-121, sec 2; ord 04-143,
sec 2; am 2006, ord 06-147, sec 2; am 2007, ord 07-107, secs 3 and 4; ord 07-163, sec 2;
am 2008, ord 08-156, sec 2; am 2013, ord 13-72, sec 2; am 2014, ord 14-97, sec 2;
am 2021, ord 21-32, sec 1; am 2023, ord 23-54, sec 2; am 2024, ord 24-73, secs 3
and 4.)19-53
SUPP. 17 (1-2025)
19-30
R EAL P ROPERTY T AXES §19-57
(3) The application for a nondedicated agricultural use assessment must be signed
by all owners of the land being committed.
(4) If the application is approved, the assessment based upon the use requested in
the application shall be effective as of January 1 for the following tax year.
(5) Renewal of the application shall be in such form and at such time as required
by the director.
(d) Deferred or rollback tax.
(1) A deferred or rollback tax shall be imposed on the owner of the agricultural
land upon any of the following events:
(A) Conversion to any County zoned district other than agricultural,
residential and agricultural, family agricultural, intensive agricultural,
or agricultural project district as a result of a petition by the owner or
lessee;
(B) The property is subdivided into parcels of less than five acres in size; or
(C) A condominium property regime is declared for the property having
condominium units with an area equivalent to less than five acres in
size.
(2) The deferred tax shall commence from the date the conversion was made
retroactive to the date the agricultural use assessment was approved, but for
not more than a period of two years plus the current year.
(3) The amount of deferred taxes shall be based on the difference between the
assessed market value at highest and best use and the assessed agricultural
use value of the land at the tax rate applicable for the respective years, with a
ten percent penalty.
(e) Sunset of nondedicated agricultural use assessment. This section shall be repealed
on January 1, 2029. Consequently:
(1) No new applications for nondedicated agricultural use assessment will be
accepted by the director after September 1, 2024;
(2) Owners of land currently assessed in the nondedicated agricultural use
category shall reapply for an alternative use assessment or dedication by
September 1, 2026. If no application is received by the director by September
1, 2026, the property shall not be assessed at the nondedicated agricultural
use value established in subsection (a)(2) of this section;
(3) The director shall notify all current owners of land currently assessed in the
nondedicated agricultural use category in writing of the intent to sunset the
nondedicated agricultural use assessment and the deadline to apply for
another program;
(4) On or before September 1, 2028, the director shall review all reapplications;
(5) Owners of land who have applied for a community food sustainability use
assessment or a short- or long-term commercial agricultural use dedication in
accordance with section 19-57(e)(2) shall have their property assessed at the
nondedicated agricultural use assessment rate until the 2029 tax year, unless
their applications have been denied or they have applied for a different tax
program; and
SUPP. 17 (1-2025)
19-35
§ 19-57 H AWAI‘I C OUNTY C ODE
(6) Subsection 19-57(d) shall continue to apply to owners of land who reapply
under this sunset provision.
(2004, ord 04-143, sec 4; am 2023, ord 23-59, secs 3 and 4; am 2024 ord 24-72, sec 2.)19-
57
Section 19-57.1. Community food sustainability use assessment.
(a) Lands classified and used for farming to produce food crops, that are not dedicated
to commercial agricultural use, may be assessed for real property tax purposes as
established in subsection (a)(2) of this section and shall be subject to the following:
(1) The land in community food sustainability use must be used on a continuous
and regular basis to produce food for local consumption on lands zoned by the
County to be in the districts of agricultural, residential and agricultural,
family agricultural, intensive agricultural, and agricultural project district;
(2) The portion of land that is committed to specific community food production
shall be assessed at 30% of the fair market value; and
(3) A farm dwelling site shall be assessed based on the proportional market value
of the total property.
(b) All portions of land that are not committed or used for community food
sustainability shall be assessed based on the proportional market value of the total
property.
(c) Application; filings; assessment effective; renewal.
(1) The director shall prescribe the form of the community food sustainability use
application, which shall be accepted beginning September 2, 2024.
(2) The application for a community food sustainability use assessment must be
signed by all owners of the land being assessed.
(3) The application for a community food sustainability use assessment shall
include at least one of the following:
(A) A farm plan;
(B) Documentation of organic certification from the U.S. Department of
Agriculture;
(C) A plan from the U.S. Department of Agriculture, Natural Resources
Conservation Service;
(D) Documentation of food safety certification from the U.S. Department of
Agriculture; or
(E) Receipts demonstrating an investment of a minimum of $10,000 in farm
equipment, fertilizers, or soil amendments for use on the subject
property.
(4) If the application is approved, renewal of the application for the assessment,
based upon the use requested, shall be required every five years from the
initial approval date or earlier, at the discretion of the director, provided that:
(A) The documentation provided under subsection (c)(3) encompasses at
least five years and remains in effect; and
SUPP. 17 (1-2025)
19-36
R EAL P ROPERTY T AXES §19-60
(f), and the owner’s subsequent change in use of such dedicated lands,
shall not be deemed to constitute a failure of the owner to observe the
restrictions on the use.
(B) Any other provisions to the contrary notwithstanding, when a portion of
the dedicated land is subsequently applied to a use other than the use
set forth in the original petition, only such portion as is withdrawn from
the dedicated use and applied to a use other than the commercial
agricultural category shall be taxed as provided by this subsection.
(3) Calculating deferred or rollback taxes.
(A) The deferred or rollback tax shall be based on the difference between the
assessed market value at highest and best use and the long-term
commercial agricultural use of the land at the rate applicable for the
respective years.
(B) All differences in the amount of taxes that were paid and those that
would have been due from assessment in the higher use shall be due and
payable with a ten percent penalty.
(C) If the owner of dedicated land breaches a condition of the dedication
before its completion, deferred or rollback taxes shall be imposed on the
subject parcel pursuant to subparagraph (F) below, retroactive from the
end of the tax year in which the breach occurs.
(D) In any case in which deferred or rollback taxes are imposed after
successful completion of an agricultural dedication period, the deferred
or rollback taxes shall be retroactive only to the end of the completed
dedication period, and shall not be imposed for any time covered by a
successfully completed agricultural dedication period.
(E) In cases involving a breach of a ten-year dedication, or a rollback period
of ten or fewer years for breach of a twenty-year dedication, the rollback
taxes under this section shall be for a maximum total of ten years,
including both the breached dedication rollback period and any period of
nondedicated agricultural use assessment subject to rollback. Rollback
taxes for any breach of dedication affecting more than ten years under a
twenty-year dedication shall not exceed ten years.
(F) Deferred or rollback tax schedule.
(i) Breach of the restrictions on use within five years of the dedication
shall result in a rollback to the date of the dedication.
(ii) Breach of the restrictions on use within six years of the dedication
shall result in a rollback of four years from the date of the breach.
(iii) Breach of the restrictions on use within seven years of the
dedication shall result in a rollback of three years from the date of
the breach.
(iv) Breach of the restrictions on use within eight or nine years of the
dedication shall result in a rollback of two years from the date of the
breach.
SUPP. 15 (1-2024)
19-47
§ 19-60 H AWAI‘I C OUNTY C ODE
(4) The additional taxes and penalties due and owing shall be a paramount lien
upon the property as provided for by this chapter.
(h) The director may cancel a dedication without rollback taxes or penalties in the
event of any of the following:
(1) A recognized natural disaster beyond the farmer’s control;
(2) The land can no longer be used for the dedicated agricultural use; or
(3) The death or severe disability of the principal farmer such that the farm
operation cannot continue. Corporations and partnerships are not eligible for
this death or severe disability exemption.
(2004, ord 04-143, sec 5; am 2005, ord 05-30, sec 2; am 2023, ord 23-55, sec 5.)19-60
Section 19-61. \[Former\] Repealed.
(1983 CC, c 19, art 8, sec 19-61; rep 1997, ord 97-84, sec 1.)19-61
Section 19-61. Short-term commercial agricultural use dedication.
(a) A special land reserve is established to enable the owner of any parcel of land, or
lessee of a recorded agricultural lease with a minimum of three years remaining on
the lease at time of petition, to dedicate the land for a specific short-term
commercial agricultural use, and to have the value of the land assessed in such use
for a period of three years, or in the case of a recorded agricultural lease the term of
the lease up to three years, provided:
(1) The land dedicated for commercial activity must be used on a continuous and
regular basis for intensive agriculture, orchards, feed crops and fast rotation
forestry, pasture and slow rotation forestry, or diversified agriculture and have
a minimum lot size per farm operation as determined by the minimum lot size
schedule for that dedicated category of commercial activity as provided for in
the administrative rules and regulations of the department, except where the
dedication petition indicates a commercially viable agricultural operation on a
smaller lot;
(2) The land dedicated for short-term commercial agriculture use for intensive
agriculture, orchards, or diversified agriculture is fallow for no more than one
out of every three years of the dedication period, except when greater fallow
periods are necessary as described in the dedication petition;
(3) The land dedicated for short-term commercial agricultural use for intensive
agriculture, orchards, or diversified agriculture shall not grow any crops
identified by the State department of agriculture as a noxious weed; and
(4) The land is within a County zoned district of agricultural, residential and
agricultural, family agricultural, intensive agricultural, agricultural project
district, or any other County zoned district meeting with the approval of the
director of planning.
SUPP. 17 (1-2025)
19-47.1
R EAL P ROPERTY T AXES §19-61
(e) Changing between commercial agricultural categories.
(1) If the owner desires to change from a specific commercial agricultural category
to another commercial agricultural category, the owner shall so petition the
director of finance and declare in the petition that:
(A) The owner’s land can best be used for a commercial agricultural activity
other than that for which the petition was originally approved; and
(B) The owner will use the land for that new commercial agricultural
activity if the petition is approved.
(2) If an owner is permitted to change the use as provided in this subsection, the
owner shall be allowed up to twelve months from the effective date of the
petition to convert to the new commercial agricultural category. This
conversion must be completed prior to the end of the dedication period.
(3) The petitioner shall submit progress reports of the petitioner’s efforts in
converting from one commercial agricultural category to another commercial
agricultural category to the director of finance by the anniversary date of the
petition approval and yearly, thereafter, as long as such conversion period
remains.
(4) If the owner fails to make the conversion within the specified time limit, the
owner will be subject to the taxes and penalties provided herein.
(5) Any other provision to the contrary notwithstanding, an approved change in
use as provided herein shall not alter the original dedication period.
(f) Breach of dedication; deferred or rollback taxes; penalties and interest.
(1) A deferred or rollback tax shall be imposed on the owner of short-term
commercial agricultural use dedicated lands upon failure of the owner to
observe any restriction, condition, or provision on the use of the land.
(2) The deferred or rollback tax shall commence from the date the failure to
observe the restriction, condition, or provision, retroactive to the date the
assessment was made but for not more than three years.
(A) Failure to observe the restrictions on the use means failure for a period
of six consecutive months to use the land in the manner requested in the
petition or the overt act of changing the use for any period; provided that
the petition by the owner for a change in use as provided in subsection
(f), and the owner’s subsequent change in use of such dedicated lands,
shall not be deemed to constitute a failure of the owner to observe the
restrictions on the use.
(B) Any other provisions to the contrary notwithstanding, when a portion of
the dedicated land is subsequently applied to a use other than the use
set forth in the original petition, only such portion as is withdrawn from
the dedicated use and applied to a use other than the commercial
agricultural category shall be taxed as provided by this subsection.
SUPP. 15 (1-2024)
19-47.4
§ 19-61 H AWAI‘I C OUNTY C ODE
(3) Calculating deferred or rollback taxes.
(A) The deferred or rollback tax shall be based on the difference between the
assessed market value at highest and best use and the short-term
commercial agricultural use of the land at the rate applicable for the
respective years.
(B) All differences in the amount of taxes that were paid and those that
would have been due from assessment in the higher use shall be due and
payable with a ten percent penalty.
(C) If the owner of dedicated land breaches a condition of the dedication
before its completion, deferred or rollback taxes shall be imposed on the
subject parcel, retroactive from the end of the tax year in which the
breach occurs.
(D) In any case in which deferred or rollback taxes are imposed after
successful completion of an agricultural dedication period, the deferred
or rollback taxes shall be retroactive only to the end of the completed
dedication period, and shall not be imposed for any time covered by a
successfully completed agricultural dedication period.
(E) In cases involving a breach of a three-year dedication, rollback taxes
shall be assessed to the date of the dedication.
(4) The additional taxes and penalties due and owing shall be a paramount lien
upon the property as provided for by this chapter.
(g) The director may cancel a dedication without rollback taxes or penalties in the
event of any of the following:
(1) A recognized natural disaster beyond the farmer’s control;
(2) The land can no longer be used for the dedicated agricultural use; or
(3) The death or severe disability of the principal farmer such that the farm
operation cannot continue. Corporations and partnerships are not eligible for
this death or severe disability exemption.
(h) Applications for the short-term commercial agricultural use dedication shall be
accepted beginning September 2, 2024, and approved applications under this
dedication shall take effect no sooner than the 2026 tax year.
(2023, ord 23-55, sec 6; am 2024, ord 24-73, sec 5.)19-61
Section 19-62. Repealed.
(1983 CC, c 19, art 8, sec 19-62; rep 1997, ord 97-84, sec 1.)19-62
Section 19-63. Repealed.
(1983 CC, c 19, art 8, sec 19-63; rep 1997, ord 97-84, sec 1.)19-63
SUPP. 17 (1-2025)
19-47.5
R EAL P ROPERTY T AXES § 19-99
Section 19-99. Appeal to board of review.
The notice of appeal of a real property assessment must be lodged with the director
on or before the date fixed by law for the taking of the appeal. An appeal to the board of
review shall be deemed to have been taken in time if the notice thereof shall have been
postmarked and properly addressed to the director, on or before such date.
The notice of appeal must be in writing and any such notice, however informal it
may be, identifying the assessment involved in the appeal, stating the valuation
claimed by the taxpayer and the grounds of objection to the assessment shall be
sufficient. Upon the necessary information being furnished by the taxpayer to the
director, the director shall prepare the notice of appeal upon request of the taxpayer or
County and any notice so prepared by the director shall be deemed sufficient as to its
form.
The appeal shall be considered and treated for all purposes as a general appeal and
shall bring up for determination all questions of fact and all questions of law, excepting
questions involving the Constitution or laws of the United States, necessary for the
determination of the objections raised by the taxpayer in the notice of appeal. Any
objection involving the Constitution or laws of the United States may be included by the
taxpayer in the notice of appeal and in such case the objections may be heard and
determined by the tax appeal court on appeal from a decision of the board of review; but
this provision shall not be construed to confer upon the board of review the power to
hear or determine such objections. Any notice of appeal may be amended at any time
prior to the board’s decision; provided the amendment does not substantially change the
dispute or lower the valuation claimed.
(1983 CC, c 19, art 12, sec 19-99; am 1997, ord 97-84, sec 1.)19-99
Section 19-100. Cost; deposit for an appeal.
The nonrefundable cost to be deposited by the taxpayer for an appeal to the board
of review shall be $50 for each real property tax appeal.
The cost to be deposited by the taxpayer on any appeal to the tax appeal court or
the State supreme court shall be as provided in sections 232-22 and 232-23, Hawai‘i
Revised Statutes.
(1983 CC, c 19, art 12, sec 19-100; am 1991, ord 91-61, sec 2; am 1997, ord 97-84, sec 1;
am 2010, ord 10-22, sec 2; am 2023, ord 23-28, sec 1.)19-100
Section 19-101. Repealed.
(1983 CC, c 19, art 12, sec 19-101; am 1997, ord 97-84, sec 1; am 2010, ord 10-22, sec 3;
rep 2023, ord 23-28, sec 2.) 19-101
SUPP. 16 (7-2024)
19-75
§ 19-102 H AWAI‘I C OUNTY C ODE
Section 19-102. Taxes paid pending appeal.
The tax paid upon the amount of any assessment, actually in dispute and in excess
of that admitted by the taxpayer, and covered by an appeal to the tax appeal court duly
taken, shall be paid by the director into the “litigated claims account.” If the final
determination is in whole or in part in favor of the appealing taxpayer, the director
shall repay to the taxpayer out of the account, or if investment of the account should
result in a deficit therein, out of the general fund of the County, the amount of the tax
paid upon the amount held by the court to have been excessive or nontaxable, together
with interest at a rate to be determined by the director based upon the average interest
rate earned on County investments during the previous fiscal year. Interest shall be
calculated from the date of each payment into the litigated claims account. The balance,
if any, of the payment made by the appealing taxpayer, or the whole of the payment, in
case the decision is wholly in favor of the director, shall, upon the final determination
become a realization of the general fund.
In a case of an appeal to a board of review, the tax paid upon the amount of the
assessment actually in dispute and in excess of that admitted by the taxpayer, shall
during the pendency of the appeal and until and unless an appeal is taken to the tax
appeal court, be held by the director in the general fund of the County. In the event of
final determination of the appeal in the board of review, the director shall repay to the
appealing taxpayer out of the general fund the amount of the tax paid upon the amount
held by the board to have been excessive or nontaxable, together with interest at a rate
to be determined by the director based upon the average interest rate earned on County
investments during the previous fiscal year. Interest shall be calculated from the date of
each payment into the general fund of the County. The balance, if any, of the payment
made by the appealing taxpayer, or the whole of the payment, in case the decision is
wholly in favor of the director, shall, upon the final determination become a realization
of the general fund.
(1983 CC, c 19, art 12, sec 19-102; am 1991, ord 91-61, sec 3; am 1997, ord 97-84, sec 1.)
19-102
Section 19-103. Amendment of assessment list to conform to decision.
The director shall alter or amend the assessment and the assessment list in
conformity with the decision or judgment of the last board or court to which an appeal
may have been taken.
(1983 CC, c 19, art 12, sec 19-103; am 1997, ord 97-84, sec 1.)19-103
Article 13. Tax Credits.
Section 19-104. Solar water heater tax credit established.
(a) An owner of real property that has a single-family dwelling, accessory dwelling
unit, farm dwelling, duplex, or double-family dwelling unit(s) and who installs a
solar water heater on the owner’s property on or after January 1, 2008, shall be
entitled to a one-time tax credit per tax map key of up to $1,000 under this article
against the owner’s real property tax liability, except for the minimum tax from all
property taxes.
SUPP. 17 (1-2025)
19-76
R EAL P ROPERTY T AXES § 19-104
(b) This tax credit shall not be available for the installation of a solar water heater that
is required by law.
(c) The credit shall be claimed against real property tax liability for the tax year
immediately following approval of the application for the credit. The tax credit
shall entitle the owner to a credit only for the single tax year. There shall be no
carryover tax credit.
(2008, ord 08-93, sec 2; am 2022, ord 22-127, sec 1; am 2024, ord 24-70, sec 3.)19-104
Section 19-105. Administration.
(a) The director shall determine the eligibility of the owner for the tax credit upon
review and verification that the owner has installed a solar water heater on the
owner’s property.
(b) The owner shall file an application with the department of finance on or before
September 30 preceding the tax year in which the credit would be provided.
(c) The director shall adopt rules having the force and effect of law for the
administration, implementation, and enforcement of this article.
(2008, ord 08-93, sec 2.)19-105
SUPP. 17 (1-2025)
19-77
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CHAPTER 20
INTEGRATED SOLID WASTE MANAGEMENT
Article 1. General Provisions.
Section 20-01-01. Title and purpose.
Section 20-01-02. Severability.
Section 20-01-03. Definitions.
Article 2. Administration and Enforcement.
Division 1. Administration.
Section 20-02-01.Jurisdiction.
Section 20-02-02. Adoption of rules.
Section 20-02-03. SWD facilities; minimum days of operation.
Division 2. Enforcement.
Section 20-02-21. General provisions.
Section 20-02-22. Administrative enforcement.
Section 20-02-23. Criminal Enforcement.
Article 3. Disposal Requirements.
Section 20-03-01. Disposal of solid waste.
Section 20-03-02. Permit required for solid waste disposal.
Section 20-03-03. Repealed.
Section 20-03-04. Salvage of solid waste restricted.
Section 20-03-05. Unauthorized persons entering SWD facilities.
Article 4. Solid Waste Fees.
Section 20-04-01.Disposal fees.
Section 20-04-02. Collection of fees.
Section 20-04-03. Solid waste fund designation.
Section 20-04-04. Fee schedule.
Article 5. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Section 20-05-01. Prohibition.
Section 20-05-02. Use of recyclable or compostable food service ware required.
Section 20-05-03. Exemptions.
SUPP. 17 (1-2025)
i
Article 6. Plastic Bag Reduction.
Section 20-06-01. Purpose.
Section 20-06-02. Plastic checkout bags prohibited.
Section 20-06-03. Exemptions.
Article 7. Disposal of Vehicles and Similar Materials.
Division 1. Abandoned and Derelict Vehicles.
Section 20-07-01. Disposition of abandoned or derelict vehicles.
Division 2. Vehicle Disposal Assistance.
Section 20-07-21. Vehicle disposal assistance program.
SUPP. 13 (1-2023)
ii
I NTEGRATED S OLID W ASTE M ANAGEMENT §20-01-03
“Plastic checkout bag” means a carryout bag that is provided by a business to a
customer for the purpose of transporting groceries or other retail goods, and that is
made from non-compostable or compostable plastic and not specifically designed and
manufactured for multiple re-use.
“Polystyrene foam,” sometimes referred to as “Styrofoam,” a Dow Chemical
Company trademarked product, means a thermoplastic petrochemical material utilizing
the styrene monomer, which may be marked with resin symbol #6, processed by any
number of techniques including, but not limited to fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and extrusion-blow
molding (extruded foam polystyrene). In food service, polystyrene foam is generally
used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg
cartons intended for a single use. Polystyrene foam does not include solid hard
polystyrene.
“Prepared food” means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for
consumption by a retail consumer on the premises of a food provider, including, but not
limited to, beverages, ready to eat, and takeout food. Prepared food does not include
raw: eggs; butchered meats; fish; and/or poultry unless provided for consumption
without further food preparation or heating. For example, sashimi and poke shall be
considered to be prepared food. This also does not include pre-packaged or pre-sealed
items such as breads, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or
other items typically sold in a grocery store or a food manufacturer’s retail location.
“Private road” means every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied permission from the
owner, including private roads open to the public.
“Prohibited materials” include, but are not limited to, paint thinner or solvents; oil
based paint; engine oil, antifreeze or lead acid batteries; pesticides, poisons; household
cleaner; contaminated soil; untreated medical waste; propane, compressed gas
cylinders; diesel, gasoline or alcohol; liquids or sludges in containers one gallon or larger
unless mixed with a bulking agent so that it solidifies; and hazardous wastes as defined
in 40 Code of Federal Regulations parts 257, 258 and 261 or the State’s statutes or
rules, whichever is more stringent.
“Public highway” means all roads, highways, alleys, streets, ways, lanes, bikeways,
and bridges open to the use of the public for purposes of vehicular travel that is
acquired or built by the government.
“Public property” means all real property owned by the County, State, or the
Federal government.
“Recyclable” means material that has reached the end of its current use and may be
processed into material utilized in the production of new products.
“Sanitary landfill” means engineered solid waste disposal method in accordance
with State and federal laws which are designed and operated to protect human health
and the environment by establishing requirements with respect to location, operation,
design, ground water monitoring, corrective action, closure and post-closure, and
financial assurance.
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§ 20-01-03 H AWAI‘I C OUNTY C ODE
“Solid waste” means any garbage, refuse, sludge, and other discarded material,
including solid, liquid, semisolid, or contained gaseous material, resulting from
residential habitation; industrial, commercial, mining, and agricultural operations; and
community activities.
“Solid waste management” means planned and organized handling of solid waste
and recyclable materials in an environmentally and economically sound manner,
encompassing the generation, storage, collection, transfer, transportation, processing,
resource recovery, reuse, and disposal of solid waste and recyclable materials and
including all administrative, financial, educational, environmental, legal, planning,
marketing and operational aspects thereof.
“State” means the State of Hawai‘i.
“SWD” means the Solid Waste Division of the Department of Environmental
Management.
“SWD facility” means a County facility for the management of materials the County
is legally permitted to accept pursuant to State law.
(2020, ord 20-86, sec 3.) 20-01-03
Article 2. Administration and Enforcement.
Division 1. Administration.
Section 20-02-01. Jurisdiction.
Unless otherwise provided for by law, the department shall have jurisdiction over
and administer all matters covered by this chapter.
(2020, ord 20-86, sec 3.) 20-02-01
Section 20-02-02. Adoption of rules.
The department may adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes,
necessary for the purposes of this chapter.
(2020, ord 20-86, sec 3.) 20-02-02
Section 20-02-03. SWD facilities; minimum days of operation.
Any SWD facility used for the disposal, collection, and transfer of household solid
waste shall be operated and open to the public for such purposes no less than two days a
week.
(2024, ord 24-57, sec 2.) 20-02-03
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§ 20-02-21 H AWAI‘I C OUNTY C ODE
Division 2. Enforcement.
Section 20-02-21. General provisions.
Failure to comply with any provision of this chapter, or any rule adopted pursuant
to this chapter, or with conditions imposed as part of any permit issued pursuant to this
chapter, shall constitute a violation of this chapter.
(2020, ord 20-86, sec 3.) 20-02-21
Section 20-02-22. Administrative enforcement.
(a) If the director determines that any person has violated or is violating any provision
of this chapter or department rules, the director shall serve a notice of violation and
order upon the parties responsible for the violation, which shall include the
following:
(1) Date of the notice;
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20-4.2
CHAPTER 22
COUNTY STREETS
Article 1. General Provisions.
Section 22-1.1.Intent and purpose.
Section 22-1.2.Definitions.
Article 2. Prohibitions.
Section 22-2.1.Encroachments.
Section 22-2.2.Intersection sight distance.
Section 22-2.3.Damage.
Section 22-2.4.Impeding and obstructing the public; endangering persons
and property.
Section 22-2.5.Commercial use of County streets.
Section 22-2.6.Signs and other advertising materials.
Article 3. Use of County Streets.
Division 1. Types of Permits.
Section 22-3.1.Types of permits.
Section 22-3.2.Public utilities exemption.
Division 2. Special Activity Permits.
Section 22-3.3.Special activity permit; application and criteria for granting.
Section 22-3.3.1. Special activity permit; determination of allowable areas.
Section 22-3.3.2. Special activity permit; allowable areas.
Section 22-3.4.Special activity permit; penalty and revocation.
Section 22-3.4.1. Special activity permit; exemptions.
Section 22-3.4.2. Special activity permit; posting required.
Division 3. Publication Dispenser Permits.
Section 22-3.5.Publication dispenser permits; application.
Section 22-3.6.Publication dispenser permit; criteria for granting; revocation.
Division 4. Sidewalk Use Permits.
Section 22-3.7.Sidewalk use permit; application.
Section 22-3.8.Sidewalk use permit; criteria for granting.
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Division 5. Permit Conditions.
Section 22-3.9.Permit conditions.
Division 6. Permit Fees.
Section 22-3.10. Fees.
Article 4. Construction in County Streets.
Division 1. Permitting.
Section 22-4.1.Construction permit required.
Section 22-4.2.Construction permits; application.
Section 22-4.3.Construction permits; criteria for granting.
Section 22-4.4.Construction permits; conditions.
Section 22-4.5.Construction permit; fees.
Division 2. Sidewalk Standards.
Section 22-4.6.Maintenance of sidewalk area.
Section 22-4.7.Sidewalk repair.
Division 3. Driveway Approach Standards.
Section 22-4.8.Proper driveway approach required.
Section 22-4.9.Standards for driveway approaches.
Section 22-4.10. Maintenance of driveway approaches.
Article 5. Addresses.
Division 1. Street Names.
Section 22-5.1.Posting street names at intersections.
Section 22-5.2.Adoption of street names.
Section 22-5.3.Street name repository.
Division 2. Reserved.
Article 6. Speed Humps.
Section 22-6.1.Powers and duties of director.
Section 22-6.2.Requests for approval.
Section 22-6.3.Process for approval.
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C OUNTY S TREETS §22-2.2
Section 22-2.2. Intersection sight distance.
(a) To preserve adequate vehicular sight distance at intersections formed by two or
more County streets, no object with a height between three feet and eight feet
above the nearest surface of the County street shall be allowed within the area
defined by the chord of an arc having a radius of thirty feet from the intersection of
property lines or their extensions that form the intersection.
(b) Whenever unusual conditions exist, such as steep road grades, non-perpendicular
intersections or intersections having more than two County streets, the director,
may, after an appropriate analysis, establish an area greater or lesser than that
defined in this section.
(2002, ord 02-67, sec 2.)22-2.2
Section 22-2.3. Damage.
(a) Unless otherwise permitted by the director, no person shall transport any materials
or operate any vehicle, trailer, machinery, equipment or any other means of
conveyance upon or across any County street in such a manner that it scratches,
mars, excavates or otherwise damages any portion of the street.
(b) Unless otherwise permitted by the director, no person shall drop or spread oil,
paint, gravel, or any other substance or object upon any County street in a manner
or in an amount which creates an unreasonable risk to persons or property.
(2002, ord 02-67, sec 2.)22-2.3
Section 22-2.4. Impeding and obstructing the public; endangering persons
and property.
(a) No person, without a legal privilege to do so, shall knowingly or recklessly render
impassable, without unreasonable inconvenience or hazard, any County street,
whether alone or with others.
(b) No person shall knowingly or recklessly engage in conduct which creates an
unreasonable risk or harm to any person or property on any County street.
(2002, ord 02-67, sec 2.)22-2.4
Section 22-2.5. Commercial use of County streets.
Except as otherwise permitted by law, no person shall use any portion of a County
street for displaying, vending, hawking, selling, renting, or leasing any goods, wares,
food, merchandise, or other kinds of property without authorization through a special
activity permit pursuant to section 22-3.3. Any permitted commercial activity shall not
impede or inconvenience the public or any person in the lawful use of a County street.
(2002, ord 02-67, sec 2; am 2024, ord 24-82, sec 2.) 22-2.5
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§ 22-2.6 H AWAI‘I C OUNTY C ODE
Section 22-2.6. Signs and other advertising materials.
Except as otherwise permitted by law, no person shall construct, place, leave,
deposit, erect, or install any privately owned signs, handbills, posters, or other related
advertising material on or above any County street. Signage authorized by a special
activity permit shall be displayed in accordance with conditions thereof. Signage and
other advertising materials shall not impede or inconvenience the public or any person
in the lawful use of a County street.
(2002, ord 02-67, sec 2; am 2024, ord 24-82, sec 3.)22-2.6
Article 3. Use of County Streets.
Division 1. Types of Permits.
Section 22-3.1. Types of permits.
(a) “Publication dispenser permits” include permits to place newspaper stands, news
racks, or other dispensers of handbills or other printed or written materials on or
over a County sidewalk.
(b) “Sidewalk use permits” include permits to place garbage receptacles, decorative
planters, public benches, required provisions for the disabled or other items which
will be placed in or on the County street for noncommercial purposes that are
deemed by the director to promote public welfare.
(c) “Special activity permits” include permits that authorize temporary commercial
activities such as displaying, vending, hawking, selling, renting, or leasing any
goods, wares, food, merchandise, or other kinds of property within a County street
for a designated period under specified conditions.
(2002, ord 02-67, sec 2; am 2005, ord 05-139, sec 2; am 2024, ord 24-82, sec 4.)22-3.1
Section 22-3.2. Public utilities exemption.
Public utilities that have an executed utility franchise, charter, or other legally
binding agreement with the County of Hawai‘i, including provisions of the Hawai‘i
Revised Statutes, may be exempt from the provisions of this article at the discretion of
the director. This exemption does not preclude the County from pursuing charging a fee
for use of the County streets or property.
(2002, ord 02-67, sec 2.)22-3.2
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C OUNTY S TREETS §22-3.3
Division 2. Special Activity Permits.
Section 22-3.3. \[Former\] Repealed.
(2002, ord 02-67, sec 2; rep 2005, ord 05-139, sec 3.)22-3.3
Section 22-3.3. Special activity permit; application and criteria for granting.
(a) Any person seeking to conduct commercial activities within County streets shall
apply for a special activity permit. Applications shall be submitted using a form
designated by the director and shall include, at a minimum, the following
information and attachments:
(1) General applicant information, including name, contact details, and
representative capacity;
(2) Proof of a valid business license or permit required for conducting commercial
activities in the State of Hawai‘i;
(3) Details of the proposed commercial activity, including products and services
offered, intended location, signage, and operations schedule;
(4) A plan for managing waste generated by the commercial activity to maintain
cleanliness of the special activity site and surrounding area;
(5) An agreement indemnifying, defending, and holding harmless the County of
Hawai‘i and its officers and agents from all claims, demands, suits, or actions
arising from the permitted commercial activity; and
(6) A certificate of insurance and proof of a public liability insurance policy with a
minimum coverage of $1,000,000 per occurrence, naming as an additional
insured, the County of Hawai‘i, its officers, representatives, employees, and
agents. The policy and coverage shall remain in effect until the special activity
permit is terminated.
(b) The director is authorized to issue a special activity permit for a duration of up to
one year, provided that all application criteria are met and that the required
documents are submitted in accordance with subsection (a).
(2024, ord 24-82, sec 5.)22-3.3
Section 22-3.3.1. Special activity permit; determination of allowable areas.
(a) The council may by ordinance determine County streets where commercial activity
authorized by a special activity permit may be conducted.
(b) Prior to taking final action on any such ordinance, the council shall request the
respective recommendations of the chief of police, the director of public works, and
other public officials deemed appropriate as to whether commercial activity on the
affected County street, or portions thereof, should be allowed. The chief of police
and director of public works shall provide their respective recommendation within
forty-five days of the request by the council.
(2024, ord 24-82, sec 5.)22-3.3.1
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§ 22-3.3.2 H AWAI‘I C OUNTY C ODE
Section 22-3.3.2. Special activity permit; allowable areas.
When a special activity permit has been granted by the director, the commercial
activities authorized thereby may be conducted on the following County streets:
(a)
(b) North Hilo
(c)South Hilo
(d)
(e) Kohala
(f) Kona
(g) Puna
(2024, ord 24-82, sec 5.)22-3.3.2
Section 22-3.4. \[Former\] Repealed.
(2002, ord 02-67, sec 2; rep 2005, ord 05-139, sec 3.)22-3.4
Section 22-3.4. Special activity permit; penalty and revocation.
(a) Any person conducting a commercial activity within a County street without a
special activity permit pursuant to this chapter, shall be fined $250 per incident.
The payment of such fine shall not exempt any person from the requirements of
this chapter or from any other penalties prescribed in this chapter.
(b) A special activity permit may be revoked by the director if the permittee’s
operations are found to be noncompliant with any criteria or conditions set forth in
the permit or this chapter.
(2024, ord 24-82, sec 5.)22-3.4
Section 22-3.4.1. Special activity permit; exemptions.
Notwithstanding any provision to the contrary, any display, vending, and selling of
food, beverages, or merchandise by a 501(c)(3) nonprofit organization or educational
institution certified by the State may be conducted without a special activity permit
where allowable under section 22-3.3.2, provided that all funds derived from such
commercial activity are used to support a specific program, project, event, or other
benefit directly related to the purpose of the nonprofit organization or educational
institution.
In all other respects, the exempted commercial activity shall comply with the
applicable requirements of section 22-3.9 as if a special activity permit had been
granted therefor.
(2024, ord 24-82, sec 5.)22-3.4.1
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C OUNTY S TREETS § 22-3.4.2
Section 22-3.4.2. Special activity permit; posting required.
Any person conducting commercial activity permitted by a special activity permit
who fails to keep the permit conspicuously posted and available for inspection by the
chief of police or the director at the location and for the duration of said activity shall be
subject to a fine of $250 and to any other penalties as may be prescribed in this chapter
or in the conditions of the permit.
(2024, ord 24-82, sec 5.)22-3.4.2
Division 3. Publication Dispenser Permits.
Section 22-3.5. Publication dispenser permits; application.
(a) The publisher, editor, distributor or seller of any newspaper or any other
publication may apply for a publication dispenser permit. Permit applications shall
be submitted upon a form designated by the director and shall include, at a
minimum, the following information and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2) A description and map of the location of the publication dispenser.
(3) The duration of time for which the permit is requested.
(4) The height of the publication dispenser.
(5) The width of the sidewalk that the dispenser will occupy and the clear space
that will remain on the sidewalk after the dispenser is in place.
(6) Written statements of consent from every property owner and lessee directly
fronting the proposed dispenser site.
(7) An agreement, to be approved by the corporation counsel, wherein the
applicant agrees to indemnify, defend and hold harmless the County of
Hawai‘i, its officers and agents from all claims, demands, suits, actions, or
proceedings of every name, character, and description that may be brought
against the County of Hawai‘i for or on account of any injuries or damages to
any person or property received or sustained by any person by or in
consequence of any act or acts of the holder of the permit for actions done
under the permit.
(8) A certificate of insurance and proof of a public liability insurance policy
approved by corporation counsel naming as an additional insured, the County,
its officers, representatives, employees, and agents and covering any claim or
liability for damages, injuries or death resulting from any of the uses
permitted hereunder. The minimum amount of coverage under such policy
shall be $1,000,000 per occurrence. The policy and coverage shall be kept in
force until the publication dispenser is removed from the County street.
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§ 22-3.5 H AWAI‘I C OUNTY C ODE
(b) Any district association of a business improvement district may apply for an
exclusive, district-wide publication dispensing rack permit. Permit applications
shall be submitted upon a form approved by the director and shall include, at a
minimum, the following information and attachments:
(1) The name of the business improvement district and the district association,
copies of its respective formation documents, and a certificate of good standing
of the district association.
(2) A map showing the proposed locations of the publication dispensing racks.
(3) An illustration showing the proposed design and maximum dimensions of the
publication dispensing racks and a description of the standards for the size,
design, color and material of publication dispensing rack inserts that
publication distributors may place within the publication dispensing racks.
(4) The rules that the district association proposes to adopt pursuant to chapter
35, section 35-68 of this Code, which shall contain a statement that any
changes to such rules shall be subject to the approval of the director.
(5) An agreement and acknowledgement by the district association that it will be
bound to comply, and will comply, with all provisions of chapter 35, article 8 of
this Code.
(2002, ord 02-67, sec 2; am 2012, ord 12-59, sec 3.)22-3.5
Section 22-3.6. Publication dispenser permit; criteria for granting;
revocation.
