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Home My WebLink About00 All Chapters CHAPTER 1 GENERAL PROVISIONS Section 1-1. Designation and citation of Code. Section 1-2. Rules of construction. Section 1-3. When rules of construction do not apply. Section 1-4. Definitions. Section 1-5. Reference to chapters, articles, divisions, subdivisions, and sections; conflicting provisions. Section 1-6. Revival. Section 1-7. Effect on rights accrued. Section 1-8. Pending suit or prosecution. Section 1-9. Severability. Section 1-10. General penalty. Section 1-11. Violation of Charter. i This page intentionally left blank. G ENERAL P ROVISIONS§1-1 CHAPTER 1 GENERAL PROVISIONS Section 1-1. Designation and citation of Code. This Code shall be known and may be cited as the “Hawai‘i County Code,” the “County Code,” or in the provisions which follow as “this Code.” (1983 CC, c 1, sec 1-1.)1-1 Section 1-2. Rules of construction. (a) In the construction of this Code, the following rules shall be observed unless it is apparent from the context that a different construction is intended: (1) All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (2) Every word in this Code shall extend to and be applied to all genders; and every word importing the singular number only shall extend to and be applied to several persons or things as well as to one person or thing; and every word in the plural number shall include the singular number, and every word in the singular number shall include the plural number. (3) Every word used in the present tense shall include the future. (4) When any provision of this Code requires an act to be done, which may by law as well be done by a subordinate officer as by the superior officer, such requirement shall be construed to include all such acts when done by an authorized subordinate officer. (5) The time within which an act is to be done as provided in any provision of this Code or in any order issued pursuant to any provision of this Code, when expressed in days, shall be computed by excluding the first day and including the last, unless the last day is a Sunday or holiday, in which case it is also excluded. When so provided by the rules of court, the last day shall also be excluded if it is a Saturday. (1983 CC, c 1, sec 1-2.) 1-2 Section 1-3. When rules of construction do not apply. The rules of construction set forth in section 1-2 shall not be applied to any provision of this Code which contains an express provision excluding such construction, or when the subject matter or context of a provision of this Code may be repugnant thereto. (1983 CC, c 1, sec 1-3.)1-3 1-1 § 1-4H AWAI‘I C OUNTY C ODE Section 1-4. Definitions. (a) For the purposes of this Code, the following terms, phrases, words, and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning was intended: (1) “And/or.” “And” may be read “or” and “or” may be read “and,” if the sense requires it. (2) “Agency” means any office, department, board, commission, or other governmental unit of the County. (3)“Bond” means an obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event. (4) “Building” means any structure intended to have walls and a roof. (5) “Business” means any profession, trade, occupation, and any other commercial enterprise conducted for monetary reward. (6) “City” means the City of Hilo, State of Hawai‘i. (7) “Clerk” means the County clerk. (8) “Charter” means the Charter of the County of Hawai‘i. (9) “Council” means the County council of the County of Hawai‘i. (10) “County” means the County of Hawai‘i, State of Hawai‘i. (11) Definitions given within a chapter or article apply only to words or phrases used in such chapter or article, unless otherwise provided. (12) “Designee” following an official of the County means the authorized agent, employee, or representative of that official. (13) “District” means the geographical area or election district in the County of Hawai‘i as described in sections 4-1 and 4-2, Hawai‘i Revised Statutes.* District does not mean representative district. (14) “Executive agency” means any agency or department of the executive branch of the County government. (15) “Employee” means any person, except an officer, employed by the County or any agency of the County, but shall not include an independent contractor. (16) “May” is permissive and discretionary. (17) “Mayor” means the mayor of the County. (18) “Month” means a calendar month. (19) “Oath” means any form of attestation by which a person signifies that the person is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath. (20) “Occupant” means a tenant or person in actual possession. (21) “Officer” includes the following: (A) Mayor and members of the council. (B) Any person elected or appointed as administrative head of any agency of the County or appointed as a member of any board or commission provided for in this Code. (C) Any person appointed by a board or commission as the administrative head of any agency of the County. 1-2 G ENERAL P ROVISIONS§1-4 (D) Deputy, assistant, or division chief appointed by the administrative head of any agency of the County. (E) Assistant and deputies of the corporation counsel and prosecuting attorney. (22) “Operate” means carry on, keep, conduct, maintain, manage, direct, or superintend. (23) “Ordinances” means the ordinances of the County of Hawai‘i and all amendments and supplements thereto. (24) “Owner” means one who has complete dominion over particular property and the one in whom legal or equitable title rests; when applied to a building or land, “owner” means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land. (25) “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity, acting either for himself or for any other person, under personal appointment or pursuant to law. (26) “Preceding” and “following” mean next before and next after, respectively. (27) “Proprietor” means an owner of the property or premises, including any person, firm, association, corporation, club, partnership, or other group acting as a unit, whether acting by themselves or by a servant, agent, or employee. (28) “Public place” means any park, lake, stream, stadium, athletic field, playground, school yard, street, avenue, plaza, square, bus depot, shopping center, or mall, or any other place commonly open to the public. (29) “Shall” and “must” are mandatory. (30) “Sidewalk” means that portion of a street between the curb line and the adjacent property along the margin of a street or other roadway, designed, constructed, and intended for the use of pedestrians to the exclusion of vehicles. (31) “State” means the State of Hawai‘i. (32) “Statutes” means the Hawai‘i Revised Statutes. (33) “Street” means all streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges, and the approaches thereto, docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lanes used for vehicular traffic, or other public ways or thoroughfares in the County, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State. (34) “Tenant” means any person occupying the premises, building, or land of another in subordination to such other person's title and with such other person’s express or implied consent, whether the person occupies the whole or a part of those premises, building, or land, whether alone or with others. 1-3 § 1-4H AWAI‘I C OUNTY C ODE (35) “Watercourse” means any drain, ditch, and stream flowing in a definite direction or course in a bed with banks. (36) “Week” means seven days. (37) “Workforce Investment Act of 1998” refers to the United States Public Law 105-220-August 7, 1998 (112 Stat. 936) and 20 Code of Federal Regulations part 652 and parts 660 through 671. (38) “Writing” and “written” mean any representation of words, letters, or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means. (39) “Year” means a calendar year. (1983 CC, c 1, sec 1-4; am 2000, ord 00-43, sec 2.)1-4 * Editor's Note: Section 4-2, Hawai‘i Revised Statutes was repealed. Section 1-5.Reference to chapters, articles, divisions, subdivisions, and sections; conflicting provisions. (a) In addition to the rules of construction specified in section 1-2, the following rules shall be observed in the construction of the provisions of this Code: (1) All references to chapters, articles, divisions, subdivisions, and sections are to the chapters, articles, divisions, subdivisions, and sections of the Hawai‘i County Code unless otherwise specified; (2) If the provisions of different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of that chapter; and (3) If conflicting provisions are found in different sections of the same chapter, the provisions of the section which was enacted later in time prevail unless such construction is inconsistent with the meaning of that chapter. (1983 CC, c 1, sec 1-5.) 1-5 Section 1-6. Revival. The repeal of any resolution or ordinance does not revive any other resolution or ordinance which has been repealed, unless that revival is clearly expressed. (1983 CC, c 1, sec 1-6.) 1-6 Section 1-7. Effect on rights accrued. The repeal of any resolution or ordinance shall not affect any act done, or any right accruing, accrued, acquired, or established, or any suit or proceedings had or commenced in any civil case, before the time when the repeal takes effect. (1983 CC, c 1, sec 1-7.) 1-7 Section 1-8. Pending suit or prosecution. No suit or prosecution pending at the time of the repeal of any resolution or ordinance, for any offense committed, or for the recovery of any penalty or forfeiture incurred under the resolution or ordinance repealed, shall be affected by that repeal. (1983 CC, c 1, sec 1-8.) 1-8 1-4 G ENERAL P ROVISIONS§1-9 Section 1-9. Severability. It is declared to be the intention of the council that the sections, subsections, paragraphs, sentences, clauses, and words of this Code are severable. If any section, subsection, paragraph, sentence, clause, or word is declared unconstitutional, or otherwise invalid by the lawful judgment or decree of any court of competent jurisdiction, its unconstitutionality or invalidity shall not affect the validity of any of the remaining sections, subsections, paragraphs, sentences, clauses, and words of this Code, since the sections or parts of sections would have been enacted by the council without and irrespective of any unconstitutional or otherwise invalid section, subsection, paragraph, sentence, clause, or word being incorporated into this Code. (1983 CC, c 1, sec 1-9.) 1-9 Section 1-10. General penalty. (a) Where there is a violation of a provision of this Code for which no penalty is provided, the person violating the provision shall be subject to a fine of not more than $100 for each offense, or to imprisonment of not more than ninety days, or to both. (b) In all cases where a penalty is imposed by this Code, the court may, in addition to such penalty, award attorneys' fees to the County. (1983 CC, c 1, sec 1-10.) 1-10 Section 1-11. Violation of Charter. (a) As used in this section, “intentionally” means an act purposely, knowingly, or wilfully done. (b) Any person who “intentionally” fails to exercise such person’s duties and responsibilities as expressed in the Charter, or to heed the prohibitions provided for therein, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500 or by imprisonment for a term not exceeding six months, or by both. (c) The provisions of this section shall not apply to article XIV of the Charter. (1983 CC, c 1, sec 1-11.) 1-11 1-5 This page intentionally left blank. 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. 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. ii Division 2. Repealed. Article 10. Junior Police Officers. Section 2-51. Financial aid to parents. Section 2-52. Reporting of injury; investigation. Article 11. Department of Parks and Recreation. Section 2-53. Powers and authority. Section 2-54. Powers and duties of director. Section 2-55. Deputy director. Section 2-56. Full-time employees. Section 2-57. Part-time and temporary employees. Section 2-58. Cooperation with other agencies and organizations. Section 2-59. Authority to levy charges and fees. Section 2-60. Power to adopt rules and regulations; penalty. Article 12. Central Coordinating Agency. Section 2-61. Designation of agency. Section 2-62. Duties. Section 2-63. Adoption of rules. Section 2-64. Cooperation with other agencies. Section 2-65. Appeals. Article 13. Housing Administration. Division 1. Hawai‘i County Housing Agency. Section 2-66. Created; scope of authority. Section 2-67. Purpose of the housing agency. Section 2-68. Powers of the housing agency. Division 2. Office of Housing and Community Development. Section 2-69. Housing administrator created; office of housing and community development established. Section 2-70. Powers of housing administrator. Section 2-71. Duties of housing administrator. iii Division 3. Funds and Contracts. Section 2-72. Federal funds. Section 2-73. Signing of contracts. Section 2-74. Revolving fund created. Section 2-75. Use of the County housing program revolving fund. Section 2-75.1. Housing special funds. Article 14. Mass Transit Agency. Section 2-76. Creation. Section 2-77. Mass transit administrator created. Section 2-78. Duties of mass transit administrator. Section 2-78.1. Authority to adopt rules and regulations. Article 15. Code of Ethics. Section 2-79. Purpose. Section 2-80. Interpretation of article. Section 2-80.1. Distribution of mass mailings prohibited during campaign. Section 2-81. Applicability. Section 2-82. Definitions. Section 2-83. Fair treatment. Section 2-84. Conflicts of interests. Section 2-85. Contracts. Section 2-85.1. Contracts voidable. Section 2-86. Informal advisory opinions. Section 2-87. Formal opinions. Section 2-88. Disposition after issuance of formal opinion. Section 2-89. Cooperation with County agencies. Section 2-90. Confidentiality. Section 2-91. Appointing authority’s power to discipline. Section 2-91.1. Financial disclosures and disclosures of interest. Section 2-91.2. Post-employment. Section 2-91.3. Lobbyist registration. Section 2-91.4. Gifts. Section 2-91.5. Reporting of gifts. Section 2-91.6. Confidential information. SUPP. 13 (1-2023) iv 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 grants. 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. vi Article 26. Salaries for Deputies in the Office of the Corporation Counsel and the Office of the Prosecuting Attorney. Section 2-143. Definitions. Section 2-144. Salary schedule. Section 2-145. Repealed. Section 2-146. Repealed. Section 2-147. Repealed. Section 2-148. Repealed. Section 2-149. Repealed. Section 2-150. Repealed. Article 27. Numbering, Form, Revision of Ordinances; Supplementation of Hawai‘i County Code. Section 2-151. Numbering of ordinances. Section 2-152. Form of ordinances amending the Hawai‘i County Code. Section 2-153. Revision of ordinances; supplementation of Hawai‘i County Code. Article 28. County Seal. Section 2-154. County seal description. Section 2-155. Unauthorized use of seal and penalties. Article 29. Self-Insurance Fund. Section 2-156. Creation of fund. Section 2-157. Funding. Section 2-158. Expenditures from the self-insurance fund. Section 2-159. Dissolution of the fund. Section 2-160. Administration of the fund. Article 30. Gifts or Donations; Dedications. Section 2-161. Gifts or donations. Section 2-162. Procedures of acceptance; money, securities, or personal property. Section 2-162.1. Procedures for accepting money, securities, personal property or real property derived from community benefit assessments or conditions of land use approvals. Section 2-162.2. Procedures for acceptance; other real property. Article 31. Sister City Relationships. Section 2-163. Purpose. Section 2-164. Criteria. Section 2-165. Establishment of sister city relationship. Section 2-166. Protocol officer. vii Article 32. Recovery of Rescue Expenses. Section 2-167. Definitions. Section 2-168. Gross negligence. Section 2-169. Recovery of expenses. Article 33. Development Agreement with the State for Mass Transportation Programs. Section 2-170. Authorization to executive branch. Article 34. Fees and Charges for Special Duty Services of the Hawai‘i County Police Department. Section 2-171. Definition. Section 2-172. Administration. Section 2-173. Fees for special duty requests. Section 2-174. Waiver. Section 2-175. Rules and regulations. Section 2-175.1. Employment of staff; funding. Article 35. Geothermal Asset Fund. Section 2-176. Creation of fund. Article 36. Geothermal Relocation and Community Benefits Program. Section 2-177. Establishment. Section 2-178. Purchase and sale of affected properties. Section 2-179. Creation of geothermal relocation and community benefits fund. Section 2-180. Funding. Section 2-181. Expenditures from fund. Section 2-182. Promulgation authority. Article 37. Family Violence Advisory Commission. Section 2-183. Organization. Section 2-184. Membership and tenure. Section 2-185. Oath of affirmation. Section 2-186. Rules of procedure; quorum; meetings. Section 2-187. Powers and duties of the commission. viii Article 38. Claims and Actions Against County Officers, Employees and Former Employees. Section 2-188. Defense by the County; punitive damages. Article 39. Workforce Innovation and Opportunity Act Program. Section 2-189. Established. Section 2-190. Purpose. Section 2-191. Powers and duties. Section 2-192. Workforce innovation and opportunity board. Section 2-193. Creation of fund. Section 2-194. Funding. Section 2-195. Expenditures from fund. Section 2-196. Impairment of Federal funds. Section 2-197. Termination of fund. Article 40. Department of Environmental Management. Section 2-198. Definitions. Section 2-199. Composition of department. Section 2-200. Statement of policy. Section 2-201. Appointment and qualifications of department head. Section 2-202. Powers, duties, and functions. Section 2-203. Divisions within department. Section 2-204. Enforcement. Section 2-205. Penalties. Section 2-206. Administrative penalties. Section 2-207. Environmental management commission. Article 41. Animal Control and Protection Agency. Section 2-208. Hawai‘i County animal control and protection agency established. Section 2-209. Agency organization. Section 2-210. Powers and duties of the animal control and protection administrator. Section 2-211. Repealed. Section 2-212. Repealed. Section 2-213. Repealed. Article 42. Public Access, Open Space, and Natural Resources Preservation. Section 2-214. Repealed. Section 2-214.1. Public access, open space, and natural resources preservation fund. Section 2-214.2. Public access, open space, and natural resources preservation maintenance fund. Section 2-215. Public access, open space, and natural resources preservation commission. SUPP. 15 (1-2024) ix Section 2-216. Oath of affirmation. Section 2-217. Duties and responsibilities of the commission. Section 2-218. Prioritized list of qualifying lands worthy of preservation. Article 43. Budget Stabilization Fund. Section 2-219. Creation of fund; purpose. Section 2-220. Funding. Section 2-221. Expenditures. Section 2-222. Appropriations. Section 2-223. Prohibitions. Section 2-223.1. Dissolution of the fund. Article 44. Hawai‘i County Cultural Resources Commission. Section 2-224. Purpose. Section 2-225. Definitions. Section 2-226. Commission established. Section 2-227. Officers and expenses. Section 2-228. Meetings and voting. Section 2-229. Powers and duties. Section 2-230. Nominations to the Hawai‘i or national register of historic places. Section 2-231. Guidelines. Section 2-232. Administration. Article 45. General Excise and Use Tax Surcharge. Section 2-233. Establishment of surcharge. Section 2-234. General excise tax fund. Section 2-235. Use of funds. Section 2-236. Termination of surcharge. Article 46. Commercial Sponsorship of County Assets. Section 2-237. Findings and purpose. Section 2-238. Definitions. Section 2-239. Commercial sponsorships. Section 2-240. Exclusions. Section 2-241. Sponsorship agreement. Section 2-242. Sponsorship recognition. Section 2-243. General requirements. Section 2-244. Funds received from sponsorship agreements. Section 2-245. Adoption of rules. SUPP. 7 (1-2020) x Article 47. Disaster Relief, Recovery, and Resilience. Section 2-246. Findings and purpose. Section 2-247. Definitions. Section 2-248. Applicability; restrictions of funding source; County reservation of funds. Section 2-249. Administration. Section 2-250. Eligible nonprofit organizations. Section 2-251. Conditions for grants. Section 2-252. Procedure for awarding grants. Section 2-253. Criteria. Section 2-254. Maximum grant award. Section 2-255. No lapse of disaster relief funds. Section 2-256. Records, reporting, and fiscal accountability requirements. Section 2-257. Indemnification. Section 2-258. Rules. Article 48. Transient Accommodations Tax. Section 2-259. Tax established. Section 2-260. Definitions. Section 2-261. Payment of tax. Section 2-262. Annual return. Section 2-263. Rent collection by third party; filing with the director; statement required. Section 2-264. Assessment of tax for failure to make payment; limitation period; exceptions; extension by agreement. Section 2-265. Appeals. Section 2-266. Collection by suit; injunction. Section 2-267. Penalty and interest. Section 2-268. Director of finance. Section 2-269. Administrative rules. Article 49. Sustainability, Climate, Equity, and Resilience. Division 1. Office of Sustainability, Climate, Equity, and Resilience. Section 2-270. Creation. Section 2-271. Sustainability administrator created. Section 2-272. Duties of sustainability administrator. Division 2. Climate Action Revolving Fund. Section 2-273. Climate action revolving fund created. SUPP. 15 (1-2024) xi This page intentionally left blank. A DMINISTRATION § 2-1 CHAPTER 2 ADMINISTRATION Article 1. General Provisions. Section 2-1. Purpose of chapter. The purpose of this chapter is to set forth the complete plan of administrative organization under the executive branch of the County government pursuant to section 4-2, Hawai‘i County Charter. (1983 CC, c 2, art 1, sec 2-1.)2-1 Section 2-2. Bonds of officials required; amount; filing; payment of premiums. (a) In accordance with the provisions of section 13-6, Hawai‘i County Charter, bonds in the following amounts shall be furnished by the following officers and employees: Officers and Employees Bonds Mayor .............................................................................................................................$25,000 Councilmember (each) .....................................................................................................10,000 Prosecuting attorney .......................................................................................................20,000 Director of finance ...........................................................................................................25,000 Corporation counsel .........................................................................................................20,000 Deputy director of finance ............................................................................................... 20,000 Controller .........................................................................................................................20,000 Treasurer .........................................................................................................................20,000 Purchasing agent ............................................................................................................. 10,000 Cashier .............................................................................................................................10,000 County clerk ....................................................................................................................15,000 (b) Officers and employees of the legislative branch shall file their bonds with the clerk. Officers and employees of the executive branch shall file their bonds with the director of finance. (c) The premium on the bonds shall be paid by the County. (1983 CC, c 2, art 1, sec 2-2.)2-2 Section 2-3. Issuance of commissions. Whenever any ordinance of the County authorizes the issuance of a commission for the appointment of any officer within the County, such commission shall be filed in the office of the clerk who shall furnish certified copies to persons entitled thereto. The commissions so issued shall be the sole evidence of the appointment of the officers for whom they are issued. (1983 CC, c 2, art 1, sec 2-3.)2-3 2-1 § 2-4 H AWAI‘I C OUNTY C ODE Section 2-4. Subpoenas. (a) The chair of the council is authorized when countersigned by the clerk, and over the Seal of the County duly affixed, to summon or to subpoena persons to appear before the council, upon the request in writing of and by parties interested in the matter then pending before the council to the clerk, or to the chair of the council stating that such persons are necessary for the full understanding and legal determination of the matters before the council. (b) The person summoned shall be paid from the general fund of the County, upon claims duly certified as by ordinance provided and regulated at the rate of 10 cents a mile, going and coming, and $1 a day during actual attendance before the council. (c) Any person who fails to appear or otherwise violates this section shall be fined a sum not to exceed $100. (1983 CC, c 2, art 1, sec 2-4.)2-4 Section 2-5. Inspections; charges for overtime. (a) When an applicant requests that an inspection be made, other than during normal working hours or on a Saturday, Sunday, or legal holiday, the applicant shall bear the cost of such inspection, and shall pay the cost to the County, prior to receiving final approval of the project. Moneys so realized shall be credited to the proper accounts of the respective agencies to cover the cost of such overtime inspections. Such moneys are hereby appropriated and shall be expended for inspection costs without further action of the council. (b) As used in this section: (1) “Applicant” means any person requesting inspectional services from the County. (2) “Cost” means the amount to be charged by the County for overtime inspection at the per hour rate, including overhead and administrative charges, to be established by the director of public works, commensurate with the changes in salary and applicable fringe benefits and overhead expenses. (c) “Inspection” shall include all inspections provided for by law. (1983 CC, c 2, art 1, sec 2-5; am 2001, ord 01-108, sec 1.)2-5 Section 2-5.1. Hawaiian language; spelling. The County shall encourage the proper use and correct spelling of words or terms in the Hawaiian language in documents prepared by or for County agencies or officials, including the use of macrons and glottal stops. Any rule, order, policy, or other act, official or otherwise, that prohibits or discourages the use of these symbols shall be void. (1997, ord 97-159, sec 2.)2-5.1 2-2 A DMINISTRATION § 2-6 Article 2. Executive Branch. Section 2-6. Office of the mayor. The office of the mayor shall be composed of the mayor and the managing director. (1983 CC, c 2, art 2, sec 2-6; am 2001, ord 01-107, sec 1.)2-6 Section 2-7. Organization of executive branch. The executive branch of the County is organized into the following agencies/departments: (1) Agency and agency heads under direct supervision of the managing director: AGENCY AGENCY HEAD (A) Civil defense ............................................................... Civil defense administrator (B) Office of aging ............................................................. County executive on aging (C) Office of housing and community development ............... Housing administrator (D) Mass transit ............................................................... Mass transit administrator (E) Animal control and protection ……Animal control and protection administrator (F) Office of sustainability, climate, equity, and resilience ............................................Sustainability administrator (2) Departments and heads under direct supervision of the managing director: DEPARTMENT DEPARTMENT HEAD (A) Office of management .............................................................. Managing director (B) Corporation counsel ............................................................... Corporation counsel (C) Department of finance ............................................................. Director of finance (D) Planning department ................................................................. Planning director (E) Department of environmental management ........................................ Director of environmental management (F) Department of research and development ........................................... Director of research and development (G) Department of public works ........................................... Director of public works (H) Department of parks and recreation ..................... Parks and recreation director (I) Department of information technology ......... Director of information technology SUPP. 15 (1-2024) 2-3 § 2-7 H AWAI‘I C OUNTY C ODE (3) Departments and administrative heads under commissions and administrative supervision of the managing director: DEPARTMENT ADMINISTRATIVE HEAD (A) Department of human resources ............................. Director of human resources (B) Police department ........................................................................... Chief of police (C) Department of liquor control .................... Director, department of liquor control (D) Hawai‘i fire department .......................................................................... Fire chief (E) Department of water supply ............................................ Manager-chief engineer (1983 CC, c 2, art 2, sec 2-7; am 1989, ord 89-48, sec 1; am 2001, ord 01-106, sec 1; ord 01-108, sec 1; am 2002, ord 02-56, secs 1 and 2; am 2004, ord 04-58, sec 2; am 2009, ord 09-105, sec 2; am 2011, ord 11-103, sec 2; am 2023, ord 23-33, sec 2; ord 23-56, sec 1.)2-7 Section 2-8. Order of succession to office of mayor. In the event of civil, military or natural disaster, during the temporary absence or disability of the mayor, the managing director shall act as mayor. If the office of managing director is vacant, or during such periods as the managing director is unable to so act, the director of finance shall then act as mayor. If the office of director of finance is vacant, or during such periods as the director of finance is unable to so act, then the planning director, director of research and development, director of human resources, and director, department of liquor control, shall succeed to the office of mayor in the order specified herein. (1983 CC, c 2, art 2, sec 2-8; am 2009, ord 09-105, sec 3.)2-8 Article 3. Office of the Corporation Counsel. Section 2-9. Settlement of claims. The corporation counsel shall have the power to settle, compromise, or otherwise resolve any claim now existing or which may hereafter arise, not involving or requiring payment in excess of $10,000, provided the money to settle claims generally has been appropriated and is available; and provided further that a quarterly report of all settlements by the corporation counsel which require payment of County funds shall be filed with the council. Any settlement which requires payment of County funds in excess of $10,000 shall require council authorization. (1983 CC, c 2, art 3, sec 2-9; am 2013, ord 13-129, sec 2.)2-9 Section 2-10. Settlement of land acquisitions. The corporation counsel shall have the power to adjust, compromise, settle, or submit to arbitration, any land acquisition requests referred to him by other County agencies or eminent domain actions, causes of eminent domain actions in favor of or against the County, or in which the County is concerned as purchaser, seller, condemnor, or condemnee, now pending or which may hereafter arise, not involving or requiring payment in excess of $2,500, provided the money to settle any matter generally has been appropriated and is available; and provided further that a quarterly report of all settlements shall be filed with the council. (1983 CC, c 2, art 3, sec 2-10.)2-10 SUPP. 15 (1-2024) 2-4 A DMINISTRATION §2-10A Article 3A. Office of the Prosecuting Attorney. Section 2-10A. Appointment of personnel. There shall be an office of the prosecuting attorney as provided by Charter. The prosecuting attorney may appoint deputy prosecuting attorneys and necessary staff, including investigators. The investigators shall have all of the powers and privileges of a police officer for the County of Hawai‘i. The office of the prosecuting attorney shall adopt policies and standards for training and use of these powers consistent and in conformance with those adopted by the Hawai‘i County police department. All investigations relating to the discharge of a firearm by an investigator shall be conducted by the Hawai‘i County police department. All investigators must have the minimum qualifications for the class as established by the department of human resources. (1992, ord 92-105, sec 1; am 2009, ord 09-105, sec 4.)2-10A Article 4. Department of Finance. Section 2-11. Issuance of warrants. (a) Any person entitled to a warrant upon the County treasury may file a written order for the same with the director of finance authorizing the person named in the order to receipt the warrant. When so receipted, signed in the name of the claimant by the person named in the order so that both names appear upon the receipt, the director of finance may deliver the warrant to the person named in the order. (b) In like manner as provided in subsection (a), an order may be filed with the treasurer covering the presentation and payment of the warrants. The orders may cover all warrants issued or to be issued to the person signing the same during the year in which the order is dated but not later. The orders may be renewed from year to year. (c) With reference to warrants addressed under this part, the controller may, with the approval of the director of finance, issue checks drawn from, or make electronic funds transfers from, depositories of County treasury moneys in lieu of warrants drawn from the County treasury and may accept remittance by electronic funds transfer or credit or debit card pursuant to standards established by the director of finance. (1983 CC, c 2, art 4, sec 2-11; am 2003, ord 03-101, sec 1.)2-11 Section 2-12. Refund of permit fees. (a) The director of finance is authorized to grant the refund of permit fees according to and in compliance with the following provisions in any case not covered specifically by any other law or ordinance: 2-5 § 2-12 H AWAI‘I C OUNTY C ODE (1) Any person who has paid a fee established by the County for the issuance of any permit shall be entitled to a refund of that fee, provided that the person first submits a written request to the head of the issuing department or agency identifying the issue date, amount, and nature of the permit and the request is received by the head of the issuing department or agency within ninety days from the issue date of the permit. (2) The issuing department or agency shall record the date of receipt thereupon, and shall confirm or deny the information contained in the request pertaining to the issue date, amount and type of permit. If the applicant is entitled to a refund after the verification of the information contained in the request, and the request was received within ninety days from the issue date of the permit, the issuing department or agency shall prepare a request for payment and forward it to the director of finance for processing. (3) If the director of finance is satisfied that the request was received within the ninety day time limit specified in subsection (a)(1), the director of finance shall refund to the applicant the applicant’s permit fee less the greater of the amount of ten percent of the fee or $50. (b) No refund shall be granted for any fee of $50 or less. (c) Notwithstanding the ninety day time limitation for requests and the amount of refund, the director of finance may refund the full amount of a permit that was inadvertently issued in duplicate. (d) The director of finance may refund the full amount of any monies paid as security deposits, bid bonds and performance bonds after all stipulations of a contract have been completed. (1983 CC, c 2, art 4, sec 2-12; am 1994, ord 94-19, sec 2.)2-12 Section 2-12.1. Encumbrances. “Encumbrance” means an obligation to pay funds from an appropriation, or a legal claim against an appropriation. When a contract is certified as to availability of funds, the amount certified is encumbered as of the date of certification. An appropriation by the council of State, Federal or private funds which are legally restricted by the terms of the grant or agreement to specific purposes shall be considered encumbered until the purposes of the grant or agreement are accomplished or abandoned. (1991, ord 91-57, sec 1.)2-12.1 Section 2-12.2. Lien parity. (a) Payment on liens that are authorized by this code or by State statute and establish parity as to other liens shall be made as nearly as practical pro rata based on the respective unpaid amounts of all parity liens, including principal, penalty, interest, fees, and costs; provided that payments billed and collected separately with respect to any particular parity lien shall be applied separately to the unpaid amount of such parity lien. 2-6 A DMINISTRATION §2-12.2 (b) In the event of delinquencies, parity liens may be foreclosed together or in separate foreclosures and the amounts realized by foreclosure, together or separately, as applicable, shall be applied in the manner provided above for payments billed and collected together or separately. (c) Notwithstanding any provision of this code to the contrary, foreclosure of any parity lien or liens shall not extinguish or otherwise affect any parity lien or liens for amounts that are not satisfied by such foreclosure. (2008, ord 08-157, sec 2.)2-12.2 Section 2-12.3. Change orders and contract supplements; notification to the council. The director of finance shall notify the council of all change orders and contract supplements executed by the County no later than thirty days after authorization of the change order or contract supplement. Notification shall be provided by submitting a report to be placed on the council committee agenda designated to handle matters of finance. The report shall include the following: job number; contract number; project title; contract type; contracting agency, office, or department of the County; project manager; contractor or contractors; original contract amount; date the contract was awarded; number of change orders or contract supplements; total amount of the change order or contract supplement; percentage of increase or decrease; and the status of the project. (2011, ord 11-2, sec 2.)2-123 Section 2-12.4. Fund balance. (a) Definitions. “Unassigned fund balance” means the residual classification for the general fund and includes all amounts not contained in the other classifications, such as non- spendable, restricted, committed, and assigned fund balances. Unassigned amounts are technically available for any purpose. (b) If a governmental fund has a fund balance deficit, then it shall be reported as a negative amount in the unassigned classification in that fund. Positive unassigned amounts will be reported only in the general fund. (c) The director of finance shall provide the budgetary fund balance and the fund balance designated for a future year, as separate line items, in a written report to the council no later than October 15 for the preceding fiscal year. This report shall be presented to the committee designated to review financial matters as soon as practicable after its receipt. In the absence of council committees, the report shall be sent to the council in the same time frame. (d) The director of finance shall provide the Comprehensive Annual Financial Report (CAFR) containing the audited, unassigned fund balance to the council no later than December 31 for the preceding fiscal year. This report shall be presented to the committee designated to hear financial matters, or in the absence of council committees, the report shall be sent to the council as soon as practicable after its receipt. 2-7 § 2-12.4 H AWAI‘I C OUNTY C ODE (e) If a report may be late, the director of finance shall submit a written communication to the council with an explanation of the reason for being late before the deadlines in (c) and (d) above. The communication shall be placed on the agenda in the committee charged with financial issues or in the absence of council committees, the communication shall be sent to the council as soon as practicable. (2011, ord 11-37, sec 2.)2-12.4 Section 2-12.5. Temporary positions; notification to the council. (a) The director of human resources shall notify the council about any person employed under a contract for less than ninety days if: (1) The salary is $2,500 or more per month; and (2) The temporary position is unrelated to a state of emergency declaration. (b) A quarterly report shall be submitted and placed on the council committee agenda designated to handle matters of finance. The report shall contain the contractor’s name, the duration of the contract, the cost of the contract, and the service to be performed. (2017, ord 17-42, sec 1.) Section 2-12.6. Annual revenue report. (a) The director of finance shall submit to the council a revenue report on or before January 31 of each year. The revenue report shall cover the period of July 1 through June 30 of the previous fiscal year. The revenue report shall include information from every County agency or department that collects revenue in the form of fees, rates, or charges established by: (1) Administrative rule; (2) Ordinance; or (3) A County board or commission. (b) The revenue report shall include for each entry: account number; agency or department that administers the fee, rate, or charge; type of fee, rate, or charge; date and amount of the most recent adjustment to the fee, rate, or charge; brief description of the revenue; if the fee, rate, or charge is applied on an annual, monthly, or per use basis; and the total amount of revenue collected during the applicable fiscal year. (2019, ord 19-105, sec 1.) 2-12.6 Section 2-12.7. Fiscal impact statements. (a) “Fiscal impact statement” means a concise assessment of the immediate and potential future effects a proposed ordinance may have on revenues, expenditures, taxes, and fiscal liabilities. SUPP. 10 (7-2021) 2-8 A DMINISTRATION §2-12.7 (b) A fiscal impact statement for a proposed ordinance that affects the revenues, expenditures, taxes, and fiscal liabilities of the County may be initiated by the director of finance at any time, or upon a council member’s written request submitted to the director of finance no later than 4:30 p.m. on the date of the first required council reading of the proposed ordinance. The director of finance shall submit the fiscal impact statement to the council no later than noon on the business day prior to the second required council reading. Nothing in this section shall be construed to limit the ability of the council to act on a proposed ordinance in the absence of a requested fiscal impact statement. (c) This section shall not apply to any proposed ordinance to amend the Hawai‘i County Charter or to establish the operating budget or capital budget for the following fiscal year. (2021, ord 20-79, sec 1.) 2-12.7 Article 5. Fire Department. Section 2-13. Fire chief; appointment; qualifications. The fire chief shall be appointed by the fire commission and may be removed by the fire commission at its sole discretion. Any motion for removal of the fire chief must contain a statement of reasons, and the fire chief must be allowed to respond to the statement of reasons before being removed. The fire chief shall have a minimum of five years of training and experience in fire control, including at least three years of experience in a responsible administrative capacity. (1983 CC, c 2, art 5, sec 2-13; am 2001, ord 01-109, sec 1.)2-13 Section 2-14. \[Former\] Repealed. (1983 CC, c 2, art 5, sec 2-14.) Section 2-14. Powers, duties and functions. The fire chief shall: (1) Perform firefighting and emergency services in order to save lives and property from fires and from emergencies arising on land, or the sea and hazardous terrain; (2) Train, equip, maintain and supervise a force of firefighting and emergency services personnel; (3) Monitor the construction and occupancy standards of buildings for the purposes of fire prevention and life safety; (4) Provide educational programs related to fire prevention and life safety; (5) Appoint the deputy fire chief and the private secretaries to the fire chief and the deputy fire chief; (6) Appoint members of the department under established personnel rules and regulations, and statutes; and (7) Have such other powers, duties and functions as may be required by ordinance. (2001, ord 01-109, sec 1.)2-14 SUPP. 10 (7-2021) 2-8.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 2 (7-2017) 2-8.2 A DMINISTRATION § 2-15 Section 2-15. Fire commission. * There shall be a fire commission, which shall consist of nine members. One member shall be a resident of each council district. The commission may appoint such staff and engage such consultants as necessary for the performance of its duties. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4, Hawai‘i County Charter 2000. (2001, ord 01-109, sec 2.)2-15 * Editor’s Note: Section 2-15, formerly entitled “Duties,” was renumbered section 2-14 and renamed “Powers, Duties and Functions” by Ordinance 01-109. Section number 2-15 was assigned to a new section named, “Fire commission”. Section 2-15.1. Powers, duties and functions. The fire commission shall: (1) Adopt rules necessary for the conduct of its business and review rules for the administration of the department; (2) Review the annual budget prepared by the fire chief and make recommendations thereon to the mayor, the managing director and the council; (3) Review the department’s operations as deemed necessary, for the purposes of recommending improvements to the fire chief; (4) Evaluate at least annually the performance of the fire chief and submit a report to the mayor, the managing director and the council; (5) Review personnel actions within the department for conformance with the policies under section 7-4.2, Hawai‘i County Charter; (6) Hear complaints of citizens concerning the department or its personnel and, if necessary, make recommendations to the fire chief on appropriate corrective actions; and (7) Submit an annual report to the mayor, managing director and the council on its activities. Except for purposes of inquiry or as otherwise provided in the Hawai‘i County Charter, neither the commission nor its members shall interfere in any way with the administrative affairs of the department. (2001, ord 01-109, sec 2; am 2011, ord 11-103, sec 3.)2-15.1 Article 6. Volunteer Fire Department. Section 2-16. Volunteer fire department created. There is created and established for and within the County a department to be known as the Hawai‘i volunteer fire department to train volunteers in the prevention of fires and to aid in the control of fires. The department shall have its principal office in the Hilo fire station. (1983 CC, c 2, art 6, sec 2-16.)2-16 2-9 § 2-16.1 H AWAI‘I C OUNTY C ODE Section 2-16.1. Volunteer fire stations. In accordance with provisions of section 46-13.1, Hawai‘i Revised Statutes, the following volunteer fire stations are established in the County of Hawai‘i to be sited and operated by the head of the volunteer fire department pursuant to powers granted under this article: (1) Pepe‘ekeo volunteer fire station. (2) (3) Volcano volunteer fire station. (4) Hawaiian Acres volunteer fire station. (5) Fern Forest volunteer fire station. (6) Fern Acres volunteer fire station. (7) Miloli‘i volunteer fire station. (8) Kona Paradise volunteer fire station. (9) Kona Village volunteer fire station. (10) (11) Four Seasons volunteer fire station. (12) Pa‘auilo volunteer fire station. (13) Waiki‘i volunteer fire station. (14) Hawaiian Beaches volunteer fire station. (15) Wa‘awa‘a volunteer fire station. (16) (17) Hawaiian Ocean View Estate volunteer fire station. (18) Discovery Harbor volunteer fire station. (19) e station. (20) North Kohala Coast volunteer fire station. (21) Waikoloa volunteer fire station. (22) (23) Paradise Park volunteer fire station. (24) Ainaloa volunteer fire station. (25) Pu‘uanahulu volunteer fire station. (2004, ord 04-22, sec 2; am 2005, ord 05-116, sec 1; ord 05-137, sec 1.)2-16.1 Section 2-17. Head of volunteer fire department. (a) The fire chief of the County fire department shall be the head of the volunteer fire department. The head of the volunteer fire department shall: (1) Be vested with the management and control of the affairs, personnel, and property of the department, subject to the general authority and control of the council; (2) With the consent and approval of the council, make expenditures of moneys appropriated by the council for the department; (3) Not contract any debt on behalf of the department, not dispose of any property belonging to the department without the consent of the council; 2-10 A DMINISTRATION § 2-17 (4) Make periodic reports to the council concerning the affairs and activities of the department; and (5) Perform and discharge such other duties as may be assigned to the head of the volunteer fire department by the council. (1983 CC, c 2, art 6, sec 2-17; am 2004, ord 04-22, sec 3.)2-17 Section 2-18. Appointment of other personnel. The council may provide for the appointment of other personnel as it deems necessary to carry out this article. All such appointees shall be paid monthly salaries as may be fixed in accordance with the provisions of the personnel classification laws. (1983 CC, c 2, art 6, sec 2-18.)2-18 Section 2-19. Volunteer personnel. The organization of the volunteer fire department shall be patterned as closely as is practicable after that of the fire department. The head of the volunteer fire department shall appoint, with the approval of the council, such volunteer personnel as the head of the volunteer fire department deems necessary to fill the membership of the department. The qualifications for membership shall be as prescribed by the rules and regulations governing the conduct of the department. These rules and regulations shall be formulated by the department head and presented to the council for its approval. (1983 CC, c 2, art 6, sec 2-19.)2-19 Section 2-20. Mileage reimbursements for volunteer fire personnel. All volunteer fire personnel residing in a district other than the district where a fire occurs and who are duly authorized to participate and aid in the control of that fire shall be reimbursed at such rates prescribed by, and subject to, the requirements set forth in section 2-101(b), for each mile actually and necessarily traveled, in the performance of their volunteer activities. (1983 CC, c 2, art 6, sec 2-20; am 1989, ord 89-28, sec 1; am 2006, ord 06-100, sec 2.)2-20 Section 2-21. Coordination of volunteer and regular fire departments. In the event of a fire occurring at any place within the County, the head of the volunteer fire department shall place the personnel of this department under the direction and control of the County fire department, which may utilize the service of the personnel of the volunteer fire department to the fullest extent to aid in bringing such fire under control and to perform such other duties as may be necessary to provide for the maximum safety of the inhabitants of the area threatened by such conflagration. (1983 CC, c 2, art 6, sec 2-21.)2-21 Section 2-22. Use of County fire-fighting equipment. The fire-fighting apparatus and facilities of the County fire department, necessary to carry out the purpose of this article shall be made available to the volunteer fire department when the chief engineer, County fire department, is satisfied that the efficiency of this department will not be seriously impaired. (1983 CC, c 2, art 6, sec 2-22.)2-22 2-11 § 2-23 H AWAI‘I C OUNTY C ODE Section 2-23. Benefits. All persons who are members of the volunteer fire department while engaged in the training and performance of volunteer fire fighting shall be entitled to benefits as provided by this article. (1983 CC, c 2, art 6, sec 2-23.)2-23 Section 2-24. Extent of coverage. In case of injury or death arising out of and in the performance of volunteer fire fighting or training, all persons included in section 2-23, shall be entitled to benefits as prescribed by chapter 386, Hawai‘i Revised Statutes. No person shall be excluded from receiving such benefits by reason of being an elected official, employer, or having an occupation which is excluded from coverage under chapter 386. (1983 CC, c 2, art 6, sec 2-24.)2-24 Section 2-25. Computation of wages. For the purposes of the benefits under this article, average weekly wages or earnings shall be computed from the usual employment or occupation of the person upon the basis set forth in section 386-51, Hawai‘i Revised Statutes, or upon the basis of earnings at the rate of $20 per week, whichever is most favorable to the claimant. (1983 CC, c 2, art 6, sec 2-25.)2-25 Section 2-26. Volunteers not members of volunteer fire department. (a) All persons not members of the volunteer fire department who volunteer their services at fires and whose services are accepted by authorized persons and whose injuries or death arise out of and in the performance of volunteer fire fighting shall be paid their reasonable hospital and medical expenses as authorized by section 386-171, Hawai‘i Revised Statutes, and funeral expenses not to exceed $300. (b) “Authorized persons” as used in this section means such persons in the County fire department or volunteer fire department who are supervising or directing the fire- fighting operations. (1983 CC, c 2, art 6, sec 2-26.)2-26 Article 7. Planning Department. Section 2-27. \[Former\] Repealed. (1983 CC, c 2, art 7, sec 2-27; rep 1995, ord 95-62, sec 1.) Section 2-27. Windward and leeward planning commissions. (a) There shall be a windward planning commission and a leeward planning commission, each made up of seven members as provided for by Charter. The windward and leeward planning commissions shall: (1) Perform such duties as are prescribed by the Charter. (2) Perform such other duties as are assigned to it by state law or this Code. 2-12 A DMINISTRATION § 2-27 (b) The windward planning commission shall administer, adjudicate and authorize payment from the Geothermal asset fund and claims made against the Geothermal asset fund, provided that no payments shall be made nor obligation incurred for any claim for which there are insufficient funds in the Geothermal asset fund to satisfy. No claim made pursuant to this subsection will be deemed a claim against the County nor will the payment of any claim be construed as an admission of fault by the County or its officers, employees or agents. (c) These commissions may incur expenses as are necessary to carry out these duties for which an appropriation has been made by the council. The planning director shall provide the windward and leeward planning commissions with such administrative support as is necessary. (1995, ord 95-62, sec 2; am 2009, ord 09-118, sec 2.)2-27 Section 2-28. Quorum; meetings. (a) The majority of the voting members of the windward planning commission shall constitute a quorum for the transaction of business and for the exercise of the powers and authority conferred upon this commission. All actions of the windward planning commission shall require the affirmative vote of a majority of its members. (b) The majority of the voting members of the leeward planning commission shall constitute a quorum for the transaction of business and for the exercise of the powers and authority conferred upon this commission. All actions of the leeward planning commission shall require the affirmative vote of a majority of its members. (c) For those matters requiring a joint meeting of the windward and leeward planning commissions, as provided for in the Charter, a majority of each commission’s voting members shall constitute a quorum. All actions of a joint meeting of these commissions shall require the affirmative vote of a majority of their combined membership. (d) The windward and leeward planning commissions shall each hold at least one meeting in each month. (e) Pursuant to the Charter, a uniform body of rules of practice and procedure, except for meeting places and times, shall be adopted by a majority vote of the combined membership of the windward planning commission and leeward planning commission, meeting jointly. Any rule adopted for the transaction of business shall be consistent with the laws of the State and the ordinances of the County. (1983 CC, c 2, art 7, sec 2-28; am 2009, ord 09-118, sec 3.)2-28 2-13 § 2-28.1 H AWAI‘I C OUNTY C ODE Section 2-28.1. Community development plan. Within sixty days after receipt of the planning director’s recommendation on a draft community development plan or any amendment thereof, either the windward or leeward planning commission, or both meeting as a joint commission as provided for in the Charter, shall transmit the draft community development plan or any amendment with its recommendation through the mayor to the County council. The designated commission, or joint commission, shall recommend approval in whole or in part, with or without modifications, or rejection of the community development plan or any amendment. In the event the designated planning commission, or joint commission, fails to act on the community development plan or amendment within the sixty-day period, such inaction shall be considered as an unfavorable recommendation by that commission, and the community development plan or amendment shall then be submitted through the mayor to the County council with such recommendation. (2008, ord 08-71, sec 2; am 2009, ord 09-118, sec 4.) 2-28.1 Section 2-29. Records of findings required; location of office. (a) The windward and leeward planning commissions shall keep public records of their findings and determinations, whether acting independently or jointly. (b) The office of the windward and leeward planning commissions shall be in the planning department, or such other place designated by a consensus of both commissions determined by an affirmative vote of a majority of the combined membership, with the approval of the council. Any such vote shall occur only during a joint meeting of both commissions. (1983 CC, c 2, art 7, sec 2-29; am 2009, ord 09-118, sec 5.)2-29 Section 2-30. Publication of notice. Whenever published notice of either a windward or leeward planning commission meeting is required, it shall be provided in accordance with state law. This section shall also apply to any joint meeting of the windward and leeward planning commissions. (1983 CC, c 2, art 7, sec 2-30; am 1995, ord 95-62, sec 3; am 2009, ord 09-118, sec 6.)2-30 Section 2-31. General plan; contents; location. (a) The general plan shall include a map of the County and shall contain a statement of: (1) Development objectives, standards and principles with respect to the most desirable use of land within the County for residential, recreational, agricultural, commercial, industrial, and other purposes; (2) The most desirable density of population in the several parts of the County; a system of principal thoroughfares, highways, streets, and other public open spaces; the general location, relocation, and improvement of public buildings; (3) The general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewers, light, power, transit, and other purposes; (4) The extent and location of public housing projects; 2-14 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 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 2-16 A DMINISTRATION § 2-37 Section 2-37. Sustainability Action Committee. (a) There shall be designated within the department of research and development a sustainability action committee, which shall sit in an advisory capacity to the director of the department on matters that support a sustainable economy, society and environment and are within the department’s purview to include energy, business development, agriculture, tourism, film, community development, climate change, and other related subjects. The department shall provide support service to the committee. (b) Membership and term. The committee shall be composed of five members, who shall be appointed by the mayor and confirmed by the council. Any member of the committee may be removed upon recommendation of the mayor and the approval of the council. Members shall serve a term of five years. However, for the initial appointment of members, one member shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. In addition to the five members, the director or the director’s designee will serve as an ex-officio member of the committee. (c) The members shall be broadly representative of the County and shall be selected on the basis of their knowledge, expertise, proven innovative and technical skills and ability to network and source cutting edge technologies, with interests in one or more of the following areas: agriculture, business, energy, tourism, community, economics, planning, architectural design, community facilitation, environmental science, and Hawaiian culture. (d) No member shall be eligible for a second appointment to the committee prior to the expiration of two years, provided that members appointed for a term of one year or two years shall be eligible to succeed themselves for an additional term. (e) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (f) Any vacancy occurring in the committee shall be filled for the unexpired term. (g) Not more than a bare majority of the members shall belong to the same political party. (h) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses maybe paid in advance as per diem allowance pursuant to chapter 2, article 16 of the Hawai‘i County Code. (i) A chairperson shall be elected from its membership annually. (j) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (k) The committee shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the committee is entitled. SUPP. 8 (7-2020) 2-17 § 2-37 H AWAI‘I C OUNTY C ODE (l) No person shall, by reason of occupation alone, be barred from serving as a member of this committee. (m) The council shall act to confirm or reject any appointment made to the committee by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (2007, ord 07-161, sec 1; am 2020, ord 20-26, secs 1 and 2.) 2-37 Section 2-37.1. Duties of the committee. (a) The sustainability action committee shall make recommendations and support the department’s integration of planning and implementation of sustainable principles in its work with communities, businesses and other agencies. (b) The sustainability action committee shall support and make recommendations to: (1) Raise awareness of what the term sustainability represents and the guiding principles of sustainability; (2) Conduct environmental scans to assess current conditions as they relate to the guiding principles of sustainability; (3) Identify a vision for sustainability and recommend solutions; and (4) Support the development of sustainability actions plans. (c) The sustainability action committee shall support, monitor and comment on the department’s efforts to effectuate sustainable planning, policies, programs, projects and operations. (2007, ord 07-161, sec 1.) 2-37.1 Section 2-37.2. Guidelines for committee recommendations. (a) The sustainability action committee shall apply guiding principles of sustainability as a framework for identification of issues, research and innovative actions. These principles shall include: (1) Reduced dependence upon fossil fuels, extracted underground metals and minerals; (2) Reduced dependence on chemicals and other manufactured substances that can accumulate in nature; (3) Reduced dependence on activities that harm life-sustaining ecosystems; and (4) Meeting the hierarchy of human needs fairly and efficiently. (b) The sustainability action committee shall employ a “systems approach” to identify upstream root causes and outcomes and shall recommend appropriate research, planning and implementation initiatives; outcome measures and indicators; engagements and partnerships as may be necessary to guide the department to innovative and successful sustainable models that effectuate the purpose of this article. SUPP. 8 (7-2020) 2-18 A DMINISTRATION §2-37.2 (c) The sustainability action committee shall consider the recommendations provided in the general plan, community development plan ordinances, community visioning processes and other agencies’ planning documents. Additionally, the committee shall seek innovative solutions, programs and initiatives based upon sustainable precepts of native Hawaiian culture and other local, national and international resources to advance the purpose of this article and seek the necessary technical and other support required for implementation by the department, other agencies and the community. The committee shall encourage and participate in the internal and external network opportunities at the local, state, national and international levels. (2007, ord 07-161, sec 1.) 2-37.2 *Editor’s Note: Article 8 was repealed in its entirety and replaced by Ordinance 07-161. Article 9. Department of Public Works. Division 1. Organization. Section 2-38. Director of public works as department head. There shall be a department of public works headed by a director of public works. (1983 CC, c 2, art 9, sec 2-38; am 2001, ord 01-108, sec 1.)2-38 Section 2-39. Duties of director of public works. The director of public works shall be charged with the supervision, direction, and control of: (1) The construction, repair, maintenance, and operation of all County buildings, structures, and grounds, not otherwise delegated to any other department of the County; (2) The administration and enforcement of the County construction code that includes collectively: the construction administrative code; the building code; the electrical code; the energy conservation code; and the plumbing code, as well as all ordinances and statutes related to the responsibilities assigned to the department of public works; and (3) The administration, control, and operation of all divisions and bureaus of the department of public works and the appointment, transfer, promotion, demotion, or dismissal of all necessary personnel. (1983 CC, c 2, art 9, sec 2-39; am 2001, ord 01-108, sec 1; am 2020, ord 20-61, sec 7.)2-39 Section 2-40. Duties and functions of department. The department shall be responsible for: (1) The performance of all matters relating to engineering; (2) Public and private building construction and inspection; (3) Public improvements; (4) Construction, inspection, and maintenance of public highways, bridges, streets, and sidewalks; (5) Acquisition of public and private property for public purposes; SUPP. 9 (1-2021) 2-19 § 2-40 H AWAI‘I C OUNTY C ODE (6) Design and maintenance of a system of traffic control and devices; (7) Floodplain management; and (8) Construction and inspection of all other County projects, except for matters relating to the department of water supply. (1983 CC, c 2, art 9, sec 2-40; am 2002, ord 02-56, sec 3; am 2018, ord 18-25, sec 2.)2-40 Section 2-41. Divisions within department. The department of public works shall be divided under the director into the following divisions: (1) Engineering Division. The engineering division is responsible for coordinating the planning, engineering, and implementation of the highway and drainage capital improvement projects, coordinating all land surveying, conducting necessary land rights acquisition, and providing construction inspectional services. (2) Traffic Division. The traffic division determines the location, installs, maintains, and repairs all traffic control facilities and devices and street lighting systems; is responsible for all traffic engineering in the County; maintains a traffic education program; and is responsible for the installation, maintenance, and repair of on- and off-street parking meters. (3) Building Division. The building division is responsible for public building construction and inspection; plans, specifications and applications for private building and construction; plumbing, electrical and building permits; and the enforcement of all County ordinances related to building, construction and inspection. (4) Highway Maintenance Division. The highway maintenance division shall be responsible for the construction and maintenance of all roads, streets, highways, footpaths, storm drains, bridges, flood channels, and certain cemeteries. (5) Automotive Division. The automotive division shall: (A) Be responsible for the repair and maintenance of all garage, shop, and automotive equipment of the County, except such equipment as may be more practically maintained by the department having control thereof as determined by the director of public works; (B) Furnish parts, accessories, gasoline, lubricants, and tires necessary for the repair for automobiles, trucks, shovels, cranes, graders, sweepers, compressors, and other such machinery or equipment; and (C) Be authorized to bill any department, agency, or special fund for supplies, services, and use of equipment. (1983 CC, c 2, art 9, sec 2-41; am 1983, ord 83-26, sec 1; am 1985, ord 85-54, sec 2; am 1986, ord 86-119, sec 2; am 1988, ord 88-7, sec 2; am 2001, ord 01-108, sec 1; ord 01-110, sec 1.)2-41 Division 2. Repealed. (1983 CC, c 2, art 9, div 2; rep 1983, ord 83-26, sec 2.) SUPP. 4 (7-2018) 2-20 A DMINISTRATION § 2-51 Article 10. Junior Police Officers. Section 2-51. Financial aid to parents. Upon the contingencies and conditions under this section the parents, or the parent, guardian or custodian of any member of the junior police of the County, shall be entitled to financial aid in the manner specified: (1) In the event that a member of the junior police officers of the County receives any injury arising out of and in the course of the performance of the member of the junior police officer’s duties as a junior police officer directing traffic in the County, including but not limited to the preparation to go on duty such as changing into uniform or procuring necessary equipment, as well as returning such equipment, the County shall pay for the cost of necessary medical care and hospitalization of any such member of the junior police officers of the County so injured, but in any case not to exceed the sum of $10,000. (2) In the event that a member of the junior police officers of the County receives any injury resulting in death arising out of and in the course of the performance of the member of the junior police officer’s duties as a junior police officer directing traffic in the County, including but not limited to the preparation to go on duty, changing into uniform or procuring necessary equipment, as well as returning such equipment, the County shall pay for the member of the junior police officer’s funeral expenses, but in any case not to exceed the sum of $750. (1983 CC, c 2, art 10, sec 2-51.)2-51 Section 2-52. Reporting of injury; investigation. Every injury shall be reported immediately or as soon thereafter as practicable by the injured junior police officer (hereinafter JPO) or the JPO in charge or the parents or guardian of the injured JPO or the school authorities in charge of the JPO and to the police department. The police department shall conduct an investigation and submit a report of the circumstances surrounding the injury or death and the resulting claims to the mayor. Where the services of a County physician are available, the County physician’s services shall be utilized. (1983 CC, c 2, art 10, sec 2-52.)2-52 2-21 § 2-53 H AWAI‘I C OUNTY C ODE Article 11. Department of Parks and Recreation. Section 2-53. Powers and authority. The department of parks and recreation shall be responsible for all public parks, recreational facilities and playgrounds in the County, owned by the County or in its possession or control, together with all equipment, supplies, and paraphernalia used in connection with them. The department shall care for the recreational needs in the County and provide such organized and supervised games and recreation as may be conducive to the mental, physical and moral development of the people of the County. Wherever and whenever feasible, the department shall use public school property and buildings by agreement with the State department of education to the extent that such property and buildings may be adaptable and available for use in County recreational programs and purposes. (1983 CC, c 2, art 11, sec 2-53.)2-53 Section 2-54. Powers and duties of director. The director of parks and recreation shall have and enjoy all the powers and duties conferred upon the department by ordinance. (1983 CC, c 2, art 11, sec 2-54.)2-54 Section 2-55. Deputy director. The deputy director of the department of parks and recreation shall be appointed by the director and may be removed by the director. (1983 CC, c 2, art 11, sec 2-55.)2-55 Section 2-56. Full-time employees. The director shall employ such full-time employees including professional, clerical, and others, subject to the availability of appropriated funds, as may be necessary to carry out the provisions of this article. Full-time employees of the department shall be employed in accordance with the civil service and personnel compensation laws. (1983 CC, c 2, art 11, sec 2-56.)2-56 Section 2-57. Part-time and temporary employees. The director is empowered to appoint, promote, demote, and terminate the employment and fix the salaries and wages of such part-time or temporary personnel as are necessary to carry out the purposes of this article. (1983 CC, c 2, art 11, sec 2-57.)2-57 Section 2-58. Cooperation with other agencies and organizations. The department of parks and recreation, in the planning, development, and conduct of its program of public recreation and in scheduling the use of publicly owned lands or buildings for the conduct of its programs, shall cooperate to the fullest extent possible with all other duly recognized and generally accepted agencies, groups and organizations who may desire to use the lands or buildings. (1983 CC, c 2, art 11, sec 2-58.)2-58 2-22 A DMINISTRATION § 2-59 Section 2-59. Authority to levy charges and fees. The department of parks and recreation may charge and collect reasonable fees and charges for the use of parks and recreational grounds, facilities, and equipment, and for special licenses, permits, concessions, and admissions in accordance with duly promulgated rules and regulations. (a) Refunds. (1) Fees, Charges, and Permits. The department of parks and recreation may refund fees and charges charged and collected in advance of the time of use provided that: (A) The department receives request for refund not less than one working day before the time of such use. (B) The request for refund is in writing accompanied by the appropriate license, permit or other document issued by the department of parks and recreation authorizing such use. (C) The amount to be refunded exceeds $2. (D) The department of parks and recreation may, by contract, require more stringent provisions for refunds than are contained in this section. (2) Deposits. The department of parks and recreation may refund surety, performance, security, clean up, and any other deposits imposed to assure compliance with State or Federal law, the County Charter, County Code or County rules and regulations provided that: (A) The activity is conducted in compliance with provisions of the agreement, permit or contract. (B) The facility or equipment is left or returned in a condition substantially equal to that existing prior to the use. (C) The deposit or portions thereof may be retained by the department of parks and recreation to cover the cost of repairing or restoring the facility or equipment damaged or despoiled as a result of the activity for which the deposit was imposed. (b) Notwithstanding any other provisions in this section, the department of parks and recreation may refund fees, charges and deposits charged and collected in advance of the time of use where there is no use made of the parks, recreational grounds, facilities, or equipment because the park, recreational grounds, facilities, or equipment were unavailable under circumstances beyond the control of the person who paid such fees, charges or deposits. Requests for refund under this provision must be made in writing within ten working days of the date that the use was to have occurred. (1983 CC, c 2, art 11, sec 2-59.)2-59 2-23 § 2-60 H AWAI‘I C OUNTY C ODE Section 2-60. Power to adopt rules and regulations; penalty. (a) The director is authorized to adopt reasonable rules and regulations as the director deems necessary for the conduct of the department’s business as authorized and prescribed, including rules and regulations for fees and charges, special licenses, permits, concessions, and admissions for the use of parks and recreational grounds, facilities and equipment, and for the conduct of all persons while on or using parks and recreational grounds. All rules and regulations shall be promulgated in accordance with the Administrative Procedures Act, chapter 91, Hawai‘i Revised Statutes, and section 13-7, Hawai‘i County Charter and shall have the force and effect of law. (b) Any person who violates any rule or regulation promulgated under authority of this section shall, upon conviction, be fined not more than the sum of $250. Prosecution in such case shall be as provided by law for the prosecution of misdemeanors. (1983 CC, c 2, art 11, sec 2-60.)2-60 Article 12. Central Coordinating Agency. Section 2-61. Designation of agency. Pursuant to section 46-18, Hawai‘i Revised Statutes, the planning department is hereby designated the central coordinating agency for the County. (1983 CC, c 2, art 12, sec 2-61.)2-61 Section 2-62. Duties. The central coordinating agency shall: (1) Maintain and continuously update a repository of all laws, rules and regulations, procedures, permit requirements, and review criteria of all Federal, State, and County agencies having control or regulatory powers over land development projects within the County and shall make said repository and knowledgeable personnel available to inform any person requesting information as to the applicability of the same to a particular proposed project within the County. (2) Study the feasibility and advisability of utilizing a master application form to concurrently file applications for an amendment to a general plan, change in zoning, special management area permit, and other permits and procedures required for land development projects in the County to the extent practicable with one master application. (3) Maintain and continuously update a master file for the County of all applications for building permits, subdivision maps, and land use designations of the State and County. (4) When requested by the applicant, the central coordinating agency shall endeavor to schedule and coordinate, to the extent practicable, any referrals, public informational meetings, or any public hearings with those held by other Federal, State and/or County commissions or agencies pursuant to existing laws pertaining to the County. (1983 CC, c 2, art 12, sec 2-62.)2-62 2-24 A DMINISTRATION § 2-63 Section 2-63. Adoption of rules. The central coordinating agency shall adopt necessary rules pursuant to chapters 46 and 91, Hawai‘i Revised Statutes, by December 31, 1977. (1983 CC, c 2, art 12, sec 2-63.)2-63 Section 2-64. Cooperation with other agencies. (a) All State and County departments, divisions, agencies, and commissions with control or regulatory powers over land development projects within the County shall cooperate with the central coordinating agency in making available and updating information regarding laws, rules and regulations, procedures, permit requirements, and review criteria they enforce upon land development projects. (b) The term “agency” shall have the same meaning as it does in chapter 91, Hawai‘i Revised Statutes. (1983 CC, c 2, art 12, sec 2-64.)2-64 Section 2-65. Appeals. Appeals from actions by the director of planning in the administration of the rules and regulations adopted pursuant hereto shall be appealable to the planning board of appeals. An appeal shall be sustained only if the planning board of appeals finds that the director’s action was based on an erroneous finding of material fact, or that the director had acted in an arbitrary or capricious manner, or had manifestly abused the director’s discretion. (1983 CC, c 2, art 12, sec 2-65)2-65 Article 13. Housing Administration. Division 1. Hawai‘i County Housing Agency. Section 2-66. Created; scope of authority. (a) An agency to be known as the Hawai‘i County housing agency (hereinafter “housing agency”) is created to provide adequate housing in the County as it deems necessary. (b) The housing agency shall consist of all of the members of the council. When the council acts as the housing agency, its role is limited to public housing policy formulation and is not charged with the duties of administering housing programs. (c) The housing agency may apply for rental payment assistance funds from private, state, or federal sources. (1983 CC, c 2, art 13, sec 2-66; am 2014, ord 14-8, sec 1.)2-66 Section 2-67. Purpose of the housing agency. The purpose of the housing agency is to make housing available in those areas of the County where the housing agency finds that adequate housing accommodations are not available. (1983 CC, c 2, art 13, sec 2-67; am 2014, ord 14-8, sec 1.)2-67 2-25 § 2-68 H AWAI‘I C OUNTY C ODE Section 2-68. Powers of the housing agency. The housing agency shall have the following powers subject to applicable limitations of State law: (1) Obtain loans, insurance and guarantees from the State or the United States, or subsidies from either as applicable; and (2) Enter into agreements, as applicable, with appropriate officials of any agency or instrumentality of the United States in order to induce such official to make, insure, or guarantee mortgage loans under the provisions of the National Housing Act, as amended. (1983 CC, c 2, art 13, sec 2-68; am 2014, ord 14-8, sec 1.)2-68 Division 2. Office of Housing and Community Development. Section 2-69. Housing administrator created; office of housing and community development established. (a) There shall be a housing administrator who shall be appointed by the mayor and may be removed by the mayor. (b) The office of housing and community development shall consist of the housing administrator and necessary staff. The housing administrator shall oversee and supervise the operations of the office of housing and community development. (1983 CC, c 2, art 13, sec 2-69; am 2014, ord 14-8, sec 1.)2-69 Section 2-70. Powers of housing administrator. In order to carry out the purposes of this article, the housing administrator may: (1) Develop and construct dwelling units, alone or in partnership with developers; (2) Provide assistance and aid to a public agency or person in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available; (3) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low income; (4) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property; (5) Sell or lease completed dwelling units; (6) Assist in the leasing of private and public dwellings; (7) Acquire and utilize public and private lands for the purposes of this article; (8) Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of Federal assistance for persons of low income; (9) Prepare documents for the housing agency to apply for and utilize private, Federal, and State rental payment assistance funds; 2-26 A DMINISTRATION § 2-70 (10) Provide County funds for rental payment assistance for private and public dwellings; and (11) Adopt such rules pursuant to chapter 91, Hawai‘i Revised Statutes, as are necessary to carry out the purposes of this article. (1983 CC, c 2, art 13, sec 2-70; am 2014, ord 14-8, sec 1.)2-70 Section 2-71. Duties of housing administrator. (a) The housing administrator shall have direct responsibility for the administration and operation of the County housing programs and shall be under the direct supervision and control of the mayor. The housing administrator shall have the authority and responsibility to staff the office of housing and community development with necessary personnel to carry out the purposes of this article. It shall be the duty of the housing administrator to coordinate operations and programs of the office of housing and community development with the applicable housing plans and programs of the State and Federal governments. (b) All programs and contracts with the Federal government to carry out the purposes of this article shall be prepared by the housing administrator and transmitted to the council for approval. (c) The housing administrator shall provide clerical support for meetings of the housing agency. (1983 CC, c 2, art 13, sec 2-71; am 2014, ord 14-8, sec 1.)2-71 Division 3. Funds and Contracts. Section 2-72. Federal funds. If, in exercising any of its powers, the housing agency or office of housing and community development acquires funds from the Federal government, a separate account for such funds shall be established and no commingling of such funds with other funds shall take place. (1983 CC, c 2, art 13, sec 2-72; am 2014, ord 14-8, sec 1.)2-72 Section 2-73. Signing of contracts. All instruments and documents relating to the housing programs of the County shall be signed by the mayor as authorized by the Charter. Any and all contracts with the United States department of housing and urban development shall be submitted to the housing agency for its approval and any such contract shall be executed by the mayor as authorized by the Charter. (1983 CC, c 2, art 13, sec 2-73; am 2014, ord 14-8, sec 1.)2-73 Section 2-74. Revolving fund created. There is established a special revolving fund entitled the County housing program revolving fund to be maintained by the director of finance. (1983 CC, c 2, art 13, sec 2-74.)2-74 2-27 § 2-75 H AWAI‘I C OUNTY C ODE Section 2-75. Use of the County housing program revolving fund. (a) The County housing program revolving fund shall be utilized for the following: (1) Planning, design, and development of affordable housing units either by the County or by non-profit housing development partners; (2) Exercising the buy-back option running in favor of the County contained in any conveyance document and to pay the costs of maintaining, repairing, renting, or reselling units purchased by the County pursuant thereto; (3) Acquisition of vacant land for use as affordable housing, that may be developed by the County or with non-profit partners; (4) Acquisition of existing structures for use as affordable housing; (5) Rehabilitation of existing structures currently in use as affordable housing or acquired by the County to use for affordable housing; (6) Infrastructure to support affordable housing development; (7) Subsidies, grants, and loans to support very low-income, lower-income, and moderate-income households with upfront costs for rental units or mortgage financing; (8) Subsidies, grants, and loans to support very low-income, lower-income, and moderate-income households with rental assistance or mortgage payments to prevent houselessness or foreclosure; or (9) Purchasing of deed restrictions on private properties limiting resale to qualified buyers at resale values for lower-income and moderate-income households in perpetuity as established by the office of housing and community development administrative rules. (b) Any interest earned by the fund and any advanced costs that are recovered from housing project funds shall be returned to the revolving fund. (c) Whenever used in this section, unless the context otherwise requires; “Lower-income household” means households with incomes from 50% to 80% of the area median income. “Moderate-income household” means households with incomes from 80% to 120% of the area median income. “Very low-income household” means households with incomes from 0% to 50% of the area median income. (1983 CC, c 2, art 13, sec 2-75; am 1993, ord 93-33, sec 1; am 2014, ord 14-68, sec 2; am 2022, ord 22-80, sec 1.)2-75 SUPP. 13 (1-2023) 2-28 A DMINISTRATION §2-75.1 Section 2-75.1. Housing special funds. (a) There are created and established housing special funds to be known as the: (1) Kula‘imano Elderly Rental Housing Special Fund. (2) (b) All income generated from each rental housing project shall be deposited into its respective housing special fund to be expended by the housing administrator solely for the operation, maintenance and improvement of that particular rental housing project. (c) The housing administrator shall be responsible for the administration of all housing special funds in accordance with prescribed laws and procedures applicable to the expenditure of County funds. (1995, ord 95-149, sec 1.)2-75.1 Article 14. Mass Transit Agency. Section 2-76. Creation. For the purpose of providing mass transit service in the County whether directly, jointly, or under contract with private parties, an agency to be known as the mass transit agency is created in order to implement chapter 51, Hawai‘i Revised Statutes. (1983 CC, c 2, art 14, sec 2-76; am 2004, ord 04-58, sec 3.)2-76 Section 2-77. Mass transit administrator created. There shall be a mass transit administrator. The position of mass transit administrator shall be in the civil service and shall be filled through civil service recruitment procedures based on merit. (1983 CC, c 2, art 14, sec 2-77; am 2004, ord 04-58, sec 3.)2-77 Section 2-78. Duties of mass transit administrator. The mass transit administrator shall have direct responsibility for the administration and operation of County mass transit service, whether such service is provided directly, jointly, or under contract with private parties. The mass transit administrator shall be under the direct supervision and control of the managing director and shall have the authority to staff the agency with necessary personnel to carry out the purposes of the agency. (1983 CC, c 2, art 14, sec 2-78; am 2004, ord 04-58, sec 3.)2-78 SUPP. 13 (1-2023) 2-28.