(a) The director may issue a publication dispenser permit pursuant to section 22-3.5(a)
for a period not to exceed one year if all of the following criteria are met:
(1) The publication dispenser does not exceed four feet in height.
(2) The publication dispenser does not occupy more than one-fifth of the width of
the sidewalk and will leave a clear width of at least four feet.
(3) Written statements of consent are received from every property owner and
lessee directly fronting the proposed dispenser site.
(4) The applicant has executed an agreement to indemnify, defend and hold
harmless the County as provided above, to the satisfaction of the corporation
counsel.
(5) The applicant has submitted a certificate of insurance and proof of a public
liability insurance policy as provided above, to the satisfaction of the finance
director and the corporation counsel.
(6) The publication dispenser will not impede or endanger the public’s use,
including persons with disabilities, of the sidewalk area or interfere with
vehicular sight distance at any intersection or driveway.
(b) The director may issue an exclusive, district-wide publication dispensing rack
permit pursuant to section 22-3.5(b), which shall be valid until revoked, if all of the
following criteria are met:
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C OUNTY S TREETS §22-3.6
(1) The proposed locations of the publication dispenser racks will in every case
leave a clear width on the sidewalk of at least three feet and will not otherwise
impede use by the public, including persons with disabilities, of the sidewalk
area or interfere with vehicular sight distance at any intersection or driveway.
(2) The director has approved the proposed design and maximum dimensions of
the publication dispensing racks as well as the standards for the size, design,
color and material of publication dispensing rack inserts.
(3) The director has approved the rules submitted by the district association
pursuant to section 35-68, including all proposed fee amounts.
(4) The applicant has executed an agreement to indemnify, defend and hold
harmless the County as provided above, to the satisfaction of the corporation
counsel.
(5) The applicant has agreed in writing to comply with all provisions of chapter 35
of this Code.
(c) A permit granted pursuant to this chapter may be revoked by the director if the
location and condition of the dispenser or dispensing rack of the permit recipient
falls out of compliance with the criteria set forth above or, for district association
permit recipients, the operations of the association fall out of compliance with any
criteria or conditions set forth in chapter 35.
(d) Following issuance of an exclusive, district-wide publication dispensing rack permit
to a district association, no further permits shall be granted for individual
dispensers in such business improvement district and, upon expiration of any then-
effective permit, the permit holder shall immediately and permanently remove the
dispenser from the sidewalk or County property.
(2002, ord 02-67, sec 2; am 2012, ord 12-59, sec 4; am 2024, ord 24-82, sec 6.)22-3.6
Division 4. Sidewalk Use Permits.
Section 22-3.7. Sidewalk use permit; application.
Any person who is an authorized representative for the use being requested may
apply for a sidewalk use permit. Permit applications shall be submitted upon a form
designated by the director and shall include, at a minimum, the following information
and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2) A description and map of the proposed location showing where the items or
use will be located.
(3) A description of the items that will be placed on the County street.
(4) Dates and hours of proposed use.
(5) The height of any items that will be placed on the County street.
(6) The width of the sidewalk that the activity will occupy and the remaining clear
space.
(7) Written statements of consent from every property owner and lessee directly
fronting the proposed site.
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§ 22-3.7 H AWAI‘I C OUNTY C ODE
(8) An agreement, to be approved by the corporation counsel, which indemnifies,
defends and holds harmless the County of Hawai‘i, its officers and agents
thereof, from all claims, demands, suits, actions, or proceedings of every name,
character, and description which may be brought against the County of
Hawai‘i for or on account of any injuries or damages to any person or property
received or sustained by any person by or in consequence of any act or acts of
the holder of the permit for actions done under the permit.
(9) A certificate of insurance and proof of a public liability insurance policy
approved by corporation counsel naming as an additional insured, the County,
its officers, representatives, employees, and agents covering any claim or
liability for damages, injuries or death resulting from any of the uses
permitted hereunder. The minimum amount of coverage under such policy
shall be $1,000,000 per occurrence. The policy and coverage shall be kept in
force until the proposed use is terminated and the permitted items are
removed from the County street.
(2002, ord 02-67, sec 2.)22-3.7
Section 22-3.8. Sidewalk use permit; criteria for granting.
Unless otherwise prohibited, the director may issue a sidewalk use permit for a
period not to exceed one year if all of the following criteria are met:
(1) The items do not exceed four feet in height.
(2) The use or item will leave a clear width of at least four feet of sidewalk.
(3) The applicant has submitted evidence that demonstrates that the use is for
noncommercial purposes and will promote public welfare.
(4) Written statements of consent from every property owner and lessee directly
fronting the proposed site.
(5) The applicant has executed an agreement to indemnify, defend and hold
harmless the County as provided above, to the satisfaction of the corporation
counsel.
(6) The applicant has submitted a certificate of insurance and proof of a public
liability insurance policy meeting the requirements as provided above, to the
satisfaction of the finance director and the corporation counsel.
(7) The permitted use will not impede or endanger the public’s use, including
persons with disabilities, of the sidewalk area or interfere with vehicular sight
distance at any intersections or driveways.
(2002, ord 02-67, sec 2; am 2024, ord 24-82, sec 7.)22-3.8
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§ 22-3.9 H AWAI‘I C OUNTY C ODE
Division 5. Permit Conditions.
Section 22-3.9. Permit conditions.
In addition to any other conditions imposed by this chapter, all permits issued
pursuant to this article shall be subject to all of the following conditions:
(1) All items shall be removed from the County street during all periods outside of
the permitted times and days as specified in the publication dispenser,
sidewalk use, or special activity permit.
(2) Permittees shall comply with all laws, ordinances and regulations of the
Federal, State and County governments relating to the installation, operation
and maintenance of their permitted items or uses.
(3) Permittees shall be wholly responsible for the repair and maintenance of all
permitted items, including any associated utility improvements.
(4) Only the use described on the permit shall be deemed to be authorized by the
director. Any additional uses shall require additional authorization from the
director.
(5) Should the permitted use, activity or improvement interfere or obstruct any
County facility or other authorized improvements, the permittee shall, at their
own expense either:
(A) Terminate the use and remove the activity or improvement; or
(B) Move the use to a location acceptable to the director.
(6) Should the permitted use, activity or improvement impede or obstruct any
emergency repairs to a County facility or public utility, the permittee
authorizes the use of all necessary action to immediately relocate the
permitted activity, use or improvement and shall make no claim for any
damages that may result from the relocation action.
(7) Any construction work associated with the permits of this article shall also be
subject to the construction requirements of this chapter.
(8) Upon termination of all permits, the permittee shall be responsible for the
restoration of the County street used or occupied by the permittee to a
condition equal to or better than its original condition.
(9) Permittee shall comply with all conditions noted on the issued permit as may
be reasonably necessary for public safety.
(2002, ord 02-67, sec 2; am 2024, ord 24-82, sec 8.)22-3.9
Division 6. Permit Fees.
Section 22-3.10. Fees.
(a) Upon submission of an application for any permit provided for this article,
applicants shall submit a processing fee of $50.
(b) Fees shall be waived for any permit issued to or on behalf of County agencies
including the department of water supply.
(2002, ord 02-67, sec 2; am 2024, ord 24-82, sec 9.)22-3.10
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C OUNTY S TREETS §22-4.1
Article 4. Construction in County Streets.
Division 1. Permitting.
Section 22-4.1. Construction permit required.
Except as otherwise permitted by law, no person shall, in any manner or for any
purpose, alter, break up, dig up, disturb, undermine or dig under or cause to be altered,
broken up, dug up, disturbed, undermined or dug under any County street without
having first obtained a written permit to do so from the director.
Public utilities that have an executed utility franchise, charter, or other legally
binding agreement with the County of Hawai‘i, including provisions of the Hawai‘i
Revised Statutes, are not required to obtain a permit if the County street is altered,
broken up, dug up, disturbed, undermined or dug under as part of an emergency repair
or other urgent work necessary to immediately restore lost service to their customers.
However, a permit for this work must still be obtained on the first County working day
following the emergency repair.
(2002, ord 02-67, sec 2.)22-4.1
Section 22-4.2. Construction permits; application.
Any person or authorized representative who is responsible for the work to be
performed within a County street may apply for a construction permit. Permit
applications shall be submitted upon a form designated by the director and shall include
the following information and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2) General contractor, i.e. name, license number, address, phone number.
(3) A description and map of the location or address of the County street to be
affected.
(4) A plan describing the purpose and nature of the work to be performed on the
County street and a cost estimate for the work.
(5) A description of the dimensions of the area of the County street that will be
affected.
(6) The approximate starting date, duration of work and working hours.
(7) An agreement, to be approved by the corporation counsel, which indemnifies,
defends and holds harmless the County of Hawai‘i, its officers and agents
thereof, from all claims, demands, suits, actions, or proceedings of every name,
character, and description which may be brought against the County of
Hawai‘i for or on account of any injuries or damages to any person or property
received or sustained by any person by or in consequence of any act or acts of
the holder of the permit for actions done under the permit.
SUPP. 17 (1-2025)
22-10.3
§ 22-4.2 H AWAI‘I C OUNTY C ODE
(8) A certificate of insurance and proof of a public liability insurance policy
approved by corporation counsel naming as an additional insured, the County,
its officers, representatives, employees, and agents covering any claim or
liability for damages, injuries or death resulting from any of the uses
permitted hereunder. The minimum amount of coverage under such policy
shall be $1,000,000 per occurrence. The policy and coverage shall be kept in
force until all the work is completed to the satisfaction of the director.
(2002, ord 02-67, sec 2.)22-4.2
Section 22-4.3. Construction permits; criteria for granting.
The director may issue a construction permit for a period not to exceed one year if
all of the following criteria are met:
(1) The applicant has demonstrated that the construction will be in compliance
with the requirements of this article and the other provisions of this chapter.
(2) The applicant has executed an agreement to indemnify, defend and hold
harmless the County as provided above, to the satisfaction of the corporation
counsel.
(3) The applicant has submitted a certificate of insurance and proof of a public
liability insurance policy meeting the requirements as provided above, to the
satisfaction of the finance director and the corporation counsel.
(4) The construction will not impede the public use of the street or endanger
pedestrians including persons with disabilities.
(5) Work within the County street shall be done by appropriately licensed
contractors.
(2002, ord 02-67, sec 2.)22-4.3
Section 22-4.4. Construction permits; conditions.
(a) The applicant shall notify the director at least forty-eight hours before the
commencement of any work within the County street.
(b) The applicant shall maintain public safety while working in a County street by
using barricades, construction signs, markings, warning lights, traffic control
personnel and other devices according to the “Manual on Uniform Traffic Control
Devices for Streets and Highways” on file in the department of public works.
SUPP. 17 (1-2025)
22-10.4
S UBDIVISIONS § 23-106
Section 23-106. Notice.
Upon receipt of an application for a plantation community subdivision, the director
shall fix a date for approval or disapproval of the plantation community subdivision and
notify the applicant. The applicant shall serve notice of the application upon owners of
interests in properties within three hundred feet of the perimeter boundary of the
applicant’s property. The notice shall state:
(1) The name of the applicant.
(2) The nature of the request.
(3) The location of the subject property or properties.
(4) The date by which public comments and comments from the affected agencies
must be submitted to the planning director.
(1994, ord 94-117, sec 2.)23-106
Section 23-107. Appeals.
The applicant or other interested parties may appeal the director’s determination
on the designation to the board of appeals in accordance with its rules.
(1994, ord 94-117, sec 2.)23-107
Section 23-108. Infrastructure.
Notwithstanding any other provisions herein, the requirements of this chapter to
provide infrastructure improvements shall not apply to a subdivider of a plantation
community subdivision, provided that the planning director in consultation with the
director of public works and the manager-chief engineer of the department of water
supply may require the improvements necessary to further the public health and safety.
All of the proposed lots within a plantation community subdivision shall prohibit
the construction of an accessory dwelling unit or second dwelling unit, or any structure
that will further any increase in density of the plantation community subdivision. This
prohibition shall be recorded in the deeds of all the proposed lots with the bureau of
conveyances and shall be submitted to the planning department for review and
approval prior to final subdivision approval. A copy of the approved covenant shall be
recited in an instrument executed by the applicant and the county and recorded with
the bureau of conveyances likewise prior to final subdivision approval.
(1994, ord 94-117, sec 2; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 10;
am 2024, ord 24-70, sec 4.)23-108
Section 23-109. Lots.
The size and configuration of the lots and setback requirements in a plantation
community subdivision are exempt from the provisions of this chapter and chapter 25,
Hawai‘i County Code.
(1994, ord 94-117, sec 2.)23-109
SUPP. 17 (1-2025)
23-37
§ 23-110 H AWAI‘I C OUNTY C ODE
Section 23-110. Agriculture district.
(a) For lands within the State land use agriculture district, lot sizes of less than one
acre may be allowed, provided that:
(1) The planning director designates the subject area as a plantation community
subdivision; and
(2) The area of the proposed subdivision is reclassified into the State land use
urban district.
(b) If the above procedure is not applicable or deemed inappropriate by the planning
director, then the subdivision may be considered under the procedures described in
section 46-15.1 and section 201-210,* Hawai‘i Revised Statutes.
(1994, ord 94-117, sec 2.)23-110
* Editor’s Note: Section 201-210, Hawai‘i Revised Statutes, no longer exists. See section 201G-118, Hawai‘i Revised
Statutes.
Section 23-111. Procedure.
Except as provided in this article, the subdivision process for the plantation
community subdivision shall be required pursuant to this chapter.
(1994, ord 94-117, sec 2.)23-111
Article 10. Farm Subdivisions.
Section 23-112. Purpose.
The purpose of this Article is to allow a person(s) owning property within an
agricultural zoned district by the Hawai‘i County Code to lease the property for
agricultural purposes, provided that structures for residential occupancy or habitation
shall be prohibited. This Article is intended to encourage landowners to provide
affordable agricultural lands which are leased at reduced infrastructural standards
warranted by the prohibition of residential or habitable structures.
(1995, ord 95-136, sec 2.)23-112
Section 23-113. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
(a) “Agriculture” means the care and production of livestock, livestock products,
poultry or poultry products, aquaculture or aquaculture products, apiary,
horticultural, agronomical or floricultural products or the planting, cultivating and
harvesting of crops or trees, including tree farms. Agricultural production may
include but not be limited to land preparation for crop production in accordance
with acceptable agricultural practices.
(b) “Farm subdivision” means leasehold parcels within an agricultural zoned district
having a minimum leasable area of five (5) acres, prohibiting any structures for
temporary, seasonal or permanent residential occupancy or habitation.
(1995, ord 95-136, sec 2.)23-113
23-38
V EHICLES AND T RAFFIC§24-17
(1) The owner of a truck or noncommercial motor vehicle who desires to have the
vehicle tax at the passenger rate shall file a form furnished by the director of
finance certifying that the truck or noncommercial motor vehicle is not being
and will not be operated for compensation or for commercial purposes.
(2) Where the vehicle is currently registered as a commercial vehicle and the
owner wishes to reclassify the vehicle as noncommercial, the owner shall:
(A) File a form furnished by the director of finance certifying that the vehicle
is not being and will not be operated for compensation or for commercial
purposes;
(B) Surrender the vehicle’s current certificate of registration and license
plates; and
(C) Pay a license fee of $5.50 for the passenger vehicle license plates and
emblem.
(c) The rate for trucks or nonpassenger vehicles used for compensation or commercial
purposes or having a net weight of over six thousand five hundred pounds shall be
2 and 1/2 cents per pound for such vehicle. This category includes trucks, truck-
tractors and road tractors, trailers, and semi-trailers.
(d) Any person who is totally disabled due to injuries received while on duty with the
armed forces of the United States may apply for an exemption from the County
motor vehicle weight tax, including minimum tax under section 24-18, for a single
noncommercial vehicle, subject to proof of total service related disability from the
Veterans Administration and approval by the director of finance.
(e) All motor vehicles owned or leased for twelve months or longer by the State or
County and all County-subsidized motor vehicles owned or leased for twelve
months or longer by police officers that are used for travel by the owner or lessee
for official County business shall be exempt from this section, pursuant to section
249-4 of the Hawai‘i Revised Statutes.
(1983 CC, c 24, art 4, sec 24-17; am 2004, ord 04-8, sec 2; am 2004, ord 04-66, sec 2; am
2013, ord 13-83, sec 2; am 2024, ord 24-86, sec 2.)24-17
Section 24-18. Motor vehicle tax; minimum tax; penalties for delinquency.
(a) The minimum tax assessed under section 24-17 shall in no case be less than $12.
(b) Effective July 1, 2009, any vehicle weight tax imposed by section 24-17 for any year
and not paid when due, shall become delinquent and a penalty of $8 for vehicles
taxed at the passenger car rate and $20 for vehicles taxed at the commercial vehicle
rate shall be added to, and become a part of, the tax collected.
(1983 CC, c 24, art 4, sec 24-18; am 1982, ord 795, sec 1; am 2009, ord 09-73, sec 2; am
2013, ord 13-83, sec 3.)24-18
Section 24-19. Vehicle registration fees.
(a) The fee for issuance for a new series of number plates for vehicles shall be $5.
(b) The fee for issuance of a tag or emblem for a vehicle, upon payment of the
applicable tax, in any year shall be 50 cents.
SUPP. 17 (1-2025)
24-13
§ 24-19 H AWAI‘I C OUNTY C ODE
(c) The fee for replacement of a lost or mutilated number plate or plates, tag, or
emblem, shall be as follows:
(1) Number plates, $5.
(2) Tag or emblem, 50 cents.
(d) The transfer of ownership fee for issuance of a new certificate of ownership shall be
$5.
(e) The transfer fee for issuance of a new certificate of registration on a trailer shall be
$5.
(f) The fee for dealer correction for each instance of correction of the registration
record shall be $5.
(g) The fee for duplicate certificate of registration or certificate of ownership shall
be $5.
(h) A fee of $1 per certificate of registration shall be assessed and collected annually
together with other applicable vehicle taxes and fees, to be used for highway
beautification and disposal of abandoned vehicles.
(i) An annual fee of $12 per vehicle shall be charged for each vehicle registration,
which shall be paid at the same time as the motor vehicle tax paid pursuant to
section 24-17 of this chapter. The proceeds from this fee shall be allocated to
establish a fund for the towing, removal, disposal and recycling of abandoned or
discarded automobiles and automobile parts, and such fund entitled “vehicle
disposal fund” is hereby established.
(j) An annual County registration fee of $12 per vehicle shall be charged for each
vehicle registration, which shall be paid at the same time as the motor vehicle tax
paid pursuant to section 24-17 of this chapter.
(k) Any person who is totally disabled due to injuries received while on duty with the
armed forces of the United States may apply for an exemption from subsections (a),
(b), (h), (i), and (j) of this section, for a single noncommercial vehicle, subject to
proof of total service related disability from the Veterans Administration and
approval by the director of finance.
(l) All motor vehicles owned or leased for twelve months or longer by the State or
County and all County-subsidized motor vehicles owned or leased for twelve
months or longer by police officers that are used for travel by the owner or lessee
for official County business shall be exempt from subsections (b), (h), (i), and (j) of
this section.
(1983 CC, c 24, art 4, sec 24-19; am 1982, ord 817, sec 1; am 1985, ord 85-59, sec l; am
1989, ord 89-51, sec 1; am 1994, ord 94-46, sec 2; am 2002, ord 02-90, sec 2; am 2003,
ord 03-32, sec 2; am 2004, ord 04-8, sec 3; am 2013, ord 13-83, sec 4; am 2024, ord 24-86,
sec 3.)24-19
SUPP. 17 (1-2025)
24-13.1
V EHICLES AND T RAFFIC
This page intentionally left blank.
SUPP. 17 (1-2025)
24-13.2
§ 24-20 H AWAI‘I C OUNTY C ODE
Section 24-20. Motor vehicle driver's permit and license fees.
The following fees are established for the application and renewal of motor vehicle
instruction permits and driver's licenses:
(a) Application for instruction permit, $10.
(b) Application for driver's license or out-of-state transfer:
(1) Application for driver's license (not chargeable if applicant presents evidence
of having paid to Hawai‘i County the application for instruction permit
fee), $1.
(2) Application for out-of-state transfer with a valid out-of-state license, $4.
(c) Reinstatement fee (payable upon the restoration of any license which has been
suspended), $50.
(d) Driver’s license valid for one year, $5.
(e) Renewal of driver’s license valid for one year, $5.
(f) Driver's license valid for two years, $10.
(g) Renewal of driver's license valid for two years, $10.
(h) Driver's license valid for four years, $20.
(i) Renewal of driver's license valid for four years, $20.
Intentionally left blank.
SUPP. 17 (1-2025)
24-14
V EHICLES AND T RAFFIC§ 24-255
(c) South Hilo (Continued Subdivision included at end)
(Continued):
terminus.
terminus.
(Subdivisions included at end)
:
Melia Street, from Kukui Road to Milo Road.
Milo Road, from Melia Street to Kukui Road.
:
way.
Hala Street.
Hapu Street.
Hau Street.
Huapala Street.
Ilima Street.
hundred fifty feet east of Koali Street.
Kaumahana Street.
Kou Street.
Lehua Street.
Pakalana Street.
Puahala Street.
Pumeli Street.
24A-7
§ 24-255 H AWAI‘I C OUNTY C ODE
(e) Kohala
Akoni Pule Highway, makai side, from a point thirty-nine thousand
fifty feet northeast of Pololu Valley Lookout to the HWY 250
intersection.
Akoni Pule Highway, makai side, from a point twenty-six thousand
nine hundred ninety-seven feet northeast of Pololu Valley Lookout and
extending three thousand seven hundred forty-five feet in the
northwesterly direction.
Akoni Pule Highway, mauka side, from a point nine thousand seven
hundred ninety-four feet southeast of HWY 250 and extending three
thousand three hundred sixty feet in the southeasterly direction.
Akoni Pule Highway, mauka side, from the HWY 250 intersection and
extending one thousand three hundred eight feet in the southeasterly
direction.
Paniolo Avenue, from Waikoloa Road to Paniolo Place.
Dump Road southerly to its terminus.
(f) Kona
Ali‘i Drive, from the property line between parcels 7-8-014:005 and
7-8-
Hawai‘i Belt Road (Highway 11), from a point two hundred thirty-five
feet north of Haukapila Street to a point one thousand feet south of
Hale Ke‘eke‘e Place.
Hawai‘i Belt Road (Highway 11), from the terminus of the State
Highway in Honalo to a point five thousand one hundred feet in the
southerly direction.
Highway.
Kealakaa Street.
Keanalehu Drive.
Keauhou Bay Resort area, North Kona:
‘Ehukai Street.
The cul-de-sac street off Kamehameha III Road in Area 5.
Kamehameha III Road, makai of Ali‘i Drive.
Unnamed south access road (Access Road B) from Ali‘i Drive into the
Keauhou Bay area.
Kuakini Highway, beginning at a point four hundred feet south of
Road to its terminus at the Old Kona Airport.
Manawale‘a Street.
SUPP.17 (1-2025)
24A-8
V EHICLES AND T RAFFIC§ 24-255
(f) Kona(Continued)
Miloli‘i Access Road, from State Highway Route 11 to a point four miles
in the westerly direction.
Palani Road, from Queen Ka‘ahumanu Highway to Kuakini Highway.
(g) Puna
Alaula Street.
‘Ale Road.
southerly direction.
Ali‘i Koa Street.
Amaumau Road.
Anuhea Street.
Haunani Road, from Highway 11 to a point six hundred thirty-five feet
northwest of Maile Avenue.
Huina Road, beginning at a point 0.8 mile west of Volcano Highway and
extending 1.6 miles to Luhi Road.
Kahakai Boulevard, from the property line between parcels 1-5-9:09
and 1-5-9:59 and extending fifty eight feet northeast of ‘A‘ama Street.
Kukui Camp Road, from the Hawai‘i Belt Road to its terminus.
Mahi‘ai Road, from its northeastern terminus to Amaumau Road.
Moho Road
Mokuna Street.
North Ala Road, Route 11 to Huina Road.
North Glenwood Road, from Route 11 to a point 2.2 miles in the
westerly direction.
North Kulani Road, Route 11 to Pacific Paradise Gardens Subdivision.
Old Volcano Highway, in Volcano Village.
Old Volcano Road.
Old Volcano Road in Kea‘au Village, from its intersection with Highway
11, approximately 0.2 mile north of Mile Post 8, and extending in a
northerly direction to its intersection with Kea‘au Loop Road, in the
vicinity of Mile Post 7.
‘Opihikao-
and Route 137.
‘Opihikao-
Route 130.
SUPP. 17 (1-2025)
24A-9
§ 24-255 H AWAI‘I C OUNTY C ODE
(g) Puna(Continued)
Pa Ali‘i Street.
-Kalapana Road junction.
for its entire length.
Pohoiki Road, between a point 1.55 miles makai of Route 132 and
Route137.
18-1 to its southeastern terminus.
parcels 1-8-086:026 and 1-8-086:027.
Wright Road, from a point six thousand six hundred eighty-five feet
northwest of Olomea road to its northwestern terminus.
Wright Road, from its southeastern terminus to Olomea Road.
(1996, ord 96-163, sec 2; am 1996, ord 96-145, sec 2; am 1997, ord 97-2, sec 2; ord
97-76, sec 1; ord 97-94, sec 1; ord 97-97, sec 1; am 1998, ord 98-131, secs 1 and 2;
am 1999, ord 99-65, secs 7 and 8; ord 99-85, sec 2; ord 99-135, sec 2; am 2000, ord
00-39, sec 1; am 2001, ord 01-62, sec 2; ord 01-96, sec 2; am 2008, ord 08-63, sec
2; am 2009, ord 09-24, sec 1; ord 09-61, sec 1; ord 09-95, sec 1; ord 09-98, sec 1;
ord 09-99, sec 1; ord 09-130, sec 2; ord 09-134, sec 2; am 2010, ord 10-39, sec 1;
ord 10-40, sec 1; ord 10-41, sec 1; ord 10-86, sec 1; am 2012, ord 12-60, sec 2; ord
12-71, sec 2; ord 12-117, secs 2 and 3; ord 12-166, sec 2; ord 12-167, sec 2; am
2013, ord 13-55, secs 2 and 3; am 2014, ord 14-26, sec 2; ord 14-45, sec 2; ord
14-93, secs 2 and 3; am 2015, ord 15-21, secs 2 and 3; ord 15-108, sec 3; am 2016,
ord 16-64, sec 2; am 2017, ord 17-60, sec 2; am 2023, ord 23-58, sec 3; am 2024,
ord 24-15, sec 2; am 2024, ord 24-88, sec 2.)24-255
Intentionally left blank.
SUPP. 17 (1-2025)
24A-10
V EHICLES AND T RAFFIC§ 24-255
This page intentionally left blank.
SUPP. 17 (1-2025)
24A-10.1
§ 24-256 H AWAI‘I C OUNTY C ODE
Section 24-256. Schedule 4. 30 mile per hour limit.
A speed limit of thirty miles per hour is established as set forth in this schedule
upon the streets or portions of streets following:
Mauna Kea Road, from a point 2.46 miles north of the Saddle Road
(b) North Hilo
(c) South Hilo
Hoaka Road, Ainaola Drive to Malaai Road.
southwest of Kahikini Street.
Lama Street, Kanoelehua Street to Railroad Avenue.
Makalika Street, Kanoelehua Street to Railroad Avenue.
2.6miles towards South Point Road.
Intentionally left blank.
SUPP. 17 (1-2025)
24A-10.2
V EHICLES AND T RAFFIC§ 24-257
(c) South Hilo (Continued)
Kalaniana‘ole Street, from Kamehameha Avenue to James Kealoha
Park Access Road.
Kamehameha Avenue, from Ponahawai Street to Route 19, in the
vicinity of the old Hilo Iron Works.
Kawailani Street, from a point one hundred sixty-five feet east of
MakaniCircle to Highway 11.
Kino‘ole Street, from Haihai Street to Ponahawai Street.
Komohana Street, from Ainaola Drive to Puainako Street.
Kahikini Street to its southwestern terminus.
Andrade Camp Road toward Hilo to its junction with the Hawai‘i Belt
Mohouli Street, from Komohana Street to Kino‘ole Street.
Puainako Street, westbound lane, from a point four hundred fifty feet
from a point 3.57 miles east of Wilder Road to Komohana Street.
Streetto its southern terminus.
Saddle Road, from Country Club Drive to the 18.8 mile point.
Stainback Highway, Route 11 to a point eight hundred ninety feet west
of thePana‘ewa Zoo access road.
South Point Road.
(e) Kohala
Akoni Pule Highway, makai side, from a point thirty thousand seven
hundred forty-two feet northeast of Pololu Valley Lookout and
extending eight thousand three hundred eight feet in the northwesterly
direction.
SUPP. 17 (1-2025)
24A-13
§ 24-257 H AWAI‘I C OUNTY C ODE
(e) Kohala(Continued)
Akoni Pule Highway, makai side, from the end of road at Pololu Valley
Lookout and extending twenty-six thousand nine hundred ninety-seven
feet in the northwesterly direction.
Akoni Pule Highway, mauka side, from a point one thousand three
hundred eight feet southeast of HWY 250 and extending eight thousand
four hundred eighty-six feet in the southeasterly direction.
Akoni Pule Highway, mauka side, from a point thirteen thousand one
hundred fifty-four feet southeast of HWY 250 and extending to the end
of road at Pololu Valley Lookout.
the County-maintained portion eighty-one feet south of Lalamilo Farm
Road.
two hundred feet.
Paniolo Avenue from Paniolo Place to its terminus.
five hundred feet makai of the Rubbish Dump Road.
Waikoloa Road, beginning at ‘Auwaiakeakua Gulch Bridge and
extending 1.1 miles in the mauka direction.
(f) Kona
Highway.
Hina-
Hiona Street.
Ka‘iminani Drive, to Highway 190.
Ka‘iminani Drive, from Highway 19 to Lau‘i Street.
Ka‘iminani Drive, Queen Ka‘ahumanu Highway to Lau‘i Street.
Kaloko Drive, from the Hawai‘i Belt Road (Route 190) to a point .5 mile
in the easterly direction.
Kamehameha III Road, from Kuakini Highway to Ali‘i Drive.
Road to the property line between the parcels identified as Tax Map
Key Numbers (3) 7-5-017:005 and (3) 7-5-017:002.
Ka‘ahumanu Highway.
(g) Puna
Ainaloa Boulevard, from Highway 130 to Stardust Drive.
SUPP. 17 (1-2025)
24A-14
V EHICLES AND T RAFFIC§ 24-257
(g) Puna(Continued)
Kahakai Boulevard, from a point fifty eight feet northeast of ‘A‘ama
Street to its northeastern terminus.
Kalapana-Kapoho Beach Road, from its northern terminus to Kapoho
Kai Drive.
Leilani Estates Avenue.
‘Opihikao-
the makai direction.
-Kapoho Road, from a point seven hundred fifty feet west of
Kalapana-Kapoho Beach Road to its eastern terminus.
Pohoiki Road, between Route 132 and a point 1.55 miles in the makai
direction.
Route 132, from Route 130 to the Pohoiki Road Junction.
South Glenwood Road, from Route 11, to a point 0.86 mile in the
southeasterly direction.
South Kopua Road.
-8-086:026
and 1-8-086:027 and extending three hundred feet northwest of
Bridge18-1.
Wright Road, from Olomea Road and extending six thousand six
hundred eighty-five feet northwest of Olomea Road.
(1996, ord 96-163, sec 2; am 1997, ord 97-2, sec 1; ord 97-94, sec 2; ord 97-96, sec
1; am 1998, ord 98-42, sec 1; ord 98-101, sec 1; am 1999, ord 99-84, sec 1; ord 99-
135, sec 3; am 2000, ord 00-39, sec 2; ord 00-96, secs 1 and 2; am 2001, ord 01-62,
sec 3; am 2003, ord 03-8, secs 1 and 2; ord 03-95, sec 2; am 2009, ord 09-12, sec 1;
am 2010, ord 10-78, sec 1; ord 10-86, sec 2; am 2012, ord 12-61, sec 2; ord 12-100,
sec 2; ord 12-118, sec 2; am 2013, ord 13-33, sec 2; ord 13-54, sec 2; am 2014, ord
14-27, sec 2; am 2015, ord 15-28, sec 2; ord 15-108, sec 2; am 2016, ord 16-53, sec
2; ord 16-64, sec 3; am 2017, ord 17-10, sec 2; ord 17-60, sec 3; am 2018, ord
18-38, secs 1 and 2; am 2019, ord 19-41, sec 1; am 2024, ord 24-15, sec 3; am
2024, ord 24-88, sec 3.) 24-257
Section 24-258. Schedule 6. Reserved.*
* Editor's Note: Since this schedule duplicated schedule 5, the streets listed under this schedule were moved to
schedule 5.24-258
Section 24-259. Schedule 7. 40 mile per hour limit.
A speed limit of forty miles per hour is established as set forth in this schedule
upon the streets and portions of streets as follows:
SUPP. 17 (1-2025)
24A-15
§ 24-259 H AWAI‘I C OUNTY C ODE
Honoka‘a-Waipi‘o Road, makai side, from Highway 19 to a point three
thousand eight hundred thirty feet in the northwesterly direction.
Honoka‘a-Waipi‘o Road, mauka side, from a point three thousand four
hundred eighty-six feet (0.7 miles) southeast of Lehua Street to
Highway 19.
Mauna Kea Road, from Saddle Road intersection to a point 2.45 miles
north.
(b) North Hilo
(c) South Hilo
Ponahawai Street, from a point 0.2 mile mauka of Kapi‘olani Street to
Komohana Street.
Puainako Street, westbound lane, from a point 3.30 miles west of
Komohana
Drive and eastbound lane from its western terminus to a point 0.46
mile east of Wilder Road.
Road.
(e) Kohala
(f) Kona
Kaloko Drive, from a point .5 mile east of Hawai‘i Belt Road (Route 190)
to its eastern terminus.
(g) Puna
(1996, ord 96-163, sec 2; am 1997, ord 97-97, sec 3; am 1998, ord 98-101, sec 2;
ord 98-131, secs 5 and 6; am 2010, ord 10-78, sec 2; am 2024, ord 24-15, sec 4.)24-259
Section 24-260. Schedule 8. 45 mile per hour limit.
A speed limit of forty-five miles per hour is established as set forth in this schedule
upon the streets and portions of streets as follows:
Honoka‘a-Waipi‘o Road, makai side, from a point nine thousand seven
hundred sixty-three feet (1.8 miles) northwest of Lehua Street and
extending eight thousand eight hundred ninety-two feet in the
northwesterly direction.
SUPP. 17 (1-2025)
24A-15.1
V EHICLES AND T RAFFIC§ 24-260
(Continued)
Honoka‘a-Waipi‘o Road, makai side, from a point thirty-five thousand
one hundred forty feet (6.7 miles) northwest of Lehua Street and
extending four thousand six hundred ninety-eight feet in the
northwesterly direction.
Honoka‘a-Waipi‘o Road, makai side, from a point twenty-three
thousand nine hundred ninety-six feet (4.5 miles) northwest of Lehua
Street and extending eight thousand two feet in the northwesterly
direction.
Honoka‘a-Waipi‘o Road, makai side, from a point two thousand five
hundred fifteen feet (0.5 miles) northwest of Lehua Street and
extending six thousand forty-eight feet in the northwesterly direction.
Honoka‘a-Waipi‘o Road, mauka side, from a point eight thousand nine
hundred twenty-four feet (1.7 miles) southeast of Waipi‘o Valley Road
and extending eight thousand three hundred ninety-four feet in the
southeasterly direction.
Honoka‘a-Waipi‘o Road, mauka side, from a point thirty-two thousand
seven hundred eighty-three feet (6.2 miles) southeast of Waipi‘o Valley
Road and extending six thousand fifty-four feet in the southeasterly
direction.
Honoka‘a-Waipi‘o Road, mauka side, from a point twenty-two thousand
four hundred fifteen feet (4.2 miles) southeast of Waipi‘o Valley Road
and extending nine thousand one hundred fifty-eight feet in the
southeasterly direction.
Honoka‘a-Waipi‘o Road, mauka side, from the intersection of Waipi‘o
Valley Road to a point five thousand nine hundred fifteen feet in the
easterly direction.
(b) North Hilo
(c) South Hilo
Komohana Street, from Puainako Street to Ponahawai Street.
Mohouli Street, Komohana Street to Uluwai Street.
Puainako Street, eastbound lane, from a point 3.44 miles east of Wilder
Road to a point seven hundred feet in the easterly direction.
(e) Kohala
thousand five hundred feet Honoka‘a (Fukushima Store) of the Waimea
South Kohala.
SUPP. 17 (1-2025)
24A-15.2
§ 24-260 H AWAI‘I C OUNTY C ODE
(e)Kohala(Continued)
Waikoloa Road, from a point 1.1 miles mauka of ‘Auwaiakeakua Gulch
Bridge and extending 1.7 miles in the mauka direction.
Waikoloa Road, Queen Ka‘ahumanu Highway to ‘Auwaiakeakua Gulch
Bridge.
(f) Kona
Hina-Lani Street, Anini Street to Kamanu Street.
Ka‘iminani Drive, Lau‘i Street.
Kuakini Highway, from the property line between the parcels identified
as Tax Map Key Numbers (3) 7-5-017:005 and (3) 7-5-017:002 to
Highway 11.
(g) Puna
Kahakai Boulevard, Highway 130 to the property line between parcels
1-5-9:09 and 1-5-9:59.
Kalapana-Kapoho Beach Road, from Kapoho Kai Drive and extending
six thousand three hundred sixty-one feet in the southerly direction.
Connection.
(1996, ord 96-163, sec 2; am 1998, ord 98-42, sec 2; ord 98-88, sec 1; ord 98-130,
sec 1; am 1999, ord 99-84, sec 2; am 2000, ord 00-96, sec 3; am 2003, ord 03-8, sec
3; am 2009, ord 09-11, sec 1; am 2010, ord 10-78, sec 3; ord 10-86, sec 3; am 2012,
ord 12-62, sec 2; ord 12-115, sec 2; am 2013, ord 13-53, sec 2; am 2016, ord 16-52,
sec 2; am 2017, ord 17-11, sec 2; am 2018, ord 18-39, sec 1; am 2024, ord 24-15,
sec 5.) 24-260
Section 24-261. Schedule 9. Reserved.*
* Editor's Note:Since this schedule duplicated schedule 8, the streets listed under this schedule were moved to
schedule 8. 24-261
Section 24-262. Schedule 10. 50 mile per hour limit.
A speed limit of fifty miles per hour is established as set forth in this schedule upon
the streets or portions of streets as follows:
(b) North Hilo
SUPP. 17 (1-2025)
24A-16
V EHICLES AND T RAFFIC§ 24-278
(c) South Hilo
Street, during the school hours of 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to
3:00 p.m., except at marked crosswalks.
(e) Kohala
(f) Kona
(g) Puna
(1996, ord 96-163, sec 2; am 2010, ord 10-82, sec 1; am 2013, ord 13-52, sec 2.)24-
278
Division 5. Parking.
Section 24-279. Schedule 27. Parking on pavement prohibited at all times.
When signs are erected giving notice thereof, no person shall at any time park a
vehicle upon any of the following described streets or portions of streets:
Loke Street, both sides, between Ohia Street and Miulana Place.
(b) North Hilo
(c) South Hilo
Desha Avenue, both sides, between Andrews Avenue and Baker
Avenue.
Government Road (TMK 2-7-
five hundred fifty-
Western terminus.
Government Road (TMK 2-7-029), South Hilo side.
one hundred sixty-eight feet in the southeasterly direction.
Ka‘ie‘ie Homestead Road, for its entire length.
Road and ending at the unnamed roadway leading into Onomea Park
Subdivision.
Pukihae Street, for its entire length.
SUPP. 4 (7-2018)
24A-47
§ 24-279 H AWAI‘I C OUNTY C ODE
Government Road, east side, from a point two hundred and three feet
south of Ninole Loop Road and extending one hundred ten feet in the
northern direction.
(e) Kohala
Kaomoloa Road, from Highway 190 to Kaleiohu Street.
Opelo Road, east side, from a point fifty feet north of Kawaihae Road
and extending one hundred ninety-two feet in the northerly direction.
Opelo Road, east side, from a point four hundred ninety-two feet north
of Kawaihae Road and extending one hundred eight feet in the
northerly direction.
Opelo Road, east side, from a point four hundred thirteen feet north of
Kawaihae Road and extending twenty-two feet in the northerly
direction.
Opelo Road, west side, from a point four hundred fifty-two feet north of
Kawaihae Road and extending forty feet in the northerly direction.
Opelo Road, west side, from a point one hundred fifteen feet north of
Kawaihae Road and extending one hundred and seven feet in the
northerly direction.
Pomaika'i Place, both sides, for its entire length.
(f) Kona
Ahikawa Street.
Ali‘i Drive from Disappearing Sands Beach to the County park adjacent
to Keauhou Hotel, except as provided in schedule 28, sections 24-
280(d)(9) and (d)(10).
Belt Highway, mauka side, beginning at station 30+30 and extending
four hundred thirty-five feet in the southerly direction to the Phillips 66
service station in Kainaliu.
Kilohana Street, east side, from a point seventy-one feet north of Sunset
Drive to a point one hundred seventy-four feet south of Ailina Street.
Kilohana Street, west side, from a point one hundred eighty-seven feet
south of Ailina Street to Sunset Drive.
Tanaka Subdivision in Kealakekua, South Kona.
Marlin Road.
Ono Road.
Puuhalo Street, from a point thirty-five feet northwest of Konalani
Street to a point thirty-five feet southeast of Palihiolo Street, both sides.
SUPP. 17 (1-2025)
24A-48
V EHICLES AND T RAFFIC§ 24-279
(g) Puna
Kalapana-Kapoho Beach Road, on the north (mauka) side, from a point
four hundred feet southwest of Oliana Drive and extending four
hundred fifty feet in the southwesterly direction.
Kalapana-Kapoho Beach Road, on the north (mauka) side, from a point
one thousand feet southwest of Oliana Drive and extending one
hundred fifty feet in the southwesterly direction.
Kalapana-Kapoho Beach Road, on the north (mauka) side, from a point
one thousand three hundred eighty-five feet southwest of Oliana Drive
and extending four hundred forty-five feet in the southwesterly
direction.
Kalapana-Kapoho Beach Road, on the south (makai) side, from Oliana
Drive to the Kehena Beach Parking Lot.
(1996, ord 96-163, sec 2; am 1997, ord 97-141, sec 1; am 2008, ord 08-41, sec 1;
am 2014, ord 14-104, sec 2; am 2015, ord 15-3, sec 2; ord 15-90, sec 2; am 2018,
ord 18-19, sec 1; ord 18-37, sec 1; am 2022, ord 22-15, sec 1; am 2024, ord 24-20,
sec 2; ord 24-30, sec 2; ord 24-89, sec 2.)24-279
Intentionally left blank.
SUPP. 17 (1-2025)
24A-48.1
§ 24-280 H AWAI‘I C OUNTY C ODE
Section 24-280. Schedule 28. No parking at anytime.
When signs are erected giving notice thereof, no person shall at any time park a
vehicle upon any of the following described streets or portion of streets:
Kika Street, Waipi‘o side, in Honoka‘a.
Ko‘a Street, makai side, in Honoka‘a.
Koniaka Place, for its entire length.
Kukui Street, beginning at Pakalana Street and extending five hundred
ninety feet in the easterly direction.
one hundred seventy feet in the mauka direction.
Hawai‘i Belt Road (Project DF-019-2(5)) in Pa‘auilo.
Old Mamalahoa Highway (Route 222), beginning from 3.7 miles east of
the northwest junction to Highway 19 and extending one thousand five
hundred and nine feet in the easterly direction on both sides of the
roadway.
hundred feet mauka of Kukui Street.
Plumeria Street, Waipio side, in Honoka‘a.
Intentionally left blank.
SUPP. 15 (1-2024)
24A-48.2
V EHICLES AND T RAFFIC§ 24-280
extending mauka for approximately five hundred thirty-five feet to the
Old Government Road makai of Maile Street.
(e) Kohala
Emmalani Street, both sides, for its entire length.
to Route 270, starting from Route 270 and extending mauka for a
distance of three hundred feet.
thousand one hundred ninety feet southwest of Lindsey Road and
extending three hundred thirty feet in the northeasterly direction.
Honomakua Road at Kohala High and Elementary School, from the exit
driveway of the school cottage to the makai boundary of the school
property.
Hooko Street, both sides, from Paniolo Avenue and extending three
hundred thirty feet in the westerly direction.
Hulukupuna Street, Kona side, from Emmalani Street for a distance of
one hundred twenty-five feet in the makai direction.
Ka-Uhiwai Street, west side, for its entire length.
Lanikila Street, west side, for its entire length.
Lindsey Road, both sides, beginning at Route 19 and extending two
hundred fifty feet in the northerly direction, except along the passenger
loading zone fronting Parker School.
Lua-Kula Street, north side, beginning at Paniolo Avenue and
extending six hundred eighty feet in the westerly direction and from a
point two thousand thirty-four feet west of Paniolo Avenue to a point
four hundred feet in the northerly direction, and south side from
Paniolo Avenue to Melia Street.
Mahina Street, west side, for its entire length.
extending four hundred ninety-five feet in the Hilo direction.
Opelo Road, east side, from a point four hundred thirty-five feet north
of Kawaihae Road and extending fifty-seven feet in the northerly
direction.
Opelo Road, east side, from a point two hundred forty-two feet north of
Kawaihae Road and extending one hundred seventy-one feet in the
northerly direction.
SUPP. 17 (1-2025)
24A-57
§ 24-280 H AWAI‘I C OUNTY C ODE
(e) Kohala (Continued)
Opelo Road, west side, from a point two hundred twenty-two feet north
of Kawaihae Road and extending two hundred thirty feet in the
northerly direction.
Opelo Road, west side, from the Kawaihae Road intersection and
extending one hundred fifteen feet in the northerly direction.
Pa‘akea Street, east side, for its entire length.
Paniolo Avenue.
Paniolo Avenue, from Waikoloa Road to a point four hundred fifty feet
north of Lua Kula Street.
Paniolo Place, north side.
-quarter miles
west of Queen Ka'ahumanu Highway and extending seven hundred
seventy feet in the westerly direction.
Route 19, northeast side, from a point two hundred forty-four feet
northwest of the Route 19/Route 190 junction and extending five
hundred thirty-seven feet in the northwesterly direction.
Route 19, southwest side, from the Route 19/Route 190 junction and
extending seven hundred forty-two feet in the northwesterly direction.
‘Uala Street, west side, for its entire length.
(f) Kona
Alii Drive, east (mauka) side, from a point five hundred eighty-one feet
south of Mkole Street and extending sixty-eight feet north of
MkoleStreet.
Alii Drive, east (mauka) side, from a point forty-two feet south of the
southern intersection of Kahakai Road with Alii Drive and extending
two hundred three feet north of Walua Road.
Ali‘i Drive, east (mauka) side, from a point three hundred nine feet
thirty-
Ali‘i Drive in Kailua-Kona, makai side, between Kailua Bay Wharf and
Ali‘i Drive in Kailua-Kona, makai side, from a point approximately four
Kailua-Keauhou Middle Road, in the vicinity of the Kona Hilton Hotel.
Ali‘i Drive in Kona, makai side, beginning at a point one hundred thirty
feet south of the southern driveway of the Kona Isle Condominium and
extending three hundred thirty-six feet in a northerly direction.
Ali‘i Drive, makai side, beginning at a point five hundred feet Ka'u side
of Lunapule Road and extending three hundred fifty feet in the Ka'u
direction.
Ali‘i Drive, makai side, for a distance of one hundred feet on either side
of each driveway into Kahalu‘u Beach Park.
SUPP. 17 (1-2025)
24A-58
V EHICLES AND T RAFFIC§ 24-280
(f) Kona (Continued)
Ali‘i Drive, makai side, for a distance of one hundred feet on either side
of each driveway to the Kona Magic Sands Apartment building and the
driveway to White Sands Beach.
Ali‘i Drive, northeast (mauka) side, from Kamehameha III Road and
extending eight hundred forty-six feet northwest of Alii Highway.
Alii Drive, northeast (mauka) side, from a point nine hundred forty-
four feet southeast of Lunapule Road and extending four hundred sixty-
nine feet southeast of Lunapule Road.
Alii Drive, northeast (mauka) side, from a point ninety feet south of the
northern intersection of Kahakai Road with Alii Drive to its northern
terminus, except for the parking in the curb cut-out fronting parcels
identified by Tax Map Key Numbers (3) 7-5-009:028 and 7-5-009:043
and the signed and marked loading zones outside of the designated
loading zone times.
Alii Drive, northeast (mauka) side, from a point seven hundred eighty
feet southeast of Queen Kalama Avenue and extending two thousand
nine hundred five feet southeast of Royal Poinciana Drive.
Alii Drive, northeast (mauka) side, from a point two thousand six
hundred ninety-five feet southeast of Royal Poinciana Drive and
extending seventy-five feet northwest of Royal Poinciana Drive, except
for the parking fronting the parcel identified by Tax Map Key Number
(3) 7-6-015:009.
Alii Drive, northeast (mauka) side, from the property line between
parcels identified by Tax Map Key Numbers (3) 7-5-020:072 and 7-5-
020:073 and extending two thousand nine hundred thirty-five feet
southeast of Lunapule Road.
Ali‘i Drive, west (makai) side,from a point one hundred feet south of
Makolea Street and extending six hundred twenty-two feet north of
Makolea Street.
Alii Drive, west (makai) side, from a point nine hundred thirty-six feet
north of Makolea Street and extending thirty-three feet in northerly
direction.
Alii Drive, west (makai) side, from a point seven hundred eighty-one
feet north of Makolea street and extending seventy-three feet in a
northerly direction.
Alii Drive, west (makai) side, from a point two thousand six feet north
of La‘aloa Avenue and extending twenty-eight feet in a northerly
direction.
Belt Highway, mauka side, beginning at Station 8+00 across the Honalo
Shopping Center and extending 0.4 mile in the southerly direction.
Captain Cook, on the west side of Route 11, beginning at a point 0.15
distance of four hundred feet in a southerly direction.
Haleki‘i Street, both sides, from a point four hundred ten feet west of
Muli Street and extending one hundred sixty feet in the westerly
direction.
SUPP. 17 (1-2025)
24A-59
§ 24-280 H AWAI‘I C OUNTY C ODE
(f) Kona (Continued)
Hanama Place, from its terminus to a point one hundred eighty feet in
the southerly direction, except the fifty-five foot section on the makai
side fronting the Kailua Trade Center.
Hanama Place, on the southeast side from Kuakini Highway and
extending makai for a distance of four hundred feet.
Hina-Lani Street, from Queen Ka‘ahumanu Highway to Ane
extending three hundred fifty feet west.
seventeen feet in the northerly direction.
Kahakai Road, both sides, except thesix hundred forty foot section on
the mauka side fronting the Kona Hilton Hotel parking lot.
Kahauloa Road, north (makai) side.
Kahauloa Road, south (mauka) side, from a point five feet west of
Kahauloa Street to its western terminus.
Kahauloa Road, south (mauka) side, from Puuhonua Road and
extending eighty feet in the westerly direction.
Kahauloa Street, north (makai) side.
Kahauloa Street, south (mauka) side, from a point seventy-two feet
west of Manini Beach Road to its western terminus.
Kahauloa Street, south (mauka) side, from Kahauloa Road to a point
thirty-six feet west of Manini Beach Road.
Kailua Bay seawall, extending forty feet eastward along the seawall
from the western end of the seawall beside the Kailua Wharf in Kailua-
Kona.
Kaiminani Drive, north side, from a point seventy-five feet southeast of
Anapau Place and extending to a point sixty-nine feet northwest of
Waikane Place.
Kaiminani Drive, south side, from a point fifty-one feet southeast of
Waikane Place and extending to a point three hundred ninety-nine feet
northwest of Waikane Place.
Kaiwi Street, on the Ka'u (easterly) side, from a point thirty feet north
of the driveway into Hawaii Electric Light Company and extending
southerly to Pawai Place.
Kaiwi Street, on the Kohala Side, beginning at Kuakini Highway and
extending four hundred feet in the mauka direction.
Kakina Lane, both sides, in Kailua-Kona.
Kalawa Street, southwest (makai) side, from Kalani Street to its
southeastern terminus.
Kealakaa Street, northeast side, beginning at Palani Road and
extending two hundred two feet in the westerly direction.
SUPP. 17 (1-2025)
24A-60
V EHICLES AND T RAFFIC§ 24-280
(f) Kona (Continued)
Kealakaa Street, southwest side, beginning at Palani Road and
extending four hundred eight feet in the northwesterly direction.
Kinue Street, Ka'u side, in Kealakekua.
Kona Hospital Road in Kealakekua, both sides.
Kopiko Street, on the north side, beginning at Palani Road and
extending three hundred eighty feet in the easterly direction toward the
Lanihau Shopping Center.
Kopiko Street, on the south side, beginning at the Lanihau Shopping
Center property line and extending two hundred ten feet in the
southerly direction.
Kuakini Highway, between Palani Road and Old Kona Airport.
Kuakini Highway, makai side, between Palani Road and Likana Lane.
Lako Street, from Kuakini Highway to its western terminus.
Likana Lane in Kailua-Kona, both sides, from Ali‘i Drive north for a
distance of one hundred fifty-seven feet and on the mauka side for the
remainder of the lane.
of the National Guard Armory Road and extending southward for a
distance of one hundred fifty feet.
extending one hundred forty-two feet in the northerly direction.
direction.
Manawale‘a Street, both sides.
Manini Beach Road, east (mauka) side, from a point nine hundred
seventy feet south of Puuhonua Road to Kahauloa Road.
Manini Beach Road, north (makai) side, from Puuhonua Road and
extending eight hundred fifty-five feet in the southwesterly direction.
Manini Beach Road, south (mauka) side, from Puuhonua Road and
extending nine hundred five feet in the southwesterly direction.
Manini Beach Road, west (makai) side, from a point one thousand feet
south of Puuhonua Road and extending one hundred twenty-five feet in
the southerly direction.
Manini Beach Road, west (makai) side, from a point one thousand one
hundred fifty feet south of Puuhonua Road and extending fifty feet in
the southerly direction.
Manini Beach Road, west (makai) side, from a point one thousand two
hundred forty feet south of Puuhonua Road to Kahauloa Road.
Melelina Street, on the makai side between Nani Kailua Drive and
Aloha Kona Drive.
SUPP. 17 (1-2025)
24A-60.1
§ 24-280 H AWAI‘I C OUNTY C ODE
(f) Kona (Continued)
Nahenahe Loop, mauka side, beginning at St. Paul Road and extending
for one hundred sixty feet in the northerly direction.
Road intersection and extending to the northern terminus.
Road intersection and extending three hundred thirty feet in the
northerly direction.
An old government lane in Kailua-Kona, located between the
Onipa‘a Street, Le‘ale‘a Street to Kealakehe School parking lot.
Palani Road, north side, from a point fifty feet mauka of the Kailua
Rubbish Dump Road to a point fifty feet makai of the Kailua Rubbish
Dump Road.
Sarona Road in Kailua-Kona, both sides.
Intentionally left blank.
SUPP. 17 (1-2025)
24A-60.2
V EHICLES AND T RAFFIC§ 24-280
(g) Puna
Hale Pule Loop, from its northernmost intersection with the Volcano
Highway to its intersection with Hale Kula Road.
Kahakai Boulevard, northeast (makai) side, between the two driveways
of Keonepoko Elementary School along the southwest property line of
parcel number 1-5-009:059.
Kalapana Beach Road, from the Kapoho--
distance of two hundred forty feet in the Kapoho direction.
Kalapana/Kapoho Beach Road, on the mauka side directly across from
Puala‘a Beach Park for a total distance of four hundred thirty feet.
Kalapana-Kapoho Beach Road, on the north (mauka) side, from a point
eight hundred fifty feet southwest of Oliana Drive and extending one
hundred fifty feet in the southwesterly direction.
Kalapana-Kapoho Beach Road, on the north (mauka) side, from a point
one thousand one hundred fifty-five feet southwest of Oliana Drive and
extending two hundred thirty-five feet in the southwesterly direction.
Kalapana-Kapoho Beach Road, on the north (mauka) side, from Oliana
Drive to a point four hundred feet in the southwesterly direction.
Kalapana-Kapoho Beach Road, southeast (makai) side, from a point six
hundred ninety-three feet southwest of Pohoiki Road and extending two
hundred forty-one feet in the southwesterly direction.
Kalapana-Kapoho Beach Road, southeast (makai) side, from a point
three hundred twenty feet southwest of Pohoiki Road and extending one
hundred sixty-five feet in the southwesterly direction.
the truck runway ramp to a point three hundred feet makai of the truck
runway ramp.
Ka‘ohe Homestead Road, east side, from the athletic field driveway and
extending southerly to an area just past the County of Hawai‘i Deep
Well Site, a distance of one thousand two hundred twenty feet.
-Kumukahi Lighthouse Road for
a distance of eight hundred twenty feet west from a point
approximately one thousand one hundred fifty feet northwest of Project
marker F.A.P. No. S-4132 and ER-8.
extending two hundred twelve feet in the southerly direction.
Kea‘au Civic Center Road, Puna (makai) side.
Kea‘au-
extending five hundred fifteen feet to the Sacred Hearts Church
driveway.
one thousand feet in the volcano direction.
SUPP. 17 (1-2025)
24A-61
§ 24-280 H AWAI‘I C OUNTY C ODE
(g) Puna (Continued)
Mauka side of the government road in front of Harry K. Brown Park in
Kalapana, from the entrance to the parking lot to six hundred feet in
the Volcano direction.
Old Volcano Road, in Kea‘au Village, both sides, beginning at a point
eighty-two feet northeast of Pili Mua Street and extending nine
hundred sixty feet in the northeasterly direction.
Route 130, east side, beginning at Kahakai Boulevard and extending
(1996, ord 96-163, sec2; am1996, ord96-155, sec1; am1997, ord97-25, sec 1;
ord 97-28, secs 1 and 2; ord 97-58, sec 1; ord 97-109, sec 1; ord 97-110, sec 1; ord
97-123, sec 1; ord 97-129, secs 1 and 2; am 1998, ord 98-31, secs 1, 2, and 3; ord
98-40, sec 2; ord 98-62, sec 1; ord 98-73, secs 1 and 2; ord 98-74, secs 2, 3, 4, and
5; ord 98-85, sec 2; ord 98-89, secs 1 and 2; am 1999, ord 99-62, sec 1; ord 99-84,
sec 3; ord 99-90, sec 1; ord 99-92, secs 1 and 2; ord 99-128, sec 1; ord 99-134,
secs 1-5; am 2000, ord 00-12, sec 1; ord 00-29, secs 1 and 2; ord 00-79, sec 4; ord
00-80, sec 1; ord 00-129, sec 1; ord 00-130, sec 2; am 2001, ord 01-8, sec 1; ord 01-
9, sec 3; ord 01-119, sec 3; am 2002, ord 02-91, sec 1; am 2004, ord 04-25, secs 1
and 2; am 2008, ord 08-174, sec 1; am 2009, ord 09-22, sec 1; ord 09-61, sec 2, ord
09-145, sec 2; am 2010, ord 10-3, sec 2; am 2011, ord 11-15, sec 1; ord 11-33, sec
1; ord 11-89, sec 2; ord 11-120, sec 2; am 2012, ord 12-2, sec 2; ord 12-8, sec 2; ord
12-22, sec 2; ord 12-48, sec 2; ord 12-104, sec 2; ord 12-121, sec 2; am 2013, ord
13-1, sec 2; ord 13-69, sec 2; ord 13-71, sec 2; am 2014 ord 14-7, sec 2; ord 14-29,
sec 2; ord 14-47, sec 2; ord 14-49, secs 2, 3, and 4; ord 14-62, sec 2; am 2015, ord
15-14, secs 2 and 3; ord 15-89, sec 2; ord 15-92, sec 2, ord 15-107, sec 2; ord
15-112, sec 2; am 2016, ord 16-1, secs 2, 3, and 4; ord 16-25, sec 2; ord 16-78, secs
2 and 3; am 2017, ord 17-27, sec 2; ord 17-51, sec 2; ord 17-52, sec 2; am 2022,
ord 22-15, sec 2; am 2023, ord 23-98, secs 2 and 3; ord 23-99, sec 2; am 2024, ord
24-4, sec 2; ord 24-67, sec 2; ord 24-77, sec 2; ord 24-89, sec 3.) 24-280
Section 24-281. Schedule 29. Parking prohibited during certain hours on
certain streets; tow-away zone.
When signs are erected giving notice thereof, no person shall stop, stand or park a
vehicle between the hours specified herein upon any of the streets or parts of streets as
follows:
(b) North Hilo
point two hundred thirty-three feet on the Hilo side of Kaiwilahilahi
Bridge for a distance of one hundred fifty-four feet in the Hilo direction
from 7:00 a.m. to 5:00 p.m.
SUPP. 17 (1-2025)
24A-62
V EHICLES AND T RAFFIC§ 24-282.1
Section 24-282.1. Schedule 30.1. 15 minute parking areas.
When signs are erected giving notice thereof, vehicle parking on the following
streets and portions of streets is limited to fifteen minutes:
(b) North Hilo
(c) South Hilo
-four feet Puna of
Wilson Street to a point one hundred three feet in the Puna direction,
from 7:00 a.m. to 12:00 noon.
(e) Kohala
(f) Kona
(g) Puna
-six
feet west of Kauhale Street to a point one hundred seventeen feet in the
easterly direction.
(1999, ord 99-127, sec 1; am 2009, ord 09-121, sec 2.)24-282.1
Section 24-282.2. Schedule 30.2. 36 minute parking areas.
When signs are erected giving notice thereof, vehicle parking on the following
streets and portions of streets is limited to thirty-six minutes:
(b) North Hilo
(c) South Hilo
(e) Kohala
(f) Kona
(g) Puna
(1996, ord 96-163, sec 2; am 1999, ord 99-127, sec 2.)24-282.2
SUPP. 15 (1-2024)
24A-67
§ 24-283 H AWAI‘I C OUNTY C ODE
Section 24-283. Schedule 31. 1 hour parking areas.
When signs are erected giving notice thereof, vehicle parking on the following
streets and portions of streets is limited to one hour:
(b) North Hilo
(c) South Hilo
Keawe Street, from Haili Street to Mamo Street.
-eight
feet south of Aupuni Street and extending three hundred twelve feet in
the southerly direction, except for those areas designated as No Parking
Zones and Freight Loading Zones, between the hours of 8:00 a.m. and
8:00 p.m. from Mondays to Fridays.
(e) Kohala
(f) Kona
of Aloha Theater.
(g) Puna
(1996, ord 96-163, sec 2; am 1997, ord 97-109, sec 2; am 2000, ord 00-89, sec 3;
am 2006, ord 06-167, sec 2.)24-283
Section 24-284. Schedule 32. 2 hour parking areas.
When signs are erected giving notice thereof, vehicle parking on the following
streets and portions of streets is limited to two hours:
HWY 240, the marked parking stalls between Kika Street and Ohelo
Street, between the hours of 8:00 a.m. to 4:00 p.m., Monday through
Saturday, excluding Sundays and Holidays.
(b) North Hilo
SUPP. 17 (1-2025)
24A-68
V EHICLES AND T RAFFIC§ 24-284
(f) Kona(Continued)
West Hawai‘i Civic Center public parking four rows of stalls west of
Building G, two partial rows north of Building E, and four rows east of
the parking structure, Monday to Friday (excluding holidays) during
the hours of 7:00 a.m. to 5:00 p.m. or as otherwise specified per facility.
(g) Puna
Highway 130, north side, beginning at a point one thousand six
hundred ten feet west of the Kapoho-Kalapana junction and extending
seven hundred forty-five feet in the westerly direction.
(1996, ord 96-163, sec2; am1997, ord97-28, sec3; am2000, ord00-89, sec 5; ord
00-131, secs 1 and 2; am 2003, ord 03-4, sec 2; am 2008, ord 08-111, sec 1; am
2009, ord 09-122, sec 2; am 2011, ord 11-32, sec 1; am 2012, ord 12-120, sec 2; am
2013, ord 13-2, sec 2; am 2014, ord 14-15, secs 2 and 4; ord 14-63, sec 2; am 2016,
ord 16-6, sec 1; am 2024, ord 24-53, sec 2.)24-284
Section 24-284.1. Schedule 32.1. 8 hour parking areas.
When signs are erected giving notice thereof, vehicle parking on the following
streets and portions of streets is limited to eight hours:
(b) North Hilo
(c) South Hilo
The County parking lot (Bayfront Parking Lot) along the makai side of
Haili Street, Puna side, from Kino‘ole Street, to Ululani Street.
Hilo Armory parking lots, mauka and makai.
Kamehameha Avenue, from Shipman Street to Wailuku Drive.
-nine feet
Kino‘ole Street, makai side, from a point two hundred sixty-nine feet
southeast of Mamo Street to Ponahawai Street.
Kino‘ole Street, mauka side, from Haili Street to Ponahawai Street,
except those five marked stalls in front of Farmers' Exchange.
Nawahi Lane.
Ponahawai Street, southeast side, from a point three hundred five feet
the northeasterly direction.
Wailuku Drive, Kamehameha Avenue to Kino‘ole Street.
SUPP. 17 (1-2025)
24A-71
§ 24-284.1 H AWAI‘I C OUNTY C ODE
(e) Kohala
(f) Kona
(g) Puna
(2000, ord 00-89, sec 7; ord 00-131, sec 3; am 2008, ord 08-108, sec 1; am 2013,
ord 13-3, sec 2.)24-284.1
Section 24-285. Schedule 33. 24 hour parking areas.
When signs are erected giving notice thereof, vehicle parking in the following areas
is limited to twenty-four hours:
Waipi‘o Valley Lookout parking area.
(b) North Hilo
(c) South Hilo
(e) Kohala
(f) Kona
(g) Puna
(1996, ord 96-163, sec 2.)24-285
Section 24-286. Schedule 34. No stopping, standing or parking areas.
When signs or markings are erected giving notice thereof, no vehicle shall stop,
stand or park on the following streets or portions of streets:
(b) North Hilo
24A-72
V EHICLES AND T RAFFIC§ 24-288.1
Section 24-288.1. Schedule 36.1. Active loading and unloading zones.
When signs are erected giving notice thereof, active loading or unloading shall be
permitted on the following streets and portions of streets:
Pakalana Street, west side, five hundred eighty-nine feet south of
Highway 240 and extending eighty-nine feet in the southerly direction,
between the hours of 12:00 p.m. and 3:00 p.m. on school days only.
(b) North Hilo
(c) South Hilo
Haili Street, northwest side, beginning from a point two hundred eleven
feet southwest of Kamehameha Avenue and extending twenty feet in
the southwesterly direction.
Kamehameha Avenue, mauka side, beginning from a point ninety-four
feet west of Mamo Street and extending forty-four feet in the westerly
direction, from 5:00 a.m. to 4:00 p.m., on Wednesdays and Saturdays.
Kamehameha Avenue, mauka side, beginning from a point one hundred
eleven feet northwest of Shipman Street and extending fifty-eight feet
in the northwesterly direction.
Keawe Street, west (mauka) side, from a point twenty-seven feet north
southeast of Wilson Street and extending forty feet in the southeasterly
direction, from 7:00 a.m. to 6:00 p.m.
Mamo Street, both sides, from Kamehameha Avenue to Punahoa Street,
from 5:00 a.m. to 4:00 p.m., on Wednesdays and Saturdays.
Punahoa Street, northeast (makai) side, from a point fifteen feet
northwest of Mamo Street and extending ninety feet in the
northwesterly direction.
(e) Kohala
Akoni Pule Highway, north side, from a point seventy-three feet west of
Holy Bakery Road and extending twenty feet in a westerly direction.
(f) Kona
Manawale‘a Street, north side, beginning from a point three hundred
sixty-three feet west of Kealakaa Street and extending one hundred
thirty-seven feet in the westerly direction, for a period not to exceed
fifteen minutes, from 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 3:00 p.m.
on school days.
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§ 24-288.1 H AWAI‘I C OUNTY C ODE
(f) Kona(Continued)
Manawale‘a Street, south side, beginning from a point three hundred
twelve feet west of Kealakaa Street and extending forty-eight feet in the
westerly direction, for a period not to exceed fifteen minutes, from 7:00
a.m. to 8:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.
Kahauloa Road, at its western terminus.
(g) Puna
(1996, ord 96-163, sec 2; am 1998, ord 98-73, sec 4; am 2008, ord 08-95, sec 1; ord
08-140, sec 1; am 2009, ord 09-122, sec 3; am 2010, ord 10-105, sec 2; ord 10-106,
sec 1; am 2011, ord 11-91, sec 2; am 2012, ord 12-64, sec 2; am 2014, ord 14-64,
sec 2; am 2015, ord 15-8, sec 2; ord 15-91, sec 2; am 2024, ord 24-66, sec 2.)24-288.1
Division 7. Parking Meter Zones.
Section 24-289. Schedule 37. 36 minute parking meter zones.
Thirty-six minute parking meter zones are established upon those streets or
portions of streets described in this schedule upon which the parking of vehicles shall be
regulated by parking meters at the rates of ten cents for twelve minutes and twenty-five
cents for thirty-six minutes:
(b) North Hilo
(c) South Hilo
Drive.
(e) Kohala
(f) Kona
(g) Puna
(1996, ord 96-163, sec 2; am 2002, ord 02-57, sec 5; am 2014, ord 14-17, sec 2.)24-289
SUPP. 17 (1-2025)
24A-82
Section 25-2-73. Plan approval application and processing requirements for special
districts with design guidelines and/or standards.
Section 25-2-74. Plan approval application requirements for telecommunication
antennas.
Section 25-2-75. Plan approval application requirements for agricultural tourism.
Section 25-2-76. Action on plan approval application.
Section 25-2-77. Review criteria and conditions of approval.
Section 25-2-78. Construction in conformity with plan approval.
Section 25-2-79. Appeal of a plan approval decision.
Article 3. Establishment of Zoning Districts.
Section 25-3-1. Designation of districts.
Section 25-3-2. Designation of special districts.
Section 25-3-3. Method and effect of establishment of districts.
Section 25-3-4. Establishment of building lines, future width lines and plan lines for
future streets.
Section 25-3-5. Application of district regulations.
Section 25-3-6. Rules for interpretation of district boundaries.
Section 25-3-7. District classification of streets.
Section 25-3-8. Legal effect of establishment of building lines, future width lines,
and plan line.
Article 4. General Development Regulations.
Division 1. Use Regulations.
Section 25-4-1. Existing buildings.
Section 25-4-2. Conditions for construction of buildings designed for human
occupancy.
Section 25-4-3. Establishment of permitted uses.
Section 25-4-4. Uses prohibited.
Section 25-4-5. Uses authorized by other permits.
Section 25-4-6. Use of streets.
Section 25-4-7. Bed and breakfast establishments.
Section 25-4-8. Temporary real estate offices and model homes.
Section 25-4-9. Guest houses.
Section 25-4-10. Mobile dwellings.
Section 25-4-11. Power lines, utility substations, public buildings.
Section 25-4-12. Telecommunication antennas or towers.
Section 25-4-13. Home occupations.
Section 25-4-14. Flag lots.
Section 25-4-15. Agricultural tourism.
Section 25-4-16. Short-term vacation rentals.
Section 25-4-16.1. Short-term vacation rental nonconforming use certificate.
SUPP. 6 (7-2019)
iii
Section 25-4-16.2. Prima facie evidence; short-term vacation rentals.
Section 25-4-16.3 Short-term vacation rental enforcement account.
Division 2. Heights.
Section 25-4-20. Height; general rules.
Section 25-4-21. Basements and underground structures.
Section 25-4-22. Exemptions from height limitations.
Section 25-4-23. Accessory structure height limitations.
Division 3. Street Frontage, Lot Areas and Widths.
Section 25-4-30. Minimum street frontage.
Section 25-4-31. Minimum building site area; minimum average width.
Section 25-4-32. Reduction of building site below minimum area.
Section 25-4-33. Effect of delinquent tax sale; recordation of land.
Section 25-4-34. Waiver of minimum building site area for utilities.
Division 4. Yards and Open Space.
Section 25-4-40. General requirements for yards and open space.
Section 25-4-41. Triangular or irregular building sites.
Section 25-4-42. Corner building sites.
Section 25-4-43. Fences and accessory structures.
Section 25-4-44. Permitted projections into yards and open spaces.
Section 25-4-45. Projection of porte-cocheres.
Section 25-4-46. Projection of pools.
Section 25-4-47. Minimum distance between main buildings on same building site.
Section 25-4-48. Apiaries.
Division 5. Off-Street Parking and Loading.
Section 25-4-50. Off-street parking and loading: purpose.
Section 25-4-51. Required number of parking spaces.
Section 25-4-52. Method of determining number of parking spaces.
Section 25-4-53. Minimum dimensions of parking spaces.
Section 25-4-54. Standards and improvements to off-street parking spaces.
Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging systems.
Section 25-4-54.2. Alternatives and exemptions; parking for electric vehicles; electric
vehicle charging systems.
Section 25-4-55. Parking for persons with disabilities.
Section 25-4-56. Off-street loading requirements.
Section 25-4-57. Method of determining number of loading spaces.
Section 25-4-58. Dimension of loading spaces.
Section 25-4-59. Location and improvement of loading spaces.
Section 25-4-59.1. Director determination of parking and loading requirements.
Section 25-4-59.2. Exceptions to the off-street parking and loading requirements.
Section 25-4-59.3. Landscaping and screening for parking lots and loading spaces.
SUPP. 17 (1-2025)
iv
Division 14. ML, Limited Industrial Districts.
Section 25-5-140. Purpose and applicability.
Section 25-5-141. Designation of ML districts.
Section 25-5-142. Permitted uses.
Section 25-5-143. Height limit.
Section 25-5-144. Minimum building site area.
Section 25-5-145. Minimum building site average width.
Section 25-5-146. Minimum yards.
Section 25-5-147. Other regulations.
Division 15. MG, General Industrial Districts.
Section 25-5-150. Purpose and applicability.
Section 25-5-151. Designation of MG districts.
Section 25-5-152. Permitted uses.
Section 25-5-153. Height limit.
Section 25-5-154. Minimum building site area.
Section 25-5-155. Minimum building site average width.
Section 25-5-156. Minimum yards.
Section 25-5-157. Other regulations.
Division 16. O, Open Districts.
Section 25-5-160. Purpose and applicability.
Section 25-5-161. Designation of O districts.
Section 25-5-162. Permitted uses.
Section 25-5-163. Height limit.
Section 25-5-164. Minimum building site area.
Section 25-5-165. Minimum building site average width.
Section 25-5-166. Minimum yards.
Section 25-5-167. Other regulations.
Article 6. Optional Development Regulations.
Division 1. Planned Unit Development (P.U.D.).
Section 25-6-1. Purpose.
Section 25-6-2. Minimum land area required.
Section 25-6-3. Application for P.U.D. permit; requirements.
Section 25-6-4. Notice of action on P.U.D. application.
Section 25-6-5. Procedure for processing application when use not permitted in
district.
Section 25-6-6. Actions by commission on P.U.D. permit applications.
ix
Section 25-6-7. P.U.D. permit application and processing requirements located
within special districts with design guidelines and/or standards.
Section 25-6-8. Repealed.
Section 25-6-9. Repealed.
Section 25-6-10. Criteria for granting a P.U.D. permit.
Section 25-6-11. Height exceptions authorized.
Section 25-6-12. Approvals issued under P.U.D. permit.
Section 25-6-13. Effect of P.U.D. permit on other zoning provisions.
Section 25-6-14. Time extensions and amendments.
Section 25-6-15. Appeals.
Division 2. Cluster Plan Development (C.P.D.).
Section 25-6-20. Purpose.
Section 25-6-21. Minimum land area required.
Section 25-6-22. Application for C.P.D.
Section 25-6-23. Computation of maximum number of lots.
Section 25-6-24. Minimum lot size in C.P.D.
Section 25-6-25. Common land in a C.P.D.
Section 25-6-26. Appeal of a C.P.D. decision.
Division 3. Accessory Dwelling Units.
Section 25-6-30. General provisions, applicability.
Section 25-6-31. Where permitted.
Section 25-6-32. Prohibited areas.
Section 25-6-33. Designation of the accessory dwelling unit.