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 13 (1-2023) 2-28.2 A DMINISTRATION §2-78.1 Section 2-78.1. Authority to adopt rules and regulations. The agency is authorized to adopt reasonable rules and regulations as the agency deems necessary for the administration of the conduct of the agency’s business, including rules and regulations for fees and charges for permits for interior advertisements on buses. Rules shall be promulgated pursuant to Chapter 91, Hawai‘i Revised Statutes, as amended. (2007, ord 07-85, sec 1.)2-78.1 Article 15. Code of Ethics. Section 2-79. Purpose. The purposes of this article are to: (1) Prescribe standards of conduct for the guidance of County officers and employees; (2) Prohibit certain conduct involving County officers and employees; and (3) Set forth the procedure for the interpretation of ethics problems of County officers and employees. (1983 CC, c 2, art 15, sec 2-79.)2-79 Section 2-80. Interpretation of article. This article shall be liberally construed to promote high standards of ethical conduct in County government. (1983 CC, c 2, art 15, sec 2-80.)2-80 Section 2-80.1. Distribution of mass mailings prohibited during campaign. (a) Newsletters, brochures, legislative summaries, or other mass mailings of material designed to support a candidate’s nomination, including electioneering communications as defined in section 11-341, Hawai‘i Revised Statutes, shall not be circulated at public expense by: (1) An incumbent council member within six months prior to any County election, or after any member has filed nomination papers, whichever comes first; (2) Any current employee or official of the County within six months prior to any County election, or after filing nomination papers, whichever comes first; (3) The incumbent mayor within six months prior to an election which the mayor may be re-elected, or after the incumbent mayor has filed nomination papers, whichever comes first; or (4) The incumbent prosecuting attorney within six months prior to an election which the prosecuting attorney may be re-elected, or after the incumbent prosecuting attorney has filed nomination papers, whichever comes first. This excludes public funds received by candidates from the Hawai‘i election campaign fund, pursuant to section 11-421, Hawai‘i Revised Statutes. 2-29 § 2-81 H AWAI‘I C OUNTY C ODE (b) Any violation of this section constitutes use of government funds for campaign purposes, and shall be subject to any penalty, as authorized by law, including an administrative fine not to exceed $1,000, for each violation, as the board of ethics may determine. (2008, ord 08-49, sec 1; am 2012, ord 12-43, sec 1.)2-80.1 Section 2-81. Applicability. This article shall apply to every officer or employee of the County. For the purposes of this article, any person nominated for elected office or appointed but not confirmed as administrative head of any agency or as a member of any board or commission shall be considered an officer. (1983 CC, c 2, art 15, sec 2-81.)2-81 Section 2-82. Definitions. As used in this article: “Agency” means the County of Hawai‘i and any other governmental unit of the County. “Board” means the board of ethics. “Business” includes a corporation, a partnership, a sole proprietorship, a trust or foundation, or other individual organization carrying on a business, whether or not operated for profit. “Compensation” means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by oneself or another. “Controlling interest” means an interest in a business or other undertaking which is sufficient in fact to control, whether the interest be greater or less than fifty percent. “Employee” means any person, except an officer, employed by the County or any agency thereof but the term shall not include an independent contractor. “Financial interest” means an interest held by an individual, the individual’s spouse, or dependent children which is: (1) An ownership interest in a business. (2) A creditor interest in an insolvent business. (3) An employment, or prospective employment for which negotiations have begun. (4) An ownership interest in real or personal property. (5) A loan or other debtor interest. (6) A directorship or officership in a business. “Immediate family” means the employee’s or officer’s spouse, siblings, children, grandchildren, or parents. “Officer” includes the following: (1) The mayor, members of the council, and all other elected officials of the County; (2) Any person appointed as the administrative head of any agency of the County; (3) The first deputy or first assistant to the administrative head of any agency of the County; SUPP. 1 (1-2017) 2-30 A DMINISTRATION § 2-82 (4) Any person appointed as a member of a board or commission specifically provided for in the Charter, but not including boards and commissions having only advisory powers and functions; (5) Any person appointed as a member of any board or commission not specifically provided for in the Charter, but not including boards and commissions having only advisory powers and functions; (6) The managing director and deputy managing director. “Official act” or “official action” means a decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. “Official authority” includes administrative or legislative powers of decision, recommendation, approval, disapproval, or other discretionary action. (1983 CC, c 2, art 15, sec 2-82; am 2002, ord 02-109, sec 2; am 2007, ord 07-132, sec 1; am 2015, ord 15-103, secs 1 and 2.)2-82 Section 2-83. \[Former\] Repealed. (1983 CC, c 2, art 15, sec 2-83; rep 2002, ord 02-109, sec 3.) Section 2-83. Fair treatment. (a) Officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: (1) All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. (2) No person in a supervisory capacity shall engage in personal or business relationships with subordinates, which might intimidate said subordinates in the discharge of their official duties. (3) All persons shall be treated in a courteous, fair, and impartial manner. (b) No officer or employee shall use or attempt to use the officer’s or employee’s official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others, including but not limited to the following: (1) Seeking other employment or contract for services for oneself by the use or attempted use of the officer’s or employee’s office or position. (2) Accepting, receiving, or soliciting compensation or other consideration for the performance of the officer’s or employee’s official duties or responsibilities except as provided by law. (3) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the officer or employee inspects or supervises in the officer’s or employee’s official capacity. (4) Using County property, facilities, equipment, time, or personnel for private business, campaign purposes, or for any purpose other than for a public purpose. SUPP. 1 (1-2017) 2-31 § 2-83 H AWAI‘I C OUNTY C ODE (c) An officer or employee of the County, or a business in which an officer or employee or the officer or employee’s immediate family has a controlling interest, may contract for goods or services with any County agency provided that: (1) The nature of the relationship between the officer or employee and the County is provided in full disclosure to the agency seeking goods or services as part of the bid for a contract or response to a request for proposals; and (2) The officer or employee has obtained an opinion from the board that there is no conflict of interest resulting from the officer or employee’s position with the County. A board opinion shall continue to satisfy this requirement until a change occurs in the financial interest or role of the County officer, employee, or the officer or employee’s affected immediate family member, in the business or undertaking with which the contract is concerned. In the event an opinion by the board was not obtained in advance of submitting a bid, the officer or employee shall instead submit a copy of a letter or petition requesting review by the board. A contract shall be void if an officer or employee fails to comply with these disclosure requirements or if the board finds there is a conflict of interest or any preferential treatment involved. (d) Nothing herein shall be construed to prohibit an officer from introducing bills and resolutions, serving on committees or from making statements or taking action in the exercise of the officer’s legislative functions. Every officer shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the officer believes may be affected by legislative action. (2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 3.) 2-83 Section 2-84. \[Former\] Repealed. (1983 CC, c 2, art 15, sec 2-84; rep 1983, ord 83-7, sec 2.) Section 2-84. Conflicts of interests. (a) No officer or employee shall take any official action directly affecting: (1) A business or other undertaking in which that officer or employee has a substantial financial interest; (2) A private undertaking in which the officer or employee is engaged as legal counsel, advisor, consultant, or representative, or other agency capacity; or (3) A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a parent, an emancipated child, or a household member has a substantial financial interest, provided that the financial interests of these individuals shall not include those of any spouse or child. A department head who is unable to be disqualified on any matter described in items (1), (2), and (3) above will not be in violation of this subsection if the department head has complied with the disclosure requirements of section 2-91.1. SUPP. 1 (1-2017) 2-32 A DMINISTRATION § 2-85 A person whose position on a board, commission, or committee is mandated by statute, charter, code, or resolution to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or undertaking in which that person has a substantial financial interest; provided that the substantial financial interest is related to the member’s particular qualifications. (b) No officer or employee shall acquire financial interests in any business or other undertaking which that officer or employee has reason to believe may be directly involved in official action to be taken by the officer or employee. (c) No officer or employee shall represent private interests in any legal action or proceeding against the County or appear on behalf of private interests before any agency, except as otherwise provided by law; provided: (1) This prohibition shall not apply to a County employee or officer who is an architect, landscape architect, surveyor, or engineer registered as such under the provisions of chapter 464, Hawai‘i Revised Statutes, with respect to the affixing by such registered professional of such person’s registered stamp to any plans, specifications, drawings, etc., to be submitted to the County for permits for such person’s principal residence or that of members of such person’s immediate family; provided, that the stamp is accompanied by a signed statement that the work was prepared by the person stamping the document or under such person’s supervision; and provided further, that the registered professional may not, in the capacity of a County employee or officer, review, approve or otherwise act upon the plans, specifications, drawings, etc., such person has stamped; and (2) No officer or employee shall be denied the right to appear before any agency to petition for redress of grievances caused by any official act or action affecting such person’s personal rights, privileges, or property, including real property. (d) Notwithstanding any provision of this article to the contrary, a member of any board, commission, or committee may appear on behalf of private interests before agencies other than the board, commission, or committee on which such person serves. (2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 4.)Error! Reference source not found. Section 2-85. \[Former\] Repealed. (1983 CC, c 2, art 15, sec 2-85; rep 2002, ord 02-109, sec 3.) Section 2-85. Contracts. (a) A County agency may enter into a contract involving services or property or to procure or dispose of goods or services, or for construction, with an officer, an employee, or a business in which an officer or an employee or the officer or employee’s immediate family has a controlling interest, provided the provisions in section 2-83, subsection (c) have been met, and further provided: SUPP. 1 (1-2017) 2-33 § 2-85 H AWAI‘I C OUNTY C ODE (1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement code; or 2-34 A DMINISTRATION § 2-85 (2) The contract is awarded by competitive sealed proposal pursuant to the state public procurement code. Upon award of any such contract, the director of finance shall post notice of the award, which notice shall include the information provided pursuant to section 2-83, subsection (c). (b) A County agency shall not enter into a contract with any person or business which is represented by a person who was an employee of the agency within the preceding two years and who participated while in County office or employment in the matter with which the contract is directly concerned or who personally participated in a decision making capacity in similar matters before the agency. (2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 5.)2-85 Section 2-85.1. Contracts voidable. In addition to any other penalty provided by law, any contract entered into by the County in violation of this article is voidable on behalf of the County; provided that in any action to avoid a contract pursuant to this section the interests of third parties who may be damaged thereby shall be taken into account, and the action to void the transaction is initiated within sixty days after the determination of a violation under this article. The corporation counsel shall have the authority to enforce this provision. (2002, ord 02-109, sec 4.)2-85.1 SUPP. 1 (1-2017) 2-35 § 2-85.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 1 (1-2017) 2-33.1 § 2-86 H AWAI‘I C OUNTY C ODE Section 2-86. Informal advisory opinions. (a) Inquirer’s Conduct. Any County officer or employee may petition the board for an informal advisory opinion concerning their own conduct by writing to the board. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry shall, upon the request of the County officer or employee involved, be confidential, provided, the board determines that personal matters affecting the privacy of the County officer or employee are to be considered. Upon receipt of the petition, the board: (1) May investigate the matter on a confidential basis. The officer or employee involved shall comply with the informal advisory opinion issued by the board. (2) Through its chairman, shall notify the County officer or employee involved and shall request a statement indicating whether or not the officer or employee wishes a closed hearing. (b) Alleged Conduct of Someone Other than Inquirer. Any person or the board itself may petition the board for an informal advisory opinion on an alleged violation of the code of ethics by an officer or employee. The petition shall be filed within six years of the alleged violation. A petition shall be deemed to have been filed when it is received by the board or when a majority of the members to which the board is entitled sign the petition. Nothing herein shall bar proceedings against a person who, by fraud or other device, prevents the discovery of a violation of the code of ethics. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry shall, upon the request of the County officer or employee involved, be confidential, provided, the board determines that personal matters affecting the privacy of the County officer or employee are to be considered. Upon receipt of the petition, the board: (1) Through its chairman, shall notify the County officer or employee involved and shall request a statement indicating whether or not the officer or employee wishes a closed hearing. (2) Shall notify the officer or employee against whom a charge is received and afford the officer or employee an opportunity to explain the conduct alleged to be in violation of this article. The board may investigate, after compliance with this section, such charges and render an informal advisory opinion on the alleged conduct. The officer or employee involved shall comply with the informal advisory opinion issued by the board. (c) Any petition filed under this section shall be submitted in duplicate and shall contain: (1) The name, address and telephone number of the petitioner; (2) A statement of the nature of petitioner’s interest including reasons for the submission of the petition; (3) The specific provision of the code of ethics in question; (4) A complete statement of facts; (5) A statement of the position or contention of the petitioner; and 2-34 A DMINISTRATION § 2-86 (6) A memorandum of authorities, containing a full discussion of the reasons in support of such position or contention. Any petition which does not substantially comply with the foregoing requirements may be rejected. In addition, the board may, for good cause, reject any petition. (1983 CC, c 2, art 15, sec 2-86; am 1997, ord 97-29, sec 1.)2-86 Section 2-87. Formal opinions. (a) If the officer or employee fails to comply with the informal advisory opinion mentioned in section 2-86, the board may, in its discretion, institute proceedings for a formal opinion. It may institute such proceedings by serving a copy of the charge and a further statement of the alleged violation by certified mail upon the alleged violator. The officer or employee shall have twenty days after service thereof to respond in writing to the charge and statement. (b) The board shall set a time and place for a hearing, giving notice to the complainant and the alleged violator. All parties shall have an opportunity: (1) To be heard; (2) To subpoena witnesses and require the production of any books or papers relative to the proceedings; (3) To be represented by counsel; and (4) To have the right of cross-examination. (c) All witnesses shall testify under oath and the hearings shall be closed to the public upon the request of the County officer or employee involved, for closed hearing. The board shall not be bound by the strict rules of evidence but the board’s findings must be based upon competent and substantial evidence. All testimony and other evidence taken at the hearing shall be recorded. Copies of transcripts of such record shall be available only to the complainant and the alleged violator at their own expense, and the fees therefor shall be deposited in the County’s general fund. (d) Prior to any hearing, the board, through its chairman, shall notify the County officer or employee involved and shall request of the County officer or employee a statement indicating whether or not the County officer or employee wishes a closed hearing. (e) After the hearing the board shall issue a formal opinion on the alleged conduct which shall be given to the alleged violator. A decision of the board pertaining to the conduct of any officer or employee shall be in writing and signed by three or more of the members of the board. (1983 CC, c 2, art 15, sec 2-87.)2-87 Section 2-88. Disposition after issuance of formal opinion. (a) With respect to officers removable only by impeachment, if there is no compliance of a formal opinion issued against an officer removable only by impeachment, the board shall issue a complaint and refer the matter to the council. The complaint must contain a statement of the facts alleged to constitute the violation. If within thirty days after the referral the council has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the board shall make public the nature of the charges but it shall make clear that the merits of the charges have never been formally determined. 2-35 § 2-88 H AWAI‘I C OUNTY C ODE (b) With respect to employees and officers other than officers removable only by impeachment, if there is no compliance of a formal opinion against an employee and officer other than an officer removable only by impeachment, the board shall issue a complaint and refer the matter to the appointing authority having the power to discipline the employee. The complaint must contain a statement of the facts alleged to constitute the violation. Hearings shall be in accordance with chapter 91, Hawai‘i Revised Statutes, except that every hearing shall be private, and no record of the proceedings shall be released to the public prior to its conclusion. Judicial review of decisions, orders and rulings adverse to the employee shall be in accordance with chapter 91, Hawai‘i Revised Statutes. (c) If it is found that no violation of subsection (b) of this section has occurred, the appointing authority shall not make the record of the proceedings public. If it is found that a violation has occurred, the appointing authority may make its findings and the record of the proceedings public, taking into account the seriousness of the violation. (1983 CC, c 2, art 15, sec 2-88.)2-88 Section 2-89. Cooperation with County agencies. The commission may request and shall receive from every department, division, board, bureau, commission or other agency of the County cooperation and assistance in the performance of its duties. In addition, if the board’s decision requires action by any agency, the board may request that such agency report its action within thirty days from the date of the request for action. (1983 CC, c 2, art 15, sec 2-89.)2-89 Section 2-90. Confidentiality. (a) Any board member, including the individual making the charge, who divulges information concerning the charge prior to the issuance of the complaint by the board mentioned in section 2-88 and section 2-89 or if the investigation discloses that the complaint should not be issued by the board, at any time divulges any information concerning the original charge, or divulges the contents or disclosures except as permitted by the board, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than $500. If a board member is in violation of this section, the board member may be subject to dismissal from this board. (b) This prohibition shall not apply to meetings open to the public. (1983 CC, c 2, art 15, sec 2-90.)2-90 Section 2-91. Appointing authority’s power to discipline. In addition to any other powers the appointing authority may have to discipline employees, the appointing authority may reprimand, put on probation, demote, suspend or discharge an employee found to have violated the standards of this article. (1983 CC, c 2, art 15, sec 2-91.)2-91 2-36 A DMINISTRATION §2-91.1 Section 2-91.1. Financial disclosures and disclosures of interest. (a) Definitions. The following words used in this section shall have the respective meanings in this section: (1) “Candidate” has the meaning given it by section 11-191(3),* Hawai‘i Revised Statutes; (2) “Elective” means all elective offices of the County of Hawai‘i; (3) “Income” means gross income defined by section 61 of the Internal Revenue Code of 1954; (4) “Regulatory employee” means: (A) Supervisors of inspectors employed by the department of public works and department of environmental management; (B) Inspectors employed by the department of public works and department of environmental management; (C) Supervisors of liquor control investigators; (D) Liquor control investigators; (E) Buyers and purchasing agents; (F) Supervisors of real property tax appraisers; (G) Real property tax appraisers; (H) Planners employed by the planning department; (I) Supervisors of inspectors employed by the department of water supply; (J) Inspectors employed by the department of water supply; (K) The legislative auditor. (b) Filing of financial disclosures. (1) Candidates to Office. All candidates for elective office for the County of Hawai‘i shall file a financial disclosure as provided herein within ten working days after the deadline for filing as a candidate for office. (2) Officers. All officers shall file a financial disclosure as provided herein within twenty working days after taking the oath of office or within twenty working days after the effective date of this section and annually thereafter on or before January 31 of each year until the end of the term of office. If an officer is re-elected to office or reappointed to office for a new term, the foregoing requirement for filing financial disclosures shall be observed. (3) Regulatory Employees. All regulatory employees shall file a financial disclosure as provided herein on or before January 31, 1984, and thereafter biennially on or before January 31 of the biennium year. Persons becoming regulatory employees on or after January 31, 1984, shall file the initial financial disclosure as provided herein within thirty working days of commencement of employment or term of office. (c) The disclosure of financial interests shall state the financial interests of the person disclosing, whether held in the person’s name or by any other person for the person disclosing’s use and benefit, and shall include: (1) The source, nature, and amount of all income of $1,000 or more received during the preceding calendar year; provided that information that may be privileged by law need not be disclosed. 2-37 § 2-91.1 H AWAI‘I C OUNTY C ODE (2) The name of each creditor to whom the value of $3,000 or more was owed during the preceding calendar year and the original amount and amount outstanding; provided that debts arising out of retail installment transactions for the purchase of consumer goods need not be disclosed. (3) The amount and identity of every ownership or beneficial interest held during the disclosure period in any business having a value of $5,000 or more, or interest equal to ten percent or more of the ownership of the business and, if the interest was transferred during the preceding calendar year, the date of the transfer; provided that an interest in the form of an account in a Federal or State regulated financial institution, an interest in the form of a policy in a mutual insurance company, or individual items in a mutual fund or a blind trust, if the mutual fund or blind trust has been disclosed pursuant to this paragraph, need not be disclosed. (4) Every officership, directorship, trusteeship, or other fiduciary relationship held in a business during the preceding calendar year, the term of office and the annual compensation. (5) A description of all real property in which the person now holds, or held during the preceding calendar year, an interest valued at $5,000 or more, its tax map key, street address, and fair market value, and, if the interest was acquired or transferred during the preceding calendar year, the consideration paid or received for the interest and the name of the person or entity paying or receiving the consideration. (6) The amount and identity of all creditor interests in an insolvent business held during the preceding calendar year having a value of $5,000 or more. (7) The names of clients personally represented before County agencies, except in ministerial matters, for a fee or compensation during the preceding calendar year and the names of the County agencies involved. (8) On any item which calls for the stating of a dollar amount, this value may be reported by using an appropriate letter code as follows: (A) Less than $1,000; (B) At least $1,000 but less than $10,000; (C) At least $10,000 but less than $50,000; (D) At least $50,000 but less than $100,000; (E) At least $100,000 but less than $300,000; (F) At least $300,000 but less than $700,000; (G) At least $700,000 but less than $1,000,000; (H) More than $1,000,000. (d) Filing requirements. (1) All public financial disclosures shall be filed with the office of the County clerk. All confidential disclosures shall be filed with County board of ethics. (2) The form for all public financial disclosures shall be as prescribed by the County clerk. The forms for confidential disclosures shall be as prescribed by the County board of ethics. 2-38 A DMINISTRATION §2-91.1 (3) Any officer or regulatory employee of the County shall file a financial disclosure as prescribed herein ten working days before an officer is to leave office or a regulatory employee is to terminate employment with the County. This requirement will also include transfer of an officer or regulatory employee from the County to either the State or Federal governments, or the transfer of an officer or regulatory employee to a County position for which financial disclosure is not required. (e) The financial disclosure statements of the following persons shall be public record and may be opened for inspection by the public during office hours of the County clerk: (1) All candidates for elective office. (2) All elected officers. (3) The administrative heads of the County agencies and their first deputies. (4) The managing director and deputy managing director. All other financial disclosure statements required to be filed under this section shall be confidential and accessible only by action of the board of ethics. (f) Penalty. (1) Officers and regulatory employees subject to section 2-91.1(b). Any officer or regulatory employee of the County who fails to file a financial disclosure as required in this section shall be subject to the provisions of section 2-91 hereof relating to noncompliance. (2) Any candidate who fails to file a financial disclosure as prescribed herein shall be guilty of a misdemeanor and subject to a fine of $1,000 and imprisonment of one year. (g) Notwithstanding any other disclosures filed under this section, it shall be incumbent upon all employees or officers of the County to make a full disclosure in writing to their appointing authority or to the council in the case of an elective officer, whenever the employee or officer possesses or acquires any interests, financial or otherwise, that might reasonably tend to create a conflict with the public interest in the performance of the public duties and responsibilities of the officer or employee. Any member of the council who knows he or she has a personal interest, direct or indirect, in any action proposed or pending before the council shall immediately disclose such interest. A copy of any disclosure of interest filed under this subsection shall be filed by the employee or officer with the County clerk which shall be a matter of public record. (1983 CC, c 2, art 15, sec 2-91.1; am 1983, ord 83-7, sec 1; am 1985, ord 85-35, sec 1; am 1999, ord 99-54, sec 1; am 2002, ord 02-109, sec 5; am 2005, ord 05-41, sec 1; am 2007, ord 07-131, sec 1; am 2008, ord 08-50, sec 2.)2-91.1 * Editor’s Note: Section 11-191, Hawai‘i Revised Statutes, was repealed. 2-39 § 2-91.2 H AWAI‘I C OUNTY C ODE Section 2-91.2. Post-employment. (a) No former officer or employee shall disclose any information which by law is not available to the general public and which the officer or employee acquired in the course of this person’s official duties, nor shall the former officer or employee use such information for this person’s personal gain or for the benefit of any other person. A former officer or employee may, however, disclose such information if requested by authorized governmental personnel, for official purposes. (b) No former officer or employee shall, within twelve months after the termination of the former officer or employee’s employment or term of office with the County, assist and/or represent any person or business or act in a representative capacity for a fee, compensation, or other consideration, or otherwise act for the former officer or employee’s own personal economic gain, in relation to any specific case, proceeding, contract, application, or pending legislation with which the former officer or employee, in the course of the former officer or employee’s official duties with the County: (1) Had been directly concerned; (2) Had under active consideration; or (3) Had obtained information which by law is not available to the general public. For the purposes of this section, “represent” means to engage in direct communication on behalf of any person or business with a councilmember, a council employee, a particular County board, commission or agency, or their employees. A former officer or employee may, however, assist a governmental entity in relation to such matters if requested by authorized governmental personnel for official purposes. (c) Nothing in this section shall prohibit any agency of the County from contracting with the former officer or employee to act on matters on behalf of the County. (d) Any fee, gift, profit, or other compensation received by a former officer or employee in violation of (a) or (b) above shall be forfeited to the County. The corporation counsel is authorized to take all measures necessary to recover such compensation. (e) In addition to any other penalty provided by law, whenever any former officer or employee has obtained, or assisted any other person to obtain, favorable County action and the former officer or employee violated (a) or (b) above in the course of the obtaining of such action, the County may void such action, provided that the County shall act to void the action within sixty days of its discovery of the violation and shall, insofar as possible, avoid damaging the interests of innocent third parties. (f) The board of ethics is hereby empowered to receive petitions from, and render informal and formal advisory opinions to: (1) Former officers or employees who request advisory opinions regarding their own conduct in relation to this section. A former officer or employee whose employment may violate the provisions of this section shall request an informal advisory opinion from the board prior to accepting or engaging in such employment; or 2-40 A DMINISTRATION §2-91.2 (2) Any member of the public concerning the conduct of a former officer or employee. The board may initiate an investigation to determine whether the conduct of a former officer or employee is in violation of this section. (g) A former officer or employee shall not be deemed in violation of this section with respect to conduct which conforms to an advisory opinion of the board, and none of the sanctions of this section may be applied to such conduct. (1984, ord 84-55, sec 1; am 1996, ord 96-69, sec 1.)2-91.2 Section 2-91.3. Lobbyist registration. (a) Definitions. When used in this section: (1) “Administrative action” means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any matter pending or proposed before the administrative agency, except ministerial matters. (2) “Administrative agency” means a commission, board, agency, or other body, or official in the County government that is not a part of the legislative branch. (3) “Contribution” means a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution. (4) “Expenditure” means a payment, distribution, forgiveness of a loan, advance, deposit, or gift of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make an expenditure. It does not include the expenses of preparing written testimony and exhibits for a hearing before the council or an administrative agency. (5) “Legislative action” means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any other matter pending or proposed in the council. (6) “Lobbyist” means any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials. (7) “Lobbying” means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of influencing any legislative or administrative action. (8) “Person” means a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization, or a representative of a group of persons acting in concert. (b) Registration of Lobbyists, Requirements. (1) Every lobbyist shall file a registration form with the County clerk within five days of becoming a lobbyist. 2-41 § 2-91.3 H AWAI‘I C OUNTY C ODE (2) Each lobbyist shall provide and certify the following information: (A) The name, mailing address, and business telephone number of the lobbyist. (B) The name and principal place of business of each person by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears or works and a written authorization to act as a lobbyist from each person by whom the lobbyist is employed or with whom the lobbyist contracts. (C) The subject areas on which the lobbyist expects to lobby. (3) A lobbyist shall report any change in any of the information contained in the registration statement within ten days after the change has occurred. (4) A lobbyist shall file a notice of termination within ten days after the lobbyist ceases the activity which required the lobbyist’s registration. The lobbyist and the employer of the lobbyist shall remain subject, however, to the requirements of this article for the period during which the registration was effective. (5) This section shall not apply to: (A) Any individual who represents him or herself and not any other person before the council or administrative agency; (B) Any Federal, State, or County official or employee acting in the official or employee’s official capacity; (C) Any elected public official acting in the official or employee’s official capacity; (D) Any newspaper or other regularly published periodical or radio or television station (including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station) while publishing in the regular course of business news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action; and (E) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to the legislative and executive branches of County government, and who is appearing at the request of the council or an administrative agency, even though receiving reimbursement for the appearance. (c) Each lobbyist shall file a statement of expenditures with the County clerk on July 31 and January 31 of each year. (d) The July 31 report shall cover the period from January 1 through June 30 of the year of the report; and the January 31 report shall cover the period from July 1 through December 31 of the calendar year preceding the January 31 report. (1) The statement shall contain the following information: (A) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the total sum of $25 or more per day were made by the person filing the statement during the statement period and the amount or value of such expenditure; 2-42 A DMINISTRATION §2-91.3 (B) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the aggregate of $150 or more were made by the person filing the statement during the statement period and the amount or value of such expenditures; (C) The total sum or value of all expenditures for the purpose of lobbying made by the person filing the statement during the statement period in excess of $275 during the statement period; (D) The name and address of each person making contributions to the person filing the statement for the purpose of lobbying in the total sum of $25 or more during the statement period and the amount or value of such contributions; and (E) The subject area of the legislative and administrative action which was supported or opposed by the person filing the statement during the statement period. (2) The receipt or expenditure of any money for the purpose of influencing the election or defeat of any candidate for an elective office or for the passage or defeat of any proposed measure at any special or general election is excluded from the reporting requirement of this section. (e) All statements and forms required by this section to be filed with the County clerk: (1) Shall be deemed properly filed when delivered or deposited in an established post office within the prescribed time, duly stamped, registered, or certified, and directed to the County clerk; provided, however, in the event it is not received, a duplicate of the statement shall be promptly filed upon notice by the County clerk of its nonreceipt; and (2) Shall be preserved by the County clerk and shall constitute part of the public records of the County clerk, and shall be open to public inspection pursuant to section 92-51,* Hawai‘i Revised Statutes. (f) No lobbyist shall accept or agree to accept compensation in any way contingent on the enactment, defeat, or outcome of any proposed legislative or administrative action. (g) The board of ethics is empowered to render advisory opinions with respect to the application of this section to any person. No person who conforms their conduct to an advisory opinion of the board regarding this section shall be subject to the penalties provided herein. (h) Any person who wilfully fails to file any statement or report required by this section or who wilfully files a statement or report containing false information or material omission of any fact, who engages in activities prohibited by this section, or who fails to provide any information required by this section shall be guilty of a petty misdemeanor. (1984, ord 84-77, sec 1; am 1986, ord 86-44, sec 1; am 2006, ord 06-71, sec 1.)2-91.3 * Editor’s Note: Sections 92-50 to 92-52, Hawai‘i Revised Statutes, were repealed and replaced with chapter 92F. 2-43 § 2-91.4 H AWAI‘I C OUNTY C ODE Section 2-91.4. Gifts. No officer or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the officer or employee in the performance of the officer’s or employee’s official duties or is intended as a reward for any official action on the officer’s or employee’s part (1995, ord 95-21, sec 2; am 2002, ord 02-109, secs 6 and 7.) 2-91.4 Section 2-91.5. Reporting of gifts. (a) Every officer and employee shall file a gifts disclosure statement with the County board of ethics on June 30 of each year if all the following conditions are met: (1) The officer or employee, or spouse or dependent child of an officer or employee, received directly or indirectly from one source any gift or gifts valued singly or in the aggregate in excess of $100, whether the gift is in the form of money, service, goods, or in any other form; (2) The source of the gift or gifts have interests that may be affected by official action or lack of action by the officer or employee; and (3) The gift is not exempted by subsection (d) from reporting requirements under this subsection. (b) The report shall cover the period from June 1 of the preceding calendar year through May 31 of the year of the report. (c) The gifts disclosure statement shall contain the following information: (1) A description of the gift; (2) A good faith estimate of the value of the gift; (3) The date the gift was received; and (4) The name of the person, business entity, or organization from whom, or on behalf of whom, the gift was received. (d) Excluded from the reporting requirements of this section are the following: (1) Gifts received by will or intestate succession; (2) Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor; (3) Gifts from a spouse, fiancé, fiancée, any relative within four degrees of consanguinity or the spouse, fiancé, or fiancée of such a relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph; (4) Political campaign contributions that comply with state law; (5) Anything available to or distributed to the public generally without regard to the official status of the recipient; (6) Gifts that, within thirty days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes; and 2-44 A DMINISTRATION §2-91.5 (7) Exchanges of approximately equal value on holidays, birthday, or special occasions. (e) Failure of an officer or employee to file a gifts disclosure statement as required by this section shall be a violation of this article. (1995, ord 95-21, sec 2; am 2002, ord 02-109, secs 6 and 7.)2-91.5 Section 2-91.6. Confidential information. No officer or employee shall disclose information which by law or practice is not available to the public and which the officer or employee acquires in the course of the officer’s or employee’s official duties, or use the information for the officer’s or employee’s personal gain or for the benefit of anyone. (1995, ord 95-21, sec 2; am 2002, ord 02-109, secs 6 and 8.)2-91.6 Article 16. Travel and Other Expenses. Section 2-92. Entitlement. All officers and employees of the County, including members of boards, committees and commissions, shall be entitled to travel and other necessary expenses connected with the performance of their official duties in accordance with the provisions of this section and subject to procedures prescribed by the director of finance and approved by the mayor. (1983 CC, c 2, art 16, sec 2-92.)2-92 Section 2-93. Travel status. Personnel shall be considered to be on travel status only during the time they are conducting official business away from their regular place of business and while traveling to and from the place at which such business is regularly transacted. (1983 CC, c 2, art 16, sec 2-93.)2-93 Section 2-94. Travel authorization. (a) All in-State travel for employees of the executive branch shall be approved by the mayor; except that the prosecuting attorney is authorized to approve in-State travel for employees of the prosecuting attorney’s department. Likewise, all in-State travel for employees of the legislative branch shall be approved by the council chairman. The authority to approve such travel may be delegated. (b) For out-of-State travel, a written request shall be prepared and shall be approved by the mayor for members of the executive branch and the council chairman for employees of the legislative branch. A travel itinerary shall be attached to the request. The authority to approve such travel may be delegated. A copy of the approved request must be attached to the requisition for air transportation. (c) The department head shall assure that travel is necessary, that funds are available, and that expenses to be incurred are proper and reasonable under the circumstances. 2-45 § 2-94 H AWAI‘I C OUNTY C ODE (d) Travel for training purposes shall also conform with the training policy administered by the department of human resources. (1983 CC, c 2, art 16, sec 2-94; am 1993, ord 93-51, sec 1; am 2009, ord 09-105, sec 5.)2- 94 Section 2-95. Overnight travel expenses. A traveler may accept either of the following methods of payment for personal expenses incident to overnight travel. (a) The actual cost of lodging, meals (including tips) and laundry over the entire period of travel, supported by receipts and/or affidavit; or (b) Per diem allowance for overnight travel at rates equal to the highest allowance for such expenses payable to any County employee in a bargaining unit; provided that in the case of official travel time involving a fraction of a day, the allowable claim shall be in terms of quarter-day periods, with the quarter-day periods measured from midnight. (c) Per diem allowance for less than a full day shall be payable only for travel to other islands. For nonovernight travel within the County, employees shall be entitled to meal allowance and other allowed expenses. (1983 CC, c 2, art 16, sec 2-95.)2-95 Section 2-96. Repealed. (1983 CC, c 2, art 16, sec 2-96; am 2003, ord 03-1, sec 1; rep 2011, ord 11-41, sec 2.)2-96 Section 2-97. Other allowable expenses. (a) Other allowable expenses include airfare, ground transportation (including tips), airport parking, business telephone calls, secretarial fees, registration fees, mileage claim for use of a private automobile and any expense relating to the conduct of official business. (b) Rental cost of U-drive cars and parking charges shall not exceed $75 a day. U-drive cars may be used for personal business incidental to official travel; e.g., driving to restaurant for meals. The department head shall assure that funds are available and that rental is necessary and cost is reasonable. (c) Air travel shall be on commercial airlines at the economy class by the most direct route to and from the points specified in the travel authorization; provided that inter-island and intra-county travel by noncommercial and nonscheduled private aircraft (owned or rented) is authorized under the following conditions: (1) The pilot must possess a current private pilot’s certificate issued by the Federal Aviation Administration; (2) The aircraft must possess a current certificate of airworthiness issued by the Federal Aviation Administration; (3) The aircraft must carry the following liability insurance: (A) Bodily injury liability (excluding passenger) — $100,000 for each person and $300,000 for each occurrence. (B) Property damage liability — $100,000 for each occurrence. 2-46 A DMINISTRATION § 2-97 (C) Passenger bodily injury insurance — $100,000 for each person. (D) The County of Hawai‘i shall be named as additional insured under the policy. (4) Payment for such travel by private aircraft shall be made at rates that traveler would have had to pay had the traveler traveled on scheduled, commercial airlines. Additional passengers will be paid the difference between the first traveler’s payment and the operating cost of the privately owned aircraft or rental cost of a rented aircraft. (1983 CC, c 2, art 16, sec 2-97; am 1989, ord 89-139, sec 1; am 1992, ord 92-47, sec 1; am 2004, ord 04-83, sec 2.)2-97 Section 2-98. Adjustments and exceptions. (a) When government quarters and/or meals are furnished at no cost or at low cost, the amount of per diem allowance shall be reduced by the director of finance. (b) The mayor or council chairman, for their respective branches of government, may disallow any unauthorized, improper, or unreasonable expense. The mayor or council chairman may also authorize expenses in excess of the established limits or may authorize meals with business meetings, awards and recognition events, and entertainment of important persons, or may approve exceptions with good cause to any provision relating to travel and expenses, provided: (1) No exception involving public funds shall be authorized without a public purpose; (2) A written request for authorization is made and approved in writing; (3) Documentation establishing that the expenditure will be for a public purpose is attached to the written request; (4) The purchase of alcoholic beverages is prohibited unless provided by authorized exception; (5) The purchase of gifts in an amount of over $100 per person receiving the gift is prohibited unless provided by authorized exception; (6) To receive reimbursement for the authorized exception, the following documentation must be submitted to the employee’s or officer’s department head and to the director of finance within seven days of the expenditure: (A) A memorandum setting forth the reasons for the exceptional expenditure along with a copy of the written request for authorization; and (B) Any additional documentation submitted with the written request for authorization; and (7) The director of finance shall maintain a record log of all travel expenditures that are authorized through an exception as permitted by this subsection, which log shall be available for public inspection. (c) The mayor may delegate the authority granted under this section to any department or agency head within the executive branch. 2-47 § 2-98 H AWAI‘I C OUNTY C ODE (d) Meals may also be provided to employees who do not otherwise qualify under this section or under any negotiated employee contract while attending workshops, conferences, or training sessions at the request or direction of the department head and to the benefit of the County. (1983 CC, c 2, art 16, sec 2-98; am 1993, ord 93-51, sec 2; am 2015, ord 15-95, sec 1.)2-98 Section 2-99. Funds for travel expenses. Funds for traveling expenses at the specified per diem rates or meal allowance plus other known or determinable expenses may be secured by way of a cash advancement from the treasurer’s petty cash fund or by way of reimbursement upon completion of travel. (a) Per diem allowance for travel exceeding five days in duration shall be obtained through the requisition process unless time will not allow use of this method. (b) Any excess funds advanced for travel must be returned not later than five working days after completion of travel. (1983 CC, c 2, art 16, sec 2-99.)2-99 Section 2-100. Reports. (a) Upon return from travel, but not later than five working days after return, a certificate of travel and claim for expense form shall be completed and filed with the director of finance. (b) In addition, after attendance at conferences, workshops, seminars, or educational meetings, a written report shall be prepared. This report shall discuss the subject matter covered and benefits of attendance. It may be an individual or group report and shall be filed with the mayor or council chairman, as the case may be, within thirty days after return. (c) This reporting requirement shall not apply to travel for in-service training sponsored by the department, or training that is approved in accordance with the County training policy. (1983 CC, c 2, art 16, sec 2-100.)2-100 Section 2-101. Compensation for use of private automobile. (a) Mileage Allowance. A department head may authorize any officer or employee over whom the department head has administrative supervision to use privately owned automobiles on official business on a mileage allowance basis when publicly owned vehicles are not available or are impractical to use. (b) Rate. Employees who are excluded from the various bargaining units shall be paid the same rates provided for in negotiated contracts of bargaining units that these employees would have belonged to had they not been excluded. All other officers and employees of the County not covered by collective bargaining including County councilmembers and duly authorized volunteer police and fire personnel, shall be entitled to mileage reimbursement at a rate equal to the highest rate payable to any County employee in a bargaining unit. 2-48 A DMINISTRATION §2-101 (c) Flat Monthly Allowance. The mayor may for the executive branch and the council chairman for the legislative branch authorize payment of monthly automobile allowance to any councilmember, officer or employee for the regular use of a privately owned automobile. (1983 CC, c 2, art 16, sec 2-101; am 1985, ord 85-31, sec 1; am 1986, ord 86-130, sec 1; am 2006, ord 06-100, sec 3.)2-101 Section 2-101.1. Mileage and meal reimbursements for volunteer police personnel. (a) All duly authorized volunteer police personnel, including but not limited to reserve police officers and police chaplains, shall be reimbursed at such rates prescribed by, and subject to, the requirements set forth in section 2-101(b), for each mile actually and necessarily traveled in the performance of their assigned duties. (b) Except as modified by subsection (b) of section 2-98, meal allowance (including tax and tips) for non-overnight travel (not covered by collective bargaining agreements) shall not exceed the following rates: Breakfast..................................................................................................................$ 5 Lunch..........................................................................................................................8 Dinner.......................................................................................................................15 Breakfast will be allowed when travel time begins before 6:00 a.m. Lunch will be allowed for travelers when travel time begins before 11:00 a.m. and ends after 1:00 p.m. Dinner will be allowed for travelers when travel time begins before 6:00 p.m. and ends after 8:00 p.m. (c) Meal allowance for non-overnight travel shall be payable for travel that extends beyond the boundaries of the adjacent geographic district from the geographic district where an employee’s baseyard, station, or usual place of work is located. For purposes of this section, the geographic districts are: Puna; South Hilo; North (d) Payment for meal expenses must be supported by receipt or affidavit. Any excess cash advanced for meal expenses must be returned not later than five working days after completion of travel. (1989, ord 89-28, sec 2; am 2006, ord 06-100, sec 4; am 2011, ord 11-57, sec 2.)2-101.1 Section 2-102. Conflicts with employee contracts. If there are any conflicts between any provision of this section on travel expenses and any provision in a negotiated contract between the County and an exclusive representative and any provision of chapter 89C, Hawai‘i Revised Statutes, the latter provisions shall prevail. (1983 CC, c 2, art 16, sec 2-102.)2-102 2-49 § 2-103 H AWAI‘I C OUNTY C ODE Article 17. Public Records Fee Schedule. Section 2-103. Administered by clerk. The provisions of this section shall be administered by the clerk. The clerk shall be authorized to determine the specific organizations and agencies which shall be exempt from the payment of fees for public records and charges for publications, and to determine the specific records or publications for which no fees or charges shall be required. (1983 CC, c 2, art 17, sec 2-103.)2-103 Section 2-104. Fees for copies of public records. Except as otherwise provided, a copy or extract of any public document or record which is open to inspection of the public shall be furnished to any person applying for the same by the public officer having custody or control thereof pursuant to the following schedule of fees: (a) Duplicated copy of any record (by duplicating machines, including, but not limited to, microfilm printer, Thermofax, Verifax, Xerox, Offset, Mimeograph, etc.): For the first page of each document or record .................................................. $1.00 Each additional page or copy thereof ............................................................... .10 (b) Abstract of information from public record: First page ......................................................................................................... 1.00 Each additional page ....................................................................................... .10 (c) Ordinances, resolutions and chapters of the Hawai‘i County Code: 1 -- 20 pages ................................................................................................ 1.00 21 -- 50 pages ................................................................................................. 2.00 51 -- 100 pages .............................................................................................. 5.00 101 -- 250 pages .............................................................................................. 8.00 251 -- 500 pages .............................................................................................. 20.00 501 and over pages ........................................................................................... 30.00 (d) Typewritten copy of any record: Per page or fraction thereof ............................................................................. 1.00 (e) Copy of street map, plan, diagram: Sheet sizes over 8½” x 13” to 10” x 15” ............................................................. 1.00 Sheet sizes over 10” x 15” to 22” x 36” .............................................................. 2.00 Larger than 22” x 36” size; per square foot ...................................................... .50 (f) Photograph: For use of negative only .................................................................................... 2.00 (g) County clerk’s Certificate of Voter Registration ................................................... 2.00 2-50 A DMINISTRATION §2-104 (h) Voter Registration List (in printed forms as may be available): For each State representative district ................................................. 12.00 per list For each State senatorial district ........................................................ 24.00 per list For each precinct: First page ................................................................................................. 2.00 Each additional page ............................................................................... .10 (i) Certified statement attesting to veracity of information obtained from public records: Per 100 words of statement or fraction thereof ................................................ 1.00 (j) Certification by public officer or employees as to correctness (or in attestation that document is a true copy) of any document, including maps, plans and diagrams: Per page ............................................................................................................. 1.00 (k) Hawai‘i County Code (includes zoning annexes and traffic schedules) ............. 200.00 Semiannual supplements ..................................................................................... 25.00 Zoning Annexes .................................................................................................... 20.00 Semiannual supplements ............................................................................. 10.00 Traffic Schedules ................................................................................................... 8.00 Semiannual supplements .............................................................................. 4.00 Compact discs of the above are available upon request at the time of purchase. When compact discs are requested exclusive of the above: Hawai‘i County Code ........................................................................................ 20.00 Zoning Annexes ................................................................................................. 5.00 Traffic Schedules ............................................................................................... 5.00 Semiannual supplements ................................................................................. 5.00 (l) Hawai‘i County Charter ........................................................................................ 3.00 (m) Charges for real property tax records and tax searches. Duplicated copy of the real property assessment rolls or tax rolls from computer tape files. Requester provides blank tape. Per computer tape listing ............................................................................... 500.00 Real property tax searches shall be conducted and statements furnished to persons requesting this service upon the payment of a fee; provided however, the fee will not be applicable to an owner or lessee making an inquiry concerning such person’s own property or property leased to such person; further provided, that this search be limited to the records of the current tax year. Tax searches will include preparation of statements of title history, assessment information, taxes due, and other similar record searches. Per hour or fraction thereof ............................................................................. 15.00 Minimum charge .............................................................................................. 15.00 2-51 § 2-104 H AWAI‘I C OUNTY C ODE Duplicated copy of any record pertinent to the field history sheets, notice of assessment, transfer sheets, exemption claims, tax bills, tax ledgers, and tax clearances. For the first page of a specific tax key .............................................................. 1.00 Each additional page or copy thereof ................................................................ .10 (n) Building permit monthly printouts........................................................ 1.00 per page (1983 CC, c 2, art 17, sec 2-104; am 1983, ord 83-31, sec 1; ord 83-33, sec 1; am 1988, ord 2-104 88-52, sec 1; ord 88-181, sec 1; am 1990, ord 90-89, sec 1; am 2005, ord 05-101, sec 1.) Section 2-105. Charges for publications. (a) Charges for publications shall be based on cost, including reproduction costs, mailing and other handling charges attributable to making the publication available to the public; except that reasonable charges in excess of cost may be made for copies of records to be used for commercial purposes. (b) The term “publication” refers to copies of documents which are reproduced on a volume basis for general distribution and shall include, but not be limited to, such items as: County Charter, ordinances, engineering and construction standards, directories, manuals, and handbooks. The term “publications” shall not apply to resolutions or bills pending final adoption or enactment into ordinance by the County council. (1983 CC, c 2, art 17, sec 2-105.)2-105 Section 2-106. Applicability. The fees established in this article shall have no application to the furnishing of copies or extracts of public documents or records for which fees have been established by statutory provisions where such statutory provisions have not been superseded. (1983 CC, c 2, art 17, sec 2-106.)2-106 Section 2-107. Exemption from payment of fees and charges. (a) The following agencies and organizations may be exempted from the payment of fees established in this section, as well as charges to cover mailing and other handling costs by the public officer having custody or control of the records involved: (1) Government agencies requiring the records or publications for official purposes; (2) News media; provided, however, that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications; (3) Organizations which have arranged reciprocal agreement with a County agency for mutual exchange of records and publications. (b) The clerk may waive fees or charges for the following: (1) Educational materials necessary for carrying out an agency program; or (2) Distribution of records and publications when such distribution is of benefit and interest to the County; or 2-52 A DMINISTRATION §2-107 (3) Records or publications required by a student engaged in studying County operations as part of the student’s school assignment; provided, however that exemption from payment of fees or charges shall be limited to one copy or one set of such records or publications. (c) Political parties shall be furnished without charge, three copies of the voter registration lists of all precincts. Candidates who have filed for public elective offices shall be furnished, without charge, one copy of such current voter registration lists as may be requested by the candidate, provided that such lists are available for distribution. Additional copies in excess of the number to be furnished without charge as hereinabove stated shall be furnished upon payment of the fees specified in this article. (1983 CC, c 2, art 17, sec 2-107.)2-107 Article 18. Uncollectible Accounts. Section 2-108. Definitions. (a) As used in this article: (1) “Uncollectible account” means an account for which: (A) The debtor or party causing damage to property belonging to the County is no longer within the jurisdiction of the State; (B) The debtor or party causing damage to property belonging to the County cannot be located; (C) The party causing damage to the property belonging to the County is unknown or cannot be identified; (D) The debtor has filed bankruptcy and has listed the County as a creditor; or (E) Such other account as may be deemed by the corporation counsel to be uneconomical or impractical to collect. (1983 CC, c 2, art 18, sec 2-108.)2-108 Section 2-109. Uncollectible accounts; procedure; records. Agency heads may from time to time prepare and submit for review by the corporation counsel a list of all uncollectible accounts in their agency. Such accounts as the corporation counsel finds to be uncollectible shall be entered in a special record to be maintained by the director of finance and be deleted from the accounts receivable records of the agency which shall thereupon be relieved from any further accountability for their collection. Any account entered in the special record shall be transferred back to the current accounts receivable if the corporation counsel finds that the facts as alleged and presented to the corporation counsel were not true, or that the account has become collectible. (1983 CC, c 2, art 18, sec 2-109; am 2003, ord 03-105, sec 1.)2-109 2-53 § 2-110 H AWAI‘I C OUNTY C ODE Article 19. Real Property Disposition. Section 2-110. Definitions. As used in this article, unless the context clearly requires otherwise: (1) “Lease” means the right to possess and use real property for a term of one year or more. (2) “Real property” includes lands and structures or fixtures permanently attached thereto, owned by the County of Hawai‘i. (3) “Remnant” means a parcel of land economically or physically unsuitable or undesirable for development or utilization as a separate unit by reason of location, size, shape, or other characteristics. A remnant may be: (A) Land acquired which is in excess of the needs for which acquired; (B) Vacated, closed, abandoned, or discontinued road, street or alley or walk, ditch, or other right-of-way. (4) “Nonprofit organization” means an organization organized for other than profit-making purposes and which is exempted from the Federal income tax by the Internal Revenue Service. (5) “Affordable housing developer” means an individual or business entity which develops low and moderate income housing as certified by the housing administrator. (1983 CC, c 2, art 19, sec 2-110.)2-110 Section 2-111. Powers of council. Except as otherwise provided by law and subject to other provisions of this article, the council may, by resolution approved by a majority of its members, direct the finance director or director of public works: (1) To dispose of real property in fee simple by lease, license, or permit; provided that any lease, license, or permit whose term is for less than one hundred eighty days may be granted, without the necessity of council action, by the finance director or director of public works through direct negotiation and without recourse to public auction; (2) To grant easement for particular purposes, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which it was granted, provided that any easement may be granted by direct negotiation and without recourse to public auction when the sale price of such easement is less than $1,000; (3) To exchange real property for private property. (1983 CC, c 2, art 19, sec 2-111; am 2001, ord 01-108, sec 1.)2-111 2-54 A DMINISTRATION §2-112 Section 2-112. Disposition by auction. Unless the council finds substantial reasons to dispose of real property in some other manner, all disposition of real property shall be made at public auction, after public notice as provided in section 2-111. All such auctions shall be held at the main entrance of the County building in which the main office of the department of finance is located or at such other place as is convenient in the district in which the real property is located, and shall be conducted by the finance director or by the finance director’s authorized representative. (1983 CC, c 2, art 19, sec 2-112.)2-112 Section 2-113. Sale or lease by sealed bids. Whenever real property are to be sold or leased by call for sealed bids, the finance director shall notify by publication for a call for bids as provided in section 2-116 with such details concerning the call for bids as the finance director shall deem necessary and desirable. All bids shall be sealed and delivered to the finance director and shall be opened by the finance director at the time and place stated in the call for bids. The finance director may reject any or all bids and waive any defects when in the finance director’s opinion such rejection or waiver will be for the best interest of the public. (1983 CC, c 2, art 19, sec 2-113.)2-113 Section 2-114. Sale or lease by negotiation. (a) Real property may be sold or leased through negotiation upon a finding by the council that the public interest demands it and upon approval of the minimum conditions and selection criteria of the council. (b) After a determination is made to negotiate the disposition, the finance director shall: (1) Give public notice, in accordance with the procedure set forth in section 2-116 of the County’s intention to sell or lease real property through negotiation setting forth the minimum conditions thereunder. (2) Establish reasonable criteria for the selection of the buyer or lessee. (3) Determine the applicants who meet the criteria for selection, and notify all applicants of the determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established were followed; provided that if any applicant does not notify the finance director of the applicant’s objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the finance director to follow the conditions and criteria. (c) If only one applicant meets the criteria for selection of the buyer or lessee, the finance director may, after notice as provided in subsection (b)(3) of this section, dispose of the real property by negotiation. If two or more applicants meet the criteria for the selection of the buyer or lessee, the finance director shall select the buyer or lessee who submits the highest offer contained in a sealed bid deposited with the finance director. 