Section 25-6-34. Height and size limit.
Section 25-6-35. Minimum yard requirements; duplex permitted.
Section 25-6-36. Density limit.
Section 25-6-37. Off-street parking spaces.
Section 25-6-38. Permitted uses.
Section 25-6-39. Limiting and prohibiting
Section 25-6-39.1. Repealed.
Section 25-6-39.2. Repealed.
Section 25-6-39.3. Repealed.
Section 25-6-39.4. Repealed.
Section 25-6-39.5. Repealed.
Section 25-6-39.6. Repealed.
Section 25-6-39.7. Repealed.
SUPP. 17 (1-2025)
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Z ONING § 25-1-1
CHAPTER 25
ZONING
Article 1. General Provisions.
Section 25-1-1. Title.
The provisions of this chapter, inclusive of any amendments, shall be known as the
zoning code.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-1
Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the
general plan which is a long-range, comprehensive, general plan prepared to guide
the overall future development of the County.
(b) For the purpose of promoting health, safety, morals, or the general welfare of the
County, this chapter regulates and restricts the height, size of buildings, and other
structures, the percentage of a building site that may be occupied, off-street
parking, setbacks, size of yards, courts, and other open spaces, the density of
population, and the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes. Should any conflict between this chapter
and other parts of the Code exist, this chapter shall prevail.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-2
Section 25-1-3. Severability.
If any portion of this chapter, or its application to any person or circumstance, shall
be held unconstitutional or invalid because it violates any provision of the County
Charter or for any other reason, the remainder of the chapter and the application of
such portion to other persons or circumstances shall not be affected thereby.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-3
Section 25-1-4. Adoption of rules.
The director and the commission may, as appropriate, each adopt rules, in
accordance with chapter 91, Hawai‘i Revised Statutes, for the purpose of implementing
the provisions of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-4
25-1
§ 25-1-5 H AWAI‘I C OUNTY C ODE
Section 25-1-5. Definitions.
(a) Building construction and development terms that are not defined in this chapter
shall be given their respective definitions as found in the County construction code,
including chapters 5 and 5A through 5F.
(b) The following words and phrases, unless the context otherwise requires, are defined
as follows:
“Accessory building” means a building, no more than twenty feet in height,
detached from and subordinate to a main building or main use on the same building site
and used for the purposes customarily incidental to those of the main building or use.
“Accessory dwelling unit” means a structure or portion thereof designed and used
for single-family residential purposes and which can be detached from or attached to an
existing residence, to be used for single-family occupancy and containing one kitchen.
“Accessory use” means a use which is customarily associated with and subordinate
to the main or principal use and which is located on the same building site as the main
or principal use.
“Adult day care home” means a private residence, approved by the state, providing
supportive and protective care, without overnight accommodations, to a limited number
of adult disabled or aged persons. The term shall not include day care centers for
elderly, disabled and aged persons as defined by chapter 346, part IV, Hawai‘i Revised
Statutes, as amended.
“Agricultural activities” means income producing activities or uses as characterized
by the cultivation of crops, including but not limited to flowers, vegetables, foliage,
fruits, forage, and timber; and farming or ranching activities or uses related to animal
husbandry, aquaculture, or game and fish propagation.
“Agricultural products processing, major” means activities involving a variety of
operations on crops or livestock which may generate dust, noise, odors, pollutants or
visual impacts that could adversely affect adjacent properties. These uses include, but
are not limited to, slaughterhouses, mills, refineries, canneries and milk processing
plants.
“Agricultural products processing, minor” means activities used for crop production,
which are not regulated as major agricultural products processing and which involve a
variety of operations on crops after harvest to prepare them for market, or further
processing and packaging at a distance from the agricultural area. Included activities
are cleaning, milling, pulping, drying, roasting, hulling, storing, packing, honey
processing, poi-making, selling and other similar activities. Also included are the
facilities or buildings related to such activities.
“Agricultural tourism” means visitor-related commercial activities or periodic
special events designed to promote agricultural activities conducted on a working farm,
ranch, or agricultural products processing facility.
“Alley” means a narrow street through a block primarily for access by service
vehicles to the back or side of properties fronting on another street.
SUPP. 17 (1-2025)
25-2
Z ONING § 25-1-5
“Alternating current Level 2 charging station,” commonly referred to as “Level 2
charging station,” means an electric vehicle charging system that utilizes alternating
current electricity providing at least six kilowatts per plug and means a system that:
(1) Is capable of providing electricity from a non-vehicle source to charge the
batteries of one or more electric vehicles;
(2) Meets recognized standards and protocols including, but not limited to, Society
of Automotive Engineers (SAE) J1772™ of SAE International and Tesla
protocol; and
(3) Is designed and installed in compliance with chapter 5D of the Hawai‘i County
Code.
“Amusement and recreation facility, indoor” means an establishment providing
indoor amusement or recreation. Typical uses include: martial arts studios; billiard and
pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks;
health and fitness establishments; indoor tennis, handball and racquetball courts;
auditoriums; theaters; and indoor archery and shooting ranges.
“Amusement and recreation facility, major outdoor” means a permanent facility
providing outdoor amusement and entertainment, including theme and other types of
amusement parks, stadiums, skateboard parks, go-cart and automobile race tracks,
miniature golf and drive-in theaters.
“Apartment house” means a multiple-family dwelling.
“Apiary” means a site where one or more colonies of bees and beehives are kept and
that are maintained in accordance with generally accepted apiary management
practices pursuant to section 4-5-4 of this Code.
“Aquaculture” means the production of aquatic plant or animal life for food or fiber
within ponds and other bodies of water.
“Authorized personnel” means a police officer or a person or persons authorized in
writing by the director.
“Automobile service station” means a retail establishment which primarily provides
gasoline, automobile accessories and service, but not including tire recapping or
regrooving, body work, straightening of frames or body parts, steam cleaning, painting,
welding, or storage of automobiles, except for storage of vehicles for short periods
pending repair or servicing on the site and pick-up by the owner.
“Bed and breakfast establishment” means any single-family dwellings and/or guest
houses (pursuant to section 25-4-9), which have been permitted on a building site, in
which overnight accommodations and only breakfast meals are provided to a maximum
of ten guests, for compensation, for periods of less than thirty days.
“Beginning of construction” means placing of construction materials in their
permanent position, fastened in a permanent manner.
“Building” means any structure used or intended for supporting or sheltering any
use or occupancy.
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Building height” means the vertical distance above a reference datum measured to
the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to
the average height of the highest gable of a pitched or hipped roof. The reference datum
shall be selected by either of the following, whichever yields a greater height of building:
(A) The elevation of the highest adjoining sidewalk or ground surface within a
five-foot horizontal distance of the exterior wall of the building when such
sidewalk or ground surface is not more than ten feet above lowest grade.
(B) An elevation ten feet higher than the lowest grade when the sidewalk or
ground surface described in (A) above is more than ten feet above lowest
grade.
The height of a stepped or terraced building is the maximum height of any
segment of the building.
“Building line” means a line on a building site indicating the limit beyond which
buildings or structures may not be erected.
“Building site” means a parcel of land which is occupied or is to be occupied by a
principal use and accessory uses or a building or group of buildings, and includes a lot
and a plot.
“Building site average width” means that figure obtained by dividing the total area
of a building site by the maximum depth of the building site measured in the general
direction of the side lines.
“Business service” means an establishment which primarily provides goods and
services to other business, including but not limited to minor job printing, duplicating,
binding and photographic processing, office security, maintenance and custodial
services, and office equipment and machinery sales, rentals and repair.
“Care home” means a facility which is approved by the state pursuant to chapter
346, part IV or part VIII, Hawai‘i Revised Statutes, as amended, to provide living
accommodations and general or rehabilitative care in homes with not more than one
kitchen, to accommodate unrelated children or elderly, handicapped, or disabled adults.
The term includes adult residential care homes, group child care homes and other
facilities for children, elderly, handicapped, developmentally disabled and totally
disabled.
“Catering establishment” means an establishment primarily involved in the
preparation and transfer of finished food products for immediate consumption upon
delivery to off-premises destinations including, but not limited to, hotels, restaurants,
airlines and social events.
“City of Hilo” means all of that portion of the district of South Hilo, County of
Hawai‘i, which is bounded on the south side by the district of Puna; bounded on the
Paukaa in the district of South Hilo and on the east by the sea.
“Commercial excavation” means any excavation or removal of natural materials for
profit which is not related to or not occasioned by an impending development of the site
of such excavation.
“Commercial parking lot and garage” means any building or parking area designed
or used for temporary parking of automotive vehicles, which is not accessory to another
use on the same building site and within which no vehicles are repaired.
SUPP. 13 (1-2023)
25-4
Z ONING § 25-1-5
“Guest ranch” means an establishment with its surrounding land which offers
recreational facilities for activities such as riding, swimming and hiking, and living
accommodations.
“Home improvement center” means a single establishment primarily involved in
providing a large variety of goods and services directly associated with building and
home improvements.
“Home occupation” means any activity intended to provide income that is carried on
within a dwelling, within an accessory structure to a dwelling, or on a portion of a
building site used principally for dwelling purposes.
“Hospital” means an institution in which patients or injured persons are given
medical or surgical care, and unless otherwise modified, the term is limited to the care
of persons only.
“Hotel” means a building or group of buildings containing six or more rooms or
suites which provides transient lodging accommodations, meals, entertainment, and
various personal services for compensation, whether such establishment is called a
hotel, motel, motor hotel, motor lodge, inn, or otherwise.
“Junkyard” means an outdoor or partially enclosed area, more than two hundred
square feet in size, used for storage or keeping of junk, scrap, or nonhazardous waste
materials, or for dismantling or wrecking vehicles or machinery or for storage of parts
resulting therefrom.
“Kennel” means a commercial establishment in which dogs or domesticated animals
are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation. The
term includes animal quarantine stations.
“Kitchen” means a room or a portion of a room designed to be used for the
preparation of food and containing at least one item from both of the following
categories:
(A) Fixtures, appliances or devices for heating or cooking food; and
(B) Fixtures, appliances or devices for washing utensils used for dining and food
preparation and/or for washing and preparing food.
“Land use” means use of land, building use and use of any building.
“Livestock” means all animals generally associated with farming, which are raised
or kept for food and other agricultural purposes. Such animals include: swine; cattle;
horses; goats; sheep; chickens, ducks, geese, turkey, and other poultry; rabbits; and
bees.
“Livestock production” means a distinct agricultural operation or establishment
which keeps, feeds, or raises livestock for commercial purposes and as a principal land
use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken,
turkey and other poultry farms, rabbit farms, apiaries and aviaries.
“Lodge” means a building or group of buildings, under single management,
containing transient lodging accommodations without individual kitchen facilities, and
no more than forty guest rooms or suites, and generally located in agricultural, rural or
other less populated areas.
“Lot” means a building site or a parcel of land shown as a unit on an approved
subdivision map, or a survey map.
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Lot line” means any boundary of a building site or property line, and includes:
(A) “Interior lot line” which is any lot line other than the street frontage.
(B) “Rear lot line” which is the lot line that is generally opposite the street
frontage.
“Lot width” means that figure obtained by dividing the total area of a building site
by the maximum depth of the building site measured in the general direction of the side
lines.
“Main building” means a building in which is conducted a principal or main use on
the building site on which it is situated.
“Manufacturing, processing and packaging, general” means activities which are the
main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale
or trade. General manufacturing, processing and packaging establishments are those
involving significant mechanical and chemical processes, large amounts of metal
transfer, or extended shift operations. Typical activities include, but are not limited to:
paper and textile milling; wood millwork and the production of prefabricated structural
wood products; the manufacture of soaps and detergents; rubber processing and the
manufacture of rubber products; the production of plastics and other synthetic
materials; primary metals processes; the manufacture of vehicles; machinery and
fabricated metal products; electroplating; cement making and the production of
concrete; gypsum and related products; the production of chemical products; perfumes
and pharmaceuticals; and the production of paving and roofing materials. General
manufacturing does not include those activities associated with petroleum processing;
the manufacture of explosives and toxic chemicals; waste disposal and processing;
and/or the processing of salvage, scrap and junk materials.
“Manufacturing, processing and packaging, light” means activities which are the
main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale
or trade. Light manufacturing, processing and packaging establishments involve
activities which are non-offensive to adjacent uses; involve no open storage or other
types of outdoor accessory uses other than parking and loading; do not involve processes
which generate significant levels of heat, noise, odors and/or particulates; and do not
involve chemicals or other substances which pose a threat to health and safety. Typical
activities include, but are not limited to, the production of handcrafted goods,
electronics-intensive equipment, components related to instrumentation and measuring
devices, bio-medical and telecommunications technologies, computer parts and software,
optical and photographic equipment, and other manufacturing, processing and
packaging uses meeting the criteria prescribed herein.
“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 of patients 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. This
includes massage, acupuncture, chiropractic, and other similar health service facilities.
SUPP. 13 (1-2023)
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Z ONING § 25-1-5
“Meeting facility” means a permanent facility for nonprofit recreational, social or
multi-purpose use, which has no overnight accommodations, and which may be for
organizations operating on a membership basis for the promotion of members’ mutual
interests or may be primarily intended for community purposes. Typical uses include
private clubs, union halls, community centers, and student centers.
“Mobile dwelling” means a structure or vehicle containing one or more dwelling
units designed so as to be transportable either by being carried or towed or under its
own power, whether or not the wheels, skids or other devices for transportability are
actually in place.
“Mortuary” means a business used to prepare a decedent before burial or
cremation. It may also contain a morgue, funeral home, or crematory, and may provide
funeral services.
“Multiple-family dwelling” means a building containing more than two dwelling
units.
“Neighborhood electric vehicle” means a self-propelled electrically powered motor
vehicle to which all of the following apply:
(1) The vehicle is emission free;
(2) The vehicle is designed to be and is operated at speeds of twenty-five miles per
hour or less;
(3) The vehicle has four wheels in contact with the ground;
(4) The vehicle has a gross vehicle weight rating of less than three thousand
pounds; and
(5) The vehicle conforms to the minimum safety equipment requirements as
adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed
Vehicles (49 C.F.R. 571.500).”
“Networked” refers to electric vehicle charging systems that are able to connect to
the internet.
“Nonconforming building or parcel” means a building or parcel lawfully in existence
on September 21, 1966 or on the date of any amendment to this chapter, but which does
not comply with the regulations for the zoning district in which it is located.
“Nonconforming use” means a use lawfully in existence on September 21, 1966 or
on the date of any amendment to this chapter, but which does not conform to the
regulations for the zoning district in which it is located.
“Pedestrian way” means a public right-of-way through a block between lots for
pedestrian traffic, which may also be used as a utility easement and which has a
maximum width of twenty feet.
“Personal services establishment” means an establishment which offers specialized
goods and services purchased frequently by the consumer. Included are barbershops,
beauty shops, garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair
and other similar establishments.
“Piggery” means any parcel or premises where five or more weaned hogs are
maintained.
SUPP. 17 (1-2025)
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Place of public accommodation” means a business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind whose goods, services,
facilities, privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the general public as customers, clients, or visitors. By
way of example, but not of limitation, place of public accommodation includes facilities
of the following types:
(1) A facility providing services relating to travel or transportation;
(2) An inn, hotel, motel, or other establishment that provides lodging to transient
guests;
(3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other
facility principally engaged in selling food for consumption on the premises of
a retail establishment;
(4) A shopping center or any establishment that sells goods or services at retail;
(5) An establishment licensed under chapter 281, Hawai‘i Revised Statutes, doing
business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as defined in section
281-31, Hawai‘i Revised Statutes;
(6) A motion picture theater, other theater, auditorium, convention center, lecture
hall, concert hall, sports arena, stadium, or other place of exhibition or
entertainment;
(7) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing
or massage salon, or other establishment conducted to serve the health,
appearance, or physical condition of persons;
(8) A park, a campsite, or trailer facility, or other recreation facility;
(9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other
institution for the infirm;
(10) A professional office of a health care provider, as defined in section 323D-2,
Hawai‘i Revised Statutes, or other similar service establishment;
(11) A mortuary or undertaking establishment; and
(12) An establishment that is physically located within the premises of an
establishment otherwise covered by this definition, or within the premises of
which is physically located a covered establishment, and which holds itself out
as serving patrons of the covered establishment.
“Plan approval” means the review and approval of plans for new structures and
additions to existing structures, and certain uses in specified zoning districts in order to
assure that the intent and purpose of this chapter are carried out.
“Plan lines for future streets” means lines established on the zoning map for the
purpose of future street construction and establishing the front property line of the
affected building site. The area within these lines shall be deemed to be the street right-
of-way, and cannot be considered in computing the minimum yard required on any
building site.
“Plug” means an accessory to an electric vehicle charging system capable of
charging a single electric vehicle and compatible with alternating current Level 2
charging stations or direct current fast charger protocols.
SUPP. 13 (1-2023)
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Z ONING § 25-1-5
“Street” means a right-of-way for vehicle purposes and pedestrian traffic, and the
placement of utilities, or a private right-of-way for vehicular purposes, which provides
access to building sites.
“Street frontage” means that portion of a building site that has a common line with
a street right-of-way line. The street frontage is designated as the front property line.
“Structure” means anything above existing grade constructed or erected with a
fixed location on the ground, or requiring a fixed location on the ground, or attached to
something having or requiring a fixed location on the ground. The term “structure”
includes the term “building.”
“Surveyor” means a person duly registered as a professional land surveyor in the
State.
“Telecommunications antenna” means an antenna, tower and other accessory
structures for radio frequency (RF) transmissions intended for specific users who must
have special equipment for transmission and/or reception. Also included are
broadcasting facilities regulated by the Federal Communication Commission (FCC)
under the Code of Federal Regulations, par. 74, which includes low power television.
Included are land-mobile or two-way radio, and one-way radio paging service
broadcasting. Also included are independent receiving facilities which do not qualify as
accessory uses. Not included are portable, hand held and vehicular transceivers or
radios; industrial, scientific and medical equipment operating at frequencies designated
for that purpose by the Federal Communications Commission (FCC); marketed
consumer products, such as microwave ovens, citizens band radios, ham radios and
remote control toys; and facilities for the receiving of these transmissions, including
individual radio and television appliances.
“Theater” means a facility which is used primarily for the performing arts or for the
viewing of motion picture films. Included are performing arts centers, concert halls and
other types of live theaters.
“Time share unit” means any multiple-family dwelling unit or hotel, which is
owned, occupied or possessed, under an ownership and/or use agreement among various
persons for less than a sixty-day period in any year for any occupant, and is regulated
under the provisions of chapter 514E, Hawai‘i Revised Statutes, as amended.
“University” means a nationally-accredited institution of higher learning, whether
classified as a “university” or a “college” and whether public or private, including
community colleges, providing facilities for teaching, research and group learning and
authorized to grant academic degrees.
“Use” means the purpose to which land or any structure or improvement thereon or
both are or may be put. The word “use” is synonymous with terms “land use” and “use of
land” unless the context clearly indicates otherwise.
“Warehousing” means the storage of raw materials, finished products, merchandise
and/or other goods, within a building for subsequent delivery, transfer and/or pickup.
“Wholesaling and distribution” means the sale and/or distribution of manufactured
and/or processed products, merchandise or other goods in large quantities for
subsequent resale to retail establishments, and/or industrial, institutional and
commercial users.
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Yard” means an open space on the same building site with a building, which open
space lies between the building and the bounding lot lines, and is unoccupied and
unobstructed from the ground upward except for landscaping and except for fences,
walls, architectural features, pools, porte cocheres, cornices, canopies, roof overhangs,
eaves, porches, balconies, terraces, fire escapes, stairs, ramps and other similar features
authorized under article 4, division 4 of this chapter, and includes:
(A) “Front yard” which is a yard lying between the street line on which the
building site fronts or the future width line or the plan line for future street
and a line parallel thereto which runs through the point of the building
nearest to said street line, future width line or plan line. The depth of said
yard is the distance between the parallel lines.
(B) “Rear yard” which is a yard lying between the rear lot line and a line parallel
thereto extended to intersect the side lot lines, which line runs through the
point of a main building nearest the rear lot line. The depth of said yard is the
distance between the parallel lines.
(C) “Side yard” which is a yard lying between the front yard, the rear yard, the
side lot line and a line parallel thereto which runs through the point of the
building nearest to said lot line. The width of said yard is the distance between
the parallel lines.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 1; am 2002, ord
02-70, sec 2; am 2007, ord 07-55, sec 1; ord 07-104, sec 2; am 2008, ord 08-155, sec 2; am
2009, ord 09-118, sec 17; am 2012, ord 12-28, sec 2; am 2018, ord 18-114, sec 3; am 2020,
ord 20-61, sec 9; ord 20-94, sec 2; am 2021, ord 21-26, sec 2; 2022, ord 22-95, sec 3; am
2024, ord 24-65, secs 4 and 5; ord 24-70, secs 5 and 6.)25-1-5
Article 2. Administration and Enforcement.
Division 1. General Administration.
Section 25-2-1. Duties of county officers.
(a) The building official shall enforce any provisions of this chapter relative to building
construction and occupancy.
(b) The director shall enforce all other provisions of this chapter pertaining to land use.
(c) All law enforcement officers of the County shall enforce all the provisions of this
chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-1
Section 25-2-2. Issuance of permits or licenses in conformance with chapter.
All departments, officials, and public employees authorized to issue permits or
licenses shall conform to the provisions of this chapter and no permit or license for any
use, building, or other purpose shall be issued where the license or permit would be in
conflict with the provisions of this chapter. Any permit or license, if issued in conflict
with the provisions of this chapter, shall be void.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-2
SUPP. 17 (1-2025)
25-14.2
Z ONING § 25-2-3
Section 25-2-3. Review and acceptance of applications.
(a) Any application filed with the director or the commission, pursuant to this chapter,
including but not limited to a zoning amendment, variance, use permit, plan
approval, planned unit development permit, or cluster plan development permit,
shall be reviewed by the director for completeness within fifteen days from the date
that the application was filed by the applicant. An application may be filed with the
director or the commission in a format prescribed by the director.
(b) Prior to the acceptance of any application, all real property taxes and other fees
relating to the subject parcel or parcels shall be paid and there shall be no
outstanding delinquencies, except in cases of bankruptcy or similar matters as
authorized by the director of finance.
(c) During the fifteen-day period, the director shall either determine that the
application is complete and accept the application as of the date that the
application was filed by the applicant or shall determine that the application is
defective.
(d) If the director determines that the application is defective, the application shall be
returned to the applicant together with a deficiency notice, to be postmarked within
the fifteen-day review period, which lists the information missing from the
application.
(e) Any application that is rejected as defective may be refiled together with a copy of
the deficiency notice and the required additional information. The resubmitted
application shall be accepted as complete as of the date of resubmission, provided
that all required additional information has been submitted.
(f) If the director fails to act upon any application within the fifteen-day period, the
application shall be deemed complete and shall be considered accepted as of the
date that the application was filed.
(g) The director shall publish, on a semi-monthly basis, a list of all applications
accepted under this section in at least two newspapers of general circulation in the
County. Such list shall include the name of the property owner, tax map key
number(s) of the property, the land area, and street address, if available.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1998, ord 98-29, sec 1; ord 98-26,
sec 1; am 2021, ord 21-52, sec 7; am 2024, ord 24-70, sec 7.)25-2-3
Section 25-2-4. Notice to property owners and lessees of record of pending
application.
(a) Whenever any application under this chapter requires notice to owners and lessees
of record interests of the surrounding properties:
(1) Such notice shall be served to the owners and lessees of record of all lots of
which any portion is within three hundred feet of any point along the
perimeter boundary of the building site affected by the application if the
building site is located within the state land use urban or rural district;
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§ 25-2-4 H AWAI‘I C OUNTY C ODE
(2) For applications other than those requesting a change of zoning district
classification, such notice shall be served on the owners and lessees of record
of all lots of which any portion is within five hundred feet of any point along
the perimeter boundary of the building site affected by the application if the
building site is located within the state land use agricultural district, except
that if the surrounding lots are located within either the state land use urban
or rural district, notice shall be served on the owners and lessees of record of
all lots of which any portion is within three hundred feet of the building site;
or
(3) For applications requesting a change of zoning district classification, such
notice shall be served on the owners and lessees of record of all lots of which
any portion is within one thousand feet of any point along the perimeter
boundary of the building site affected by the application or the two contiguous
lots in all directions, whichever distance is greater, if the building site is
located within the state land use agricultural district or the County zoned
agricultural district. For those adjoining properties located within either the
state land use urban or rural district, notice shall be served on the owners and
lessees of record of all lots of which any portion is within three hundred feet of
the building site.
(b) The applicant shall first serve notice of the filing of the application on the
surrounding owners and lessees within ten days after the director or commission
has officially acknowledged receipt of the application, and shall again serve notice
of the application and of any proposed action or public hearing on the surrounding
owners and lessees, within ten days after receiving notice from the director or the
commission of the date of the proposed action or hearing. The second notice shall be
served not less than ten days prior to the date of the proposed action or hearing.
(c) In determining the names and addresses of the affected owners and lessees of
record, as required by this section, the applicant shall utilize the data available
from the real property tax office; provided, that where the director has received
written notice of additional or subsequent owners or lessees of record and has so
informed the applicant, the applicant shall also provide the required notice to such
persons. The applicant shall also provide notice to such other owners and lessees of
record when the applicant otherwise has actual knowledge of such other owners or
lessees of record.
(d) The notice to the affected property owners and lessees shall include the following
information:
(1) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the application and the proposed use of the property;
25-16
Z ONING § 25-2-40
Division 4. Amendments.
Section 25-2-40. When zoning code may be amended.
This chapter may be amended by changing the boundaries of districts or by
changing any other provision in this chapter whenever the public necessity and
convenience and the general welfare require such amendment, and when such
amendment would be consistent with the goals, policies and standards of the general
plan.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-40
Section 25-2-41. Who initiates amendment.
An amendment may be submitted by the council, the director, the owner of the
property, or any other person with the property owner’s authorized consent.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-41
Section 25-2-42. Amendments initiated by property owners and other
persons.
(a) An application for a change of zoning district by a property owner, or any other
person with the property owner’s consent, shall be on a form prescribed by the
director and shall be accompanied by:
(1) A filing and processing fee of $500 plus $25 per lot or unit proposed by the
amendment.
(2) A description of the property in sufficient detail to determine its precise
location.
(3) A plot plan of the property, drawn to scale with all existing and proposed
structures shown thereon, and any other information necessary to a proper
determination relative to the specific request.
(4) A list of the names, addresses and tax map key numbers for those owners and
lessees of record of surrounding properties who are required to receive notice
under section 25-2-4.
(5) A County environmental report. A County environmental report shall not be
required for any amendment where either an environmental impact statement
or an environmental assessment and negative declaration have been prepared
and issued in compliance with chapter 343, Hawai‘i Revised Statutes, as
amended.
(6) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawai‘i Revised Statutes.
(b) The applicant shall serve notice of the application for zoning amendment on
surrounding owners and lessees of record as provided by section 25-2-4. The
applicant shall also post a sign for public notification on the property as provided by
section 25-2-12.
25-25
§ 25-2-42 H AWAI‘I C OUNTY C ODE
(c) In considering an amendment initiated by a property owner or other person which
proposes to change the district classification of any property, the director shall
consider the purposes of the existing and proposed district and the purposes of this
chapter and shall recommend a change in a district boundary only where it would
result in a more appropriate land use pattern that will further the public necessity
and convenience and the general welfare, and be consistent with the goals, policies
and standards of the general plan.
(1) The director shall recommend either the approval or denial of the proposed
amendment to the commission subject to conditions which would further the
intent of this chapter and the general plan and other related ordinances.
(2) The director shall make the recommendation within one hundred twenty days
after an application has been accepted by the director.
(3) If the director fails to make a recommendation on the proposed amendment
within the one-hundred-twenty-day period, the application shall be forwarded
to the commission without any recommendation from the director, and the
director’s failure to act shall be considered a favorable recommendation on the
application.
(4) The director shall prepare a report on surrounding properties of which any
portion is within one thousand feet, in the case of a subject property in the
State land use agricultural district, or three hundred feet, in the case of a
subject property in either the State land use urban or rural districts, of the
perimeter boundary of the subject property, and further shall transmit the
report to the commission and the council prior to their respective consideration
of the change of zone sought by the application. The report shall include:
(A) All changes of zone, and amendments thereto, granted to surrounding
properties;
(B) A description of the status of each condition for any such change of zone
that is not yet completed and subject to a time limitation; and the
remaining time provided for the performance thereof; and
(C) The maximum number of lots into which each surrounding property may
be subdivided under its district classification.
(d) The commission shall review any application initiated by a property owner or other
person for a change of zone and shall forward its recommendation on the
application to the council through the mayor for the council’s consideration and
action.
(1) In reviewing the application, the commission shall hold at least one public
hearing and shall provide reasonable notice of the date of the hearing to the
applicant. The commission shall also provide notice by publication of the
hearing, as provided in this chapter.
(2) Within ten days after receiving notice of the date of the public hearing, the
applicant shall serve notice of the hearing on surrounding owners and lessees
of record as provided by section 25-2-4. The applicant shall also serve notice on
owners and lessees of record interests in other properties which the
commission may find to be directly affected by the proposed amendment.
SUPP. 17 (1-2025)
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Z ONING § 25-2-42
(3) Within ninety days after receipt of the application from the director, unless a
longer period is agreed to by the applicant, the commission shall transmit the
proposed change of zone ordinance together with its recommendations thereon
through the mayor to the council. The commission shall recommend approval
in whole or in part, with or without modifications, or rejection of such
application. In the event that the commission fails to act on the application
within the ninety-day period, the application shall be considered an
unfavorable recommendation by the commission, and the application shall be
transmitted through the mayor to the council with such recommendation.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 3; am 2012, ord
12-90, sec 1; am 2024, ord 24-87, sec 1.)25-2-42
Section 25-2-43. Amendments initiated by the council and director.
(a) Any amendment initiated by the director shall be reviewed by the commission.
(1) The amendment shall be submitted to the commission with the director’s
justification and recommendation on the amendment.
(2) Upon receipt of a proposed amendment from the director, the commission shall
hold at least one public hearing. Notice of the hearing by the publication shall
be provided by the commission in accordance with section 25-2-5, except that
when a proposed amendment involves a specific parcel of land, notice shall be
provided by the commission in accordance with subsections (c) and (d).
(3) Within sixty days after receipt of the amendment from the director, the
commission shall transmit the proposed amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the sixty-day period, such inaction shall be
considered as unfavorable recommendation by the commission, and the
amendment shall then be submitted through the mayor to the council with
such recommendation.
(b) The council shall refer any proposed council-initiated amendment to this chapter to
the director and the commission with requests for their respective comments and
recommendations thereon, prior to the first reading of any such amendment. The
director and the commission shall each submit comments and recommendations on
the proposed amendment to the council within one hundred twenty days from the
date that the amendment is transmitted by the council to the director and the
commission.
(1) The director shall submit comments and any recommendations to both the
commission and the council within the one-hundred-twenty-day review period.
SUPP. 17 (1-2025)
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§ 25-2-43 H AWAI‘I C OUNTY C ODE
(2) The commission shall hold at least one public hearing on the proposed
amendment. Notice of the hearing by publication shall be provided by the
commission in accordance with section 25-2-5, except that when a proposed
amendment involves a specific parcel of land, notice shall be provided by the
commission in accordance with subsections (c) and (d).
(3) The commission shall transmit the amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the one-hundred-twenty-day review period, such
inaction shall be considered as an unfavorable recommendation by the
commission.
(4) After the one-hundred-twenty-day review period has expired, the council may
proceed to act on the proposed amendment as it deems appropriate.
(c) Notice by mail to surrounding owners and lessees of record of properties within the
boundaries established by section 25-2-4, shall not be required for any amendment
initiated by the council or the director. In lieu of mailing written notice to
surrounding property owners and lessees of record, the director shall publish notice
of the commission’s public hearing in at least two newspapers of general circulation
in the County, once a week for three consecutive weeks, with the last notice to be at
least ten days prior to the hearing. The notice shall specify the time, date and place
of the hearing, its purpose and a description of any property which may be involved.
(d) Notice to owners of any properties specifically subject to the proposed amendment
shall be provided by mail from the director, no later than thirty days prior to the
commission’s public hearing on the amendment.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-43
Section 25-2-44. Conditions on change of zone.
(a) Within any ordinance for a change of zone, the council may impose conditions on
the applicant’s use of the property subject to the change of zone provided that the
council finds that the 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
(B) Fulfillment of the need for public service demands created by the
proposed use.
Within any ordinance for a change of zone that includes any such conditions,
except for ordinances reverting zoning to a previous zoning district designation or
to an open zoning designation, the director shall specify the time by which all
conditions shall be completed. The time during which required plans, reports,
studies, or relevant permit applications are under review for approvals by
SUPP. 17 (1-2025)
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Z ONING § 25-2-44
government agencies shall not count towards the deadline established in the
ordinance. To justify this tolling, the applicant shall provide evidence of the
excluded time period to the planning department for its review and approval, which
shall consist of dates obtained from a government agency website, permitting
program, or office indicating when the required plans, reports, studies, or permit
applications were submitted, approved, denied, or returned by the government
agency. Any request for tolling shall be verified and approved in writing by the
director prior to the deadline established by the ordinance. The director shall notify
the council of any approval of a request for tolling within thirty days of such
approval. If any conditions have not been completed by the deadline, or if a time
extension request has not been submitted in accordance with section 25-2-44(c), the
planning department shall inform the applicant that the ordinance is null and void
without further action by the County. In that event, the zoning designation of the
property(s) affected by the ordinance shall automatically revert to its immediate
prior zoning designation.
(b) Requests to change or alter the conditions of any change of zone ordinance shall be
processed in the same manner as a zone change, unless the council authorizes the
changes or alterations to be made by the director.
(c) A condition granting an administrative time extension by the director shall not be
included in any change of zone ordinance. However, an initial time extension for
the performance of conditions within a change of zone ordinance may be granted by
the council via resolution upon a finding that the following circumstances exist:
(1) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant and that are not the result
of the applicant’s fault or negligence;
(2) Granting of the time extension would not be contrary to the general plan or
this chapter;
(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 granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
year may be extended for up to one additional year); and
(5) The request for the time extension is submitted to the director prior to the
expiration of time for the performance of conditions included in the original
change of zone ordinance.
When a request for initial time extension is received by the director, the director
shall recommend approval or denial and submit a notice to council through the
mayor. In the case of a recommended approval, the director shall also submit a
resolution to council through the mayor for consideration and action.
If an applicant should require an additional time extension beyond the time
extension provided via council resolution, the request shall be processed pursuant
to section 25-2-42.
SUPP. 17 (1-2025)
25-28.1
§ 25-2-44 H AWAI‘I C OUNTY C ODE
(d) A request for any time extension, change, or alteration of conditions shall be
submitted in writing to the director, in lieu of the application required for an
applicant-initiated change of zone. Requests for initial time extensions shall be
forwarded to the council for its consideration. All requests, excluding requests for
initial time extensions via council resolution, shall be accompanied by a filing fee of
$500.
(e) If the applicant fails to fulfill any conditions of the zone change within the specified
time limitations, the director or council may initiate the process for enactment of an
ordinance reverting the affected property back to its original zoning designation or
a more appropriate zoning designation in accordance with section 25-2-43.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2023, ord 23-38, sec 1; am 2024, ord
24-71, sec 1.)25-2-44
Section 25-2-45. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change. A
nonsignificant zoning change must comply with the designations for the property
set forth in the general plan and any development plan adopted by ordinance, and
not result in an increase or decrease in any zoning designation affecting more than
five percent of the area, or one acre, of any lot, whichever is less.
(b) The applicant for a nonsignificant zoning change shall give notice to surrounding
owners and lessees of record, pursuant to section 25-2-4, and shall post a sign for
public notification as provided by section 25-2-12.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-48, sec 2.)25-2-45
SUPP. 17 (1-2025)
25-28.2
Z ONING § 25-4-44
Sect i on 25-4-44. Permitted projections into yards and open spaces.
(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills,
frames, beam ends, cornices, canopies, porches, balconies, terraces, fire escapes,
stairs, ramps, above-grade pools and other similar features may extend four feet
into any required yard or open space that is less than ten feet, five feet when
required yard or space is from ten up to fifteen feet, and six feet when required yard
is over fifteen feet; provided that:
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp or
other similar feature shall be enclosed above or below the extension except
that there may be individual posts or beams for support and open or grill-type
railings no higher than four feet.
(2) No chimney may extend more than two feet into any yard.
(3) No above-grade pool may extend into any required front, side or rear yard if
the pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-44
Section 25-4-45. Projection of porte-cocheres.
An attractively designed porte-cochere may extend any distance into a front yard as
a protection for arriving motorists and pedestrians.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-45
Section 25-4-46. Projection of pools.
A pool constructed at-grade may extend any distance into a required yard or open
space.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-46
Section 25-4-47. Minimum distance between main buildings on same building
site.
Unless otherwise specified, the minimum distance between main buildings on the
same building site shall be fifteen feet, measured between the walls of the two
buildings.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-47
Section 25-4-48. Apiaries
Apiaries shall be limited to no more than fifteen honeybee hives on lots less than
twenty thousand square feet. The director may grant an exemption for lots less than
twenty thousand square feet with more than fifteen honeybee hives. Apiaries shall be
located at least twenty-five feet from any property line. Exception: apiaries situated
behind a flyover barrier must maintain a distance of at least fifteen feet from any
property line. Flyover barrier shall have the same meaning as defined in section 4-5-3 of
this Code.
(2024, ord 24-65, sec 6.)25-4-47
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25-61
§ 25-4-50 H AWAI‘I C OUNTY C ODE
Division 5. Off-Street Parking and Loading.
Section 25-4-50. Off-street parking and loading: purpose.
(a) Parking and loading standards are intended to minimize street congestion and
traffic hazards, and to provide safe and convenient access to residences, businesses,
public services and places of public assembly.
(b) Off-street parking and loading spaces shall be provided in such number, at such
location and with such improvements as required as set forth in this division.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-50
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25-61.2
§ 25-4-51 H AWAI‘I C OUNTY C ODE
Section 25-4-51. Required number of parking spaces.
(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.
(5) 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) 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.
(7) 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) 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) Funeral homes, funeral services, mortuaries, and crematoriums: one for each
seventy-five square feet of gross floor area.
(10) Golf courses: four for every hole.
(11) Hospitals: one for each bed.
(12) 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) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
(14) Laundromats, cleaners (coin operated): one for every four machines.
(15) 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.
(16) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
(17) Nursing homes, convalescent homes, rest homes and homes for the elderly: one
for every two beds.
(18) Parks: as determined by the director.
(19) 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).
SUPP. 10 (7-2021)
25-62
Z ONING § 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.)25-4-68
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.)25-4-69
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.)25-4-70
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.)25-4-71
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.)25-5-1
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.)25-5-2
25-73
§ 25-5-3 H AWAI‘I C OUNTY C ODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Apiaries.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, single-family.
(7) Family child care homes.
(8) Group living facilities.
(9) Home occupations, as permitted under section 25-4-13.
(10) Meeting facilities.
(11) Model homes, as permitted under section 25-4-8.
(12) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(13) Public uses and structures, as permitted under section 25-4-11.
(14) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(15) Temporary real estate offices, as permitted under section 25-4-8.
(16) 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; am 2024, ord 24-65, secs 7 and 10.)25-5-3
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.)25-5-4
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Z ONING § 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.)25-5-5
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.)25-5-6
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.
25-5-7
(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 accessory dwelling unit 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; am 2024, ord
24-70, sec 8.)25-5-8
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§ 25-5-20 H AWAI‘I C OUNTY C ODE
Division 2. RD, Double-Family Residential Districts.
Section 25-5-20. Purpose and applicability.
The RD (double-family residential) district provides for moderate density use
characterized by the establishment of single or double-family dwellings on each building
site. It applies to areas with developed community facilities. It may occupy a
transitional area between RS districts and those districts having a more intense use of
land.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-20
Section 25-5-21. Designation and density of RD districts.
Each RD (double-family residential district) shall be designated on the zoning map
by the symbol “RD” followed by the number “3.75” which requires that the minimum
land area for each dwelling unit shall be three thousand seven hundred fifty square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-21
Section 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments as permitted under section 25-4-7.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Community buildings, as permitted under section 25-4-11.
(6) Crop production.
(7) Dwellings, double-family or duplex.
(8) Dwellings, single-family.
(9) Family child care homes.
(10) Group living facilities.
(11) Home occupations, as permitted under section 25-4-13.
(12) Meeting facilities.
(13) Model homes, as permitted under section 25-4-8.
(14) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(17) Temporary real estate offices, as permitted under section 25-4-8.
(18) 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 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.
SUPP. 17 (1-2025)
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Z ONING § 25-5-22
(4) Day care centers.
(5) 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.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Medical clinics.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted
under this section shall also be permitted in the RD district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 4; am 2014, ord
14-86, sec 4; am 2018, ord 18-114, sec 6; am 2019, ord 19-100, sec 4; am 2021, ord 21-26,
sec 6; am 2024, ord 24-65, secs 7 and 10.)25-5-22
Section 25-5-23. Height limit.
The height limit in the RD district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-23
Section 25-5-24. Minimum building site area.
The minimum building site area in the RD district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-24
Section 25-5-25. Minimum building site average width.
Each building site in the RD 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.)25-5-25
Section 25-5-26. Minimum yards.
The minimum yards in the RD 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.
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§ 25-5-26 H AWAI‘I C OUNTY C ODE
(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 2.)25-5-266
Section 25-5-27. Other regulations.
(a) There may be more than one double-family dwelling or more than two single-family
dwellings or any combination thereof on each building site in the RD district;
provided that the minimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) An accessory dwelling unit may be located on any building site in the RD district,
as permitted under article 6, division 3 of this chapter.
(e) Exceptions to the regulations for the RD 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 3; am 2015,
ord 15-33, sec 4; am 2024, ord 24-70, sec 9.)25-5-27
Division 3. RM, Multiple-Family Residential Districts.
Section 25-5-30. Purpose and applicability.
The RM (multiple-family residential) district provides for medium and high density
residential use. It covers areas with full community facilities and services. It may
occupy transition areas between commercial or industrial areas and other districts of
less intense land use.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-30
Section 25-5-31. Designation and density of RM districts.
(a) Each RM (multiple-family residential) district shall be designated on the zoning
map by the symbol “RM” followed by a number which indicates the required land
area, in thousands of square feet, for each dwelling unit or for each separate
rentable unit in the case of boarding, rooming, or lodging houses, fraternity or
sorority houses.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RM
district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RM district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-31
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Z ONING § 25-5-32
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses.
(5) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(6) 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.
(7) Community buildings, as permitted under section 25-4-11.
(8) Crop production.
(9) Dwellings, double-family or duplex.
(10) Dwellings, multiple-family.
(11) Dwellings, single-family.
(12) Family child care homes.
(13) Group living facilities.
(14) Home occupations, as permitted under section 25-4-13.
(15) Meeting facilities.
(16) Model homes, as permitted under section 25-4-8.
(17) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(18) Public uses and structures, as permitted under section 25-4-11.
(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.
(20) Temporary real estate offices, as permitted under section 25-4-8.
(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.
(B) Areas determined by the director to be within resort areas identified by
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
(22) 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 RM 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.
SUPP. 17 (1-2025)
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§ 25-5-32 H AWAI‘I C OUNTY C ODE
(5) 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.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Medical clinics.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) 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 RM district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 5; am 2014, ord
14-86, sec 5; am 2018, ord 18-114, sec 7; am 2019, ord 19-100, sec 5; am 2021, ord 21-26,
sec 7; am 2024, ord 24-65, secs 7 and 10.)25-5-32
Section 25-5-33. Height limit.
(a) In areas in the County outside of the City of Hilo, the height limit in the RM
district shall be forty-five feet.
(b) In the City of Hilo, the height limit in the RM district shall be one hundred twenty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-33
Section 25-5-34. Minimum building site area.
The minimum building site in the RM district shall be seven thousand five hundred
square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-34
Section 25-5-35. Minimum building site average width.
Each building site in the RM district shall have a minimum average width of sixty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-35
Section 25-5-36. Minimum yards.
Minimum yards in the RM district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one-story building, plus an additional two feet for
each additional story.
(1996, ord 96-160, sec 2; ratified 1999, ord 96-160, sec 1.)25-5-36
Section 25-5-37. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the RM district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
25-5-37
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)
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Z ONING § 25-5-38
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RM 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 5; am 2015,
ord 15-33, sec 4.)25-5-38
Division 4. RCX, Residential-Commercial Mixed Use Districts.
Section 25-5-40. Purpose and applicability.
The RCX (residential-commercial mixed use) district provides for the mixing of
some small-scale service type commercial uses in a district that is primarily residential
in character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses so as to provide more of a neighborhood character
to the residential area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-40
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential-commercial mixed use) district shall be designated on the
zoning map by the symbol “RCX” followed by a number which indicates the
required land area, in thousands of square feet for each dwelling unit, or for each
separate rentable unit in the case of boarding, rooming, or lodging houses,
fraternity or sorority houses, or for each commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the
RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable
unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-41
Section 25-5-42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses.
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§ 25-5-42 H AWAI‘I C OUNTY C ODE
(5) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(6) Churches, temples and synagogues.
(7) Commercial or personal service uses, on a small scale, as approved by the
director.
(8) Community buildings, as permitted under section 25-4-11.
(9) Convenience stores.
(10) Crop production.
(11) Day care centers.
(12) Dwellings, double-family or duplex.
(13) Dwellings, multiple-family.
(14) Dwellings, single-family.
(15) Family child care homes.
(16) Group living facilities.
(17) Home occupations, as permitted under section 25-4-13.
(18) Medical clinics.
(19) Meeting facilities.
(20) Model homes, as permitted under section 25-4-8.
(21) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(22) Public uses and structures, as permitted under section 25-4-11.
(23) Restaurants.
(24) Schools.
(25) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(26) 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 RCX district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) 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.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Telecommunication antennas and towers.
(7) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the above uses shall
also be permitted in the RCX district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 6; am 2014, ord
14-86, sec 6; am 2018, ord 18-114, sec 8; am 2024, ord 24-65, secs 7 and 10.)25-5-42
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Section 25-5-43. Height limit.
The height limit in the RCX district shall be forty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-43
Section 25-5-44. Minimum building site area.
The minimum building site area in the RCX district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-44
Section 25-5-45. Minimum building site average width.
Each building site in the RCX district shall have a minimum average width of sixty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-45
Section 25-5-46. Minimum yards.
Minimum yards in the RCX district shall be as follows:
(1) Front and rear yards: twenty feet; and
(2) Side yards, eight feet for a one-story building, plus an additional two feet for
each additional story.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-46
Section 25-5-47. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the RCX district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 6.)25-5-47
Section 25-5-48. Commercial use restrictions.
(a) Where commercial uses are integrated with residential uses in the RCX district,
pedestrian access to the dwelling shall be independent from other uses and shall be
designed to enhance privacy for residents.
(b) No floor of any building in the RCX district shall be used for both dwelling and
commercial purposes.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-48
Section 25-5-49. Other regulations.
(a) There may be more than one main building on any building site in the RCX district.
(b) Distance between main buildings on the same building site in the RCX district
shall be at least fifteen feet.
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§ 25-5-49 H AWAI‘I C OUNTY C ODE
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RCX district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RCX 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 7; am 2015,
ord 15-33, sec 4.)25-5-49
Division 5. RA, Residential and Agricultural Districts.
Section 25-5-50. Purpose and applicability.
The RA (residential and agricultural) district provides for activities or uses
characterized by low density residential lots in rural areas where “city-like”
concentrations of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots. The RA district is
intended to be only within areas designated as being in the State land use rural or
urban districts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-50
Section 25-5-51. Designation of RA districts.
Each RA (residential and agricultural) district shall be designated on the zoning
map by the symbol “RA” followed by a number and the lower case letter “a” which
indicates the required or minimum number of acres for each building site. For example
RA-1a means a residential agricultural district with a minimum building site area of
one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-51
Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from any
street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Apiaries.
(6) Aquaculture.
(7) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing
of plants.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
(9) Crop production.
(10) Dwelling, single-family, one per building site.
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(11) Family child care homes.
(12) Group living facilities.
(13) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
(14) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
(15) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(16) Public uses and structures, as permitted under section 25-4-11.
(17) Roadside stands for the sale of agricultural products grown on the premises.
(18) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
(19) Utility substations, as permitted under section 25-4-11.
(20) Veterinary establishments.
(b) The following uses may be permitted in the RA district, provided that a use permit
is issued for each use:
(1) 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.
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the RA district, provided that if a building
site is located within the State land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations, as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
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§ 25-5-52 H AWAI‘I C OUNTY C ODE
(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) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical Clinics.
(8) Schools.
(9) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 11; am 2010,
ord 10-17, sec 4; am 2012, ord 12-28, sec 7; ord 12-124, sec 6; am 2014, ord 14-86, sec 7;
am 2021, ord 21-26, sec 8; am 2024, ord 24-65, secs 7 and 10.)25-5-52
Section 25-5-53. Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-53
Section 25-5-54. Minimum building site area.
The minimum building site area in the RA district shall be one-half acre. RA
districts having larger areas may be designated in increments of one-half acre up to a
recommended maximum of three acres. The recommended maximum does not specify
an absolute upper limit for any building site in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-54
Section 25-5-55. Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one
hundred feet for the first one-half acre of required area, plus twenty feet for each
additional one-half acre of required area; provided that no building site shall be
required to have an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-55
Section 25-5-56. Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-56
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Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the
yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(c) An accessory dwelling unit may be located on any building site in the RA district,
as permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development pursuant to article 6, division 1 of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4; am 2024, ord
24-70, sec 8.)25-5-57
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA (family agricultural) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by
farm estates, small acreage farms, or subsistence lots. The FA district is intended to be
in areas designated as being within the State land use agricultural district, where
public services and infrastructure are appropriate to support the very low density
residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be
detrimental to existing agricultural uses in the surrounding area.
In addition, this district is intended to be primarily comprised of agricultural lands
less than five acres in area, which are not classified as A or B lands under the land
study bureau’s master productivity rating, or classified as prime, unique, or other
important agricultural lands. Provided, that this district may include lands so classified
if the lands are situated within an urban expansion or other urban designation under
the general plan land use pattern allocation guide (LUPAG) map.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-60
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the
symbol “FA” followed by a number and the lower case letter “a” which indicates the
required number of acres for each building site. For example, FA-1a means a family
agricultural district with a minimum building site area of one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-61
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§ 25-5-62 H AWAI‘I C OUNTY C ODE
Section 25-5-62. Permitted uses.
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Apiaries.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawai‘i Revised
Statutes and as permitted under section 25-5-67(b).
(11) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(12) Game and fish propagation.
(13) Group living facilities.
(14) Kennels.
(15) Livestock, grazing; provided that any feed or water area, salt lick, corral, run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
(16) Public uses and structures, necessary for agricultural practices.
(17) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
(18) Riding academies, and rental or boarding stables.
(19) Roadside stands for the sale of agricultural products grown on the premises.
(20) Utility substations, as permitted under section 25-4-11.
(21) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock
grazing.
(22) Veterinary establishments.
(b) The following uses may be permitted in the FA district, provided that a use permit
is issued for each use:
(1) 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.
(2) Telecommunication antennas and towers.
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Z ONING § 25-5-62
(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
(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 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) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8;
am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8; am 2024, ord 24-65, secs 7
25-5-62
and 10.)
Section 25-5-63. Height limits.
The height limit in FA districts shall be thirty-five feet for any residential
structure, including any single-family dwelling or farm dwelling, and forty-five feet for
all other structures.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-63
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-64
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§ 25-5-65 H AWAI‘I C OUNTY C ODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre of required area plus twenty feet for each
additional acre of required area; provided that no building site shall be required to have
an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-65
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor, vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-66
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling located on or
used in connection with a farm or if the agricultural activity provides income to the
family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant’s continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) An accessory dwelling unit may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
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Z ONING § 25-5-67
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4; am 2024, ord
25-5-67
24-70, sec 8.)
Division 7. A, Agricultural Districts.
Section 25-5-70. Purpose and applicability.
The A (agricultural) district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-70
Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol
“A” followed by a number together with the lower case letter “a” which indicates the
required or minimum number of acres for each building site. For example, A-10a means
an agricultural district with a minimum building site area of ten acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-71
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Apiaries.
(6) Aquaculture.
(7) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(8) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(9) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(10) Crop production.
(11) Dwelling, single-family, as permitted under chapter 205, Hawai‘i Revised
Statutes and as permitted under section 25-5-77(b).
(12) Farm dwellings, as permitted under section 25-5-77(b) and (c).
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§ 25-5-72 H AWAI‘I C OUNTY C ODE
(13) Fertilizer yards utilizing only manure and soil, for commercial use.
(14) Forestry.
(15) Game and fish propagation.
(16) Group living facilities.
(17) Kennels.
(18) Livestock production, provided that piggeries and pen feeding of livestock shall
only be located on sites approved by the State department of health and the
director, and must be located no closer than one thousand feet away from any
major public street or from any other zoning district.
(19) Public uses and structures which are necessary for agricultural practices.
(20) Retention, restoration, rehabilitation, or improvement of building or sites of
historic or scenic interest.
(21) Riding academies, and rental or boarding stables.
(22) Roadside stands for the sale of agricultural products grown on the premises.
(23) Utility substations, as permitted under section 25-4-11.
(24) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
(25) Veterinary establishments.
(26) Wind energy facilities.
(b) The following uses may be permitted in the A district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf course 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.
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Community buildings, as permitted under section 25-4-11.
(5) Excavation or removal of natural building material or minerals, for
commercial use.
(6) Family child care homes.
(7) Guest ranches.
(8) Home occupations, as permitted under section 25-4-13.
(9) Lodges.
(10) Meeting facilities.
(11) Model homes, as permitted under section 25-4-8.
(12) Public dumps.
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(13) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of land
area per trailer, provided that plan approval is secured prior to commencing
such use.
(16) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
(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.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
(f) No building site shall be established after December 1, 1996 which shall in any way
restrict or limit aquaculture, horticulture, production of crops, keeping of livestock,
game and fish propagation, or the processing, sale or other commercial use of the
products of such uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010,
ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9;
25-5-72
am 2021, ord 21-26, sec 10; am 2024, ord 24-65, secs 7, 8, and 10.)
Section 25-5-73. Height limit.
The height limit in the A district shall be thirty-five feet for any residential
structure, including any single-family dwelling, or farm dwelling, and forty-five feet for
all other structures. The director may, however, permit by plan approval, any
nonresidential agricultural structures to be constructed to a height of one hundred feet,
if the director determines that the additional height above the forty-five foot height
limit is necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-73
Section 25-5-74. Minimum building site area.
The minimum building site area in the A district shall be five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-74
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§ 25-5-75 H AWAI‘I C OUNTY C ODE
Section 25-5-75. Minimum building site average width.
Each building site in the A district shall have a minimum average width of two
hundred feet for the first five acres of required area plus twenty feet for each additional
acre of required area. Provided that no building site shall be required to have an
average width greater than one thousand feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-75
Section 25-5-76. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) For accessory uses such as shade cloth structures used in controlling the amount of
sunlight in the raising of plants and flowers, rear, side and front yards in the A
district shall be at least ten feet, except where the A district shares common
boundaries with urban zones and main government roads.
(c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other
elements of nature in the raising of fruits, vegetables and similar agricultural
products, rear, side and front yards shall be at least ten feet except where:
(1) Exterior walls of any type other than shade cloth are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
government roads.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.)25-5-76
Section 25-5-77. Other regulations.
(a) If any legal building site in the A district has an area of less than five acres, then
the yard, minimum building site average width and height requirements for the
building site shall be the same as the yard and height requirements in the
FA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the A district. A farm dwelling is a single-family dwelling that is located on
or used in connection with a farm or if the agricultural activity provides income to
the family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the A district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
25-94
Z ONING § 25-5-77
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant’s continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) An accessory dwelling unit may be located on any building site in the A district, as
permitted under article 6, division 3 of this chapter.
(e) Exceptions to the regulations for the A 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 2015, ord 15-33, sec 4; am 2024, ord
24-70, sec 8.)25-5-77
Division 8. IA, Intensive Agricultural Districts.
Section 25-5-80. Purpose and applicability.
The IA (intensive agricultural) district provides for the preservation of important
agricultural lands as provided for in the general plan and characterized by a mix of
small and large scale commercial farms and other agricultural operations which may
include residential use in the form of farm dwellings closely tied to intensive
agricultural use. The lands in the IA district are those lands which have the soil,
quality, growing season, and moisture supply needed to sustain high yields of crops
generally or of specific crops of statewide or local importance when managed according
to modern farming methods. All IA districts shall be located within the State land use
agricultural or conservation district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-80
Section 25-5-81. Designation of IA districts.
The IA (intensive agricultural) district shall be designated by the symbol “IA”
followed by a number together with the lower case letter “a” which indicates the
required or minimum number of acres for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-81
Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Apiaries.
(5) Aquaculture.
(6) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(7) Crop production.
(8) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(9) Forestry.
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§ 25-5-82 H AWAI‘I C OUNTY C ODE
(10) Livestock production, provided that piggeries and pen feeding of livestock shall
not be closer than one thousand feet away from any major road or to any
district other than the A district on building sites approved by the State
department of health and the director.
(11) Public uses and structures which are necessary for agricultural practices.
(12) Utility substations, as permitted under section 25-4-11.
(b) The following uses may be permitted in the IA district, provided that a use permit
is obtained for such use:
(1) Telecommunication antennas and towers.
(c) The following uses may be permitted in the IA districts, provided that a special
permit is obtained for such use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Churches, temples, or synagogues.
(3) Community buildings as permitted under section 25-4-11.
(4) Day care centers.
(5) Hospitals.
(6) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
(7) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
(d) In IA districts in areas with over thirty percent slope, in gullies, and where rough
terrain discourages intensive agricultural uses, the director may approve any other
uses which are permitted in the RA, FA, or A districts.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the IA district.
(f) No building site shall be established in the IA district which shall in any way
restrict or limit the uses permitted under this section.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 14; am 2010,
25-5-82
ord 10-17, sec 7; am 2012, ord 12-28, sec 10; am 2024, ord 24-65, secs 7, 9, and 10.)
Section 25-5-83. Height limit.
The height limit in the IA district shall be thirty-five feet for any residential
structure, including any farm dwelling, and forty-five feet for all other structures. The
director may, however, permit by plan approval, any nonresidential agricultural
structures to be constructed to a height of one hundred feet, if the director determines
that the additional height above the forty-five foot height limit is necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-83
Section 25-5-84. Minimum building site area.
The minimum building site area in the IA district shall be five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-84
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Z ONING § 25-5-85
Section 25-5-85. Minimum building site average width.
Each building site in the IA district shall have a minimum average width of two
hundred feet for the first five acres of required area, plus twenty feet for each additional
acre of required area. Provided that no building site shall be required to have an
average width greater than one thousand feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-85
Section 25-5-86. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards required in the IA
district shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) For accessory uses such as shade cloth structures used in controlling the amount of
sunlight in the raising of plants and flowers, rear, side and front yards in the IA
district shall be at least ten feet, except where the IA district shares common
boundaries with urban zones and main government roads.
(c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other
elements of nature in the raising of fruits, vegetables and similar agricultural
products, rear, side and front yards shall be at least ten feet except where:
(1) Exterior walls of any type other than shade cloth are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The IA district shares common boundaries with urban zones and main
government roads.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 2.)25-5-86
Section 25-5-87. Other regulations.
(a) If any building site in the IA district has an area of less than five acres, then the
minimum yards shall be the same as the yards in an FA district having an area
requirement nearest to that of the subject building site in the IA district.
(b) One farm dwelling shall be permitted on any building site in the IA district, if it is
located on or used in connection with a farm or if the agricultural activity provides
income to the family occupying the dwelling. In the case where agricultural activity
has not been established, a farm dwelling agreement shall be entered into with the
County to insure that agricultural activity will be established by the applicant
within three years from the date that the building permit for the farm dwelling is
issued.
(c) Additional farm dwellings may be permitted in the IA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
25-97
§ 25-5-87 H AWAI‘I C OUNTY C ODE
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant’s continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) Exceptions to the regulations for the IA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
25-5-87
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 9. V, Resort-Hotel Districts.
Section 25-5-90. Purpose and applicability.
The V (resort-hotel) district applies to areas to accommodate the needs and desires
of visitors, tourists and transient guests. It applies to specific areas where public roads
and public utilities are available or where suitable alternate private facilities are
assured. It may apply to a single isolated hotel or resort with or without a commercial
mall or shopping section.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-90
Section 25-5-91. Designation and density of V districts.
(a) Each V (resort-hotel) district shall be designated on the zoning map by the symbol
“V” followed by a number which indicates the required land area, in thousands of
square feet, for each dwelling unit or for each separate rentable unit in the case of
hotels, resorts, inns, lodges, motels, motor hotels, motor lodges, or other similar
rentable units.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the V
district.
(c) Maximum density designation in the V district shall be .75 or seven hundred fifty
square feet of land area for each dwelling unit or separate rentable unit.
(d) In the V district, no limitation shall be placed on the increments used between the
various density designations; however, the recommended incremental density
designations are: .75, 1, 1.25, 1.5 and upward in 0.25 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-91
Section 25-5-92. Permitted uses.
(a) The following uses shall be permitted in the V district:
(1) Adult day care homes.
(2) Amusement and recreational facilities, indoor.
(3) Apiaries.
(4) Art galleries, museums.
(5) Automobile service stations.
(6) Bars, night clubs and cabarets.
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Z ONING § 25-5-92
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Business services.
(9) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(10) Churches, temples, and synagogues.
(11) Commercial parking lots and garages.
(12) Community buildings, as permitted under section 25-4-11.
(13) Day care centers.
(14) Dwellings, double-family or duplex.
(15) Dwellings, multiple-family.
(16) Dwellings, single-family.
(17) Family child care homes.
(18) Financial institutions.
(19) Group living facilities.
(20) Home occupations, as permitted under section 25-4-13.
(21) Hotels.
(22) Lodges.
(23) Medical clinics.
(24) Meeting facilities.
(25) Major outdoor amusement and recreation facilities.
(26) Model homes, as permitted under section 25-4-8.
(27) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(28) Personal services.
(29) Photography studios.
(30) Public uses and structures, as permitted under section 25-4-11.
(31) Restaurants.
(32) Retail establishments.
(33) Short-term vacation rentals.
(34) Telecommunication antennas, as permitted under section 25-4-12.
(35) Temporary real estate offices, as permitted under section 25-4-8.
(36) Theaters.
(37) Time share units.
(38) Utility substations, as permitted under section 25-4-11.
(39) Visitor information centers.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the V district, provided that a use permit is issued for each
use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) 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.
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§ 25-5-92 H AWAI‘I C OUNTY C ODE
(3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(4) Schools.
(5) 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 V district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-26, sec 2; am 2012, ord
12-28, sec 11; am 2014, ord 14-86, sec 10; am 2018, ord 18-114, sec 9; am 2024, ord
24-65, secs 7 and 10.)25-5-92
Section 25-5-93. Height limit.
(a) The height limit in the V district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the V district in the City of Hilo shall be one hundred twenty
feet.
(c) The height limit in the V district at Keauhou Bay and Kahaluu Bay shall be ninety
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-93
Section 25-5-94. Minimum building site area.
The minimum building site in the V district shall be fifteen thousand square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-94
Section 25-5-95. Minimum building site average width.
Each building site in the V district shall have a minimum average width of ninety
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-95
Section 25-5-96. Minimum yards.
The minimum yards in the V district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for one story, and an additional two feet for each
additional story.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-96
Section 25-5-97. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the V district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
25-5-97
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 8.)
Section 25-5-98. Other regulations.
(a) More than one main building may be situated on any building site in the V district.
(b) The distance between main buildings on one building site in the V district shall be
at least fifteen feet.
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Z ONING § 25-5-98
(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.)25-5-98
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.)25-5-100
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.)25-5-101
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) Apiaries.
(4) Automobile service stations.
(5) Bed and breakfast establishments, as permitted under section 25-4-7.
(6) 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.
(7) Business services.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Churches, temples and synagogues.
(10) Community buildings, as permitted under section 25-4-11.
(11) Convenience stores.
(12) Crematoriums, funeral homes, funeral services, and mortuaries.
(13) Crop production.
(14) Day care centers.
(15) 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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§ 25-5-102 H AWAI‘I C OUNTY C ODE
(16) 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.
(17) Dwellings, single-family.
(18) Family child care homes.
(19) 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.
(20) Financial institutions.
(21) Group living facilities.
(22) Home occupations, as permitted under section 25-4-13.
(23) Medical clinics.
(24) Meeting facilities.
(25) Model homes, as permitted under section 25-4-8.
(26) Museums.
(27) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(28) Offices.
(29) Personal services.
(30) Photography studios.
(31) Public uses and structures, as permitted under section 25-4-11.
(32) Repair establishments, minor.
(33) Restaurants.
(34) Retail establishments.
(35) Schools.
(36) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(37) Telecommunication antennas, as permitted under section 25-4-12.
(38) Theaters.
(39) 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,
25-5-102
ord 20-3, sec 1; am 2024, ord 24-65, secs 7 and 10.)
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.)25-5-103
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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.)25-5-104
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.)25-5-105
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.)25-5-106
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.)25-5-107
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.
25-103
§ 25-5-108 H AWAI‘I C OUNTY C ODE
(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.)25-5-108
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.)25-5-110
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.)25-5-111
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) Apiaries.
(4) Art galleries, museums.
(5) Art studios.
(6) Automobile sales and rentals.
(7) Automobile service stations.
(8) Bars, nightclubs and cabarets.
(9) Bed and breakfast establishments, as permitted under section 25-4-7.
(10) 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.
(11) Broadcasting stations.
(12) Business services.
(13) Car washing, provided that if it is mechanized, sound attenuated structures or
sound attenuated walls shall be erected and maintained on the property lines.
(14) Catering establishments.
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Z ONING §25-5-112
(15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(16) Churches, temples and synagogues.
(17) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(18) Commercial parking lots and garages.
(19) Community buildings, as permitted under section 25-4-11.
(20) Convenience stores.
(21) Crematoriums, funeral homes, funeral services, and mortuaries.
(22) Crop production.
(23) Day care centers.
(24) Display rooms for products sold elsewhere.
(25) 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.
(26) 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.
(27) Dwellings, single-family.
(28) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
(29) Family child care homes.
(30) 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.
(31) Financial institutions.
(32) Group living facilities.
(33) Home occupations, as permitted under section 25-4-13.
(34) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(35) Hotels.
(36) Ice storage and dispensing facilities.
(37) Laboratories, medical and research.
(38) Laundries.
(39) Light manufacturing, processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
(40) Medical clinics.
(41) Meeting facilities.
(42) Model homes, as permitted under section 25-4-8.
(43) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(44) Offices.
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(45) Personal services.
(46) Photography studios.
(47) Public uses and structures, as permitted under section 25-4-11.
(48) Printing shops, cartographing and duplicating processes such as blueprinting
or photostating shops.
(49) Repair establishments, minor.
(50) Restaurants.
(51) Retail establishments.
(52) Schools.
(53) Short-term vacation rentals.
(54) Telecommunication antennas, as permitted under section 25-4-12.
(55) Theaters.
(56) Time share units.
(57) Utility substations, as permitted under section 25-4-11.
(58) Veterinary establishments.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CG district, provided that a use permit is issued for each
use:
(1) 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.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted use shall be
permitted in the CG district.
(d) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CG district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 13; am 2014, ord
14-86, sec 11; am 2018, ord 18-114, sec 11; am 2021, ord 21-26, sec 11; am 2024, ord
24-65, secs 7 and 10.)25-5-112
Section 25-5-113. Height limit.
(a) The height limit in the CG district shall be forty-five feet, except in those areas
designated in subsection (b) below.
(b) The height limit in the City of Hilo shall be one hundred twenty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-88, sec 2.)25-5-113
Section 25-5-114. Minimum building site area.
The minimum building site area in the CG district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-114
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Section 25-5-115. Minimum building site average width.
Each building site in the CG district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-115
Section 25-5-116. Minimum yards.
The minimum yards in the CG district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX 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.)25-5-116
Section 25-5-117. Landscaping of yards.
(a) All front yards in the CG 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 CG 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 12.)25-5-117
Section 25-5-118. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CG district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CG 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 13; am 2015,
ord 15-33, sec 4.)25-5-118
Division 12. CV, Village Commercial Districts.
Section 25-5-120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of
commercial and light industrial uses that are necessary to serve the population in rural
areas where the supplementary support of the general business uses and activities of a
central commercial district is not readily available.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-120
25-107
§ 25-5-121 H AWAI‘I C OUNTY C ODE
Section 25-5-121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol “CV”
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-121
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Apiaries.
(4) Art galleries, museums.
(5) Automobile sales and rentals.
(6) Automobile service stations.
(7) Bars.
(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) Business services.
(11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(12) Churches, temples and synagogues.
(13) Commercial parking lots and garages.
(14) Community buildings, as permitted under section 25-4-11.
(15) Convenience stores.
(16) Crematoriums, funeral homes, funeral services, and mortuaries.
(17) Crop production.
(18) Day care centers.
(19) 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.
(20) 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.
(21) Dwellings, single-family.
(22) Family child care homes.
(23) 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) Financial institutions.
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(25) Group living facilities.
(26) Home occupations, as permitted under section 25-4-13.
(27) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(28) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(29) Laboratories, medical and research.
(30) Lodges.
(31) 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.
(32) Medical clinics.
(33) Meeting facilities.
(34) Model homes, as permitted under section 25-4-8.
(35) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(36) Offices.
(37) Personal services.
(38) Photography studios.
(39) Public uses and structures, as permitted under section 25-4-11.
(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.
(41) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(42) Repair establishments, minor.
(43) Restaurants.
(44) Retail establishments.
(45) Schools.
(46) Short-term vacation rentals.
(47) Telecommunication antennas, as permitted under section 25-4-12.
(48) Temporary real estate offices, as permitted under section 25-4-8.
(49) Theaters.
(50) 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 CV district, provided that a use permit is issued for each
use:
(1) 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.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
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§ 25-5-122 H AWAI‘I C OUNTY C ODE
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord
14-86, sec 12; am 2018, ord 18-114, sec 12; am 2021, ord 21-26, sec 12; am 2024, ord
24-65, secs 7 and 10.)25-5-122
Section 25-5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-123
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-124
Section 25-5-125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-125
Section 25-5-126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX 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.)25-5-126
Section 25-5-127. Landscaping of yards.
(a) All front yards in the CV 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 CV 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 14.)25-5-127
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Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV 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 15; am 2015,
ord 15-33, sec 4.)25-5-128
Division 13. MCX, Industrial-Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-130
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial-commercial mixed use) district shall be designated by the
symbol “MCX” followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-131
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Apiaries.
(4) Art galleries, museums.
(5) Art studios.
(6) Automobile sales and rentals.
(7) Automobile service stations.
(8) Bars, nightclubs and cabarets.
(9) Broadcasting stations.
(10) Business services.
(11) Car washing.
(12) Catering establishments.
(13) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(14) Churches, temples and synagogues.
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§ 25-5-132 H AWAI‘I C OUNTY C ODE
(15) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleaning agent.
(16) Commercial parking lots and garages.
(17) Community buildings, as permitted under section 25-4-11.
(18) Convenience stores.
(19) Crematoriums, funeral homes, funeral services, and mortuaries.
(20) Data processing facilities.
(21) Display rooms for products sold elsewhere.
(22) Equipment sales and rental yards.
(23) Farmers markets.
(24) Financial institutions.
(25) Food manufacturing and processing.
(26) Home improvement centers.
(27) Ice storage and dispensing facilities.
(28) Kennels in sound-attenuated buildings.
(29) Laboratories, medical and research.
(30) Laundries.
(31) Manufacturing, processing and packaging establishments, light.
(32) Medical clinics.
(33) Meeting facilities.
(34) Model homes.
(35) Motion picture and television production studios.
(36) Offices.
(37) Personal services.
(38) Photographic processing.
(39) Photography studios.
(40) Plant nurseries.
(41) Public uses and structures, as permitted under section 25-4-11.
(42) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(43) Repair establishments, minor.
(44) Restaurants.
(45) Retail establishments.
(46) Sales and service of machinery used in agricultural production.
(47) Schools, business.
(48) Schools, photography, art, music and dance.
(49) Schools, vocational.
(50) Self-storage facilities.
(51) Telecommunications antennas, as permitted under section 25-4-12.
(52) Temporary real estate offices, as permitted under section 25-4-8.
(53) Theaters.
(54) Utility substations, as permitted under section 25-4-11.
(55) Veterinary establishments in sound-attenuated buildings.
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(56) Warehousing.
(57) Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the MCX district, provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
(2) Schools.
(3) 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 MCX district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2003, ord 03-113, sec 1; am 2011, ord
11-26, sec 3; am 2012, ord 12-28, sec 15; am 2024, ord 24-65, secs 7 and 10.)25-5-132
Section 25-5-133. Height limit.
The height limit in the MCX district shall be forty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-133
Section 25-5-134. Minimum building site area.
The minimum building site area in the MCX district shall be twenty thousand
square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-134
Section 25-5-135. Minimum building site average width.
Each building site in the MCX district shall have a minimum building site average
width of ninety feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-135
Section 25-5-136. Minimum yards.
The minimum yards in the MCX district shall be as follows:
(1) Front yards, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX zoned district,
there shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-136
Section 25-5-137. Landscaping of yards.
(a) All front yards in the MCX district shall be landscaped, except for necessary access
drives and walkways.
(b) Any required side or rear yard in the MCX district adjoining a building site in an
RS, RD, RM or RCX district, 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-137
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§ 25-5-138 H AWAI‘I C OUNTY C ODE
Section 25-5-138. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
25-5-138
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 14. ML, Limited Industrial Districts.
Section 25-5-140. Purpose and applicability.
The ML (limited industrial) district applies to areas for business and industrial
uses which are generally in support of but not necessarily compatible with those
permissible activities and uses in other commercial districts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-140
Section 25-5-141. Designation of ML districts.
Each ML (limited industrial) district shall be designated by the symbol “ML”
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.)25-5-141
Section 25-5-142. Permitted uses.
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Apiaries.
(7) Aquaculture activities.
(8) Automobile and truck sales and rentals.
(9) Automobile and truck storage facilities.
(10) Automobile service stations.
(11) Bakeries.
(12) Bars.
(13) Broadcasting stations.
(14) Car washing.
(15) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(16) Catering establishments.
(17) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(18) Churches, temples and synagogues.
(19) Cleaning and dyeing plants.
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(20) Commercial parking lots and garages.
(21) Community buildings, as permitted under section 25-4-11.
(22) Contractors’ yards for equipment, material, and vehicle storage, repair, or
maintenance.
(23) Crematoriums, funeral homes, funeral services, and mortuaries.
(24) Day care centers.
(25) Financial institutions.
(26) Food manufacturing and processing facilities.
(27) Greenhouses, plant nurseries.
(28) Heavy equipment sales, service and rental.
(29) Home improvement centers.
(30) Junkyards, provided that the building site is not less than one acre in area.
(31) Laboratories, medical and research.
(32) Laundries.
(33) Lumberyards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
(34) Manufacturing, processing and packaging establishments, light.
(35) Motion picture and television production studios.
(36) Photographic processing.
(37) Plumbing, electrical, air conditioning and heating establishments.
(38) Primary airports, provided that plan approval is secured from the director.
(39) Public uses and structures, as permitted under section 25-4-11.
(40) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(41) Recycling centers, which do not involve the processing of recyclable materials.
(42) Repair establishments, minor.
(43) Restaurants.
(44) Self storage facilities.
(45) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Transportation and tour terminals.
(49) Truck, freight and draying terminals.
(50) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(51) Utility substations, as permitted under section 25-4-11.
(52) Veterinary establishments.
(53) Vocational schools.
(54) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(55) Wholesaling and distribution, including the storage of incidental materials
and equipment, except for highly flammable or explosive products.
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§ 25-5-142 H AWAI‘I C OUNTY C ODE
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the ML district, provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
(2) Schools.
(3) Yacht harbors and boating facilities.
(c) The following uses may be permitted in the ML district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the operation
of any permitted use.
(2) Retail sales.