2-55 § 2-114 H AWAI‘I C OUNTY C ODE (d) The council may require in the initial resolution that the negotiated agreement be accepted by the council. (1983 CC, c 2, art 19, sec 2-114; am 2003, ord 03-156, sec 2.)2-114 Section 2-115. Exchange of real property. (a) No exchange of real property for private property shall be made except for public purposes, including, but not limited to: (1) Consolidation of holdings of real property; (2) Straightening of boundaries of real property; (3) Acquisition of adequate access for landlocked real property which has development potential; or (4) Straightening roadways or acquisition of encroachment right-of-way. (b) Exchanges shall be effected without public auction. Public notice of any proposed exchange shall be given in accordance with the applicable provisions set forth in section 2-116. (c) The real property exchanged shall be of substantially equal value to that of private land. Except as otherwise provided for in subsection (d) below, in any exchange, the fair market value of the private land and the County-owned land shall be separately determined by a disinterested qualified appraiser or appraisers and the cost thereof shall be borne equally between owner and the County. (d) Appraisal requirements may be waived where the County seeks to acquire private property upon which County roadways encroach into private property, where this land will be exchanged for the County’s unused rights-of-way. (1983 CC, c 2, art 19, sec 2-115; am 2003, ord 03-50, sec 1.)2-115 Section 2-116. Notice. (a) Auctions. Notice of any proposed disposition by auction shall be published at least once in each of three successive weeks in a newspaper of general circulation in the County, the last publication to be not less than five days before the date of the auction. Notice of the auction shall contain the following: (1) Time and place of auction; (2) General description of the real property, including the address and tax map key; (3) Specific use for which the disposition is intended; and (4) Upset price or lease rental to be charged. The maps showing the metes and bounds description and the classification of the land shall be kept in the office of the finance director and shall be open for inspection at all reasonable hours. (b) Sealed Bids. Notice of any proposed disposition by sealed bids shall be published at least once in each of three successive weeks in a newspaper of general circulation in the County, the last publication to be not less than five days before the date set for the receipt of proposals. Notice of the call for sealed bids shall contain the following: (1) Time and place for opening of sealed bids; 2-56 A DMINISTRATION §2-116 (2) General description of the real property, including the address and tax map key; (3) Location where bid blanks and specifications may be secured. When deemed necessary by the finance director, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of bid deposits when the finance director has required such. A successful bidder shall forfeit any bid deposit required by the finance director upon failure on the bidder’s part to enter into a required contract within ten days after the award. (c) Negotiation. Notice of a proposed disposition by negotiation shall be published at least once in each of three successive weeks in a newspaper of general circulation in the County. Such notice shall invite proposals and state in general terms the size, location, and prices or lease rental of real property to be sold or leased, the terms of sale or lease, and the last date on which application will be received by the finance director, which date shall not be less than thirty days after the last date of publication of the notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested persons. (d) Exchanges. Public notice of disposition of real property by a proposal to exchange real property for private property pursuant to section 2-115 shall be published at least once in each of three successive weeks in a newspaper of general circulation in the County. The notice shall state in general terms the size and location of the public lands proposed to be disposed. (e) Notices are not required for license, permits, disposition of remnants, and disposition to government agencies. (1983 CC, c 2, art 19, sec 2-116.)2-116 Section 2-117. Appraisals. (a) Public Auction and Sealed Bids. The appraisal of real property for sale or lease at public auction or by sealed bids for the determination of the upset price may be performed by an employee of the County qualified to appraise lands, or by a disinterested appraiser whose services shall be contracted for by the County. No such real property shall be sold or leased for a sum less than the value fixed by appraisal; provided, that for any sale or lease at public auction or by sealed bids, the finance director may establish the upset sale or lease rental price at less than the appraisal value and the real property may be sold or leased at that price. (b) Negotiation. The sale price or lease rental of real property to be disposed of by negotiation shall be no less than the value determined by a disinterested appraiser whose services shall be contracted for by the County. (c) Whenever more than one appraiser is appointed each shall prepare and submit an independent appraisal. (1983 CC, c 2, art 19, sec 2-117.)2-117 2-57 § 2-118 H AWAI‘I C OUNTY C ODE Section 2-118. Remnants. (a) No parcel shall be disposed of as a remnant solely for the reason that it lacks an adequate access. (b) Notwithstanding any other provision of this article, remnants or portions thereof may be disposed of without recourse to public auction in the manner set forth herein. Any remnant or portion thereof to be disposed of shall be first offered for sale to the abutting owner for a reasonable period of time at a reasonable price based on appraised value, provided in cases involving parcels of less than two thousand five hundred square feet, the finance director may establish a price which is based on the square foot value used for determining real property tax valuations of the abutting owner(s). The director shall take into consideration the limited market for the remnant and/or the resulting enhancement to an abutting owner’s property by the addition of the remnant as outlined in subsection (c). For those parcel(s) utilizing the square foot value of the real property tax valuation process, the final disposition shall be approved by resolution of the County council. If there is more than one abutting owner who is interested in purchasing the remnant, the remnant may be subdivided and a portion thereof sold to each abutting owner at the appraised or established value. (c) Except for those parcel(s) comprising less than two thousand five hundred square feet whose values are based on similar square foot values utilized by the real property tax office, the value of the remnant or portion thereof shall be appraised by an independent appraiser, which appraisal shall take into consideration the limited market for the remnant and/or the resulting enhancement to an abutting owner’s property by the addition of the remnant. (d) In any case, disposition costs including but not limited to appraisal, survey work, preparation of environmental assessments and preparation and recordation of documents may be added to the established sale price. However, a buyer may provide for the independent appraisal, survey work and preparation of environmental assessment at the buyer’s expense, subject to review and agreement by the County. (1983 CC, c 2, art 19, sec 2-118; am 1996, ord 96-35, sec 2.)2-118 Section 2-119. Licenses and permits. (a) The council may, after consulting with the director of public works, direct the finance director to issue licenses and permits through negotiation and without public auction for the temporary occupancy of County-owned lands or interest therein under such conditions which will serve the best interests of the County, subject, however, to such restrictions as may from time to time be expressly provided by law. Such permit on a month-to-month basis may continue for a period not to exceed one year from the date of its issuance; provided, that the finance director may allow the permit to continue on a month-to-month basis for additional one year periods. 2-58 A DMINISTRATION §2-119 (b) The council may, after consulting with the chief of police, direct the director of public works to issue licenses and permits through negotiation and without public auction to enter and occupy public highways and other rights-of-way owned, maintained and/or under the jurisdiction of the County, subject, however, to such restrictions, conditions and terms which will best serve the interests of the County and the general public. (1983 CC, c 2, art 19, sec 2-119; am 2001, ord 01-108, sec 1.)2-119 Section 2-120. Disposition to government, governmental agencies, nonprofit organizations, and affordable housing developers. (a) Notwithstanding any limitations to the contrary, the council may, by resolution approved by a majority of its members, direct the finance director to negotiate the disposition of real property by: (1) Selling it in fee simple at such price and on such terms and conditions deemed proper to governments and governmental agencies authorized to hold lands in fee simple, to nonprofit organizations to develop affordable housing, or to affordable housing developers; (2) Leasing it to governments, governmental agencies, nonprofit organizations, or affordable housing developers at such rentals and on such terms and conditions as deemed proper; (3) Exchanging it for real property owned by governments, governmental agencies, nonprofit organizations, or affordable housing developers; (4) Granting licenses, permits, and easements to governments, governmental agencies, nonprofit organizations, or affordable housing developers on such terms and conditions as deemed proper. (b) A disposition of real property to governments, governmental agencies, nonprofit organizations, or affordable housing developers may be made without the notice or appraisal required in this article. (1983 CC, c 2, art 19, sec 2-120; am 2000, ord 00-151, sec 2.)2-120 Section 2-120.1. Minimum provisions and clauses. All real property agreements shall include provisions that, at the minimum, address the following: (1) Breach (2) Compliance with laws (3) Condition of premise (4) Current tax-exempt status designation, if applicable (5) Premise description, including a tax map key number (6) Duration including the commencement and termination dates (7) Fire and liability insurance stipulations, including naming the County as an additionally insured and requiring County notification in case of policy cancellation (8) Hazardous materials 2-59 § 2-120.1 H AWAI‘I C OUNTY C ODE (9) Improvements (10) Indemnification of the County of Hawai‘i (11) Lessee reporting requirements (12) Liens (13) Payment and renewal provisions (14) Permitted use (15) Public purpose (16) Repair and maintenance responsibilities (17) Utilities. (2003, ord 03-156, sec 1.)2-120.1 Section 2-120.2. Central repository. (a) All executed real property documents wherein the County is a party, including but not limited to, leases, rental agreements, licenses, permits and memorandums of agreement, shall be filed with the department of finance. (b) The finance director shall transmit a County tenancy report annually to the council by July 31. The County tenancy report shall list the name of the tenant, purpose, location by address and tax map key number, type of tenancy, term of tenancy, payment fee, status of reporting and payments, significant improvements by tenant, and any other information the council or finance director may request. (2003, ord 03-156, sec 1.)2-120.2 Article 20. Voter Registration. Section 2-121. Definitions. The following definitions shall apply to the provisions contained in this article: (1) “Candidate” means an individual as defined under chapter 11, part XII(B), “Election Campaign Contributions and Expenditures,” Hawai‘i Revised Statutes, as amended. (2) “Political party” means any party which was on the ballot at the last general election and any political group which shall hereafter undertake to form a political party in the manner provided for in chapter 11, part V, “Parties,” Hawai‘i Revised Statutes, as amended. (3) “Committee” means any person as defined under chapter 11, part XII(B), “Election Campaign Contributions and Expenditures,” Hawai‘i Revised Statutes, as amended. (4) “Service bureau” means a firm registered to do business in the State and whose principal business is furnishing data processing services. (1983 CC, c 2, art 20, sec 2-121.)2-121 2-60 A DMINISTRATION §2-122 Section 2-122. Release of voter registration data. The clerk or the clerk’s designated representative shall release voter registration data on computer tapes or in printed form to candidates, political parties, committee, or service bureaus, as provided in this article. Voter registration data shall be used only for election or government purposes. (1983 CC, c 2, art 20, sec 2-122; am 1996, ord 96-44, sec 2.)2-122 Section 2-123. Restriction as to release of information by clerk. The only voter registration information that the clerk or a designated representative may release are the name, residence address, mailing address, and representative district and precinct of a voter. (1983 CC, c 2, art 20, sec 2-123.)2-123 Section 2-124. Condition for accessing voter registration data. The following conditions shall be met before voter registration data is released: (1) The applicant obtains the written permission of the clerk or the clerk’s designated representative; (2) The applicant agrees in writing that the applicant will not use, sell or otherwise release the voter registration data computer tapes or the duplicate for other than election or government purposes; and (3) Applicants requesting voter registration data on computer tapes must provide tapes as specified by the election division. (1983 CC, c 2, art 20, sec 2-124; am 1996, ord 96-44, sec 3.)2-12.4 Section 2-125. Charges for voter registration data. $100 shall be charged for voter registration data of Hawai‘i County voters requested on computer tape. Fees for a printed copy or extract of this data shall be in accordance with section 2-104. 2-125 (1983 CC, c 2, art 20, sec 2-125; am 1992, ord 92-43, sec 1; am 1996, ord 96-44, sec 3.) Section 2-126. Penalty. (a) Any person who uses information found on the voter registration computer tapes for any purpose other than for electioneering purpose shall be guilty of a misdemeanor. (b) Any person convicted of a misdemeanor under this article shall be fined not more than $1,000 or imprisoned not more than one year, or both. (1983 CC, c 2, art 20, sec 2-126.)2-126 Article 21. Repealed. Section 2-127. Repealed. (1983 CC, c 2, art 21, sec 2-127; rep 1993, ord 93-20, sec 1.)2-127 2-61 § 2-128 H AWAI‘I C OUNTY C ODE Section 2-128. Repealed. (1983 CC, c 2, art 21, sec 2-128; rep 1993, ord 93-20, sec 1.)2-128 Section 2-129. Repealed. (1983 CC, c 2, art 21, sec 2-129; rep 1993, ord 93-20, sec 1.)2-129 Section 2-130. Repealed. (1983 CC, c 2, art 21, sec 2-130; rep 1993, ord 93-20, sec 1.)2-130 Article 22. Disposal of County Equipment. Section 2-131. Director of finance; powers and duties. (a) The director of finance shall consider requests from any agency of the County which desires to dispose of any equipment, material, or supply not needed by such agency. The director of finance shall determine whether such equipment, material, or supply should be disposed of, and shall determine the manner and method by which any sale, exchange, or other disposition shall be made. (b) In performing the duties set forth in subsection (a), the director may request the agency involved to provide information concerning the property to be disposed. Such information may include, but is not limited to: (1) The kind of property and full description thereof; (2) Purposes for which the property is used; (3) Estimated value of the property; (4) Reasons for disposition; and (5) Offers, if any, made for the property. (1983 CC, c 2, art 22, sec 2-131.)2-131 Section 2-132. Disposition of proceeds. All moneys received from the sale or other disposition of any personal property shall be credited to the fund from which the purchase of the property was made, or to any other fund designated at the discretion of the director of finance. (1983 CC, c 2, art 22, sec 2-132.)2-132 Article 23. Federal Revenue Sharing Fund. Section 2-133. Federal revenue sharing fund. A special trust fund entitled “Federal revenue sharing fund” is hereby created for proper accounting of receipts and disbursements of funds received pursuant to State and Local Assistance Act of 1972 (Title 1, P.L. 92-512), effective October 20, 1972, by which Act the County will be receiving revenue sharing funds from January 1, 1972 to December 31, 1976, and is required to establish a trust fund for deposit of these funds. (1983 CC, c 2, art 23, sec 2-133.)2-133 2-62 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: (1) “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. (2) “Director” means the director of finance of the County. (3) “Grant” means an appropriation of public funds to a nonprofit organization for a public purpose. (4) “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. (5) “Nonprofit organization” means an organization organized for other than profit-making purposes and which has a current 501(c)3 tax-exemption from the Internal Revenue Code. (6) “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. (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.)2-136 2-63 § 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. No grant to a nonprofit organization shall be made unless the nonprofit organization meets the following criteria: (1) The nonprofit organization is chartered or otherwise authorized to do business in the State for charitable purposes and exempted from the Federal income tax by the Internal Revenue Service. (2) The purposes for which the nonprofit organization is organized provide benefits to the people of the County. (3) The service or activity to be provided by the nonprofit organization, and funded by the County, shall address educational concerns, culture and the arts, the 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. (4) The nonprofit organization has a governing board whose members serve without compensation and have no conflict of interest between their regular occupations and the services provided by the nonprofit organization. (5) The nonprofit organization has bylaws or policies which describe the manner in which business is conducted, including management, audit, and fiscal policies and procedures, policies on nepotism, and policies on management of potential conflict of interest. (6) 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. (7) The nonprofit organization must be licensed and accredited in accordance with applicable requirements of Federal, State and County laws. (1983 CC, c 2, art 25, sec 2-137; am 1986, ord 86-52, sec 2; am 2012, ord 12-136, sec 1.)2- 137 Section 2-138. Conditions for grants. Nonprofit organizations to whom a grant has been 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, or handicap; (3) Agree not to use any public funds for purposes of 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; 2-64 A DMINISTRATION §2-138 (5) Allow the director, the committees of the council and their staffs, and the legislative 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) Each nonprofit organization shall submit a disclosure form along with its grant application which lists any board member, officer, director or administrator that may have a conflict of interest or potential conflict of interest, including any familial relationship with any of the following: (A) A member or members of the council; (B) Staff appointed by a member of the council; (C) The mayor; (D) The managing director; (E) The director of finance; or (F) The corporation counsel, the assistant corporation counsel, or a deputy corporation counsel. The disclosure form shall specify any and all mitigation measures to avoid, in fact or appearance, any conflict of interest. 2-138 (1983 CC, c 2, art 25, sec 2-138; am 1986, ord 86-52, sec 2; am 2012, ord 12-136, sec 1.) Section 2-139. Procedure for awarding grants. (a) All grant awards made to a nonprofit organization by the County shall be made in accordance with one of the following procedures: (1) Grants-in-aid awarded annually in the operating budget: (A) Annually, before November 30, the director shall, for the purpose of soliciting applications, establish a sum of at least $2,500,000 to be available in the ensuing fiscal year for funding requests by nonprofit organizations. The director shall publish a notice soliciting applications in two newspapers of general circulation within the County by November 30. (B) All applications for grants shall be submitted to the director on or before January 31 preceding the County’s fiscal year, which begins on July 1. Applications shall be prepared on forms provided by the director. Applications not in conformance with the requirements of this Code may be rejected. All application forms shall include detailed information on specific, measurable outcomes and public benefits to be derived from the expenditure of County funds. (C) The director shall submit to the council all qualifying applications as provided in sections 2-137 and 2-138 for its review and appropriation of funds. Site visitations of nonprofit organizations submitting complete applications may be conducted by the council and its designated staff, as deemed necessary by the chair of the appropriate committee, after SUPP. 7 (1-2020) 2-65 § 2-139 H AWAI‘I C OUNTY C ODE January 31 but prior to final action on the operating budget by the council. Any site visitations shall be publicly noticed and conducted in a manner that allows flexible councilmember participation and designated staff support. (D) Upon favorable action by the council to appropriate funds for the grant, a written contract shall be prepared with the nonprofit organization which shall meet all legal requirements of the County and shall include program, fiscal, and audit reporting requirements sufficient to allow the director, the legislative auditor, or council to effectively monitor and evaluate the use of the grant funds. Agencies shall be notified by the director of their funding or lack thereof by August 31. (2) Grants from district contingency relief funds: (A) Appropriations from the district contingency relief account shall be transferred to an accepting County department/agency via resolution identifying the nonprofit organization and the specific program, project, event, activity, service, equipment, materials, or supplies for which the grant shall be used. (B) Any equipment purchased by a nonprofit organization shall be domiciled with that nonprofit organization, which shall assume any and all liability for such equipment. (C) A contract shall be prepared with the nonprofit organization which shall meet all legal requirements of the County and shall include program, fiscal, and audit reporting requirements sufficient to allow the legislative 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 an ordinance or 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 an ordinance or 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 public purpose projects or programs upon written request of a funding agency or 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 director of finance. 2-66 A DMINISTRATION §2-139 (b) In the event that a grantee organization is unable or unwilling to provide the public service(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 decision. 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 the district contingency relief, 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 finance 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.)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. SUPP. 7 (1-2020) 2-67 § 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 director shall adopt rules as may be necessary to meet the requirements of 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 except for a maximum ten percent for administrative and overhead costs.” (1986, ord 86-62, sec 2; am 2012, ord 12-136, sec 1.)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 SUPP. 6 (7-2019) 2-68 A DMINISTRATION §2-144 Section 2-144. \[Former\] Repealed. (1983 CC, c 2, art 26, sec 2-144; rep 1997, ord 97-81, sec 1.) Section 2-144. Salary schedule. The appointing authorities shall set the salaries for deputies within their offices; provided no deputy shall be compensated at a rate which is less than fifty percent nor more than ninety percent of the salary which has been established for the prosecuting attorney or corporation counsel, whichever is higher. The department head shall set the salary for the individual deputies based upon the individual’s professional experience and performance. (1997, ord 97-81, sec 1.)2-144 Section 2-145. Repealed. (1983 CC, c 2, art 26, sec 2-145; rep 1997, ord 97-81, sec 1.) Section 2-146. Repealed. (1983 CC, c 2, art 26, sec 2-146; rep 1997, ord 97-81, sec 1.) Section 2-147. Repealed. (1983 CC, c 2, art 26, sec 2-147; rep 1997, ord 97-81, sec 1.) Section 2-148. Repealed. (1983 CC, c 2, art 26, sec 2-148; am 1988, ord 88-57, sec 2; rep 1997, ord 97-81, sec 1.) Section 2-149. Repealed. (1983 CC, c 2, art 26, sec 2-149; am 1988, ord 88-57, sec 3; rep 1997, ord 97-81, sec 1.) Section 2-150. Repealed. * (1983 CC, c 2, art 26, sec 2-150; rep 1997, ord 97-81, sec 1.) * Editor’s Note: Section 2-150, “Salary Schedule,” was renumbered 2-144 by Ordinance 97-81 and consequently no longer exists. Article 27. Numbering, Form, Revision of Ordinances; Supplementation of Hawai‘i County Code. Section 2-151. Numbering of ordinances. All ordinances of the County shall receive a number assigned by the County clerk consisting of the last two digits of the calendar year during which the ordinance was adopted, followed by a hyphen and a number corresponding to the order in which the ordinance was adopted during the calendar year. (1983, ord 911, sec 1.)2-151 2-69 § 2-152 H AWAI‘I C OUNTY C ODE Section 2-152. Form of ordinances amending the Hawai‘i County Code. All bills and ordinances amending the Hawai‘i County Code shall refer to the chapter, article, division, section, and subsection to be amended and shall be written in the form prescribed by the corporation counsel. (1983, ord 911, sec 1.)2-152 Section 2-153. Revision of ordinances; supplementation of Hawai‘i County Code. (a) Semiannually, the County clerk shall prepare for publication a loose-leaf supplement to the Hawai‘i County Code. The supplement shall contain all ordinances of a general and permanent nature enacted subsequent to the last revision, republication, or supplement to the Hawai‘i County Code. (b) In preparing the supplement to the Hawai‘i County Code or the republication of a new edition, the County clerk shall review all ordinances to be included and may: (1) Number and renumber chapters, sections, and parts of sections; (2) Rearrange sections; (3) Change reference numbers to agree with renumbered chapters, divisions, or sections; (4) Substitute the proper section or chapter numbers for the terms “the preceding section,” “this ordinance,” and like terms; (5) Strike out figures where they are merely a repetition of written words; (6) Change capitalization for the purpose of uniformity; (7) Correct manifest clerical or typographical errors; (8) Correct the spelling of Hawaiian words and names; (9) Change any male or female gender term to a term which is neutral in gender when it is clear that the ordinance is not applicable only to members of one sex without altering the sense, meaning, or effect of any act; and (10) Make such other changes in any ordinance incorporated in the supplements as shall be necessary to conform the style thereof as near as may be with that of the last revision of the Hawai‘i County Code; provided that the changes shall not alter the sense, meaning or effect of any ordinance. The matter set forth in the supplements shall be prima facie evidence of the law. (c) The County clerk shall prepare and publish a June 30, 2005 edition of the Hawai‘i County Code. After republication, the County clerk and the director of information technology shall ensure that the Hawai‘i County Code is posted on the county’s website and is updated as soon as possible at the end of each quarter. Use of the Code on the county website, however, is at the sole risk of the user. The County makes no warranty or representation of any kind regarding its content and shall not be held responsible for any unintentional omission, addition, or error in or loss of service or data; or for any breakdown, interruption, or delay in service. (1983, ord 911, sec 1; am 2005, ord 05-69, sec 2; am 2011, ord 11-103, sec 4.)2-153 2-70 A DMINISTRATION § 2-154 Article 28. County Seal. Section 2-154. County seal description. (a) The seal of the County shall be circular in shape, approximately two inches in diameter, and the design being described as follows: (1) Description — A Hawaiian scene showing the mountain, the sun, coconut trees and a canoe on the ocean. (2) Supporters — In the center of the seal, coconut trees are shown below an erupting mountain, flanked on the right by the sun with beaming rays. The lower half of the seal shows the ocean with a man in an outrigger canoe. The outside of the seal is surrounded by the legend “County of Hawai‘i — State of Hawai‘i.” (3) Motto — “Ola Na Moku,” meaning the Islands Prosper, is also shown on the seal. (b) A line drawing or replica of the County seal described in subsection (a) is shown as follows: (c) The impress of the County seal described in subsection (a) is shown as follows: (1985, ord 85-28, sec 1; am 1990, ord 90-52, sec 2.)2-154 2-71 § 2-155H AWAI‘I C OUNTY C ODE Section 2-155. Unauthorized use of seal and penalties. (a) Whoever knowingly displays any facsimile of the seal of the County in, or in connection with, any advertisement, poster, or circular, for the purpose of conveying, or in a manner reasonably calculated to convey a false impression of sponsorship or approval by the County or by any department, agency, or instrumentality thereof, shall be guilty of a misdemeanor. The preceding provision shall not be construed to apply to the use of a facsimile of the seal in any newspaper, periodical, book, pamphlet, or stationery where the facsimile of the seal is printed for informational purposes only to indicate that any article or printed matter therein originated from authorized sources of the County. (b) Whoever, except when authorized in writing by the County council for official use of the County, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any facsimile of the seal of the County, or any substantial part thereof, shall be guilty of a misdemeanor. The word “sell” shall be broadly construed to include transactions involving cash donations to the seller and/or the seller’s agent or representative. (c) The word “facsimile,” as used in this section, shall be the use of the seal as described or impressed or the gold color replica or any combination thereof found in section 2-154 of this article. (1985, ord 85-28, sec 1.)2-155 Article 29. Self-Insurance Fund. Section 2-156. Creation of fund. Pursuant to section 10-12, Hawai‘i County Charter, a special fund to be known as the self-insurance fund is hereby created. (1986, ord 86-35, sec 2.)2-156 Section 2-157. Funding. The self-insurance fund shall be funded by an initial appropriation of $500,000. Thereafter, there shall be an annual appropriation to the self-insurance fund in an amount to be determined by the mayor and County council. (1986, ord 86-35, sec 2.)2-157 Section 2-158. Expenditures from the self-insurance fund. Subject to approval by the County council, the moneys in the self-insurance fund shall only be utilized as follows: (1) When the amount in the self-insurance fund is less than $3,000,000, the fund shall only be used to pay claims, settlements, and judgments, exclusive of workers’ compensation claims, against the County where the amount of such claim, settlement, or judgment is in excess of $1,000,000. 2-72 A DMINISTRATION § 2-158 (2) When the amount in the self-insurance fund is more than $3,000,000, the fund shall be used to pay all claims, settlements, and judgments against the County, exclusive of workers’ compensation claims. (1986, ord 86-35, sec 2.)2-158 Section 2-159. Dissolution of the fund. The self-insurance fund may not be dissolved or used for any purpose not specified in section 2-158, unless such dissolution or nonspecified use is approved by the unanimous vote of the County council. (1986, ord 86-35, sec 2.)2-159 Section 2-160. Administration of the fund. The director of finance shall administer the special self-insurance fund which shall include investment of the fund. (1986, ord 86-35, sec 2.)2-160 Article 30. Gifts or Donations; Dedications. Section 2-161. Gifts or donations. For the purposes of this article, gifts and donations as accepted on behalf of the County shall mean money, securities, or other personal property or real estate (hereinafter referred to as “real property”) or any interest in real property. (1992, ord 92-147, sec 1; am 2003, ord 03-148, sec 2.)2-161 Section 2-162. Procedures of acceptance; money, securities, or personal property. (a) Except as otherwise provided in this article, gifts or donations of money, securities, or personal property which fall within the capitalization procedures of the department of finance may be accepted by resolution approved by the council. (b) A gift or donation of money, securities, or personal property not covered by the capitalization procedures shall be submitted to the council by letter for its approval. (1992, ord 92-147, sec 1; am 2003, ord 03-148, sec 2.)2-162 Section 2-162.1. Procedures for accepting money, securities, personal property or real property derived from community benefit assessments or conditions of land use approvals. (a) Except as provided under the park dedication code, a gift or donation of money, securities, personal property or real property which is to be derived or acquired as a result of a community benefit assessment or by any condition of land use approval issued by the County or any of its agencies (including the council) shall only be accepted after consultation with and approval by the County council pursuant to this section. Likewise, any in-lieu determinations by the planning director shall be subject to the review and approval of the council. 2-73 § 2-162.1 H AWAI‘I C OUNTY C ODE The planning department shall maintain a listing of all community benefit assessments and exactions on permit or approval conditions, and shall submit an annual report on the same to the council on or before the first day of March for the council’s review and use in the formulation of the capital budget and long-term strategic plan for the County. The report shall include, as a minimum, the following information: (1) The name of the relevant parties, landowners, donors, contributions; (2) The identification of the permit or approval name and number; (3) The nature and extent of the assessments or exactions, and the method by which any undetermined assessments or exactions are to be determined, valued and applied; (4) The deadlines and other timetables in which the assessments or exactions are to be determined and delivered or performed; (5) Financial impact statements for the assessment or exaction reported. (b) The dedication of roads and/or other infrastructure required as part of land use approvals shall be transmitted by resolution to the council using the procedure set forth in section 2-162.2, provided the department(s) or agency(ies) having oversight and maintenance of the infrastructure to be dedicated has been consulted, performed all necessary inspections, and recommends approval pursuant to the Hawai‘i County Code. (1992, ord 92-147, sec 1; am 2003, ord 03-148, sec 2.)2-162.1 Section 2-162.2. Procedures for acceptance; other real property. A gift or donation of real property, which is not derived from a community benefit assessment or condition of land use approval, shall be processed in the following manner: (1) An offer to donate real property shall be submitted in writing from the donor to the director of finance (hereinafter referred to as the “director”). (2) The offer shall state the purpose of the donation and shall include a copy of the recorded deed, any maintenance or association agreements, conditions, covenants and restrictions (CC&R’s), and any reservation and encumbrances attached to the real property. (3) The donor shall also provide any other information or documentation regarding the real property as the director may request. (4) The director shall transmit the offer to appropriate departments and agencies, including but not limited to the departments of public works, planning, and water supply, and real property tax office, for their review and comment. The director shall then forward to the council a status of real property taxes due, including delinquencies, interest and penalties, a recommendation and a proposed resolution. 2-74 A DMINISTRATION § 2-162.2 (5) The council may not accept the donation of real property unless there is a finding that the acceptance of the subject real property is in the public interest. (6) If the real property is accepted, transfer documents shall be prepared by the County. (2003, ord 03-148, sec 2.)2-162.2 Article 31. Sister City Relationships. Section 2-163. Purpose. The purpose of this article is to establish criteria and formal procedures for the establishment and maintenance of sister city relationships. (1993, ord 93-31, sec 1.)2-163 Section 2-164. Criteria. The County of Hawai‘i may consider the establishment of a sister city relationship with a city or county that: (a) Shares a direct historical, cultural, or ethnic relationship with the people of the County of Hawai‘i; (b) Offers reciprocative educational, technological, or economic benefits, including special knowledge, know-how or expertise that is beneficial to the County of Hawai‘i’s businesses, industries, and labor force; (c) Is similar in population size or character to the County of Hawai‘i which makes for analogous problems and concerns and the opportunity to exchange meaningful ideas and applicable solutions for either or both places; or (d) Recognizes other common bonds that are mutually beneficial to the citizens of both places and serve as a liaison for the exchange of information and other lifestyle and practical values. (1993, ord 93-31, sec 1; am 2003, ord 03-117, sec 2.)2-164 Section 2-165. Establishment of sister city relationship. (a) The sister city relationship shall be established by the adoption of a council resolution approving the establishment of the sister city tie and the signing of a formal agreement between the mayor of the County of Hawai‘i and the appropriate public official of the proposed sister city that such ties exist. The agreement shall contain a proposed program, developed by the office of the mayor and the proposed sister city, that will be instituted by both places to make these ties lasting and purposeful. (b) County funds shall be appropriated to provide for the exchange of gifts or goodwill missions to promote the newly established sisterhood and the concept of mutual understanding. Such goodwill missions may include student exchanges, art, cultural or industrial exhibits and athletic team visits. (c) Any sister city relationship in which there is a failure to implement the agreement or to exchange gifts or goodwill missions within a five year period may result in the termination of the agreement and relationship by council resolution. 2-75 § 2-165 H AWAI‘I C OUNTY C ODE (d) Existing sister cities which have been active during the five years prior to the enactment of this article, and which continue to be active, shall not be required to comply with this article. An existing sister city shall be deemed to be active if there has been an exchange of gifts or goodwill missions within a five year period. (1993, ord 93-31, sec 1; am, ord 93-102, sec 1; am 2003, ord 03-117, sec 2.)2-165 Section 2-166. Protocol officer. (a) A protocol officer, who shall be designated by the mayor, shall be responsible for the implementation and monitoring of the formal agreement signed by the County of Hawai‘i and the sister city. The protocol officer serves at the discretion of the mayor for the term of office of the mayor and may be removed by the mayor. (b) The protocol officer shall be responsible for informing the County of Hawai‘i’s existing sister cities of the terms and conditions of this article. (c) The protocol officer shall submit an annual report by July 31 to the council covering the prior period July 1 to June 30 summarizing the activities conducted with the County of Hawai‘i’s sister cities and identifying the sister cities for which no activity has occurred within five years. (d) Upon the recommendation of the protocol officer that a sister city relationship should be terminated pursuant to section 2-165(c), the mayor may submit a resolution to the council terminating the sister city relationship. Prior to initiating the termination resolution, the protocol officer shall notify, in writing, principals involved in the sister city relationship, such as local business and cultural groups, about the county’s intent to terminate the sister city relationship. This subsection shall not preclude the council from initiating a termination resolution. (1993, ord 93-31, sec 1; am, ord 93-102, sec 1; am 2003, ord 03-117, sec 2.)2-166 Article 32. Recovery of Rescue Expenses. Section 2-167. Definitions. As used in this article the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: (a) “County” means the County of Hawai‘i. (b) “Gross negligence” means conduct which is either intentional or committed under circumstances exhibiting a reckless disregard for the safety of oneself or of others. (c) “Person” means any individual, corporation, association, partnership, firm, trustee, or legal representative. (d) “Recoverable expenses” means those expenses that are reasonable, necessary and allocable to the rescue operation. Recoverable expenses shall not include normal expenditures that are incurred in the course of providing what are traditionally local services and responsibilities, such as routine fire fighting. Expenses allowable for recovery may include, but are not limited to: (1) Materials and supplies acquired, consumed and expended specifically for the purpose of the rescue operation. (2) Compensation of employees for the time and efforts devoted specifically for the purpose of the rescue operation. 2-76 A DMINISTRATION §2-167 (3) Rental or leasing of equipment used specifically for the rescue operation such as protective equipment or clothing, scientific and technical equipment, helicopters, boats or bulldozers. (4) Repair costs for equipment owned by the County that is damaged during the rescue operation. (5) Replacement costs for equipment owned by the County that is damaged beyond use or repair, if the equipment was a total loss and the loss occurred during the rescue operation. (6) Special technical services specifically required for the rescue operation such as costs associated with the time and efforts of technical experts or specialists not otherwise provided by the County. (7) Other special services specifically required for the rescue operation. (8) Medical expenses incurred as a result of the rescue operation. (9) Legal expenses that may be incurred as a result of the rescue operation, including efforts to recover expenses pursuant to this article. (e) “Rescue operation” means the effort to free or remove an individual or individuals placed in a situation of distress or peril from any confinement, violence or danger. (1993, ord 93-77, sec 1.)2-167 Section 2-168. Gross negligence. Any and all persons who, because of gross negligence, cause or contribute to the placement of an individual or individuals in a situation of distress or peril which results in a rescue operation shall be liable to the County for all recoverable expenses resulting from the rescue operation. This shall be in addition to any and all penalties provided by law. (1993, ord 93-77, sec 1.)2-168 Section 2-169. Recovery of expenses. (a) County personnel and departments involved in a rescue operation shall keep an itemized record of recoverable expenses resulting from the rescue operation. Promptly after completion of the rescue operation, the appropriate department shall certify those expenses to the office of the corporation counsel. (b) Submission of Claim. The office of the corporation counsel, on behalf of the County, shall submit a written itemized claim for the total recoverable expenses incurred by the County for the rescue operation to the responsible person or persons and a written notice that unless the amounts are paid in full within thirty days after receipt of the claim and notice, the County will file a civil action seeking recovery for the stated amount. (c) Civil Suit. The County may bring a civil action for the recovery of all recoverable expenses against any and all persons causing or responsible for the placement of the individual or individuals in a situation of distress or peril which results in a rescue operation. (1993, ord 93-77, sec 1.)2-169 2-77 § 2-170 H AWAI‘I C OUNTY C ODE Article 33. Development Agreement with the State for Mass Transportation Programs. Section 2-170. Authorization to executive branch. The executive branch, with the concurrence of the council by resolution, shall be authorized to enter into a development agreement with the governor of the State of Hawai‘i pursuant to section 51D-5*, Hawai‘i Revised Statutes, for the purposes of the support and/or development of mass transportation programs. The development agreement shall: (1) Describe the type of mass transportation project, the areas to be served, and anticipated ridership; (2) Provide a breakdown of costs and identify the anticipated funding sources, including the amount being requested from the transit fund and the source of County matching funds, together with a phasing schedule of both costs and funding sources, and a breakdown of actions taken or required to be taken in order to provide for such matching funds; (3) Provide a schedule of disbursements from the transit fund which shall be allowed; (4) Provide a timetable for the development of the mass transportation project; and (5) Provide for amendment at any subsequent time by mutual consent of the parties, subject to legislative disapproval as provided for in this section. (1992, ord 92-10, sec 2.)2-170 * Editor’s Note: Chapter 51D, Hawai‘i Revised Statutes, was repealed. Article 34. Fees and Charges for Special Duty Services of the Hawai‘i County Police Department. Section 2-171. Definition. “Special duty” means the performance of a service for a person, organization, or governmental entity, other than the police department, by an officer of the Hawai‘i County police department acting in a police capacity, in return for which the officer receives a direct or indirect payment or compensation of some kind. (1994, ord 94-86, sec 1.)2-171 Section 2-172. Administration. The chief of police shall be responsible for the administration of the processing of requests for the services of special duty police officers of the Hawai‘i County police department. (1994, ord 94-86, sec 1.)2-172 2-78 A DMINISTRATION § 2-173 Section 2-173. Fees for special duty requests. Any person or entity requesting the services of a special duty police officer shall be assessed an administrative fee in accordance with the rules established by the chief of police. This fee shall be assessed by the police department and shall be in addition to any charge assessed for the services of the special duty police officer. (1994, ord 94-86, sec 1.)2-173 Section 2-174. Waiver. The chief of police may waive the administrative fee when the special duty services are for an event or activity mandated by law or conducted by the Federal, State, or County government. The chief of police shall not waive the administrative fee when special duty services are provided to a private person or entity performing pursuant to a government contract or to the renting or leasing of a government facility for a nongovernmental event. (1994, ord 94-86, sec 1.)2-174 Section 2-175. Rules and regulations. The chief of police shall adopt rules and regulations in accordance with chapter 91, Hawai‘i Revised Statutes governing the processing of requests for special duty police officers, including the fees assessed for services of special duty police officers. (1994, ord 94-86, sec 1.)2-175 Section 2-175.1. Employment of staff; funding. The chief of police is empowered to employ personnel to carry out the purpose of this article. All employee costs, including fringe benefits, shall be provided from fees collected pursuant to section 2-173 of this article. Employment of such personnel shall be contingent on an adequate level of funding being generated by the fees collected to cover all costs. (1996, ord 96-11, sec 1.)2-175.1 Article 35. Geothermal Asset Fund. Section 2-176. Creation of fund. (a) Pursuant to section 10-12, Hawai‘i County Charter, a special fund to be known as the geothermal asset fund is created. (b) The Geothermal asset fund shall be funded by payments made by Puna Geothermal Venture, a Hawai‘i Partnership, its successors or assigns and the State of Hawai‘i for the purpose of compensating persons impacted by geothermal energy development activities pursuant to the provisions incorporated in Geothermal Resource Permit No. 2. (c) Payments from the asset fund shall be administered and expended in accordance with rules, regulations, and procedures developed for that purpose and adopted by the windward planning commission in accordance with chapter 91, Hawai‘i Revised Statutes. 2-79 § 2-176H AWAI‘I C OUNTY C ODE (d) Expenses incurred by the windward planning commission such as administrative costs related to geothermal resource permits, geothermal development compliance activity, and processing of claims against the asset fund shall not be charged to the asset fund. (e) All interest and earnings accrued from the money and assets deposited in the asset fund shall be expended for the purposes for which this fund has been created. (f) No claim made pursuant to this section will be deemed a claim against the county, nor will the payment of any claim be construed as an admission of fault by the county or its officers, employees or agents. (g) The denial of any claim made under this Geothermal Asset Fund, in whole or in part, shall not prevent the claimant from pursuing any other remedy at law against the geothermal permittee and State of Hawai‘i. (1995, ord 95-74, sec 1; am 2009, ord 09-118, sec 12.)2-176 Article 36. Geothermal Relocation and Community Benefits Program. Section 2-177. Establishment. The planning department is hereby authorized to establish a geothermal relocation and community benefits program for the relocation of owner-occupants residing near the Puna Geothermal Venture’s plant and who want to be permanently relocated, and to fund expenditures for the benefit of Lower Puna, as defined herein, including, but not limited to, road improvements, water infrastructure development, land acquisition, parks and recreational facility needs, civil defense and mass transit improvements. (1996, ord 96-2, sec 1; am 2008, ord 08-37, sec 1.)2-177 Section 2-178. Purchase and sale of affected properties. Notwithstanding any other provision of this Code, the planning director is hereby authorized to purchase the affected properties by negotiation for not more than one hundred thirty percent of the assessed value, as determined by the real property tax division of the department of finance and dispose of the affected properties by public auction or pursuant to article 19 of chapter 2, with the exception of the requirement for council resolution found in section 2-111(1). (1996, ord 96-2, sec 1; am 2008, ord 08-37, sec 1.)2-178 Section 2-179. Creation of geothermal relocation and community benefits fund. Pursuant to section 10-12, Hawai‘i County Charter, the special fund known as the geothermal relocation revolving fund is hereby renamed the geothermal relocation and community benefits fund. This fund shall be administered by the planning department. (1996, ord 96-2, sec 1; am 1998, ord 98-25, sec 1; am 2008, ord 08-37, sec 1.)2-179 2-80 A DMINISTRATION § 2-180 Section 2-180. Funding. The geothermal relocation and community benefits program shall be funded by proceeds from the following sources: (1) Geothermal royalties received from the department of land and natural resources. (2) Proceeds from the sale of properties purchased under this program. (3) Rental fees from any of the properties purchased under this program. (1996, ord 96-2, sec 1; am 2008, ord 08-37, sec 1.)2-180 Section 2-181. Expenditures from fund. The proceeds from the fund shall be used for the necessary expenses in administering and carrying out the purposes of the geothermal relocation and community benefits program. A minimum balance of $1,000,000 shall be maintained in the fund for expenditures relating to geothermal relocation. Expenditures relating to the geothermal relocation and community benefits program include, but are not limited to: (1) The costs of any necessary appraisals required under this program; (2) The payment of necessary fees and expenses; (3) The costs for the purchase of an affected dwelling and property in accordance with this chapter, if necessary; (4) The costs necessary to dispose of or rent affected dwelling and property; and (5) Expenditures for public purposes including road improvement, water infrastructure, land acquisition, parks and recreational facility needs, civil defense, and mass transit improvements. (A) Funds shall be expended in Lower Puna, which is defined as extending from Hawaiian Paradise Park subdivision to Kalapana and including Orchidland Estates, Ainaloa, Hawaiian Beaches, Hawaiian Shores, (B) Expenditures under this subsection shall be made in accordance with appropriations adopted by the Hawai‘i County Council after receiving recommendations from the planning director. (1996, ord 96-2, sec 1; am 2008, ord 08-37, sec 1.)2-181 Section 2-182. Promulgation authority. The planning director is authorized to promulgate rules and regulations for implementation of the relocation program. (1996, ord 96-2, sec 1.)2-182 2-81 § 2-183H AWAI‘I C OUNTY C ODE Article 37. Family Violence Advisory Commission. Section 2-183. Organization. There shall be a commission composed of a minimum of nine but not to exceed fifteen members who shall be appointed by the mayor and may be removed by the mayor. The commission shall: (1) Prevent and reduce family violence in the County of Hawai‘i by addressing island-wide issues and ramifications of family violence. (2) Promote public awareness and education about family violence in the County of Hawai‘i. (3) To act to improve upon services offered to victims and their families. (4) Promote and facilitate inter-agency training on the dynamics of family violence. (5) Identify community concerns and assist with the study and investigation of resources, activities and political attitudes in the community that would assist the commission to address family violence. (6) Enhance communication, promote cooperation and coordinate services between member agencies. (7) Offer judicial and inter-agency training to provide the impetus for preventive measures and education directed at the community-at-large with emphasis on our children and youth. (1997, ord 97-111, sec 1.)2-183 Section 2-184. Membership and tenure. (a) All members shall be appointed by the mayor and shall serve terms co-terminus with that of the mayor, which automatically ends at 12:00 noon on the first Monday of December following any mayoral election. (b) At the discretion of the mayor, reappointments are permissible. (c) Ex officio membership shall be permitted but these members shall not have voting privileges or qualify for mileage and other financial reimbursements. Ex officio members shall be selected according to their knowledge and experience in dealing with family and domestic violence. (d) Any vacancy may be filled upon the recommendation of the commission and approval of the mayor. (e) Members shall receive no compensation but shall be reimbursed mileage and other expenses as preapproved by the commission. (1997, ord 97-111, sec 1.)2-184 Section 2-185. Oath of affirmation. Before entering upon the duties of their office, each member shall subscribe to an oath of affirmation before some person duly qualified to administer oaths. (1997, ord 97-111, sec 1.)2-185 2-82 A DMINISTRATION § 2-186 Section 2-186. Rules of procedure; quorum; meetings. The commission shall have the authority to establish its rules of procedure for the conduct of its business. It shall specify that a quorum shall be at least fifty percent of the total commission’s membership. All proceedings of the commission shall be in conformation to the requirements of chapter 92, Hawai‘i Revised Statutes, Public Agency Meetings and Records (Sunshine Law). (1997, ord 97-111, sec 1.)2-186 Section 2-187. Powers and duties of the commission. (a) It shall be the duty of the commission to act in an advisory capacity to the mayor concerning matters pertaining to the subject of domestic and family violence and the commission’s effort to reduce and prevent domestic and family violence in the County of Hawai‘i, to act to improve upon the services to victims and their families, to increase public awareness and education about family violence throughout the island of Hawai‘i, to recommend and assist in the implementation of procedural and other changes within the agencies and organizations to further the goals of the commission and to recommend and assist in the creation of such entities as it finds necessary to implement and carry out those goals. The commission shall enhance communication, promote cooperation and coordinate services between member agencies in order to seek overall improvement of services to the public and avoid costly duplication of services. The commission shall, from time to time, inquire of agencies as to their goals and objectives in furthering the purposes of the commission. (b) The commission shall initiate and pursue efforts to secure Federal, State, County and private sector grants and funding to carry out its goals and objectives. (1) It shall serve as the repository of said funds or shall provide a mechanism to do so and shall be responsible for the timely accounting of same. (1997, ord 97-111, sec 1.)2-187 Article 38. Claims and Actions Against County Officers, Employees and Former Employees. Section 2-188. Defense by the County; punitive damages. (a) Notwithstanding any other provision of law, if a civil complaint is filed against an officer, employee or former employee and exemplary or punitive damages are requested, the County is authorized to pay that part of a judgment that is for punitive or exemplary damages upon adoption of a resolution by the council, which finds all of the following: (1) The act or omission of the officer, employee or former employee was done within the course and scope of that person’s employment as an employee of the County, unless that determination has already been made pursuant to State law. 2-83 § 2-188H AWAI‘I C OUNTY C ODE (2) At the time of the act giving rise to the liability, the action or failure to act of the officer, employee or former employee was in good faith, without actual malice, to serve the County and in the apparent best interests of the County. (3) Payment of the claim or judgment would be in the best interests of the County. (4) It is in the public interest to indemnify the officer, employee or former employee for all damages that may be assessed, including punitive damages, so that the corporation counsel may represent such named officer, employee or former employee. (b) Representation by the corporation counsel of such officer, employee or former employee is not an admission of liability by the council of the County of Hawai‘i. (c) Nothing in this article shall affect any code or judicially established decree prohibiting the award of punitive damages against the County nor shall it be construed as a waiver of any immunity the County might possess, including a waiver of the County’s immunity from liability for punitive damages under section 1981, 1983, or 1985 of title 42 of the United States Code. (1998, ord 98-86, sec 2.)2-188 Article 39. Workforce Innovation and Opportunity Act Program. Section 2-189. Established. There is established, within the County of Hawai‘i, a Workforce Innovation and Opportunity Act program which shall be under the direction and supervision of the mayor. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-189 Section 2-190. Purpose. The purpose of this program is to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy by implementing the Workforce Innovation and Opportunity Act of 2014. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-190 Section 2-191. Powers and duties. The County shall have, without limitation, all powers necessary and appropriate to carry out its duties and functions under the Workforce Innovation and Opportunity Act of 2014. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-191 Section 2-192. Workforce innovation and opportunity board. (a) A workforce innovation and opportunity board, subject to certification by the governor of the State, is established. Pursuant to the Workforce Innovation and Opportunity Act of 2014, its: (1) Members shall be appointed by the mayor. 2-84 A DMINISTRATION § 2-192 (2) Membership shall include representatives of government agencies, education, labor, and business and satisfy the Act’s requirements. (3) Chairperson must be elected from among the business representatives. (b) The board shall have all powers, duties, and functions required to implement within the Island of Hawai‘i, in partnership with the mayor, the Workforce Innovation and Opportunity Act of 2014. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-192 Section 2-193. Creation of fund. Pursuant to section 10-12, Hawai‘i County Charter, a special fund to be known as the Workforce Innovation and Opportunity Act program fund is established. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-193 Section 2-194. Funding. The Workforce Innovation and Opportunity Act program shall be funded by Federal grants, County funds, State funds, or a combination thereof. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2; am 2018, ord 18-34, sec 2.)2-194 Section 2-195. Expenditures from fund. The proceeds from the fund shall be used for the necessary expenditures of administering and carrying out the Workforce Innovation and Opportunity Act of 2014. Every expenditure shall comply with the requirements of that law. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2; am 2021, ord 21-82, sec 2.)2-195 Section 2-196. Impairment of Federal funds. If any part of the Charter, this Code, or this article is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the County, under the Workforce Innovation and Opportunity Act of 2014, the conflicting part of the Charter, this Code, or this article is inoperative to the extent of the conflict and with respect to the agencies directly affected. This finding shall not affect the operation of the remainder of these laws in their application to the agencies concerned. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-198 Section 2-197. Termination of fund. Upon either the termination of the Workforce Innovation and Opportunity Act of 2014, or the withdrawal of the County from participation in the program, the Workforce Innovation and Opportunity Act program fund shall be terminated. Prior to termination, any remaining proceeds in the fund shall be disposed of in accordance with federal requirements. (2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-197 SUPP. 11 (1-2022) 2-85 § 2-198 H AWAI‘I C OUNTY C ODE Article 40. Department of Environmental Management. Section 2-198. Definitions. “Department” means the department of environmental management. “Director” means the director of the department of environmental management. “Commission” means the environmental management commission. (2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 4.)2-198 Section 2-199. Composition of department. There shall be a department of environmental management consisting of a director, the necessary staff and an environmental management commission. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1.)2-199 Section 2-200. Statement of policy. The department of environmental management is established to protect, preserve, and enhance our environment by promoting the wise management of our waste. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1.)2-200 Section 2-201. Appointment and qualifications of department head. The director of environmental management shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall have had a minimum of five years’ administrative experience in a related field and either an engineering degree or a degree in a related field. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 5.)2-201 Section 2-202. Powers, duties, and functions. The department of environmental management shall manage solid waste, wastewater, and recycling programs of the County, and exercise other functions as prescribed by the mayor or prescribed by ordinance. The department shall administer this article as well as chapters 20 and 21 through the director. The director may delegate to any person such power and authority vested in the director as the director deems reasonable and proper for the effective administration of these chapters, except the power to make rules. The director may adopt, amend, and repeal rules relating to solid waste, wastewater, and recycling. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 5.)2-202 Section 2-203. Divisions within department. The department of environmental management shall be divided under the director into the following divisions: (1) Solid Waste Division. The solid waste division shall be responsible for the construction, maintenance, and operation of all solid waste and recycling programs and facilities operated by and for the County. (2) Wastewater Division. The wastewater division shall be responsible for the construction, maintenance, and operation of all sewage programs and facilities operated by and for the County. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 5.)2-203 SUPP. 11 (1-2022) 2-86 A DMINISTRATION §2-204 Section 2-204. Enforcement. (a) If the director determines that any person has violated or is violating any provision of this article, chapter 21, or any rule adopted pursuant to these chapters, the director may do any one or more of the following: (1) Issue an order assessing an administrative penalty for any past or current violation; (2) Require compliance immediately or within a specified time; and (3) Commence a civil action in the circuit court for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief. (b) Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 2-206. (c) Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the commission for a hearing at a time and place specified in the notice and answer the charges complained of. (d) Any hearing conducted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the commission finds that a violation or violations have occurred, the commission shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders for the prevention, abatement, or control of the violation or disposals involved, or for the taking of such other corrective action as may be appropriate. If, after a hearing on an order or penalty contained in a notice, the commission finds that no violation has occurred or is occurring, the commission shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the violation or disposals. (e) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the County to collect the administrative penalty which shall be a government realization. In any proceeding to collect the administrative penalty imposed, the director need only show that: SUPP. 9 (1-2021) 2-87 § 2-204 H AWAI‘I C OUNTY C ODE (1) Notice was given; (2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing; (3) The administrative penalty was imposed; and (4) The penalty remains unpaid. (2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 6.)2-204 Section 2-205. Penalties. Any person who violates this chapter, chapter 21, any rule adopted pursuant to these chapters, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action. (2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 7.) 2-205 Section 2-206. Administrative penalties. In addition to any other administrative or judicial remedy, the director is authorized to impose by order the penalties specified in section 2-205. If any party is aggrieved by the decision of the commission, the party may appeal in the manner provided in chapter 91 to the circuit court; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by a court of competent jurisdiction. (2005, ord 05-22, sec 1.)2-206 Section 2-207. Environmental management commission. (a) There shall be an environmental management commission consisting of nine members who shall be appointed by the mayor and confirmed by the council. One member shall be a resident of each council district. The terms of the members shall be as prescribed in section 13-4 of the Hawai‘i County Charter. (b) The environmental management commission shall advise the department on solid waste and wastewater programs, waste reduction strategies, recycling, litter control, community involvement, and other issues, including any pilot project or program, related to the functions of the department, and shall exercise any other powers related to the functions of the department that may be delegated to it by ordinance. The commission shall also provide its comments and recommendations on these matters to the council. The commission shall hear and determine appeals from decisions of the director, including orders and denials of variances. (c) The council shall refer any bill for an ordinance to amend chapter 20 or chapter 21 of this Code to the director and the commission, with each to provide independent comments and recommendations. Additionally, the council may refer any bill for an ordinance relating to the functions and duties of the department to the director and commission, with each to provide independent comments and recommendations. In all such cases, the director and commission shall each submit to the council their independent comments and recommendations within forty-five days of receipt. SUPP. 9 (1-2021) 2-88 A DMINISTRATION §2-207 (d) The council may continue its deliberations on any bill for an ordinance referred to the director and commission during the forty-five-day review period; provided, that if the council substantively amends any such bill for an ordinance, the amended bill for an ordinance shall be referred by the council to the director and commission for their independent comments and recommendations, both to be submitted to the council within forty-five days of receipt of the amended bill for an ordinance. (e) The council shall not take final action on any bill for an ordinance referred to the director and the commission, as amended or otherwise, until it receives the comments and recommendations of the director and the commission, unless either or both fail to meet the forty-five-day period for comment and review. If either the director or commission fails, or both fail, to provide comments and recommendations within the allotted forty-five-day review period, the council may proceed and the inaction of either the director or commission shall not be viewed as either a favorable or unfavorable recommendation. (2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2012, ord 12-114, sec 1; am 2019, ord 19-112, sec 1.)2-207 Article 41. Animal Control and Protection Agency. Section 2-208. \[Former\] Repealed. (2004, ord 04-4, sec 2; am 2011, ord 11-130, sec 2; rep 2021, ord 21-57, sec 2.)2-208 Section 2-208. Hawai‘i County animal control and protection agency established. An agency to be known as the Hawai‘i County animal control and protection agency (hereinafter “animal control and protection agency”) is created to provide for the establishment and maintenance County pounds and to provide animal control services in order to implement chapters, 142, 143 and 711, Hawai’i Revised Statutes, relating to the protection of animals, and Chapter 4, Hawai’i County Code. (2023, ord 23-33, sec 3.)2-208 Section 2-209. \[Former\] Repealed. (2004, ord 04-4, sec 2; am 2006, ord 06-98, sec 1; am 2011, ord 11-130, sec 3; rep 2021, ord 21-57, sec 2.)2-209 Section 2-209. Agency organization. (a) There shall be an animal control and protection administrator who shall be in the civil service and shall be recruited through civil service recruitment procedures based on merit. (b) The animal control and protection agency shall consist of the animal control administrator and necessary staff. The animal control administrator shall oversee and supervise the operations of the animal control and protection agency. (c) The animal control and protection administrator shall be under the direct supervision and control of the managing director. (2023, ord 23-33, sec 3.)2-209 SUPP. 15 (1-2024) 2-88.1 § 2-210 H AWAI‘I C OUNTY C ODE Section 2-210. \[Former\] Repealed. (2004, ord 04-4, sec 2; am 2006, ord 06-98, sec 2; am 2011, ord 11-130, sec 4; rep 2021, ord 21-57, sec 2.)2-210 Section 2-210. Powers and duties of the animal control and protection administrator. The animal control administrator: (1) Shall have the direct responsibility for the administration and operation of County pounds, which services can be provided directly, jointly, or under contract with private entities; (2) Shall have the authority to staff the agency with necessary personnel to carry out the purposes of the agency; (3) May enter into agreements with Federal, State, or private entities to provide services as required by chapters, 142, 143 and 711, Hawai’i Revised Statutes, relating to the protection of animals, and chapter 4, Hawai’i County Code or to provide additional services or programs, as provided by law, with respect to the protection of animals; (4) Shall make periodic reports to the managing director concerning the affairs and activities of the agency, including pound operations; (5) Shall make bi-annual reports to the County council concerning the affairs and activities of the agency, including pound operations; and (6) May adopt rules, pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for purposes of this article, including but not limited to rules relating to fees and charges relating to animal control costs. (2023, ord 23-33, sec 3.)2-210 Section 2-211. Repealed. (2004, ord 04-4, sec 2; rep 2021, ord 21-57, sec 2.)2-211 Section 2-212. Repealed. (2004, ord 04-4, sec 2; rep 2021, ord 21-57, sec 2.)2-212 Section 2-213. Repealed. (2004, ord 04-4, sec 2; rep 2021, ord 21-57, sec 2.)2-213 SUPP. 15 (1-2024) 2-88.2 A DMINISTRATION This page intentionally left blank. SUPP. 15 (1-2024) 2-89 § 2-214H AWAI‘I C OUNTY C ODE Article 42. Public Access, Open Space, and Natural Resources Preservation. Section 2-214. Repealed. (2005, ord 05-85, sec 2; am 2005, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord 06-169, sec 1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31, sec 2; rep 2015, ord 15-97, sec 3.) 2-214 Section 2-214.1. Public access, open space, and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. Monies deposited shall be invested in a conservative interest-bearing account that will allow monies to be available for property acquisition and prevent any erosion of the fund’s principal amount. (b) The fund shall consist of monies from: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this section; (2) Council appropriations for the purposes of this section; (3) Any source of revenue dedicated by the Charter or the Code for the purposes of this section; (4) Grants and private contributions intended for the purposes of this section; (5) Two percent of Hawai‘i County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30, 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive years, with deposits being calculated on all real property tax payments (including penalties and interest) received in the prior six months. Additional deposits and adjustments may be made at the discretion of the director of finance; (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received; and (7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 to June 30, 2011, no payments relating to this section shall be allocated or deposited, provided, however, that all payments accrued through June 30, 2009 shall be allocated and deposited by July 31, 2009. (c) The fund shall be used for acquiring lands or property entitlements in the County of Hawai‘i for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply. SUPP. 11 (1-2022) 2-90 A DMINISTRATION §2-214.1 (d) The director of finance shall ensure that the following covenant is written and duly recorded as part of the deed of any property acquired pursuant to this section: “This land/easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai‘i County and may not be sold, mortgaged, traded or transferred in any way.” The director of finance shall select either “land” or “easement” based on the type of property acquired. (2005, ord 05-85, sec 2; am, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord 06-169, sec 1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31, sec 2; am 2015, ord 15-97, sec 3-5.) 2-214.1 Section 2-214.2. Public access, open space, and natural resources preservation maintenance fund. (a) Pursuant to section 10-16(c) of the Charter, a special fund known as the public access, open space, and natural resources preservation maintenance fund is established. The purpose of this special fund is to accrue and use moneys for maintenance of lands and easements acquired in full or in part by the public access, open space, and natural resources preservation fund. (b) Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be administered and managed by the department of finance. Adequate staff to carry out the provisions of this article and section 10-16 of the Charter shall be provided by the department of finance. (c) Pursuant to section 10-16(h) of the Charter, and article 25 of this chapter, stewardship grants may be provided to 501(c)(3) nonprofit organizations or an organization operating under the umbrella of a 501(c)(3) nonprofit organization. (2015, ord 15-97, sec 6; am 2021, ord 21-56, sec 1.) 2-214.2 SUPP. 11 (1-2022) 2-91 § 2-215 H AWAI‘I C OUNTY C ODE Section 2-215. Public access, open space, and natural resources preservation commission. (a) There is established a public access, open space, and natural resources preservation commission. There shall be nine members on this commission, appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. One member shall reside in each County council district. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. Staff support shall be provided by the finance department. (b) No member shall be eligible for a second appointment to the commission prior to the expiration of two years, provided that members initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term. (c) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (d) Any vacancy occurring in the commission shall be filled for the unexpired term. (e) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant to article 16. (f) A chairperson shall be elected from its membership annually. (g) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (h) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the commission is entitled. (i) No person shall, by reason of occupation alone, be barred from serving as a member of this commission. (j) The council shall act to confirm or reject any appointment made to the commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (k) The redrawing of the council district boundaries during a member’s term shall not affect a member’s eligibility to represent the district to which the member was appointed. (2005, ord 05-166, sec 2; am 2021, ord 21-56, sec 2.)2-215 SUPP. 11 (1-2022) 2-92 A DMINISTRATION §2-216 Section 2-216. Oath of affirmation. Before beginning their duties, each member appointed shall subscribe to the oath or affirmation before some person duly qualified to administer oaths: “I, ___________________ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Hawai‘i, and that I will faithfully discharge my duties as a member of the public access, open space, and natural resources preservation commission to the best of my ability.” (2005, ord 05-166, sec 3.)2-216 Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor an island-wide prioritized list of qualifying lands worthy of preservation. The commission shall give emphasis to land acquisitions where the County’s contribution can be leveraged to obtain State, Federal, and/or private lands. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition; (2) To update this list at any time, but at least annually by December 31 of each year; (3) To explore methods of funding land acquisition and make recommendations to the mayor; (4) To review, evaluate, and make recommendations to the director of finance regarding applications for stewardship grants from the maintenance fund, within six months of receipt of each application. Recommendations shall address whether grant applicants have the ability to complete their proposed projects according to the project plan, on time, and within cost estimates, in accordance with section 10-16(h) of the Charter; (5) To review stewardship grant applications, business plans, agreements, and other documentation accompanying grant applications. The commission may also conduct interviews and perform site visits and other activities necessary to formulate a recommendation; and (6) To review stewardship grant recipient performance reports, conduct interviews, and perform site visits and other activities necessary to verify that grant objectives are being met. The commission shall forward its findings to the director of finance. (2005, ord 05-166, sec 4; am 2015, ord 15-97, sec 7; am 2021, ord, 21-56, sec 3.)2-217 SUPP. 11 (1-2022) 2-93 § 2-218 H AWAI‘I C OUNTY C ODE Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution. (b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its commissioned agent, or a licensed broker only. The commission shall have no role in the negotiations other than in its advisory capacity. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of the public access, open space, and natural resources preservation fund. (d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the department of finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure that the County is a good steward of any land that comes under its control through this article. (2005, ord 05-166, sec 5; am 2007, ord 07-21, sec 2; am 2015, ord 15-97, sec 8.)2-218 Article 43. Budget Stabilization Fund. Section 2-219. Creation of fund; purpose. (a) Pursuant to section 10-12, Hawai‘i County Charter 2000, a special fund to be known as the budget stabilization fund is created. (b) The purpose of the budget stabilization fund shall be a temporary, supplemental source of funds for the County to use during times of financial hardships while a plan for cost reduction or revenue enhancement is developed. Additionally, the fund may be used to insulate general fund programs and current service levels from: (1) Revenue shortfalls to minimize the need for budget cuts or tax increases; (2) A revenue reduction due to a change in state or federal legislation; or (3) Slower revenue growth that typically occurs during an economic recession. (2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)2-219 SUPP. 11 (1-2022) 2-94 A DMINISTRATION §2-220 Section 2-220. Funding. (a) Each fiscal year, the minimum amount transferred into the budget and stabilization fund shall be $250,000. (b) The council hereby establishes a policy to accumulate between five to fifteen percent of the general fund total expenditures based on a combination of the fund balance and the budget stabilization fund. This policy does not preclude the use of the funds for any reason listed in section 2-219 even if the targeted percentage is not met. (2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)2-220 Section 2-221. Expenditures. The budget stabilization fund may be used only when there is a reduction in budgeted revenue and the director of finance determines that such use is necessary to prevent a reduction in the level of public services. (2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)2-221 Section 2-222. Appropriations. Appropriations from the budget stabilization fund may occur only upon the following: (1) Written determination by the director of finance that such appropriations are necessary; and (2) Passage of an appropriations ordinance by two-thirds vote of the council. (2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)2-222 Section 2-223. Prohibitions. Appropriations from the budget stabilization fund to fund the acquisition, construction or alteration of a facility as part of a general capital improvement program or balance the budget for an upcoming year shall be prohibited. (2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)2-223 Section 2-223.1. Dissolution of the fund. The budget stabilization fund shall not be dissolved unless such dissolution is approved by the finance director and a two-thirds vote of the County council. (2011, ord 11-128, sec 2.)2-223.1 Article 44. Hawai‘i County Cultural Resources Commission. Section 2-224. Purpose. The Council finds that preservation of historic properties enhances the educational, cultural, economic and general welfare of the County. It is deemed essential that the history and culture of Hawai‘i County be preserved through comprehensive historic 2-95 § 2-224 H AWAI‘I C OUNTY C ODE preservation planning. Implementation of chapter 6E, historic preservation, Hawai‘i Revised Statutes, and the Hawai‘i County General Plan provide a means to accomplish this outcome. It is, therefore, the intent of this article to provide for: (1) Protecting and preserving historic properties and artifacts in the County and encourage, where appropriate, their adoption for appropriate and feasible use; (2) Encouraging the restoration, rehabilitation and continued functional use of historic properties; (3) Encouraging the identification, preservation, promotion and enhancement of those historic properties which represent or reflect distinctive elements of cultural, social, economic, political and architectural history, and to encourage the designation of historic properties, thereby ensuring that our cultural and historic heritage will be imparted to present and future generations of residents and visitors; and (4) Formulating County-wide comprehensive, historic preservation policies, programs and plans. (2008, ord 08-42, sec 1.) 2-224 Section 2-225. Definitions. For purposes of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms and words are defined as follows: “Council” means the council of the County. “County” means the County of Hawai‘i, a political subdivision of the State. “Department” means the planning department of the County. “Director” means the planning director of the County. “Historic preservation” means the research, protection, restoration, rehabilitation and interpretation of districts, sites, buildings, structures, areas or objects, significant to the history, architecture, archaeology or culture of the County, State or Nation. “Historic properties” means any prehistoric or historic district, site, building, structure, area or object significant in the history, architecture, archaeology, or culture of the County, State and Nation, which is over fifty years old, including those listed on the Hawai‘i or national registers. “Mayor” means the mayor of the County. “Professional” means a person with those qualifications enumerated in the code of federal regulations 36CFR61, appendix A. “State” means the State of Hawai‘i. (2008, ord 08-42, sec 1.) 2-225 Section 2-226. Commission established. (a) There is established a commission to be known as the “Hawai‘i County Cultural Resources Commission,” hereinafter referred to as the “commission.” (b) The commission shall consist of nine appointed members. The members shall be appointed by the mayor with the approval of the Council, with representation from the following professionals and persons with special interest in: architecture, history, archaeology, planning, architectural history, Hawaiian culture, traditional 2-96 A DMINISTRATION §2-226 Native Hawaiian burial practices as practiced prior to foreign contact, and ethnic history and culture of Hawai‘i County. The mayor shall solicit lists of two or more persons, recommended by community and professionals, such as the historic societies, architects, and the state Office of Hawaiian affairs, for consideration in making commission appointments. Commission members should have a demonstrated interest, competence and/or knowledge in historic preservation. The commission shall be comprised of members from different areas of the County who possess a knowledge and interest in local area history, and shall include at least one representative selected on the basis of that person’s understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians. (c) Commission members shall serve staggered five-year terms. Upon the initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. Members initially appointed for a term of one or two years shall be eligible to succeed themselves for an additional full term. (d) A member may be removed upon recommendation by the mayor and the approval of the council. (e) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (f) Any vacancy occurring in the commission shall be filled for the unexpired term. (g) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance. (h) The affirmative vote of a majority of those present shall be sufficient to make any action valid. (2008, ord 08-42, sec 1; am 2013, ord 13-9, sec 1.) 2-226 Section 2-227. Officers and expenses. (a) The commission shall annually elect from its membership a chairperson and vice chairperson. (b) The commission may incur such expenses as may be necessary and proper and for which appropriations have been made by the Council or any other appropriate person or agency. (2008, ord 08-42, sec 1.) 2-227 Section 2-228. Meetings and voting. (a) All meetings shall be open to the public, except as may be provided by law; and any person or a representative thereof shall be entitled to appear and be heard on any matter before the commission. (b) Special meetings may be called by the chairperson, director, or by any three members of the commission. (2008, ord 08-42, sec 1.) 2-228 2-97 § 2-229 H AWAI‘I C OUNTY C ODE Section 2-229. Powers and duties. (a) The commission shall advise and assist Federal, State and County government agencies in carrying out their historic preservation responsibilities. The commission shall provide public information, education, training and technical assistance relating to the National, State and County historic preservation programs. (b) The commission shall initiate, accept, review and recommend to the State historic preservation officer, historic properties nominations for inclusion on the Hawai‘i and National registers. (c) The commission shall maintain a system for the survey, inventory and nomination of historic properties and archaeological sites within the County, as well as a system of site monitoring, that is compatible with that of the State historic preservation office. (d) The commission shall administer the certified local government program of federal assistance for historic preservation within the County. (e) The commission shall provide design review for projects affecting any building or structure, site or district eligible for listing on the National or Hawai‘i register of historic places and shall request and consider the State historic preservation officer’s review and comment on all County undertakings, including the granting of permits. In its review, the commission shall consider the cultural significance of the site and its surroundings along with the secretary of the United States Department of the Interior’s standards for rehabilitation, as amended. (f) The commission shall use the State Historic Preservation Plan to develop and implement a comprehensive County-wide historic preservation planning process, which includes the submitting of information pertaining to the State inventory of historic places to the State historic preservation officer. (g) The commission shall make recommendations to the Council for the expenditure of gifts and grants accepted by the Council for projects connected with the identification, rehabilitation, restoration and reconstruction of historic properties, the historic preservation planning process, and the promotion of exhibits and other information activities in connection therewith. (h) The commission shall adopt rules and regulations of procedure and conduct, pursuant to chapter 91, Hawai‘i Revised Statutes. (i) The commission may review and comment on archaeological reports submitted as part of development proposals to various County agencies. (j) The commission may make recommendations to the State historic preservation officer and the Hawai‘i island burial council on the appropriate management, treatment, and protection of Native Hawaiian burial sites, which are customary with traditional Native Hawaiian burial practices. (k) The commission may undertake any other action or activity necessary or appropriate towards the implementation of its powers or duties or towards implantation of the purpose of this article. More specifically these may include, but not be limited to, the following: (1) Recommend new ordinances establishing special treatment districts and archaeological districts; 2-98 A DMINISTRATION §2-229 (2) Review and recommend amendments to current policies and laws on the enforcement of existing codes relating to historic sites; (3) Continually reevaluate building code requirements and enact amendments that are more sympathetic to preservation or provide exemptions for historic properties; (4) Encourage the County, State, and Federal governments, and the private sector, to implement appropriate management strategies, curatorships and meaningful interpretive programs at significant historical and archaeological structures, sites, and districts; and (5) Assist in programs of historic preservation including presentations, films, exhibits, conferences, publications and other educational means which increase public awareness and participation in preserving the past. (2008, ord 08-42, sec 1; am 2013, ord 13-9, sec 2.)2-229 Section 2-230. Nominations to the Hawai‘i or national register of historic places. (a) Any person or organization including the commission may submit nominations to the Hawai‘i or National register by submitting a completed nomination form to the State historic preservation officer. (b) The commission shall hold a public hearing after receiving notification from the State historic preservation officer of nominated historic properties within the County. At least ten days prior to the hearing, notice of the date, time, place and purpose of such hearing shall be published in a newspaper of general circulation in the County. Oral or written testimony concerning the significance of the proposed nomination shall be taken at the public hearing from any person. (c) The commission shall forward its report to the mayor within forty-five days after receiving notice from the State historic preservation officer. The report shall include findings on whether the property meets the criteria for nomination and a recommendation that the State historic preservation officer either nominate or reject the proposed nomination. (d) The mayor shall have fifteen days after receiving the report of the commission to send this report and a recommendation to the State historic preservation officer. The mayor’s recommendation may, but need not, concur with the recommendation contained in the commission’s report. (e) A determination by the commission and mayor that the application for nomination does not meet nomination criteria is not a final administrative decision. Appeals must be filed with the State historic preservation officer in writing, within thirty days after the nomination has been denied. (2008, ord 08-42, sec 1.)2-230 Section 2-231. Guidelines. The following documents on file in the planning department shall be used as guidance in matters pertaining to the review functions of the commission: (1) “Hawai‘i County General Plan” and any adopted community development plans for the island. 2-99 § 2-231 H AWAI‘I C OUNTY C ODE (2) “State historic preservation plan” prepared by the State of Hawai‘i department of land and natural resources. (3) “Historic Preservation Program Guidelines” prepared by the National Park Service. (4) “Office of Hawaiian Affairs Guidelines for the Consideration of Traditional Native Hawaiian Values in Historic Preservation Review,” dated 1988. (5) Other reports, plans, studies, issue papers and memos as may be adopted by the commission. (2008, ord 08-42, sec 1.) 2-231 Section 2-232. Administration. The director shall appoint a professional from the disciplines of planning, archaeology, architecture, architectural history, Hawaiian culture, history or historic preservation, to serve as the liaison with the State historic preservation office pertaining to matters which deal with the purpose and intent of this article. The liaison may be an employee of the planning department or a member of the commission. The director shall provide technical, clerical, administrative functions, and any other duties delegated by the commission. (2008, ord 08-42, sec 1.) 2-232 Article 45. General Excise and Use Tax Surcharge. Section 2-233. Establishment of surcharge. (a) Pursuant to Act 11, Session Laws of Hawai‘i 2018, codified as section 46-16.8, Hawai‘i Revised Statutes, as amended, it is hereby established a 0.25 per cent general excise and use tax surcharge. The general excise and use tax surcharge shall be levied beginning January 1, 2019. (b) After December 31, 2019, pursuant to Act 11, Session Laws of Hawai‘i 2018, codified as section 46-16.8, Hawai‘i Revised Statutes, as amended, it is hereby established a 0.50 per cent general excise and use tax surcharge. The general excise and use tax surcharge shall be levied beginning January 1, 2020. (2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.) 2-233 Section 2-234. General excise tax fund. Pursuant to article X, section 10-12, Hawai‘i County Charter 2016, the director of finance is authorized to create a special fund to be known as the “general excise tax fund.” All moneys received from the State derived from the imposition of the surcharge established under this article shall be deposited into the general excise tax fund. (2018, ord 18-74, sec 2.) 2-234 SUPP. 6 (7-2019) 2-100 A DMINISTRATION §2-235 Section 2-235. Use of funds. (a) Pursuant to sections 46-16.8 and 248-2.6, Hawai‘i Revised Statutes, moneys received from the State derived from the imposition of the surcharge established under this article will be a general fund realization. Moneys received from the surcharge shall be expended for: (1) Operating or capital costs of public transportation within the County for public systems, including public roadways or highways, public buses, trains, ferries, pedestrian paths or sidewalks or bicycle paths; (2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1); or (3) As otherwise authorized by State statute. (b) “Capital costs” in this section means nonrecurring costs required to construct a transit facility or system, including debt service, costs of land acquisition and development, acquiring rights-of-way, planning, design and construction, and including equipping and furnishing the facility or system. (c) Any balance remaining in the general excise tax fund at the end of any fiscal year shall not lapse, but shall remain in the fund accumulating from year to year. The moneys in this fund shall not be used for any purpose except those listed in this section, or as allowed by any amendments to sections 46-16.8 and 248-2.6, Hawai‘i Revised Statutes. (2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.) 2-235 Section 2-236. Termination of surcharge. This general excise and use tax surcharge shall not extend beyond December 31, 2030, pursuant to Act 11, Session Laws of Hawai‘i, codified as section 46-16.8, Hawai‘i Revised Statutes, as amended. (2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.) 2-236 Article 46. Commercial Sponsorship of County Assets. Section 2-237. Findings and purpose. The County needs additional revenue streams to increase its capacity to finance public programs and maintain County assets. Additional financial resources will facilitate the County’s efforts to provide levels of service and maintenance beyond the basic levels funded by the County’s operating and capital budgets. As a result, the Council finds that it is in the best interest of the County to create and enhance relationships with the private sector, including individuals, corporations and other organizations, to generate additional financial resources through commercial sponsorships of County programs, real property, facilities, equipment, or other assets. SUPP. 7 (1-2020) 2-101 § 2-237 H AWAI‘I C OUNTY C ODE In appreciation of such support, it is the policy of the County to provide sponsors with suitable acknowledgment of their contribution. Such recognition, which will be defined in sponsorship agreements, should be consistent with the purpose and aesthetic character of County programs and assets. Appropriate recognition should neither detract from the public’s experience or expectation, nor impair the visual qualities of a County asset, in the opinion of the County. The public recognition of commercial sponsorship envisioned in this arrangement is not intended to create a public forum for communication and debate. The purpose of this article is to establish the criteria and parameters for the granting of sponsorship opportunities in relation to County programs and assets. In doing so, it is solely the Council’s intention to establish a means to enhance the delivery of public services and maintenance of County assets. (2018, ord 18-32, sec 2.) 2-237 Section 2-238. Definitions. Whenever used in this article, unless the context otherwise requires: “Administrative head” means a director of a department, administrator of an agency, or an official holding an equivalent position, including, but not limited to, managing director, chief of police, fire chief, prosecuting attorney, or manager-chief engineer of the department of water supply. “Cash sponsorship” means a type of sponsorship where a sponsor provides cash. “Contribution” means cash, goods, or services, paid or provided to the County at such time or times as set forth in the sponsorship agreement. “County asset” means a County facility, park, program, equipment, or tangible property. “Equipment” means any vehicle, construction equipment, machine, device, gear, apparatus, or tool valued in an amount no less than $20,000 used in the operation of the County but does not include buses operated by the County. “Facility” means any building, including any stadium, arena or station, owned, managed or operated by the County. “In-kind sponsorship” means a type of sponsorship where a sponsor provides a good or service. “Person” means the same as defined in section 1-4 of this Code. “Program” means any program, festival, contest, event, fair, athletic activity, gala, or similar event provided by a County department in connection with the operations of a department. “Sponsor” means a person that enters into a sponsorship agreement with the County. “Sponsorship” means a mutually beneficial arrangement between the County and a person, wherein the person provides a financial contribution to the County in return for sponsor recognition on or in connection with one or more County assets, for a specified period of time. SUPP. 7 (1-2020) 2-102 A DMINISTRATION §2-238 “Sponsorship agreement” means a written agreement executed between the County and sponsor governing a sponsorship, on terms and conditions acceptable to the County and the sponsor. A sponsorship agreement may include provisions that allow for the recognition of the sponsor. “Sponsorship recognition” means a tangible acknowledgment and expression of gratitude issued as part of the sponsorship agreement. (2018, ord 18-32, sec 2.) 2-238 Section 2-239. Commercial sponsorships. (a) In accordance with the provisions of this article, executive agencies of the County may accept contributions valued in an amount no less than $20,000, from sponsors in exchange for sponsor recognition. This article and sponsorship agreements entered into pursuant to this article, shall be implemented and executed in accordance with all applicable laws, including chapter 89, Hawai‘i Revised Statutes. (b) The following sponsorships shall not be allowed: (1) Sponsorships with persons that practice or promote discrimination based on race, color, creed, religion, gender, including gender identity and expression, sexual orientation, age, marital status, ancestry, national origin, or disability; (2) Sponsorships with persons that have a pending open application with the County for a discretionary approval; or (3) Sponsorships with persons opposing the County in a pending or ongoing legal proceeding. (2018, ord 18-32, sec 2.) 2-239 Section 2-240. Exclusions. This article does not apply to: (1) Gifts, grants, or donations accepted pursuant to article 30 of this chapter, where no sponsorship agreement exists or is required; (2) Naming of facilities pursuant to chapter 15, article 8; and (3) Events sponsored or co-sponsored by the County pursuant to other ordinances or rules. (2018, ord 18-32, sec 2.) 2-240 Section 2-241. Sponsorship agreement. (a) The County possesses sole and final decision-making authority for determining the appropriateness of a sponsorship and reserves the right to refuse to enter into any proposed sponsorship agreement. (b) The administrative head of a County department, office, or agency, with the concurrence of the director of finance, shall have the authority to negotiate a sponsorship agreement, for a contribution valued in an amount no less than $20,000. (c) Each sponsorship agreement must specify whether the sponsorship for a particular asset will be exclusive or non-exclusive. All sponsorship agreements must be authorized by the council by resolution and signed by the mayor. SUPP. 7 (1-2020) 2-103 § 2-241 H AWAI‘I C OUNTY C ODE (d) Sponsorships may be terminated in writing at any time during the term of the sponsorship agreement when, in the sole determination of the County, the sponsorship is no longer in the best interest of the County. (2018, ord 18-32, sec 2.) 2-241 Section 2-242. Sponsorship recognition. (a) No sponsorship message may be placed on a County asset except as authorized in an approved sponsorship agreement. (b) Sponsorship recognition may include the following, or any combination thereof, during the term of the agreement: (1) Recognition of the sponsor for a specific County program; (2) Appropriate mention in media releases and promotional materials of a sponsor for the County program; (3) Appropriate sponsorship recognition or display at the County program location; (4) Appropriate recognition on the program website as a sponsor for the program; or (5) Other possible benefits as negotiated. (c) No materials, communications, or advertisements including, but not limited to, print, video, internet, broadcast, or display items developed to promote or communicate information about the sponsorship, may use the County seal except pursuant to a sponsorship agreement that has been authorized by the council. (d) Sponsorship materials that advocate, contain price information or an indication of associated savings or value, request a response, or contain comparative or qualitative descriptions of products, services, or organizations are prohibited. (e) Sponsorship recognition shall not constitute a public forum for communication and debate. (f) Sponsorship recognition, branding, publicity, and advertising in conjunction with the sponsorship agreement must not contain the following: (1) Obscenity; (2) Pornography; (3) Incitement to imminent lawless action; (4) Speech presenting a grave and imminent threat; (5) Fighting words; (6) Fraudulent material; (7) True threats; (8) Defamatory, libelous, or slanderous material; (9) Solicitations to commit, or speech integral to, criminal conduct; (10) The promotion of drugs, alcohol, tobacco, gambling, or adult entertainment; (11) Political campaign speech, or speech that supports or opposes or appears to support or oppose a ballot measure or initiative, or refers to any person in or campaigning for public office; or (12) Religious speech that advocates or opposes a religion or religious belief. SUPP. 7 (1-2020) 2-104 A DMINISTRATION §2-242 (g) Sponsorship recognition, publications, and publicity must conform to all applicable laws and rules, including but not limited to chapter 445, part IV, Hawai‘i Revised Statutes, pertaining to outdoor advertising, including billboards, and chapter 3 of this Code, pertaining to sign regulations. (h) The County retains its rights and discretion to exercise full editorial control over the placement, content, appearance, and wording of sponsorship recognitions, affiliations, and messages. (2018, ord 18-32, sec 2.) 2-242 Section 2-243. General requirements. (a) The County shall not relinquish any aspect of the County’s right to direct, manage, and control a County asset. (b) Except as required by law or expressly established by an affirmative action by the council, sponsorship shall not convey upon any person the right to access or use a County asset for any purpose other than the intended and authorized governmental purpose or service. (c) Sponsorships shall not be deemed to constitute an endorsement of the sponsor or its services and products, or create any proprietary interest of the sponsor in the County or the County assets. (d) The sponsorship must not confer a personal benefit, directly or indirectly, to any particular County officer or employee. (e) The sponsorship must not discriminate against any person on the basis of race, color, creed, religion, sex, including gender identity and expression, sexual orientation, age, marital status, ancestry, national origin, or disability. (f) Sponsors shall defend, indemnify, and hold harmless the County, its officers, agents, and employees against all liability, loss, damage, cost, and expense, including attorneys’ fees, arising out of or resulting from the acts or omissions of the sponsor, its directors, employees, officers, agents, or contractors, in connection with the sponsorship and the sponsorship agreement. (2018, ord 18-32, sec 2.) 2-243 Section 2-244. Funds received from sponsorship agreements. All funds received pursuant to sponsorship agreements will be deposited into the appropriate fund as determined by the director of finance, provided that such funds are expended for their designated purpose. (2018, ord 18-32, sec 2.) 2-244 Section 2-245. Adoption of rules. The director of finance or other director as designated by the mayor shall adopt rules, pursuant to chapter 91, Hawai‘i Revised Statutes, for the purposes of this article. (2018, ord 18-32, sec 2.) 2-245 SUPP. 7 (1-2020) 2-105 § 2-246 H AWAI‘I C OUNTY C ODE Article 47. Disaster Relief, Recovery, and Resilience. Section 2-246. Findings and purpose. The purpose of this article is to establish standards for the appropriation of disaster relief funds that the County received, or may receive, for the purposes of providing relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and council finds that the appropriation of the disaster relief funds in accordance with this article constitutes a valid public purpose. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-246 Section 2-247. Definitions. As used in this article, unless otherwise specified: “Director” means the director of finance of the County. “Disaster relief” means monies awarded in the form of a grant to an eligible nonprofit organization for the purposes of relief, recovery, mitigation, or long-term “Disaster relief funds” means funds from other public entities or private donors appropriated to the County for the purposes of relief, recovery, mitigation, or long-term “Long-term resilience” means the capacity to adapt to changing conditions and to prepare for, withstand, and rapidly recover from social, environmental, and economic shocks and stressors, with minimal human, environmental, and economic costs, risks, and damages. “Nonprofit organization” means an organization organized for other than profit- making purposes and which has a current 501(c)(3) tax-exemption from the Internal Revenue Code. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-247 Section 2-248. Applicability; restrictions of funding source; County reservation of funds. (a) This article shall apply exclusively to the appropriation of disaster relief funds for the purpose of providing disaster relief and long-term resilience to eligible nonprofit organizations. This article shall not apply to any other County funds not appropriated for disaster relief purposes. (b) If the funding source of the disaster relief funds imposes restrictions on the use of the disaster relief funds that are contrary to, or conflict with, the uses allowed under this article, the restrictions imposed by the funding source shall govern, and the director shall not appropriate any of those funds under this article. (c) Notwithstanding the ability to award grants under this article, the County reserves the right to use disaster relief funds for grant matching purposes. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-248 Section 2-249. Administration. The director shall administer all matters covered under this article. (2020, ord 20-28, sec 1.) 2-249 SUPP. 15 (1-2024) 2-106 A DMINISTRATION §2-250 Section 2-250. Eligible nonprofit organizations. (a) The granting of disaster relief funds under this article shall be made only to nonprofit organizations that demonstrate the following: (1) Clear evidence that the nonprofit organization meets the eligibility requirements set forth in section 2-137 of this chapter; (2) Evidence that the nonprofit was directly impacted by the 2018 lower east rift defined as extending from and inclusive of the Hawaiian Paradise Park Estates, and other communities proximate to the lower east rift zone; and (3) Eligibility to receive disaster relief through substantiated documents, studies, photographs, or other similar evidence that is deemed satisfactory by the director. (b) The nonprofit organization applying for a grant of disaster relief funds shall bear the burden of substantiating the claim for disaster relief or long-term resilience. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-250 Section 2-251. Conditions for grants. (a) Before receiving any grant, nonprofit organizations to whom a grant has been awarded shall agree to comply with the conditions set forth in section 2-138 of this chapter. (b) The grant award shall be used for expenses that are reasonably and directly related to the claim for disaster relief and efforts to increase long-term resilience including, but not limited to, economic development. (c) The grant award shall not be used to design or construct buildings, structures, fixtures, real property, or any parts thereof, that did not lawfully exist, or that were (d) The grant award may be used for capital improvement purposes including, but not limited to, design and construction of buildings, structures, fixtures, real property, or any parts thereof, so long as the purpose of the capital improvement is to restore, repair, rebuild, replace, or rehabilitate a building, structure, fixture, real property, road, highway, or any parts thereof, that were destroyed, shown to be at risk, or may occur on public or private property. (e) Before receiving any grant, nonprofit organizations to whom a grant has been awarded shall certify to the director that any building, structure, fixture, real property, or the like, for which any disaster relief is sought, lawfully existed and was otherwise properly permitted and in compliance with applicable State and ing, structure, fixture, real property, or the like, is not properly permitted, after an inspection of the building, structure, fixture, real property, or the like, a grant may be awarded upon the issuance of a temporary certificate of occupancy from the director of public works. SUPP. 15 (1-2024) 2-107 § 2-251 H AWAI‘I C OUNTY C ODE (f)The nonprofit organization to whom a grant has been awarded for capital improvement purposes shall obtain all necessary permits prior to commencing any capital improvement work. (g) In accordance with subsections (c), (d), (e), and (f) of this section, the grant award may be used for capital improvement purposes where the awarded nonprofit organization has a real property interest less than fee simple, whose lease is for at least fifteen years with the property owner. (h) The nonprofit organization to whom a grant has been awarded shall not use the disaster relief funds for anything other than those uses as duly approved by the director. (i) In the event that the nonprofit organization is unable or unwilling to use the disaster relief funds as were duly approved by the director in accordance with this article, the director shall direct the return of the full grant amount or balance of the unexpended disaster relief funds. (j) The director shall have the authority to require that the awarded nonprofit organization use the disaster relief funds by a particular date, which may be extended upon the request of the nonprofit organization and the approval of the director in writing. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-251 Section 2-252. Procedure for awarding grants. (a) All grant awards made to a nonprofit organization under this article shall be made in accordance with the following procedures set forth in this section, including that the applicant shall: (1) Submit an application to the director demonstrating that it meets all requirements set forth in section 2-250; (2) Propose a grant amount and provide its proposed use, which shall be in compliance with section 2-251, for the disaster relief funds, if awarded; (3) Attach all necessary documentation to its application to the director, including the information set forth in section 2-250 and section 2-251(e); and (4) Submit the application and all necessary documentation on or before a date designated by the director. (b) The director, or the director’s designee, shall evaluate the submitted applications and necessary documentation and determine if the nonprofit organization is eligible to receive disaster relief funds under this article. (c) If the director, or the director’s designee, finds that a nonprofit organization is eligible to receive disaster relief funds, the director shall use the criteria set forth in section 2-253 to assess the amount of disaster relief funds that may be awarded to that nonprofit organization. (d) Grant awards of $25,000 or less may be authorized solely by the director. (e) Grant awards in excess of $25,000 shall specifically identify the nonprofit organization receiving the grant funds and the purpose for which the grant funds shall be used in a resolution. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-252 SUPP. 15 (1-2024) 2-108 A DMINISTRATION §2-253 Section 2-253. Criteria. The director shall take the following criteria into consideration when determining the amount of a grant award: (1) The extent to which the nonprofit organization has the capacity to carry out the proposed use of the disaster relief funds; (2) The strength of fiscal and administrative controls to properly manage the disaster relief funds; (3) The ability to leverage or obtain other funds to contribute to the proposed use of the disaster relief funds; (4) The extent to which the proposed use of the disaster relief funds reflects a coherent and feasible approach, including a reasonable timeline for completion of the work, which shall demonstrate how the proposed use intends to provide for relief, recovery, mitigation, and/or long-term resilience following the 2018 (5) The submittal of a realistic, thorough, and accurate budget for the proposed use of the disaster relief funds. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-253 Section 2-254. Maximum grant award. (a) Disaster relief funds may be awarded to a nonprofit organization for a single use or multiple uses so long as the combined total is no more than $500,000 per application cycle under this article. (b) A nonprofit organization may act as a fiscal sponsor administering disaster relief funds on behalf of another entity. The entity may receive disaster relief funds for a single use or multiple uses so long as the combined total is no more than $500,000 per application cycle under this article and which have been duly approved by the director in accordance with sections 2-251 and 2-253. (c) This maximum grant award amount shall not apply to other grant amounts that may have been awarded, or may be awarded in the future, to the same nonprofit organization under article 25 of this chapter. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-254 Section 2-255. No lapse of disaster relief funds. The disaster relief funds held in the account shall not lapse and shall remain in the account until appropriated and fully expended. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.) 2-255 Section 2-256. 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 that sufficiently and properly account for the expenditure of the disaster relief funds. The books, records, and documents shall be subject at all reasonable times to inspection, reviews, or audits by the director and the County auditor, or by their designated representatives. SUPP. 15 (1-2024) 2-109 § 2-256 H AWAI‘I C OUNTY C ODE (b) The director may request periodic written reports on the use of the disaster relief funds. (c) The nonprofit organization shall submit a written report to the director within sixty days after the final expenditure of the amount of disaster relief funds that was awarded. The report shall include, but not be limited to, a detailed description focusing on specific, measurable outcomes of how the disaster relief funds were used 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 from the date of the final expenditure of the amount of disaster relief funds that was awarded, the director shall require the nonprofit organization to return all grant funds awarded and deem the nonprofit organization ineligible to receive future grant awards for at least the following fiscal year, and for all subsequent fiscal years until such time as the written report is submitted to, and accepted by, the director. (e) Should the director determine that the written report is deficient in any way, the nonprofit organization shall be notified of the deficiencies and shall provide additional information to mitigate the deficiencies within thirty days of notice. Noncompliance shall constitute a violation of this section. (2020, ord 20-28, sec 1; am 2023, ord 23-64, sec 1.)2-256 Section 2-257. Indemnification. All contracts executed under this article shall contain a provision that the awarded grantee shall save, indemnify, defend, and hold harmless the County against any claims arising from the award or use of disaster relief funds. (2020, ord 20-28, sec 1.) 2-257 Section 2-258. Rules. The director may adopt administrative rules pursuant to chapter 91 of the Hawai‘i Revised Statutes, as amended, as may be necessary to implement this article. (2020, ord 20-28, sec 1.) 2-258 Article 48. Transient Accommodations Tax. Section 2-259. Tax established. Pursuant to Part III of Act 1, Special Session Laws of Hawai‘i 2021, a three percent transient accommodations tax is established on all gross rental, gross rental proceeds, and fair market rental value considered taxable under the definitions of section 237D-1, Hawai‘i Revised Statutes. This tax shall be levied beginning on January 1, 2022. If the gross rental, gross rental proceeds, and fair market rental value are received as payments beginning in the taxable year in which this tax becomes effective, on written contracts entered into prior to the establishment of this article, and the written contracts do not provide for the passing on of increased rates of taxes, the County transient accommodations tax will not be imposed on the gross rental, gross rental proceeds, and fair market rental value covered under the written contracts. (2021, ord 21-89, sec 2.) 2-259 SUPP. 15 (1-2024) 2-110 A DMINISTRATION §2-260 Section 2-260. Definitions. (a) “Director” means the director of finance of the County. (b) Unless otherwise provided in this article or by rule adopted by the director, the definitions provided in section 237D-1, Hawai‘i Revised Statutes, as may be amended, and by State administrative rule adopted for application to chapter 237D, Hawai‘i Revised Statutes, shall apply to this article. (2021, ord 21-89, sec 2.) 2-260 Section 2-261. Payment of tax. (a) Unless otherwise provided in this article or by rule adopted by the director, any taxpayer required to pay State transient accommodations tax pursuant to chapter 237D, Hawai‘i Revised Statutes, shall also pay the County transient accommodations tax imposed pursuant to this article. (b) Unless otherwise provided in this article or by rule adopted by the director, any taxpayer required to pay the County transient accommodations tax shall remit payment to the director, and if not filing electronically, a periodic voucher approved by the director. (c) County transient accommodations tax payments shall be made on or before the date by which the person is required to pay the State transient accommodations tax. (2021, ord 21-89, sec 2.) 2-261 Section 2-262. Annual return. Every taxpayer required to file an annual reconciliation return and submit residue tax with the State director of taxation set forth under section 237D-7, Hawai‘i Revised Statutes, shall also remit to the director residue County transient accommodations tax together with an annual reconciliation return approved by the director pursuant to this article. (2021, ord 21-89, sec 2.) 2-262 Section 2-263. Rent collection by third party; filing with the director; statement required. (a) Every taxpayer authorized under an agreement by the owner of transient accommodations located within this County to collect rent on behalf of such owner shall be subject to this section. (b) Every written rental collection agreement, in addition to the requirements of section 237D-8.5, Hawai‘i Revised Statutes, shall include the following statement in bold print and ten-point type size: SUPP. 11 (1-2022) 2-111 § 2-263 H AWAI‘I C OUNTY C ODE “HAWAI‘I COUNTY TRANSIENT ACCOMMODATIONS TAXES MUST BE PAID ON THE GROSS RENTS COLLECTED BY ANY TAXPAYER RENTING TRANSIENT ACCOMMODATIONS IN THE COUNTY OF HAWAI‘I.” Every taxpayer entering an oral rental collection agreement shall furnish the director a copy of the information furnished to the State as required under section 237D-8.5, Hawai‘i Revised Statutes, and shall give the owner of the property a copy of the notice required by this subsection. The statement required by this subsection may be combined with the statement-required language under section 237D-8.5, Hawai‘i Revised Statutes, by adding in bold print and in ten-point type size to the front of the statement in section 237-30.5, Hawai‘i Revised Statutes, the following in parentheses: “HAWAI‘I (INCLUDING HAWAI‘I COUNTY ADDED) TRANSIENT ACCOMMODATIONS TAXES AND” (2021, ord 21-89, sec 2.) 2-263 Section 2-264. Assessment of tax for failure to make payment; limitation period; exceptions; extension by agreement. (a) If any taxpayer fails to make payment as required by this article, the director or designee shall estimate the tax liability of the taxpayer from any information the director or designee obtains, and according to the estimate, assess the taxes, interest, and penalty due to the County from the taxpayer, give notice of the assessment to the taxpayer, and make demand upon the taxpayer for payment. The assessment shall be presumed correct unless, upon an appeal duly taken, the contrary is proved by the taxpayer assessed. The burden of proof on appeal to disprove the correctness of assessment shall be on the taxpayer assessed. (b) The director or designee shall cause the payment to be examined and may conduct further audits or investigations as the director or designee considers necessary. If the director or designee determines that there is a deficiency in the payment of any tax due under this article, the director or designee shall assess the taxes and interest due the County, give notice of the assessment to the taxpayers liable, and make demand upon the taxpayers for payment. (c) Except as provided by this section, the amount of taxes imposed by this article shall be assessed or levied within three years of the due date prescribed for the submission of payment. Without an assessment, no proceeding in court for the collection of any of the taxes may be commenced after the expiration of the period. Where the assessment of the tax imposed by this article has occurred within the applicable period of limitation, the tax may be collected by levy or by a proceeding in court. Unless otherwise provided in this article or rule adopted by the director, the limitation period for collecting the County transient accommodations tax shall be suspended for any period set forth in chapter 237D, Hawai‘i Revised Statutes. (2021, ord 21-89, sec 2.) 2-264 SUPP. 11 (1-2022) 2-112 A DMINISTRATION §2-265 Section 2-265. Appeals. Any taxpayer aggrieved by any assessment of the tax or liability imposed by this article may appeal from the assessment within thirty days of the issuance of the assessment to the appropriate State of Hawai‘i court having jurisdiction over the amount in controversy, unless otherwise superseded by State law. Alternatively, if the taxpayer aggrieved has also filed a proceeding against the State for the State tax or liability imposed, the aggrieved taxpayer may also join the County in the State proceeding. (2021, ord 21-89, sec 2.) 2-265 Section 2-266. Collection by suit; injunction. (a) The director may collect taxes due and unpaid under this article, together with all accrued penalties, by filing suit or other appropriate proceeding in an appropriate State of Hawai‘i court located in the third circuit having jurisdiction over the amount due and unpaid. (b) Notwithstanding subsection (a) above, the director may join any proceeding filed by the State of Hawai‘i to collect State transient accommodations tax and assert the County’s claims regardless of whether the venue is located in the third circuit. (2021, ord 21-89, sec 2.) 2-266 Section 2-267. Penalty and interest. Unless otherwise provided in this article or rule adopted by the director, penalties and interest shall be added to and become a part of the County tax in the same manner as penalties and interest are added to and become part of the State transient accommodations tax. (2021, ord 21-89, sec 2.) 2-267 Section 2-268. Director of finance. (a) The director shall administer and enforce this article, in respect of: (1) The examination of books and records of taxpayers; (2) Procedure and powers upon failure or refusal by a taxpayer to make a return, a proper return, or payment; (3) The general administration of this article; (4) To enter into agreements with the director of taxation, other State agency, or entity approved in furtherance of the administration and enforcement of this article; and (5) To identify taxpayers and delinquencies to the director of any County department charged with permitting, oversight or enforcement of transient accommodations. (b) The director shall have the rights and powers conferred by section 6-6.3, Hawai‘i County Charter. SUPP. 11 (1-2022) 2-113 § 2-268 H AWAI‘I C OUNTY C ODE (c) The director is further authorized to delegate any authority provided in this article. (d) If any section in this article conflicts with this authority to enter into an agreement for the collection of taxes, it shall be void. The director must appropriately notify taxpayers of any voided section. (2021, ord 21-89, sec 2.) 2-268 Section 2-269. Administrative rules. The director may adopt administrative rules pursuant to chapter 91, Hawai‘i Revised Statutes, as amended, as may be necessary to implement this article. (2021, ord 21-89, sec 2.) 2-269 Article 49. Sustainability, Climate, Equity, and Resilience. Division 1. Office of Sustainability, Climate, Equity, and Resilience. Section 2-270. Creation. An office to be known as the office of sustainability, climate, equity, and resilience is created. (2023, ord 23-56, sec 2.) 2-270 Section 2-271. Sustainability administrator created. There shall be a sustainability administrator. The sustainability administrator shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The council shall act to confirm or reject any appointment by the mayor within sixty days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within sixty days, the appointee shall be deemed to have been confirmed. An appointee shall take office upon confirmation by the council. At a minimum, the sustainability administrator shall be able to demonstrate the following through education and/or employment: (1) Experience leading a major program in sustainability, climate action, environmental management, environmental or social justice, or a related field; (2) Technical knowledge of the science of climate change mitigation and adaptation, sustainability, and natural resource management; (3) Understanding of Native Hawaiian culture and of the unique environmental and social justice issues in Hawai‘i; (4) Understanding of the physical and mental health consequences of historical trauma, cumulative impacts of environmental hazards, and disaster events, as well as trauma informed principles to ensure access to resources and support for underserved and vulnerable populations; (5) Skills in leadership, staff supervision, communication, and organization development; (6) Experience with project management and interagency collaboration; and SUPP.16 (7-2024) 2-114 A DMINISTRATION §2-271 (7) Experience with policy development and securing and managing outside funding. A bachelor’s degree and five years of experience or a master’s degree and three years of experience in the fields of sustainability, climate change, environment, resilience, or related fields shall be preferred. (2023, ord 23-56, sec 2; am 2024, ord 24-8, sec 1.) 2-271 Section 2-272. Duties of sustainability administrator. The sustainability administrator shall have direct responsibility for the administration and operation of the office of sustainability, climate, equity, and resilience. (2023, ord 23-56, sec 2.) 2-272 Division 2. Climate Action Revolving Fund. Section 2-273. Climate action revolving fund created. There is established a fund entitled the sustainability, climate, equity, and resilience fund to be maintained by the director of finance. (2023, ord 23-56, sec 2.) 2-273 SUPP. 16 (7-2024) 2-115 This page intentionally left blank. CHAPTER 3 SIGNS Article 1. Signs. Division 1. Findings, Purpose and Scope. Section 3-1. Findings and purpose. Section 3-2. Scope. Division 2. Definitions. Section 3-3. Definitions. Division 3. Sign Area/Size Calculation. Section 3-4. Single-faced signs. Section 3-5. Multi-faced signs. Division 4. Sign Regulations. Section 3-6. Type, number, and size of signs permissible. Section 3-7. Signs prohibited in all districts. Section 3-8. Exempt signs; signs allowed without permits. Section 3-9. Signs allowed with permits, in all districts. Section 3-10. Signs permitted in residential districts (RS, RD, RM). Section 3-11. Signs permitted in commercial/industrial districts (RCX, V, CN, CG, CV, MCX, ML, MG). Section 3-12. Signs permitted in agricultural/open districts (RA, FA, A, IA, O). Division 5. Permits. Section 3-13. Permits required. Section 3-14. Construction code permits. Section 3-15. Illuminated signs. Section 3-16. Permit application. Section 3-17. Compliance with chapter. Section 3-18. Action on permit application. Section 3-19. Permit contents and record. Section 3-20. Inspection upon completion. Section 3-21. Time limit on permit. SUPP. 9(1-2021) i Division 6. Variances. Section 3-22. Variances. Section 3-23. Variances; criteria for granting. Division 7. Fees. Section 3-24. Permit/variance fees. Section 3-25. Disposition of fees. Division 8. Construction Specifications. Section 3-26. Wind resistance; support. Section 3-27. Wood construction. Section 3-28. Construction specifications. Division 9. Location Specifications. Section 3-29. Obstructing ingress and egress; obstructing fire-related structures. Section 3-30. Interference with public alarms, signals and signs. Section 3-31. Projections beyond property line. Section 3-32. Distance above ground of projecting signs. Section 3-33. Height above buildings. Division 10. Maintenance. Section 3-34. Maintenance specifications. Division 11. Nonconforming Signs. Section 3-35. Signs erected prior to the effective date of this chapter. Division 12. Violations, Enforcement, Penalty. Section 3-36. Violations. Section 3-37. Enforcement. Section 3-38. Administrative enforcement. Section 3-39. Criminal prosecution. Section 3-40. Injunctive action. Section 3-41. Right of entry for authorized personnel. Section 3-42. Limited liability of authorized personnel. Section 3-43. Remedies cumulative. ii Division 13. General Provisions. Section 3-44. Administration. Section 3-45. Compliance with this chapter and other laws. Section 3-46. Implementation of community design plans or guidelines. Section 3-47. Adoption of rules. Section 3-48. Educational material. Article 2. Kailua Village Signs. Division 1. General Provisions. Section 3-49. Purpose. Section 3-50. Boundaries. Section 3-51. Permit required. Section 3-52. Permit application; contents. Section 3-53. Design commission review; failure to review. Section 3-54. Guidelines for review. Section 3-55. Action on permit application. Section 3-56. Variances. Section 3-57. Design commission review of variances. Division 2. Permissible Signs. Section 3-58. Sign area/size and lettering size. Section 3-59. Sign elevation. Section 3-60. Number of signs. Section 3-61. Prohibited signs. Section 3-62. Exempt signs (signs allowed without permits). Section 3-63. Repealed. Section 3-64. Repealed. Section 3-65. Repealed. Section 3-66. Repealed. Section 3-67. Repealed. Section 3-68. Repealed. Section 3-69. Repealed. Section 3-70. Repealed. Section 3-71. Repealed. Section 3-72. Repealed. Section 3-73. Repealed. Section 3-74. Repealed. Section 3-75. Repealed. Section 3-76. Repealed. iii Section 3-77. Repealed. Section 3-78. Repealed. Division 1. General Provisions. Section 3-79. Purpose; applicability. Section 3-80. Boundaries. Section 3-81. Permit required. Section 3-82. Permit application; contents. Section 3-83. Design committee review; failure to review. Section 3-84. Guidelines for review. Section 3-85. Action on permit application. Section 3-86. Variances. Section 3-87. Design committee review of variances. Section 3-88. Reserved. Section 3-89. Reserved. Division 2. Permissible Signs. Section 3-90. Sign area/size and lettering size. Section 3-91. Sign elevation. Section 3-92. Number of signs. Section 3-93. Prohibited signs. Section 3-94. Exempt signs (signs allowed without permits). iv S IGNS § 3-1 CHAPTER 3 SIGNS Article 1. Signs. Division 1. Findings, Purpose and Scope. Section 3-1. Findings and purpose. (a) The council finds and declares that: (1) The people of the County have a primary interest in controlling the erection, location, and maintenance of outdoor signs in a manner designed to protect the public health, safety, and morals and to promote the public welfare and convenience; encourage and promote the visitor industry; and foster sightliness and physical good order; (2) The natural beauty of the County constitutes an attraction for visitors, and a substantial source of income and revenue of the people of the County is derived from the visitor industry; (3) The indiscriminate erection and improper maintenance of large signs seriously detract from the enjoyment and pleasure of the natural scenic beauty of the County, which in turn injuriously affect the tourist trade and the economic well-being of the County; and (4) There has been a marked increase in the number and size of signs advertising business activities and products in the County; (5) The increased number and size of signs, coupled with the increased use of motor vehicles, make it imperative that the public streets and highways be kept free from signs which distract motorists’ attention while driving, and which detract from the attention which should be devoted to signs promoting traffic safety; (6) The indiscriminate erection, location, illumination, coloring, and size of outdoor signs constitute a significant contributing factor in increasing the number of traffic accidents on the public streets and highways by detracting from the visibility of official traffic lights and signals, and by tending to distract and divert the attention of drivers away from the flow of traffic movement; (7) The construction, erection, and maintenance of large outdoor signs suspended from, or placed on top of buildings, walls, or other structures constitute a direct danger to pedestrian traffic below the signs, especially during periods when winds of high velocity are prevalent; (8) The size and location of outdoor signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques; (9) It is necessary for the promotion and preservation of the public health, safety, and welfare of the people of the County, that the erection, construction, location, and maintenance of signs be regulated and controlled; and 3-1 § 3-1 H AWAI‘I C OUNTY C ODE (10) The people of the County expect stewardship of the land and protection of the natural beauty for future generations; along with conservation and development of the natural beauty of the County, as well as objects and places of historic and cultural interest. (b) The purpose of this chapter is to: (1) Encourage the effective use of signs as a means of communication in the County; (2) Maintain and enhance the aesthetic environment and the County’s ability to attract sources of economic development and growth; (3) Improve pedestrian and traffic safety; (4) Minimize the possible adverse effect of signs on nearby public and private property; and (5) Enable the fair establishment and consistent enforcement of these sign regulations. (2004, ord 04-142, sec 2.)3-1 Section 3-2. Scope. This chapter regulates all signs that are visible from any public street, park, other public place, or pedestrian way in the County; except that nothing in this chapter is intended to conflict with any state statute, including chapter 445, Hawai‘i Revised Statutes, federal law, or constitutional protection relating to outdoor advertising, signage, or freedom of speech. (2004, ord 04-142, sec 2.)3-2 Division 2. Definitions. Section 3-3. Definitions. (a) As used in this chapter: (1) “Aerial sign” means any moveable sign or inflatable object located above the ground, not permanently affixed, including a balloon used as a sign, or an airplane banner. (2) “Automated sign” refers to any sign, which has moving parts or words, or which projects any intermittent or flashing illumination, or which has messages that are manually or electronically changeable on a continuous basis. (3) “Banner” is a sign made of fabric or any non-rigid material with no enclosing framework. (4) “Building” means a structure intended for use and occupation as a habitation or for some purpose of trade, manufacture, ornament, or use constituting a fabric or edifice. (5) “Business” or “business establishment” means a single commercial enterprise. 3-2 S IGNS § 3-3 (6) “Commercial” or “commercial interests” means relating to any provision or proposal of a commercial transaction, or locating or otherwise enabling or promoting any business or activity or establishment that proposes commercial transactions. (7) “Council” means the Hawai‘i County council. (8) “Department” means the County department of public works. (9) “Design commission” means the appropriate board, commission, or committee established by ordinance to review the design of structures in a special district listed in chapter 25, article 7. (10) “Director” means the director of the County department of public works or the director of the department of public work’s duly authorized County representative. (11) “Directory sign” means a special type of ground or wall sign which identifies and attracts attention to any property or premises and which lists, indicates, or identifies a business building, business complex, or two or more business activities conducted on the premises. Such signs shall conform to the applicable ground or wall sign requirements of this chapter. (12) “Display case” means a case, cabinet, or other device placed out of doors or affixed to a building which is used as a sign. (13) “District” means a zoning district as established in the County zoning code. For the purposes of this chapter, zoning districts shall be divided into three major categories, “residential,” “commercial/industrial,” and “agricultural/open.” (A) “Residential district” includes the following districts: (i) RS, single-family residential district; (ii) RD, double-family residential district; and (iii) RM, multiple-family residential district. (B) “Commercial/industrial district” includes the following districts: (i) RCX, residential commercial mixed district; (ii) V, resort-hotel district; (iii) CN, neighborhood commercial district; (iv) CG, general commercial district; (v) CV, village commercial district; (vi) MCX, industrial commercial mixed district; (vii) ML, limited industrial district; and (viii) MG, general industrial district. (C) “Agricultural/open district” includes the following districts: (i) RA, residential and agricultural district; (ii) FA, family agricultural district; (iii) A, agricultural district; (iv) IA, intensive agricultural district; and (v) O, open district. SUPP. 8 (7-2020) 3-3 § 3-3 H AWAI‘I C OUNTY C ODE (14) “Ground sign” means any sign supported by or located upon any fence or independent support that is placed on, or anchored in, the ground and that is independent from any building. “Fence” means an enclosing or dividing framework for land, yard, or garden and includes any type of freestanding or retaining wall. (15) “Graphic design” means any design or portrayal painted or applied directly on an exterior wall, fence, awning, window, or other structure, which is readily visible from any public street, and which has as its purpose an artistic effect, and is not primarily the identification of the premises or the advertisement or promotion of the interests of any private or public firm, person or organization. (16) “Illuminated sign” means any sign in which the characters, letters, figures, designs, and/or outlines are illuminated by electric lights or luminous tubes. (17) “Indirect lighting” means any external sign illumination which is not an integral part of the sign itself. (18) “Kailua Industrial Subdivision” means the area bounded by and adjacent to the following: Beginning at the northwest corner of the intersection of Kaiwi Street and Kuakini Highway, then westerly along Kuakini Highway, then turning northerly along the western boundary of TMK: 7-4-010:007 and continuing northerly along the west boundary of the lots along the west side of Kaiwi Street to the northwest boundaries of TMK: 7-4-015:016, then southeasterly along the makai boundary of Queen Ka‘ahumanu Highway. Then turning southwesterly along the eastern boundary of the ‘Eho Street right-of-way. Then turning southeasterly along the mauka TMK: 7-4-010:043. Then turning southwesterly along the eastern boundary of TMK: 7-4-010:043 and continuing to the southeast corner of TMK: 7-4-010:001 at the mauka side of Kuakini Highway. Then westerly along the mauka side of Kuakini Highway to the point of beginning. (19) “Kailua Village core” means the area bounded by or adjacent to Ali‘i Drive, Palani Road, Kuakini Highway, and Lunapule Road. (20) “Lot” means a building site or a parcel of land with an assigned tax map key number. (21) “Marquee sign” means any sign attached to or hung from a marquee. “Marquee” means any canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building. (22) “Painted window signs” means any sign painted on a window which exceeds two square feet in size. This qualifies as a sign in lieu of a wall sign. (23) “Pedestrian way” means a public right-of-way or easement between or through lots for pedestrian use. 3-4 S IGNS § 3-3 (24) “Person” or words denoting persons, for instance, “another,” “others,” “any,” “anyone,” “anybody,” and the like signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. (25) “Portable sign” means any sign that is not an aerial sign and is not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A-frames or T-frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from any public street, park, other public place or pedestrian way, unless said vehicle is driven in the normal day-to-day operation of the business. (26) “Projecting sign” means any sign affixed or attached to a building wall or structure and extending beyond the building wall or structure more than fifteen inches with an incidence angle of greater than thirty degrees. (27) “Roof sign” means any sign erected, constructed, and maintained wholly upon and over the roof of any building. “Roof” means the cover of a building, including the roofing and all other material and construction (such as supporting members) necessary to carry and maintain it over the walls or uprights. “Roofing” means any material used as a roof covering, including, but not limited to shingles, slate, sheet metal, or tile. “Mansard” means a double- pitched roof with the lower slope steeper than the top. (28) “Sign” means any device, figure, painting, picture, drawing, placard, poster, awning, canopy, street clock, light, model, notice or bill, including any announcement, declaration, display, illustration, insignia, or message which is: (A) Used to advertise or promote the interests of any person or entity or to communicate information of any kind to the public; (B) Placed on or applied to real property outdoors, attached to the exterior of buildings or structures or is located or displayed directly on the exterior or interior surface of a window; and (C) Visible from any public street, park, other public place or pedestrian way. A sign also includes, but is not limited to, any and all pictorial representations, letters, numerals, emblems, flags, banners, pennants, inscriptions, or patterns whether affixed to a building, painted, or otherwise depicted on a building, or placed separate from any building; provided that traffic control devices prescribed by chapter 291C, Hawai‘i Revised Statutes, shall not be construed as signs under this chapter. “Signs” as used in this chapter is not meant to include or prohibit street addresses required by chapter 14, sculpted ornamental shrubbery or ground cover, or signage that is constitutionally protected or otherwise permitted by state or federal law. 3-5 § 3-3 H AWAI‘I C OUNTY C ODE (29) “Street” means a public right-of-way or easement intended for vehicular and/or pedestrian use that provides direct or indirect access to property. “Street frontage” means that portion of a building site that has a common boundary line with a street right-of-way boundary line. (30) “Temporary painted window sign” means any noncommercial painted sign on a window that is seasonal or temporary in nature. (31) “Temporary sign” means any sign which is not permanently installed or constructed as required under divisions 8 and 9, such as outdoor decorations or advertising devices announcing an event, a meeting or series of meetings, if displayed on the premises where the event, meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings whether open to the public or not, or whether conducted for profit or not, and, including but not limited to, sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services. (32) “Wall” means any structure which has a slope of sixty degrees or greater with the horizontal plane and which serves to enclose or subdivide a building. Fences, which mean enclosing or dividing frameworks for land, yard, or gardens, shall not be considered to be walls for purposes of this chapter. (33) “Wall sign” means any sign which is affixed to an exterior wall of any building when the sign projects not more than fifteen inches from the building wall, structure, or its parts, or a sign attached to a marquee. A wall sign does not include a sign on a mansard, or sloped roof or roof-like facade on a building, each of which is considered a roof sign. The maximum height of a wall sign shall be measured from the finished floor level to the top of the sign. (34) “Window” means an aperture or opening in the wall of a building which admits light and/or air to the interior of the building and allows visibility from within and without. (35) “Window sign” means any sign which is located or displayed directly on the inside or outside of a window surface. (2004, ord 04-142, sec 2; am 2020, ord 20-19, sec 2.)3-3 Division 3. Sign Area/Size Calculation. Section 3-4. Single-faced signs. (a) The size of signs shall be measured and determined in the following manner: (1) If a sign is on a plate or is framed or roofed, all of the plate or frame or roof shall be included in the dimensions. (2) If a sign is not on a plate or is not framed but is partly or entirely outlined by a light line or area, or if the sign is on a plate or is framed and circumscribed by a larger light line or area, all of the area circumscribed by a light line or area shall be included in the dimensions/size. SUPP. 8 (7-2020) 3-6 S IGNS § 3-4 (3) If a sign consists only of words, designs, or figures engraved, painted, projected, or fixed on a wall, the total area/size of the sign shall be the measurable area within the outer boundary of a standard geometrical shape such as a square, rectangle, or circle containing and defined by the extreme reaches of graphic or informational parts of the sign. (2004, ord 04-142, sec 2.)3-4 Section 3-5. Multi-faced signs. (a) The sign area/size for a sign with more than one face shall be computed by adding together the area/sizes of all sign faces, except that when two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than twelve inches apart, the sign area/size shall be computed by the measurement of one of the faces. (b) The sign area/size for a sign that is spherical shall be computed by squaring the 2 ). radius of the sphere and multiplying that figure by 12.5664 (4 x pi x r (2004, ord 04-142, sec 2.)3-5 Division 4. Sign Regulations. Section 3-6. Type, number, and size of signs permissible. (a) Only signs of the type, number, and size prescribed in this article will be permitted to be erected or maintained. (b) Sign type, number, and size restrictions shall be applied per lot or, if the lot is occupied by multiple businesses, per business establishment, or if a business occupies multiple adjacent lots, per business establishment. These restrictions shall be subject to the following provisions: (1) The total number of signs per lot or business shall not exceed two per adjacent street; (2) Each of the two signs facing one street shall be of a different sign type; and (3) Only one ground sign shall be permitted per lot, even if the lot is occupied by multiple businesses. (c) In the event that the applicant has obtained a special permit or a use permit, or if the applicant is otherwise legally permitted to conduct activities not normally allowed in that district, the type and number of signs shall conform to requirements of the district within which the activity is occurring. (2004, ord 04-142, sec 2.)3-6 3-7 § 3-7 H AWAI‘I C OUNTY C ODE Section 3-7. (a) No person shall erect or maintain: (1) Any sign which by reason of its size, location, movement, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstructing, or detracting from the visibility of any official traffic control device, or by diverting or tending to divert the attention of drivers of moving vehicles from the traffic movement on the public streets and roads; (2) Any sign which is not expressly permitted or exempt from regulation by this chapter; (3) Any sign which is obscene, as defined in Hawai‘i penal code sections 712-1210 and 712-1211; (4) Except as provided for in sections 3-3(a)(31), 3-8, 3-62 and chapter 22, any sign which advertises or publicizes a commercial activity not conducted on the premises or lot upon which the sign is located. This prohibition would include signs on properties which are no longer occupied; (5) Temporary signs used for regular, ongoing commercial use (i.e. sandwich boards and banners); (6) Any automated sign including signs with repeated or changeable commercial advertising; (7) Any aerial sign; (8) Any sign placed on a utility pole; (9) Portable signs; (10) Flashing signs; (11) Any sign placed on a tree; (12) Any sign placed on public property, unless such sign is otherwise permitted by law; and (13) Any sign that is a billboard or outdoor advertising device prohibited by chapter 445, Hawai‘i Revised Statutes. (2004, ord 04-142, sec 2.)3-7 Section 3-8. (a) The following types of signs are exempt from all of the provisions of this article except for the requirements of sections: 3-4, 3-5, 3-6, 3-7, 3-29, 3-30, 3-31, 3-32, 3-33, 3-34 and 3-36 through 3-43, and may be erected without a permit: (1) Certain temporary signs, which must be removed within seventy-two hours of the completion of the event or activity to which it refers, and which include: 3-8 S IGNS § 3-8 (A) Any single temporary unlighted sign: (i) not exceeding eight square feet in area in the agricultural, open and residential districts, or (ii) not exceeding thirty-two square feet in area in the commercial/industrial districts, when such signs relate to or advertise a meeting, special event, or temporary status or condition of the property on which the sign is located, as long as the sign is not related to or advertising any regular or ongoing course of commercial enterprise conducted on the property. Only one such sign shall be permitted to be visible to traffic proceeding in any one direction on any one street or highway, except that no sign shall be placed over any public right-of-way or street. A temporary sign may be erected for a period not to exceed six months, unless a section in this chapter specifies a more restrictive time period. (B) Any small unlighted sign not exceeding two square feet in area, displayed once in a calendar year for a period of time not to exceed thirty consecutive days. (C) Temporary signs or banners not exceeding thirty-two square feet in area, limited in number to one per meeting or event, displayed for a period not exceeding thirty calendar days, and not projecting over a public street or highway. Temporary signs are not permitted for regular, ongoing commercial use (i.e. sandwich boards and banners). Special event or meeting banners are not required to have their placement limited to the place where the activity is held, provided that permission is granted by the owners or lessees of the structure to which the banner is to be attached/displayed. Temporary signs or banners must be removed within seventy-two hours of the completion of the event or activity which they promote. (D) New businesses may display temporary signs or banners for thirty days following the opening of their business on a one-time basis only, on their premises only. (E) Temporary painted window signs may be installed for a period not to exceed thirty days. (2) Any sign of a public, noncommercial nature, which includes any safety sign, danger signs, trespassing sign, sign indicating scenic or historical points of interest, and any sign erected by a public officer in the performance of a public duty, including traffic signs or directional signs, provided they conform to the sizes dictated by the Manual of Uniform Traffic Control Devices as published by the American Association of State Highway and Transportation Officials. (3) Any sign required to be posted by law, including any signs prescribed by chapter 291C, Hawai‘i Revised Statutes. (2004, ord 04-142, sec 2.)3-8 3-9 § 3-9 H AWAI‘I C OUNTY C ODE Section 3-9. (a) The following types of signs are allowed, with permits, in all districts: (1) Temporary signs or banners within or projecting over any public street, park, other public place or pedestrian way, if permitted and erected in accordance with this chapter. (A) “Banner permits” include permits to temporarily place a banner over and across a County street. (B) Any person who is an authorized representative for the subject to be publicized by the banner may apply for a banner permit. A permit application shall be submitted upon a form designated by the director and shall include, at a minimum, the following information and attachments: (i) General applicant information, i.e. name, address, phone number. (ii) A map showing the County street and approximate location of the banner. (iii) A description of where and how the banner will be anchored or secured. (iv) Length and width dimensions of the banner. (v) The height of the lowest edge of the banner above the highest point of the roadway. (vi) The duration of time for which the permit is requested. (vii) A description or sketch of the banner’s visual content. (viii) Written statements of consent from every property owner and lessee directly fronting the proposed banner site. (ix) 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. (x) A certificate of insurance and proof of a public liability insurance policy approved by corporation counsel naming as 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 banner is removed from the County street, and shall not be cancelled before the banner is removed without thirty days prior written notice to the County. 3-10 S IGNS § 3-9 (C) The director may issue a banner permit for a period not to exceed seven consecutive days in a calendar year, if all the following criteria are met: (i) The banner will not exceed one hundred square feet and the lowest edge of the banner will be at least fifteen feet above the highest point of the roadway. (ii) Written statements of consent from every property owner and lessee directly fronting the proposed banner site. (iii) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the corporation counsel. (iv) 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. (v) The banner will not impede public use of the street or endanger pedestrians including persons with disabilities. (2) Subdivision identification sign. One sign, per legal subdivision roadway access, of either a ground or wall type, relating to the identification of subdivision within a district. Neither sign shall not exceed sixteen square feet in area. (2004, ord 04-142, sec 2.)3-9 Section 3-10. Signs permitted in residential districts (RS, RD, RM). The following types of signs are allowed, with a permit, in the RS, RD and RM districts: (a) One sign, either wall or ground (unlighted or indirectly lighted), not exceeding six square feet in area. Commercial signs shall relate to a legally permitted activity being conducted on the premises. (2004, ord 04-142, sec 2.)3-10 Section 3-11. Signs permitted in commercial/industrial districts (RCX, V, CN, CG, CV, MCX, ML, MG). (a) The following types of signs are allowed, with a permit, in commercial/industrial districts (RCX, V, CN, CG, CV, MCX, ML, MG): (1) Directory sign. (A) If the lot frontage is up to one hundred lineal feet, a directory sign may not exceed sixteen square feet, except that no wall directory sign may exceed the lesser of sixteen square feet or fifteen percent of the wall area on which it is located. (B) If the lot frontage is greater than one hundred lineal feet, a directory sign may not exceed twenty-four square feet, except that no wall directory sign may exceed the lesser of twenty-four square feet or fifteen percent of the wall area on which it is located. 3-11 § 3-11 H AWAI‘I C OUNTY C ODE (2) Ground sign. (A) One ground sign, relating to business(es) conducted on the premises, as follows: (i) If lot frontage is up to one hundred lineal feet, ground sign may not exceed sixteen square feet and not exceed eight feet in elevation from the ground; (ii) If lot frontage is greater than one hundred lineal feet, ground sign may not exceed twenty-four square feet and not exceed twelve feet in elevation from the ground. (B) The elevation of a ground sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, beaming, mounding, or excavating solely for the purpose of locating the sign. (3) Marquee sign. (A) One sign attached to the underside of a marquee (hanging sign) for each business conducted on the premises. This marquee sign shall not exceed nine square feet in area and the lower edges must be at least seven and one-half feet above the ground; or (B) One sign attached to or otherwise displayed upon the face of the marquee. This sign shall not exceed a total sign area of thirty-two square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. The maximum letter height is not to exceed twenty-four inches. (4) Projecting sign. One projecting sign for each business conducted on the premises, stating the name and the nature of the business, which may only occur on an exterior wall without an overhang. The bottom edge of the sign shall be no lower than nine feet over any public area or pedestrian right-of-way. Maximum sign area shall not exceed sixteen square feet. (5) Roof sign. Except in the residential-commercial mixed use (RCX) and resort- hotel (V) districts, where roof signs are not allowed, one roof sign, lighted or unlighted, not exceeding thirty-two square feet in area and not containing lettering more than twenty-four inches in height, relating to business conducted on the premises; provided that the highest point on any sign attached to the roof shall not extend above the highest part of the roof to which it is attached. 