(3) Services for persons working in an ML district which are conducted within an
integral part of a main structure with entrances from the interior of the
building and which have no display or advertising visible from the street.
(d) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the ML district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-26, sec 4; am 2012, ord
12-28, sec 16; am 2019, ord 19-100, sec 8; am 2020, ord 20-94, sec 3; am 2024, ord 24-65,
secs 7 and 10.)25-5-142
Section 25-5-143. Height limit.
The height limit in the ML district shall be forty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-143
Section 25-5-144. Minimum building site area.
The minimum building site area in the ML district shall be ten thousand square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-144
Section 25-5-145. Minimum building site average width.
Each building site in the ML district shall have a minimum building site average
width of seventy-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-145
Section 25-5-146. Minimum yards.
Minimum yards in the ML district shall be as follows:
(1) Front yard, fifteen feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX district, there
shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-146
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Section 25-5-147. Other regulations.
(a) All front yards in the ML district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the ML 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, along the side or rear
property lines so adjoining, except for necessary drives and walkways.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the ML district.
(d) Exceptions to the regulations for the ML 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 2015, ord 15-33, sec 4.)25-5-147
Division 15. MG, General Industrial Districts.
Section 25-5-150. Purpose and applicability.
The MG (general industrial) district applies to areas for uses that are generally
considered to be offensive or have some element of danger.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-150
Section 25-5-151. Designation of MG districts.
Each MG (general industrial) district shall be designated by the symbol “MG”
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site, or if the number is followed by the symbol
“a,” by the minimum number of acres required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-151
Section 25-5-152. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Animal sales, stock, and feed yards.
(7) Apiaries.
(8) Aquaculture activities and facilities.
(9) Automobile and truck storage facilities.
(10) Automobile body and fender establishments.
(11) Automobile service stations.
(12) Bakeries.
(13) Bars.
(14) Breweries, distilleries, and alcohol manufacturing facilities.
(15) Broadcasting stations.
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(16) Bulk storage of flammable products and bulk storage of explosive products.
(17) Car washing.
(18) Catering establishments.
(19) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(20) Churches, temples and synagogues.
(21) Cleaning and dyeing plants.
(22) Commercial parking lots and garages.
(23) Community buildings, as permitted under section 25-4-11.
(24) Concrete or asphalt batching and mixing plants and yards.
(25) Contractors’ yards for equipment, material, and vehicle storage, repair, or
maintenance.
(26) Crematoriums, funeral homes, funeral services, and mortuaries.
(27) Day care centers.
(28) Dumping, disposal, incineration, or reduction of refuse or waste matter.
(29) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
(30) Fabricating establishments.
(31) Fertilizer manufacturing plants.
(32) Financial institutions.
(33) Food manufacturing and processing facilities.
(34) Freight movers.
(35) Greenhouses, plant nurseries.
(36) Heavy equipment sales, service and rental.
(37) Home improvement centers.
(38) Junkyards.
(39) Kennels.
(40) Laboratories, medical and research.
(41) Laundries.
(42) Lava rock or stone cutting or shaping facilities.
(43) Lumberyards and building material yards.
(44) Machine, welding, sheet metal, and metal plating and treating establishments.
(45) Manufacturing, processing and packaging establishments, light and general.
(46) Marine railways, drydocks, and ship or boat yards.
(47) Motion picture and television production studios.
(48) Photographic processing.
(49) Primary airports, provided that plan approval is secured from the director.
(50) Public dumps.
(51) Public uses and structures, as permitted under section 25-4-11.
(52) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(53) Recycling centers.
(54) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
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(55) Repair establishments, major and minor.
(56) Restaurants.
(57) Saw mills.
(58) Self storage facilities.
(59) Slaughterhouses.
(60) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(61) Storage, curing, or tanning of raw, green, or salted hides or skins.
(62) Telecommunication antennas, as permitted under section 25-4-12.
(63) Temporary real estate offices, as permitted under section 25-4-8.
(64) Transportation and tour terminals.
(65) Truck, freight and draying terminals.
(66) Utility facilities, public and private, including power plants, offices or yards for
equipment, material, vehicle storage, repair or maintenance.
(67) Utility substations, as permitted under section 25-4-11.
(68) Veterinary establishments.
(69) Warehousing.
(70) Wholesaling and distribution, including the storage of incidental materials and
equipment.
(71) Yacht harbors and boating facilities.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the MG district, provided that a use permit is issued for each
use:
(1) Commercial excavation.
(2) Major outdoor amusement and recreation facilities.
(3) Schools.
(c) Any other use not otherwise permitted in subsection (a) that relates to the
manufacturing, transportation, processing, assembling, distributing, repairing, and
storage of goods, products, or materials, shall be permitted in the MG district.
(d) The following uses shall be permitted in the MG district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the operation
of any permitted use.
(2) Retail sales.
(3) Services for persons working in an MG district which are conducted within an
integral part of a main structure with entrances from the interior of the
building and which have no display or advertising visible from the street.
(e) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the MG district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-68, sec 2; am 2011, ord
11-26, sec 5; am 2012, ord 12-28, sec 17; am 2019, ord 19-100, sec 9; am 2020, ord 20-94,
sec 4; am 2024, ord 24-65, secs 7 and 10.)25-5-152
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§ 25-5-153 H AWAI‘I C OUNTY C ODE
Section 25-5-153. Height limit.
The height limit in the MG district shall be fifty feet. An industrial structure may
be built to a height of one hundred feet, provided the extra height is determined by the
director to be functionally necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-153
Section 25-5-154. Minimum building site area.
The minimum lot area in the MG district shall be twenty thousand square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-154
Section 25-5-155. Minimum building site average width.
Each building site in the MG district shall have a minimum building site average
width of one hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-155
Section 25-5-156. Minimum yards.
The minimum yards in the MG district shall be as follows:
(1) Front yard, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX district, there
shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-156
Section 25-5-157. Other regulations.
(a) All front yards in the MG district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the MG district adjoins a building site in
an RS, RD, RM or RCX district, a solid wall six feet in height shall be erected and
maintained along the side and rear property lines so adjoining.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the MG district.
(d) Exceptions to the regulations for the MG district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
25-5-157
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
25-120
Z ONING §25-5-160
Division 16. O, Open Districts.
Section 25-5-160. Purpose and applicability.
The O (open) district applies to areas that contribute to the general welfare, the full
enjoyment, or the economic well-being of open land type use which has been
established, or is proposed. The object of this district is to encourage development
around it such as a golf course and park, and to protect investments which have been or
shall be made in reliance upon the retention of such open type use, to buffer an
otherwise incompatible land use or district, to preserve a valuable scenic vista or an
area of special historical significance, or to protect and preserve submerged land, fishing
ponds, and lakes (natural or artificial tide lands).
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-160
Section 25-5-161. Designation of O districts.
Each O (open) district shall be designated by the symbol “O.”
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-161
Section 25-5-162. Permitted uses.
(a) The following uses shall be permitted in the O district:
(1) Apiaries.
(2) Aquaculture activities and facilities.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Existing churches and temples of historical significance.
(6) Forestry.
(7) Game preserves.
(8) Growing of plants provided such growth does not impair a view intended to be
preserved in the O district.
(9) Heiaus, historical areas, structures, and monuments.
(10) Natural features, phenomena, and vistas as tourist attractions.
(11) Private recreational uses involving no aboveground structure except dressing
rooms and comfort stations.
(12) Public parks.
(13) Public uses and structures, as permitted under section 25-4-11.
(14) 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 O district, provided that a use permit is issued for each
use:
(1) Crematoriums, funeral homes, funeral services, and mortuaries.
(2) Golf courses, 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.
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§ 25-5-162 H AWAI‘I C OUNTY C ODE
(3) Yacht harbors and boating facilities; provided that the use, in its entirety, is
compatible with the stated purpose of the O district.
(4) Wind energy facilities; provided that the property is within the state land use
agricultural district.
(5) Telecommunication antennas.
(c) Uses considered directly accessory to the uses permitted in this section shall also be
permitted in the O district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-2, sec 3; ord 08-46, sec 1;
am 2011, ord 11-25, secs 3 and 4; am 2012, ord 12-28, sec 18; am 2014, ord 14-86, sec 13;
am 2024, ord 24-65, secs 7 and 10.)25-5-162
Section 25-5-163. Height limit.
There shall be no height limit in the O district, except as specified as a condition of
approval attached to any use permit or plan approval. For this purpose, the height limit
in the adjoining districts shall be used as guides.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-163
Section 25-5-164. Minimum building site area.
There shall be no minimum building site area in the O district, except as a
condition of approval attached to any plan approval. For this purpose, the minimum
building site area regulations in the adjoining districts shall be used as guides.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-164
Section 25-5-165. Minimum building site average width.
There shall be no minimum building site average width in the O district, except as
specified as a condition of approval attached to any plan approval. For this purpose the
minimum building site average width regulations in the adjoining districts shall be
used as guides.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-165
Section 25-5-166. Minimum yards.
There shall be no minimum yards in the O district, except as specified as a
condition of approval attached to any plan approval. For this purpose, the minimum
yard regulations in the adjoining districts shall be used as guides.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-166
Section 25-5-167. Other regulations.
Plan approval shall be required for all new structures and additions to existing
structures in the O district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-167
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Division 3. Accessory Dwelling Units.
Section 25-6-30. General provisions, applicability.
The following facilities are required to serve an accessory dwelling unit:
(1) Sewage Disposal System. The building site shall be served by a sewage
disposal system that meets the requirements of all applicable State and
County agencies.
(2) Potable Water Supply. The building site shall be served by a public or private
water system, rain catchment system, or private well. A combination of water
systems may also be allowed when approved by the director after meeting the
requirements of the State department of health.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-30
Section 25-6-31. Where permitted.
(a) Accessory dwelling units shall be permitted on a building site within the RS, RD,
RA, FA, and A districts.
(b) Any building site within the State land use agricultural district shall be subject to
agricultural requirements for farm dwellings as established by ordinance or by rule
of the director, adopted pursuant to chapter 91, Hawai‘i Revised Statutes.
(c) Accessory dwelling units shall have a final inspection before use as a dwelling.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1; am 2024, ord
24-70, sec 10.)25-6-31
Section 25-6-32. Prohibited areas.
Accessory dwelling units shall be prohibited in the following areas:
(1) Any building site within the State land use conservation district;
(2) Any building site developed under an affordable housing project which has
been granted preemptions from the requirements of this Code; or
(3) Any building site on which the construction of an accessory dwelling unit or a
second dwelling unit is specifically prohibited by a change of zone ordinance.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-32
Section 25-6-33. Designation of the accessory dwelling unit.
The director may designate an existing, first single-family dwelling unit as an
accessory dwelling unit in order to allow permitting of a new first single-family dwelling
unit.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-33
Section 25-6-34. Height and size limit.
An accessory dwelling unit shall not exceed one thousand two hundred and fifty
square feet in living area, exclusive of any lanai, garage, or carport, and further shall
not exceed the height limit for the zoning district in which the building site is situated.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-34
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§ 25-6-35 H AWAI‘I C OUNTY C ODE
Section 25-6-35. Minimum yard requirements; duplex permitted.
(a) The minimum front, rear, and side yard requirements for an accessory dwelling
unit shall be the minimum yard requirements for the zoning district in which the
building site is situated unless the parcel is nonconforming to the zoning district, in
which case the minimum yard requirements of the zoning appropriate to the parcel
size shall be required.
(b) An accessory dwelling unit and a single-family dwelling unit may be constructed as
a duplex (i.e., there is a common wall or floor/ceiling).
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-35
Section 25-6-36. Density limit.
Accessory dwelling units shall be restricted to a maximum of three per building
site, except, where a building site is permitted to have more than one primary dwelling,
one accessory dwelling unit shall be allowed for each primary dwelling authorized by
the applicable zoning regulations.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-36
Section 25-6-37. Off-street parking spaces.
The number of parking spaces for an accessory dwelling unit shall be as provided
under section 25-4-51.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-37
Section 25-6-38. Permitted uses.
No more than one accessory dwelling unit shall be permitted for use as a transient
accommodation rental, provided there are no other transient accommodation rentals on
the building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-38
Section 25-6-39. Limiting and prohibiting.
Unless provided as a condition of approval under this chapter or chapter 23, no
deed restriction, covenant, condition, declaration of condominium property regime,
association bylaw, or any other agreement that runs with the subject land duly executed
and recorded after October 7, 2024, may limit or prohibit the construction of accessory
dwelling units thereon.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-39
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Z ONING § 25-6-39.1
Section 25-6-39.1. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 2024, ord 24-70, sec 10.)25-6-39.1
Section 25-6-39.2. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 2024, ord 24-70, sec 10.)25-6-39.2
Section 25-6-39.3. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1; rep 2024, ord
24-70, sec 10.)25-6-39.3
Section 25-6-39.4. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 2024, ord 24-70, sec 10.)25-6-39.4
Section 25-6-39.5. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 2024, ord 24-70, sec 10.)25-6-39.5
Section 25-6-39.6. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1; am 2011, ord
11-103, sec 13; rep 2024, ord 24-70, sec 10.)25-6-39.6
Section 25-6-39.7. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 2024, ord 24-70, sec 10.)25-6-39.7
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§ 25-6-40 H AWAI‘I C OUNTY C ODE
Division 4. Project Districts (PD).
Section 25-6-40. Purpose and applicability.
The project district (PD) development is intended to provide for a flexible and
creative planning approach rather than specific land use designations, for quality
developments. It will also allow for flexibility in location of specific uses and mixes of
structural alternatives. The planning approach would establish a continuity in land
uses and designs while providing for a comprehensive network of infrastructural
facilities and systems. A variety of uses as well as open space, parks, and other project
uses are intended to be in accord with each individual project district objective. A
project district is an amendment to this chapter which changes the district boundaries
in accordance with the individual project district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-40
Section 25-6-41. Criteria for establishing a project district.
A project district may be established as an amendment to this chapter whenever
the public necessity and convenience and the general welfare require that a
comprehensive planning approach for an area should be adopted in order to establish a
continuity in land uses and designs while providing a comprehensive network of
infrastructural facilities and systems. In addition, a project district may only be
established if the proposed district:
(1) Is consistent with the intent and purpose of this chapter and the County
general plan; and
(2) Will not result in a substantial adverse impact upon the surrounding area,
community or region.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-41
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SUPP. 17 (1-2025)
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Z ONING § 25-7-2
Section 25-7-2. Design commission membership; appointment; term.
(a) The design commission shall consist of nine members who shall be appointed by the
mayor with the approval of the council. The members shall be representative of the
Kona district, provided that a majority of the appointive members shall have lived
or worked in the Kailua Village for a minimum of two years prior to this
appointment. The design commission members shall include two design
professionals (registered architects and/or landscape architects), two members with
backgrounds in building construction and/or engineering, two members with
knowledge about historic Kona, its cultural values and resources, and the
remaining three members representing local business or property owners.
(b) The members shall serve staggered terms of three years. Upon the initial
appointment of the design commission, three shall serve for a term of one year,
three for a term of two years, and three for a term of three years. When the term of
a member expires, the member shall continue to serve until a successor is
appointed. Members whose terms expire may not be reappointed to the design
commission for at least two years, however, members appointed for one year or less
may be reappointed for an additional term without the passage of two years’ time.
Except as provided for in this section, the design commission shall be governed by
the County Charter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-2
Section 25-7-3. Rules of procedure.
The design commission shall adopt rules of procedure, pursuant to chapter 91,
Hawai‘i Revised Statutes, relating to matters within the design commission’s
jurisdiction.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-3
Section 25-7-4. Powers and duties of the Kailua Village design commission.
(a) The design commission shall recommend to the director an architectural and design
concept of theme for Kailua Village that recognizes the desires and concerns of all
public and private interests.
(b) The design commission shall provide an architectural and design review of
applications requiring plan approval by the director. The design commission’s
review and recommendations to the director shall be completed within thirty days
from the date of the design commission’s receipt of the plans requiring plan
approval. If a recommendation is not received within the allotted period, the
director shall continue to process the request for plan approval.
25-151
§ 25-7-4 H AWAI‘I C OUNTY C ODE
(c) The design commission shall provide an architectural and design review of all
planned public improvements such as street widening, street lights, and so forth, as
well as all private improvements such as landscaping, structural painting, or any
activity which will alter the physical appearance of Kailua Village. The
recommendations shall be forwarded to the director within thirty days from the
design commission’s receipt of the proposal. If a recommendation is not received
within the allotted period, the director shall continue to process the
proposed activity.
(d) All of the design commission’s advice and recommendations to the director shall be
consistent with the provisions of the County Charter, general plan, zoning and all
other related ordinances and any publicly funded master plan developed for
Kailua Village.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2009, ord 09-118, sec 20.)25-7-4
Section 25-7-5. Amendment of district boundaries.
The Kailua Village boundaries as described in section 25-7-1 shall be subject to
review in 1979 and every five years thereafter by the council, and may be amended as
appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-5
Division 2. CDH, Downtown Hilo Commercial District.
Section 25-7-20. Purpose and applicability.
The CDH (downtown Hilo commercial) district is established to reinforce and
promote downtown Hilo’s role as a compact high density area for retail shopping,
professional and administrative activities, cultural and arts activities, other supportive
business and commercial services, and multiple-family housing. 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 Kapiolani Street/Kaiulani Street, the Wailuku River, Hilo Bay and Ponahawai Street.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-20
Section 25-7-21. Designation of CDH district.
The CDH (downtown Hilo commercial) district shall be designated by the symbol
“CDH.”
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-21
Section 25-7-22. Permitted uses.
(a) The following uses shall be permitted uses in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Apiaries.
(4) Art galleries.
SUPP. 17 (1-2025)
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Z ONING § 25-7-22
(5) 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.
(6) Bakeries.
(7) Bars, cocktail lounges and night clubs.
(8) Bed and breakfast establishments, as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses.
(10) Broadcasting stations or studios (radio and television).
(11) Business services.
(12) Car washing, provided that the facilities are not detrimental to the character
of the district.
(13) Commercial parking lots and garages.
(14) Community buildings, as permitted under section 25-4-11.
(15) Crop production.
(16) Display rooms for products sold elsewhere.
(17) Dwellings, double-family or duplex, with a maximum density of five hundred
square feet of land area per rentable unit or dwelling unit.
(18) Dwellings, multiple-family, with a maximum density of five hundred square
feet of land area per rentable unit or dwelling unit.
(19) Dwellings, single-family.
(20) Family child care homes.
(21) 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.
(22) Financial institutions.
(23) Group living facilities.
(24) Home occupations, as permitted under section 25-4-13.
(25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(26) Hotels and apartment hotels with a maximum density of five hundred square
feet of land area per rentable unit.
(27) Laundries other than those utilizing steam cleaning equipment, provided that
the facilities are not detrimental to the character of the district.
(28) Manufacturing, processing and packaging, light, provided that the activities
are not detrimental to the character of the district.
(29) Medical clinics.
(30) Meeting facilities.
(31) Model homes, as permitted under section 25-4-8.
(32) Modeling agencies.
(33) Museums and libraries.
SUPP. 17 (1-2025)
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§ 25-7-22 H AWAI‘I C OUNTY C ODE
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography and artist studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
(40) Repair establishments, minor.
(41) Restaurants.
(42) Retail establishments, provided that they are not detrimental to the character
of the district.
(43) Schools, business.
(44) Schools, photography, art, music, dance or other similar studios or academies.
(45) Schools, vocational.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters, auditoriums and indoor sports arenas.
(49) 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2013, ord 13-95, sec 3; am 2021, ord
25-7-22
21-26, sec 13; am 2024, ord 24-65, secs 7 and 10.)
Section 25-7-23. Height limit.
The height limit in the CDH district shall be one hundred twenty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-23
Section 25-7-24. Minimum building site area.
The minimum building site area in the CDH district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-24
Section 25-7-25. Minimum building site average width.
Each building site in the CDH district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-25
Section 25-7-26. Minimum yards.
Front, rear and sides: none, except as required by plan approval.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-26
SUPP. 17 (1-2025)
25-154
North Kona § 25-8-3
1975 C.C.
)
18
09)09)04)20
-
---
05)05)5a1a
15
-4--
-485
-
----
115)113)131)132 that149)115 that
55
------
--2
FinalZoning RSFAFA
105)110)
--
1a20a20a
---
Effective Date 1
OriginalZoning(Amends Ord. 05(Effective Date 8(Amends Ord. 05(Effective Date 8(Amends Ord. 09(Effective Date 11(Amends Ord. 09Amended 06(Effective Date 11(Amends Ord. 04(Effective Date
12(Amends Ord. 18Amended 04(AAA
085, and
-
:011
of Parcel
078, 084100
017:001017:019005:001005:001011:068008:013, 030, 074, 017:024024:003
004
--
---------
552234333
---------
TMKAffected 777777076090777
anui 1st,anui 1st,
uapua
aiki 1st and Puapuaaiki 1st and P
, North Kona, North Kona
oma, 1st, North Kona
O
General Location PuapuaNorth KonaPuapuaNorth KonaKaKaKalaoa 1st and 2nd, North KonaKaloko, North KonaKalaoa, North Kona
2
21212121212222424
---------
080816312121290125
---------
EffectiveDate 010103030604040811
1225274034485590
---------
Ord.No.212121212122222424
-
Paragraph(265)(266)(267)(268)(269)(270)(271)(272)(273)
SUPP. 17 (1-2025)
25A-26.1
This page intentionally left blank.
SUPP. 10 (7-2021)
25A-26.2
City of Hilo § 25-8-33
1975 C.C.
12)
20
-
-
20
25
-
-
132)
-
FinalZoning RSMCX
Ord. 12
10
-
3a
-
Repeals
OriginalZoning ARS((Effective Date 10
017
:
079:002036:076
038
---
422
---
TMK of ParcelAffected 222
General Location Hilo, South HiloHilo, South Hilo
e
232424
---
291903
---
EffectivDate 120609
1053564
---
Ord.No.232424
-
Paragraph(450)(451)(452)
SUPP. 17 (1-2025)
25A-129
This page intentionally left blank.
25A-130
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 17 (1-2025)
Contains ordinances effective through: 12-31-2024
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume Three
INDEX
AFFORDABLE HOUSING
-- A --
See HOUSING, AFFORDABLE
HOUSING POLICY
ABANDONED CARS
See ABANDONED OR DERELICT
AGING, COUNTY EXECUTIVE ON
VEHICLES
Under supervision of managing director
2-7
ABANDONED PROPERTY
See ABANDONED OR DERELICT
AGING, OFFICE OF
VEHICLES;
Under supervision of managing director
PARKS AND RECREATION
2-7
ABANDONED OR DERELICT
AGRICULTURAL TOURISM
VEHICLES
See also ZONING
Disposal assistance program
Agricultural tourism 25-4-15
applications 20-07-21
Parking 25-4-51
disposition of vehicles 20-07-01
Plan approval application 25-2-75
established 20-07-21
Plan approval required 25-2-71
Prohibitions, by location:
in parks 15-18
ALCOHOLIC BEVERAGES
on public highways 20-07-01,
See also DEPARTMENT OF LIQUOR
24-199
CONTROL;
on public or private property
DIRECTOR OF
20-07-01
DEPARTMENT OF LIQUOR
CONTROL
ACCESSORY DWELLING UNIT
Permits
See ZONING
applications 14-3
conditions 14-4
ADDRESSES
violation, penalty 14-6
Address numbers
Prohibited
display 14-84
minors 13-9
posting at intersections 22-5.1
public places, in certain 14-1
procedures 14-82
school buses 18-70
standards 14-83
Restricted use areas requiring permits
Street names
drink between certain hours 14-2
authority 22-5.2
drinking allowed between certain
criteria 14-86
times 14-2.1, 14-2.2
method 22-5.2
procedures 14-85
ANIMAL CONTROL AND
repository 22-5.3
PROTECTION ADMINISTRATOR
signs 14-87
See also ANIMAL CONTROL AND
ADMINISTRATION
PROTECTION AGENCY
ADVERTISING
Animal control officers 4-1-1
See also COMMERCIAL
Under supervision of managing director
SPONSORSHIP
2-7
OF COUNTY ASSET
Park areas 15-27
SUPP. 17 (1-2025)
I-1
ANIMAL CONTROL AND
PROTECTION AGENCY
ANIMAL CONTROL AND
Certificate of public convenience and
PROTECTION AGENCY
necessity 18-13
See also ANIMAL CONTROL AND
Change services, improvements, and
PROTECTION assessment 35-33
ADMINISTRATOR; Construction code
ANIMALS; alternative materials, design, and
DOGS; methods of construction 5-11-2
DOGS, DANGEROUS appeals, generally 5-11-3
Animal control officers 4-2-4 County streets 22-8.2
Impound power 4-2-3, 4-3-1
Erosion and sedimentation control 10-6
Pounds 4-2-1, 4-2-2
Firearms, license to carry 14-119.2
Under supervision of managing
Flood control requirements 27-34
director 2-7 Hydraulic fracturing 14-125
Integrated solid waste management
ANIMAL POUND 20-02-22
Administration 4-2-2 Ordinance of annexation 35-41
Established 4-2-1 Paratransit service 18-97
Impound power 4-2-3 Public access 34-15
Real property tax 19-91
ANIMALS Signs 3-38
See also DOGS Special improvement financing by
Aerial eradication unlawful 14-112 community facilities district,
Animals struck by vehicle, driver protest 32-26
duty 4-3-3 Street name, numbering or
Cruelty to animals 4-3-4 requirements 14-88
Defecation and nuisance Taxicab license 18-37.15
prohibited 4-3-6 Transient accommodations taxes 2-265
Enforcement 4-9-1 Zoning code 25-2-20, 25-2-35
Impoundment, after trespass 4-3-1
Places prohibited to animals 4-3-5 ARBORIST ADVISORY COMMITTEE
Consultation with committee 14-61
Public lands, animal use restricted 15-4
Exceptional tree designation 14-60
Membership 14-58
APIARIES
Powers, duties 14-59
Generally accepted management
practices 4-5-4
Nuisance 4-5-5 ATTORNEYS
Zoning regulations 25-4-48 See CORPORATION COUNSEL;
PROSECUTING ATTORNEY
APPEALS
AUCTIONEERS
See also Pertinent chapters
See also AUCTIONS
Business improvement districts, protests
Adverse interest prohibited 6-37
regarding establishment of district
35-13 License
Central coordinating agency 2-65 exceptions 6-33
required 6-34
SUPP. 17 (1-2025)
I-2
AUCTIONS
AUCTIONS Operation, reasonable and prudent
See also AUCTIONEERS speed 24-185
Authority to conduct 6-36 Parking 24-186
Disposition of real property 2-112
Receipts to purchasers 6-38 BLIND PERSON
Violation, penalty 6-39 See REAL PROPERTY TAXES –
EXEMPTIONS
AUTOMOBILES
See VEHICLES BOARD OF APPEALS
Appeals from planning director
AXIS DEER
administrative enforcement
Harboring 14-108
25-2-35
Penalty 14-110
agricultural project district site plans
Transport 14-106, 14-107
25-6-59.2
central coordinating agency 2-65
cluster plan development
-- B --
25-6-26
de minimus structure position
BEACHES
discrepancy 25-4-71
See PUBLIC ACCESS CODE;
hydraulic fracturing policy 14-125
PARK AND RECREATIONAL
park dedication code 8-13
FACILITIES
plan approval 25-2-79
project district site plans
BED AND BREAKFASTS
25-6-49.2
See ZONING
public access code 34-15
short-term vacation rental
BEEKEEPING
nonconforming use certificate
See APIARIES
25-4-16.1
standard of review 25-2-23
BEER
street addressing and naming 14-88
See ALCOHOLIC BEVERAGES
subdivision code 23-5
variances 25-2-58
BEGGING
zoning code 25-2-20
See PEDDLERS, CANVASSERS AND
Appeals from public works director
SOLICITORS
construction code
alternative materials, design and
BICYCLES
methods of construction
See also COMMERCIAL BICYCLE
5-11-2
TOURS
enforcement 5-10-2
Bicycle lanes 24-185
other appeals 5-11-3
established 24-185
variances 5-11-1
traffic schedule 24-294
erosion and sedimentation control
Bicycle routes 24-295
10-6
established 24-185
sign code 3-38
traffic schedule 24-295
enforcement 3-38
variances 3-22
SUPP. 17 (1-2025)
I-3
BOARD OF ETHICS
BOARD OF ETHICS
KAILUA VILLAGE DESIGN
Campaign mass mailings, fines for
COMMISSION;
prohibited 2-80.1
LEEWARD PLANNING COMMISSION;
Confidentiality 2-90 ;
Conflict of interest 2-83 PUBLIC ACCESS, OPEN SPACE, AND
County agencies cooperation 2-89 NATURAL RESOURCES
Financial disclosure statements 2-91.1 PRESERVATION COMMISSION;
Gift disclosure statement 2-91.5 REDISTRICTING COMMISSION;
Lobbyist registration 2-91.3 SUSTAINABILITY ACTION COMMITTEE;
Opinions
VETERANS ADVISORY COMMITTEE;
disposition after formal opinion 2-88
WINDWARD PLANNING COMMISSION;
formal 2-87
WORKFORCE INNOVATION AND
informal advisory 2-86
OPPORTUNITY BOARD