3-12 S IGNS § 3-11 (6) Wall sign. (A) One wall sign, which relates to business conducted on the premises, per side or rear of a building. Each side or rear wall sign shall neither exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, nor exceed one hundred fifty square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent or one hundred fifty square feet, whichever is less, of the area of the face of the building actually occupied by the business. (B) The total area of any wall covered by signage shall not exceed fifteen percent of the total area of the wall, whether used by single or multiple businesses. (C) Notwithstanding (A) and (B) above, the maximum size of any wall sign in the RCX and V districts shall not exceed thirty-two square feet. (7) Window signs and painted window signs. For any business, the total area allowed to be covered by one or more window signs facing any street shall be no more than twenty-five percent of the total combined area of the windows or one hundred fifty square feet, whichever is less. (2004, ord 04-142, sec 2.)3-11 Section 3-12. Signs permitted in agricultural/open districts (RA, FA, A, IA, O). The following signs are allowed, with a permit, in agricultural/open districts (RA, FA, A, IA, O): (a) Ground sign. One ground sign not exceeding eight square feet in area, relating to a business conducted on the premises, provided that the building in front of which the sign is displayed is set back not less than thirty feet from the street. (b) Wall sign. One wall sign, not exceeding thirty-two square feet in area upon any wall of a structure on the premises related to the business conducted on the premises. (2004, ord 04-142, sec 2.)3-12 Division 5. Permits. Section 3-13. Permits required. (a) Except as otherwise provided in this chapter, no person, firm or agency may display, install, construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed, constructed, erected, altered, relocated, or reconstructed any sign without first having obtained a sign permit in accordance with this chapter. (b) Sign permits shall be posted in a conspicuous place on the site during the progress of installation and shall be kept on the premises where the sign is located or at the principal place of business of the sign owner. The permit shall be available for inspection and enforcement by the director. (2004, ord 04-142, sec 2.)3-13 3-13 § 3-14 H AWAI‘I C OUNTY C ODE Section 3-14. Construction code permits. Persons applying for a permit pursuant to the County construction code, including chapters 5 and 5A through 5F, are encouraged to include a sign plan for any signs that will be erected in conjunction with the new construction or improvements for which the permit is requested in order that the department and applicant may assess the applicability of any additional permit requirements under this chapter. (2004, ord 04-142, sec 2; am 2020, ord 20-61, sec 8.)3-14 Section 3-15. Illuminated signs. A permit application for a sign which uses electrical wiring and connections or which is illuminated by an external source, shall be submitted to the electrical inspector who shall examine the plans and specifications of all wiring and connections of the sign itself to determine if they comply with chapter 5D, Hawai‘i County Code, relating to the electrical code and chapter 14, article 9, Hawai‘i County Code, relating to outdoor lighting. The electrical inspector shall recommend (1) approval of the application if the plans and specifications comply with chapter 5D and chapter 14, article 9, or (2) disapproval of the application if noncompliance with these chapters is found. The plans and specifications shall then be returned to the director for final action in compliance with section 3-18. (2004, ord 04-142, sec 2; am 2020, ord 20-61, sec 8.)3-15 Section 3-16. Permit application. (a) Applications for sign permits, pursuant to this chapter, shall be filed with the director on forms provided by the department for that purpose. Applications shall contain, at a minimum, the following: (1) The name and address of the owner of the property upon which the sign will be located, the owner of the sign, and the applicant, if different; (2) The tax map key number of the location and proposed location of the sign and an accurate description of the sign, including its contents; (3) A plan or design of the sign, and a photograph or drawing, showing its weight, dimensions, lighting equipment, materials, details of its attachment and hanging, and its position relative to relevant buildings, property lines, and adjacent streets; and (4) Applicable fees and any other information pertinent to the application as may be required by the director and/or this chapter. (b) A sign permit is not transferable unless a notice of transfer is filed with the director within ninety days of the effective date of a transfer of the real property or business for which the sign is permitted. The director shall prescribe forms and any fees for this purpose. (2004, ord 04-142, sec 2.)3-16 SUPP.9 (1-2021) 3-14 S IGNS § 3-17 Section 3-17. Any permit, variance, or other approval issued pursuant to this chapter shall comply with all applicable requirements of this chapter. (2004, ord 04-142, sec 2.)3-17 Section 3-18. Action on permit application. (a) Upon receiving an application for a sign permit, submitted pursuant to this chapter, the director shall: (1) Review the permit application for completeness; and (2) If the application is deficient, identify and notify the applicant of the deficiencies; or (3) If the application is complete, process the application. (b) Within sixty days of receiving a complete application for a sign permit, and unless the applicant has provided written consent for a time extension, the director shall either: (1) Issue the sign permit in writing, if: (A) After an examination of the plans, specifications, and other data, the director finds that the sign(s) that is the subject of the application conforms in every respect with the requirements of this chapter and all applicable County, State, or Federal laws or regulations; (B) The application has been reviewed and approved by the electrical inspector, if required pursuant to section 3-15; (C) The application has been reviewed by the applicable design commission or committee, if required by this chapter; and (D) Applicable sign permit fees have been received; or (2) Reject the sign permit in writing, if the sign that is the subject of the application fails in any way to conform with the requirements of this chapter. (c) In case of a rejection, the director shall: (1) Specify in writing the section or sections of this chapter with which the application is inconsistent; and (2) Provide the applicant with information about any applicable variance or appeal processes contained in this chapter or otherwise permitted by law. (2004, ord 04-142, sec 2; am 2015, ord 15-46, sec 2.)3-18 Section 3-19. Permit contents and record. (a) Permits shall be numbered and shall contain the following information: (1) The permit number and the date of issuance; (2) The name of the property owner and sign owner; (3) The location of the sign(s), including tax map key number; (4) In the case of a temporary sign or banner, the date of expiration of the permit; and (5) The amount of any fees paid. (b) The director shall maintain for public inspection a record of all permits issued. (2004, ord 04-142, sec 2.)3-19 3-15 § 3-20 H AWAI‘I C OUNTY C ODE Section 3-20. Inspection upon completion. A permittee shall, upon completion of the installation, construction, erection, relocation or alteration of the sign, notify the director who shall inspect the sign for compliance with the permit and this chapter. The director may revoke any sign permit issued upon failure of the holder of the permit to comply with any provision of this chapter. (2004, ord 04-142, sec 2.)3-20 Section 3-21. Time limit on permit. If the work authorized under a sign permit is not started within twelve months after the date of issuance, or if work is suspended for more than ninety calendar days, the permit shall be void without any further action, and any sign installed, constructed, erected, relocated, or altered under that permit is in violation of this chapter. (2004, ord 04-142, sec 2.)3-21 Division 6. Variances. Section 3-22. Variances. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience, or welfare, the director may grant a request for a variance from any provision of this chapter. (b) If the subject parcel is located in a special district with a design commission, the director shall refer the variance application to the planning director and design commission for their respective comments and recommendations. The planning director and the design commission shall each submit comments and recommendations on the proposed variance within sixty days from the date that the proposed variance is transmitted to the planning director and the design commission. Should either the planning director or the applicable design commission, or both, fail to provide comments or recommendations within the sixty- day review period, the public works director may proceed to act on the variance application as that director deems appropriate. (c) Variance applications shall be submitted upon a form designated by the director and shall include at a minimum, the following information and attachments: (1) The sign owner’s and the property owner’s name, phone number, and mailing address; (2) The location, tax map key number, and zoning of the property upon which the sign is located; (3) A map showing: (A) The location of the sign; and (B) All streets adjacent to the lot or building where the sign is located; (4) A photo or drawing of the relevant sign(s); (5) A citation of the code section from which a variance is requested; (6) A complete copy of any sign permit application or rejection of the sign permit, if any; SUPP. 8 (7-2020) 3-16 S IGNS § 3-22 (7) An explanation of any unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found in most districts, peculiarity of the business, or other special event or circumstance; (8) An explanation of why granting the variance will not adversely affect the rights of adjacent property owners or tenants, including an explanation of alternative measures, if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (9) Notice of the variance application shall be mailed by the applicant to all property owners and tenants within three hundred feet of the affected property. The notice shall designate a public comment period of not less than twenty days from the date of the mailing. The director shall consider proof of service, good faith efforts to serve notice, and any written comments received, as part of the application; (10) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (11) An explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community; (12) If applicable, the planning director’s and design commission’s written comments and recommendations; and (13) Any fee(s), prescribed by this chapter. (d) Upon review of a complete application, the director shall render a final decision, which may be preceded by a preliminary review and recommendation, and may be appealed to the board of appeals. (2004, ord 04-142, sec 2; am 2008, ord 08-3, sec 1; am 2020, ord 20-19, sec 3.)3-22 Section 3-23. Variances; criteria for granting. (a) Only in situations where the following conditions exist may a variance be granted: (1) Granting the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; (2) Granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (4) A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community; (5) Granting the variance will not constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes, or rules; and (6) The application is complete. (b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value of the sign, shall not be deemed to constitute sufficient reason to grant a variance. (2004, ord 04-142, sec 2; am 2020, ord 20-19, sec 3.)3-23 SUPP. 8 (7-2020) 3-17 § 3-24 H AWAI‘I C OUNTY C ODE Division 7. Fees. Section 3-24. Permit/variance fees. (a) Applicants for sign permits pursuant to this chapter shall pay the following nonrefundable fees: (1) For a new sign permit, $25 for each sign; and (2) For a sign permit for a sign erected prior to obtaining a sign permit $100 for each sign. (b) For sign variances, pursuant to this chapter, $100 for each sign or an amount equal to ten percent of the total value of the sign(s), excluding installation costs, whichever is greater. (2004, ord 04-142, sec 2.)3-24 Section 3-25. Disposition of fees. (a) The following monies collected under this chapter shall be used exclusively to support the administration and enforcement of this chapter and efforts to educate and inform the public about the County’s sign law: (1) Permit and variance application fees; and (2) Fines, minus costs of collection, that are collected pursuant to this chapter. (b) The director of public works shall keep an accurate record, in a form approved by the director of finance, of all fees and fines received and any disbursements made pursuant to this chapter and shall deposit all monies received with the treasurer. (c) The director of public works shall render an account of all monies received and disbursed pursuant to this article to the council on or before March 1 of each year. (2004, ord 04-142, sec 2.)3-25 Division 8. Construction Specifications. Section 3-26. Wind resistance; support. Every sign shall be constructed to withstand, i.e. not flap, bend, or move when subjected to, wind pressure of not less than thirty pounds per square foot of area. In addition, all signs shall be rigidly and firmly braced, or securely attached or anchored to the building, structure, or ground. (2004, ord 04-142, sec 2.)3-26 SUPP. 8 (7-2020) 3-18 S IGNS § 3-27 Section 3-27. Wood construction. Any wood used for a new sign or for the repair of an existing sign shall be rot and termite resistant through an approved preservation method specified by the American Wood Preservation Association, or by any other preservation treatment approved by the director. All wood construction shall meet fire resistive requirements as specified by current building code requirements. (2004, ord 04-142, sec 2.)3-27 Section 3-28. Construction specifications. All signs shall be installed in compliance with building and electrical codes. (2004, ord 04-142, sec 2.)3-28 Division 9. Location Specifications. Section 3-29. Obstructing ingress and egress; obstructing fire-related structures. (a) No sign or supports or hangings for any sign shall be erected so as to cover a door or window of any building or otherwise to prevent free ingress and egress to or from any window, door or fire escape of any building. (b) No sign shall be constructed in a manner which interferes with the free passage from one part of the roof to another part of the roof or interferes with any opening on the roof. (c) No sign shall be attached to any part of a fire escape or upon or to any stand pipe or fire escape support, or be placed nearer than two feet from any fire escape platform. Every sign shall be so arranged as to swing away from the fire escape or platform. (2004, ord 04-142, sec 2.)3-29 Section 3-30. No sign or supports or hangings for any sign shall be placed in a position or manner which obstructs or interferes with any fire alarm, police alarm, sign, or any device maintained by or under public authority. (2004, ord 04-142, sec 2.)3-30 Section 3-31. Projections beyond property line. No sign or portion of any sign, except for marquee or projecting signs, may project over any public area or way outside of the property line upon which the sign is located. No sign shall be permitted to interfere with vehicular traffic or project over any public street except as may be permitted in section 3-9. (2004, ord 04-142, sec 2.)3-31 Section 3-32. Distance above ground of projecting signs. The lower edge of any sign projecting over any public area, except a marquee sign, shall have a vertical clearance of not less than nine feet. (2004, ord 04-142, sec 2.)3-32 3-19 § 3-33 H AWAI‘I C OUNTY C ODE Section 3-33. The highest point on any sign attached to a building or structure shall not extend above the highest part of the building or structure to which it is attached. (2004, ord 04-142, sec 2.)3-33 Division 10. Maintenance. Section 3-34. Maintenance specifications. (a) All signs, together with their framework, braces, angles or other supports, shall be: (1) Maintained in a safe structural condition, properly secured, supported and braced; (2) Maintained in compliance with all building and electrical codes, and in conformance with this chapter at all times; and (3) Properly maintained with exposed surfaces kept clean and painted if paint is required and defective parts replaced. (2004, ord 04-142, sec 2.)3-34 Division 11. Nonconforming Signs. Section 3-35. (a) Any sign erected prior to the effective date of this chapter, in compliance with all then existing statutes, ordinances, and regulations, and for which a legal permit had been obtained, is permitted to be maintained as a nonconforming sign until such time that the sign is altered, relocated, or the business is sold, at which time it must be removed or brought into compliance with all provisions of this chapter. Any person who fails to comply, as indicated in section 3-36 (Violations) and sections 3-38 and 3-39 (Administrative enforcement and Criminal prosecution) shall be sentenced to pay a fine of $100 per day from the final date specified for correction of the violation. During the time a sign is permitted to remain as a nonconforming sign, it is subject to the following conditions: (1) A nonconforming sign shall be maintained in a safe condition and shall not in any respect be dangerous to the public or to property. (2) At such time that the nonconforming sign is altered, relocated, or the business is sold, or the discontinuance or removal from the premises of the activity to which the sign relates, the sign ceases to be a nonconforming sign and shall thereafter be allowed to be maintained only upon compliance with this chapter. The term “alteration” does not include repairs and maintenance for the purpose of keeping the sign in a clean and safe condition. (2004, ord 04-142, sec 2.)3-35 3-20 S IGNS § 3-36 Division 12. Violations, Enforcement, Penalty. Section 3-36. Violations. Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any permit or variance from the provisions of this chapter, shall constitute a violation of this chapter. (2004, ord 04-142, sec 2.)3-36 Section 3-37. Enforcement. (a) The director shall enforce this chapter. Whenever necessary, any official of another department of the County shall assist the director, if requested, consistent with the usual and customary duties of the official’s department. (b) When the condition of any sign creates an immediate hazard and peril to public safety or to property, or is illegally placed within any public street, park, other public place or pedestrian way the director shall remove the sign summarily and without notice. (2004, ord 04-142, sec 2.)3-37 Section 3-38. Administrative enforcement. (a) If the director determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any permit issued pursuant thereto, the director shall have the person served by personal service or by certified mail, with a notice of violation and order pursuant to this section. The director may also have a copy of the notice of violation and order posted at the building site and/or sent to the landlord/owner of the building or lot where the violation is located. (b) The notice of violation shall include at least the following information: (1) Date of the notice; (2) Name and address of the person noticed; (3) Section number of the provision, or rule, or the permit which has been violated; (4) Nature of the violation; and (5) Location and time of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation; (2) Correct the violation at the person’s own expense before a date specified in the order, which date shall not be more than thirty days; (3) Pay a civil fine not to exceed $500 in the manner, at the place and before the date specified in the order; (4) Pay a civil fine not to exceed $100 per day for each day in which the violation persists beyond the final date specified for correction of the violation, in the manner and at the time and place specified in the order. (d) The order shall advise the person that the order shall become final thirty days after the person’s receipt of the order, unless the director’s decision is appealed to the County board of appeals within the thirty day period. 3-21 § 3-38 H AWAI‘I C OUNTY C ODE (e) The provisions of the order issued by the director under this section shall become final thirty days after the receipt of the order, unless the director’s action is appealed to the County board of appeals as provided in this chapter. (f) Any person adversely affected by any order issued under this chapter, may within thirty days after the service of the order, appeal the order to the County board of appeals as provided by the County Charter, the County Code, and any rules adopted thereto. An appeal to the County board of appeals shall stay the provisions of the director’s order pending the final decision of the County board of appeals. (g) At the completion of an appeal in which the County’s enforcement action is affirmed and upon correction of the violation, if requested by the violator, the case will be reviewed by the director to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending. In reviewing of the amount of the accrued fines, the director may consider the following: nature and egregiousness of the violation, duration of the violation, number of recurring and other similar violations, effort taken by the violator to correct the violation, degree of involvement in causing or continuing the violation, reasons for any delay in the completion of the appeal, and other extenuating circumstances. The civil fine which is imposed by administrative order after this review is completed and the violation is corrected is subject to only judicial review, notwithstanding any provisions for administrative review in the County Charter. (h) After completion of a review of the amount of accrued civil fine by the director, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator. If no review of the accrued fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings. (i) The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid. (j) The director shall file with the State bureau of conveyances, liens on all properties which have been the subject of fines levied under this section, which remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. (k) Fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. (2004, ord 04-142, sec 2.)3-38 3-22 S IGNS § 3-39 Section 3-39. Criminal prosecution. (a) In lieu of or in addition to enforcement pursuant to this chapter, any person whether as principal agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: (1) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs within five years of any prior conviction for violation of this chapter, by a fine of not less than $500, but not exceeding $1,000. (b) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shall be controlled by the provisions of the Hawai‘i penal code relating to fines, sections 706-641 through 706-645, Hawai‘i Revised Statutes. (d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel issuing a summons or citation for a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and time provided in the summons or citation. (f) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State and County of Hawai‘i. (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. (h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (2004, ord 04-142, sec 2.)3-39 3-23 § 3-40 H AWAI‘I C OUNTY C ODE Section 3-40. Injunctive action. The County of Hawai‘i may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation. (2004, ord 04-142, sec 2.)3-40 Section 3-41. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the director has reasonable cause to believe that there exists upon a building or upon a premises or upon a building site a condition which is contrary to or in violation of this chapter which makes the building or premises or the building site unsafe, dangerous or hazardous, the director may enter the building or premises or the building site at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if the building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the director shall have recourse to the remedies provided by law to secure entry. (2004, ord 04-142, sec 2.)3-41 Section 3-42. The authorized personnel charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this chapter or other pertinent laws or ordinances implemented through the enforcement of this chapter shall be defended by the County of Hawai‘i until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. (2004, ord 04-142, sec 2.)3-42 Section 3-43. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. (2004, ord 04-142, sec 2.)3-43 Division 13. General Provisions. Section 3-44. Administration. The director shall administer all of the provisions of this chapter. Whenever necessary, any official of another department of the County shall assist the director, if requested, consistent with the usual and customary duties of the official’s department. (2004, ord 04-142, sec 2.)3-44 3-24 S IGNS § 3-45 Section 3-45. Compliance wit Any approval, or permit issued pursuant to this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or variance under this chapter does not dispense with the necessity to comply with any law, ordinance, regulation or any other provision of the Hawai‘i County Code or other state or federal laws or regulations to which a permittee may also be subject. (2004, ord 04-142, sec 2.)3-45 Section 3-46. Implementation of community design plans or guidelines. The Council may adopt sign provisions that implement special community design districts, plans or guidelines that have been approved by the County council. (2004, ord 04-142, sec 2.)3-46 Section 3-47. Adoption of rules. The director may adopt rules, pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of this chapter. (2004, ord 04-142, sec 2.)3-47 Section 3-48. Educational material. The director shall prepare or cause to be prepared an easy-to-use, user-friendly pamphlet or brochure which describes the key provisions of this chapter and provides examples by drawing or photograph, to facilitate use of this chapter. The director may use community organizations to assist with this process. (2004, ord 04-142, sec 2.)3-48 Article 2. Kailua Village Signs. Division 1. General Provisions. Section 3-49. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-49. Purpose. Kailua Village is recognized as a special design district of the County. Unless otherwise provided for in this article, all sections of article 1 apply to the Kailua Village design district. However, certain other aspects of signage are applied specifically to this district in addition to those in article 1. Unquestionably, signs have a legitimate place in Kailua Village if they are thoughtfully designed and appropriate to their surroundings. Many elements of good sign design adapt well to the theme which is the unique, unhurried atmosphere and the foundation of Kailua's charm. 3-25 § 3-49 H AWAI‘I C OUNTY C ODE The primary purpose of a sign is to promote an identity, goods and services, or activities through visual communication. While laws can regulate the size, placement, number, design, and aesthetics of signs, it is recognized that reasonable minds may differ as to how sign control can best be accomplished. The Kailua Village design commission, through the County planning department, has a shared responsibility for sign review within the Kailua Village special design district, as set forth in the County planning department’s Master Plan for Kailua-Kona. The provisions of this article shall be utilized by the design commission and cooperating agencies in evaluating all sign permit requests within the Kailua Village special design district. (2005, ord 05-62, sec 3.)3-49 Section 3-50. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-50. Boundaries. This article shall apply to the Kailua Village special design district. For purposes of this article, the boundaries of this district shall be as delineated in the County zoning code, chapter 25, article 7, division 1, sec 25-7-1, Hawai‘i County Code. (2005, ord 05-62, sec 3.)3-50 Section 3-51. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-51. Permit required. Except as otherwise provided in this chapter, no person, firm, or agency may display, install, construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed, constructed, erected, altered, relocated, or reconstructed any sign within the Kailua Village design district without first having obtained a sign permit in accordance with this chapter and article. (2005, ord 05-62, sec 3.)3-51 Section 3-52. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-52. Permit application; contents. (a) To obtain a sign permit, the applicant shall file an application on forms furnished by the director. (b) The application shall include information required by section 3-16 and, in addition: (1) A graphic, colored illustration of the proposed sign, drawn to scale and reflecting all letters and the style and size of lettering. (2) A description or sample of any type of material to be used for the sign and its background, and a description of the method of any lighting. 3-26 S IGNS § 3-52 (3) A plot plan illustrating the location of the building or site and the location of the proposed sign. (4) Any other information the director or design commission may require. (2005, ord 05-62, sec 3.)3-52 Section 3-53. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-53. Design commission review; failure to review. (a) Each completed permit or variance application, together with all accompanying information shall be forwarded promptly by the director through the County planning director to the design commission for its review and action. (b) Within thirty calendar days after receipt of the completed application from the director, the design commission shall provide its written recommendation(s) to the director. If a recommendation is not received within the allotted period, the director shall act on the request in accordance with section 3-18 or 3-23, as the case may be. An extension may be granted by the director only upon the written consent of the applicant. (2005, ord 05-62, sec 3.)3-53 Section 3-54. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-54. Guidelines for review. (a) The design commission and the director, when reviewing an application under this article, shall consider the following guidelines, as well as those found in the Master Plan for Kailua-Kona. In the event a conflict exists between any requirement of this chapter and the Master Plan for Kailua-Kona, the more restrictive or specific requirement shall prevail: (1) Relationship to building, site, and surroundings. Fitting each sign to its surroundings shall be a prime consideration. A sign shall complement the building it identifies and the theme of the Kailua Village way of life as described in the Master Plan for Kailua-Kona. It shall be a planned feature, reflecting the architectural scale, design, and color of the building or structure. (2) Size and number. The overall size and number of signs shall minimally dominate the property or the building which it identifies. (3) Shape. The shape of the sign shall seek to aesthetically and functionally emphasize the message and not compete with the architecture of the building. (4) Lettering. Subtleness, proportion, and design shall be emphasized in sign copy and lettering. (5) Illumination. When an illuminated sign is used, the light intensity, color illumination, and the careful screening of the light source shall be considered. 3-27 § 3-54 H AWAI‘I C OUNTY C ODE (6) Landscaping. A freestanding sign should offer an opportunity for landscaping treatment at its base. (7) Material. The use of any material which is compatible to the village atmosphere of Kailua shall be encouraged. Material includes, but is not limited to, wood, stone, canvas, rope, brushed or textured metal, or glass. (8) Color. The use of any natural or earth tone color that is not gaudy or clashing shall be encouraged. (2005, ord 05-62, sec 3.)3-54 Section 3-55. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-55. Action on permit application. (a) The director shall consider the design commission's recommendation(s) when processing a sign permit application. (b) If the director, after considering the design commission's recommendation(s), finds that the proposed sign is in compliance with this article and chapter and any other applicable county, state or federal law or regulation, a sign permit shall be issued by the department. (2005, ord 05-62, sec 3.)3-55 Section 3-56. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-56. Variances. A variance may be granted in accordance with division 6 of this chapter. (2005, ord 05-62, sec 3.)3-56 Section 3-57. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-57. Design commission review of variances. Prior to final decision-making on a variance application, the director shall transmit a copy of the variance application through the County planning director to the design commission for its review and recommendation. (2005, ord 05-62, sec 3.)3-57 3-28 S IGNS § 3-58 Division 2. Permissible Signs. Section 3-58. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-58. Sign area/size and lettering size. (a) Unless otherwise provided, the maximum permitted surface area/size of any sign oriented to any public street, park, other public place or pedestrian way shall be: (1) Directory sign. (A) If the lot frontage is up to thirty lineal feet, a directory sign may not exceed twelve square feet, except that no wall directory sign may exceed the lesser of twelve square feet or fifteen percent of the wall area on which it is located. (B) If the lot frontage is greater than thirty lineal feet, a directory sign may not exceed twenty-two square feet, except that no wall directory sign may exceed the lesser of twenty-two square feet or fifteen percent of the wall area on which it is located. (C) A directory sign, either wall or ground sign, shall not exceed sixteen square feet in the Kailua Village Core. (2) Ground sign. (A) If lot frontage is up to thirty lineal feet, a ground sign shall not exceed twelve square feet for any building or portion of a building under separate management or control and not exceed six feet in elevation from the ground. (B) If lot frontage is greater than thirty lineal feet, a ground sign shall not exceed twenty-two square feet for any building or portion of a building under separate management or control and not exceed eleven feet in elevation from the ground. (3) Marquee sign. (A) A sign attached to the underside of a marquee (hanging sign) for each business conducted on the premises shall not exceed nine square feet in area, and the lower edges must be at least seven and one-half feet above the ground. (B) A sign attached to or otherwise displayed upon the face of the marquee shall not exceed a total sign area of twenty-two square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. (4) Projecting sign. (A) A projecting sign for each business conducted on the premises, stating the name and the nature of the business, may only occur on an exterior wall without an overhang and shall not exceed sixteen square feet. 3-29 § 3-58 H AWAI‘I C OUNTY C ODE (5) Wall sign. (A) If lot frontage is up to thirty lineal feet, a wall sign shall not exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, or twelve square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent of the area of the face of the building actually occupied by the business, or twelve square feet, whichever is less. (B) If lot frontage is greater than thirty lineal feet, a wall sign shall not exceed fifteen percent of the total exposed area of the wall, associated with the business for which the sign is displayed, or twenty-two square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent of the area of the face of the building actually occupied by the business or twenty-two square feet, whichever is less. (C) In the Kailua Industrial Subdivision, the maximum wall sign area shall not exceed seventy-five square feet or fifteen percent of the wall, whichever is less. (D) The total area of any wall covered by signage shall not exceed fifteen percent of the total area of the wall on which it is located, whether used by single or multiple businesses. (6) Window signs and painted window signs. (A) For any business, the total area allowed to be covered by one or more window signs fronting any street shall be no more than fifteen percent of the total combined area of windows or twenty-two square feet, whichever is less. (b) In any case, the total area allowed shall not exceed twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua Village Core. (c) Any lettering or symbol, including free-standing letters, shall not exceed nine inches in height, except as noted in (1) below. (1) In the Kailua Industrial Subdivision, any lettering or symbol, including free- standing letters, shall not exceed eighteen inches in height. (2005, ord 05-62, sec 3.)3-58 Section 3-59. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-59. Sign elevation. (a) Maximum sign elevation, measured from the finished ground elevation to the top of the sign, shall be as follows: (1) Directory wall sign. A directory wall sign shall not exceed nine feet in elevation. 3-30 S IGNS § 3-59 (2) Ground sign. The elevation of a ground sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. A ground sign shall not exceed six feet in elevation. The lettering or symbols shall not be higher than five and one-half feet from the finished elevation. (3) Projecting sign. A projecting sign may be placed no less than nine feet above ground, and may extend into no more than one-third of the width of any public area or pedestrian way, or four feet, whichever is less. (4) Wall sign. The top edge of a wall sign shall not exceed nine feet above the grade or finished floor level or one-half the height of the wall on which it is located, whichever is less. (5) Window sign. A window sign shall not exceed five and one-half feet in height. (2005, ord 05-62, sec 3.)3-59 Section 3-60. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-60. Number of signs. (a) Only one sign for any business or one sign for any street or vehicular access on which a building has frontage shall be permitted. (b) In a multi-building complex, a directory sign for the complex may be allowed which shall not count as the one sign allowed for the building frontage. (2005, ord 05-62, sec 3.)3-60 Section 3-61. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-61. (a) In addition to the signs prohibited in section 3-7, the following types of signs are also prohibited in Kailua Village: (1) Any sign or display which is constructed primarily of materials with a shiny, slick, or reflective surface such as fiberglass or acrylic plastic. (2) Any sign which is displayed on any roof or mansard roof, or when attached to a building extends above the lowest edge of any portion of the roof or mansard roof. (3) Any sign which has a vertical clearance of less than nine feet or projects, extends, or is otherwise displayed over or above any public street, park, other public places or pedestrian way, except as may be permitted by section 3-62 or chapter 22. 3-31 § 3-61 H AWAI‘I C OUNTY C ODE (4) Any sign for product advertising when visible to the general public. A sign containing only the name of a business is not a sign for product advertising. (5) Any mechanical sign, graphic design or decorative element that functions through animation, revolvement, up, down, sidewards or any other similar movement, including but not limited to, any spinning device, light bulb border, flashing or mobile illumination. (2005, ord 05-62, sec 3.)3-61 Section 3-62. \[Former\] Repealed. (2004, ord 04-142, sec 3; rep 2005, ord 05-62, sec 2.) Section 3-62. Exempt signs (signs allowed wit (a) In addition to the exempt signs allowed in section 3-8, the following signs are exempt in Kailua Village, with the restrictions stated in section 3-8: (1) One temporary informational sign or poster for a temporary event, no larger than eight square feet, and posted for a period no longer than thirty days in a calendar year. (2) Reasonable application upon the glass surface of a door or window of lettering or decals giving the address, hours of operation, entrance or exit information, professional or security affiliations or memberships, credit cards which are accepted, or other similar information. (2005, ord 05-62, sec 3.)3-62 Section 3-63. Repealed. (1983 CC, c 3, art 2, sec 3-63; rep 2005, ord 05-62, sec 2.)3-63 Section 3-64. Repealed. (1983 CC, c 3, art 2, sec 3-64; rep 2005, ord 05-62, sec 2.)3-64 Section 3-65. Repealed. (1983 CC, c 3, art 2, sec 3-65; rep 2005, ord 05-62, sec 2.)3-65 Section 3-66. Repealed. (1983 CC, c 3, art 2, sec 3-66; rep 2005, ord 05-62, sec 2.)3-66 Section 3-67. Repealed. (1983 CC, c 3, art 2, sec 3-67; rep 2005, ord 05-62, sec 2.)3-67 Section 3-68. Repealed. (1983 CC, c 3, art 2, sec 3-68; rep 2005, ord 05-62, sec 2.)3-68 Section 3-69. Repealed. (1983 CC, c 3, art 2, sec 3-69; rep 2005, ord 05-62, sec 2.)3-69 3-32 S IGNS § 3-70 Section 3-70. Repealed. (1983 CC, c 3, art 2, sec 3-70; rep 2005, ord 05-62, sec 2.)3-70 Section 3-71. Repealed. (1983 CC, c 3, art 2, sec 3-71; rep 2005, ord 05-62, sec 2.)3-71 Section 3-72. Repealed. (1983 CC, c 3, art 2, sec 3-72; rep 2005, ord 05-62, sec 2.)3-72 Section 3-73. Repealed. (1983 CC, c 3, art 2, sec 3-73; am 1986, ord 86-134, sec 4; rep 2005, ord 05-62, sec 2.)3-73 Section 3-74. Repealed. (1983 CC, c 3, art 2, sec 3-74; rep 2005, ord 05-62, sec 2.)3-74 Section 3-75. Repealed. (1983 CC, c 3, art 2, sec 3-75; rep 2005, ord 05-62, sec 2.)3-75 Section 3-76. Repealed. (1983 CC, c 3, art 2, sec 3-76; rep 2005, ord 05-62, sec 2.)3-76 Section 3-77. Repealed. (1983 CC, c 3, art 2, sec 3-77; rep 2005, ord 05-62, sec 2.)3-77 Section 3-78. Repealed. (1983 CC, c 3, art 2, sec 3-78; am 1986, ord 86-134, sec 5; am 2001, ord 01-108, sec 1; rep 2005, ord 05-62, sec 2.) 3-78 3-33 § 3-79 H AWAI‘I C OUNTY C ODE Article 3 Division 1. General Provisions. Section 3-79. Purpose; applicability. f they are thoughtfully designed and appropriate to their surroundings. Many elements of good sign design can serve well to further express community identity and values through preservation of the the plantation country village atmosphere cherished by residents and visitors alike. The primary purpose of a sign is to promote the identity, goods and services, or activities on the property through visual communication. While laws can regulate the size, placement, number, design, and aesthetics of signs, it is recognized that reasonable minds may differ as to how sign in chapter 25, article 7 of this Code, (hereinafter “committee”), through the planning depar district. The provisions of this article shall be utilized by the committee and cooperating agencies in evaluating all sign permit reques district. Unless otherwise provided for in this article, all sections of article 1 of this chapter applied specifically to this district in addition to those in article 1. (2015, ord 15-46, sec 4.) 3-79 Section 3-80. Boundaries. the boundaries of this district shall be as delineated in chapter 25, article 7, division 4, section 25-7-40 of this Code. (2015, ord 15-46, sec 4.) 3-80 Section 3-81. Permit required. Except as otherwise provided in this chapter, no person, firm, or agency may display, install, construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed, constructed, erected, altered, relocated, or reconstructed any sign within the this chapter and article. (2015, ord 15-46, sec 4.) 3-81 3-34 S IGNS § 3-82 Section 3-82. Permit application; contents. (a) To obtain a sign permit, the applicant shall file an application on forms furnished by the director. (b) The application shall include information required by section 3-16 and, in addition: (1) A graphic, colored illustration of the proposed sign, drawn to scale and reflecting all letters and the style and size of lettering; (2) A description or sample of any type of material to be used for the sign and its background, and a description of the method of any lighting; (3) A plot plan illustrating the location of the building or site and the location of the proposed sign; and (4) Any other information the director or committee may require. (2015, ord 15-46, sec 4.) 3-82 Section 3-83. Design committee review; failure to review. (a) Each completed sign permit application, together with all accompanying information shall be forwarded promptly by the director through the County planning director to the committee for its review and comments for consistency with (b) Within twenty-five calendar days after receipt of the completed application from the planning director, the committee shall provide its written recommendation(s) to the director via the planning director. If a recommendation is not received within the allotted period, the director shall act on the request in accordance with section 3-18 or 3-23, as the case may be. The director may grant a time extension to the committee or planning director only upon the written consent of the applicant. (2015, ord 15-46, sec 4.) 3-83 Section 3-84. Guidelines for review. The committee and the director, when reviewing an application under this article, shall consider the following guidelines, as well as those found in the design guidelines. In the event a conflict exists between any requirement of this chapter and the design guidelines, the more restrictive or specific requirement shall prevail: (1) Fitting each sign to its surroundings shall be a prime consideration. A sign shall complement the building it identifies and contribute to architectural character as described in the design guidelines. Signs shall be a planned feature, reflecting the architectural scale, design, and color of the building or structure. It should be graphically simple and present an appropriate level of detail without appearing cluttered. (2) Commercial establishments shall have no more than two signs per street frontage of a building and may include a hanging/projecting sign and a wall/window sign. (3) The shape of the sign should aesthetically and functionally emphasize the message and not compete with the architecture of the building. (4) Subtleness, proportion, and design shall be emphasized in sign copy and lettering. 3-35 § 3-84 H AWAI‘I C OUNTY C ODE (5) When an illuminated sign is used, the light intensity, color illumination, and the careful screening of the light source shall be considered. (6) A freestanding sign should offer an opportunity for landscaping treatment at its base. (7) The use of any material which is compatible to the village atmosphere of encouraged. Primary consideration should be given to wood or non- reflective metal, on which a design can be carved, sand blasted, or painted. (8) The use of any natural or earth tone color that is not gaudy or clashing is encouraged. (2015, ord 15-46, sec 4.) 3-84 Section 3-85. Action on permit application. (a) The director shall consider the committee’s recommendation(s) when processing a sign permit application. (b) If the director, after considering the committee’s recommendation(s), finds that the proposed sign is in compliance with this article and chapter and any other applicable County, State or Federal law or regulation, a sign permit shall be issued by the department. (2015, ord 15-46, sec 4.) 3-85 Section 3-86. Variances. A variance may be granted in accordance with article 1, division 6 of this chapter. (2015, ord 15-46, sec 4.) 3-86 Section 3-87. Design committee review of variances. (a) Prior to final decision-making on a variance application, the director shall transmit a copy of the variance application through the County planning director to the committee for its review and recommendation. (b) Within twenty-five calendar days after receipt of the completed variance application from the planning director, the committee shall provide its written recommendation(s) to the director via the planning director. If a recommendation is not received within the allotted period, the director shall act on the request in accordance with division 6 of this chapter. The director may grant a time extension to the committee or planning director only upon the written consent of the applicant. (2015, ord 15-46, sec 4.) 3-87 Section 3-88. Reserved. Section 3-89. Reserved. 3-36 S IGNS § 3-90 Division 2. Permissible Signs. Section 3-90. Sign area/size and lettering size. (a) Unless otherwise provided, the maximum permitted surface area/size of any sign oriented to any public street, park, other public place or pedestrian way shall be: (1) Directory sign. (A) If the lot frontage is up to thirty lineal feet, a directory sign may not exceed twelve square feet, except that no wall directory sign may exceed the lesser of twelve square feet or fifteen percent of the wall area on which it is located. (B) If the lot frontage is greater than thirty lineal feet, a directory sign may not exceed twenty-two square feet, except that no wall directory sign may exceed the lesser of twenty-two square feet or fifteen percent of the wall area on which it is located. (C) A directory sign, either wall or ground sign, shall not exceed sixteen squ (2) Ground sign. (A) If lot frontage is up to thirty lineal feet, a ground sign shall not exceed twelve square feet for any building or portion of a building under separate management or control and not exceed six feet in elevation from the ground. (B) If lot frontage is greater than thirty lineal feet, a ground sign shall not exceed twenty-two square feet for any building or portion of a building under separate management or control and not exceed eleven feet in elevation from the ground. (3) Marquee sign. (A) A sign attached to the underside of a marquee (hanging sign) for each business conducted on the premises shall not exceed nine square feet in area, and the lower edges must be at least seven and one-half feet above the ground. (B) A sign attached to or otherwise displayed upon the face of the marquee shall not exceed a total sign area of twenty-two square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. (4) Projecting sign. A projecting sign for each business conducted on the premises, stating the name and the nature of the business, shall only be allowed on an exterior wall without an overhang and shall not exceed sixteen square feet. 3-37 § 3-90 H AWAI‘I C OUNTY C ODE (5) Wall sign. (A) If lot frontage is up to thirty lineal feet, a wall sign shall not exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, or twelve square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent of the area of the face of the building actually occupied by the business, or twelve square feet, whichever is less. (B) If lot frontage is greater than thirty lineal feet, a wall sign shall not exceed fifteen percent of the total exposed area of the wall, associated with the business for which the sign is displayed, or twenty-two square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent of the area of the face of the building actually occupied by the business or twenty-two square feet, whichever is less. (C) The total area of any wall covered by signage shall not exceed fifteen percent of the total area of the wall on which it is located, whether used by single or multiple businesses. (6) Window signs and painted window signs. For any business, one window sign fronting any street is allowed and shall cover no more than five percent of the total combined area of windows on the respective street frontage or ten square feet, whichever is less. (b) In any case, the total area allowed shall not exceed twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the (2015, ord 15-46, sec 4.) 3-90 Section 3-91. Sign elevation. Maximum sign elevation, measured from the finished ground elevation to the top of the sign, shall be as follows: (1) A directory wall sign shall not exceed nine feet in elevation. (2) The elevation of a ground sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. A ground sign shall not exceed six feet in elevation. Any lettering or symbols shall not be higher than five and one-half feet from the finished elevation. (3) A projecting sign may be placed no less than seven feet above ground, and may extend into no more than one-third of the width of any public area or pedestrian way, or four feet, whichever is less. 3-38 S IGNS § 3-89 (4) The top edge of a wall sign shall not exceed the top of the roof line of the building on which the sign is attached. (5) A window sign shall not exceed five and one-half feet in height. (2015, ord 15-46, sec 4.) 3-89 Section 3-92. Number of signs. (a) Only two signs for any commercial business for any street or vehicular access on which a building has its primary entrance shall be permitted. (b) In a multi-building complex, a directory sign for the complex may be allowed which shall not count as the one sign allowed for the building frontage. (2015, ord 15-46, sec 4.) 3-90 Section 3-93. In addition to the signs prohibited in section 3-7, the following types of signs are also prohibited i (1) Any sign or display which is constructed primarily of materials with a shiny, slick, or reflective surface such as fiberglass or acrylic plastic; (2) Any sign which is displayed on any roof or mansard roof, or when attached to a building extends above the lowest edge of any portion of the roof or mansard roof; (3) Any sign which has a vertical clearance of less than nine feet or projects, extends, or is otherwise displayed over or above any public street, park, other public places or pedestrian way, except as may be permitted by section 3-62 or chapter 22; (4) Any sign for product advertising when visible to the general public. A sign containing only the name of a business is not a sign for product advertising; (5) Any mechanical sign, graphic design or decorative element that functions through animation, revolvement, up, down, sidewards or any other similar movement, including but not limited to, any spinning device, light bulb border, flashing or mobile illumination; and (6) Any sign which is flashing, blinking, rotating or inflatable. (2015, ord 15-46, sec 4.) 3-93 Section 3-94. In addition to the exempt signs allowed in section 3-8, the following signs are exempt in the -8: (1) One temporary informational sign or poster for a temporary event, no larger than eight square feet, and posted for a period no longer than thirty days in a calendar year; and (2) Reasonable application upon the glass surface of a door or window of lettering or decals giving the address, hours of operation, entrance or exit information, professional or security affiliations or memberships, credit cards which are accepted, or other similar information. (2015, ord 15-46, sec 4.) 3-92 3-39 This page intentionally left blank. 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. SUPP. 15 (1-2024) i 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. Reserved. 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. SUPP. 15 (1-2024) ii A NIMALS § 4-1-1 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, honeybees 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 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. SUPP. 16 (7-2024) 4-1 § 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. SUPP.16 (7-2024) 4-2 A NIMALS § 4-1-1 “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.)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- SUPP. 16 (7-2024) 4-3 § 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 SUPP.16 (7-2024) 4-4 A NIMALS § 4-3-1 Article 3. Dogs, Cats, and Other Animals. * Editor’s Note: A new article 3, “Dogs, Cats, and Other Animals,” was created and sections 4-14 to 4-19 placed within this article by Ordinance 22-36. Section 4-3-1. Impoundment of animals. (a) If any animal, except dogs and cats, trespasses, roams, strays or grazes upon any public lands, private lands of another, or upon any public highway in the County, any police officer or officer may seize and impound such animal for such period of time as may be deemed necessary; provided that reasonable attempts have first been made to notify the owner or keeper of the animal to remove the animal. (b) If reasonable attempts to notify the owner or keeper of the animal are unsuccessful, if the owner or keeper is unknown, or the owner or keeper refuses or fails to remove the animal after notice, the animal may be seized and impounded by the police or any officer. The owner or keeper of the animal shall pay not less than $5 for each animal that is seized and impounded plus all additional costs incurred in the removal and transportation of the animal, and all costs for the feeding and care of each animal, including, but not limited to bona fide veterinary expenses. If any damage is done by the animals, the owner thereof shall pay to the proper claimant the full amount of damage or loss occasioned by the straying of the animals. (c) In case the charges and fees are not paid, or after forty-eight hours, in cases where the owners are unknown, the animals may be sold at public auction, or disposed of by the chief of police or the chief’s authorized representative. (1983 CC, c 4, art 4, sec 4-14; am 2022, ord 22-36, sec 5.)4-3-1 Section 4-3-2. Failure to remove animal; penalty. In addition to the charges or damages in section 4-3-1, the owner of any animal which trespasses, roams, strays, or grazes upon any public or private lands, or upon a public highway in the County, if upon notice, fails to remove the animals within twenty- four hours thereof, shall be guilty of a violation of this section and upon conviction thereof shall be fined not more than $100. (1983 CC, c 4, art 4, sec 4-15; am 2022, ord 22-36, sec 5.)4-3-2 Section 4-3-3. Duty upon striking animals, including dogs and cats. The driver of any vehicle which collides with or is involved in an accident with any animal, including dogs and cats, shall: (1) Stop, move the animal off the road, if possible, and render aid where necessary, and immediately; and (2) Have the animal’s owner located, or (3) Notify the police department or animal control and protection agency. There shall be a penalty of not more than $50 for each violation of paragraph (2) or (3) of this section. (1983 CC, c 4, art 4, sec 4-16; am 1986, ord 86-34, sec 1; am 2022, ord 22-36, sec 5; am 2023, ord 23-33, sec 5.)4-3-3 SUPP. 15 (1-2024) 4-5 § 4-3-4 H AWAI‘I C OUNTY C ODE Section 4-3-4. Cruelty to animals, including dogs and cats. A person commits the offense of cruelty to animals, dogs and cats if the person knowingly or recklessly: (1) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes; (2) Abandons any animal, dog or cat. There shall be a penalty of not more than $500 for each violation of this section. (1983 CC, c 4, art 4, sec 4-17; am 1986, ord 86-34, sec 2; am 2022, ord 22-36, sec 5.)4-3-4 Section 4-3-5. Places prohibited to animals, including dogs and cats. (a) Except as otherwise provided, it shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or on a leash or in restraint on or about any County beach park or any establishment or place of business where food or food products are sold or displayed, including but not limited to restaurants, grocery stores, meat markets, fruit or vegetable stores. (b) This section shall not apply to “Seeing Eye” dogs or other dogs necessarily utilized for the benefit of handicapped persons or to dogs used for purposes of law enforcement by law enforcement agencies of the Federal, State or County governments. (c) There shall be a penalty of not more than $50 for each violation of this section. (1983 CC, c 4, art 4, sec 4-18; am 1986, ord 86-34, sec 3; am 2022, ord 22-36, sec 5.)4-3-5 Section 4-3-6. Defecation and nuisance prohibited. (a) No person who owns, harbors, keeps or has charge or control of any dog or other small domesticated animal shall cause, suffer, or allow such animal to soil, defile, defecate on, or commit any nuisance on any part of any street, including any sidewalk, passageway or bypath, or on any play area, park, or place where people congregate or walk, or on any public property, or on any private property, without the permission of the owner of the property. (b) The restrictions in this section shall not apply to that portion of the roadway of any street which lies between and within three feet of the edges or curbs of the roadway, except at crosswalks or bus stops, provided that the person who owns, harbors, keeps or has charge or control of a domesticated animal shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container, and dispose of the same all in a sanitary manner. (c) There shall be a penalty of not more than $50 for violations of this section. (1983 CC, c 4, art 4, sec 4-19; am 1986, ord 86-34, sec 4; am 2022, ord 22-36, sec 5.)4-3-6 SUPP. 15 (1-2024) 4-6 A NIMALS § 4-4-1 Article 4. Dogs. * Editor’s Note: A new article 4, “Dogs” was created and divided into: division 1, “Dog License Fees;” division 2, “General Provisions;” and division 3, “Dangerous Dogs,” by Ordinance 22-36. Further, sections 4-12 to 4-13 were placed within division 1; sections 4-20 to 4-27, and 4-29 to 4-30 were placed within division 2; and sections 4-28, and 4-31 to 4-31.3 were placed within division 3. Division 1. Dog License Fees. Section 4-4-1. Fees. (a) The following fees are hereby established as biennial license fees for the privilege of owning, harboring or keeping of dogs in the County: (1) Sterilized dogs ........................................................................................... $2.00 (2) Unsterilized dogs ....................................................................................... $6.00 (b) For purpose of this section a sterilized dog means a spayed female dog and a neutered male dog. (1983 CC, c 4, art 3, sec 4-12; am 2022, ord 22-36, sec 6.)4-4-1 Section 4-4-2. Proof of sterilization. Any person seeking to have the person’s dog licensed at the sterilized dog rate must present a certificate from a veterinarian licensed to practice within the State showing the description, age, and breed of the dog and certifying its sterilization. (1983 CC, c 4, art 3, sec 4-13; am 2022, ord 22-36, sec 6.)4-4-2 Division 2. General Provisions. Section 4-4-21. Seizure of dogs by officers. (a) Seizure of unlicensed dogs. (1) Every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within a sufficient enclosure, and confine it in a pound or any suitable enclosure for a minimum period of forty-eight hours, during which time it shall be subject to redemption by its owner by payment of the license due, if any, and an impoundment fee of $10. Every dog found without a registration tag affixed to the dog’s collar will be deemed to be unlicensed. (2) If not so redeemed, the dog shall be sold by the officer for the amount of the license and impoundment fee, or as much more as can be obtained therefor, and if not so sold, it shall be humanely destroyed. (3) The owner of any unlicensed dog impounded and not claimed within forty- eight hours as provided in this section, may redeem the dog at any time before sale or destruction by paying to the animal control and protection agency, in addition to the amount of the license and impoundment fee, the sum of $5 per day for the number of days over two days the dog was impounded. (4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be paid to the director of finance. SUPP. 15 (1-2024) 4-7 § 4-4-21 H AWAI‘I C OUNTY C ODE (b) Seizure of licensed stray dogs. (1) Every officer shall seize and impound any licensed stray dog. (2) The officer shall notify the person to whom the license was issued, at the address given in the license certificate, and shall, upon demand made within forty-eight hours thereafter, release the dog to the person upon payment of an impoundment fee of $10. (3) If no person lawfully entitled to the dog shall, within seven days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the animal control and protection agency. (4) The owner of any licensed dog impounded and not claimed within forty-eight hours may redeem the dog at any time before the sale or destruction of the dog by paying to the animal control and protection agency, in addition to the $10 impoundment fee, the sum of $5 per day for the number of days over two days the dog was impounded. (5) All impoundment and kennel fees collected by the animal control and protection agency in any given month shall be deposited by the animal control and protection agency no later than the fifth day of the following month with the finance director to the credit of the County of Hawai‘i general fund account. (1983 CC, c 4, art 4, sec 4-20; am 1995, ord 95-32, sec 2; am 2022, ord 22-36, sec 6; am 2023, ord 23-33, sec 6.)4-4-21 Section 4-4-22. Seizure of stray dogs by persons other than officers. (a) Every person other than an officer as defined hereinabove who takes into possession any stray dog shall within forty-eight hours notify the animal control and protection agency and release the dog to the animal control and protection agency to be impounded and disposed of according to section 4-4-21. (b) There shall be a penalty of $10 for each violation of this section. (1983 CC, c 4, art 4, sec 4-21; am 2022, ord 22-36, sec 6; am 2023, ord 23-33, sec 7.)4-4-2 Section 4-4-23. Redemption of seized dogs after sale. The owner of any dog which has been seized and sold as provided in this chapter may, at any time within thirty days after the sale, redeem the same from the purchaser by paying to the purchaser the amount of the purchase price paid by the purchaser and the sum of $1 per day for the number of days from the date of sale to and including the date of redemption, plus bona fide veterinary expenses. (1983 CC, c 4, art 4, sec 4-22; am 2022, ord 22-36, sec 6.)4-4-2 Section 4-4-24. Female dogs. (a) Any female dog in season is not permitted to run at large or be off the premises of the owner or keeper during this period except when being exercised on a leash by a responsible adult. SUPP. 15 (1-2024) 4-8 A NIMALS § 4-4-24 (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 $25 for the first violation of this section. The second violation has a penalty of $75, the third $100, and any subsequent violation $200. (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.)4-4-2 SUPP. 15 (1-2024) 4-9 § 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 SUPP. 15 (1-2024) 4-10 A NIMALS § 4-4-29 Section 4-4-29. Leash required for public places. No person shall bring or permit any dog in any County park, public school ground, or airport unless it is held under control by a suitable leash, not more than six feet long; provided, however, that dogs even under control by a suitable leash shall not be allowed in any County beach park. These restrictions shall not apply to dogs utilized by police for patrol or other police purposes. 4-4-29 (1983 CC, c 4, art 4, sec 4-29; am 1986, ord 86-34, sec 5; am 2022, ord 22-36, sec 6.) Section 4-4-30. Penalty for permitting a dog to stray. In addition to other penalties listed in this chapter, the owner of any dog which strays upon any public lands or the private lands of another shall be fined as follows: (1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section: $25. (2) For any offense which occurs within a five-year period of a prior conviction under this section: $50. (3) For any offense which occurs within five years of two prior convictions under this section: $75. (4) For any offense which occurs within five years of three or more prior convictions under this section; any one or more of the following: (A) A fine of up to $500. (B) Up to one hundred hours of community service. (1983 CC, c 4, art 4, sec 4-30; am 1995, ord 95-32, sec 3; am 2022, ord 22-36, sec 6.)4-4-30 Division 3. Dangerous Dogs. Section 4-4-31. Dangerous dogs may be slain. (a) If any dangerous, fierce, or vicious dog shall be found running at large and cannot be taken up or tranquilized and impounded, such dog may be slain by any animal control officer. (b) Notwithstanding any provision to the contrary which may be found elsewhere in this chapter, where livestock have been killed, maimed or injured by any dangerous, fierce or vicious stray dog, the owner of such livestock or the owner’s agent, may take any action necessary to protect the owner’s livestock from such dangerous, fierce, or vicious dog, including, without limitation, slaying or otherwise disposing of the same. (1983 CC, c 4, art 4, sec 4-28; am 2022, ord 22-36, sec 6; am 2024, ord 24-26, sec 5.)4-4-31 SUPP. 16 (7-2024) 4-11 § 4-4-32 H AWAI‘I C OUNTY C ODE Section 4-4-32. Negligent failure to control a dangerous dog; penalties. (a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the person negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) The maiming or causing of serious injury to or the destruction of an animal; (2) Bodily injury to a person; (3) Substantial bodily injury to a person; or (4) Serious bodily injury or death. (b) For the purposes of this section, “reasonable measures to prevent the dog from attacking” shall include but not be limited to: (1) Measures required to be taken under sections 4-3-1, 4-3-2, 4-3-5, 4-4-21, 4-4-24, 4-4-30 and 4-9-1 of this chapter to prevent the dog from becoming a stray; and (2) Any conditions imposed by the court for the training of the dog or owner or for the supervision, confinement or restraint of the dog for a previous conviction under this section. (c) A person convicted under this section of a violation of subsections (a)(1) or (a)(2) shall be guilty of a petty misdemeanor and sentenced to one or more of the following: (1) A fine of not less than $200 nor more than $1,000; (2) A period of imprisonment of up to thirty days or, in lieu of imprisonment, a period of probation of not more than six months in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; or (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog. (d) A person convicted under this section of a violation of subsection (a)(3) shall be guilty of a class C felony and sentenced to one or more of the following: (1) A fine of not less than $500 nor more than $10,000; (2) A period of imprisonment of up to five years or, in lieu of imprisonment, a period of probation of four years with up to one year of imprisonment, in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog; or (4) The dog shall be humanely destroyed. (e) A person convicted under this section of a violation of subsection (a)(4) shall be guilty of a class B felony and sentenced to one or more of the following: (1) A fine of not less than $500 nor more than $25,000; (2) A period of imprisonment of up to ten years or, a period of probation of four years with up to eighteen months of imprisonment, in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; SUPP. 12 (7-2022) 4-12 A NIMALS § 4-4-32 (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog; or (4) The dog shall be humanely destroyed. (2002, ord 02-138, sec 3; am 2022, ord 22-36, secs 6 and 7.)4-4-32 Section 4-4-33. Habitual negligent failure to control a dangerous dog; penalties. (a) A dog owner commits the offense of habitual negligent failure to control a dangerous dog, if the person was convicted of a violation of section 4-4-32 within five years prior to the present incident, the prior violation involved the same dog, and the dog owner negligently failed to take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) The maiming or causing of serious injury to or the destruction of an animal; or (2) Bodily injury to a person. (b) A person convicted under this subsection shall be guilty of a misdemeanor and sentenced to one or both of the following procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes: (1) A fine of not less than $200 nor more than $2,000; (2) A period of imprisonment of up to one year, or in lieu of imprisonment, a period of probation of not more than one year in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog; or (4) The dog shall be humanely destroyed. (2022, ord 22-36, sec 10; am 2022, ord 22-36, sec 10.) Section 4-4-34. Citation and summons; seizure; relinquishment of ownership. (a) Upon finding probable cause to believe that there has been a violation of sections 4-4-32 or 4-4-33, a police officer may arrest or issue a summons and citation to the dog’s owner, or both. In addition to arresting or issuing a summons and citation to the owner, a police officer shall have the dog seized and impounded by animal control officers until: (1) the Court orders that the dog be humanely destroyed or returned to the owner, or; (2) a criminal case arising out of the violation of section 4-4-32 or 4-4-33 is dismissed, whichever comes first. Such impoundment may be at the premises of a licensed veterinarian, a County animal control facility, or at a commercial kennel. Medical and impound expenses incurred by the County relating to the care and custody of the dog may be collected from the owner, with waiver of expenses permitted based upon criteria outlined in the animal control and protection agency’s administrative rules. (b) If a dog is seized and impounded pursuant to this section, the citation shall notify the owner that if the owner does not appear at the time and place stated in the summons, the dog shall be subject to relinquishment pursuant to subsection (d). SUPP. 16 (7-2024) 4-13 § 4-4-34 H AWAI‘I C OUNTY C ODE (c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor and fined not less than $200 nor more than $2,000, imprisoned not more than thirty days, or both. (d) In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog as it deems appropriate. (e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the dog and any penalties which may be imposed by the court. (2002, ord 02-138, sec 3; am 2022, ord 22-36, secs 6 and 9; am 2024, ord 24-26, sec 6.)4-4-34 Section 4-4-35. Additional penalties. (a) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to the following provisions, in addition to the provisions of sections 4-4-32 and 4-4-33: (1) The owner shall provide the owner’s name, address, and telephone number to the County animal control and protection agency; (2) The owner shall provide the location at which the dog is currently kept, if such location is not the owner’s address; (3) The owner shall promptly notify the animal control and protection agency of: (A) Any changes in the ownership of the dog or the location of the dog along with the names, addresses, and telephone numbers of new owners or the new address at which the dog is located; (B) Any further instances of an attack by the dog upon a person or an animal; (C) Any claims made or lawsuits brought as a result of further instances of an attack by the dog; or (D) The death of the dog. (4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawai‘i Revised Statutes, if the dog is not currently licensed; and (5) Unless already identified by microchip, the dog shall be permanently identified, at the owner’s expense, by injecting into the dog an identification microchip using standard veterinary procedures and practices. The microchip identification number of the dog shall be provided to the County animal control and protection agency. (b) Unless the dog has been or is ordered to be humanely destroyed, in addition to the provisions of subsection (a), the dog owner may also be sentenced to any of the following terms or conditions: (1) When indoors, the dog be under the control of a person eighteen years of age or older; (2) When outdoors and unattended, the dog be kept within a locked fenced or walled area from which it cannot escape; (3) When outdoors and unattended, the dog be confined to an escape-proof kennel; SUPP.16 (7-2024) 4-14 A NIMALS § 4-4-35 (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- SUPP. 16 (7-2024) 4-15 § 4-9-1 H AWAI‘I C OUNTY C ODE Article 5. Reserved. 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- 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. 15 (1-2024) 4-16 A NIMALS § 4-9-2 (c) Upon verification of an animal control officer’s qualification and training, the animal control and protection administrator or the administrator’s designee shall issue an oath of office and identification badge or insignia to the animal control officer. (1992, ord 92-93, sec 3; am 2003, ord 03-116, sec 1; am 2022, ord 22-36, sec 16; am 2023, ord 23-33, sec 8.)4-9-2 Section 4-9-3. Summons. There shall be provided for use by officers authorized to enforce laws relating to the regulation and control of dogs, a form of summons for use in citing violators of the provisions of chapter 143, Hawai‘i Revised Statutes. Said summons shall be printed in a form commensurate with the form of other summonses used in modern methods of arrest, so designed to include all necessary information to make the same valid and legal within the laws and regulations of the State of Hawai‘i and the County of Hawai‘i. The form and content of such summons shall be as adopted or prescribed by the administrative judge of the district courts. In every case when a summons is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district courts may prescribe the giving to the violator a carbon copy of the summons, and provide for the disposition of the original and any other copies. Every summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (1986, ord 86-34, sec 6; am 2022, ord 22-36, sec 16.)4-9-3 Section 4-9-4. Failure to obey summons. It shall be unlawful for any person to fail to appear at the place and within the time specified in the summons issued to the person by an officer for any violation of any section of this article, regardless of the disposition of the charge for which the person was originally cited. (1986, ord 86-34, sec 6; am 2022, ord 22-36, sec 16.)4-9-4 Section 4-9-5. Issuance of complaint; when. In the event any person fails to comply with a summons given to such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for the person’s arrest. (1986, ord 86-34, sec 6; am 2022, ord 22-36, sec 16.)4- SUPP. 15 (1-2024) 4-17 § 4-9-6 H AWAI‘I C OUNTY C ODE Section 4-9-6.Disposition of fines and forfeitures. All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of this article shall be paid to the County of Hawai‘i and deposited in the general fund of the County of Hawai‘i. (1986, ord 86-34, sec 6; am 2022, ord 22-36, sec 16.)4-9-6 * Editor’s Note: Sections 4-31.4, “Severability;” 4-37, “Reference to Hawai‘i state law;” and 4-38, “Severability” were replaced by Ordinance 22-36. SUPP. 12 (7-2022) 4-18 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) i 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. Model plans for residential 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. 15 (1-2024) 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 model plans for residential dwellings. 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. 9 (1-2021) iii 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) iv C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-1 CHAPTER5 BUILDING (Rep 2020, ord 20-61, sec 12.) CHAPTER 5 CONSTRUCTION ADMINISTRATIVE CODE Article 1. General Provisions. Section 5-1-1. Title. This chapter shall be known as the “construction administrative code.” (2020, ord 20-61, sec 2.) 5-1-1 Section 5-1-2. Purpose. This chapter consolidates the administrative provisions relating to the County’s construction code, including 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 into one chapter. These administrative provisions relate to: permitting; enforcement; inspections; and related procedures. This consolidation will enable the County to develop a system based on a single permit, rather than multiple construction permits and generally promote consistency in procedures across construction disciplines. The purpose of these policy changes is to enable the County to implement its responsibilities in this area with greater efficiency and effectiveness. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 3.) 5-1-2 Section 5-1-3. Scope; exceptions. The provisions of this chapter shall apply to the administrative, permitting, enforcement, inspection, and related procedures of 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. This chapter shall apply to all building, electrical, and plumbing work related to the construction, alteration, movement, addition, replacement, repair, establishment of and changes in use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures within the County inland of the shoreline high-water line. This chapter shall not apply to: (1) Work on buildings or premises owned by or under the direct control of the Federal government; (2) Work in public State or County road right-of-ways for utility installations, street lighting, traffic signals, police and fire alarms, bridges, poles, hydraulic flood control structures, and mechanical equipment not specifically regulated in this code where installed: (A) Outside the proposed premises or boundary lines in a subdivision under development; or SUPP. 11 (1-2022) 5-1 § 5-1-3 H AWAI‘I C OUNTY C ODE (B) In an approved subdivision, where the work is in planned or actual roadways or other common infrastructure areas; (3) Pursuant to section 448E-13, Hawai‘i Revised Statutes, work by employees of a public utility within the State under a franchise or charter granted by the State which is regulated by the public utilities commission and community antennae television company, while so employed; (4) Electrical work related to work regulated by chapter 397, Hawai‘i Revised Statutes, relating to the elevator code, but not including electrical work for the supply of power to the control panels of elevators, dumbwaiters, escalators, moving walks, and manlifts; (5) Replacement or repair of electrical devices and apparatus for air conditioning, refrigeration, and heating systems, except electrical work on overcurrent devices that are not physically attached to, or physically mounted on, such systems; (6) The construction, alteration or repair of electrical devices commonly used in the home such as portable appliances as defined in section 5-1-5; (7) Plumbing work related to work regulated by chapter 397, Hawai‘i Revised Statutes, relating to boilers and pressure vessels; and (8) Agricultural buildings, structures, and appurtenances without electrical power and plumbing systems are exempt from permit and construction code requirements pursuant to section 46-88, Hawai‘i Revised Statutes, except as otherwise provided for in this construction code. No electrical power and no plumbing systems shall be connected to a building or structure without first obtaining a permit for electrical or plumbing work. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 4.) 5-1-3 Section 5-1-4. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of this code may have their existing permitted use or occupancy continued if such use or occupancy was legal at the time of the adoption of this code, provided such continued use does not constitute a hazard to the general safety and welfare of the occupants and the public. (b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and change of occupancy to a building or structure in existence at the time of the adoption of this code shall comply with the requirements of chapter 34 of the International Building Code, relating to existing structures, until the adoption by the County of the International Existing Building Code. * (2020, ord 20-61, sec 2.) 5-1-4 * Editor’s Note: The County adopted the International Existing Building Code on September 8, 2021, in Ordinance 21-41. Section 5-1-5. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: 2 “Accessory structure” means a structure not greater than 3,000 square feet (279 m) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. SUPP. 11 (1-2022) 5-2 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) 5-3 § 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. “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. “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. SUPP. 11 (1-2022) 5-4 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-5 “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.) 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 SUPP. 11 (1-2022) 5-5 § 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. SUPP. 11 (1-2022) 5-6 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-2-3 (c) The granting of a permit, variance, or approval of plans or specifications pursuant to the construction code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 9.) 5-2-3 Section 5-2-4. Conflict. (a) If any provisions of the construction code conflict with or contravene provisions of the Hawai‘i State Building Codes, International Building Code, International Residential Code, International Existing Building Code, National Electrical Code, Uniform Plumbing Code, or the International Energy Conservation Code, that have been incorporated by reference, the provisions of the construction code shall prevail as to all matters and questions arising out of the subject matter of that provision. (b) In situations where two or more provisions of the construction code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 10.) 5-2-4 Section 5-2-5. Adoption of rules. The authority having jurisdiction may adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of the construction code. (2020, ord 20-61, sec 2.) 5-2-5 Section 5-2-6. Right of entry. Upon presentation of proper credentials, the authority having jurisdiction may enter a building, structure, premises, or building site at reasonable times to inspect or to perform any duty imposed by the construction code. Such entry shall be made in such a manner as to cause the least possible inconvenience to the persons in possession. If such building, structure, premises, or building site is unoccupied, the authority having jurisdiction shall first make a reasonable effort to locate the owner, owner’s agent, or person responsible for the building, structure, premises, or building site and request entry. An order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted. (2020, ord 20-61, sec 2.) 5-2-6 Section 5-2-7. Deputies. In accordance with applicable procedures the authority having jurisdiction shall have the authority to: (1) Appoint technical officers, inspectors, plan examiners, and other personnel necessary to support the department; (2) Deputize inspectors or employees who shall have powers delegated to them by the authority having jurisdiction; and (3) Deputize volunteers to temporarily carry out functions of the department in the event of an emergency as defined in chapter 127A, Hawai‘i Revised Statutes. (2020, ord 20-61, sec 2.) 5-2-7 SUPP. 11 (1-2022) 5-7 § 5-2-8 H AWAI‘I C OUNTY C ODE Section 5-2-8. Limited liability of authorized personnel. (a) The authorized personnel charged with the administration and enforcement of the construction code, while acting in good faith and without malice in the discharge of the duties required by the construction code or other applicable law, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of the construction code or other applicable law implemented through the enforcement of the construction code shall be defended by the County until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. (b) Neither the County nor any department, board, commission, officer, employee, or agent shall be held liable or responsible for any damage or injury caused by or resulting from the issuance of any permit, or any inspection or approval or issuance of a certificate of inspection, made under the provisions of the construction code. (c) The construction code shall not be construed to relieve from or lessen the responsibility of any person for damages from any defect, arising out of the ownership, operation, or installation of any: (1) Electrical wires, appliances, apparatus, construction, or equipment; or (2) Plumbing, gas, or drainage systems. (2020, ord 20-61, sec 2.) 5-2-8 Division 2. Materials, equipment, devices, design, and methods of construction. Section 5-2-21. Approved materials, equipment, and devices. Materials, equipment, and devices approved by the authority having jurisdiction shall be constructed and installed in accordance with such approval. (2020, ord 20-61, sec 2.) 5-2-21 Section 5-2-22. Used materials, equipment, and devices. The use of used materials that meet the requirements of the construction code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the authority having jurisdiction. (2020, ord 20-61, sec 2.) 5-2-22 Section 5-2-23. Alternative materials, equipment, design, or methods of construction. (a) The provisions of the construction code are not intended to prevent the installation of any material or equipment; or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved by the authority having jurisdiction. SUPP.9 (1-2021) 5-8 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-2-23 (b) Requests for qualified and approved alternative materials, equipment, design, or methods of construction shall include a stamped certification from a person who is licensed in the State of Hawai‘i as an architect or professional engineer, that the proposed alternative meets or exceeds the standards set in subsection (c). Supporting data as prescribed in subsections (d) and (e) shall be required to support the request. (c) An alternative material, equipment, design, or method of construction may be approved where the authority having jurisdiction finds that the proposed design is satisfactory and complies with the intent of the provisions of the construction code, and that the material, equipment, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. (d) Research reports. Supporting data, where necessary to assist in the approval of materials, assemblies, or equipment not specifically provided for in the construction code, shall consist of valid research reports from approved sources. (e) Tests. Whenever there is insufficient evidence of compliance with the provisions of the construction code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the authority having jurisdiction shall have the authority to require tests as evidence of compliance to be made at no expense to the County. Test methods shall be as specified in the construction code or by other recognized test standards. In the absence of recognized and accepted test methods, the authority having jurisdiction shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the authority having jurisdiction for the period required for retention of public records. (2020, ord 20-61, sec 2.) 5-2-23 Section 5-2-24. Modifications. (a) Wherever there are practical difficulties involved in carrying out the provisions of the construction code, the authority having jurisdiction may grant modifications for individual cases, upon application by an owner or owner’s representative. As used in this section, “modification” means an exception to the provisions of the construction code that may be granted in individual cases, by the authority having jurisdiction. No modification from the strict application of any provision of the construction code shall be granted by the authority having jurisdiction unless it finds all of the following: (1) That an individual reason exists that in this instance renders compliance with the strict letter of the construction code impractical; (2) The modification will be consistent with the intent and purpose of the construction code; and (3) That the granting of the modification will not lessen health, accessibility, life and fire safety, or structural requirements. SUPP. 9 (1-2021) 5-9 § 5-2-24 H AWAI‘I C OUNTY C ODE (b) In granting a modification, the authority having jurisdiction may prescribe conditions that it deems to be necessary or desirable. (c) The details of actions granting modifications shall be recorded and entered in the files of the authority having jurisdiction. (2020, ord 20-61, sec 2.) 5-2-24 Article 3. Permits; When Required. Division 1. Permits required. Section 5-3-1. Permit required; generally. (a) Except as provided in division 2, no person shall perform any of the following work or cause or permit the same to be done on any building or structure in the County, without first obtaining a permit for this work from the authority having jurisdiction: (1) Erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or demolish any building or structure; (2) Erect, install, enlarge, alter, repair, remove, convert, or replace any electrical work; or (3) Erect, install, enlarge, alter, repair, remove, convert, or replace any plumbing, fire sprinkler, gas, or drainage piping work, or any fixture, gas appliance, water heating, or water treating equipment. (b) A permit shall be required for, but not limited to, the following: (1) Gas tanks and piping. Installation, removal, alteration, repair, or replacement of all gas tanks and piping on private property. (2) Handicap accessible routes. Construction or renovation of handicap accessible routes from parking lot to building or from building to building on a lot. (3) Retaining walls. Erection, construction, enlargement, alteration, repair, moving, conversion, or demolition of retaining walls four feet and higher. Stepped or terraced retaining walls within eight feet of each other are considered to be one wall when determining wall height. (4) Solar photovoltaic systems. Complete new installations of all solar photovoltaic residential and non- residential systems, or the replacement of an existing system with all new components, or relocation of panels from roof to ground or vice versa. (5) Solar water heating systems or components. Complete new installations of all solar water heating systems, the complete replacement of existing system with all new components, or relocation of panels from roof to ground or vice versa. SUPP.9 (1-2021) 5-10 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-3-1 (6) Television or radio communication towers. Erect, construct, enlarge, alter, repair, relocate, convert, or demolish any television or radio communication tower that is not regulated by the public utilities commission. (7) Water tanks or catchments. Installation, removal, alteration, repair, or replacement of water tanks or catchments intended for potable use, household use, or fire protection, regardless of height or size. For additional requirements where water tank or catchment systems are used as means of fire protection, see chapter 26, Hawai‘i County Code. (8) Air conditioning systems. Installation, removal, alteration, repair, or conversion of any heating, ventilation, or air conditioning system. (2020, ord 20-61, sec 2.) 5-3-1 Section 5-3-2. Factory-built housing. (a) No person shall perform any of the following work or cause or permit the same to be done on any factory-built housing in the County, without first obtaining a permit for this work from the authority having jurisdiction: (1) Manufacture, install, erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or demolish any factory-built housing; (2) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace any electrical work; or (3) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace any plumbing, fire sprinkler, gas, or drainage piping work, or any fixture, gas appliance, water heating, or water treating equipment. (b) To obtain a permit, an applicant shall comply with sections: 5-4-1; 5-4-2, 5-4-3, 5-4- 4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8. (c) For the purposes of this section, “manufacture” means the process of making, fabricating, constructing, forming, or assembling a FBH at a place other than the building site. (2020, ord 20-61, sec 2.) 5-3-2 Section 5-3-3. Relocation of buildings. (a) A permit is required to relocate a building pursuant to section 5-3-1. (b) Buildings moved into or within the jurisdiction shall comply with the provisions of the construction code for new structures. Exception: R3 dwellings are exempted from this subsection but existing plumbing and electrical systems contained within R3 dwellings shall be brought up to current code. SUPP. 9 (1-2021) 5-11 § 5-3-3 H AWAI‘I C OUNTY C ODE (c) No permit shall be issued to relocate any dwelling, accessory to a dwelling, or portion thereof, that has sustained substantial damage. As used in this section, “substantial damage” means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its undamaged condition would equal or exceed fifty percent of the market value of the structure before damage occurred. (d) Except as otherwise provided in subsection (b), the foundation, plumbing, and electrical work at the final destination of the relocated building shall comply with the provisions of the construction code for new structures and shall comply with flood hazard regulations, land use ordinances and all other applicable laws. (2020, ord 20-61, sec 2.) 5-3-3 Section 5-3-4. Temporary permits; required. (a) The authority having jurisdiction may authorize a permit for temporary structures and temporary uses. A temporary permit for tents and similar structures shall be limited to a period of not more than one hundred eighty consecutive days unless regulated by the fire code. The authority having jurisdiction may grant one or more extensions of time for additional periods not exceeding ninety 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. A $50 fee is required for a temporary permit. (b) A temporary permit shall be required for, but not limited to, installation or construction of the following structures for a period of not more than one hundred eighty consecutive days: (1) A tent or similar structure which is to be used for commercial or religious purposes, such as rallies, festivals, amusements and sideshows; (2) Props for films, television, or live plays and performances; or (3) Structures, buildings, platforms, construction trailers, water tanks, or fences used during the construction of a permitted structure. (c) Tents of canvas, plastic or similar material shall not be used as a residence. (d) The grant of a temporary permit pursuant to this section shall not be deemed to grant authorization for any electrical or plumbing work to be done in a manner that violates the provisions of the construction code or any other applicable laws. (e) The permit may be canceled for cause by the authority having jurisdiction or the fire department at any time before expiration of the time stated in the permit. Upon such cancellation or upon the expiration of the time stated therein, the structure or structures shall be promptly removed. (2020, ord 20-61, sec 2.) 5-3-4 Section 5-3-5. Separate permit; required. A separate permit shall be required for each building or structure, provided that one permit may be obtained for: (1) Building or constructing a dwelling and its accessories, such as a fence, wall, pool, and a garage; SUPP.9 (1-2021) 5-12 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) 5-13 § 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, gazebo, playhouse, animal shed, or for a similar use, provided: (i) The structures are located on residential zoned land; (ii) The total floor area of the accessory structures does not exceed two hundred square feet and is not greater than fifteen feet above finish grade; and (iii) 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 5; 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 $7,500 per structure in any twelve-month period, and do not affect or modify any existing electrical or mechanical installations. Repairs that cost over $7,500 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.9 (1-2021) 5-14 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.) 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. SUPP. 9 (1-2021) 5-15 § 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: SUPP.9 (1-2021) 5-16 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-3-25 (1) Emergency building work including the repair of any legally erected existing structure that was damaged during an emergency. The damage resulting from the emergency must be to an extent that it requires immediate action to prevent substantial physical harm to persons or property. As used in this section, “repair” means any restoration, reconstruction, or other work performed to return a structure to its former condition that does not increase the floor area of the structure beyond that of the structure prior to the major disaster, and is in conformance with the construction code, flood hazard regulations, land use ordinances, and other applicable laws. (2) Emergency electrical work, including work on electrical wiring to restore electrical service to a building following a fire, to remedy a power failure, and to protect persons and property against short circuiting and open circuits. (3) Emergency plumbing work, including work to remedy leaks in drains, soil, waste, vent pipes, or conditions that are otherwise dangerous to human health or public welfare. (b) A one-time emergency inspection may be conducted to verify that the immediate threat to public health, life and safety has been remedied. Upon issuance of the emergency work permit pursuant to subsection (a), regular inspections shall be conducted pursuant to sections 5-8-4 and 5-8-5. (c) This section shall not be interpreted to authorize violation of other provisions of the construction code or other applicable laws. Structures or portions thereof that were illegally erected or constructed shall not be repaired under this section. (2020, ord 20-61, sec 2.) 5-3-25 Article 4. Permit Application. Division 1. Application. Section 5-4-1. Application for permit. (a) To obtain a permit, an applicant shall file an application in writing or online on a form furnished by the authority having jurisdiction for that purpose. Applications shall: (1) Identify and describe the work to be covered by the permit for which the application is made and the owner of the property; (2) Describe the property on which the proposed work is to be done in sufficient detail to determine the precise location of the property involved, including legal description, tax map key number, street address, or similar description that will readily identify and definitely locate the proposed building or work; (3) Indicate the use and occupancy for which the proposed work is intended; (4) Be accompanied by plans, specifications, construction documents and other information as required in this article; SUPP. 9 (1-2021) 5-17 § 5-4-1 H AWAI‘I C OUNTY C ODE (5) If submitting plans, specifications, or construction documents pursuant to section 464-13(b), Hawai‘i Revised Statutes, the applicant shall include proof of recordation with the bureau of conveyances in accordance with section 464-13(c), Hawai‘i Revised Statutes; (6) State the estimated value of the proposed work; (7) Indicate that the owner or the owner’s authorized agent consents to the permit application, by inclusion of the owner or the owner’s authorized agent’s signature on the application; (8) Declare the phases of work, if any, that will be performed by a contractor or specialty contractor, or both, as required by law; (9) Provide the name and license number of all specialty contractors involved in the project, in compliance with the provisions of chapter 444, Hawai‘i Revised Statutes; (10) Be signed by the responsible managing employee or authorized employee of each contractor designated in paragraphs (8) and (9); (11) Provide email and telephone number of applicant or agent; (12) Include a non-refundable permit plan review fee pursuant to section 5-7-1; and (13) Contain any other information necessary to enforce the provisions of the construction code as may be required by the authority having jurisdiction. (b) Applications and required documents shall be filed in writing. After the authority having jurisdiction implements its electronic filing system, applicants may submit documents in writing or electronically. (c) Applications that do not conform to the provisions of division 2 shall not be accepted by the authority having jurisdiction. (2020, ord 20-61, sec 2.) 5-4-1 Section 5-4-2. Plans, specifications, and other data. (a) The following documents shall be submitted with each application for a permit: plans; specifications; engineering calculations; diagrams; soil investigation reports; code search; special inspection and structural observation programs; and other data as may be required by the authority having jurisdiction. (b) Number of sets of documents to be submitted with each application: (1) Two sets for single and two-family dwellings or town houses (R-3 Occupancy); (2) Two sets for accessory structures; and (3) Three sets for all other occupancies. (c) Plans and specifications shall: (1) Be drawn to scale upon substantial paper that is of sufficient size that the plans and specifications when in print form, are legible without magnification; (2) Be of sufficient clarity to indicate the nature and extent of work proposed and show in detail that it will conform to the provisions of the construction code and all applicable laws; (3) Display the following information on the first sheet of each set of plans: (A) The tax map key number of the job site; SUPP.9 (1-2021) 5-18 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-4-2 (B) The name and address of the owner as referenced on real property records; (C) The name and address of the person who prepared the plans; (D) The following code search information: (i) The basis of the building design including but not limited to the following: type of construction; occupancy; basic allowable floor areas; separation for mixed occupancy; number of occupants, wind speed (basic, effective), wind exposure, seismic zone, and exposure, etc. In lieu of detailed specifications, the authority having jurisdiction may approve references on the plans to a specific section or part of the construction code or other ordinances or laws; (ii) Calculations, stress diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the authority having jurisdiction; (iii) All plans other than R-3 and U occupancies shall have on the plans information of occupancy, type of construction, floor area computations, allowable area increases, separation wall if used, fire resistive substitution, fire sprinkler, exits, etc.; (iv) Code search information for building design; and (v) Additional forms required in the construction code; and (E) Floor area computations, including major and accessible floor area, that are clearly labeled; and (4) Include a plot plan showing the location of: (A) The proposed building; (B) Every existing building and/or structure on the property, including but not limited to retaining walls, water tanks, pools, etc.; (C) Distances between buildings; (D) Setbacks; and (E) Certified flood zone elevation mark, as applicable. (2020, ord 20-61, sec 2.) 5-4-2 Section 5-4-3. Engineers and architects; work. (a) All plans and specifications relating to work which affects the public safety or health and for which a permit is required shall be prepared, designed, and stamped by a duly licensed architect or professional engineer in the State of Hawai‘i in accordance with chapter 464, Hawai‘i Revised Statutes and section 16-115, Hawai‘i Administrative Rules unless the work is exempt pursuant to section 464-13(b), Hawai‘i Revised Statutes. (b) The following plans and specifications shall be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as an architect or professional structural engineer: (1) All wood trusses of more than 24’ - 0” spans; and (2) All pre-engineered trusses and metal trusses. SUPP. 9 (1-2021) 5-19 § 5-4-3 H AWAI‘I C OUNTY C ODE (c) For residential (R-3 Occupancies) and accessory (U Occupancies) only, the following plans and specifications shall be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as an architect or professional structural engineer, unless exempt pursuant to section 464.13(b), Hawai‘i Revised Statutes. Whenever the exemption provided for in section 464.13(b) is applied to the construction of a new building, the applicant shall include with the application, proof that the exemption has been recorded with the bureau of conveyances pursuant to section 464-13(c), Hawai‘i Revised Statutes. (1) All plans for post and pier type construction with/without perimeter foundation walls of R-3 Occupancies. (2) Single story or two-story structure for R-3 Occupancy unless exempt pursuant to section 464.13(b), Hawai‘i Revised Statutes. (3) Single story or two-story structure of mixed occupancies (R-3 and U Occupancies) pursuant to section 464.13(b), Hawai‘i Revised Statutes. (4) Structures of R-3 or U Occupancies that are three or more stories in height. (5) Structural members that are concrete, masonry or structural steel. (6) Proposed construction in special hazard flood zones: AE, AH, AO, V, and VE, as prescribed in chapter 27, relating to flood control; electrical installations per chapter 5D, relating to the electrical code; and plumbing installations per chapter 5F, relating to the plumbing code. (7) Structures in high seismic zones. (Category E or Sv > 0.75) (d) All plans and specifications for retaining walls over four feet in height shall be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as an architect or professional structural engineer. (e) Electrical plans and specifications giving such details of the proposed installation as may be required by the authority having jurisdiction to be submitted with the application. Such plans and specifications shall be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as a professional electrical engineer. Exception: For single and two-family dwellings, townhouses and accessory structures, plans and specifications shall not be required provided the installation meets all of the following criteria: (1) The installation shall not be located in a rain water or sea water flood zone; and (2) Service size disconnect does not exceed 200 amperes. (f) Installation of photovoltaic systems shall require: (1) Electrical design drawings and specifications that have been prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as a professional electrical engineer for residential installations with a cumulative total greater than 10 kilowatts and non-residential installations; and (2) Plans and specifications for building work that have been prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as an architect or a professional structural engineer for: (A) Non-residential installations; or SUPP.15 (1-2024) 5-20 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-4-3 (B) Residential installations that do not utilize a preapproved system or that are not consistent with approved standards including but not limited to, those relating to span tables, older homes or site-built trusses. (g) Installation of electrical work on residential and nonresidential electrical work in special flood hazard areas shall be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as a professional electrical engineer. (h) Mechanical plans, included but not limited to plumbing installation and HVAC installation drawings, specifications shall be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as a professional mechanical engineer, and shall be according to State statutes when required by the authority having jurisdiction. Plans for single- or two family dwellings are not required to show plumbing piping plans or diagrams unless requested by the authority having jurisdiction. Exception: For single and two-family dwellings and residential accessory structures, plans and specifications may be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as an architect or professional mechanical engineer. (i) Plumbing plans and diagrams shall be required for R-3 single and two family dwellings and townhouses that include four or more bathrooms. (j) The authority having jurisdiction may require plans, computations, and specifications to be prepared, designed, and stamped by a person who is licensed in the State of Hawai‘i as an architect or professional engineer, if prescriptive requirements of the construction code are not being adhered to. (k) No person shall materially deviate from any reviewed plan or specifications or fail, neglect or refuse to comply herewith, unless permission to do so has first been obtained from the person who is licensed in the State of Hawai‘i and listed as the architect or professional engineer of record. Revised drawings or a letter, or both, that show such deviations and have been prepared, designed, and stamped by the architect or professional engineer of record, shall be submitted to the authority having jurisdiction for review and approval. (2020, ord 20-61, sec 2; am 2023, ord 23-88, sec 1.) 5-4-3 Section 5-4-4. Contractors and specialty contractors; work. (a) Prior to issuance of a permit, applicants for a permit shall file a statement with the authority having jurisdiction that includes the following: (1) Name; address, email address and telephone number of each contractor or specialty contractor engaged to work upon the building, structure, or project; (2) Name of the responsible managing employee or authorized employee of each contractor or specialty contractor; (3) Phase or phases of work to be performed by each contractor or specialty contractor; SUPP. 15 (1-2024) 5-21 § 5-4-4 H AWAI‘I C OUNTY C ODE (4) License numbers for each contractor or specialty contractor and a statement that such licenses are in full force and effect, or if the applicant is exempt from chapter 444, Hawai‘i Revised Statutes, the basis for the claimed exemption, pursuant to section 444-9.1, Hawai‘i Revised Statutes; and (5) A signature by the responsible managing employee or authorized employee of each contractor and specialty contractor. (b) Whenever used in this section, in accordance with section 444-7, Hawai‘i Revised Statutes, “specialty contractor” means a contractor whose operations as such are the performance of construction work requiring special skill such as, but not limited to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying by any installation method, plumbing, or roofing work, and others whose principal contracting business involves the use of specialized building trades or crafts. (2020, ord 20-61, sec 2.) 5-4-4 Section 5-4-5. Review of application. (a) The application, plans, specifications, and other data filed by an applicant for a permit shall be reviewed by the authority having jurisdiction. Plans shall also be reviewed by other appropriate departments and divisions of the County and the State to verify compliance with laws under their jurisdiction. (b) Nothing contained in the construction code shall be construed to require the authority having jurisdiction to accept or reject any permit application before completion of reviews required pursuant to the construction code and other applicable laws. (2020, ord 20-61, sec 2.) 5-4-5 Section 5-4-6. Action on application. (a) If the application, plans, specifications, and other data filed by an applicant for a permit do not conform to the requirements of pertinent laws, the authority having jurisdiction shall reject such application in writing, stating the reasons therefor. (b) If the authority having jurisdiction finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of the construction code and all other pertinent laws, and the fees specified in article 7 have been paid, the authority having jurisdiction shall issue a permit therefor to the applicant. (2020, ord 20-61, sec 2.) 5-4-6 Section 5-4-7. Withdrawal of application. (a) An applicant shall have one hundred eighty days from the date of submission to obtain a permit. (b) The application will be determined to be abandoned and therefore withdrawn by the applicant if after the one hundred eighty days: (1) The applicant fails to submit, dispute, or otherwise act on errors or deficiencies noted on the application; or (2) The applicant fails to pay the permit fee. SUPP.15 (1-2024) 5-22 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-4-7 (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. Model plans for residential dwellings; pre-approval. (a) Model plan pre-approval. Model plans for residential dwellings may be pre-approved by the authority having jurisdiction. The application process for a permit that is based on model plans for residential 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 subsection 5-4-5. SUPP. 15 (1-2024) 5-23 § 5-4-21 H AWAI‘I C OUNTY C ODE (b) Model home designs. (1) Eligible model home designs shall have no limitation on size. Exception: A maximum of a two-car carport/garage may be included. (2) Layouts of plans that are mirrored or reversed versions of previously approved plans, will be considered to be separate and an additional model home design 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 an additional home design subject to paragraph (1) of this subsection. (c) Application for model plan pre-approval. (1) To apply for pre-approval of a model plan, three sets of complete working drawings and specifications that bear the wet 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) Factory-built homes shall include a manufacturer’s label as required by Appendix U of chapter 5B, the residential building code. (3) A plan review fee for pre-approved model plans shall be assessed per model home design 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 model 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 model plan pre-approval. Pre-approved model plans for home designs shall remain valid until a new edition of the model 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 for a model home design the owner/contractor shall: (A) Submit two sets of complete working drawings showing the pre-approved model number along with the manufacturer’s wet 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 model home designs, 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 wet seal or signature as submitted on the pre-approved model home design, pursuant to subsection (c)(1). SUPP. 11 (1-2022) 5-24 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.) 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. 11 (1-2022) 5-25 § 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) 5-26 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-5-5 (b) Requests for permit deadline extensions shall be submitted in writing to the authority having jurisdiction at least thirty days prior to the permit expiration date and an acknowledgement by the authority having jurisdiction will be sent upon receipt. The written request shall include: (1) A written statement explaining how unforeseen circumstances have affected the progress of the construction project; (2) Supporting documentation demonstrating a legitimate need for the extension; and (3) The duration of time during which work was suspended, and the proposed timeline to complete the project. (c) A decision on the request for a permit deadline extension will be sent within thirty days of receipt of the request. If the authority having jurisdiction fails to render a decision within thirty days of the request, the permit shall not expire until such time as a decision is rendered. (d) Permit extensions shall not exceed one extension of one hundred eighty days. (e) A permit holder whose request for a permit extension is denied may appeal the decision to the board of appeals within thirty days of receiving notice of the denial pursuant to section 5-11-3. (2020, ord 20-61, sec 2; am 2023, ord 23-87, sec 4.) 5-5-5 Section 5-5-6. Retention of plans. One set of approved plans, specifications, and computations shall be retained by the authority having jurisdiction for a period of not less than ninety calendar days from the date of completion of the work covered therein. In addition, one set of approved plans shall be returned to the applicant and shall be kept on the job site at all times during which the work authorized thereby is in progress. (2020, ord 20-61, sec 2.) 5-5-6 Article 6. Eligibility to Work. Section 5-6-1. Persons to whom a permit may be issued. (a) A permit to do building work regulated by the construction code may be issued only to: (1) A contractor or specialty contractor who is licensed pursuant to chapter 444, Hawai‘i Revised Statutes; or (2) An “owner-builder” pursuant to the owner-builder exemption as defined by section 444-2.5, Hawai‘i Revised Statutes. (b) A permit to do electrical work regulated by the construction code, may be issued only to: (1) An electrical contractor licensed pursuant to chapter 444, Hawai‘i Revised Statutes; SUPP. 15 (1-2024) 5-27 § 5-6-1 H AWAI‘I C OUNTY C ODE (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. Only one such permit may be issued to such homeowner unless the authority having jurisdiction finds that strict application of this provision would result in practical difficulty and hardship and that the granting of a second permit would not be contrary to the purpose of the construction code. This does not preclude the homeowner from obtaining additional permits for the same building or accessory building on the same lot; (3) A supervising electrician or supervising specialty electrician licensed pursuant to chapter 448E, Hawai‘i Revised Statutes: (A) Who is employed as a maintenance electrician by someone other than a contractor described above; (B) Who is employed by the County or State; or (C) Who is applying for electrical work for such person’s own dwelling; or (4) A journey worker electrician licensed pursuant to chapter 448E, Hawai‘i Revised Statutes, and employed by the County of Hawai‘i. (c) A permit to do plumbing work regulated by the construction code may be issued only to: (1) A plumbing contractor licensed pursuant to chapter 444, Hawai‘i Revised Statutes; (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 licensed pursuant to chapter 448E, Hawai‘i Revised Statutes. Only one such permit may be issued to such a homeowner, unless the authority having jurisdiction finds that strict application would result in practical difficulty and hardship and that the granting of a second permit would not be contrary to the purposes of the code. This does not preclude the homeowner from obtaining additional permits for the same building or accessory building on the same lot; (3) A master plumber licensed pursuant to chapter 448E, Hawai‘i Revised Statutes: (A) Who is employed as a maintenance plumber by someone other than a contractor described above; (B) Who is employed by the County or State; or (C) Who is applying for plumbing work for such person’s own dwelling; or (4) A journey worker plumber licensed pursuant to chapter 448E, Hawai‘i Revised Statutes, and employed by the County of Hawai‘i or by a gas utility. (2020, ord 20-61, sec 2.) 5-6-1 SUPP.9 (1-2021) 5-28 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) 5-29 § 5-7-2 H AWAI‘I C OUNTY C ODE Section 5-7-2. Plan review fee for pre-approved model plans for residential dwellings. A plan review fee shall be assessed on model plans for residential dwellings. Each unique model plan of a residential dwelling shall be subject to a separate fee. These one-time plan review fees shall be based on the schedule below. PLAN REVIEW FEE FOR PRE-APPROVED MODEL PLANS FOR RESIDENTIAL DWELLINGS (Per Unique Design) CategoryFees A.County of Hawai‘i, Department of Public Works, Building $150 Division pre-approved single family dwelling with architect or structural engineer stamp 900 sq. ft. - 1,100 sq. ft. (living area only with one car or two car carport). B. County of Hawai‘i, Department of Public Works, Building $200 Division pre-approved single-family dwelling with architect or structural engineer stamp 1,101 sq. ft. - 1,400 sq. ft. (living area only with one car or two car carport). C. Dwellings over 1,401 sq. ft. including all single-family $20 per 100 sq. ft. model homes with no minimum sq. ft. requirement. (To or fraction thereof include all enclosed areas under roof.) (2020, ord 20-61, sec 2.) 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: SUPP.9 (1-2021) 5-30 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-7-3 PERMITFEES GeneralConstruction Valuation Fees $0 to $500 $10 $10 for the first $500 plus $1.50 for each $501 to $2,000 additional $100 or fraction thereof, to and including $2,000. $32.50 for the first $2,000 plus $7.50 for $2,001 to $25,000 each additional $1,000 or fraction thereof, to and including $25,000. $205 for the first $25,000 plus $6 for each $25,001 to $50,000 additional $1,000 or fraction thereof, to and including $50,000. $355 for the first $50,000 plus $3 for each $50,001 and up additional $1,000 or fraction thereof. Other Carport, garages, porches, $10 per 100 sq. ft. or fraction thereof. patios or lanais and detached U structures. (c) Valuation. The determination of average construction costs shall be based upon the most recent building valuation data published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478-5795. This valuation data is based on typical construction methods and for the purpose of determining permit fees necessary to fund code compliance activities. The valuation shall consist of the total average construction cost, per square foot, of all construction work for which the permit is issued, including all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire- extinguishing systems and any other permanent work, permanent equipment, or work exempt from permitting. Differences in actual bids or contracts for specific construction projects and valuations derived from International Code Council building validation data, shall not invalidate the latter figure. SUPP. 9 (1-2021) 5-31 § 5-7-3 H AWAI‘I C OUNTY C ODE (d) Work begun without permit. When work for which a permit is required by the construction code has commenced without obtaining a permit, the fees shall be either $1,000 plus the fees specified by this code, or the fees specified by this code shall be doubled, whichever is greater. The payment of such fees shall not exempt any person from the requirements of the construction code in the execution of the work or from any other penalties prescribed in this code. Exception: This provision shall not apply to emergency work performed under circumstances that did not allow time to obtain a permit per section 5-3-25. To qualify for this exception, it must be proved to the satisfaction of the authority having jurisdiction that the unpermitted work was urgently necessary and that it was not practicable to obtain a permit therefore before the commencement of the work. In all such cases a permit must be obtained as soon as it is practicable to do so. Any delay in obtaining a permit as soon as it is practicable to do so will subject the petitioner to enhanced fees pursuant to section 5-7-3(d). (e) New permit obtained after expiration. Where a new permit is obtained to complete construction of a project after expiration of permit under provisions of section 5-5-4, the fee therefor shall be based on the valuation of one-half the amount of work remaining to be done, provided: (1) No change has been made or will be made in the original plans and specifications for such work; (2) That immediately prior to applying for this permit the work on the property has not been abandoned or suspended for a period of more than one year; and (3) No refund has been made under provisions of section 5-7-8. (f) To change the designation of contractor for any phase of work, pursuant to subsection 5-5-3(c), the fee shall be $100. (g) The County and all contractors performing work under authority of the County shall be exempt from the requirement of paying any permit fee. (h) The following programs shall be exempt from the requirement of paying any permit fee, except for fees imposed pursuant to subsection (d), relating to work begun without a permit and penalty fees when required by the construction code: (1) Habitat for Humanity - Hilo and Kona; and (2) Hawai‘i Community College’s Model Home Project. (i) The authority having jurisdiction may waive permit fees for any person seeking to restore, reconstruct, or replace a structure damaged or destroyed as a result of a major disaster. For the purposes of this section, “major disaster” means any hurricane, tornado, storm, flood, high water, tsunami, earthquake, volcanic eruption, landslide, mud slide, fire, explosion, or other catastrophe occurring in any part of the County that causes damage, suffering, and loss to such a degree that: (1) The governor of the State of Hawai‘i has declared pursuant to chapter 209, HRS, that a major disaster has occurred; or SUPP.9 (1-2021) 5-32 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-7-3 (2) The mayor has issued a proclamation declaring the existence of a major disaster. (2020, ord 20-61, sec 2.) 5-7-3 Section 5-7-4. Temporary permit. A fee of $50 shall be assessed for each temporary permit. The fee shall be submitted with the temporary permit application. A temporary permit shall not be valid until the fees prescribed by law have been paid. (2020, ord 20-61, sec 2.) 5-7-4 Section 5-7-5. Extra or regulatory inspections. (a) A fee of $100 shall be assessed upon the permit holder or requestor for each extra inspection made. As used in this section, unless the context otherwise requires, “extra inspection” means an inspection needed because the work to be inspected was not complete or ready for inspection during a previous inspection. (b) A fee of $100 shall be assessed upon the requestor or property owner for each regulatory inspection made. (c) The authority having jurisdiction has the authority to waive inspection fees. (2020, ord 20-61, sec 2.) 5-7-5 Section 5-7-6. Temporary certificate of occupancy. Pursuant to section 5-8-22(c) a $200 fee shall be assessed upon issuance of a temporary certificate of occupancy. (2020, ord 20-61, sec 2.) 5-7-6 Section 5-7-7. Fee payment. Fees imposed pursuant to this article shall be paid to the director of finance. (2020, ord 20-61, sec 2.) 5-7-7 Section 5-7-8. Refunds. Plan review fees are non-refundable. Permit fees may be partially refunded in accordance with section 2-12, Hawai‘i County Code. (2020, ord 20-61, sec 2.) 5-7-8 SUPP. 9 (1-2021) 5-33 § 5-8-1 H AWAI‘I C OUNTY C ODE Article 8. Inspections. Division 1. General provisions. Section 5-8-1. General requirements. (a) All construction or work for which a permit is required shall be inspected by the authority having jurisdiction to ensure compliance with the requirements of the construction code. Approval as a result of an inspection shall not be construed to approve violations of the provisions of the construction code, or of any other laws. Inspections that either presume to authorize violations of or to nullify the provisions of the construction code or of other laws shall not be valid. (b) It shall be the duty of the permit holder or their agent, to cause the work to remain accessible and exposed for inspection purposes. Neither the authority having jurisdiction nor the County shall be liable for any expense entailed in the removal or replacement of any material required to allow inspection of construction or work, or to survey a lot. (c) The authority having jurisdiction may require a survey of the lot to verify that the approved plans accurately reflect the location of the structure. (2020, ord 20-61, sec 2.) 5-8-1 Section 5-8-2. Work shall be visible for inspection. (a) No person shall: (1) Conceal, enclose, or cover or cause or permit to be concealed, enclosed, or covered, any portion of any work or equipment for which a permit is required by the construction code, in any manner that will interfere with or prevent the inspection and approval thereof; or (2) Remove any notice not to conceal, enclose or cover any portion of any work or equipment, placed thereon by the authority having jurisdiction. (b) No work that is subject to the permitting provisions of the construction code, shall be covered or concealed until two working days after a scheduled inspection or until the authority having jurisdiction has approved the installation and given permission to cover or conceal the same. It shall be the duty of the permit holder or their agent to cause the work to remain accessible and exposed for inspection purposes. (1) Residential installations. In residential installations, if the permitted work is covered or concealed without an inspection, the contractor will provide verification that the concealed work complies with all the provisions of the construction code in a letter and an inspection report stamped and signed by the professional of record who is licensed in the State of Hawai‘i, as an architect or professional structural engineer. Should the authority having jurisdiction condemn any of said work or equipment as not being in accordance with the provisions of the construction code, notice in writing to that effect shall be given to the person doing the work authorized by the permit or posted at the job site. SUPP.9 (1-2021) 5-34 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-8-2 (2) Non-residential installations. In non-residential installations, no framing, electrical wiring, plumbing or mechanical ducts or equipment shall be covered or concealed until two working days have expired after the scheduled inspection or until the authority having jurisdiction has approved the installation, and given permission to cover or conceal the same. If the permitted work is covered or concealed without inspection, the contractor will provide verification that the concealed work complies with all the provisions of the construction code. Should the authority having jurisdiction condemn any of said work or equipment as not being in accordance with the provisions of the construction code, notice in writing to that effect shall be given to the person doing the work authorized by the permit or posted at the job site. (c) After inspection, if the authority having jurisdiction finds that the work does not conform in all respects with the provisions of the construction code, the work or equipment shall be altered or removed as required, and necessary changes shall be made so that all such work and equipment fully complies with the provisions of this code. These changes shall be completed within a reasonable amount of time thereafter. Further work may not be connected on or with the condemned work or equipment until these changes are made. (d) In default, the contractor or owner-builder shall be liable for the penalties provided in the construction code, resulting from violations of this article. Further, any and every owner, contractor, or other person engaged in construction of the building or structure, or otherwise, covering or allowing to be covered such portion of work or equipment, or removing any notice not to cover same placed thereon by the authority having jurisdiction shall likewise be liable for the penalties provided in the construction code. (2020, ord 20-61, sec 2.) 5-8-2 Section 5-8-3. Requests for inspection. (a) Whenever any work regulated by the construction code, or any portion thereof, is ready for inspection, the person doing the work authorized by the permit shall file a request for inspection with the authority having jurisdiction. The request for inspection may be filed in writing via forms furnished by the authority having jurisdiction, in-person delivery, online, or facsimile transmittal. Alternatively, a request for inspection may be communicated by telephone, if allowed by the authority having jurisdiction. (b) It shall be the duty of the person doing the work authorized by the permit, to make sure that the work will stand the tests prescribed elsewhere in the construction code, before filing a request for inspection. (c) The request for inspection shall be filed with the authority having jurisdiction not less than two working days and not more than three working days before any such inspection is desired. SUPP. 9 (1-2021) 5-35 § 5-8-3 H AWAI‘I C OUNTY C ODE (d) Within two working days after receipt of such request, not including weekends or holidays, the authority having jurisdiction shall either proceed with the inspection or arrange with the contractor to reschedule the inspection for a later date. This rescheduled inspection may take place beyond two working days after receipt of the request for inspection. (2020, ord 20-61, sec 2.) 5-8-3 Section 5-8-4. Inspections. (a) The authority having jurisdiction, upon receipt of a request for an inspection from the permit holder or their agent, shall inspect the work as provided in this section and shall either approve that portion of the construction as completed or notify the permit holder or the permit holder’s agent if the same fails to comply with the construction code. (b) Building work for which a permit is required, shall be inspected by the authority having jurisdiction to ensure compliance with the requirements of this chapter and specifically: chapter 5A, the building code; chapter 5B, the residential building code; and chapter 5C, the existing building code. Inspections shall be conducted in accordance with the following: (1) During inspections the contractor shall be present on the job site upon request of the authority having jurisdiction. (2) Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. (3) Concrete slab and under-floor inspections shall be made after in-slab or under- floor reinforcing steel and building service equipment, conduit, termite spray, vapor barriers, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. (4) Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. (5) Insulation inspections as required shall be made after the framing inspection and before the lathing inspection. (6) Lathing inspections shall be made after all lathing and gypsum board, interior and exterior, and which are required to be fire-resistive are in place but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. Exception: Lath and gypsum board installed in Group R, Division 3 and Group U Occupancies. SUPP. 11 (1-2022) 5-36 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-8-4 (c) Electrical wiring for which a permit is required, shall be inspected by the authority having jurisdiction to ensure compliance with the requirements of chapter 5D, the electrical code, before being concealed, energized, or used. All fees required by the construction code shall be paid by the permit applicant prior to the energizing or use of such wiring. Inspections shall be conducted in accordance with the following: (1) The supervising electrician or electrical contractor shall be present on the job site upon request of the authority having jurisdiction. (2) No person shall use, operate, or maintain, or cause or authorize to be used, operated, or maintained, any electric wiring until it is approved. (3) No serving agency shall supply or cause or authorize to be supplied, permanent electric energy to any electric service until the service has been inspected and approved by the authority having jurisdiction. (4) Fixtures, appliances, devices, or equipment shall not be connected to any electric wiring until the rough electric wiring, including conductors, have been inspected and approved by the authority having jurisdiction. (5) All obstructions, covers, plates, tapes, light fixtures, etc., that make a thorough inspection of electric wiring impracticable shall be removed upon notice (either verbal or in writing) to do so, and shall remain removed until the electric wiring has been inspected and approved. (6) Permanent electrical service must be energized prior to requesting an electrical final inspection pursuant to section 5-8-5. (d) Plumbing, gas, and drainage systems for which a permit is required, shall be inspected by the authority having jurisdiction to ensure compliance with the requirements of the construction code and specifically chapter 5F, the plumbing code. All fees required by this code shall be paid by the permit applicant prior to the use of the plumbing system. Inspections shall be conducted in accordance with the following: (1) During inspections the supervising plumber or plumbing contractor shall be present on the job site upon request of the authority having jurisdiction. (2) No person shall use, operate, or maintain, or cause or authorize to be used, operated, or maintained, any plumbing system until it is approved. (3) Fixtures, appliances, devices, or equipment shall not be connected to any plumbing system until the rough piping has been inspected and approved by the authority having jurisdiction. (4) All obstructions, covers, plates, tapes, light fixtures, etc., that make a thorough inspection of the plumbing system impracticable shall be removed upon notice (either verbal or in writing) to do so, and shall remain removed until the plumbing system has been inspected and approved. SUPP. 9 (1-2021) 5-37 § 5-8-4 H AWAI‘I C OUNTY C ODE (e) Authority to proceed. After inspection, if the authority having jurisdiction finds that the work conforms in all respects with the provisions of the construction code, a notice granting authority to proceed with the work shall be given. (f) After inspection, if the authority having jurisdiction finds that the work does not conform in all respects to the provisions of the construction code, the work or equipment shall be altered or removed as required, and necessary changes shall be made so that all such work and equipment fully complies with the provisions of this code. These changes shall be completed within a reasonable amount of time thereafter. Further work may not be connected on or with the condemned work or equipment until these changes are made. (g) The authority having jurisdiction may request that at least one side of the enclosed walls of unpermitted structures be open, prior to inspection. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 12.) 5-8-4 Section 5-8-5. Final inspection. (a) The final inspection shall be made after all work required by the permit is completed. (b) A certificate of inspection may be issued upon request by the contractor on record, provided all fees required by the construction code have been satisfied. (2020, ord 20-61, sec 2.) 5-8-5 Section 5-8-6. Special inspection. (a) When application is made for a permit as described in article 4 of this chapter, the owner or person who is licensed in the State of Hawai‘i as an architect or professional engineer who is acting as the owner’s agent, shall employ one or more special inspectors to provide inspections during construction on the types of work listed under chapter 17 of the International Building Code. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the authority having jurisdiction, to inspect the particular type of construction or operation requiring special inspection. (b) These inspections are required in addition to the inspections specified in sections 5-8-4 and 5-8-5 and shall be designated on the form provided by the authority having jurisdiction. (2020, ord 20-61, sec 2.) 5-8-6 Section 5-8-7. Regulatory inspection. The authority having jurisdiction may conduct regulatory inspections, upon request and after receipt of payment of the appropriate fee pursuant to article 7. (2020, ord 20-61, sec 2.) 5-8-7 SUPP. 11 (1-2022) 5-38 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-8-21 Division 2. Authorization for service; certificate of occupancy. Section 5-8-21. Permanent electrical service. Permanent electrical service shall be authorized by the authority having jurisdiction upon completion of the following requirements: (1) All permanent service equipment shall be inspected by the authority having jurisdiction; (2) For non-residential installations, all rooms containing permanent service equipment shall be completed and securable by means of a temporary or permanent door and lock system; (3) For residential installations, permanent service equipment shall be installed on permanent buildings, meter poles or meter pedestals with provisions for locking out the main service disconnects; and (4) The electrical contractor shall be responsible and in control of all permanent power access and usage. (2020, ord 20-61, sec 2.) 5-8-21 Section 5-8-22. Certificate of occupancy. (a) Certificate of occupancy requirement. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the authority having jurisdiction has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the construction code or other applicable law. Exception: Group R, Division 3, and Group U occupancies will not be issued a certificate of occupancy. (b) Certificate issuance. If the authority having jurisdiction inspects the building or structure and finds that the work complies with the provisions of the construction code, the authority having jurisdiction shall issue a certificate of occupancy. The certificate of occupancy shall contain the following: (1) The permit number; (2) The address of the structure; (3) The name and address of the owner; (4) A description of that portion of the structure for which the certificate is issued; (5) A statement that the described portion of the structure has been inspected for compliance with the requirements of the construction code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified; (6) The name of the authority having jurisdiction; (7) The edition of the code under which the permit was issued; SUPP. 9 (1-2021) 5-39 § 5-8-22 H AWAI‘I C OUNTY C ODE (8) The use and occupancy, in accordance with the provisions of chapter 3 of the International Building Code; (9) The type of construction as defined in chapter 6 of the International Building Code; (10) The design occupant load(s); (11) If an automatic sprinkler system is provided, whether the sprinkler system is required; and (12) Any special stipulations and conditions of the permit. (c) Temporary certificate. Upon request by the applicant, the authority having jurisdiction may issue a temporary certificate of occupancy, that authorizes occupancy of a portion of the building or structure before the completion of all work covered by the permit. A temporary certificate of occupancy may be issued only if the designated portion or portions to be occupied may be occupied safely. The authority having jurisdiction shall set a time period during which the temporary certificate of occupancy is valid. An administrative fee of $200 shall be applied per section 5-7-6. (d) Revocation. The authority having jurisdiction shall suspend or revoke a certificate of occupancy or completion issued pursuant to the construction code: (1) Wherever the certificate is issued either in error, or on the basis of incorrect information supplied, or both; or (2) Where it is determined that the building or structure or portion thereof is in violation of the construction code or other applicable law. Such suspension or revocation shall be transmitted in writing. (2020, ord 20-61, sec 2.) 5-8-22 Article 9. Unsafe Buildings or Structures. Section 5-9-1. Unsafe buildings or structures; public nuisances. Buildings or structures which are substandard, structurally unsafe, or are otherwise dangerous or hazardous to human life, or which in relation to existing use constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation to the state of falling into decay or partial ruin, fire hazard, insanitary condition, defective installation, abandonment where a vacant structure that is not secured against entry, or as specified in the construction code are unsafe buildings. All such unsafe buildings or structures are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, removal, or other methods approved by the authority having jurisdiction in accordance with the procedure specified in this article. (2020, ord 20-61, sec 2.) 5-9-1 SUPP.9 (1-2021) 5-40 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-9-2 Section 5-9-2. Substandard. Any building or portion thereof in which there exists any of the following listed conditions to an extent that it endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof or violates applicable laws, rules, or standards, shall be deemed and hereby is declared to be a substandard building. Conditions that are declared to be substandard include but are not limited to: (1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers in R-1 Occupancies. (3) Lack of, or improper kitchen sink in a habitable building. (4) Lack of hot and cold water to basins, sinks, tubs and showers in R-1 Occupancies. (5) Lack of hot and cold water to basins, sinks, tubs and showers in a dwelling unit or efficiency living unit. (6) Lack of, or improper operation of required ventilating equipment. (7) Lack of minimum amounts of natural light and ventilation required by the construction code. (8) Room area or space dimensions less than the required minimum required by the construction code. (9) Lack of required lighting or ventilation. (10) Dampness of habitable rooms as determined by the department of health. (11) Infestations of insects, vermin, or rodents as determined by the department of health. (12) General dilapidation or improper maintenance. (13) Lack of connection to a required sewage disposal system. (14) Lack of adequate garbage and rubbish storage and removal facilities as determined by the department of health. (2020, ord 20-61, sec 2.) 5-9-2 Section 5-9-3. Structurally unsafe. Any building, structure, or portion thereof in which there exists any of the following listed conditions to an extent that it endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof or violates applicable laws, rules, or standards, shall be deemed and hereby is declared to be a structurally unsafe building or structure. Conditions that are declared to be structurally unsafe include but are not limited to: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorating flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, or buckle due to defective material or deterioration. SUPP. 9 (1-2021) 5-41 § 5-9-3 H AWAI‘I C OUNTY C ODE (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceiling, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads safely. (8) Fireplaces or chimneys that separate, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (2020, ord 20-61, sec 2.) 5-9-3 Section 5-9-4. Dangerous or hazardous. Any building, structure, or portion thereof in which there exists any of the following listed conditions to an extent that it endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof or violates applicable laws, rules, or standards, shall be deemed and hereby is declared to be a dangerous or hazardous building or structure. Conditions that fall within this category include but are not limited to: (1) Presence of a nuisance including: (A) Any public nuisance known in common law or in equity jurisprudence. (B) Any attractive nuisance which may prove detrimental to children whether in a building or on the premises of a building. This includes any unfenced man-made swimming pools, abandoned wells, shafts, or basements; any structurally unsound fences; and any debris or vegetation affecting the structural stability of structures. (C) Whatever is dangerous to human life or is detrimental to health, as determined by the department of health. (D) Exceeding the occupant load of a room by overcrowding a room with occupants. (E) Insufficient lighting or ventilation. (F) Inadequate or insanitary sewage or plumbing facilities. “Insanitary” means a condition which is contrary to sanitary principles or is injurious to health. Conditions to which “insanitary” shall apply include, but are not limited to, the following: (i) Any trap which does not maintain a proper trap seal. (ii) Any opening in a drainage system, except where lawful, which is not provided with an approved water-sealed trap. (iii) Any plumbing fixture or other waste discharging receptacle or device, which is not supplied with water sufficient to flush it and maintain it in a clean condition. (iv) Any defective fixture, trap, pipe, or fitting. SUPP.9 (1-2021) 5-42 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-9-4 (v) Any trap directly connected to a drainage system, the seal of which is not protected against siphonage and back-pressure by a vent pipe, unless otherwise allowed by the construction code. (vi) Any connection, cross-connection, construction or condition, temporary or permanent, which would permit or make possible by any means whatsoever, for any unapproved foreign matter to enter a water distribution system used for domestic purposes. (vii) The foregoing enumeration of conditions to which the term “insanitary” shall apply, shall not preclude the application of that term to conditions that are, in fact, insanitary. (G) Uncleanliness, as determined by the department of health. (H) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the department of health. (2) Faulty weather protection, which shall include but not be limited to, the following: (A) Deteriorating, crumbling, or loose plaster. (B) Deteriorating or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (C) Defective or lack of weather protection for exterior wall covering, including lack of paint, weathering due to lack of paint or other approved protective covering. (D) Broken, rotted, split or buckled exterior wall covering or roof coverings. (3) Inadequate maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with the construction code or other applicable laws or standards. (4) Inadequate exits. All buildings or portions thereof not provided with adequate exit facilities as required by chapter 5A, the building code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of its construction and which have been adequately maintained. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed. (5) Any building or portion thereof that is not being occupied or used as intended or permitted. (6) Any electrical installation installed, altered, changed, or reconstructed contrary to the provisions of the construction code or other applicable law. (7) Any electrical installation, that complied with the existing laws, and standards in effect when the electrical work was performed, that is now found to be unsafe or dangerous to persons or property. (2020, ord 20-61, sec 2.) 5-9-4 SUPP. 9 (1-2021) 5-43 § 5-9-5 H AWAI‘I C OUNTY C ODE Section 5-9-5. Inspection. The authority having jurisdiction shall inspect or cause to be inspected every building, structure, or portion thereof, including electrical and plumbing work, reported as or appearing to the authority having jurisdiction to be substandard, structurally unsafe, dangerous or hazardous. (2020, ord 20-61, sec 2.) 5-9-5 Section 5-9-6. Found to be unsafe; notice and order. (a) If upon inspection, the building, structure, portion thereof, or installation is found to be unsafe as defined in this article, the authority having jurisdiction shall serve a written notice of violation stating the defects thereof and an accompanying order, upon the parties responsible for the violation. At a minimum, the owner of the unsafe building, structure, portion thereof, or installation shall be deemed to be a responsible party. Additional responsible parties may 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. The notice and order shall be addressed to the responsible party and shall specify the date or time for compliance with such order. (b) Failure, neglect, or refusal to comply with any such notice and order shall be considered a violation of the construction code. (c) The notice and order may require the responsible party: (1) To commence within forty-eight hours, either the required repairs or improvements to, or demolition and removal of the building, structure, or portions thereof. All such work shall be completed within ninety days from the date of notice, unless otherwise required by the authority having jurisdiction; or (2) To vacate, or have vacated, the building, structure, or portion thereof immediately and not reoccupy it until the required repairs and improvements are completed, inspected, and approved by the authority having jurisdiction. (d) When an electrical installation is found to be unsafe or dangerous to persons or property, the defective installation shall be disconnected from the power source and tagged as unsafe to operate and the authority having jurisdiction may require other corrections as set forth in the order. (e) In the case of any gas piping or gas appliance, the authority having jurisdiction may order any person supplying gas to such piping or appliance, to discontinue supplying gas thereto, until such piping or appliance is made safe with respect to life, health, or property. (f) When any plumbing system is maintained in violation of the construction code and in violation of any notice and order issued pursuant to the provisions of this section, or where a nuisance exists in any building or on a site on which a building is situated, the authority having jurisdiction may institute an appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance. SUPP.9 (1-2021) 5-44 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-9-6 (g) Service of such notice of violation and order shall be by personal service, certified mail by posting a copy of the notice of violation and order at the site of the violation, or by publication. Service by publication shall be effected through publication once a week for two consecutive weeks, in a daily publication in the County pursuant to section 1-28.5, Hawai‘i Revised Statutes. (2020, ord 20-61, sec 2.) 5-9-6 Section 5-9-7. Posting of signs. The authority having jurisdiction shall post at each entrance to buildings ordered vacated or at other visible locations on the property if access to the building is a hardship, a notice to read: “DO NOT ENTER. UNSAFE TO OCCUPY.” Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the authority having jurisdiction, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. In the event of a major natural disaster, the authority having jurisdiction may post “Restricted Use” or “Unsafe” placards at each entrance to a building or on the property if an inspection warrants such posting. Entry or occupancy in a building or portion of a building posted with a “Restricted Use” placard shall be limited to the restrictions stated on the placard. No entry is permitted in a building or portion of a building posted “Unsafe.” Placards shall not be removed or altered unless authorized by the authority having jurisdiction. (2020, ord 20-61, sec 2.) 5-9-7 Section 5-9-8. Action upon noncompliance. Nothing contained herein shall be construed to limit or restrict the authority having jurisdiction from instituting, on behalf of the County, any other legal or equitable proceedings, in addition to those specified herein, to obtain compliance with the notice to repair, rehabilitate or to demolish and remove the building, structure, or portion thereof, or installation, and to recover the cost of such work from the owner or attach a lien to the property. The remedies provided in the construction code shall be cumulative and not exclusive. (2020, ord 20-61, sec 2.) 5-9-8 Article 10. Violations, Penalties, and Enforcement. Section 5-10-1. Violations. It shall constitute a violation of the construction code for any person to cause or authorize the following to be done: (1) Violate any provision of the construction code or permit or variance issued pursuant to the construction code; SUPP. 9 (1-2021) 5-45 § 5-10-1 H AWAI‘I C OUNTY C ODE (2) Erect, construct, enlarge, alter, repair, relocate, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure, or cause or authorize the same to be done in violation of the construction code, including but not limited to: chapter 5A, the building code; chapter 5B, the residential building code; and chapter 5C, the existing building code; (3) Perform any electrical work or authorize the same to be done in violation of the construction code, including but not limited to chapter 5D, the electrical code; (4) Perform any plumbing work or authorize the same to be done in violation of the construction code, including but not limited to chapter 5F, the plumbing code; or (5) Perform any work covered by the construction code or authorize the same to be done in violation of the provisions of chapter 448E, Hawai‘i Revised Statutes, relating to the licensing of electricians and plumbers. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 13.) 5-10-1 Section 5-10-2. Administrative enforcement. (a) In lieu of, or in addition to other enforcement actions initiated pursuant to the construction code, whenever the authority having jurisdiction determines that any person has violated or is violating this code or any permit or variance issued pursuant to this code, the authority having jurisdiction shall serve a written notice of violation and order upon the parties responsible for the violation. At a minimum, the owner of the property where the violation is located shall be deemed to be a responsible party. Additional responsible parties may include, but shall not be limited to, any lessee or tenant, or both, of the property where the violation is located. (b) The notice of violation shall include at a minimum, the following information: (1) Date of the notice; (2) Name and address of the party noticed; (3) Section number or citation of the law, standard, permit, or variance that was violated; (4) Nature of the violation; (5) Location, date, and time of the violation; and (6) The deadline to correct the violation or provide the authority having jurisdiction with periodic progress reports detailing corrective measures taken to correct the violation by specified deadlines. (c) The order may require the party responsible for the violation to do any or all of the following: (1) Cease and desist from the violation, including but not limited to, immediately stopping all work whether for failure to obtain a required permit or for violation of the requirements of any permit or variance issued pursuant to the construction code; (2) Correct the violation, at the party’s own expense, before a date specified in the order; SUPP. 11 (1-2022) 5-46 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-10-2 (3) Provide the authority having jurisdiction with periodic progress reports detailing corrective measures taken to correct the violation by specified deadlines; (4) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date specified in the order; or (5) Pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (d) The order shall advise the party responsible for the violation that: (1) The order shall become final thirty days after the date of delivery; and (2) The order may be appealed to the board of appeals, which must receive the appeal in writing on or before the date the order becomes final. An appeal to the board of appeals shall not stay any provision of the order. (e) Effect of order; right to appeal. (1) The order is effective upon delivery and the party responsible for the violation is required to comply with the order from the date that they receive notice of the order. (2) The order shall become final thirty days after the date of delivery. The order may be appealed to the board of appeals. An appeal of the order must be received in writing by the board of appeals on or before the date the order becomes final. An appeal to the board of appeals shall not stay any provision of the order. (f) Service. The party responsible for the violation shall be served with the notice of violation and order. Service shall be by personal service, certified mail, by posting a copy of the notice of violation and order at the site of the violation, or by publication. Service by publication shall be effected through publication once a week for two consecutive weeks, in a daily publication in the County pursuant to section 1-28.5, Hawai‘i Revised Statutes. (g) Judicial enforcement of order. The authority having jurisdiction may institute a civil action in any court of competent jurisdiction for the enforcement of any final order issued pursuant to this article. Where the civil action has been instituted to enforce the civil fine, recover County costs, or both, as imposed by such final order, the authority having jurisdiction need only show that: (1) The notice of violation and order were served; (2) A civil fine, County costs, or both were imposed; (3) The amount of the civil fine, County costs, or both that were imposed; and (4) The fine, County costs, or both have not been paid. (2020, ord 20-61, sec 2.) 