post-employment conduct 2-91.2
Code of ethics 2-81
Members of boards, commissions considered
BOARD OF REVIEW, REAL officer of the County 2-81
PROPERTY TAXES
COMMITTEES AND COMMISSIONS
See also REAL PROPERTY TAXES
BONDS
Administration 19-97
Bonds of officials required 2-2
Appeals 19-99
Created 19-96
BUDGET STABILIZATION FUND
Deposit, nonrefundable 19-100
Administration 2-220
Organization 19-96
Creation, purpose 2-219
BOARDS, COMMITTEES, AND
BUILDING
COMMISSIONS
See
See
BUILDING CODE;
ARBORIST ADVISORY
CONSTRUCTION ADMINISTRATIVE
COMMITTEE;
CODE;
BOARD OF APPEALS;
ELECTRICAL CODE;
BOARD OF ETHICS; ENERGY CONSERVATION CODE;
BOARD OF REVIEW, REAL EXISTING BUILDING CODE;
PROPERTY TAXES; INTERNATIONAL BUILDING CODE;
COUNTY TRANSPORTATION INTERNATIONAL ENERGY
COMMISSION;
CONSERVATION CODE;
ENVIRONMENTAL MANAGEMENT
INTERNATIONAL EXISTING
COMMISSION;
BUILDING CODE;
FAMILY VIOLENCE ADVISORY
INTERNATIONAL RESIDENTIAL
COMMISSION;
CODE;
NATIONAL ELECTRICAL CODE;
FIRE BOARD OF APPEALS;
PLUMBING CODE;
FIRE COMMISSION;
RESIDENTIAL BUILDING CODE;
HAWAI‘I COUNTY CULTURAL
UNIFORM PLUMBING CODE
RESOURCES COMMISSION;
SUPP. 16 (7-2024)
I-4
CIGARETTES AND TOBACCO
CIGARETTES AND TOBACCO
Gifts 2-91.4, 2-91.5
See also SMOKING
Interpretation 2-80
County business license to sell,
Lobbyist registration 2-91.3
not required 6-30 Opinions
Posted signs required 14-139 disposition after issuance of formal
Tobacco products, distribution of opinion 2-88
14-138 formal 2-87
informal advisory 2-86
CIVIL DEFENSE ADMINISTRATOR Post employment disclosure, etc. 2-91.2
See also CIVIL DEFENSE AGENCY
Purpose 2-79
Duties 7-1-2
BUSTIBLES
Under supervision of managing director
COMFORT STATIONS
2-7
Park area sanitation regulations 15-30
CIVIL DEFENSE AGENCY COMMERCIAL BICYCLE TOURS
Annual registration 6-10
See also CIVIL DEFENSE
ADMINISTRATOR Authority to restrict 6-11
Duties 7-1-3 Penalties 6-13
Emergency management plans 7-1-4 Prohibited on certain highways 6-12
Emergency powers 7-1-6
Mayor, head of agency 7-1-2 COMMERCIAL SPONSORSHIP OF
Under supervision of managing director COUNTY ASSETS
2-7 Authority
exclusions 2-240
CLAIMS generally 2-239
Against officers, employees 2-188 General requirements 2-243
For tax exemptions Sponsorships
See REAL PROPERTY TAXES agreement 2-241
Settlement, corporation recognition 2-242
counsel 2-9
COMMISSIONS
See BOARDS, COMMITTEES, AND
CLUSTER PLAN DEVELOPMENT
COMMISSIONS
See ZONING
CODE OF ETHICS COMMITTEES
See also BOARD OF ETHICS See BOARDS, COMMITTEES, AND
Applicability 2-81 COMMISSIONS
Campaign mass mailings 2-80.1
Confidentiality 2-90, 2-91.6 COMMUNITY DEVELOPMENT PLAN
ACTION COMMITTEES
Conflicts of interest 2-84
See also COMMUNITY
Contracts 2-85, 2-85.1
DEVELOPMENT PLANS
Discipline 2-91
Duties, responsibilities 16-6
Disclosures of interest 2-91.1
Membership, tenure 16-5
Fair treatment 2-83
Financial disclosures 2-91.1 Purpose 16-4
SUPP. 17 (1-2025)
I-7
COMMUNITY DEVELOPMENT
PLANS
COMMUNITY DEVELOPMENT PLANS
special tax
See also COMMUNITY
apportionment 32-30
DEVELOPMENT PLAN
levy 32-32
ACTION COMMITTEES General provisions
Adoption and incorporation by reference advances of funds or work in-kind
of community development plans 32-13
16-2 contribution by County 32-12
Review, amendment 16-3 payment for property acquired by
County or other public entity
COMMUNITY FACILITIES DISTRICTS,
32-17
SPECIAL IMPROVEMENT FINANCING
payment of existing assessments or
Annexation of territory debt service 32-8
authority 32-46 provision of alternate method of
notice of hearing 32-49 financing 32-2
ordinance of annexation 32-47, revolving fund 32-11
32-48 special levy 32-10
protests 32-50, 32-51 transfer from other funds 32-9
Bonds types of special improvements 32-7
general obligation bonds 32-71 Levy of special tax 32-53, 32-54
levy of amount of special taxes 32-62 CILITIES DISTRICTS
ordinance 32-57 CONDEMNATION
refunding 32-65 See also CORPORATION COUNSEL,
sale 32-63 OFFICE OF
Changes Land acquisition, condemnation 12-21
authorization to change 32-36 Taxes, remission 19-35
facilities, elimination of 32-35
financing limited to facilities CONFLICT OF INTEREST
specified in ordinance 32-33 See CODE OF ETHICS;
notice of hearing 32-40 NONPROFIT ORGANIZATIONS
ordinance for changes 32-39
CONSTRUCTION ADMINISTRATIVE
petition for 32-37, 32-38
CODE
protests 32-42
See also
special tax, levy of 32-34
BOARD OF APPEALS;
District establishment procedures
district boundaries 32-31 BUILDING CODE;
institution of procedures 32-18 BUILDING CODE, EXISTING;
notice of hearing 32-22, 32-23 BUILDING CODE, RESIDENTIAL;
waiver of notice and hearing ELECTRICAL CODE;
32-24 ENERGY CONSERVATION CODE;
PLUMBING CODE
ordinance of formation 32-29
Appeals regarding alternative materials,
petition requesting institution 32-19
protests 32-26 design, and methods of construction
reports of facilities 32-21 5-11-2
resolution of intention 32-20 Certificate of occupancy 5-8-22
SUPP. 16 (7-2024)
I-8
CONSTRUCTION
ADMINISTRATIVE CODE
Contractors and specialty contractors generally, when required 5-3-1
work 5-4-4 relocation of buildings 5-3-3
Design, alternative 5-2-23 separate 5-3-5
Electrical service, authorization for temporary 5-3-4
permanent 5-8-21 term
Engineers and architects, work 5-4-3 expiration 5-5-4
Existing buildings 5-1-4 extension 5-5-5
Factory-built housing 5-3-2 who may be issued 5-6-1
Fees Permit application
inspections, extra or regulatory application 5-4-1
5-7-5 designation of person, contractor, or
permit 5-7-3 subcontractor who will do work
permit plan review 5-7-1 5-5-3
pre-approved plans 5-7-2 documents to accompany application
refunds 5-7-8 5-4-2
temporary certificate of occupancy filed prior to change in law 5-4-8
5-7-6 Permit application review, action, and
temporary permit 5-7-4 issuance
valuation of construction costs 5-7-3 action on application 5-4-6
Inspections issuance 5-5-1
final 5-8-5 review 5-4-5
general requirements 5-8-1, 5-8-4 withdrawal 5-4-7
regulatory inspections 5-8-7 Plan pre-approval 5-4-21
requests for inspection 5-8-3 Plans retention 5-5-6
right of entry 5-2-6 Scope of construction administrative
special inspection 5-8-6 code 5-1-3
work shall be visible 5-8-2 Unsafe buildings, structures,
Materials, equipment, devices categories
alternative 5-2-23 dangerous or hazardous 5-9-4
approved 5-2-21 structurally unsafe 5-9-3
used 5-2-22 substandard 5-9-2
Methods of construction, alternative unsafe 5-9-1
5-2-23 department action
Permit finding, notice and order 5-9-6
compliance 5-2-3 other action 5-9-8
not required posting signs 5-9-7
emergency work 5-3-25 Variances 5-11-1
exempt, building work 5-3-22 Violation, enforcement
exempt, electrical work 5-3-23 administrative 5-10-2
exempt, plumbing work 5-3-24 criminal 5-10-3
exemptions 5-3-21 injunctive 5-10-4
posting 5-5-2 violations 5-10-1
required Work, who is eligible to perform 5-6-2
factory-built housing 5-3-2
SUPP. 17 (1-2025)
I-9
CORPORATION COUNSEL
CORPORATION COUNSEL
COUNTY HOUSING PROGRAM
Bond required 2-2
REVOLVING FUND
Claims, settlement 2-9
Created 2-74
Deputies, salaries 2-144 Use of 2-75
Land acquisition, settlement 2-10
Under supervision of managing COUNTY MOTTO
director 2-7 County seal 2-154
COUNTY AGENCIES COUNTY SEAL
See DEPARTMENTS AND OTHER
Description 2-154
AGENCIES OF COUNTY
Unauthorized use 2-155
COUNTY BUSES
COUNTY SEWER FUND
See PUBLIC TRANSPORTATION
Administration 21-34
Creation 21-34
COUNTY CLERK
Bond required 2-2
COUNTY TRANSPORTATION
Public records fee schedule 2-103
COMMISSION
Mass transit administrator 18-4
COUNTY CODE
Membership, tenure 18-3
See HAWAI‘I COUNTY CODE
Powers, duties 18-5
COUNTY COUNCIL
CREMATORIUMS
Subpoenas, issuance 2-4
See also CEMETERIES
Subdivision requirements 23-27
COUNTY COUNCIL MEMBERS
Bond required 2-2
CROSSWALKS
See TRAFFIC
COUNTY EQUIPMENT DISPOSAL
Director of finance, powers and duties
CURFEW
2-131 Minors 13-1, 13-2
Proceeds 2-132
-- D --
COUNTY EXECUTIVE ON AGING
See also OFFICE OF AGING
DEAF PERSON
Under supervision of managing director
See REAL PROPERTY TAXES –
2-7
EXEMPTIONS
COUNTY GENERAL PLAN
DEDICATED LANDS
See GENERAL PLAN
See REAL PROPERTY TAXES –
EXEMPTIONS
COUNTY HOUSING AGENCY
See HOUSING
SUPP. 16 (7-2024)
I-10
DEFECATION
DEFECATION
Agricultural products processing, minor
Dogs, small domesticated animals 4-3-6
25-1-5
Park and recreational areas 15-30
Agricultural tourism 25-1-5
Agriculture 23-113
DEFINITIONS Agriculture use value 19-2
Abandoned vehicle 20-01-03 Air-conditioning equipment 24-130
Acceptable level of service 25-2-46 Alerting organization 7-1-1
Accessible to a sewer 21-2 Alley 23-3, 24-3, 25-1-5
Accessory building 25-1-5 Alternate energy improvement 19-82
Accessory dwelling unit 19-2, 25-1-5 Alternating current level 2 charging
Accessory structure 5-1-5, 5A-1-6, station 25-1-5
5B-1-6, 5C-1-6, 5F-1-6 Amusement and recreation facility,
Accessory use 25-1-5, 27-12 indoor 25-1-5
Address 14-80 Amusement and recreation facility,
Africanized honeybee 4-5-3 major outdoor 25-1-5
Adjusted assessment base 33-2 And/or 1-4
Adjustment rate 33-2 Animal control officer 4-1-1
Administrative action 2-91.3 Animals 4-1-1
Administrative agency 2-91.3 Annex 17-1-4
Administrative head 2-238 Another 3-3, 22-1.2
Administrator 7-1-1 Apartment 23-122
Adult 14-98 Apartment house 25-1-5
Adult day care home 25-1-5 Apiary 4-5-3, 25-1-5
Adult dog 15-78 Appeal 27-12
Adult personal use 14-98 Applicant 2-5
Aerial device 17-2-2 Appointing authority 2-143
Aerial sign 3-3 Approval 8-2, 34-3
Aesthetic areas 15-66 Approved development 25-2-46
Affected assessment unit 12-1 Aquaculture 25-1-5
Affordable housing 11-3 Architect 5-1-5
Area coordinator 14-67
Affordable housing developer 2-110
Area mitigation 25-2-46
Affordable housing income guidelines
Area of shallow flooding 27-12
11-3
Arterial 23-3
Affordable rental housing 19-2
Affordable rental rate 19-2 Arterial street 24-3
Affordable unit or affordable housing Article 5D-1-6
unit 11-3 Articles pyrotechnic 17-2-2
Agency 1-4, 2-82, 11-3, 14-7 Assessed value of real property 35-1
Aggressive manner 14-74 Assessment base 33-2
Agricultural activities 25-1-5 Assessment increment 33-2
Agricultural building 5-1-5, 5A-1-6 Assessment unit 12-1
Agricultural/open district 3-3 At large 4-1-1
Agricultural products processing, major Attack 4-1-1
25-1-5 Auction 6-32
Auctioneer 6-32
SUPP. 17 (1-2025)
I-11
DEFINITIONS
Authority having jurisdiction Building, enclosed 5B-2-1
5-1-5, 5A-1-6, 5B-1-6, 5B-2-1, 5C-1-6, Building height 25-1-5
5D-1-6, 5E-1-6, 5F-1-6, 17-1-4 Building line 23-3, 25-1-5
Authorized association 35-60 Building official 5A-2-1(d),
Authorized association-installed 35-60 5B-2-1(d), 5B-3-22, 5D-1-6, 14-51
Authorized emergency vehicle 24-3 Building, open 5B-2-1
Authorized person 2-26, 7-1-1, 15-3 Building or house sewer 21-2
Authorized personnel 25-1-5 Building, partially enclosed 5B-2-1
Automated sign 3-3 Building site 25-1-5
Automobile service station 25-1-5 Building site average width 25-1-5
B.O.D. (biochemical oxygen demand) Building work 5-1-5, 5A-1-6, 5B-1-6,
21-2 5C-1-6
Backfill 27-12 Bureau of conveyances 23-3
Banner 3-3 Bus 24-3
Banner permits 3-9 Business 1-4, 2-82, 3-3, 6-8, 14-20,
Bar 14-20 20-1-03
Base flood 27-12 Business district 24-3
Base flood elevation 5A-4-2, 5B-4-2, Business establishment 3-3
5C-4-2, 5D-3-2, 5F-3-2, 27-12 Business improvement district 22-1.2,
Basement 27-12 35-1
Beach park 15-3 Business or industrial street 23-3
Bed and breakfast establishment 25-1-5 Business service 25-1-5
Bee 4-5-3 Camper 15-3
Beekeeper 4-5-3 Camping 15-3
Beginning of construction 25-1-5 Camping units 15-3
Bicycle 6-8, 24-3 Candidate 2-91.1, 2-121
Bicycle lane 24-3 Cannabis 14-98
Bicycle path 24-3 Capital costs 2-235
Bicycle route 24-3 Care home 25-1-5
Bicycle/walk path 24-3
Carport 5A-2-1(d), 5B-2-1(d)
Bikeway 24-3 Carrier 18-1
Bizarre council district shape 36-1 Cash sponsorship 2-238
Blight 33-2 Catering establishment 25-1-5
Blind 19-75 Certificate of disability 24-242
Blue light content 14-51 Certification of rental rate 19-2
Board 2-82, 17-3-1 Certified hale builder 5A-3-26
Certified medical gas installer 5F-1-6
Bodily injury 4-1-1
Bond ordinance 35-1 Certified medical gas verifier 5F-1-6
Bonds 1-4, 32-16, 35-1 Cesspool 21-2
Chapter 5A-1-6, 5B-1-6, 5C-1-6, 5D-1-6
Borrow 10-1
Charter 1-4
Bowling alley 14-20
Chief of police 14-7, 14-67, 14-115,
Breakaway walls 27-12
18-31, 22-1.2, 24-202.4
Building 1-4, 3-3, 5-1-5, 5A-2-1, 5B-1-6,
5B-2-1, 5C-1-6, 5C-2-1, 5E-1-6, City 1-4
5F-1-6, 14-20, 14-80, 22-1.2, 25-1-5 City of Hilo 23-3, 25-1-5
Building drain 5F-2-1
SUPP. 17 (1-2025)
I-12
DEFINITIONS
Civil defense agency 7-1-1
Condominium unit 12-1
Civil defense siren 25-2-46
Conflict of interest 2-136
Class I lighting 14-51
Conforming 23-3, 25-1-5
Class II lighting 14-51 Connection 21-2
Class III lighting 14-51 Consolidation 12-30, 23-3
Clerk 1-4, 32-16 Construction code 5-1-5, 5A-1-6, 5B-1-6,
Coastal high hazard area 27-12 5C-1-6, 5E-1-6, 5F-1-6
This code 5A-1-6, 5B-1-6, 5C-1-6, Consumer fireworks 17-2-2
5D-1-6, 5E-1-6, 5E-2-1(b), 5F-1-6 Continuity of operations plan 7-1-1
Code official 5C-2-1(d), 5E-2-1(b) Continuous and regular basis 19-2
Collector street 23-3 Contribution 2-91.3, 2-238
Colony 4-5-3 Controlled access highway 24-3
Commercial 3-3 Controlling interest 2-82
Commercial activity 34-12 Convenience store 25-1-5
Commercial agricultural activities 19-2 Cool roof 5E-2-1(b)
Commercial agricultural use dedication Cooperating department 12-1
19-2 Corporation counsel 22-1.2
Commercial bicycle tour 6-8 Cost 2-5, 12-1, 32-16
Commercial building 14-20 Costs of supplemental improvements
Commercial excavation 25-1-5 35-1
Commercial interests 3-3 Costs of supplemental services and
Commercial parking lot and garage improvements 35-1
25-1-5 Council 1-4, 2-136, 2-225, 3-3, 18-31,
Commercial/industrial district 3-3 25-1-5,31-2, 32-16, 33-2
Commercially viable agricultural Council district deviation 36-1
operation 19-2 County 1-4, 2-167, 2-225, 19-2, 30-3,
Commission 2-198, 18-1, 18-31, 20-1-3, 32-16, 33-2, 35-1
21-2, 25-1-5, 36-1 County asset 2-238
Commissioner 36-1 County building code 17-2-2
Committee 2-121 County clerk 35-1
County engineer 24-3
Common driveway approach 22-1.2
County environmental report 25-1-5
Common element 23-122
County facility 20-1-3
Community building 25-1-5
County facility users 20-1-3
Community facilities district 32-16
Community food sustainability use 19-2 County fire code 17-2-2, 17-3-1
Community of interest or community of County general plan 23-3
common interest 36-1 County highway 14-67
Community storm shelter 5A-3-24 County park and recreational facility
Compensation 2-82 15-91
Completion 25-6-31 Cracking 36-1
Compostable 20-1-3 Crematorium 25-1-5
Comprehensive emergency management Critical road area 25-2-46
plan 7-1-1 Crop production 25-1-5
Condominium 23-122 Crosswalk 24-3
Condominium property regime 23-122 Cruise or cruising 18-31
SUPP. 17 (1-2025)
I-13
DEFINITIONS
Cul-de-sac 23-3 Directory sign 3-3
Cultural 17-2-2 Disaster 7-1-1
Customer 20-1-3 Disaster relief 2-247
Cut 10-1 Disaster relief funds 2-247
Damage to the road 24-157 Disease 4-5-3
Dangerous dog 4-1-1, 15-78 Disorderly conduct 15-9
Data processing facility 25-1-5 Display 17-2-2
Date of classification 19-2 Display case 3-3
Day care center 25-1-5 Display fireworks 17-2-2
DBEDT 31-2 Disposable food service ware 20-1-3
De minimis structure position Distribute 14-137
discrepancy 25-1-5 District 1-4, 3-3, 8-2, 22-1.2, 32-16, 35-1,
Dead-end street 23-3 35-60
Deaf 19-75 District association 22-1.2, 35-1
Debt 32-16 District board 35-1
Declaration 23-122 District engineer 23-3, 24-3
Dedicated lands 19-2 District-wide publication
Dedication 34-3 dispensing rack permit 22-1.2
Default 21-38 Diversified agriculture 19-2
Density 25-1-5 Divided highway 24-3
Department 2-136, 2-198, 2-225, 3-3, Dog park 15-78
14-120, 14-137, 15-3, 17-2-2, Donations 2-161
201-3, 24-221 Drainage facility 27-12
-
Deputies 2-143 Drilling operation 14-120
Derelict vehicle 20-1-3 Driver 18-56
Design commission 3-3 Driveway 22-1.2
Designated agency 30-3 Driveway approach 22-1.2
Designated bank 21-38 Duplex and double-family dwelling
Designated costs of issuing the 19-2, 25-1-5
refunding bonds 32-69, 35-56 Dwelling 5-1-5, 5A-1-6, 5B-1-6, 5C-1-6,
Designated historic and archaeological 5D-1-6, 5E-1-6, 5F-1-6, 25-1-5
sites 10-1 Dwelling unit 5-1-5, 5D-1-6, 5E-1-6, 5F-
Designee 1-4
1-6, 8-2, 19-2, 25-1-5
Developer 23-122
Easement 23-3, 34-3
Development 27-12 Economic benefit 19-77
Development agreement 30-3 Egress roof access window 5B-3-3
Devices 14-7 Elective 2-91.1
Direct current fast charger 25-1-5 Electric vehicle 24-245.4, 25-1-5
Director 2-136, 2-198, 2-225, 2-247, 2- Electric vehicle charging station
260, 3-3, 5-1-5, 5F-1-6, 6-32, 8-2, 14-
24-245.4, 25-1-5
80, 14-120, 15-3, 18-31, 19-2, 20-1-3,
Electrical wiring 5-1-5, 5D-1-6
21-2, 22-1.2, 23-3, 25-1-5, 32-16, 33-2,
Electrical work 5-1-5, 5D-1-6
34-3, 35-60
Electronic smoking devices 14-20
Director of finance 18-1
Eligible buyer 11-3
Emergency 7-1-1, 15-91, 24-3
Director of transportation 23-3
SUPP. 17 (1-2025)
I-14
DEFINITIONS
Emergency management 7-1-1
Farm equipment 19-2
Emergency responders 24-167.1
Farm plan 19-2
Employee 1-4, 2-82, 14-7 Farm subdivision 23-113
Enclosed or partially enclosed area(s) Farmers market 25-1-5
14-20 Federal credit union 19-89.2
Encroachment 27-12 Feed crops and fast rotation forestry
Encumbrance 2-12.1 19-2
Energy-saving device 25-1-5 Fertilizers 19-2
Enforcement officer 15-78, 24-242 Fifteen mile radius 11-3
Engineer 5-1-5, 5E-1-6, 5F-1-6, 10-1, Fill 10-1, 27-12
22-1.2, 23-3 Fill material 27-12
Engineer’s soils report 10-1 Finance director 22-1.2
Environmental impact statement 25-1-5 Financial interest 2-82
Equipment 2-238 Financing supplemental services and
Equivalent population 21-2 improvements by a district or
Erected 25-1-5 financing supplemental services and
Erosion 10-1 improvements 35-1
Excavation 10-1 Fire chief 17-1-4, 17-2-2, 17-3-1
Exceptional trees 14-57 Fire code 5A-2-1(d), 5B-2-1(d)
Executive agency 1-4 Fire department 17-1-4
Existing building 5-1-5, 5A-2-1(d), Firecrackers 17-2-2
5B-1-6, 5C-1-6, 5E-1-6, 5F-1-6 Fireworks 17-2-2
Existing manufactured home park or Fireworks code 17-3-1
subdivision 27-12 First user 5B-3-22
Existing structure 5-1-5, 5B-1-6, 5C-1-6, Fiscal impact statement 2-12.7
5F-1-6 Flag lot 25-1-5
Expansion to an existing manufactured Flood elevation determination 27-12
home park or subdivision 27-12 Flood elevation study or flood study
Expenditure 2-91.3 27-12
Expressive activities 15-35 Flood, flooding, or flood water 27-12
Flood insurance rate map (FIRM) 27-12
Extension 21-2
Flood insurance study 27-12
Extra inspection 5-7-5
Facilities, improvements or special Flood or flooding 5B-4-2, 5C-4-2, 5D-3-2,
improvements 32-16 5F-3-2
Facility 2-238 Flood protection system 27-12
Factory-built home 5-1-5 Floodplain administrator 27-12
Factory-built housing 5B-3-22 Floodplain management 27-12
Fair market value 8-2 Floodplain management regulations
Family 5A-2-1(d), 5B-2-1(d), 5C-2-1(d), 27-12
25-1-5 Floodplain or flood-prone area 27-12
Family child care home 25-1-5 Floodproofing 27-12
Farm 25-1-5 Floodway fringe 27-12
Farm animals 4-1-1 Floodway or regulatory floodway 27-12
Farm dwelling 19-2, 25-1-5 Floor area, gross 25-1-5
SUPP. 16 (7-2024)
I-15
DEFINITIONS
Floor area, net 25-1-5
Guided bicycle tour 6-8
Flyover barrier 4-5-3
Gun 14-7
Food manufacturing and processing
Habitable space 5E-2-1(b)
facility 25-1-5 Half street 23-3
Food packaging 20-1-3 Handbill 14-141
Food providers 20-1-3 Handicapped 18-1
For nonprofit purposes 19-77 Handler 15-78
Fracturing or cracking 36-1 Hardship 27-12
Fraud and victimization 27-12 Health officer 5F-2-1(c)
Freeboard 27-12 Highest adjacent grade 27-12
Front yard 25-1-5 Highway 24-3
Frontage 25-1-5 Historic preservation 2-225
Fuel cell electric vehicle 24-245.4, Historic properties 2-225
25-1-5 Historic structure 27-12
Fully shielded 14-51 Hive 4-5-3
Functional forests 19-59 Home improvement center 25-1-5
Functionally dependent use 27-12 Home occupation 25-1-5
Funeral home or funeral parlor 25-1-5 Homeownership counselor 11-3
Funeral services 25-1-5 Honeybee 4-5-3
Future width lines 25-1-5 Hospital 25-1-5
Gang cesspool 21-2 Hotel 8-2, 14-20, 25-1-5
Garage 5B-2-1(d) Humane society 4-1-1
Garbage 21-2 Hurricane-prone regions 5A-3-25
Garbage, properly shredded 21-2 Hydraulic fracturing 14-120
General floodplain 27-12 IAPMO 5F-1-6
Genetic engineering 14-91 IBC 5A-1-6
Genetically engineered 14-129 ICC 5A-1-6, 5B-1-6, 5C-1-6, 5E-1-6
Gerrymander 36-1 ICC section 5E-1-6
Gifts 2-161 Ideal council district’s population 36-1
Golf cart 24-176 IECC 5E-1-6
Illuminated sign 3-3
Golf cart crossing 24-176
Immediate family 2-82
Golf course maintenance vehicle 24-176
Immediate vicinity of a project 25-2-46
Governmental entity or agency 30-3
Import 17-2-2
Grading 10-1
Grant 2-136 Improvement area 32-16
Graphic design 3-3 Improvement district 12-1
Grease 21-2 In-kind sponsorship 2-238
Grease traps 21-2 Incidental expense 32-16
Gross negligence 2-167 Incidental expenses of a district 35-1
Ground sign 3-3 Incidentals 12-1
Group living facility 25-1-5 Income 2-91.1
Group of structures 5A-3-26 Increment 21-38
Grubbing 10-1 Indigenous Hawaiian architecture
Guaranteed borrower 21-38 structures 5A-3-26
Guest house 25-1-5 Indirect lighting 3-3
Guest ranch 25-1-5 Individual 14-51
SUPP. 17 (1-2025)
I-16
DEFINITIONS
Industrial wastes 21-2
Livestock production 25-1-5
Infiltration 21-2
Lobbying 2-91.3
Inflow 21-2
Lobbyist 2-91.3
Insert 35-60 Local mitigation 25-2-46
Insignia of approval 5B-3-22 Location 35-60
Inspection 2-5 Lodge 25-1-5
Lodging unit 8-2
Install 35-60
Installation 5B-3-22 Loft 5B-3-3
Integrated preparedness plan 7-1-1 Loitering 7-1-1
Integrated solid waste management Long-term commercial agricultural
(ISWM) 20-1-3 use dedication 19-2
Intensive agriculture 19-2 Long-term resilience 2-247
Intentionally 1-11, 14-74 Lot 3-3, 23-3, 25-1-5, 34-3
Interior lot line 25-1-5 Lot line 25-1-5
International building code 5-1-5 Lot width 25-1-5
Intersection 24-3 Lower-income household 2-75
Intoxicating liquor 13-8 Lowest floor 27-12
Inundation level 5D-1-6 Lowest law enforcement priority 14-98
Issuing agency 24-242 Machine or device for reproducing sound
Junkyard 25-1-5 14-17
Kailua Industrial Subdivision 3-3 Main 21-2
Kailua Village core 3-3 Main building 25-1-5
Kennel 25-1-5 Major disaster 5-7-3
Kitchen 25-1-5 Majority 35-1
Knowingly 14-74 Manager 23-3
Kuleana land 19-89.5 Manufacture 5B-3-22
Land mobile radio system 7-1-1 Manufactured home 27-12
Land or parcel of land 35-1 Manufactured home park or subdivision
Land surveyor 10-1 27-12
Land use 25-1-5 Manufacturing, processing and
packaging, general 25-1-5
Landing platform 5B-3-3
Manufacturing, processing and
Landowner or owner of land 32-16, 35-1
packaging, light 25-1-5
Landscaping 19-80
Marginal access street or service road
Lateral 21-2
Law enforcement officer 14-115 23-3
Lease 2-110 Marijuana 14-98
Legislative action 2-91.3 Market value 19-2, 27-12
Levee 27-12 Marquee 3-3
Levee system 27-12 Marquee sign 3-3
Level of service 25-2-46 Materials 20-1-3
License 17-2-2 May 1-4
Limited common element 23-122 Mayor 1-4, 2-225
Litter 14-141, 24-161 Mean sea level 27-12
Livestock 4-1-1, 25-1-5 Medical clinic 25-1-5
SUPP. 16 (7-2024)
I-17
DEFINITIONS
Meeting facility 25-1-5
Networked 25-1-5
Minimum building site area 23-122
New construction 17-1-4, 27-12
Minimum necessary 27-12
New manufactured home park or
Minimum risk products and methods subdivision 27-12
15-91 Newspaper 14-141
Minor 13-8 NFPA 5D-1-6, 17-1-4
Nightclub 14-20
Minor street 23-3
Minority population 36-1 Non-mineral sunscreen 14-30
Mitigation 7-1-1, 25-2-46 Nonconforming building or parcel
Mobile dwelling 25-1-5 25-1-5
Mobile electronic device 24-167.1 Nonconforming use 25-1-5
Mobile home 6-25 Nondedicated agricultural use
Mobile home park 6-25 assessment 19-2
Mobility device 15-78 Nonprofit or limited distribution
Moderate-income household 2-75 mortgager 19-87
Monetary gain 19-77 Nonprofit organization 2-110, 2-136,
Month 1-4 2-247
Moped 24-3 Oath 1-4
Mortuary 25-1-5 Obnoxious substance 14-7
Motor vehicle 24-3 Obstruction 27-12
Motorcycle 24-3 Occupancy 25-2-46
Motorscooter 24-3 Occupant 1-4
Mountain 34-3 Occupation 24-221
Movie or television production 17-2-2 Occupiable space 5E-2-1(b)
Multi-hazard mitigation plan 7-1-1 Off-leash area 15-78
Multifamily dwelling 5-1-5, 14-20 Office of Housing and Community
Multiple loading 18-31 Development (OHCD) 11-3
Multiple-family development or Officer 1-4, 2-82
development 34-3 Official act 2-82, 24-3
Multiple-family dwelling 25-1-5 Official action 2-82
Official authority 2-82
Must 1-4
Official County street name 22-1.2
Native forests 19-59
Official traffic-control device 24-3
Natural outlet 21-2
On-leash area 15-78
NEC 5D-1-6
Negligently 4-1-1 One-hundred-year flood 27-12
Neighborhood electric vehicle 24-245.4, One-hundred-year floodplain 27-12
25-1-5 One mile 14-113
Neighborhood watch 14-67 One person, one vote 36-1
Neighborhood watch sign 14-67 Open air 14-129
Nepotism 2-136 Open areas 15-66
Net free vent area 5-84 Open spaces 19-80
Net taxable buildings 19-90 Open to the public 14-20
Net taxable lands 19-90 Operate 1-4
Net taxable real property 19-90
SUPP. 17 (1-2025)
I-18
DEFINITIONS
Operate a motor vehicle 24-167.1 Person with a disability 24-242
Operator or driver 24-3 Personal care service 5A-2-1(d)
Orchards 19-2 Personal services establishment 25-1-5
Ordinance of annexation 35-1 Pesticide 15-91
Ordinance of consideration 35-1 pH 21-2
Ordinance terminating the district 35-1 Picnicker 15-3
Ordinances 1-4 Picnicking 15-3
Others 3-3 Piggery 25-1-5
Outdoor lighting fixture 14-51 Placard 24-242
Outside plant 19-53.1 Place of public accommodation 25-1-5
Overburden 10-1 Plan 36-1
Owner 1-4, 4-1-1, 5-1-5, 12-1, 19-48, Plan approval 25-1-5
19-58, 19-80, 21-38, 24-3 Plan lines for future streets 25-1-5
Owner-builder 5-1-5, 5A-1-6, 5B-1-6, Planning commission 28-5, 34-3
5C-1-6 Planning director 22-1.2
Packing 36-1 Plant or structure 19-53.1
Painted window signs 3-3 Plant pestilence 14-129
Paratransit service 18-94 Plastic checkout bag 20-1-3
Park area 15-3 Plasticity 10-1
Park or parking 24-3 Plat 23-3
Parking permit 24-242 Plug 25-1-5
Parks and playgrounds 8-2 Plumbing work 5-1-5, 5F-1-6
Parkway 23-3 Pole trailer 24-3
Partially shielded 14-51 Police officer 4-1-1, 14-67, 24-3
Passenger car 24-3 Political party 2-121
Passenger for hire 18-31 Polystyrene foam 20-1-3
Pasture and slow rotation forestry 19-2 Portable appliances 5-1-5, 5D-1-6
Pedestrian 24-3 Portable sign 3-3
Pedestrian way 3-3, 23-3, 25-1-5 Poultry 4-1-1
Pedicab 24-186.2 Practicable 36-1
Permanent 17-2-2 Pre-existing lot 23-3
Permanent fireworks storage building or Preceding and following 1-4
structure 17-2-2 Premium 12-1
Permanent resident 36-1 Prepared food 20-1-3
Permit 5-1-5, 5A-1-6, 5B-1-6, 5C-1-6, Prevention 7-1-1
5D-1-6, 5E-1-6, 5F-1-6, 17-2-2, 35-60 Primary airport 25-1-5
Permit period 35-60 Primary frontal dune 27-12
Permittee 10-1, 35-60 Principal 30-3
Perquisite 2-136 Principal structure 27-12
Person 1-4, 2-91.3, 2-167, 2-238, 3-3, Private entity 24-242
4-1-1, 5-1-5, 5A-1-6, 5B-1-6, 5C-1-6, Private garage 5B-2-1(d)
5D-1-6, 5E-1-6, 5F-1-6, 6-25, 14-45, Private premises 14-141
14-91, 14-129, 14-137, 14-154, 22-1.2, Private road 20-1-3
23-3, 30-3, 34-12 Private road or private driveway 24-3
SUPP. 16 (7-2024)
I-19
DEFINITIONS
Private security officer 14-115
Publication dispensing rack space or
Private street 14-80, 23-3
space 35-60
Professional 2-225
Publication dispensing rack space
Program 2-238 permits 22-1.2
Prohibited materials 20-01-03 Publisher 35-60
Project 23-122 Puppy 15-78
Pyrotechnic composition or pyrotechnic
Project area 25-2-46
Project costs 33-2 contents 17-2-2
Projecting sign 3-3 Qualified business 31-2
Proof of age 14-137 Qualified households 11-3
Property 19-2, 19-53.1, 33-2 Qualified person 5D-1-6
Property for hire 18-31 Qualified resident 11-3
Property or real property 14-154, 19-2 Qualified returning student 11-3
Property owner 14-154 Qualified worker 11-3
Proprietor 1-4 Radioactive material or substance 14-45
Protection 7-1-1 Reachable 25-1-5
Protective eyewear 24-3 Real property 2-110, 19-2
Provide land in perpetuity 8-2 Real property owned and occupied as a
Provisional tax increment district 33-2 principal home 19-71
Provocation 4-1-1 Reallocation 35-60
Public access 34-3 Rear lot line 25-1-5
Public highway(s) 6-8, 18-1, 20-01-03, Rear yard 25-1-5
34-3 Reasonable assumptions 25-2-46
Public holiday 24-3 Recombinant DNA 14-91
Public mountain area 34-3 Reconstructed vehicle 24-3
Public place 1-4, 13-8, 14-74, 14-141 Recoverable expenses 2-167, 14-152
Public property 20-01-03 Recovery 7-1-1
Public purpose 2-136 Recreational activity 34-3
Public recreation 19-80 Recreational area 15-3
Public sewer 21-2 Recreational facilities 15-66
Recreational vehicle 15-3, 27-12
Public shoreline area 34-3
Recyclable 20-01-03
Public street and public highway 34-3
Recycling center 25-1-5
Public thoroughfare 24-176
Red flag warning 17-2-2
Public use, public building and public
structure 25-1-5 Redistribution 17-2-2
Public utilities 19-53.1 Redistricting 36-1
Public utility 5A-3-3, 19-89 Redistricting cycle 36-1
Public works or public improvements Refuse 14-149
33-2 Region 36-1
Publication 2-105, 35-60 Register or registration 14-129
Publication dispenser permits 22-3.1 Regulatory employee 2-91.1
Publication dispensing device 35-60 Regulatory floodway 27-12
Publication dispensing rack enclosure or Regulatory inspection 5-1-5
enclosure 35-60 Release 14-91
Publication dispensing rack insert 35-60
SUPP. 17 (1-2025)
I-20
DEFINITIONS
Remnant 2-110
Self-directed revocable living trust
Removable windshield placard 24-242
21-38
Rentable unit 25-1-5
Self-storage facility 25-1-5
Repair establishment, major 25-1-5 Semi-trailer 24-3
Repair establishment, minor 25-1-5 Senior citizen 18-1
Repetitive loss structure 27-12 Separation 5A-3-26
Rescue operation 2-167 Serious bodily injury 4-1-1
Reserve strip 23-3 Serious injury 4-1-1
Residence 14-113 Service bureau 2-121
Resident population 8-2 Service business or calling 31-2
Residential care/assisted living facilities Setback 5A-3-26
5A-2-1(d) Sewage 21-2
Residential district 3-3, 24-3 Sewage treatment plant 21-2
Residential tier one property 19-90 Sewage works, sewer system, or sewer
Residential tier two property 19-90 21-2
Response 7-1-1 Sewer system improvement district 12-1
Responsible department 12-1 Shall 1-4
Responsible director or manager 12-1 Shared-ride taxi 18-31
Responsible party 5-1-5 Shared-use or multi-use park 15-78
Resort area 25-1-5 Sheet flow area 27-12
Resort subdivision 23-3 Shell, cartridge, or bomb 14-7
Restaurant 14-20, 25-1-5 Shipper 17-2-2
Retail establishment 25-1-5 Shoreline 34-3
Retail tobacco store 14-20 Short-term commercial agricultural use
Reversed corner lot 23-3 dedication 19-2
Reversed frontage lot 23-3 Short-term vacation rental 25-1-5
Rider 18-94 Side yard 25-1-5
Right-of-way 23-3, 24-3 Sidewalk 1-4, 22-1.2, 23-3, 24-3, 35-60
Riverine 27-12 Sidewalk use permits 22-3.1
Road taxi stand 18-31 Sign 3-3
Single-family dwelling 19-2, 25-1-5
Road tractor 24-3
Single stack vent system 5F-2-1(c)
Roadway 22-1.2, 23-3, 24-3
Siren 24-3
Roof sign 3-3
Site 5B-3-22
Safety glass 18-1
Safety zone 24-3 Sleeping unit 5B-2-1(d)
Sand dunes 27-12 Smoke or smoking 14-20
Sanitary engineer 23-3 Socio-economic group 36-1
Sanitary landfill 20-01-03 Soil amendments 19-2
Sanitary sewer 21-2 Soil and water conservation districts
School 25-1-5 10-1
School bus 18-56, 24-3 Solar water heater 19-2
School bus operator 18-56 Soliciting 14-74
Section 5A-1-6, 5E-1-6, 5F-1-6 Solid tire 24-3
Sedimentation 10-1 Solid waste 20-01-03
SUPP. 16 (7-2024)
I-21
DEFINITIONS
Solid waste management 20-01-03 Subdivider 8-2, 23-3
Special activity permits 22-3.1 Subdivision 8-2, 21-2, 34-3
Special duty 2-171 Substantial bodily injury 4-1-1
Special flood hazard area 5A-4-2, Substantial damage 5-3-3, 27-12
5B-4-2, 5C-4-2, 5D-3-2, 5F-3-2, 27-12 Substantial improvement 27-12
Special hazard vehicle 24-3 Successional forests 19-59
Special improvement, improvement, the Sunscreen 14-30
making of a special improvement, Supplemental improvements 35-1
make any special improvement 12-1 Supplemental services and improvement
Special inspection 5-1-5 area 35-1
Special interest areas 15-66 Supplemental services and
Special license plates 24-242 improvements 35-1
Special mobile equipment 24-3 Surveyor 23-3, 25-1-5
Specially constructed vehicle 24-3 Suspended solids 21-2
Speed hump 22-1.2 SWD 20-01-03
Speed limit 24-3 SWD facility 20-01-03
Sponsor 2-238 Swill 14-149
Sponsorship 2-238 Table 5A-1-6
Sponsorship agreement 2-238 Targeted area 33-2
Sponsorship recognition 2-238 Tax increment 33-2
Stakeholder preparedness review 7-1-1 Tax increment bonds 33-2
Stand or standing 24-3 Tax increment district or district 33-2
Standard of fairness principles 36-1 Tax increment financing plan or
Start of construction 27-12 financing plan 33-2
State 1-4, 2-225, 20-01-03, 27-12 Tax increment fund or fund 33-2
State credit union 19-89.2 Tax year 19-47
State fire code 17-2-2 Taxi or taxicab 18-1
State of disaster or emergency 7-1-1 Taxicab 18-1, 18-31, 24-3
Statutes 1-4 Taxicab company 18-31
Sterilized dog 4-1-1 Taxicab driver 18-31
Telecommunications antenna 25-1-5
Stockpiling 10-1
Stop (when required) 24-3 Temporary fireworks storage building or
Stop or stopping (when prohibited) 24-3 structure 17-2-2
Store 14-45, 17-2-2 Temporary painted window sign 3-3
Storm drainage facility 12-1 Temporary removable windshield
Stray 4-1-1 placard 24-242
Street 1-4, 3-3, 14-80, 22-1.2, 23-3, 24-3, Temporary sign 3-3
25-1-5 Tenant 1-4
Street frontage 3-3, 25-1-5 Theater 25-1-5
Street plug 23-3 Threat and hazard identification and
Structural observation 5A-2-1(d) risk assessment 7-1-1
Structure 5-1-5, 25-1-5, 27-12 Through highway 24-3
Structures 15-66 Through lot 23-3
Student 18-1 Time share unit 25-1-5
Subdivided land 23-3
SUPP. 17 (1-2025)
I-22
DEFINITIONS
Tiny house 5B-3-3
Wall 3-3
Titanium dioxide 14-30
Wall sign 3-3
Tobacco product 14-20, 14-137
Warehousing 25-1-5
Total assessed value 33-2 Warning point 7-1-1
Total deviation 36-1 Water surface elevation 27-12
Totally disabled 19-75 Water system improvement district
Tour vehicle 24-3 12-1
Tow or tow-away zone 24-3 Water-tight 5A-4-2, 5B-4-2, 5C-4-2,
Toy rifle 13-11 5D-3-2
Traffic 24-3 Watercourse 1-4, 27-12
Traffic color compliant 14-51 Week 1-4
Traffic-control signal 24-3 Wholesaling and distribution 25-1-5
Trailer 24-3 Window 3-3
Transport 14-45 Window sign 3-3
Transportation facilities 25-2-46 Workforce Investment Act of 1998 1-4
Trauma 37-1-3 Worse than the acceptable level of
Trauma informed 37-1-3 service 25-2-46
Truck 24-3 Writing and written 1-4
Truck tractor 24-3 Yard 25-1-5
Turn around area 24-3 Year 1-4, 17-2-34
Unallocated publication dispensing rack Zinc oxide 14-30
space 35-60 Zone A 27-12
Unassigned fund balance 2-12.4 Zone A99 27-12
Uncollectible account 2-108 Zone AE 27-12
Unconditioned floor area 5E-2-1(b) Zone AH 27-12
Unconditioned space 5E-2-1(b) Zone AO 27-12
Under the influence 14-115 Zone D 27-12