5-10-2 Section 5-10-3. Criminal prosecution. (a) In case the parties responsible for violating any provisions of the construction code fail, neglect, or refuse to comply or correct a violation, the authority having jurisdiction may submit the matter to the proper authority for penal enforcement. SUPP. 9 (1-2021) 5-47 § 5-10-3 H AWAI‘I C OUNTY C ODE (b) Any person violating any of the provisions of the construction code shall, upon conviction, be deemed guilty of a petty misdemeanor. Further, each person so convicted shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of the construction code is committed, continued, or permitted. Upon conviction of any violation, such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than thirty days, or by both fine and imprisonment. (c) Procedure on arrest. Any authorized personnel designated by the authority having jurisdiction, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of the construction code, may arrest without warrant alleged violators by issuing a summons or citation in accordance with section 803-6, Hawai‘i Revised Statutes, and the procedure specified in this section. Nothing in this section shall be construed as barring the initiation of prosecution by warrant or such other judicial process as permitted by statute or rule of court. (d) Upon making an arrest for a violation of the construction code, any authorized personnel designated by the authority having jurisdiction may take the name and address of the alleged violator and shall issue to the alleged violator in writing a summons or citation. The summons or citation shall notify the alleged violator to answer the complaint to be entered against the alleged violator at a place and at a time provided in the summons or citation. (e) Summons or citation. (1) There shall be provided for use by authorized personnel a form of summons or citation for use in citing alleged violators of the construction code that does not mandate the physical arrest of such alleged violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the applicable laws of the State of Hawai‘i and the County of Hawai‘i. (2) In every case when a citation is issued, the original of the same shall be given to the alleged violator, provided that the administrative judge of the district court may prescribe the giving to the alleged violator of a copy of the citation and provide for the disposition of the original and any other copies. (3) Every citation shall be consecutively numbered and each copy shall bear the number of its respective original. (f) The provisions of this section are in addition to any other applicable remedy or penalty provided by law. (2020, ord 20-61, sec 2.) 5-10-3 SUPP.9 (1-2021) 5-48 C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-10-4 Section 5-10-4. Injunctive action. The authority having jurisdiction may maintain an action for an injunction to restrain or remedy any violation of the provisions of the construction code and may take any other lawful action to prevent or remedy any violation. (2020, ord 20-61, sec 2.) 5-10-4 Section 5-10-5. Remedies cumulative. The remedies provided in the construction code shall be cumulative and not exclusive. (2020, ord 20-61, sec 2.) 5-10-5 Article 11. Variances and Appeals. Section 5-11-1. Variances. Whenever strict application of any provision of the construction code, except for the provisions relating to materials, methods of construction, equipment, fixtures, devices, or appliances, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, the owner may petition the board of appeals for a variance from the provision. In granting a variance, the board of appeals shall prescribe any conditions that it deems to be necessary or desirable. No variance from the strict application of the construction code shall be granted by the board of appeals unless it finds all of the following: (1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the neighborhood or surrounding property, and that the circumstances or conditions are such that the strict application of the provisions of the construction code would deprive the applicant of the reasonable use of the land or building; (2) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and (3) That the granting of the variance will be consistent with the intent and purpose of the construction code, will not be injurious to persons or property, will not create additional fire hazards, and will not be detrimental to the public welfare. In making its determination, the board of appeals shall take into account the character, use and type of occupancy and construction of adjoining buildings, buildings on adjoining lots, and the building or land involved. (2020, ord 20-61, sec 2.) 5-11-1 SUPP. 9 (1-2021) 5-49 § 5-11-2 H AWAI‘I C OUNTY C ODE Section 5-11-2. Appeals regarding alternative materials, design, and methods of construction. Any person denied the use of new or alternative materials, design, methods of construction, equipment, fixtures, devices, or appliances by the authority having jurisdiction may, within thirty days after the authority having jurisdiction’s decision, appeal the decision to the board of appeals. In considering an appeal, the board may require any reasonable test of the proposed material, design, method of construction, equipment, fixture, device, or appliance, and the appellant shall pay all expenses necessary for the test. The board of appeals may reverse the authority having jurisdiction’s decision if it finds: (1) That the new or alternative material, design, method of construction, equipment, fixture, device, or appliance meets standards established by the construction code; (2) That permitting the requested use will not jeopardize the safety of persons or property; and (3) That the requested use will not be contrary to the intent and purpose of the construction code. (2020, ord 20-61, sec 2.) 5-11-2 Section 5-11-3. Other appeals. Any person aggrieved by the decision of the authority having jurisdiction in the administration or application of the construction code, other than that prescribed in sections 5-11-1 and 5-11-2, may, within thirty days after the date of the authority having jurisdiction’s decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the authority having jurisdiction, or it may reverse or modify the decision if the decision is: (1) In violation of the construction code or other applicable law; (2) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. (2020, ord 20-61, sec 2.) 5-11-3 Section 5-11-4. Rules; adoption by the board of appeals. The board of appeals shall adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of this article.” (2020, ord 20-61, sec 2.) 5-11-4 SUPP.9 (1-2021) 5-50 CHAPTER 5A BUILDING CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Chapter 5, “building code” was repealed by ordinance 20-61, section 12, and replaced with Chapter 5A. Article 1. General Provisions. Section 5A-1-1. Title. Section 5A-1-2. Purpose. Section 5A-1-3. Scope; exceptions. Section 5A-1-4. Administrative provisions. Section 5A-1-5. Existing buildings. Section 5A-1-6. Definitions. Section 5A-1-7. Compliance required. Section 5A-1-8. Conflict. Section 5A-1-9. References to model codes. Article 2. Installation Requirements. Section 5A-2-1. International building code adopted. Article 3. Adoption, Amendment, and Addition of Appendices. Division 1. Appendices of International Building Code Adopted. Section 5A-3-1. Appendices not applicable. Section 5A-3-2. Appendices adopted. Section 5A-3-3. Amendments to Appendix C; Group U – agricultural buildings. Division 2. Appendices Added to the International Building Code. Section 5A-3-21. Appendices added to International Building Code. Section 5A-3-22. Repealed. Section 5A-3-23. Appendix M; Thatch Material on Exterior of Buildings - Protection Against Exposure Fires. Section 5A-3-24. Appendix U; Hawai‘i Hurricane Sheltering Provisions for New Construction. Section 5A-3-25. Appendix W; Hawai‘i Wind Design Provisions for New Construction. Section 5A-3-26. Appendix X; Indigenous Hawaiian Architecture Structures. Section 5A-3-27. Repealed. SUPP. 11 (1-2022) i Article 4. Building Work Within Special Flood Hazard Areas. Section 5A-4-1. General applicability. Section 5A-4-2. Definitions. Section 5A-4-3. General requirements. SUPP. 9 (1-2021) ii B UILDING C ODE § 5A-1-1 CHAPTER 5 BUILDING (Rep 2020, ord 20-61, sec 12.) CHAPTER 5A BUILDING CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Chapter 5, “building code” was repealed by ordinance 20-61, section 12, and replaced with Chapter 5A. Article 1. General Provisions. Section 5A-1-1. Title. This chapter shall be known as the “building code.” (2020, ord 20-61, sec 3.) 5A-1-1 Section 5A-1-2. Purpose. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the County and certain equipment specifically regulated herein. (2020, ord 20-61, sec 3.) 5A-1-2 Section 5A-1-3. Scope; exceptions. This chapter shall apply to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of buildings or structures or any appurtenances connected or attached to such buildings or structures. Exception: Detached one- and two-family dwellings and multiple single-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height shall be permitted to comply with the residential building code, chapter 5B, Hawai‘i County Code if provided with debris impact protection in accordance with Section 1609.2 Protection of Openings. Exception 3 in Section 1609.2 shall not apply. (2020, ord 20-61, sec 3; am 2021, ord 21-61, sec 14.) 5A-1-3 Section 5A-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. (2020, ord 20-61, sec 3.) 5A-1-4 SUPP. 11 (1-2022) 5A-1 § 5A-1-5 H AWAI‘I C OUNTY C ODE Section 5A-1-5. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of this chapter may have their existing permitted use or occupancy continued if such use or occupancy was legal at the time of the adoption of this chapter, provided such continued use does not constitute a hazard to the general safety and welfare of the occupants and the public. (b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and change of occupancy to a building or structure in existence at the time of the adoption of this chapter shall comply with the requirements of chapter 34 of the International Building Code, relating to existing structures, until the adoption by the County of the International Existing Building Code. (2020, ord 20-61, sec 3.) 5A-1-5 Section 5A-1-6. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: 2 ) “Accessory structure” means a structure not greater than 3,000 square feet (279 m in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. “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. “Authority having jurisdiction” means the director of the department of public works, or the director’s authorized representative. “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. “Chapter” means this chapter. “This code” means the building code, contained in chapter 5A, or the construction administrative code, contained in chapter 5, or both, as the context requires. “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. SUPP. 11 (1-2022) 5A-2 B UILDING C ODE § 5A-1-6 “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. “IBC” means the ICC, International Building Code, 2006 Edition, as copyrighted by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478-5795. “ICC” means the International Code Council. “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. “Section” means a section of a chapter of the International Building Code. “Table” means a table in this chapter. (2020, ord 20-61, sec 3; am 2021, ord 21-61, secs 15 and 16.) 5A-1-6 Section 5A-1-7. Compliance required. (a) No person shall perform or cause to be performed any building work which does not comply with the provisions of this code or any permit issued pursuant to this code. (b) No person shall perform any work covered by this code in violation of the provisions of chapters 444 or 448E, Hawai‘i Revised Statutes. (c) Any approval or permit issued pursuant to the provisions of this code shall comply with all applicable requirements of this code. (d) The granting of a permit, variance, or approval of plans or specifications pursuant to this code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2020, ord 20-61, sec 3.) 5A-1-7 SUPP. 11 (1-2022) 5A-3 § 5A-1-8 H AWAI‘I C OUNTY C ODE Section 5A-1-8. Conflict. (a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i State Building Code or the International Building Code that have been incorporated by reference, the provisions of this code shall prevail as to all matters and questions arising out of the subject matter of such provisions. (b) In situations where two or more provisions of this code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2020, ord 20-61, sec 3.) 5A-1-8 Section 5A-1-9. References to model codes. (1) Wherever referenced in this code, the ICC Electrical Code shall mean the electrical code, chapter 5D, Hawai‘i County Code. (2) Wherever in this Code reference is made to the International Fuel Gas Code, the provisions of the International Fuel Gas Code shall be deemed to be only guidelines and not mandatory. (3) Wherever in this Code reference is made to the International Mechanical Code, the provisions of the International Mechanical Code shall be deemed to be only guidelines and not mandatory. (4) Wherever referenced in this code, the International Plumbing Code shall mean the plumbing code, chapter 5F, Hawai‘i County Code. (5) Wherever in this Code reference is made to the International Property Maintenance Code, the provisions of the International Property Maintenance Code shall be deemed to be only guidelines and not mandatory. (6) Wherever referenced in this code, the International Fire Code shall mean the fire code, chapter 26, Hawai‘i County Code. (7) Wherever referenced in this code, the International Energy Conservation Code, shall mean the energy conservation code, chapter 5E, Hawai‘i County Code. (2020, ord 20-61, sec 3.) 5A-1-9 Article 2. Installation Requirements. Section 5A-2-1. International building code adopted. (a) The International Building Code, 2006 Edition as published by the International Code Council, Incorporated, 4051 West Flossmoor Road, Country Club Hills, IL 60478, including appendices, is incorporated by reference and made a part of this code, subject to any amendments hereinafter set forth in this chapter. SUPP. 11 (1-2022) 5A-4 B UILDING C ODE § 5A-2-1 (b) The scope, technical specifications, and exemptions set forth in the International Building Code, 2006 Edition, are hereby adopted as the standard for building work covered by this code, provided there are no specific provisions in any other section of this code covering the particular matter. (c) A copy of the International Building Code, 2006 Edition, shall be available for public inspection at the Hilo and Kailua-Kona offices of the department of public works and at the office of the County clerk. (d) The International Building Code, 2006 Edition, adopted and incorporated by reference into this code, shall be subject to the amendments hereinafter set forth. (1) Chapter 1, “Administration,” of the International Building Code is deleted in its entirety. (2) Section 202 of the International Building Code is amended by adding the following definitions: “BUILDING. A building is any structure used or intended for supporting 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.” “BUILDING OFFICIAL is the director of the County department of public works or the director’s authorized deputy.” “CARPORT is a private garage which is at least 100 percent open on one side and with 50 percent net openings on another side or which is provided with an equivalent of such openings on two or more sides. A private garage which is 100 percent open on one side and 25 percent open on another side with the latter opening so located to provide adequate cross ventilation may be considered a carport when approved by the building official.” “EXISTING BUILDING is a building for which a legal building permit has been issued, or one which complied with this Code in effect at the time the building was erected.” SUPP. 9 (1-2021) 5A-5 § 5A-2-1 H AWAI‘I C OUNTY C ODE “FAMILY shall be as defined in the Zoning Code except that a nursing, care home, or other similar facility with not more than five patients may be considered a family under this code.” “FIRE CODE. The State Fire Code as adopted by the State Fire Council.” (3) Section 308.2 of the International Building Code is amended to read as follows: “308.2 Group I-1. This occupancy shall include buildings, structures or parts thereof housing more than 16 persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services in an assisted living facility. The residents participate in fire drills, are self starting, and may require some physical assistance from up to one staff to reach a point of safety in an emergency situation. Facilities with residents who require assistance by more than one staff member, are not self starting, who are bedridden beyond 14 days, or require intermittent nursing care beyond 45 days, shall reside on the first floor in all Type III, IV, and V construction, or shall be classified as Group I-2. A facility such as the above with five or fewer persons shall be classified as a Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2. A facility such as above, housing at least six and not more than 16 persons, shall be classified as Group R-4.” (4) Section 308.3 of the International Building Code is amended to read as follows: “308.3 Group I-2. This occupancy shall include buildings and structures used for personal, medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis of more than five persons who are not capable of self-preservation. This group shall include, but not be limited to, the following: Hospitals Nursing homes (both intermediate-care facilities and skilled nursing facilities) Mental hospitals Detoxification facilities Specialized Alzheimer’s Facilities or areas Assisted Living Facilities (with residents beyond group I-1 limitations for capability) SUPP. 9 (1-2021) 5A-6 B UILDING C ODE § 5A-2-1 A facility such as the above with five or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2.” (5) Section 310.1 of the International Building Code is amended to read as follows: “310.1 Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I or when not regulated by the International Residential Code in accordance with Section 101.2. Residential occupancies shall include the following: R-1 Residential occupancies where the occupants are primarily transient in nature, including: Boarding houses (transient) Hotels (transient) Motels (transient) R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, and facilities providing personal care services that have residents that are capable of self evacuation in an emergency situation, including: Apartment houses Boarding houses (not transient) Convents Dormitories Facilities providing personal care services (with residents that are capable of self evacuation) Fraternities and sororities Hotels (nontransient) Monasteries Motels (nontransient) Vacation timeshare properties Facilities providing personal care services with 16 or fewer occupants are permitted to comply with the construction requirements for Group R-3. SUPP. 9 (1-2021) 5A-7 § 5A-2-1 H AWAI‘I C OUNTY C ODE R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I including: Buildings that do not contain more than two dwelling units. Adult facilities that provide accommodations for five or fewer persons of any age for less than 24 hours. Child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours. Congregate living facilities with 16 or fewer persons. Adult and child care facilities that are within a single-family home are permitted to comply with the International Residential Code in accordance with Section 101.2. R-4 Residential occupancies shall include buildings arranged for occupancy as assisted living facilities including more than five but not more than 16 occupants, excluding staff. Residents shall meet the ability to evacuate requirements and other limitations as required in Group I-1. Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code, or shall comply with the International Residential Code.” (6) The definition of “Personal Care Service” in Section 310.2 of the International Building Code is amended to read as follows: “PERSONAL CARE SERVICE. The care of residents who do not require chronic or convalescent, health, medical or nursing care. Personal care involves responsibility for the safety of the resident while inside the building. The types of facilities providing personal care services shall include, but not be limited to, the following: assisted living facilities, residential care facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.” (7) The definition of “Residential Care/Assisted Living Facilities” in Section 310.2 of the International Building Code is amended to read as follows: “ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services and are licensed by the State.” SUPP. 9 (1-2021) 5A-8 B UILDING C ODE § 5A-2-1 (8) Section 310.3 of the International Building Code is added as an interim provision until the International Residential Codes are adopted, to read as follows: “310.3.1 Dwellings and lodging houses. Congregate residences (each accommodating 10 persons or less). 310.3.2 Construction, height and allowable area. Buildings or parts of building classed Group R because of the use or character of the occupancy shall be limited to the types of construction set forth in Table 503 and shall not exceed allowable height as allowed by the IBC. 310.3.3 Location on property. For fire-resistive protection of exterior walls and openings, as determined by location on property, see Section 503, Section 601, Section 704, Section 705 and Section 715 of the IBC. 310.3.4 Access and exit facilities and emergency escapes. Exits shall be provided as specified in Chapter 10. Access to, and egress from, buildings required to be accessible shall be provided as specified in Chapter 11. Basements in dwelling units and every sleeping room below the fourth story shall have at least one operable window or door approved for emergency escape or rescue which shall open directly into a public street, public alley, yard or exit court. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension shall be 24 inches. The minimum net clear openable width dimension shall be 20 inches. When windows are provided as a means of escape or rescue they shall have a finished sill height of not more than 44 inches above the floor. Bars, grilles, grates or similar devices may be installed on emergency escape or rescue windows or doors, provided: (1) The devices are equipped with approved released mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and (2) The building is equipped with smoke detectors installed in accordance with Section 310.3.10. SUPP. 9 (1-2021) 5A-9 § 5A-2-1 H AWAI‘I C OUNTY C ODE Exceptions: (1) Glass jalousie blade windows and fixed glass may be used for emergency escape or rescue. (2) Escape or rescue windows in Group R, Division 1 Occupancies opening into an exterior exit balcony serving more than two dwelling units or hotel guest rooms shall have a finished sill height not more than 68 inches above the floor. 310.3.5 Light, ventilation and sanitation. (a) General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater. Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building. Exceptions: (1) Required windows may open into a roofed porch where the porch: (A) Abuts a public way, yard or court; and (B) Has a ceiling height of not less than 7 feet; and (C) Has a longer side at least 65 percent open and unobstructed. (2) Skylights. (b) Light. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural light by means of exterior glazed opening with an area not less than one tenth of the floor area of such rooms with a minimum of 5 square feet. (c) Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural ventilation by means of an openable exterior opening with an area of not less than one twentieth of the floor area of such rooms with a minimum of 5 square feet. In lieu of required exterior opening for natural ventilation, a mechanical ventilating system may be provided. Such system SUPP. 9 (1-2021) 5A-10 B UILDING C ODE § 5A-2-1 shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One fifth of the air supply shall be taken from the outside. Bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one twentieth of the floor area of such rooms with a minimum of 1½ square feet. In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub or shower or combination thereof, laundry rooms and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The point of discharge of exhaust air shall be at least 3 feet from any opening into the building. Bathrooms which contain only a water closet or lavatory or combination thereof, and similar rooms may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (d) Sanitation. Every building shall be provided with at least one water closet. Hotels or subdivisions thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for male or female use, each of which contains at least one water closet. The water closet stool shall be located in a clear space not less than 30 inches in width. The clear space in front of the water closet stool shall not be less than 24 inches. Dwellings shall be provided with a kitchen equipped with a kitchen sink. Dwelling units, congregate residences and lodging houses shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. No dwelling or dwelling unit containing two or more guests rooms shall have room arrangements such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. SUPP. 9 (1-2021) 5A-11 § 5A-2-1 H AWAI‘I C OUNTY C ODE 310.3.6 Yards and courts. (a) Scope. This section shall apply to yards and courts having required windows opening therein. (b) Yards. Yards shall not be less than 3 feet in width for one-story and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of 1 foot for each additional story. For buildings exceeding 14 stories in height, the required width of the yard shall be computed on the basis of 14 stories. (c) Courts shall not be less than 3 feet in width. Courts having windows opening on opposite sides shall not be less than 6 feet in width. Courts bounded on three or more sides by the walls of the building shall not be less than 10 feet in length unless bounded on one end by a public way or yard. For buildings more than two stories in height, the court shall be increased 1 foot in width and 2 feet in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories. Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet in area and leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire resistive. 310.3.7 Room dimensions. (a) Ceiling heights. Habitable space shall have a ceiling height of not less than 7 feet 6 inches except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than 7 feet above the floor. SUPP. 9 (1-2021) 5A-12 B UILDING C ODE § 5A-2-1 If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet. (b) Floor area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than 70 square feet. Efficiency dwelling units shall comply with the requirements of Section 310.3.8. (c) Width. Habitable rooms other than kitchen shall not be less than 7 feet in any dimension. 310.3.8 Efficiency dwellings units. An efficiency dwelling unit shall conform to the requirements of the code except as herein provided: (1) The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. (2) The unit shall be provided with a separate closet. (3) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided. (4) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 310.3.9 Shaft and exit enclosures. Exits shall be enclosed as specified in Section 1020. Elevator shafts, vent shafts, dumbwaiter shafts, clothes chutes and other vertical openings shall be enclosed and the enclosure shall be as specified in Section 707. SUPP. 9 (1-2021) 5A-13 § 5A-2-1 H AWAI‘I C OUNTY C ODE 310.3.10 Smoke detectors. (a) General. Dwelling units, congregate residences and hotel or lodging house guest rooms that are used for sleeping purposes shall be provided with smoke detectors. Detectors shall be installed in accordance with the approved manufacturer’s instructions. (b) Additions, alterations or repairs to Group R Occupancies. When the valuation of an addition, alteration or repair to a Group R Occupancy sleeping room exceeds $1,000 and a permit is required, or when one or more sleeping rooms are added or created in existing Group R Occupancies, smoke detectors shall be installed in accordance with subsections (c), (d), and (e) of this section. (c) Power source. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source and shall be equipped with a battery backup. The detector shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be solely battery operated when installed in existing buildings; or in buildings without commercial power; or in buildings which undergo alterations, repairs or additions regulated by subsection (b) of this section. (d) Location within dwelling units. In dwelling units, a detector shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or basement split into two or more levels, the smoke detector shall be installed on the upper level, except that when the lower level contains a sleeping area, a detector shall be installed on each level. When sleeping rooms are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwellings units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches or more, smoke detectors shall be installed in the hallway and in the adjacent room. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. SUPP. 9 (1-2021) 5A-14 B UILDING C ODE § 5A-2-1 (e) Location in efficiency dwelling units, congregate residences and hotels. In efficiency dwelling units, hotel suites and in hotel and congregate residences sleeping rooms, detectors shall be located on the ceiling or wall of the main room or each sleeping room. When sleeping rooms within an efficiency dwelling unit or hotel suite are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit, hotel suite or sleeping room in which it is located. 310.3.11 Fire alarm systems. Fire alarm systems shall comply with the Fire Code and be approved by the fire chief. 310.3.12 Cooking unit clearance. (a) Minimum vertical clearance. There shall be a minimum vertical clearance of not less than 30 inches between the cooking top of domestic oil, gas, and electric ranges and the underside of unprotected combustible material above such ranges. When the underside of such combustible material is protected with insulated millboard of at least ¼ inch thick covered with sheet metal of not less than 0.021 inch thick (No 28 U.S. gauge) or a metal ventilating hood, the distance shall be not less than 24 inches. (b) Minimum horizontal clearance. The minimum horizontal clearance from edge of the burner head(s) of top (or surface) cooking unit to combustible walls extending above the cooking surface shall be not less than 12 inches. Exception: Walls of combustible materials to be installed within 12 inches of a cooking unit shall be provided with protection equivalent to ½-inch gypsum wallboard covered with laminated plastic. The height of the laminated plastic shall be 12 inch minimum. (c) Alternate materials. Where alternate materials other than as specified in subsections (a) and (b) are used as approved by the building official, the surface of such material shall have a smooth nonabsorbent finish.” SUPP. 9 (1-2021) 5A-15 § 5A-2-1 H AWAI‘I C OUNTY C ODE (9) Section 403.8 of the International Building Code is amended to read as follows: “403.8 Fire command station. Fire command stations shall comply with the Fire Code and be approved by the fire chief.” (10) Section 419.4 of the International Building Code is added to read as follows: “419.4 Group I-1 assisted living facilities. Group I-1 Assisted Living Facilities shall comply with the provisions of Sections 419.4.1 and 419.4.2. 419.4.1 Building story limitations. Buildings shall not exceed one story in Type VB construction, two stories in Types IIB, III, IV, and VA construction, and three stories in Type IIA construction, including any allowable automatic sprinkler increases. Other construction type limitations on stories shall be limited by the provisions of Chapter 5. 4.19.4.2 Group I-1 smoke barriers. Group I-1 occupancies shall be provided with at least one smoke barrier in accordance with Section 709. Smoke barriers shall subdivide every story used by residents for sleeping or treatment into at least two smoke compartments. Each compartment shall have not more than 16 sleeping rooms, and the travel distance from any point in a smoke compartment to a smoke barrier door shall not exceed 150 feet (45,720 mm). At least 10 square 2 feet (0.93 m) of refuge area per resident shall be provided within the aggregate area of corridors, treatment rooms, or other low hazard common space rooms on each side of each smoke barrier.” (11) Section 903.2.5 of the International Building Code is amended to read as follows: “903.2.5 Group I. An automatic sprinkler system shall be provided throughout buildings with Group I fire area.” (12) Section 903.2.7 of the International Building Code is amended to read as follows: “903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exception: R-3 residential occupancies.” SUPP. 9 (1-2021) 5A-16 B UILDING C ODE § 5A-2-1 (13) Section 911.1 of the International Building Code is amended to read as follows: “911.1 Features. Where required by other sections of this code, a fire command center for fire department operations shall be provided and shall comply with the Fire Code and be approved by the fire chief.” (14) Section 1008.2 of the International Building Code is amended to read as follows: “1008.2 Gates. Gates serving the means of egress system shall comply with the requirements of this section. Gates used as a component in a means of egress shall conform to the applicable requirements for doors. Exceptions: (1) Horizontal sliding or swinging gates exceeding the 4-foot (1219 mm) maximum leaf width limitation are permitted in fences and walls surrounding a stadium. (2) Security gates may be permitted across corridors or passageways in school buildings if there is a readily visible durable sign on or adjacent to the gate, stating ‘THIS GATE IS TO REMAIN SECURED IN THE OPEN POSITION WHENEVER THIS BUILDING IS IN USE’. The sign shall be in letters not less than one inch high on a contrasting background. The use of this exception may be revoked by the building official for due cause.” (15) Chapter 11 of the International Building Code is deleted in its entirety and replaced with the following: “Chapter 11 - Accessibility 1101 Scope. Buildings or portions of buildings shall be accessible to persons with disabilities in accordance with the following regulations: (1) For construction of buildings or facilities of the State and County Governments, compliance with section 103-50, Hawai‘i Revised Statutes, administered by the Disability and Communication Access Board, State of Hawai‘i. (2) Americans with Disabilities Act, administered and enforced by the U.S. Department of Justice. (3) Fair Housing Act, administered and enforced by the U.S. Department of Housing and Urban Development. SUPP. 9 (1-2021) 5A-17 § 5A-2-1 H AWAI‘I C OUNTY C ODE (4) Other pertinent laws relating to disabilities shall be administered and enforced by agencies responsible for their enforcement. Prior to the issuance of a building permit, the owner (or the owner’s representative, professional architect, or engineer) shall submit a statement that all requirements, relating to accessibility for persons with disabilities, shall be complied with.” (16) Section 1203.2.2 of the International Building Code is added to read as follows: “1203.2.2 Unvented attic spaces. The attic space shall be permitted to be unvented when the design professional determines it would be beneficial to eliminate ventilation openings to reduce salt-laden air and maintain relative humidity 60 percent or lower to: (1) Avoid corrosion to steel components, (2) Avoid moisture condensation in the attic space, or (3) Minimize energy consumption for air conditioning or ventilation by maintaining satisfactory space conditions in both the attic and occupied space below.” (17) Section 1603.3 of the International Building Code is amended to read as follows: “1603.3 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been 2 designed to exceed 100 psf (4.80 kN/m), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.” (18) Section 1611.1 of the International Building Code is amended to read as follows: “1611.1 Design rain loads. Each portion of a roof shall be designed to sustain the load of rainwater that will accumulate on it if the primary drainage system for that portion is blocked plus the uniform load caused by water that rises above the inlet of the secondary drainage system at its design flow. The design rainfall rate shall be based on the 100-year 1-hour rainfall rate indicated in Figure 1611.1 as published by the National Weather Service or on other rainfall rates determined from approved local weather data.” SUPP. 9 (1-2021) 5A-18 B UILDING C ODE § 5A-2-1 (19) Table 1613.5.6(1) in the International Building Code is amended to read as follows: TABLE 1613.5.6(1) SEISMIC DESIGN CATEGORY BASED ON SHORT-PERIOD RESPONSE ACCELERATIONS Occupancy Category VALUE OF S DS I or II III IV S< 0.167gA AA DS < 0.33g B BC DS < 0.50gC CD DS < 0.60g C D D DS DD D DS SUPP. 9 (1-2021) 5A-19 § 5A-2-1 H AWAI‘I C OUNTY C ODE (20) Table 1613.5.6(2) in the International Building Code is amended to read as follows: TABLE 1613.5.6(2) SEISMIC DESIGN CATEGORY BASED ON 1-SECOND PERIOD RESPONSE ACCELERATION Occupancy Category VALUE OF S DI I or IIIIIIV S < 0.067gAA A DI < 0.133g BB C DI < 0.20g CC D DI < 0.25g CDD DI D DD DI (21) The definition of “Structural Observation” in Section 1702 of the International Building Code is amended to read as follows: “STRUCTURAL OBSERVATION. Structural Observation defined in accordance with Hawai‘i Administrative Rules of the Department of Commerce and Consumer Affairs, Title 16, Chapter 115, implementing Hawai‘i Revised Statutes chapter 464. Structural observation does not include or waive the responsibility for the inspection required by Section 109, 1704 or other sections of this code.” (22) Section 1704.1 of the International Building Code is amended to read as follows: “1704.1 General. Where application is made for construction as described in this section, the owner or the registered design professional in responsible charge acting as the owner’s agent shall employ one or more special inspectors to provide inspections during construction on the types of work listed under Sections 1704 and 1707. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection. These inspections are in addition to the inspections specified in Section 109. Exceptions: (1) Special inspections are not required for work of a minor nature or as warranted by conditions in the jurisdiction as approved by the building official. SUPP. 9 (1-2021) 5A-20 B UILDING C ODE § 5A-2-1 (2) Special inspections are not required for building components unless the design involves the practice of professional engineering or architecture as defined by applicable state statutes and regulations governing the professional registration and certification of engineers or architects. (3) Unless otherwise required by the building official, special inspections are not required for occupancies in Group R-3 as applicable in Section 101.2 and occupancies in Group U that are accessory to a residential occupancy including, but not limited to, those listed in Section 312.1.” (23) Section 1704.1.1 of the International Building Code is amended to read as follows: “1704.1.1 Statement of special inspections. The construction drawings shall include a complete list of special inspections required by this section.” (24) Section 1704.1.2 of the International Building Code is amended to read as follows: “1704.1.2 Report requirement. Special inspectors shall keep records of inspections. The special inspector shall furnish inspection reports to the owner, and licensed engineer or architect of record. Reports shall indicate that work inspected was done in conformance to approved construction documents. Discrepancies shall be brought to the immediate attention of the contractor for correction, then, if uncorrected, to the licensed engineer or architect of record and to the building official. The special inspector shall submit a final signed report to the owner and licensed engineer or architect of record, stating whether the work requiring special inspection was, to the best of the inspector’s knowledge, in conformance to the approved plans and specifications and the applicable workmanship provisions of this code. Prior to the final inspection required under Section 109.3.10, the licensed engineer or architect of record shall submit a written statement verifying receipt of the final special inspection reports and documenting that there are no known unresolved code requirements that create significant public safety deficiencies.” (25) Section 1705 of the International Building Code is deleted in its entirety. SUPP. 9 (1-2021) 5A-21 § 5A-2-1 H AWAI‘I C OUNTY C ODE (26) Section 1709 of the International Building Code is amended to read as follows: “1709 Structural observations. Structural observations shall be performed in accordance with Hawai‘i Revised Statutes, chapter 464, section 5, administered and enforced by the department of commerce and consumer affairs.” (27) Section 1808.2.7 of the International Building Code is amended to read as follows: “1808.2.7 Splices. Splices shall be constructed so as to provide and maintain true alignment and position of the component parts of the pier or pile during installation and subsequent thereto and shall be of adequate strength to transmit the vertical and lateral loads and moments occurring at the location of the splice during driving and under service loading. Splices occurring in the upper 10 feet (3048 mm) of the embedded portion of the pier or pile shall be capable of resisting at allowable working stresses the moment and shear that would result from an assumed eccentricity of the pier or pile load of 3 inches (76 mm), or the pier or pile shall be braced in accordance with Section 1808.2.5 to other piers or piles that do not have splices in the upper 10 feet (3048 mm) of embedment.” (28) Section 2104.1.9 of the International Building Code is added to read as follows: “2104.1.9 Cleanouts. Cleanouts shall be provided for all grout pours over 5 feet 4 inches in height. Special provisions shall be made to keep the bottom and sides of the grout spaces, as well as the minimum total clear area required by ACI 530.1-05/ASCE 6-05/TMS 602-05 clean and clear prior to grouting. Exception: Cleanouts are not required for grout pours 8 feet or less in height providing all of the following conditions are met: (1) The hollow masonry unit is 8-inch nominal width or greater with specified compressive strength fless than or equal to m 1,500 psi; (2) Fine grout is used complying with ASTM C-476 minimum compressive strength of 2,500 psi; and (3) Special Inspection is provided.” SUPP. 9 (1-2021) 5A-22 B UILDING C ODE § 5A-2-1 (29) Section 2303.1.8 of the International Building Code is repealed and replaced in its entirety to read as follows: “2303.1.8 Preservative-treated wood. Structural lumber, including plywood, posts, beams, rafters, joists, trusses, studs, plates, sills, sleepers, roof and floor sheathing, flooring and headers of new wood- frame buildings and additions shall be: (1) Treated in accordance with AWPA Standard U1 (UC1 thru UC4B) for AWPA Standardized Preservatives, all marked or branded and monitored by an approving agency. Incising is not required, providing that the retention and penetration requirements of these standards are met. (2) For SBX disodium octaborate tetrahydrate (DOT), retention shall be not less than 0.28 pcf BO(0.42 pcf DOT) for 23 exposure to Formosan termites. All such lumber shall be protected from direct weather exposure as directed in AWPA UC1 and UC2. (3) For structural glued-laminated members made up of dimensional lumber, engineered wood products, or structural composite lumber, pressure treated in accordance with AWPA U1 (UC1 thru UC4B) or by Light Oil Solvent Preservative (LOSP) treatment standard as approved by the building official. Water based treatment processes as listed in paragraphs 1 and 2 are not allowed to be used on these products unless specified by a structural engineer for use with reduced load values and permitted by the product manufacturer. (4) For structural composite wood products, treated by non- pressure processes in accordance with AWPA Standard U1 (UC1, UC2 and UC3A) or approved by the building official. 2303.1.8.1 Treatment. Wood treatment shall include the following: (1) A quality control and inspection program which meets or exceeds the current requirements of AWPA Standards M2-01 and M3-03; (2) Inspection and testing for the treatment standards as adopted by this code shall be by an independent agency approved by the building official, accredited by the American Lumber Standards Committee (ALSC) and contracted by the treating company; (3) Field protection of all cut surfaces with a preservative, which shall be applied in accordance with AWPA Standard M-4-02 or in accordance with the approved preservative manufacturer’s ICC-Evaluation Services report requirements. SUPP. 9 (1-2021) 5A-23 § 5A-2-1 H AWAI‘I C OUNTY C ODE 2303.1.8.2 Labeling. Labeling shall be applied to all structural lumber 2 inches or greater nominal thickness, with the following information provided on each piece as a permanent ink stamp on one face or on a durable tag permanently fastened to ends with the following information: (1) Name of treating facility; (2) Type of preservative; (3) AWPA use category; (4) Quality mark of third party inspection agency; (5) Retention minimum requirements; and (6) Year of treatment. All lumber less than 2 inches in nominal thickness, shall be identified per bundle by means of a label consisting of the above requirements. Labels measuring no less than 6 inches by 8 inches shall be placed on the lower left corner of the strapped bundle. 2303.1.8.3 Moisture content of treated wood. When wood pressure treated with a water-borne preservative is used in enclosed locations where drying in service cannot readily occur, such wood shall be at a moisture content of 19 percent or less before being covered with insulation, interior wall finish, floor covering or other material.” (30) Section 2304.9.5 of the International Building Code is amended to read as follows: “2304.9.5 Fasteners in non-borate-preservative-treated and fire-retardant-treated wood. Fasteners for preservative-treated and fire-retardant-treated wood, other than Borate (SBX, ZB) or LSOP treatments as approved in Section 2303.1.8 Preservative-Treated Wood, shall be of hot dipped zinc-coated galvanized steel, stainless steel, silicone bronze or copper. The coating weights for zinc-coated fasteners shall be in accordance with ASTM A 153. Exception: Fasteners other than nails, timber rivets, wood screws and lag screws shall be permitted to be of mechanically deposited zinc- coated steel with coating weights in accordance with ASTM B 695, Class 55 minimum. Fastenings for wood foundations shall be as required in AF&PA Technical Report No. 7.” SUPP. 9 (1-2021) 5A-24 B UILDING C ODE § 5A-2-1 (31) Section 2304.11 of the International Building Code is amended to read as follows: “2304.11 Protection against decay and termites. 2304.11.1 General. Where required by this section, protection from decay and termites shall be provided by the use of naturally durable or preservative-treated wood. 2304.11.2 Wood used above ground. Structural lumber installed above ground shall be preservative-treated wood in accordance with Section 2303.1.8. 2304.11.2.1 Soil treatment and termite barriers. Where structural lumber of wood frame buildings or structures are supported directly on the ground by a concrete slab, or concrete and/or masonry foundation Formosan subterranean termite protection shall be provided by either chemically treating the soil beneath and adjacent to the building or structure by a Hawai‘i licensed pest control operator, or stainless steel termite barrier, or other termite protection measures approved by the Building Official. All soil treatment, stainless steel termite barrier, and termite protection measures shall be installed according to manufacturer’s recommendations for control of Formosan subterranean termites. 2304.11.3 Wood in ground contact. Wood supporting permanent buildings and structures, which is in direct soil contact or is embedded in concrete or masonry in direct contact with earth shall be treated to the appropriate commodity specification of AWPA Standard U1. Wood in direct soil contact but not supporting any permanent buildings or structures shall be treated to the appropriate commodity specification of AWPA Standard U1 for ground contact. 2304.11.4 Retaining walls. Wood in retaining or crib wall shall be treated to AWPA Standard U1. 2304.11.5 Wood and earth separation. Where wood is used with less than 6-inch vertical separation from earth (finish grade), it shall be treated for ground-contact use. SUPP. 9 (1-2021) 5A-25 § 5A-2-1 H AWAI‘I C OUNTY C ODE Where planter boxes are installed adjacent to wood frame walls, a 2- inch-wide (51 mm) air space shall be provided between the planter and the wall. Flashings shall be installed when the air space is less than 6 inches (152 mm) in width. Where flashing is used, provisions shall be made to permit circulation of air in the air space. The wood- frame wall shall be provided with an exterior wall covering conforming to the provisions of Section 2304.6. 2304.11.6 Under-floor clearance for access and inspection. Minimum clearance between the bottom of floor joists or bottom of floors without joists and the ground beneath shall be 24 inches; the minimum clearance between the bottom of girders and the ground beneath shall be 18 inches. Exception: Open slat wood decks shall have ground clearance of at least 6 inches for any wood member. Accessible under-floor areas shall be provided with a minimum 18 inch-by 24 inch access opening, effectively screened or covered. Pipes, ducts and other construction shall not interfere with the accessibility to or within under-floor areas. 2304.11.7 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 (Commodity Specifications A or F) for soil and fresh water use. 2304.11.8 Weather exposure. All portions of timbers (over 5-inch nominal width) and glued-laminated timbers that form structural supports of a building or other structure shall be protected by a roof, eave, overhangs, flashings, or similar coverings. All wood or wood composite panels, in weather-exposed applications, shall be of exterior type. 2304.11.9 Water splash. Where wood-frame walls and partitions are covered on the interior with plaster, tile or similar materials and are subject to water splash, the framing shall be protected with approved waterproof paper conforming to section 1404.2. 2304.11.10 Pipe and other penetrations. Insulations around plumbing pipes shall not pass through ground floor slabs. Openings around pipes or similar penetrations in a concrete or masonry slab, which is in direct contact with earth, shall be filled with non-shrink grout, BTB, or other approved physical barrier.” SUPP. 9 (1-2021) 5A-26 B UILDING C ODE § 5A-2-1 (32) Section 2308.1 of the International Building Code is amended to read as follows: “2308.1 General. The requirements of this section are intended for conventional light-frame construction. Other methods are permitted to be used, provided a satisfactory design is submitted showing compliance with other provisions of this code. Interior nonload-bearing partitions, ceilings and curtain walls of conventional light-frame construction are not subject to the limitations of this section. Alternatively, compliance with AF&PA WFCM shall be permitted subject to the limitations therein and the limitations of this code.” (33) Section 2701.1 of the International Building Code is amended to read as follows: “2701.1 Scope. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the National Electrical Code, NFPA 70.” (34) Section 2901.1 of the International Building Code is amended to read as follows: “2901.1 Scope. The provisions of this chapter and the Uniform Plumbing Code shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems. Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Uniform Plumbing Code and adopted amendments. Private sewage disposal systems shall conform to the International Private Sewage Disposal Code.” (35) Section 3001.1 of the International Building Code is amended to read as follows: “3001.1 Scope. This chapter shall be a guideline and governs the design, construction, installation, alteration and repair of elevators and conveying systems and their components. If this chapter conflicts with another applicable law of the jurisdiction, then said applicable law shall prevail over this chapter.” SUPP. 9 (1-2021) 5A-27 § 5A-2-1 H AWAI‘I C OUNTY C ODE (36) Section 3109.3 of the International Building Code is amended to read as follows: “3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence at least 4 feet (1219 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. Exception: Swimming, dipping, or wading pools located on the premises of a hotel are not required to be enclosed.” (37) Section 3405.1 of the International Building Code is amended to read as follows: “3405.1 Conformance. The installation or replacement of glass shall be as required by Chapter 24 for new installations.” (38) Section 3410.3.2 of the International Building Code is amended to read as follows: “3410.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section shall comply with the State Fire Code.” (2020, ord 20-61, sec 3.) 5A-2-1 Article 3. Adoption, Amendment, and Addition of Appendices. Division 1. Appendices of International Building Code Adopted. Section 5A-3-1. Appendices not applicable. Provisions in the appendices of the International Building Code, 2006 Edition, shall not apply unless specifically adopted. (2020, ord 20-61, sec 3.) 5A-3-1 Section 5A-3-2. Appendices adopted. The following appendices of the IBC are hereby adopted and incorporated by reference herein and made a part of this code, subject to the amendments hereinafter set forth in this article: (1) Appendix C, Group U-Agricultural Buildings; and (2) Appendix I, Patio Covers. (2020, ord 20-61, sec 3.) 5A-3-2 SUPP. 9 (1-2021) 5A-28 B UILDING C ODE § 5A-3-3 Section 5A-3-3. Amendments to Appendix C; Group U – agricultural buildings. Section C101, General, is amended by adding the following: “C101.2 Horticulture buildings. Buildings and structures of Group U Occupancy for horticultural use with covering of wire screen, cheesecloth, or non-rigid plastic sheets are not required to conform to the requirements of Chapters 4-9, 11-26, 28, 30, 31, 34 and 35 of this code when located in areas zoned for agricultural use and not part of any other structure. C101.3 Fences. C101.3.1 General. Fences shall be constructed in accordance with this code and all applicable County and State regulations. C101.3.2 Barbed or razor wire fences. Barbed or razor wire shall not be used for construction of any fence. Exceptions: (a) Barbed or razor wire may be used in fences enclosing the following premises, provided that barbed or razor wire shall be placed along or above the height of 6 feet from the ground, subject to the approval of the fire department: (1) Any “public utility” as defined in section 269-1, Hawai‘i Revised Statutes; (2) Premises in industrial zoned districts and used for storage or handling of hazardous materials, and premises zoned I-2 or I-3, intensive or waterfront industrial districts which are used for industrial purposes and are not adjacent to premises used for other purposes; (3) Zoos for keeping animals and birds for public view or exhibition; (4) Jails, prisons, reformatories, and other institutions which are involved in law enforcement or military activities where security against entry is an important factor. (b) Barbed wire may be used in premises used for pasturing livestock, including but not limited to: horses; cattle; sheep; goats; camelids; and pigs, or to keep wild animals out. Section C101.3.3 Construction barrier. See Section 3306 for fences allowed during construction or demolition.” (2020, ord 20-61, sec 3.) 5A-3-3 SUPP. 9 (1-2021) 5A-29 § 5A-3-21 H AWAI‘I C OUNTY C ODE Division 2. Appendices Added to the International Building Code. Section 5A-3-21. Appendices added to International Building Code. The following appendices are hereby added to the International Building Code and made a part of this code, as set forth in full in this article: (1) Appendix M, Thatch Material on Exterior of Buildings – Protection Against Exposure Fires; (2) Appendix U, Hawai‘i Hurricane Sheltering Provisions for New Construction; (3) Appendix W, Hawai‘i Wind Design Provisions for New Construction; (4) Appendix X, Indigenous Hawaiian Architecture Structures. (2020, ord 20-61, sec 3; am 2021, ord 21-61, sec 17.) 5A-3-21 Section 5A-3-22. Repealed. (2020, ord 20-61, sec 3; rep 2021, ord 21-61, sec 18.) 5A-3-22 SUPP. 11 (1-2022) 5A-30 B UILDING C ODE This page intentionally left blank. SUPP. 11 (1-2022) 5A-31 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 11 (1-2022) 5A-32 B UILDING C ODE § 5A-3-23 Section 5A-3-23. Appendix M; Thatch Material on Exterior of Buildings - Protection Against Exposure Fires. Appendix M is added to read as follows: “APPENDIX M THATCH MATERIAL ON EXTERIOR OF BUILDINGS; PROTECTION AGAINST EXPOSURE FIRES SECTION M101 GENERAL M101.1 General. Thatched materials used on the roof on a building shall be protected by manually operated sprinkler heads, with adequate water supply, pipe size, and sprinkler head spacing in accordance with sprinkler system requirements set forth in this section. Thatched materials used on the wall of a building shall be protected by manually operated outside sprinklers. Size and spacing of sprinklers and pipe size shall be in accordance with Chapter 7, “Outside Sprinklers and Protection Against Exposure Fires,” of the National Fire Codes of the National Fire Protection Association. Controls shall be set forth in this section. SUPP. 11 (1-2022) 5A-33 § 5A-3-23 H AWAI‘I C OUNTY C ODE SECTION M102 APPLICABILITY M102.1 Applicability. Thatched material on the exterior of buildings shall be permitted only upon buildings located in areas zone for resort (V Resort-Hotel by the Planning Department) uses which primarily service the tourist trade when approved by the building official. The thatched material permitted in this section shall be used for decorative purposes on the roof or wall of buildings. The building, independent of the thatched material, shall comply with all applicable provisions of this appendix. When thatched material is used as permitted in this section, and an appropriate permit is obtained therefore, outside sprinklers for protection against exposure fires shall be required as hereinafter provided. SECTION M103 SPRINKLER M103.1 General. Sprinklers shall be located at the high point of the roof. Upright or pendant sprinklers shall be used for gable roofs. Sidewall sprinklers shall be used for shed roofs. M103.2 Spacing of sprinklers. The maximum width of roof with one row of sprinklers shall be as follows: Orifice Size Roof Slope Width of Roof (In inches) 1:3 or greater 3/8 15' 1:3 or greater 1/2 20' 1:3 or greater 17/32 25' Less than 1:3 3/8 10' Less than 1:3 1/2 15' Less than 1:3 17/32 20' Maximum spacing of sprinklers on branch lines (along ridge) shall be as follows: 3/8- inch orifice – 6 feet;1/2-inch orifice – 8 feet; 17/32-inch orifice – 10 feet. SUPP. 9 (1-2021) 5A-34 B UILDING C ODE § 5A-3-23 Conical roofs may be protected with one sprinkler at the apex if the diameter of the roof does not exceed the width of roof referred to in this section. Where the width of a roof exceeds the width allowed for one row of sprinklers, as provided in the table in this section, two or more rows of sprinklers shall be required. The rows of sprinklers shall be placed such that the entire roof area is protected. M103.3 Areas protected. Each area (zone) of thatched material that is separated from another thatched area by an open space of 20 feet or more or by incombustible construction of 20 feet or more shall be considered a separate area (zone). Risers to each separate zone shall not be less than that shown in subsection M103.5, Riser and pipe size, except as modified as follows: (1) More than one zone may be protected by one valve, if the supply is adequate. (2) If one area (zone) is larger than can be protected with the existing supply, the zones can be subdivided into subzones if the following criteria are met: An area of at least 800 square feet is protected by the subzone control valve; there is at least a 10 percent overlap in coverage of adjoining subzones; and operation of the manual control valves will automatically transmit an alarm to the fire department. M103.4 Water supply. The sprinkling system shall have a separate connection to the water main in the street, to an approved automatic fire-extinguishing system supply line, to a wet standpipe supply line, or to a domestic supply of adequate size. The water supply required shall be determined from either of the following: (1) Flow per sprinkler for the largest zone, with residual pressure at the highest sprinkler at 15 pounds per square in with all heads operating, shall be as follows: Orifice Size Gallons Per Minute (In inches) 3/8 15 1/2 20 17/32 25 SUPP. 9 (1-2021) 5A-35 § 5A-3-23 H AWAI‘I C OUNTY C ODE (2) The flow shall be hydraulically calculated so as to discharge at least 0.11 gallons per minute per square foot of surface area to be sprinkled. M103.5 Riser and pipe size. Pipe sizes shall be determined from the flow as calculated in subsection M103.4, Water supply. However, no pipe less than one inch in size shall be used. The following table may be used in conjunction with this flow calculated for the selection of pipe or riser sizes. Orifice Pipe or Riser Size (In inches) Size 1 1-1/4 1-1/2 2 2-1/2 3 3-1/2 4 (In inches) No. of Sprinklers 3/8 3 4 7 11 21 37 40 40 1/2 2 3 5 8 15 27 40 40 17/32 1 2 4 6 11 19 30 38 M103.6 Number of sprinklers served. The number of sprinklers on a branch line shall not exceed six. Center feet shall be used for six or more sprinklers. The number of sprinklers under control of each control valve shall not exceed forty. At the location of each valve, there shall be a drain connection and a 1/4-inch valve test connection to accommodate pressure gauge. M103.7 Material installed above grade. Piping shall be galvanized steel schedule 40 with galvanized malleable iron fittings or hard drawn copper with silver solder fittings. Pipes shall be securely fastened to the structure. Valves shall be manual type approved and listed by the Underwriters’ Laboratories or by other approved testing agencies. Valves shall be installed outdoors and so located as to be readily accessible in case of fire. Signs indicating the use of valves shall be conspicuously posted. M103.8 Local alarm. Any one system with 20 or more sprinklers under control of one valve shall be complemented with a local fire alarm, either electrically or mechanically operated.” (2020, ord 20-61, sec 3.) 5A-3-23 SUPP. 9 (1-2021) 5A-36 B UILDING C ODE § 5A-3-24 Section 5A-3-24. Appendix U; Hawai‘i Hurricane Sheltering Provisions for New Construction. Appendix U is added to read as follows: “APPENDIX U HAWAI‘I HURRICANE SHELTERING PROVISIONS FOR NEW CONSTRUCTION Section U101. Community Storm Shelters. Chapter 4 is amended by adding Section 421 to read as follows: “SECTION 421 COMMUNITY STORM SHELTERS 421.1 General. In addition to other applicable requirements in this code, community storm shelters and the following specific Occupancy Category IV buildings shall be constructed in accordance with ICC/NSSA-500: (1) Designated earthquake, hurricane or other emergency shelters. (2) Designated emergency preparedness, communication, and operation centers and other facilities required for emergency response. 421.1.1 Scope. This section applies to the construction of storm shelters constructed as separate detached buildings or constructed as safe rooms within buildings for the purpose of providing safe refuge from storms that produce high winds, such as hurricanes. Such structures shall be designated to be hurricane shelters. 421.2 Definitions. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein. “COMMUNITY STORM SHELTER. A building, structure, or portions(s) thereof, constructed in accordance with ICC 500-08 ICC/NSSA Standard on the Design and Construction of Storm Shelters and designated for use during a severe wind storm event such as a hurricane.” Section U102. Hawai‘i Residential Safe Room. Chapter 4 is amended by adding Section 422 to read as follows: SUPP. 9 (1-2021) 5A-37 § 5A-3-24 H AWAI‘I C OUNTY C ODE “SECTION 422 HAWAI‘I RESIDENTIAL SAFE ROOM 422.1 Performance-based design criteria. The Residential Safe Room shall meet the minimum performance specifications of Sections 422.1.1 through 422.9, and the owner of the Residential Safe Room shall comply with Section 422.10. 422.1.1 Intent and scope. The intent of the Residential Safe Room is to temporarily provide an enhanced protection area that is either: (1) fully enclosed within a dwelling or within an accessory structure to a residence; or (2) a separate structure outside of the dwelling that meets standards pursuant to 422.1.2.1 or 422.1.2.2. All Residential Safe Rooms shall be designed and constructed to withstand the wind pressures, windborne debris impacts, and other requirements of this section. 422.1.2 Alternative standards. (1) Manufactured Safe Room Designs Subject to Approval. A manufactured safe room or safe room kit may be substituted if documentation is submitted and approved by the building official. The safe room shall be engineered, tested, and manufactured to meet or exceed the criteria of this section. (2) FEMA 320 Shelter Designs Permitted. It shall be permissible to build FEMA Shelters of up to 64 square feet of floor area with walls up to 8 feet long that are built in accordance with construction details of FEMA 320. 422.2 Site criteria. Residential Safe Rooms shall not be constructed within areas subject to stream flooding, coastal flooding or dam failure inundation within any of the following areas: (1) FEMA Special Flood Hazard Areas (SFHA) subject to rainfall runoff flooding or stream or flash flooding; (2) Coastal zones “V” or “A” identified in the Flood Insurance Rate Map (FIRM) issued by FEMA for floodplain management purposes, in which the flood hazard are tides, storm surge, waves, tsunamis, or a combination of these hazards; and (3) Areas subject to dam failure inundation as determined by the Department of Land and Natural Resources. SUPP. 9 (1-2021) 5A-38 B UILDING C ODE § 5A-3-24 422.3 Maximum occupancy. The safe room is permitted to be used for a maximum occupancy based on at least 15 square feet per person with a maximum of 8 persons in a room of up to 128 square feet of floor area. 422.4 Provisions for exiting. The room shall be equipped with an inward-swinging door and an impact-protected operable window suitable for a means of alternative exiting in an emergency. 422.5 Design for dead, live, wind, rain, and impact loads. 422.5.1 Structural integrity criteria. (1) The safe room shall be built with a complete structural system and a complete load path for vertical and lateral loads caused by gravity and wind. (2) The building that the safe room is built within shall be assumed to be destroyed by the storm and shall not be taken as offering any protective shielding to the safe room enclosure. (3) The ceiling structure and wall shall be capable of supporting a superimposed debris load of the full weight of any building floors and roof above, but not less than 125 psf. (4) The safe room enclosure shall be capable of simultaneously resisting lateral and uplift wind pressures corresponding to a 160 mph 3-second peak gust, determined in accordance with ASCE Standard 7, Minimum Design Loads for Buildings and Other Structures, calculated using load and importance Factors of 1.0. The site exposure factor shall be based on exposure C. The gust factor and the directionality factor shall be taken as 0.85. Topographic wind amplification caused by mountainous terrain shall be considered in accordance with the building code. Internal pressure shall be determined in accordance with ASCE – 7. (5) The safe room shall be anchored to a foundation system capable of resisting the above loading conditions. 422.5.2 Windborne debris impact protection of building enclosure elements. The entire enclosure of the safe room, including all walls, ceilings, and openings, fixed or operable windows, and all entry doors into the safe room, shall meet or exceed Level D requirements of ASTM E 1996 (Table 422.5-1). Any wall or ceiling penetration greater than 4 square inches shall be considered an opening. SUPP. 9 (1-2021) 5A-39 § 5A-3-24 H AWAI‘I C OUNTY C ODE Exception: Electrical outlet boxes and interior lighting switches not penetrating more than 2.5-inches into the interior wall surface and a plumbing piping or conduit not greater than 1.5-inch in diameter shall be exempted from this requirement. 422.5.3 Cyclic pressure loading of glazing and protective systems. Impact protective systems shall meet the ASTM E 1996 cyclic pressure requirement for the loading given in Table 422.5-1. TABLE 422.5-1 WINDBORNE DEBRIS PROTECTION AND CYCLIC PRESSURE CRITERIA FOR RESIDENTIAL SAFE ROOMS Enclosure Wall Ceiling, ASTM E and Floor Cyclic Air 1996 Debris Debris Missile Pressure Testing - Missile Impact Size maximum inward and Level Speed maximum outward Rating pressures 2 x 4 weighing 9.0 lb. +/- 0.25 lb., 50 ft./sec. 35 psf inward and with min. D or at least 45 psf outward length 8 ft. 34 mph +/-4-inch 422.6 Ventilation. The room shall be naturally ventilated to allow the enclosure to have approximately one air change every 2 hours. This requirement may be satisfied by 12 square inches of venting per occupant. There shall be at least two operable vents. The vents shall be protected by a cowling or other device that shall be impact tested to comply with ASTM E 1996 Level D. Alternatively, the room shall be evaluated to determine if the openings are of sufficient area to constitute an open or partially enclosed condition as defined in ASCE 7. 422.7 Communications. The safe room shall be equipped with a phone line and telephone that does not rely on a separate electrical power outlet. Alternatively, a wireless telephone shall be permitted to rely on an Uninterruptible Power Supply (UPS) battery device. 422.8 Construction documents. Construction documents for the Residential Safe Room shall be directly prepared by a Hawai‘i licensed professional structural engineer. SUPP. 9 (1-2021) 5A-40 B UILDING C ODE § 5A-3-24 422.9 Special inspection. The construction or installation of the safe room shall be verified for conformance to the drawings in accordance with Chapter 17. 422.10 Notification. The owner of the safe room shall notify the State Department of Defense and county civil defense agency of the property’s Tax Map Key or Global Positioning System coordinates.” Section U102. State and County-owned public high occupancy buildings - design criteria for enhanced hurricane protection areas. Chapter 4 is amended by adding Section 423 to read as follows: “SECTION 423 STATE AND COUNTY-OWNED HIGH OCCUPANCY BUILDINGS - DESIGN CRITERIA FOR ENHANCED HURRICANE PROTECTION AREAS 423.1 Intent. The purpose of this section is to establish minimum life safety design criteria for enhanced hurricane protection areas in high occupancy state- and county-owned buildings occupied during hurricanes of up to Saffir Simpson Category 3. 423.2 Scope. This section shall apply to state- and county-owned buildings which are of Occupancy Category III and IV defined by Table 1604.5 and of the following specific occupancies: (1) Enclosed and partially enclosed structures whose primary occupancy is public assembly with an occupant load greater than 300. (2) Health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities. (3) Any other state- and county-owned enclosed or partially enclosed building with an occupant load greater than 5,000. (4) Hospitals and other health care facilities having surgery or emergency treatment facilities. Exception: Facilities located within flood zone V and flood zone A that are designated by the owner to be evacuated during hurricane warnings declared by the National Weather Service, shall not be subject to these requirements. 423.3 Site criteria. SUPP. 9 (1-2021) 5A-41 § 5A-3-24 H AWAI‘I C OUNTY C ODE 423.3.1 Flood and tsunami zones. Comply with ASCE 24-05, Flood Resistant Design and Construction, based on provisions for Occupancy Category III. (1) Floor slab on grade shall be 1.5 foot above the Base Flood Elevation of the county’s flood hazard map, or at higher elevation as determined by a modeling methodology that predicts the maximum envelope and depth of inundation including the combined effects of storm surge and wave actions with respect to a Category 3 hurricane. (2) Locate outside of V and Coastal A flood zones unless justified by site-specific analysis or designed for vertical evacuation in accordance with a method approved by the building official. When a building within a V or Coastal A zone is approved, the bottom of the lowest structural framing member of any elevated first floor space shall be 2 feet above the Base Flood Elevation of the county’s flood hazard map, or at higher elevation as determined by a modeling methodology that predicts the maximum envelope and depth of inundation including the combined effects of storm surge and wave actions with respect to a Category 3 hurricane. (3) Locate outside of Tsunami evacuation zones unless justified by site-specific analysis or designed for vertical evacuation in accordance with a method approved by the building official. 423.3.2 Emergency vehicle access. Provide at least one route for emergency vehicle access. The portion of the emergency route within the site shall be above the 100-year flood elevation. 423.3.3 Landscaping and utility laydown impact hazards. Landscaping around the building shall be designed to provide standoff separation sufficient to maintain emergency vehicle access in the event of mature tree blowdown. Trees shall not interfere with the functioning of overhead or underground utility lines, nor cause laydown or falling impact hazard to the building envelope or utility lines. 423.3.4 Adjacent buildings. The building shall not be located within 1,000 feet of any hazardous material facilities defined by Table 1604.5. Unanchored light-framed portable structures shall be not permitted within 300 feet of the building. 423.4 Enhanced hurricane protection area program requirements. SUPP. 9 (1-2021) 5A-42 B UILDING C ODE § 5A-3-24 423.4.1 Applicable net area. At least 50 percent of the net square feet of a facility shall be constructed to qualify as an enhanced hurricane protection area. The net floor area shall be determined by subtracting from the gross square feet the floor area of excluded spaces, exterior walls, columns, fixed or movable objects, equipment or other features that under probable conditions cannot be removed or stored during use as a storm shelter. 423.4.2 Excluded spaces. Spaces such as mechanical and electrical rooms, storage rooms, attic and crawl spaces, shall not be considered as net floor area permitted to be occupied during a hurricane. 423.4.3 Occupancy capacity. The occupancy capacity shall be determined by dividing the net area of the enhanced hurricane protection area by 15 square feet net floor area per person. 423.4.4 Toilets and hand washing facilities. Provide a minimum of 1 toilet per 50 enhanced hurricane protection area occupants and a minimum of 1 sink per 100 enhanced hurricane protection area occupants, as determined per Section 423.4.3, located within the perimeter of the enhanced hurricane protection area. These required toilet and hand-washing facilities are not in addition to those required for normal occupancy and shall be included in the overall facility fixture count. 423.4.5 Accessibility. Where the refuge occupancy accommodates more than 50 persons, provide an ADA-accessible route to a shelter area at each facility with a minimum of 1 wheelchair space for every 200 enhanced hurricane protection area occupants determined per Section 423.4.3. 423.5 Design wind, rain, and impact loads. 423.5.1 Structural design criteria. The building Main Wind Force Resisting System and structural components shall be designed per ASCE 7 for a 115 mph minimum peak 3-second gust design speed with a load factor of 1.6, and an Importance Factor for Occupancy Category III. Topographic and directionality factors shall be the site-specific values determined per Appendix W. Design for interior pressure based on the largest opening in any exterior facade or roof surface. 423.5.2 Windborne debris missile impact for building enclosure elements. Exterior glazing and glazed openings, louvers, roof openings and doors shall be provided with windborne debris impact resistance or protection systems conforming to ASTM E1996-05 Level D, i.e., 9 lb. 2 X 4 @ 50 fps (34 mph). SUPP. 9 (1-2021) 5A-43 § 5A-3-24 H AWAI‘I C OUNTY C ODE 423.5.3 Cyclic pressure loading of impact resistive glazing or windborne impact protective systems. Resistance to the calculated maximum inward and outward pressure shall be designed to conform to ASTM E1996-05. 423.5.4 Windows. All unprotected window assemblies and their anchoring systems shall be designed and installed to meet the wind load and missile impact criteria of this section. 423.5.5 Window protective systems. Windows may be provided with permanent or deployable protective systems, provided the protective system is designed and installed to meet the wind load and missile impact criteria and completely covers the window assembly and anchoring system. 423.5.6 Doors. All exterior and interior doors subject to possible wind exposure and/or missile impact shall have doors, frames, anchoring devices, and vision panels designed and installed to resist the wind load and missile impact criteria or such doors, frames, anchoring devices, and vision panels shall be provided with impact protective systems designed and installed to resist the wind load and missile impact criteria of this section. 423.5.7 Exterior envelope. The building enclosure, including walls, roofs, glazed openings, louvers and doors, shall not be perforated or penetrated by windborne debris, as determined by compliance with ASTM E1996-05 Level C. 423.5.8 Parapets. Parapets shall satisfy the wind load and missile impact criteria of the exterior envelope. 423.5.9 Roofs. 423.5.9.1 Roof openings. Roof openings (e.g., HVAC fans, ducts, skylights) shall be provided with protection for the wind load and missile impact criteria of Sections 423.5.2 and 423.5.3. 423.5.9.2 High wind roof coverings. Roof coverings shall be specified and designed according to the latest ASTM Standards for high wind uplift forces. 423.5.9.3 Roof drainage. Roofs shall have adequate slope, drains and overflow drains or scuppers sized to accommodate 100-year hourly rainfall rates in accordance with Section 1611.1, but not less than 2- inches per hour for 6 continuous hours. SUPP. 9 (1-2021) 5A-44 B UILDING C ODE § 5A-3-24 423.6 Ventilation. 423.6.1 Mechanical ventilation. Mechanical ventilation as required per the International Mechanical Code. Air intakes and exhausts shall be designed and installed to meet the wind load and missile impact criteria of Sections 423.5.2 and 423.5.3. 423.6.2 HVAC equipment anchorage. HVAC equipment mounted on roofs and anchoring systems shall be designed and installed to meet the wind load criteria. Roof openings for roof-mounted HVAC equipment shall have a 12-inch-high curb designed to prevent the entry of rain water. 423.7 Standby electrical system capability. Provide a standby emergency electrical power system per Chapter 27 and NFPA 70 Article 700 Emergency Systems and Article 701 Legally Required Standby Systems, which shall have the capability of being connected to an emergency generator or other temporary power source. The emergency system capabilities shall include: (1) An emergency lighting system, (2) Illuminated exit signs, (3) Fire protection system(s), alarm and sprinkler, and (4) Minimum mechanical ventilation for health/safety purposes. 423.7.1 Emergency generator. When emergency generators are pre-installed, the facility housing the generator, permanent or portable, shall be an enclosed area designed to protect the generators from wind and missile impact. Generators hardened by the manufacturer to withstand the area’s design wind and missile impact criteria shall be exempt from the enclosed area criteria requirement. 423.8 Quality assurance. 