Undergrowth 14-149 Zone V 27-12
Unguided bicycle tour 6-8 Zone VE 27-12
Unit 17-2-2, 23-122 Zone X (shaded) 27-12
Zone X (unshaded) 27-12
United States census year 36-1
University 25-1-5
DEPARTMENT OF ENVIRONMENTAL
Unoccupied unit 21-2
MANAGEMENT
Unsafe flora 14-149
UPC 5F-1-6 See also DIRECTOR OF
Use 25-1-5 ENVIRONMENTAL
Use or using 24-167.1 MANAGEMENT;
Variance 27-12 ENVIRONMENTAL
Vehicle 15-3, 22-1.2, 24-3 MANAGEMENT
Very low-income household 2-75 COMMISSION
Vicious dog 4-1-1 Composition of department 2-199
Violation 27-12 Divisions 2-203
Violator 22-1.2 Enforcement 2-204
Vote dilution 36-1 Penalties 2-205, 2-206
Waiting time 18-31
SUPP. 17 (1-2025)
I-23
DEPARTMENTOFENVIRONMENTAL
MANAGEMENT
Powers, duties, and functions 2-202
Functions and duties 2-40
Under supervision of managing director
Under supervision of managing
2-7
director 2-7
DEPARTMENT OF FINANCE DEPARTMENT OF RESEARCH AND
See also DIRECTOR OF FINANCE; DEVELOPMENT
FINANCES See also DIRECTOR OF RESEARCH
Under supervision of managing director AND DEVELOPMENT;
2-7 SUSTAINABILITY ACTION
COMMITTEE
DEPARTMENT OF HUMAN
Purpose 2-36
RESOURCES
Under supervision of managing
See also DIRECTOR OF HUMAN
director 2-7
RESOURCES
Under commission and administrative DEPARTMENT OF WATER SUPPLY
supervision of managing See also WATER SUPPLY, MANAGER-
director 2-7
CHIEF ENGINEER
Under commission and administrative
DEPARTMENT OF INFORMATION
supervision of managing director 2-7
TECHNOLOGY
See also DIRECTOR OF
DEVELOPMENT AGREEMENTS
INFORMATION
See also PUBLIC TRANSPORTATION
TECHNOLOGY Amendment, cancellation,
Under supervision of managing satisfaction 30-9
director 2-7 Application, approval process 30-5
Authority of mayor’s office 30-4
DEPARTMENT OF LIQUOR CONTROL Community development and general
See also DIRECTOR, DEPARTMENT plan compliance 30-8
OF LIQUOR CONTROL Enforcement 30-10
Under commission and administrative Provisions 30-7
Recordation, filing 30-12
supervision of managing director 2-7
Termination and breach 30-6
DEPARTMENT OF PARKS AND
DIRECTOR, DEPARTMENT OF
RECREATION
See also DIRECTOR OF PARKS AND LIQUOR CONTROL
RECREATION See also DEPARTMENT OF LIQUOR
Charges and fees, authority to levy 2-59 CONTROL
Penalty 2-60 Order of succession to office of
Powers and authority 2-53 mayor 2-8
Under commission and administrative
supervision of managing director 2-7
DEPARTMENT OF PUBLIC WORKS
See also DIRECTOR OF PUBLIC
WORKS
Divisions 2-41
SUPP. 16 (7-2024)
I-24
LICENSES AND PERMITS
Certificate of public convenience and
picnics, 15 persons or more 15-50
necessity, common carriers 18-6
public meetings and assemblies in
Construction permits
park areas 15-35
See CONSTRUCTION residing in 15-25
ADMINISTRATIVE CODE special events 15-36
County business licenses 6-29 Permit fees, refunds 2-12, 2-59
County-owned lands, temporary Plumbing work
occupancy of 2-119 See CONSTRUCTION
County streets, construction in 22-4.1 ADMINISTRATIVE CODE
Dog license 4-4-1 Publication dispenser permits
Drivers license and permit 24-20 22-3.5, 35-63
Electrical work Sewer system, connection to 21-25
See CONSTRUCTION Sidewalk use permit 22-3.7
ADMINISTRATIVE CODE Sign permits
Factory-built housing 5-3-2 See SIGNS
Farmers market 15-73 Solid waste disposal 20-03-02
Fire code 17-1-5 Special activity permits 22-3.3
Firearms, explosives 14-10 Stockpiling work 10-9
Fires, kindling in park areas 15-13 Street closure 24-153.3
Fireworks Taxi stands 18-37.2
licenses 17-2-31 Taxicab
permits 17-2-41 driver’s permits 18-38
Funeral procession 24-153.1 license 18-37.1
Grading work 10-9 Temporary structures 5-3-4
Grubbing work 10-9 Tractors, special permits 24-119
Highways and rights-of-way, entrance Vehicle inspection stations 24-26
upon and occupancy of 2-119 Wastewater discharge into municipal
Intoxicating liquors, drinking or facility 21-29.1
displaying in public places 14-2 Zoning
Mobile home parks 6-26 cluster plan development 25-6-22
planned unit development 25-6-3
Newspaper stands or racks 22-3.5
special permit 25-4-7, 25-4-13,
Noise control permits 14-19.1
25-4-15, 25-5-52, 25-5-62, 25-5-72,
Parades 24-153.1
25-5-82
Parking
authorized vehicles, temporarily use permit 25-2-61
park in manner that is contrary to
chapter 24 24-201 LIQUOR CONTROL, DEPARTMENT
county building 24-236 Under commission and administrative
lifeguards, emergency vehicles supervision of managing director 2-7
24-201
loading or unloading at angle to curb LIQUOR CONTROL, DIRECTOR
24-206 Order of succession to office of mayor
persons with disabilities 24-244 2-8
stalls for construction 24-222 Under commission and administrative
Parks supervision of managing director 2-7
commercial activity in 15-20
SUPP. 17 (1-2025)
I-37
LITTERING
LITTERING MASS TRANSIT AGENCY
See also GARBAGE AND TRASH; See also MASS TRANSIT
PARKS AND RECREATIONAL ADMINISTRATOR
FACILITIES; Created 2-76
PROPERTY NUISANCE; Under supervision of managing director
SOLID WASTE DISPOSAL 2-7
Injurious substances on highways,
placing 24-156 MAYOR
Littering prohibited 14-142 Bond required 2-2
Penalty 14-148 Composition of office 2-6
Placement in receptables 14-142 Departments and heads under direct
Private premises, handbills 14-146 supervision 2-7
Private property, litter prohibited Office of the mayor 2-6
14-145 Order of succession 2-8
Sidewalks, merchants duty to keep clear
of litter 14-144 MINORS
Transporting See also ALCOHOLIC BEVERAGES;
CURFEW;
litter defined 24-161
load to be secured 24-162 FIREWORKS CODE
vehicles, equipment 24-163 Parent or guardian
Violation 14-147 duty to accompany child under six,
on public street, exceptions 13-6,
LOBBYISTS 13-7
Registration 2-91.3 Toy rifles
See FIREARMS, WEAPONS,
LOITERING AND EXPLOSIVES
During emergency
impending disaster or disaster 7-2-2 MOBILE HOME PARKS
tsunami warning 7-2-1 Licenses required 6-26
Minors 13-1, 13-2
MONUMENTS
Destruction of monuments in parks,
-- M --
prohibited 15-28
MANAGING DIRECTOR
MO‘OHEAU PARK
See also OFFICE OF MANAGEMENT
Bus terminal 18-21
Departments and heads under direct
Facility schedule 15-68.1
supervision 2-7
Farmers market 15-72
Office of the mayor 2-6
Intoxicating liquors prohibited 14-1
MASS TRANSIT ADMINISTRATOR
MOPEDS
See also MASS TRANSIT AGENCY
See TRAFFIC
Created 2-77
Duties 2-78
Under supervision of managing director
2-7
SUPP. 16 (7-2024)
I-38
MOTOR VEHICLE WEIGHT TAX
MOTOR VEHICLE WEIGHT TAX Permits
See VEHICLES O exemptions 14-19.2
THER generally 14-19.1
MOTORCYCLES penalty 14-19.3
See VEHICLES restrictions 14-18
Public areas
enforcement 14-19
MOUNTAIN AREA ACCESS
See PUBLIC ACCESS CODE
NONPROFIT ORGANIZATIONS
MUNICIPAL GOLF COURSE FUNDS County grants
Administration 15-76 conditions for grant awards 2-138
Creation 15-74 conflict of interest 2-137, 2-138
eligible organizations 2-137
procedure for award 2-139
-- N --
records, reporting, and fiscal
requirements 2-142
NATIONAL ELECTRICAL CODE
Real property disposition 2-120
See also ELECTRICAL CODE
Real property tax exemptions 19-77
Adopted 5D-2-1
See REAL PROPERTY TAXES
Amendments 5D-2-1
NONPROFIT ORGANIZATIONS
NUCLEAR ENERGY
NATIVE FORESTS
Nuclear energy facilities prohibited
See REAL PROPERTY TAXES –
14-48
EXEMPTIONS
Radioactive material
storage 14-47
NEIGHBORHOOD WATCH SIGNS
transportation unlawful 14-46
Approval, application for 14-69
Violation, penalty 14-49
Established, purpose 14-66
Police chief, powers and duties 14-68
NUISANCES
Park areas, prohibited in 15-24
NEWSSTAND OR NEWS RACK
Unsafe buildings or structures 5-9-1
Publication dispenser permit
See STREETS AND SIDEWALKS
-- O --
NOISE CONTROL
Dogs barking OBNOXIOUS SUBSTANCES
See DOGS
See also FIREARMS, WEAPONS AND
Mufflers
EXPLOSIVES
See VEHICLES
Sewers, prohibited wastes prohibited
Park areas 21-9
audio devices restricted 15-19
campgrounds, quiet hours 15-42 OFFICE OF AGING
See also COUNTY EXECUTIVE ON
AGING
Under supervision of managing director
2-7
SUPP. 17 (1-2025)
I-39
OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
OFFICE OF HOUSING AND
ORDINANCES
COMMUNITY DEVELOPMENT
See HAWAI‘I COUNTY CODE
See also HOUSING ADMINISTRATOR
Repeal, effect of on rights accrued 1-7
Composition of office 2-69 Revival 1-6
Under supervision of managing director
2-7 ULI EKAHI RENTAL HOUSING
SPECIAL FUND
OFFICE OF MANAGEMENT Created 2-75.1
See also MANAGING DIRECTOR
Under supervision of managing director
OUTDOOR LIGHTING
2-7
Applicability 14-50
Exemptions 14-53
OFFICE OF SUSTAINABILITY,
General requirements 14-52
CLIMATE, EQUITY, AND
Penalty 14-55.1
RESILIENCE Plans, submission 14-54
See also SUSTAINABILITY
ADMINISTRATOR
-- P --
Under supervision of managing director
2-7
COMMITTEE
OFFICERS AND EMPLOYEES
See also
See also CODE OF ETHICS;
DISTRICT
DEPARTMENTS AND
Membership 25-7-42
OTHER AGENCIES OF
Powers, duties 25-7-42
THE COUNTY
Purpose 25-7-42
Bonds of officials, when required 2-2
Sign permits
Claims against 2-188
application review 3-83
Commissions, issuance 2-3
guidelines 3-84
Office of mayor, order of succession 2-8
Sign variances
Private automobiles, compensation for
application review 3-87
use 2-101
Travel
authorization 2-94
See also
expenses, reimbursement 2-92, 2-95,
COMMITTEE; SIGNS
2-97, 2-98, 2-99, 2-102
Purpose 25-7-42
reports 2-100
Recognized as special design district
CERS AND EMPLOYEES
3-79
OFFICIAL BULLETIN BOARD
Sign
See BULLETIN BOARD, OFFICIAL
permits
applications 3-82
director action on application 3-85
required 3-81
standards
elevation 3-91
exempt 3-94
SUPP. 17 (1-2025)
I-40
PLANNINGCOMMISSIONS,
WINDWARDANDLEEWARD
cemetery application 6-2
Urban renewal lead agency 2-35.1
community development plans
Use permits, review applications for
2-28.1
25-2-60
mobile home park license 6-27 Zoning code, review proposed
planned unit development, amendments to 2-33
applications 25-6-6 Zoning ordinances, review changes or
project districts, application 25-6-44 amendments 2-34
scenic corridors, proposed 25-6-63
state land use district boundary PLANNING DIRECTOR
amendment, petition 28-5
See also PLANNING DEPARTMENT
street names, review 23-49
Order of succession to office of mayor
subdivision code, review proposed
2-8
amendments to 2-32 Under supervision of managing
zoning code, review proposed director 2-7
amendments to 2-33 Zoning code amendments 2-33
zoning ordinances, review proposed
amendments to 2-34 PLANTATION COMMUNITIES
See SUBDIVISIONS
PLANNING DEPARTMENT
See also PLANNING; PLASTIC BAGS
PLANNING DIRECTOR Exemptions 20-06-03
Agricultural project districts, application Plastic checkout bags prohibited
25-6-54 20-06-02
Cemeteries, review resolutions to
establish or expand 6-3 PLUMBING CODE
Community development plans 2-28.1 See also CONSTRUCTION
Geothermal asset fund 2-27 ADMINISTRATIVE CODE;
Mobile home park license 6-27 UNIFORM PLUMBING CODE
Planned unit development, Compliance required 5F-1-7
review applications 25-6-6 Inspections
See CONSTRUCTION
Planning commissions
ADMINISTRATIVE CODE
See PLANNING COMMISSIONS,
Permits
WINDWARD AND
See CONSTRUCTION
LEEWARD
Project districts, application 25-6-44 ADMINISTRATIVE CODE
Scenic corridors, proposed 25-6-63 Scope of chapter 5F-1-3
Semiannual reports 2-35.2 Special flood hazard areas, plumbing
State land use district boundary work within 5F-3-1
amendment, review petition 28-5 Uniform plumbing code, 2012 Edition
adopted by reference 5F-2-1
Street names, review 23-49
amendments to 5F-2-1
Subdivision code, review proposed
NG C (Generally
amendments to 2-32
Under supervision of managing
director 2-7
SUPP. 17 (1-2025)
I-45
POLICE, CHIEF
POLICE, CHIEF
PROPERTY OFFENSES, PUBLIC
Under police commission and
GROUNDS
administrative supervision of
Chief of police, duty 14-39
managing director 2-7 Property damage, penalty 14-40.1
Trespass, penalty 14-40
POLICE DEPARTMENT
See also JUNIOR POLICE OFFICERS; PROSECUTING ATTORNEY
NEIGHBORHOOD WATCH Bond required 2-2
SIGNS; Deputies, salaries 2-144
POLICE CHIEF
Personnel appointment, qualifications,
Special duty services
authority 2-10A
fees 2-173
waiver 2-174
PUBLIC ACCESS CODE
Traffic laws
Appeal procedures 34-15
direct traffic 24-13 Applicability of chapter 34-4
duty to enforce 24-12 Dedication of access
Volunteer police, mileage and meal
improvements, maintenance,
reimbursement 2-101.1
responsibility for costs 34-10
multiple family development
POLITICAL CAMPAIGNS
34-9
Financial disclosures and disclosures subdivision 34-8
of interest 2-91.1 Penalties 34-13
Requirements
POLYSTYRENE FOAM FOOD multiple family development 34-6
CONTAINERS subdivision, land development 34-5
Recyclable or compostable food service width of access 34-7
exemptions 20-05-03 Use of access
ware required 20-05-02 abuse 34-12
Use prohibited 20-05-01 maintenance, protection rules 34-14
regulation 34-11
PRIVATE STREETS
PUBLIC ACCESS, OPEN SPACE, AND
See TRAFFIC
NATURAL RESOURCES
PRESERVATION COMMISSION
PROPERTY NUISANCE
Refuse, undergrowth, unsafe flora See also PUBLIC ACCESS, OPEN
clearance by County, costs 14-152 SPACE, AND NATURAL
complaint 14-151 RESOURCES FUND
removal required 14-150 Membership, tenure 2-215
Unsafe buildings Powers, duties
generally 2-217
See CONSTRUCTION
list of qualifying lands worthy of
ADMINISTRATIVE
preservation 2-217, 2-218
CODE
stewardship grant applications
2-217
SUPP. 16 (7-2024)
I-46
STREET NAMES
STREET NAMES
use permits
See ADDRESSES
application 22-3.7
criteria 22-3.8
STREETS AND SIDEWALKS Special activity permits
See also ADDRESSES; allowable areas 22-3.3.2
TRAFFIC application 22-3.3
Construction in County streets exemptions 22-3.4.1
permits penalty and revocation 22-3.4
application 22-4.2 posting required 22-3.4.2
conditions 22-4.4 Speed humps
criteria 22-4.3 process 22-6.3
fees 22-4.5 requests 22-6.2
required 22-4.1 Street names
Corrective work by County, costs 22-8.6 See ADDRESSES
Driveway approach Variances
maintenance 22-4.10 application 22-7.1
standards 22-4.9 criteria for granting 22-7.2
Emergency powers 22-8.5 fees 22-7.3
Enforcement, penalties STTS AND SIDEWALKS
administrative 22-8.2 SUBDIVISION CODE
criminal prosecution 22-8.3 Condominium property regimes
injunctive action 22-8.4 assessments and rollback taxes
violation 22-8.1 23-141
Permits to use County streets building site area, minimum 23-129
conditions 22-3.9 cluster plan development 23-139
fees 22-3.10 common elements 23-127
Prohibitions, requirements compliance with applicable
commercial use of County street permitting requirements 23-124
22-2.5 construction plans 23-133
creating unreasonable risk or harm development as PUD or CPD 23-139
exemptions 23-140
22-2.4
final approval
damaging street 22-2.3
after approval of construction
dropping, spreading substance on
plans 23-134
street 22-2.3
encroachments 22-2.1 final condominium map
impeding, obstructing 22-2.4 23-136
intersection sight distance 22-2.2 no infrastructure required
signs on or above County street 23-132
22-2.6 map approval, effect 23-138
Publication dispenser permits no change in condominium after
application 22-3.5 final approval 23-137
criteria, revocation 22-3.6 preliminary map
Sidewalk use permits standards of review
application 22-3.7 23-126
criteria 22-3.8 submission 23-125
Sidewalks tentative approval 23-131
maintenance 22-4.6
repair 22-4.7
SUPP. 17 (1-2025)
I-55
SUBDIVISIONCODE
units
intersection angles, corner radius
maximum number of 23-128,
23-45
23-129
location, arrangement 23-40
minimum dimensions 23-129, private streets 23-53
23-130 reserve strip, street plug 23-42
Design standards right-of-way, pavement widths
blocks 23-41
drainage easements 23-30 street names 23-49
general design 23-28 Farm subdivisions
pedestrian ways 23-31 nullification 23-115
sizes 23-29 restrictions, requirements 23-114
general provisions Final plat
cemeteries, crematoriums 23-27 approval 23-74
compliance required change after approval 23-75
design standards 23-22 drafting 23-68
monuments 23-25 information required on final plat
parks, playgrounds, public building 23-69
sites 23-26 recordation 23-77
setback lines, special building no conveyance prior to approval for
23-24 recordation 23-76
state, county regulations 23-23 release of surety 23-78
lots supplemental information 23-70
access from street 23-34 technical review 23-73
large lot subdivisions 23-38 time limit 23-67, 23-72
lot side lines 23-35 General provisions
minimum size 23-33 appeals 23-5
size, shape, setback line 23-32 applicability of state and county
suitability for intended use, general plans 23-6
inundation area 23-37 application and plans, submission,
through lots, planting screen filing 23-12
building permits, zoning code
easement 23-36
compliance 23-8
street design
consolidation, resubdivision 23-7
alignment 23-43
highways, acceptance 23-10
alleys 23-52
arterial streets, protection from large scale developments 23-13
23-51 penalty 23-4
creation, conditions 23-39 permits for installation of service
cul-de-sacs 23-48 utilities 23-9
existing streets, improvement public utility, rights-of-way 23-11
23-46 retroactive effect 23-143
extensions, future 23-44 state law, effect of modification of
grades, curves 23-50 23-142
half streets 23-47
SUPP. 16 (7-2024)
I-56
WORKFORCE INNOVATION
AND OPPORTUNITY BOARD
WORKFORCE INNOVATION AND minimum yard requirements 25-6-35
OPPORTUNITY BOARD parking, off-street 25-6-37
See permitted uses 25-6-38
WORKFORCE INNOVATION AND private restrictions prohibited
OPPORTUNITY ACT PROGRAM; 25-6-39
WORKFORCE INNOVATION AND prohibited areas 25-6-32
OPPORTUNITY FUND where permitted 25-6-31
Established 2-192 Agricultural tourism
plan approval
WORKFORCE INNOVATION AND application requirements 25-2-75
OPPORTUNITY FUND required 25-2-71
Creation 2-193 use regulation requirements 25-4-15
Expenditures 2-195 APD, agricultural project districts
Funding 2-194 amendments 25-6-59.1
appeals 25-6-59.2
application, requirements 25-6-54
WRITS, WARRANTS AND OTHER
PROCESSES conditions 25-6-55
See Specific topic construction in conformity with site
plans 25-6-58
criteria for establishing 25-6-51
-- X --
density 25-6-53
land area, minimum required
25-6-52
permitted uses 25-6-53
-- Y --
plan approval, by approval of site
plans 25-6-59
review criteria, conditions 25-6-57
-- Z --
signs for public notification 25-6-54
site plan, review and approval
25-6-56
ZONING
Appeals
A, agricultural districts
See also BOARD OF APPEALS
building site
costs of hearing 25-2-22
area, minimum 25-5-74
further right 25-2-25
width, minimum 25-5-75
permit conditions, performance
designation 25-5-71
pending appeal 25-2-21
height limit 25-5-73
standard of review 25-2-23
permitted uses 25-5-72
who may appeal, procedure 25-2-20
regulations, additional 25-5-77
Basements, underground structures
yards 25-5-76
25-4-21
Accessory dwelling units
Bed and breakfast establishment 25-4-7
density limit 25-6-36
CDH, downtown Hilo commercial
designation of 25-6-33
district
generally, applicability 25-6-30
building site
height and size limit 25-6-34
SUPP. 17 (1-2025)
I-65
ZONING
area, minimum 25-7-24 Consolidation, waiver of requirements
width, minimum 25-7-25 25-2-11
designation 25-7-21 CV, village commercial districts
height limit 25-7-23 building site
permitted uses 25-7-22 area, minimum 25-5-124
purpose, applicability 25-7-20 width, minimum 25-5-125
regulations, additional 25-7-27 designation 25-5-121
yards 25-7-26 height limit 25-5-123
CG, general commercial districts landscaping 25-5-127
building site permitted uses 25-5-122
area, minimum 25-5-114 purpose, applicability 25-5-120
width, minimum 25-5-115
designation 25-5-111 regulations, additional 25-5-128
height limit 25-5-113 yards 25-5-126
landscaping 25-5-117 De minimis structure position
permitted uses 25-5-112 discrepancy
purpose, applicability 25-5-110 appeal 25-4-71
regulations, additional 25-5-118 disclosure 25-4-70
yards 25-5-116 grounds 25-4-68
City of Hilo zone map procedure for recognizing 25-4-66
See herein Zoning map, district, recognition of 25-4-69
urban zone map review by director 25-4-67
Cluster plan development Enforcement
appeal 25-6-26 administrative enforcement 25-2-35
application 25-6-22 authorized personnel
common land 25-6-25 limited liability 25-2-33
land area required, minimum right of entry 25-2-32
25-6-21 criminal prosecution 25-2-31
lot size, minimum 25-6-24 injunctive action 25-2-34
lots, computation of maximum remedies cumulative 25-2-36
number 25-6-23 violation 25-2-30
signs for public notification 25-6-22 FA, family agricultural districts
CN, neighborhood commercial districts building site
building site area, minimum 25-5-64
area, minimum 25-5-104 width, minimum 25-5-65
width, minimum 25-5-105 designation 25-5-61
designation 25-5-101 height limits 25-5-63
height limit 25-5-103 permitted uses 25-5-62
landscaping 25-5-107 purpose, applicability 25-5-60
permitted uses 25-5-102 regulations, additional 25-5-67
purpose, applicability 25-5-100 yards 25-5-66
regulations, additional 25-5-108 Fences 25-4-43
yards 25-5-106 Flag lots 25-4-14
Concurrency requirements 25-2-46
Frontage 25-4-30
SUPP. 17 (1-2025)
I-66
ZONING
General administration
See herein Zoning map, district,
application, waiting period after
urban zone map
denial 25-2-6
Hala‘ula-Niuli‘i zone map
applications including lesser actions, See herein Zoning map, district,
concurrent applications urban zone map
25-2-9 Hmkua district homesteads area
approvals, utilization within two zone map
years 25-2-7 See herein Zoning map, district,
changing districts, effect on prior urban zone map
approvals 25-2-8 district zone map
consolidation, resubdivision, waiver See herein Zoning map, district,
of requirements 25-2-11 urban zone map
notice to property owner, lessee of -Kapa‘au zone map
pending application 25-2-4 See herein Zoning map, district,
permits or licenses to be issued in urban zone map
conformance with chapter 25-2-2 Height requirements
privileges run with the land 25-2-10 accessory structures 25-4-23
public hearing notices 25-2-5 basements, underground structures
review, acceptance of applications 25-4-21
25-2-3 exemptions 25-4-22
General development generally 25-4-20
agricultural tourism 25-4-15 Hilo, city of, zone map
authorized by other permits 25-4-5 See herein Zoning map, district,
bed and breakfast establishments urban zone map
25-4-7 Home occupations 25-4-13
establishment of permitted uses in Human occupancy, conditions for
districts 25-4-3 buildings designed for 25-4-2
flag lots 25-4-14 IA, intensive agricultural districts
guest houses 25-4-9 building site
home occupations 25-4-13 area, minimum 25-5-84
width, minimum 25-5-85
mobile dwellings 25-4-10
designation 25-5-81
power lines, utility substations,
height limit 25-5-83
public buildings 25-4-11
short-term vacation rentals 25-4-16 permitted uses 25-5-82
telecommunication antennas or purpose, applicability 25-5-80
towers 25-4-12 regulations, additional 25-5-87
temporary real estate offices and yards 25-5-86
model homes 25-4-8 Kailua urban zone map
Guest houses See herein Zoning map, district,
requirements, general 25-4-9 urban zone map
Haina-Honoka‘a-Kukuihaele zone map Kailua-Honalo urban zone map
See herein Zoning map, district, See herein Zoning map, district,
urban zone map urban zone map
Hakalau-zone map Kailua village design commission
SUPP. 17 (1-2025)
I-67
ZONING
boundaries 25-7-1
permitted uses 25-5-152
amendment 25-7-5
purpose, applicability 25-5-150
membership, appointment, regulations, additional 25-5-157
terms 25-7-2 yards 25-5-156
powers, duties 25-7-4 ML, limited industrial districts
Kalapana-Kaim zone map building site
See herein Zoning map, district, area, minimum 25-5-144
urban zone map width, minimum 25-5-145
K district zone map designation 25-5-141
See herein Zoning map, district, height limit 25-5-143
urban zone map permitted uses 25-5-142
Kawaihae-Puak zone map purpose, applicability 25-5-140
See herein Zoning map, district, regulations, additional 25-5-147
urban zone map yards 25-5-146
Kea‘au zone map Mobile dwellings 25-4-10
See herein Zoning map, district, Nlehu zone map
urban zone map See herein Zoning map, district,
Kurtistown zone map urban zone map
See herein Zoning map, district, Nonconforming uses, buildings
urban zone map abandonment 25-4-62
-Pu‘ukapu zone map continuance 25-4-61
See herein Zoning map, district, destruction 25-4-63
urban zone map exceptions 25-4-65.1
Lauphoehoe-Nnole zone map expansion, changes 25-4-65
See herein Zoning map, district, maintenance, repair 25-4-60,
urban zone map 25-4-64
MCX, industrial-commercial mixed North Hilo district zone map
districts See herein Zoning map, district,
building site urban zone map
area, minimum 25-5-134 North Kona zone map
See herein Zoning map, district,
width, minimum 25-5-135
urban zone map
designation 25-5-131
height limit 25-5-133 North, South Kohala districts zone map
landscaping 25-5-137 See herein Zoning map, district,
permitted uses 25-5-132 urban zone map
purpose, applicability 25-5-130 North, South Kona districts zone map
regulations, additional 25-5-138 See herein Zoning map, district,
yards 25-5-136 urban zone map
MG, general industrial districts
building site
area, minimum 25-5-154
width, minimum 25-5-155
designation 25-5-151
height limit 25-5-153
SUPP. 17 (1-2025)
I-68
ZONING
O, open districts requirements, determination
building site 25-4-59.1
area, minimum 25-5-164 PD, project districts
width, minimum 25-5-165 See also APD, agricultural project
designation 25-5-161 districts
height limit 25-5-163 amendments 25-6-49.1
permitted uses 25-5-162 appeals 25-6-49.2
purpose, applicability 25-5-160 application, requirements 25-6-44
regulations, additional 25-5-167 conditions 25-6-45
yards 25-5-166 construction in conformity with
approved site plan 25-6-48
See herein Zoning map, district, establishing, criteria 25-6-41
urban zone map land area, minimum required
Pa‘auilo-zone map 25-6-42
See herein Zoning map, district, permitted uses 25-6-43
urban zone map plan approval issued by approval of
Phala Village zone map site plan 25-6-49
See herein Zoning map, district, review, approval procedure
urban zone map 25-6-46
Phoa zone map review criteria and conditions of
See herein Zoning map, district, approval 25-6-47
urban zone map signs for public notification
Ppa‘ikou-Onomea zone map 25-6-44
See herein Zoning map, district, Pepe‘eke zone map
urban zone map See herein Zoning map, district,
Parking and loading, off-street urban zone map
dimensions of spaces 25-4-53 Permitted uses, by district
electric vehicles A, agricultural districts 25-5-72
alternatives, exemptions 25-4-54.2 APD, agricultural project districts
generally 25-4-54.1 25-6-53
CG, general commercial districts
exceptions 25-4-59.2
improvements, standards 25-4-54 25-5-112
landscaping, screening 25-4-59.3 CN, neighborhood commercial
loading spaces districts 25-5-102
dimension 25-4-58 CV, village commercial districts
loading requirements 25-4-56 25-5-122
location, improvement 25-4-59 FA, family agricultural districts
method of determining 25-4-57 25-5-62
parking for persons with disabilities IA, intensive agricultural districts
25-4-55 25-5-82
parking spaces
dimension 25-4-53
number required 25-4-51
determining, method 25-4-52
purpose of provisions 25-4-50
SUPP. 17 (1-2025)
I-69
ZONING
MCX, industrial-commercial mixed height exceptions authorized
districts 25-5-132 25-6-11
MG, general industrial districts land area, minimum required
25-5-152 25-6-2
ML, limited industrial districts permit application
25-5-142 action on, notice 25-6-4, 25-6-6
O, open districts 25-5-162 appeals 25-6-15
PD, project districts 25-6-43 criteria for granting 25-6-10
RA, residential and agricultural processing procedure when use not
districts 25-5-52 permitted 25-6-5
RCX, residential-commercial mixed requirements 25-6-3
use districts 25-5-42 signs for public notification 25-6-4
RD, double-family residential special districts 25-6-7
districts 25-5-22 time extensions 25-6-14
RM, multiple-family residential use permits, plan approvals 25-6-12
districts 25-5-32 Power lines, utility substations, public
RS, single-family residential districts buildings
25-5-3 plan approval required 25-2-71
V, resort-hotel districts 25-5-92 requirements 25-4-11
Special districts Puak-‘Anaeho‘omalu zone map
CDH, Downtown Hilo commercial See herein Zoning map, district,
district 25-7-22 urban zone map
Kailua village 25-7-1 Puna district zone map
See herein Zoning map, district,
25-7-40 urban zone map
UNV, University districts 25-7-32
Plan approval design guidelines 25-7-41
action on applications design review committee
generally 25-2-76 25-7-42
review criteria, conditions 25-2-77
purpose, applicability, boundaries
agricultural tourism 25-2-75 25-7-40
appeal of decision 25-2-78 RA, residential and agricultural districts
application, requirements building site
generally 25-2-72 area, minimum 25-5-54
special districts with design width, minimum 25-5-55
guidelines or standards 25-2-73 designation 25-5-51
telecommunication antennas height limit 25-5-53
25-2-74 permitted uses 25-5-52
construction, conformity with plan purpose, applicability 25-5-50
approval 25-2-78 regulations, additional 25-5-57
Planned unit development
yards 25-5-56
effect on other zoning provisions
25-6-13
SUPP. 16 (7-2024)
I-70
2030
2029
2028
2027
2026
25)
-
23
-
1A
-
2025
24(Eff: 1
, ,, ,
,
8A52A59A26A46A65A45A93A17A
------
---
2024
242424 2424242424
24
,, ,
LEGISLATIVE HISTORY TABLE
A
A
3356A64A3387A88A
------
2023
232323232323
ode chapter affected.
C
ode
ode
C
C
ode
by the
CCode
xisting
Signs
Energy
TITLE
E
General
esidential
Animals
Provisions
uilding
uilding
R
CHAPTER
Construction
Conservation
B
B
Building Code
Electrical Code
Administrative
Plumbing Code
Administration
are listed
1 2 34 5
5F
5A5B5C5E
5D
= Amended or repealed section(s) of the chapter, or added new section(s)= Repealed and replaced chapter in its entirety= Created new chapter
= Repealed the chapter
NO.
A R C X
rdinances
CHAPTER
O Abbreviations:
SUPP. 17 (1-2025)
T-6.1
2030
2029
2028
2027
2026
25)
-
23
-
1A
-
2025
24(Eff: 1
, , ,
,
A,
51A98A18A16A96A3A2358A81A62A
----------
2024
2424 2424242424242424
,
A
12A, 13A, 14A,
2920A77A11A, 19A8C
---------
2023
23 2323 2323232323 23
Fire
Land
Minors
TITLE
Control
Welfare
General
Housing
Planning
Reserved
Parks and
Recreation
Businesses
Emergency
CHAPTER
Erosion and
Disaster and
ManagementDedication of
Improvements
Sedimentation
by Assessments
6 7 8 9
1011121314151617
NO.
CHAPTER
SUPP. 17 (1-2025)
T-6.2
2030
2029
2028
2027
-1-26)
69A
-
2026
(Eff: 1
24
25)25)
-1--1-
61A78A
--
2025
24(Eff: 1 24(Eff: 1
,, , , , , , , ,
,
A
2854A65A70A,72A,73A57A82A70A86A4A15A20A30A53A66A,67A77A88A,89A
--------------------
2024 ntentionally left blank.
I
2323232424242424242424242424242424242424
,
59A,60A98A, 99A
55A,58A
------
2023
232323232323
Taxes
Public
TrafficTraffic
Sewers
TITLE
Schedules
Integrated
CHAPTER
Solid Waste
SubdivisionsVehicles and
Management
Real Property
County Streets
Transportation
1819202122232424
NO.
CHAPTER
SUPP. 17 (1-2025)
T-6.3
2030
2029
2028
2027
2026
2025
,, , , ,
65A70A,71A87A35A,36A,37A,38A55A64A90A
-----------
2024
ntentionally left blank.
I
2424242424242424242424
, , , , , ,
,
38A2A23A34A52A57A69A96A,97A105A8R
2023-------
----
232323232323232323
2323
Zoning
TITLE
Reserved
CHAPTER
Flood Control
Zoning Annex
25252627
NO.
CHAPTER
SUPP. 17 (1-2025)
T-6.4
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
24-32 07-01-24 Operating budget FY 2024-2025 --
24-33 07-01-24 Capital improvements budget --
FY 2024-2025
24-3406-17-24Operating budget--
24-35 06-19-24 City of Hilo Zone Map ZA
24-36 06-14-24 Waikoloa Village Zone Map ZA
24-37 06-14-24 North and South Kohala Zone Map ZA
24-38 06-14-24 Kailua Urban Zone Map ZA
24-39 06-19-24 Capital improvements budget --
24-4006-19-24Capital improvements budget--
24-41 06-19-24 Operating budget --
24-42 06-19-24 Operating budget --
24-43 06-19-24 Operating budget --
24-44 06-19-24 Operating budget --
24-45 07-05-24 Pre-approved plans for residential 5-1-5, 5-4-21,
dwellings5-7-2
24-46 07-01-24 Animals; noisy dog; reasonable 4-4-26
attempts to reduce noise; penalties
24-47 06-30-24 Operating budget --
24-48 06-30-24 Operating budget --
24-49 06-30-24 Operating budget --
24-50 06-30-24 Operating budget --
24-51 07-12-24 Commercial bicycle tours Adds new article
to chapter 6
6-8 to 6-15
24-52 07-31-24 Planning; semiannual reports Adds new section
2-35.2
24-53 07-19-24 Traffic Schedules 24-284
24-54--Charter amendment (Cost of --
Government Commission)
24-5508-01-24North Kona District Zone MapZA
24-56 08-06-24 Operating budget --
24-57 08-07-24 Solid waste facilities 20-02-03
24-58 08-21-24 Parks and recreational farmers market 15-72
facility schedule
24-59 08-21-24 Appropriation of funds to nonprofit 2-136 to 2-139,
organizations 2-142.1
24-60 08-21-24 Operating budget --
24-61 01-01-25 Real property taxes, classification of 19-53, 19-71
land
24-62 09-03-24 Community development plan action 16-5
committees
SUPP. 17 (1-2025)
T-41
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
24-63 09-03-24 Capital improvements budget --
24-64 09-03-24 City of Hilo Zone Map ZA
24-65 09-20-24 Apiaries and beekeeping4-1-1,
adds new article
to chapter 4
4-5-1 to 4-5-5,
25-1-5, 25-4-48,
25-5-3, 25-5-22,
25-5-32, 25-5-42,
25-5-52, 25-5-62,
25-5-72, 25-5-82,
25-5-92, 25-5-102,
25-5-112, 25-5-
122, 25-5-132, 25-
5-142, 25-5-152,
25-5-162, 25-7-22
24-66 09-18-24 Traffic Schedules 24-288.1
24-67 09-18-24 Traffic Schedules 24-280
24-68 09-23-24 Operating budget --
24-69 01-01-26 Creation of a long-term rental class for 19-2, 19-53, 19-90
real property taxes
24-70 10-07-24 Ohana dwelling units 19-2, 19-104, 23-
108, 25-1-5, 25-2-
3, 25-5-8, 25-5-27,
25-5-57, 25-5-67,
25-5-77, 25-6-30
to 25-6-39.7
24-71 10-02-24 Conditions onchange of zone 25-2-44
24-72 10-02-24 Nondedicated agricultural use 19-57
assessment program
24-73 10-02-24 Real property taxes 19-2, 19-53, 19-61
24-74 10-02-24 Operating budget --
24-75 10-02-24 Operating budget --
24-76 10-02-24 Operating budget --
24-77 10-02-24 Traffic Schedules 24-280
24-78 01-01-25 Traffic Schedules 24-284, 24-291.1
24-79 10-15-24 Operating budget --
24-80 10-15-24 Operating budget --
24-81 10-15-24 Names the ballfields at the William 15-68.1
“Billy” Kenoi District Park the
“Howard Sanoria Ballfields” in honor
of Howard Fernando Sanoria
SUPP. 17 (1-2025)
T-42
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
24-82 11-13-24 Use of County streets and establishing 22-2.5, 22-2.6,
a special activity permit for 22-3.1, 22-3.3 to
commercial activities 22-3.4.2, 22-3.6,
22-3.8, 22-3.9,
22-3.10
24-83 11-04-24 Operating budget --
24-84 11-04-24 Operating budget --
24-85 11-04-24 Operating budget --
24-86 11-04-24 Exemption from certain motor vehicle 24-17, 24-19
taxes and fees
24-87 11-25-24 Amendments initiated by property 25-2-42
owners and other persons
24-88 11-25-24 Traffic Schedules 24-255, 24-257
24-89 11-25-24 Traffic Schedules 24-279, 24-280
24-90 11-25-24 North Kona Zone Map ZA
24-91 11-25-24 Operating budget --
24-92 11-25-24 Operating budget --
24-93 11-25-24 Building permit exemptions 5-3-22
24-94 11-25-24 Capital improvements budget --
24-95 11-25-24 General Obligation Bonds --
($150,000,000 – Various public
improvement projects)
24-96 12-02-24 Nuclear energy 14-44
24-97 12-09-24 Operating budget --
24-98 12-09-24 Prohibited highways for commercial 6-12
bicycle tours
24-99 12-09-24 Operating budget --
SUPP. 17 (1-2025)
T-43