423.8.1 Information on construction documents. Construction Documents shall include design criteria, the occupancy capacity of the enhanced hurricane protective area, and Project Specifications shall include opening protection devices. Floor plans shall indicate all enhanced hurricane protection area portions of the facility and exiting routes there from. The latitude and longitude coordinates of the building shall be recorded on the construction documents. SUPP. 9 (1-2021) 5A-45 § 5A-3-24 H AWAI‘I C OUNTY C ODE 423.8.2 Special inspection. In addition to the requirements of Chapter 17, special inspections shall include at least the following systems and components: (1) Roof cladding and roof framing connections. (2) Wall connections to roof and floor diaphragms and framing. (3) Roof and floor diaphragm systems, including collectors, drag struts and boundary elements. (4) Vertical windforce-resisting systems, including braced frames, moment frames and shear walls. (5) Windforce-resisting system connections to the foundation. (6) Fabrication and installation of systems or components required to meet the impact-resistance requirements of Section 1609.1.2. Exception: Fabrication of manufactured systems or components that have a label indicating compliance with the wind-load and impact- resistance requirements of this code. 423.8.3 Quality assurance plan. A construction quality assurance program shall be included in the Construction Documents, including: (1) The materials, systems, components and work required to have special inspection or testing by the building official or by the registered design professional responsible for each portion of the work. (2) The type and extent of each special inspection. (3) The type and extent of each test. (4) Additional requirements for special inspection or testing for seismic or wind resistance. (5) For each type of special inspection, identification as to whether it will be continuous special inspection or periodic special inspection. 423.8.4 Peer review. Construction Documents shall be independently reviewed by a Hawai‘i-licensed Structural Engineer. A written opinion report of compliance shall be submitted to State Civil Defense, the Building Official, and the owner. 423.9 Maintenance. The building shall be periodically inspected every three years and maintained by the owner to ensure structural integrity and compliance with this section. A report of inspection shall be furnished to State Civil Defense. SUPP. 9 (1-2021) 5A-46 B UILDING C ODE § 5A-3-24 423.10 Compliance re-certification when altered, deteriorated, or damaged. Alterations shall be reviewed by a Hawai‘i-licensed structural engineer to determine whether any alterations would cause a violation of this section. Deterioration or damage to any component of the building shall require an evaluation by a Hawai‘i-licensed structural engineer to determine repairs necessary to maintain compliance with this section.” (2020, ord 20-61, sec 3.) 5A-3-24 Section 5A-3-25. Appendix W; Hawai‘i Wind Design Provisions for New Construction. Appendix W is added to read as follows: “APPENDIX W HAWAI‘I WIND DESIGN PROVISIONS FOR NEW CONSTRUCTIONS W101 Revisions to Chapter 16. When Appendix W is adopted, wind design shall be in accordance with Chapter 16 as amended by Sections W101.1 through W101.10. W101.1 Revisions to section 1603.1. Section 1603.1 is amended to read as follows: “1603.1 General. Construction documents shall show the size, section, and relative locations of structural members with floor levels, column centers and offsets dimensioned. The design loads and other information pertinent to the structural design required by Sections 1603.1.1 through 1603.1.8 shall be indicated on the construction documents. Exception: Construction documents for buildings constructed in accordance with the conventional light-frame construction provisions of Section 2308 shall indicate the following structural design information: (1) Floor and roof live loads. (2) Ground snow load, P. g (3) Basic wind speed (3-second gust) and Effective wind speed V (3-second gust), miles per hour (mph)(km/hr) eff and wind exposure. (4) Seismic design category and site class. (5) Flood design data, if located in flood hazard areas established in Section 1612.3.” SUPP. 9 (1-2021) 5A-47 § 5A-3-25 H AWAI‘I C OUNTY C ODE W101.2 Revisions to section 1603.1.4. Section 1603.1.4 is amended to read as follows: “1603.1.4 Wind design data. The following information related to wind loads shall be shown, regardless of whether wind loads govern the design of the lateral-force-resisting system of the building: (1) Basic wind speed (3-second gust), miles per hour (km/hr), . V, and effective windspeed V eff (2) Wind importance factor I, and building category. (3) Wind exposure, if more than one wind exposure is utilized, the wind exposure for each applicable wind direction shall be indicated. (4) The applicable internal pressure coefficient. (5) Components and cladding. The design wind pressures in ² ) used for the design of exterior terms of psf (kN/m components, and cladding not specifically designed by the registered design professional.” W101.3 Revisions to section 1609.1.1. Section 1609.1.1 is amended to read as follows: “1609.1.1 Determination of wind loads. Wind loads on every building or structure shall be determined in accordance with Chapter 6 of ASCE 7. Minimum values for Directionality Factor, K, Velocity Pressure Exposure Coefficient, K, and Topographic dz , shall be determined in accordance with Section 1609. Factor, K zt The type of opening protection required, the basic wind speed and the exposure category for a site is permitted to be determined in accordance with Section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered. Exceptions: (1) Subject to the limitations of Section 1609.1.1.1, the provisions of SBCCI SSTD 10 shall be permitted for applicable Group R-2 and R-3 buildings. (2) Subject to the limitations of Section 1609.1.1.1, residential structures using the provisions of the AF & PA WFCM. (3) Designs using NAAMM FP 1001. (4) Designs using TIA/EIA-222 for antenna-supporting structures and antennas.” SUPP. 9 (1-2021) 5A-48 B UILDING C ODE § 5A-3-25 W101.4 Revisions to section 1609.1.2. Section 1609.1.2 is amended to read as follows: “1609.1.2 Protection of openings. In wind-borne debris regions, glazing in building shall be impact-resistant or protected with an impact-resistant covering meeting the requirements of an approved impact-resisting standard or ASTM E 1996 and of ASTM E 1886 referenced therein as follows: (1) Glazed openings located within 30 feet (9144 mm) of grade shall meet the requirements of the Large Missile Test of ASTM E 1996. (2) Glazed openings located more than 30 feet (9144 mm) above grade shall meet the provisions of the Small Missile Test of ASTM E 1996. Exceptions: (1) Wood structural panels with a minimum thickness of 7/16 inch (11.1 mm) and a maximum panel span of 8 feet (2438 mm) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut so that they shall be attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be secured with the attachment hardware provided. Attachments shall be designed to resist the components and cladding loads determined in accordance with the provisions of ASCE 7. Attachment in accordance with Table 1609.1.2 is permitted for buildings with a mean roof height of 33 feet (10,058 mm) or less where wind speeds do not exceed 130 mph (57.2 m/s). (2) Glazing in Occupancy Category I buildings as defined in Section 1604.5, including greenhouses that are occupied for growing plants on a production or research basis, without public access shall be permitted to be unprotected. (3) Glazing in Occupancy Category II, III or IV buildings located over 60 feet (18,288 mm) above the ground and over 30 feet (9,144 mm) above aggregate surface roofs located within 1,500 feet (458 m) of the building shall be permitted to be unprotected. (4) Glazing in Occupancy Category II and III buildings that can receive positive external pressure in the lower 60 feet (18,288 mm) shall be assumed to be openings unless such glazing is impact-resistant or protected with an impact- resistant system. SUPP. 9 (1-2021) 5A-49 § 5A-3-25 H AWAI‘I C OUNTY C ODE Exception: Glazing in Occupancy Category III buildings defined by Table 1604.5 of the following occupancies shall be provided with windborne debris protection: (a) Covered structures whose primary occupancy is public assembly with an occupant load greater than 300. (b) Health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities. (c) Any other public building with an occupant load greater than 5,000. 1609.1.2.1 Building with openings. Where glazing is assumed to be an opening in accordance with Section 1609.1.2, the building shall be evaluated to determine if the openings are of sufficient area to constitute an open or partially enclosed building as defined in ASCE 7. Open and partially enclosed buildings shall be designed in accordance with the applicable provisions of ASCE 7. Partially enclosed Occupancy R-3 buildings shall also include a residential safe room in accordance with Section 422, Hawai‘i Residential Safe Room. 1609.1.2.2 Louvers. Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 ft (9,144 mm) of grade shall meet requirements of an approved impact-resisting standard or the Large Missile Test of ASTM E 1996. TABLE 1609.1.2 WIND-BORNE DEBRIS PROTECTION FASTENING SCHEDULE a,b,c FOR WOOD STRUCTURAL PANELS FASTENER SPACING 4 feet 6 feet Panel span < Panel span< Panel span FASTENER TYPE No. 6 screws 16" 12" 9" No. 8 screws 16" 16" 12" For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound = 0.454 kg, 1 mile per hour = 1.609 km/h. a. This table is based on a maximum wind speed (3-second gust) of 130 mph and mean roof height of 33 feet or less. b. Fasteners shall be installed at opposing ends of the wood structural panel. Fasteners shall be located a minimum of 1 inch from the edge of the panel. SUPP. 9 (1-2021) 5A-50 B UILDING C ODE § 5A-3-25 c.Fasteners shall be long enough to penetrate through the exterior wall covering a minimum of 1.75 inches into wood wall framing; a minimum of 1.25 inches into concrete block or concrete; or into steel framing by at least three threads. Fasteners shall be located a minimum of 2.5 inches from the edge of concrete block or concrete. d. Where screws are attached to masonry or masonry/stucco, they shall be attached utilizing vibration-resistant anchors having a minimum withdrawal capacity of 490 pounds.” W101.4.1 Revisions to section 1609.2. Section 1609.2 is amended to read as follows: “1609.2 Definitions. The following words and terms shall, for the purposes of Section 1609, have the meanings shown herein. HURRICANE-PRONE REGIONS. Areas vulnerable to hurricanes defined as: (1) The U.S. Atlantic Ocean and Gulf of Mexico coasts where the basic wind speed is greater than 90 mph (40 m/s) and (2) Hawai‘i, Puerto Rico, Guam, Virgin Islands and American Samoa. WIND-BORNE DEBRIS REGION. Portions of hurricane- prone regions that are within 1 mile (1.61 km) of the coastal mean high water line where the basic wind speed is 110 mph (48 m/s) or greater; or portions of hurricane-prone regions where the basic wind speed is 120 mph (53 m/s) or greater.” W101.5 Revisions to section 1609.3. Section 1609.3 is amended to read as follows: “1609.3 Basic wind speed and topographic and directionality factors. The basic wind speed, in mph, for the determination of the wind loads shall be determined by Figure 1609. Special wind regions near mountainous terrain and valleys are accounted within the Topographic Factor defined in Section 1609.3.3. Wind speeds derived from simulation techniques shall only be used in lieu of the basic wind speeds given in Figure 1609 when, (1) approved simulation or extreme-value statistical- analysis procedures are used (the use of regional wind speed data obtained from anemometers is not permitted to define the hurricane wind speed risk in Hawai‘i) and (2) the design wind speeds resulting from the study shall not be less than the resulting 700-year return period wind sp SUPP. 9 (1-2021) 5A-51 § 5A-3-25 H AWAI‘I C OUNTY C ODE W101.6 Addition of section 1609.3.2. Section 1609.3.2 is added to read as follows: “1609.3.2 Effective basic wind speed conversion. For Section 2308.10.1, the provisions of ASCE Section 6.4, and the exceptions permitted under Section 16099.1.1, the basic wind speed value used for determination of the wind loads, shall be the Effective , determined by Figure 1609.1.1.1, which Basic Wind Speed, V eff adjusts the basic wind speed for special topographic wind regions.” SUPP. 9 (1-2021) 5A-52 B UILDING C ODE § 5A-3-25 W101.7 Addition of effective wind speed contour maps. Figure 1609.1.1.1(a) is added as follows: Figure 1609.1.1.1(a) , for Components County of Hawai‘i Effective Basic Wind Speed, V eff and Cladding for Buildings less than 100 ft. tall SUPP. 9 (1-2021) 5A-53 § 5A-3-25 H AWAI‘I C OUNTY C ODE W101.8 Addition of section 1609.3.3. Section 1609.3.3 is added to read as follows: “1609.3.3 Topographic effects. Wind speed-up effects caused by topography shall be included in the calculation of wind loads by using the factor K, where K is given in Figure 1609.3.3(a). ztzt Exception: Site-specific probabilistic analysis of directional K zt based on wind-tunnel testing of topographic speed-up shall be permitted to be submitted for approval by the Building Official.” SUPP. 9 (1-2021) 5A-54 B UILDING C ODE § 5A-3-25 Figure 1609.3.3(a) County of Hawai‘i Peak Gust Topographic Factor K zt SUPP. 9 (1-2021) 5A-55 § 5A-3-25 H AWAI‘I C OUNTY C ODE W101.9 Directionality factor. Section 1609.3.4 is added to read as follows: “1609.3.4 Directionality factor. The wind directionality factor, K, shall be determined from Tables 1609.3.4(a) and 1609.3.4(b). d TABLE 1609.3.4(a)(1) K VALUES FOR MAIN WIND FORCE RESISTING SYSTEMS d a,b SITED IN HAWAI‘I COUNTY Main Wind Force Resisting Systems with totally Main Wind Force independent Resisting Systems systems in each Biaxially orthogonal Symmetric and Topographic direction Axisymmetric Location on the Mean Mean Mean Mean Structures of any Island of Hawai‘i Roof Roof Roof Roof Height and Arched Roof Structures Height Height Height Height less greater less greater than or than 100 than or than 100 equal to ft. equal to ft. 100 ft. 100 ft. Sites in North Kohala, South Kohala, South Kona, South Hilo, 0.65 0.70 0.70 0.75 0.85 and Puna Districts at an elevation not greater than 3000ft. All other sites0.700.800.750.800.95 a. The values of K for other non-building structures indicated in ASCE-7 Table 6-4 shall d be permitted. based on wind-tunnel testing of topography and b. Site-specific probabilistic analysis of K d peak gust velocity profile shall be permitted to be submitted for approval by the Building Official, but K shall have a value not less than 0.65. d SUPP. 9 (1-2021) 5A-56 B UILDING C ODE § 5A-3-25 TABLE 1609.3.4(b)(1) K VALUES FOR COMPONENTS AND CLADDING d a,b OF BUILDINGS SITED IN HAWAI‘I COUNTY Components and Cladding Mean Roof Mean Roof Occupancy Topographic Location on Height less Height Category IV the Island of Hawai‘i than or equal greater Buildings and to 100 ft.than 100 ft.Structures Sites in North Kohala, South Kohala, South Kona, South Hilo, and Puna 0.65 0.70 0.75 Districts at an elevation not greater than 3000 ft. All other sites0.75 0.80 0.85 a. The values of K for other non-building structures indicated in ASCE-7 Table 6-4 shall d be permitted. b. Site-specific probabilistic analysis of K based on wind-tunnel testing of topography and d peak gust velocity profile shall be permitted to be submitted for approval by the Building Official, but in any case subject to a minimum value of 0.65.” W101.10 Addition of exposure category maps. Section 1609.4.4 is added to read as follows: “1609.4.4 Exposure category maps. Exposure categories are permitted to be determined using Figure 1609.4.4(a). SUPP. 9 (1-2021) 5A-57 § 5A-3-25 H AWAI‘I C OUNTY C ODE Figure 1609.4.4(a) Exposure Category Zones for Hawai‘i County SUPP. 9 (1-2021) 5A-58 B UILDING C ODE § 5A-3-25 W102 Revisions to chapter 23. When Appendix W is adopted, wood construction shall be in accordance with Chapter 23 as amended by Sections W102.1 and W102.2. W102.1 Revisions to section 2308.2.1. Section 2308.2.1 is amended to read as follows: “2308.2.1 Basicwind speed greater than 100 mph. Where the Effective Basic Wind Speed exceeds 100 mph, the provisions of the AF&PA WFCM, or the SBCCI SSTD 10 are permitted to be used.” W102.2 Revisions to table 2308.10.1. Table 2308.10.1 is amended to read: TABLE 2308.10.1 REQUIRED RATING OF APPROVED UPLIFT CONNECTORS a,b,c,d,e,f,g,h,i (pounds) Effective Basic Wind Roof Span (feet) Overhangs d Speed (pounds/ft) V eff, 3-sec gust 12 2024 28 32 36 40 85 -72 -120 -144-168-192 -216 -240-38.55 90 -91 -152 -182-213-243 -274 -304-43.22 100-131-218 -262-305-349 -392 -436-53.36 110-175-292 -350-409-467 -526 -584-64.56 120-240-400 -480-560-640 -720 -800-76.83 130-304-506 -607-708-810 -911 -1012 -90.17 For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 1.61 km/hr, 1 pound = 0.454 Kg, 1 pound/foot = 14.5939 N/m. a. The uplift connection requirements are based on a 30-foot mean roof height located in Exposure B. For Exposure C and for other mean roof heights, multiply the above loads by the adjustment coefficients below. EXPOSURE Mean Roof Height (feet) 15 20 25 3035 40 45 5055 60 B1.001.00 1.00 1.001.05 1.09 1.12 1.161.19 1.22 C1.211.29 1.35 1.401.45 1.49 1.53 1.561.59 1.62 For SI: 1 inch – 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 1.61 km/hr, 1 pound = 0.454 Kg, 1 pound/foot = 14.5939 N/m. b. The uplift connection requirements are based on the framing being spaced 24 inches on center. Multiply by 0.67 for framing spaced 16 inches on center and multiply by 0.5 for framing spaced 12 inches on center. c. The uplift connection requirements include an allowance for 10 pounds of dead load. SUPP. 9 (1-2021) 5A-59 § 5A-3-25 H AWAI‘I C OUNTY C ODE d.The uplift connection requirements do not account for the effects of overhangs. The magnitude of the above loads shall be increased by adding the overhang loads found in the table. The overhang loads are also based on framing spaced 24 inches on center. The overhang loads given shall be multiplied by the overhang projection and added to the roof uplift value in the table. e. The uplift connection requirements are based upon wind loading on end zones as defined in Figure 6-2 of ASCE 7. Connection loads for connections located a distance of 20 percent of the least horizontal dimensions of the building from the corner of the building are permitted to be reduced by multiplying the table connection value by 0.7 and multiplying the overhang load by 0.8. f. For wall-to-wall and wall-to-foundation connections, the capacity of the uplift connector is permitted to be reduced by 100 pounds for each full wall above. (For example, if a 500- pound rated connector is used on the roof framing, a 400-pound rated connector is permitted at the next floor level down.) g. Interpolation is permitted for intermediate values of basic wind speeds and roof spans. h. The rated capacity of approved tie-down devices is permitted to include up to a 60-percent increase for wind effects where allowed by material specifications. V is given by Figure 1609.1.1.1.” i. eff (2020, ord 20-61, sec 3.) 5A-3-25 Section 5A-3-26. Appendix X; Indigenous Hawaiian Architecture Structures. Appendix X is added to read as follows: “APPENDIX X INDIGENOUS HAWAIIAN ARCHITECTURE STRUCTURES SECTION X101 GENERAL X101.1 Scope. The provisions of this appendix shall apply exclusively to Indigenous Hawaiian Architecture Structures. The purpose of these provisions is to acknowledge and establish procedures for designing and constructing indigenous Hawaiian architecture structures. X101.2 Publications incorporated by reference. The following publications are incorporated by reference and made a part of these provisions. Where there is a conflict between Appendix X and the referenced documents, Appendix X shall prevail. (1) “Hawaiian Thatched House” (1971), by Russell A. Apple, published by the United States Department of the Interior, (2) “Hale Construction Standards” (2000), by Francis Sinenci and Bill Sides, (3) “The Hawaiian Grass House in Bishop Museum” (1988), by Catherine C. Summers, and SUPP. 9 (1-2021) 5A-60 B UILDING C ODE § 5A-3-26 (4) “Arts and Crafts of Hawaii, Section II, Houses” (1957) by Te Rangi Hiroa (Peter H. Buck) X101.3 Definitions. For purposes of this appendix, the following words and terms shall have the meanings shown herein. Refer to Chapter 2 for general definitions. “CERTIFIED HALE BUILDER. Means a person who has obtained a certificate of completion for satisfactorily completing a course in Hawaiian hale construction from the University of Hawai‘i, or any of its community colleges, or as approved by the Building Official.” “GROUP OF STRUCTURES. A group of indigenous Hawaiian architecture structures that are in close proximity to each other and have an aggregate floor area of 1,800 square feet or less.” “INDIGENOUS HAWAIIAN ARCHITECTURE STRUCTURE or HALE. A structure that is consistent with the design, construction methods and uses of structures built by Hawaiians in the 1800’s, which uses natural materials found in the Hawaiian islands, and complies with this appendix and references.” “SEPARATION. The clear distance between two structures.” “SETBACK. The clear distance between a structure and a property line.” SECTION X201 MATERIAL REQUIREMENTS X201.1 Hale materials. Hale shall be constructed using only materials grown and harvested in the State of Hawai‘i. X201.2 Wood framing material. The wood members for the hale, such as posts and rafters, shall be, but not limited to hardwoods of unmilled, straight sections of trunks or branches of the following species: (1) Casaurina equisitafolia (ironwood). (2) Prosopis-allid (kiawe). (3) Eucalyptus robusta (eucalyptus). (4) Psidium cattleianum (strawberry guava). (5) Metrosideros polymorpha (ohia). (6) Rizophora mangle (mangrove). SUPP. 9 (1-2021) 5A-61 § 5A-3-26 H AWAI‘I C OUNTY C ODE Exception: Ardisia elliptica (inkberry) may be used only for roof purlins as an alternative to specified woods listed in Items 1 through 6. X201.3 Roofing and siding. Thatched roofing and siding materials for the hale may be any grass or leaf material grown and harvested in the State of Hawai‘i, to include but not be limited to pili, kualohia, pueo, kawelu, sugar-cane leaves, and ti leaves. X201.4 Cord. Natural or synthetic cord used for lashing structural members of the hale shall be 400 pound test. Cord used for tying floating purlins and thatched materials shall be 100 pound test. All cord used on the hale shall be shades of green, tan, brown or black. X201.5 Metal prohibited. Metal shall not be used for the construction of the hale. SECTION X202 SIZE AND LOCATION X202.1 Height and size limitation. Hale shall be one-story, detached structure(s) not to exceed 1,800 square feet. Hale shall not exceed the size indicated in Table X202.1. TABLE X202.1 MAXIMUM SIZE OF HALE (FEET) Hale Halawai Hale Ku‘aiHale Noa Hale Wa‘a 30 X 60 14 X 20 14 X 24 30 X 60 X202.2 Zoning requirements. Hale shall comply with minimum yard requirements in Chapter 25, Zoning Code, Hawai‘i County Code. X202.3 Minimum separation. The minimum separation between a hale and another structure shall be at least 10 feet for a one-story structure; 15 feet for a two-story structure; or a distance equal to the height of the hale, whichever is more. The minimum separation between two hale shall be at least 10 feet or a distance equal to the height of the taller hale. X202.4 Hale Noa. Hale noa structures may only be constructed on property where a separate residence exists on the property. SUPP. 9 (1-2021) 5A-62 B UILDING C ODE § 5A-3-26 SECTION X203 ALLOWABLE AND PROHIBITED USES X203.1 Allowable uses. To the extent permitted by other applicable law, allowable uses for hale structures shall be in accordance with Table X203.1. TABLE X203.1 ALLOWABLE USE FOR EACH HALE TYPE Hale Hale Ku‘ai Hale Noa Hale Wa‘a Use Halawai Eating (ai) Allowed Allowed Not permitted Allowed Assembling Allowed Allowed Not permitted Allowed (halawai) Sleeping Not Not Not Allowed (moe) permittedpermitted permitted Retailing (e.g., fruits) Allowed Allowed Not permitted Allowed (ku‘ai) Storage Not Allowed Not permitted Allowed (papa‘a) permitted X203.2 Prohibited uses and activities. The following uses and activities shall be prohibited from occurring within or near the hale: (1) Cooking. (2) Open flames. (3) Generators. (4) Extension cords. (5) Electrical switches, fixtures, or outlets. (6) Plumbing faucets, fixtures, or drains. (7) Power tools. (8) No screen, mesh, plastic or any other similar material shall be attached to the hale. (9) Hale shall not be used as a food establishment as defined in the administrative rules adopted by the State of Hawai‘i, Department of Health. X203.3 Maintenance. The hale shall be maintained by the owner to ensure structural integrity. Repairs for maintenance of the hale shall not require additional building permits. SUPP. 9 (1-2021) 5A-63 § 5A-3-26 H AWAI‘I C OUNTY C ODE SECTION X301 FIRE PROTECTION X301.1 Fire protection classifications. Fire protection for Indigenous Hawaiian architecture structures shall be as required in Table X301.1. TABLE X301.1 FIRE PROTECTION REQUIREMENTS BASED ON SETBACK FIRE PROTECTION CLASS SETBACK REQUIREMENTS REQUIREMENTS The structure (or a group of structures) is: 1. Located at least 100 feet from any existing structure on the same or neighboring properties; and 2. Located at least 100 feet from any property line, except as follows: a. If the property line abuts a public way, the 100 feet minimum setback for that property line shall be reduced by the width of the No fire protection is public way, A required for the b. If the property line abuts the shoreline, the structure. minimum setback for that property line shall be the shoreline setback, or c. For any Hale Ku‘ai in the agricultural district that is less than 200 square feet, that is completely open on three sides, and that is used as an agricultural products stand and if the property line abuts a public way, the minimum setback for that property line shall be 15 feet. Automatic fire sprinkler system shall be installed in The structure (or a group of structures) that accordance with conforms to applicable zoning setback B design standards in requirements but does not satisfy Class A setback Section X301.2. An requirements. electrical permit is required for fire sprinklers systems. SUPP. 9 (1-2021) 5A-64 B UILDING C ODE § 5A-3-26 X301.2 Automatic fire sprinklers. The design standards for automatic fire sprinklers for Class B indigenous Hawaiian architecture structures shall be in accordance with NFPA 13. Exception: The design standards for automatic fire sprinklers for Class B indigenous Hawaiian architecture structures shall be permitted as follows: (1) 18 gallons per minute for a single head at 140 square feet maximum coverage of roof area. (2) 13 gallons per minute for each subsequent head at 140 square feet maximum coverage of roof area per head. (3) The minimum supply pressure at the base of the riser shall not be less than 40 pounds per square inch. (4) The minimum residual pressure at the highest sprinkler shall be not less than 12 pounds per square inch. (5) Sprinkler head spacing shall not exceed 14 feet. (6) Sprinkler heads shall be open type upright, pendent, or sidewall with 1/2-inch or 17/32-inch orifice and have a wax corrosion resistant coating. (7) The total number of sprinklers on a branch shall not exceed 6 heads. (8) The total number of sprinklers shall not exceed the quantity shown in the following table: Piping Size Number of Sprinklers 1 inch diameter 2 sprinklers 1-1/4 inch diameter 3 sprinklers 1-1/2 inch diameter 5 sprinklers 2 inch diameter 10 sprinklers 2-1/2 inch diameter 30 sprinklers 3 inch diameter 60 sprinklers (9) The above pipe schedule shall not apply to hydraulically designed systems. (10) The water density shall not be less than 0.10 gpm per square foot. (11) The source of water may be by domestic water meters, detector check meter, underground well, storage tank, swimming pool, ponds, etc., but must meet the design requirements for adequate pressure and duration. SUPP. 9 (1-2021) 5A-65 § 5A-3-26 H AWAI‘I C OUNTY C ODE (12) Water supply shall be sufficient to provide 30 minutes duration. (13) If domestic water meters are used as the source of water for the fire sprinklers, without a storage tank and booster pump, the maximum number of heads shall not exceed the following table: Size of Water Meter Number of Sprinklers 5/8 inch water meter 1 sprinkler 3/4inch water meter2 sprinklers 1 inch water meter 3 sprinklers 1-1/2 inch water meter 7 sprinklers 2 inch water meter 11 sprinklers 3 inch water meter 27 sprinklers (14) The piping material shall be hard drawn copper with silver solder or brazed fittings, or carbon steel with corrosion- resistant coatings. Plastic pipes shall not be allowed, except for below grade supply pipes. (15) Fire sprinkler system shall be actuated by smoke detectors located at the highest points of the roof and spaced as recommended by the manufacturer. (16) Flow control valves shall be either hydraulically or electrically operated with a manual override switch. (17) Where the width of a roof exceeds the width allowed for one row of sprinklers, two or more rows of sprinklers shall be placed such that the entire roof area is protected. (18) Prevailing wind direction shall be considered in the placement of sprinklers. (19) Deflectors for sprinklers shall be parallel with the roof surface or tilted slightly towards the peak of the roof. (20) Fire sprinklers system shall have a local alarm activated by a smoke detector. X301.3 Certification of water supply. For any hale that requires fire protection pursuant to X301.1, the applicant shall provide a certification from a licensed engineer or a licensed C-20 contractor that the water supply for the fire sprinkler system has been tested and is capable of delivering the required fire flow for 30 minutes duration. SUPP. 9 (1-2021) 5A-66 B UILDING C ODE § 5A-3-26 X302 Smoke alarm. Any hale used for sleeping shall have an approved battery operated smoke alarm installed in the hale. SECTION X401 DESIGN STANDARDS X401.1 General design standards. All types of hale shall be designed and constructed in accordance with the standards set out in this section. (1) The minimum diameter size of all structural members shall be measured at the member’s midpoint, except that the minimum diameter size of posts shall be measured at the smaller end. For structure sizes not specifically shown in the tables, the requirements in the next larger width size shall be applicable. (2) The specifications for structural members were estimated based on no wind loads. Hale shall be constructed to allow all thatching materials to separate from the structure prior to adding significant loads. (3) The mix formula for mortar specified in these rules shall be one part portland cement, four parts clean sand, and sufficient fresh water to make the mixture workable. (4) Every hale, except Hale Noa, shall have at least two sides completely open. (5) Lashing and thatching methods shall comply with illustrations found in “Arts and Crafts of Hawai‘i” or “The Hawaiian Grass House in Bishop Museum.” X402 Allowable designs. Hale shall be designed and constructed in accordance with the requirements in Sections 402.1 through 402.4. SUPP. 9 (1-2021) 5A-67 § 5A-3-26 H AWAI‘I C OUNTY C ODE X402.1 Hale Halawai. Each end of the Hale Halawai may be open or thatched. The ends may also be constructed with a thatched roof hip as an alternate design. Hale Halawai shall be designed in accordance with the following schematics and illustrations. Structural components for Hale Halawai shall meet the size and spacing requirements in Table X402.1(a). Foundations for Hale Halawai shall be designed in accordance with Table X402.1(b). HALE HALAWAI Open End Style HALE HALAWAI Thatched End Style SUPP. 9 (1-2021) 5A-68 B UILDING C ODE§ 5A-3-26 FRAMING SCHEMATIC TABLE X402.1(a) SIZE AND SPACING REQUIREMENTS FOR STRUCTURAL COMPONENTS USED IN HALE HALAWAI Pou KukunaKuaiole Pou Pou Maximum Maximum Size &PouomanuO‘a&KauhuhuLohelau KihiHana post rafter Pou KahaHolo W x L x spacingspacing H (feet)(feet) Minimum Diameter (inches) 12' x 43½443½2½3353 20' x 7' 14' x 444½4½3½2½33½53 24' x 7' 24' x 54½4½4½42½33½53 30' x 7' 25' x 5½55½5½42½33½53 50' x 7' 30' x 65½664½2½3453 60' x 7' SUPP. 9 (1-2021) 5A-69 § 5A-3-26H AWAI‘I C OUNTY C ODE SUPP. 9 (1-2021) 5A-70 B UILDING C ODE § 5A-3-26 TABLE X402.1(b) FOUNDATION DESIGN FOR HALE HALAWAI Foundation Type Size Kahua Pa Pohaku Pou Kanu (W x L x H) Diameter x Width x Height x Diameter x Height Length Depth 12' x 20' x 7' 2'6"W x 2'8"H x 4'0"L 14' x 24' x 7' 2'6"W x 2'8"H x 4'0"L 24' x 30' x 7' 3'0"W x 3'0"H x 4'0"L 25' x 50' x 7' 3'0"W x 3'0"H x 4'0"L 30' x 60' x 7' 3'0"W x 3'3"H x 4'0"L SUPP. 9 (1-2021) 5A-71 § 5A-3-26H AWAI‘I C OUNTY C ODE X402.2 Hale Ku‘ai. Hale Ku‘ai shall be designed in accordance with the following schematics and illustrations. Structural components for Hale Ku‘ai shall meet the size and spacing requirements in Table X402.2(a). Foundations for Hale Ku‘ai shall be designed in accordance with Table X402.2(b). HALE KU‘AI SHED STYLE HALE KU‘AI GABLE STYLE SUPP. 9 (1-2021) 5A-72 B UILDING C ODE§ 5A-3-26 FRAMING SCHEMATIC 1 FRAMING SCHEMATIC 2 TABLE X402.2(a) SIZE AND SPACING REQUIREMENTS FOR STRUCTURAL COMPONENTS USED IN HALE KU‘AI Maximum Pou Pou Pou Pouo Kuaiole Size rafter aabb KihiKahaHanaManu O‘a&KauhuhuLohelau (W x L x H)spacing Holo (feet) Minimum Diameter (inches) 5' x 10' x 5'433432324 9' x 12' x 5'4334323½24 12' x 16' x 5'4½3½443½242½4 14' x 20' x 5'4½3½443½2½4½2½4 a.The maximum post spacing for pou kihi and pou kaha is five feet. b.Themaximum post spacing for pou hana and pouomanu is twelve feet. SUPP. 9 (1-2021) 5A-73 § 5A-3-26H AWAI‘I C OUNTY C ODE TABLE X402.2(b) FOUNDATION DESIGN FOR HALE KU‘AI Foundation Type Size KahuaPa PohakuPou Kanu (W x L x H) Diameter x Width x Height x Diameter x HeightLengthDepth 5' x 10' x 5'2'6"W x 2'0"H x 4'0"L 9' x 12' x 5'2'6"W x 2'0"H x 4'0"L 12' x 16' x 5'2'6"W x 2'8"H x 4'0"L 14' x 20' x 5'2'6"W x 2'8"H x 4'0"L SUPP. 9 (1-2021) 5A-74 B UILDING C ODE§ 5A-3-26 402.3 Hale Noa. Hale Noa shall have at least two openings. One opening shall be at least 3 feet wide and 5 feet high, and the other opening shall be at least 2 feet wide and 3 feet high. Hale Noa shall be designed in accordance with the following schematics and illustrations. Structural components for Hale Noa shall meet the size and spacing requirements in Table X402.3(a). Foundations for Hale Noa shall be designed in accordance with Table X402.3(b). HALE NOA SUPP. 9 (1-2021) 5A-75 § 5A-3-26H AWAI‘I C OUNTY C ODE FRAMING SCHEMATIC TABLE X402.3(a) SIZE AND SPACING REQUIREMENTS FOR STRUCTURAL COMPONENTS USED IN HALE NOA Pou Kukuna Kuaiole Pou Pou Maximum Maximum &PouomanuO‘a&KauhuhuLohelau Size KihiHana post rafter Pou Holo W x L x Hspacingspacing Kaha (feet)(feet) Minimum Diameter (inches) 9' x 12' x 7'3½34332½3½2½64 12' x 20' x 7'44½433½2½3½2½64 4' x 24' x 7'5½4½433½2½3½364 SUPP. 9 (1-2021) 5A-76 B UILDING C ODE§ 5A-3-26 402.4 Hale Wa‘a. Hale Wa‘a shall be designed in accordance with the following schematics and illustrations. Structural components for Hale Wa‘a shall meet the size and spacing requirements in Table X402.4. HALE WA‘A SUPP. 9 (1-2021) 5A-77 § 5A-3-26H AWAI‘I C OUNTY C ODE FRAMING SCHEMATIC TABLE X402.4 SIZE AND SPACING REQUIREMENTS FOR STRUCTURAL COMPONENTS USED IN HALE WA‘A Spacing Minimum Kuaiole Size O‘aKauhuhu & between ridge (W x L) Holo RaftersHeight (H) 20' x 60'4"3"4"4' to 5'22½' 25' x 60'5"3"4"4' to 5'27½' 30' X 60'5½" 3"4"4' to 5'27½' SUPP. 9 (1-2021) 5A-78 B UILDING C ODE§ 5A-3-26 (2020, ord 20-61, sec 3.) 5A-3-26 Section 5A-3-27.Repealed. (2020, ord 20-61, sec 3; rep 2021, ord 21-61, sec 19.) 5A-3-27 SUPP. 11 (1-2022) 5A-79 § 5A-4-1 H AWAI‘I C OUNTY C ODE Article 4. Building Work Within Special Flood Hazard Areas. Section 5A-4-1. General applicability. (a) The provisions of this article shall apply to new construction or the renovation and major alteration, addition, or reinstallation of any existing buildings or structures, within a special flood hazard area as identified by chapter 27, Hawai‘i County Code. All construction work shall comply with chapter 16 of the International Building Code, and chapter 27, Floodplain Management. (b) The provisions of this article shall not apply to the following: (1) Any building or structure exempted from chapter 27; (2) Any building or structure which has been granted a flood control variance pursuant to article 5, chapter 27; or (3) Any building or structure lawfully existing prior to November 8, 1993, subject to the provisions of chapter 27. (2020, ord 20-61, sec 3.) 5A-4-1 Section 5A-4-2. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Base flood elevation” means the water surface elevation of the base flood. “Flood or flooding” means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation or runoff of surface waters from any source; or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition. “Special flood hazard area” means an area having special flood or flood-related erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V. “Water-tight” when referring to construction below the inundation level, means constructed to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of inundation. (2020, ord 20-61, sec 3.) 5A-4-2 SUPP. 11 (1-2022) 5A-80 B UILDING C ODE § 5A-4-3 Section 5A-4-3. General requirements. Contractor will provide a certified flood zone elevation mark on jobsite for flood zone elevation reference point. (2020, ord 20-61, sec 3.) 5A-4-3 SUPP. 11 (1-2022) 5A-81 This page intentionally left blank. CHAPTER 5B RESIDENTIAL BUILDING CODE* * Editor’s Note: Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. Article 1. General Provisions. Section 5B-1-1. Title. Section 5B-1-2. Purpose. Section 5B-1-3. Scope; exceptions. Section 5B-1-4. Administrative provisions. Section 5B-1-5. Existing buildings. Section 5B-1-6. Definitions. Section 5B-1-7. Compliance required. Section 5B-1-8. Conflict. Section 5B-1-9. References to model codes. Article 2. Installation Requirements. Section 5B-2-1. International residential code adopted. Article 3. Adoption, Amendment, and Addition of Appendices. Division 1. Appendices of International Residential Code Adopted. Section 5B-3-1. Appendices not applicable. Section 5B-3-2. Appendices of the International Residential Code adopted. Section 5B-3-3. Appendix Q; Tiny Houses. Division 2. Appendix Added to the International Residential Code. Section 5B-3-21. Reserved. Section 5B-3-22. Appendix U; Factory-built Housing. Article 4. Building Work Within Special Flood Hazard Areas. Section 5B-4-1. General applicability. Section 5B-4-2. Definitions. Section 5B-4-3. General Requirements. SUPP. 11 (1-2022) i This page intentionally left blank. R ESIDENTIAL B UILDING C ODE §5B-1-1 CHAPTER 5B RESIDENTIAL BUILDING CODE* * Editor’s Note: Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. Article 1. General Provisions. Section 5B-1-1. Title. This chapter shall be known as the “residential building code.” (2021, ord 21-61, sec 1.) 5B-1-1 Section 5B-1-2. Purpose. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all residential buildings and structures within the County and certain equipment specifically regulated herein. (2021, ord 21-61, sec 1.) 5B-1-2 Section 5B-1-3. Scope; exceptions. This chapter shall apply to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with this code where provided with a residential fire sprinkler system complying with, chapter 26, the Hawai‘i County fire code: 1. Live/work units located in townhouses and complying with the requirements of Section 419, “Live/Work Units” of the International Building Code as adopted by chapter 5A, the building code. 2. Owner-occupied lodging houses with five or fewer guestrooms. 3. A care facility with five or fewer persons receiving custodial care within a dwelling unit. 4. A care facility with five or fewer persons receiving medical care within a dwelling unit. 5. A care facility for five or fewer persons receiving care that are within a single- family dwelling. (2021, ord 21-61, sec 1.) 5B-1-3 SUPP. 11 (1-2022) 5B-1 § 5B-1-4 H AWAI‘I C OUNTY C ODE Section 5B-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. (2021, ord 21-61, sec 1.) 5B-1-4 Section 5B-1-5. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of this chapter may have their existing permitted use or occupancy continued if such use or occupancy was legal at the time of the adoption of this chapter, provided such continued use does not constitute a hazard to the general safety and welfare of the occupants and the public. (b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and change of occupancy to a building or structure in existence at the time of the adoption of this chapter shall comply with the requirements of the existing building code, chapter 5C, Hawai‘i County Code. (2021, ord 21-61, sec 1.) 5B-1-5 Section 5B-1-6. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: 2 “Accessory structure” means a structure not greater than 3,000 square feet (279 m) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. “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. “Chapter” means this chapter. “This code” means the residential building code, contained in chapter 5B, or the construction administrative code, contained in chapter 5, or both, as the context requires. SUPP. 11 (1-2022) 5B-2 R ESIDENTIAL B UILDING C ODE §5B-1-6 “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. “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. “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. “ICC” means the International Code Council. “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. (2021, ord 21-61, sec 1.) 5B-1-6 Section 5B-1-7. Compliance required. (a) No person shall perform or cause to be performed any building work which does not comply with the provisions of this code or any permit issued pursuant to this code. (b) No person shall perform any work covered by this code in violation of the provisions of chapters 444 or 448E, Hawai‘i Revised Statutes. (c) Any approval or permit issued pursuant to the provisions of this code shall comply with all applicable requirements of this code. (d) The granting of a permit, variance, or approval of plans or specifications pursuant to this code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2021, ord 21-61, sec 1.) 5B-1-7 SUPP. 11 (1-2022) 5B-3 § 5B-1-8 H AWAI‘I C OUNTY C ODE Section 5B-1-8. Conflict. (a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i State Residential Code or the International Residential Code, 2018 Edition, that have been incorporated by reference, the provisions of this code shall prevail as to all matters and questions arising out of the subject matter of such provisions. (b) In situations where two or more provisions of this code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2021, ord 21-61, sec 1.) 5B-1-8 Section 5B-1-9. References to model codes. (a) The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in section 5B-1-8. (b) Wherever a model code is referenced in this code, the following shall apply: (1) The International Building Code shall mean the building code, chapter 5A, Hawai‘i County Code; (2) The International Residential Code, shall mean the residential building code, chapter 5B, Hawai‘i County Code; (3) The International Existing Building Code, shall mean the existing building code, chapter 5C, Hawai‘i County Code; (4) The International Electrical Code shall mean the electrical code, chapter 5D, Hawai‘i County Code; (5) The International Energy Conservation Code, shall mean the energy conservation code, chapter 5E, Hawai‘i County Code; (6) The International Plumbing Code shall mean the plumbing code, chapter 5F, Hawai‘i County Code; (7) The International Fuel Gas Code, the provisions of the International Fuel Gas Code shall be deemed to be only guidelines and not mandatory; (8) The International Mechanical Code, the provisions of the International Mechanical Code shall be deemed to be only guidelines and not mandatory; (9) The International Property Maintenance Code, the provisions of the International Property Maintenance Code shall be deemed to be only guidelines and not mandatory; and (10) The International Fire Code shall mean the fire code, chapter 26, Hawai‘i County Code. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment of appliance, the condition of the listing shall govern. (2021, ord 21-61, sec 1.) 5B-1-9 SUPP. 11 (1-2022) 5B-4 R ESIDENTIAL B UILDING C ODE §5B-2-1 Article 2. Installation Requirements. Section 5B-2-1. International residential code adopted. (a) The “International Residential Code for One- and Two-family Dwellings, 2018 Edition,” as published in 2017 by the International Code Council, Incorporated, 500 New Jersey Avenue, 6th Floor, Washington, DC 20001, is adopted by reference and made a part of this code, subject to any amendments set forth in this chapter. Hereinafter, the “International Residential Code for One- and Two-family Dwellings, 2018 Edition,” shall be referred to as the “International Residential Code.” The appendices of the International Residential Code are not adopted unless otherwise provided in this chapter. (1) The following appendices of the International Residential Code are adopted by reference and made a part of this code, subject to any amendments set forth in this chapter: (A) Appendix H, Patio Covers; (B) Appendix M, Home Day Care – R-3 Occupancy; and (C) Appendix Q, Tiny Houses. (2) The following appendix is added to the International Residential Code and made a part of this code, subject to any amendments set forth in this chapter: Appendix U, Factory-built Housing. (b) The scope, technical specifications, and exemptions set forth in the International Residential Code are hereby adopted as the standard for building work covered by this code, provided there are no specific provisions in any other section of this code covering the particular matter. (c) A copy of the International Residential Code shall be available for public inspection at the Hilo and Kailua-Kona offices of the department of public works and at the office of the County clerk. (d) The International Residential Code adopted and incorporated by reference into this code, shall be subject to the amendments hereinafter set forth. (1) Chapter 1, “Scope and Administration,” of the International Residential Code is deleted in its entirety. (2) Chapter 1, Part 2 – “Administration and Enforcement” of the International Residential Code is deleted in its entirety. (3) Section R202, “Definitions,” of the International Residential Code is amended by adding the following definitions: “AUTHORITY HAVING JURISDICTION means the director of the department of public works, or the director’s authorized representative.” “BUILDING, ENCLOSED is a building that does not comply with the requirements for open or partially enclosed building.” SUPP. 11 (1-2022) 5B-5 § 5B-2-1 H AWAI‘I C OUNTY C ODE “BUILDING, OPEN is a building having each wall at least 80 percent open. Ao >= Ag where: 1. Ao = total area of openings in a wall that receives positive 22 external pressure, in ft (m); and 2. Ag = the gross area of that wall in which Ao is identified, in 22 ft (m).” “BUILDING, PARTIALLY ENCLOSED is a building that complies with both of the following conditions: 1. The total area of openings in a wall that receives positive external pressure exceeds that sum of the areas of openings in the balance of the building envelope (walls and roof) by more than 10 percent; and 2. The total area of openings in a wall that receives positive external pressure exceeds 4 ft² (0.37 m²) or 1 percent of the area of that wall, whichever is smaller, and the percentage of openings in the balance of the building envelope does not exceed 20 percent. These conditions are expressed by the following equations: 1. Ao > 1.1 Aoi 2. Ao > 4 ft² (0.37 m²) or > 0.01 Ag, whichever is smaller, and Where: Ao, Aq are defined for open building. Aoi = the sum of the areas of openings in the building envelope (walls and roof) not including Ao, in ft² (m²). Agi = the sum of the gross surface areas of the building envelope (walls and roof) not including Ag, in ft² (m²).” “CARPORT is a private garage which is at least 100 percent open on one side and with 50 percent net openings on another side or which is provided with an equivalent of such openings on two or more sides. A private garage which is 100 percent open on one side and 25 percent open on another side with the latter opening so located to provide adequate cross ventilation may be considered a carport when approved by the building official. Carports not open on two or more sides shall be considered to be a garage.” “FAMILY shall be as defined in the Zoning Code except that a nursing, care home, or other similar facility with not more than five patients may be considered a family under this code.” “FIRE CODE. The State Fire Code as adopted by the State Fire Council.” SUPP. 11 (1-2022) 5B-6 R ESIDENTIAL B UILDING C ODE §5B-2-1 “PRIVATE GARAGE or GARAGE. A building or portion of a building in which motor vehicles used by the tenants of the building or buildings on the premises are stored or kept, without provisions for repairing or servicing such vehicles for profit.” “SLEEPING UNIT. A single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.” (4) Section R202, “Definitions,” of the International Residential Code is amended by amending the following definitions to read as follows: “BUILDING. 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 the following chapters of the Hawai‘i County 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; are incorporated by reference herein.” “BUILDING OFFICIAL. The director of the County department of public works or the director’s authorized representative.” (5) Subsection R301.1.1, “Alternative provisions,” of the International Residential Code is amended to read as follows: “R301.1.1 Alternative provisions. As an alternative to the requirements in Section R301.1, the following standards are permitted subject to the limitations of this code and the limitations therein. Where engineered design is used in lieu of or in conjunction with these standards, the design shall comply with the Building Code, Chapter 5A, Hawai‘i County Code. 1. AWC Wood Frame Construction Manual (WFCM) 2018. SUPP. 11 (1-2022) 5B-7 § 5B-2-1 H AWAI‘I C OUNTY C ODE 2. AISI Standard for Cold-Formed Steel Framing—Prescriptive Method for One- and Two-Family Dwellings (AISI S230 - 2015). 3. ICC Standard for Residential Construction in High-Wind Regions (ICC 600-14).” (6) Subsection R301.1.3, “Engineered design,” of the International Residential Code is amended to read as follows: “R301.1.3 Engineered design. When a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practice using the Alternative Provisions listed in R301.1.1. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the Building Code, Chapter 5A, Hawai‘i County Code, is permitted for all buildings and structures, and parts thereof, included in the scope of this code.” (7) Section R301, “Design Criteria,” of the International Residential Code is amended by adding subsection 301.1.4, “Complete load path and uplift ties,” to read as follows: “R301.1.4 Complete load path and uplift ties. Blocking, bridging, straps, approved framing anchors, or mechanical fasteners shall be designed and installed to provide continuous ties from the roof to the foundation system. Sheet metal clamps, ties, or clips, must be formed of galvanized steel or other approved corrosion-resistant material not less than 0.040 inch (1.01 mm) nominal thickness. Uplift resistance shall be in accordance with Table R802.11.” SUPP. 11 (1-2022) 5B-8 R ESIDENTIAL B UILDING C ODE §5B-2-1 (8) Table R301.2(1), “Climatic and Geographic Design Criteria,” of the International Residential Code is deleted in its entirety and replaced with the following: “TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND SEISMIC SUBJECT TO DAMAGE FROM FLOOD SPEED DESIGN HAZARDS Weathering Termite Decay (mph) CATEGORY Per FEMA or Very Moderate Figure D2 or E NegligibleChapter 27 Heavyto severe R301.2(8) HCC” (9) Subsection 301.2.1, “Wind design criteria,” of the International Residential Code is amended to read as follows: “R301.2.1 Wind design criteria. Buildings and portions thereof shall be constructed in accordance with the wind provisions of this , as code provided that the ultimate design wind speed, V ULT determined from Figure R301.2(5)A, is less than 130 mph, unless the building is a single-story with a slab-on-grade foundation and in wind exposure category B, then wind provisions of this code shall be applicable when V is less than 140 mph. The structural provisions ULT of this code for wind loads are not permitted where wind design is , determined from Figure R301.2(5)(A), is equal to required when V ULT or greater than 130 mph, unless the building is a single-story with a slab-on-grade foundation and in wind exposure category B, then structural provisions of this code for wind loads are not permitted where wind design is required when V is equal to or greater than ULT 140 mph. Where different construction methods and structural materials are used for various portions of a building, the applicable requirements of this section for each portion shall apply. Where not otherwise specified, the wind loads listed in Table R301.2(2) adjusted for height and exposure using Table R301.2(3) shall be used to determine design load performance requirements for wall coverings, curtain walls, roof coverings, exterior windows, skylights, garage doors and exterior doors. Asphalt shingles shall be designed for wind speeds in accordance with Section R905.2.4. A continuous load path shall be provided to transmit the applicable uplift forces in Section R802.11.1 from the roof assembly to the foundation. The ultimate design wind speed, V, in the State Residential Code is equal to the ULT basic design wind speed, V, in the Building Code, Chapter 5A, Hawai‘i County Code. SUPP. 16 (7-2024) 5B-9 § 5B-2-1 H AWAI‘I C OUNTY C ODE (10) Subsection R301.2.1.1, “Wind limitations and wind design required,” of the International Residential Code is amended to read as follows: “R301.2.1.1 Wind limitations and wind design required. The wind provisions of this code shall not apply to the design of buildings where wind design is required in accordance with Subsection R301.2.1. Exceptions: 1. For concrete construction, the wind provisions of this code shall apply in accordance with the limitations of Sections R404 and R608. 2. For structural insulated panels, the wind provisions of this code shall apply in accordance with the limitations of Section R610. 3. For cold-formed steel light-frame construction, the wind provisions of this code shall apply in accordance with the limitations of Sections R505, R603 and R804. In regions where wind design is required in accordance with Subsection R301.2.1, the design of buildings for wind loads shall be in accordance with one or more of the following methods: 1. AWC Wood Frame Construction Manual (WFCM) 2018. 2. ICC Standard for Residential Construction in High-Wind Regions (ICC 600-14). 3. AISI Standard for Cold-Formed Steel Framing—Prescriptive Method for One- and Two-Family Dwellings (AISI S230- 2015). 4. The Building Code, Chapter 5A, Hawai‘i County Code. The elements of design not addressed by the methods in Items 1 through 4 shall be in accordance with the provisions of this code. Where wind design is required and design is in accordance with the methods in Items 1 through 3, the building must be provided with opening protection for windborne debris. Options for opening protection or alternatives to opening protection shall be in accordance with the Building Code, Chapter 5A, Hawai‘i County Code.” SUPP. 11 (1-2022) 5B-10 R ESIDENTIAL B UILDING C ODE §5B-2-1 (11) Subsection R301.2.1.2, “Protection of openings” of the International Residential Code is amended to read as follows: “R301.2.1.2 Protection of openings. Exterior glazing in buildings located in windborne debris regions shall be protected from windborne debris. Glazed opening protection for windborne debris shall meet the requirements of the Large Missile Test of ASTM E1996 and ASTM E1886 as modified in Section 301.2.1.2.1. Exceptions: 1. Wood structural panels with a minimum thickness of 7/16 inch (11 mm) and a maximum panel span of 8 feet (2438 mm) are permitted for opening protection in one- and two-story buildings classified as Group R-3 or R-4 occupancy. Panels shall be precut so that they are attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be predrilled as required for the anchorage method and shall be secured with the attachment hardware provided and anchors permanently installed on the building. Attachment in accordance with Table R301.2.1.2 with corrosion-resistant attachment hardware provided and anchors permanently installed on the building is permitted for buildings with a mean roof height of 45 feet (13 728 mm) or less, where the ultimate design wind speed, V is 180 mph ult’ (290 kph) or less. 2. Glazing in accessory structures to the single family dwellings including but not limited to greenhouses and minor storage sheds. 3. Partially enclosed and open occupancy R-3 buildings shall be permitted to be designed without unprotected openings subject to the following requirements. 3.1. For each direction of wind, determination of enclosure classification shall be based on the assumption that all unprotected glazing on windward walls are openings while glazing on the remaining walls and roof are intact and are not assumed to be openings. 3.2. Partially enclosed and open occupancy R-3 buildings without wind-borne debris protection shall also include a residential safe room in accordance with Section 429, Hawai‘i residential safe room, of the Building Code, Chapter 5A, Hawai‘i County Code, or alternatively provide an equivalently sized room structurally protected by construction complying with Section 429.5, of the Building Code, Chapter 5A, Hawai‘i County Code.” SUPP. 11 (1-2022) 5B-11 § 5B-2-1 H AWAI‘I C OUNTY C ODE (12) Table R301.2.1.2, “Windborne debris protection fastening schedule for wood structural panels,” of the International Residential Code is deleted in its entirety and replaced with the following: “TABLE R301.2.1.2 WINDBOURNE DEBRIS PROTECTION FASTENING a,b,c,d SCHEDULE FOR WOOD STRUCTURAL PANELS Fastener Spacing Fastener Type Panel span 4 feet < Panel 6 feet < Panel Span No. 8 Wood screw based 16” 10” 8” anchor with 2-inch embedment length No. 10 Wood screw based 16” 12” 9” anchor with 2-inch embedment length 1/4-inch lag screw based 16” 16” 16” anchor with 2-inch embedment length For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound = 4.448N = 0.454 kg, 1 mile per hour = 0.447 m/s = 1.609 km/h. a. This table is based on a 175 mph ultimate design wind speed and a mean roof height of 45 feet. b. Fasteners shall be installed at opposing ends of the wood structural panel. Fasteners shall be located a minimum of 1 inch from the edge of the panel. c. Anchors shall penetrate through the exterior wall covering with an embedment length of 2 inches minimum into the building frame. Fasteners shall be located a minimum of 2-1/2 inches from the edge of concrete block or concrete. d. Where panels are attached to masonry or masonry/stucco, they shall be attached utilizing vibration- resistant anchors having a minimum withdrawal capacity of 1,500 pounds.” (13) Figure R301.2(5)(a) “Ultimate Design Wind Speeds” of the International Residential Code is deleted in its entirety and replaced with Figure R301.2(5)(a) County of Hawai‘i Ultimate Wind Speed, V, for Components ULT and Cladding, to read as follows: SUPP. 11 (1-2022) 5B-12 R ESIDENTIAL B UILDING C ODE §5B-2-1 Ultimate Figure R301.2(5)(a) County of Hawai‘i , for Components and Cladding Ultimate Wind Speed, V ULT SUPP. 11 (1-2022) 5B-13 § 5B-2-1 H AWAI‘I C OUNTY C ODE (14) Figure R301.2(5)(b) “Regions Where Wind Design is Required” of the International Residential Code is deleted in its entirety and replaced with Figure R301.2(5)(b) “County of Hawai‘i Ultimate Wind Debris Zone,” to read as follows: Figure R301.2(5)(b) County of Hawai‘i Ultimate Wind Debris Zone Figure R301.2(5)(b) County of Hawai‘i Ultimate Wind Debris Zone SUPP. 11 (1-2022) 5B-14 R ESIDENTIAL B UILDING C ODE §5B-2-1 (15) Subsection R301.2.1.4, “Exposure category,” of the International Residential Code is deleted in its entirety and replaced with the following: “R301.2.1.4 Exposure Category. The exposure category shall be determined from Figure R301.2.1.4(a) or using the provisions of ASCE 7-10.” (16) Section R301, “Design Criteria,” of the International Residential Code is amended by adding Figure R301.2.1.4(a), “Exposure Category Zones for Hawai‘i County,” to read as follows: SUPP. 11 (1-2022) 5B-15 § 5B-2-1 H AWAI‘I C OUNTY C ODE Figure R301.2.1.4(a) Exposure Category Zones for Hawai‘i County SUPP. 11 (1-2022) 5B-16 R ESIDENTIAL B UILDING C ODE §5B-2-1 (17) Subsection R301.2.1.5, “Topographic wind effects,” of the International Residential Code is deleted in its entirety and replaced with the following: “R301.2.1.5 Topographic wind effects. Topographic wind speed effects shall be considered in the design of the building. Buildings designed using the ultimate wind speed as determined from Figures R301.2(5)(a) and wind exposure categories determined in accordance with section R301.2.1.4 shall be deemed to comply with this section.” (18) Subsection R301.2.1.5.1, “Simplified topographic wind speed-up method,” of the International Residential Code is deleted in its entirety. (19) Section R301, “Design Criteria,” of the International Residential Code is amended by adding Table R301.2(4), “Determination of Seismic Design Category by Location-Site Class D,” to read as follows: Table R301.2(4) Determination of Seismic Design Category by Location-Site Class D Seismic Design Location Category Hawai‘i : North and South Kohala, Hamakua, & North Hilo Districts D 2 All other Hawai‘i County Districts E (20) Subsection R301.2.2.1, “Determination of seismic design category,” of the International Residential Code is amended to read as follows: “R301.2.2.1 Determination of seismic design category. Buildings shall be assigned a seismic design category in accordance with Table R301.2(4) or Figure R301.2(2). (21) Subsection R301.2.2.1.1, “Alternate determination of seismic design category,” of the International Residential Code is deleted in its entirety. (22) Subsection R301.2.2.6, “Irregular buildings,” of the International Residential Code is amended to read as follows: “R301.2.2.6 Irregular buildings. “The seismic provisions of this code shall not be used for structures, or portions thereof, located in , D and D and considered to be Seismic Design Categories D 012 irregular in accordance with this section. A building or portion of a building shall be considered to be irregular where one or more of the SUPP. 11 (1-2022) 5B-17 § 5B-2-1 H AWAI‘I C OUNTY C ODE conditions defined in Items 1 through 7 occur. Irregular structures, or irregular portions of structures, shall be designed in accordance with the Building Code, Chapter 5A, Hawai‘i County Code, to the extent the irregular features affect the performance of the remaining structural system. Where the forces associated with the irregularity are resisted by a structural system designed in accordance with the Building Code, Chapter 5A, Hawai‘i County Code, the remainder of the building shall be permitted to be designed using the provisions of this code. 1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required see Figure R301.2.2.6(1). Figure R301.2.2.6(1) Braced Wall Panels Out of Plane Exception: For wood light-frame construction, floors with cantilevers or setbacks not exceeding four times the nominal depth of the wood floor joists, see Figure R301.2.2.6(2), are permitted to support braced wall panels that are out of plane with braced wall panels below provided that all of the following are satisfied: 1. Floor joists are nominal 2 inches by 10 inches (51 mm by 254 mm) or larger and spaced not more than 16 inches (406 mm) on center. 2. The ratio of the back span to the cantilever is not less than 2 to 1. 3. Floor joists at ends of braced wall panels are doubled. SUPP. 11 (1-2022) 5B-18 R ESIDENTIAL B UILDING C ODE §5B-2-1 4. For wood-frame construction, a continuous rim joist is connected to ends of cantilever joists. Where spliced, the rim joists shall be spliced using a galvanized metal tie not less than 0.058 inch (1.5 mm) (16 gage) and 1-1/2 inches (38 mm) wide fastened with six 16d nails on each side of the splice; or a block of the same size as the rim joist and of sufficient length to fit securely between the joist space at which the splice occurs, fastened with eight 16d nails on each side of the splice. 5. Gravity loads carried at the end of cantilevered joists are limited to uniform wall and roof loads and the reactions from headers having a span of 8 feet (2438 mm) or less. Figure R301.2.2.6(2) Braced Wall Panels Supported by Cantilever or Setback SUPP. 11 (1-2022) 5B-19 § 5B-2-1 H AWAI‘I C OUNTY C ODE 2. Lateral support of roofs and floors. Conditions where a section of floor or roof is not laterally supported by shear walls or braced wall lines on all edges. See Figure R301.2.2.6(3). Figure R301.2.2.6(3) Floor or Roof Not Supported on all Edges Exception: Portions of floors that do not support shear walls, braced wall panels above, or roofs shall be permitted to extend not more than 6 feet (1829 mm) beyond a shear wall or braced wall line. See Figure R301.2.2.6(4). Figure R301.2.2.6(4) Roof or Floor Extension Beyond Braced Wall Line SUPP. 11 (1-2022) 5B-20 R ESIDENTIAL B UILDING C ODE §5B-2-1 3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below and extends more than 1 foot (305 mm) horizontally past the edge of the opening. This provision is applicable to shear walls and braced wall panels offset in plane and to braced wall panels offset out of plane in accordance with the exception to Item 1. See Figure R301.2.2.6(5). Figure R301.2.2.6(5) Braced Wall Panel Extension Over Opening Exception: For wood light-frame wall construction, one end of a braced wall panel shall be permitted to extend more than 1 foot (305 mm) over an opening not more than 8 feet (2438 mm) in width in the wall below provided that the opening includes a header in accordance with all of the following: 1. The building width, loading condition and framing member species limitations of Table R602.7(1) shall apply. 2. The header is composed of: 2.1. Not less than one 2 x 12 or two 2 x 10 for an opening not more than 4 feet (1219 mm) wide. 2.2. Not less than two 2 x 12 or three 2 x 10 for an opening not more than 6 feet (1829 mm) in width. 2.3. Not less than three 2 x 12 or four 2 x 10 for an opening not more than 8 feet (2438 mm) in width. 3. The entire length of the braced wall panel does not occur over an opening in the wall below. SUPP. 11 (1-2022) 5B-21 § 5B-2-1 H AWAI‘I C OUNTY C ODE 4. Floor and roof opening. Conditions where an opening in a floor or roof exceeds the lesser of 12 feet (3658 mm) or 50 percent of the least floor or roof dimension. See Figure R301.2.2.6(6). Figure R301.2.2.6(6) Opening Limitations for Floor and Roof Diaphragms 5. Floor level offset. Conditions where portions of a floor level are vertically offset. See Figure R301.2.2.6(7). Exceptions: 1. Framing supported directly by continuous foundations at the perimeter of the building. 2. For wood light-frame construction, floors shall be permitted to be vertically offset where the floor framing is lapped or tied together as required by Section R502.6.1. Figure R301.2.2.6(7) Portions of Floor Level Offset Vertically SUPP. 11 (1-2022) 5B-22 R ESIDENTIAL B UILDING C ODE §5B-2-1 6. Perpendicular shear wall and wall bracing. Conditions where shear walls and braced wall lines do not occur in two perpendicular directions. See Figure R301.2.2.6(8). Figure R301.2.2.6(8) Braced Wall Lines Not Perpendicular 7. Wall bracing in stories containing masonry or concrete construction. Conditions where stories above grade plane are partially or completely braced by wood wall framing in accordance with Section R602 or cold-formed steel wall framing in accordance with Section R603 include masonry or concrete construction. Where this irregularity applies, the entire story shall be designed in accordance with the Building Code, Chapter 5A, Hawai‘i County Code. Exceptions: Fireplaces, chimneys and masonry veneer in accordance with this code. SUPP. 11 (1-2022) 5B-23 § 5B-2-1 H AWAI‘I C OUNTY C ODE (23) Subsection R303.1, “Habitable rooms,” of the International Residential Code is amended to read as follows: “R303.1 Habitable rooms. All habitable rooms shall have an aggregate glazing area of not less than 10 percent of the floor area of such rooms. Natural ventilation shall be through windows, doors, louvers, or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants. Unless required otherwise by the Energy Conservation Code, Chapter 5E, Hawai‘i County Code, the minimum openable area to the outdoors shall be 5 percent of the floor area being ventilated. Exceptions: 1. The glazed areas need not be openable where the opening is not required by section R310 and a whole-house mechanical ventilation system is installed in accordance with Section M1505. 2. The glazed areas need not be installed in rooms where Exception 1 above is satisfied and artificial light is provided that is capable of producing an average illumination of 6 footcandles (65 lux) over the area of the room at a height of 30 inches (762 mm) above the floor level. 3. Use of sunroom and patio covers, as defined in Section R202, shall be permitted for natural ventilation if in excess of 65 percent of the exterior sunroom walls are open, or are enclosed only by insect screening.” (24) Subsection R303.3, “Bathrooms,” of the International Residential Code is amended to read as follows: “R303.3 Bathrooms. Bathrooms, water closet compartments, laundry rooms, and other similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one twentieth of the floor area of such rooms with a minimum of 1 ½ square feet.” Exception: The glazed areas shall not be required where artificial light and a local exhaust system are provided. The minimum local exhaust rates shall be determined in accordance with Section M1505. Exhaust air from the space shall be exhausted directly to the outdoors.” SUPP. 11 (1-2022) 5B-24 R ESIDENTIAL B UILDING C ODE §5B-2-1 (25) Subsection R309.3, “Flood hazard areas,” of the International Residential Code is amended to read as follows: “R309.3 Flood hazard areas. Buildings located within areas of special flood hazards pursuant to Chapter 27, Hawai‘i County Code, shall be designed and constructed in accordance with Chapter 27, Hawai‘i County Code.” (26) Subsection R310.2.1, “Minimum opening area,” of the International Residential Code is amended to read as follows: “R310.2.1 Minimum opening area. Emergency and escape rescue openings shall have a net clear opening of not less 5.7 square feet 2 (0.530 m). The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. The net clear height of the opening shall be not less than 24 inches (610 mm) and the net clear width shall be not less than 20 inches (508 mm). Exceptions: 1.Grade floor openings or below-grade openings shall have a net 2 ). clear opening area of not less than 5 square feet (0.465 m 2. Glass jalousie bladed windows may be used for emergency escape or rescue.” (27) Subsection R313.2, “One-and two-family dwellings automatic fire sprinkler systems,” is amended to read as follows: “An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exceptions: 1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. SUPP. 11 (1-2022) 5B-25 § 5B-2-1 H AWAI‘I C OUNTY C ODE 2. In accordance with section 46-19.8, Hawai‘i Revised Statutes, “Fire sprinklers; residences,” until June 30, 2027 the installation or retrofitting of automatic fire sprinklers or an automatic fire sprinkler system shall not be required in: 2.1 Any new or existing detached one- or two-family dwelling unit in a structure used only for residential purposes; and 2.2 Nonresidential agricultural and aquacultural buildings and structures located outside an urban area. Provided that Exception 2 shall not apply to new homes that require a variance from access road or firefighting water supply requirements.” (28) Subsection R317.1, “Location required,” of the International Residential Code is amended by amending the first paragraph of this subsection to read as follows: (Paragraphs numbered 1 through 7 that follow this paragraph, shall remain unchanged.) “R317.1 Location required. Protection of wood and wood-based products from decay shall be provided in the following locations by the use of naturally durable wood as approved by the building official, or wood that is preservative-treated in accordance with AWPA U1 for the species, product, preservative and end use. Preservatives shall be listed in Section 4 of AWPA U1.” (29) Subsection R318.1, “Subterranean termite control methods,” of the International Residential Code is amended to read as follows: “R318.1 Subterranean termite control methods. Methods of protection shall be one of items 1, 2 or 3 and one of items 4, 5, or 6. 1. Chemical termiticide, as provided in Section R318.2. 2. Termite-baiting system installed and maintained according to the label. 3. Physical barriers, as provided in Section R318.3 and used in locations as specified in Section R317.1. 4. Pressure-preservative-treated wood in accordance with Section R317.1. 5. Cold-formed steel framing in accordance with Sections R505.2.1 and R603.2.1. 6. Naturally durable termite-resistant wood as approved by the building official.” SUPP. 11 (1-2022) 5B-26 R ESIDENTIAL B UILDING C ODE §5B-2-1 (30) Subsection R318.4, “Foam plastic protection,” of the International Residential Code is amended to read as follows: “R318.4 Foam plastic protection. Extruded and expanded polystyrene, polyisocyanurate and other foam plastics shall not be installed on the exterior face or under interior or exterior foundation walls or slab foundations located below grade. The clearance between foam plastics installed above grade and exposed earth shall not be less than 6 inches (152 mm). Exception: On the interior side of basement walls.” (31) Section R318, “Protection Against Subterranean Termites,” of the International Residential Code is amended by adding Subsection R318.5, “Water splash,” to read as follows: “R318.5 Water splash. Where wood-frame walls and partitions are covered on the interior with plaster, tile or similar materials and are subject to water splash, the framing shall be protected with approved waterproof paper.” (32) Section R318, “Protection Against Subterranean Termites,” of the International Residential Code is amended by adding Subsection R318.6, “Pipe and other penetrations,” to read as follows: “R318.6 Pipe and other penetrations. Insulations around plumbing pipes shall not pass through ground floor slabs. Openings around pipes or similar penetrations in a concrete or masonry slab, which is in direct contact with earth, shall be filled with non-shrink grout, or other approved physical barrier.” (33) Subsection R320.1, “Scope,” of the International Residential Code is amended to read as follows: “R320.1 Scope. Where there are four or more dwelling units or sleeping units in a single structure, the following provisions for Group R-3 apply: 1. For construction of buildings or facilities of the State and County governments, compliance with Section 103-50, Hawai‘i Revised Statutes, administered by the Disability and Communication Access Board, State of Hawai‘i. 2. Department of Justice’s Americans with Disabilities Act Standards for Accessible Design. SUPP. 11 (1-2022) 5B-27 § 5B-2-1 H AWAI‘I C OUNTY C ODE 3. Housing and urban development recognized “safe harbors” for compliance with the Fair Housing Acts design and construction requirements. 4. Other pertinent laws relating with disabilities shall be administered and enforced by agencies responsible for their enforcement. Prior to the issuance of a building permit, the owner (or the owner's representative, professional architect, or engineer), shall submit a statement that all requirements relating to accessibility for persons with disabilities will be complied with.” (34) Subsection R322.2, “Flood hazard areas (including A Zones),” of the International Residential Code is amended to read as follows: “R322.2 Flood hazard areas (including A Zones). Buildings located within areas of special flood hazards pursuant to Chapter 27, Hawai‘i County Code, shall be designed and constructed in accordance with Chapter 27, Hawai‘i County Code.” (35) Section R323, “Storm Shelters” of the International Residential Code, is amended to read as follows: “SECTION R323 HAWAI‘I RESIDENTIAL SAFE ROOMS R323.1 General. This section applies to storm shelters where constructed as separate detached buildings or where constructed as safe rooms within buildings for the purpose of providing refuge from storms that produce high winds, such as tornados and hurricanes. In addition to other applicable requirements in this code, storm shelters shall be constructed in accordance with ICC/NSSA-500 or Subsection R323.2. R323.2 Performance-based design criteria. The residential safe room shall meet the minimum performance specifications of Sections 323.2.1 through 323.11. R323.2.1 Intent and scope. The intent of the residential safe room is to temporarily provide an enhanced protection area, fully enclosed within a dwelling or within an accessory structure to a residence, which is designed and constructed to withstand the wind pressures, windborne debris impacts, and other requirements of this section. SUPP. 11 (1-2022) 5B-28 R ESIDENTIAL B UILDING C ODE §5B-2-1 R323.2.2 Alternative standards. 1. Manufactured safe room designs subject to approval. A manufactured safe room or safe room kit may be substituted if documentation is submitted and approved by the building official. The safe room shall be engineered, tested, and manufactured to meet or exceed the criteria of this section. 2. FEMA in-residence shelter designs permitted. It shall be permissible to build FEMA In-Residence Shelters of up to 64 square feet of floor area with walls up to 8 feet long that are built in accordance with construction details of FEMA 320. R323.3 Site criteria. Residential safe rooms shall not be constructed within areas subject to stream flooding, coastal flooding or dam failure inundation within any of the following areas: 1. FEMA Special Flood Hazard Areas (SFHA) subject to rainfall runoff flooding or stream or flash flooding; 2. Coastal zones “V” or “A” identified in the Flood Insurance Rate Map (FIRM) issued by FEMA for floodplain management purposes, in which the flood hazard are tides, storm surge, waves, tsunamis, or a combination of these hazards; or 3. Areas subject to dam failure inundation as determined by the Department of Land and Natural Resources. R323.4 Size of safe room. The safe room shall be designed to provide a minimum of 15 square feet per person in a room which does 2 ) of floor area. not need to exceed 120 square feet (11 m R323.5 Provisions for exiting. The safe room shall be equipped with an inward-swinging interior door and an impact-protected operable window or exterior door suitable for a means of alternative exiting in an emergency. R323.6 Design for dead, live, wind, rain, and impact loads. R323.6.1 Structural integrity criteria. 1. The residential safe room shall be built with a complete structural system and a complete load path for vertical and lateral loads caused by gravity and wind. 2. The building that the residential safe room is in shall be assumed to be destroyed by the storm and shall not be taken as offering any protective shielding to the safe room enclosure. 3. The ceiling structure and wall shall be capable of supporting a superimposed debris load of the full weight of any building floors and roof above, but not less than 125 psf. SUPP. 11 (1-2022) 5B-29 § 5B-2-1 H AWAI‘I C OUNTY C ODE 4. The residential safe room enclosure shall be capable of simultaneously resisting lateral and uplift wind pressures corresponding to a 145 mph 3-second peak gust ultimate design wind speed, determined in accordance with ASCE – 7, Minimum Design Loads for Buildings and Other Structures. The site exposure factor shall be based on exposure C or the exposure shown in Figure R301.2.1.4(a), whichever is the greater. The values for the gust factor and the directionality factor shall be taken as 0.85. Topographic wind amplification caused by mountainous terrain shall be considered in accordance with the building code. Internal pressure shall be determined in accordance with ASCE – 7. 5. The residential safe room shall be anchored to a foundation system capable of resisting the above loading conditions. R323.6.2 Windborne debris impact protection of building enclosure elements. The entire enclosure of the safe room, including all walls, ceilings, and openings, fixed or operable windows, and all entry doors into the safe room, shall meet or exceed Level D requirements of ASTM E 1996 (Table 323.6.1), or be an approved assembly listed in Section 323.6.4. Any wall or ceiling penetration greater than 4 square inches shall be considered an opening. Exception: Electrical outlet boxes and interior lighting switches not penetrating more than 2.5-inches into the interior wall surface and a plumbing piping or conduit not greater than 1.5-inch in diameter shall be exempted from this requirement. R323.6.3 Cyclic pressure loading of glazing and protective systems. Impact protective systems shall meet the ASTM E 1996 cyclic pressure requirement for the loading given in Table 323.6.1. SUPP. 11 (1-2022) 5B-30 R ESIDENTIAL B UILDING C ODE §5B-2-1 Table 323.6.1 WINDBORNE DEBRIS PROTECTION AND CYCLIC PRESSURE CRITERIA FOR RESIDENTIAL SAFE ROOMS Enclosure Wall Ceiling, and Floor ASTM E 1996 Debris Cyclic Air Pressure Debris Missile Missile Impact Testing - maximum Size Level Speed inward and Rating maximum outward pressures 2 x 4 weighing 9.0 lb. +/- 0.25 lb., 50 ft./sec. 35 psf inward D and with min. or at least 45 psf outward length 8 ft. 34 mph +/- 4-inch R323.6.2 Approved debris impact resistant wall assemblies. The following methods of wall assembly construction shall be deemed to comply with Section R323.6.2: 1. 3/4-inch plywood on wood studs spaced at 16 inches on-center with #8 X 3 inch wood screws at 6 inches on-center. 2. 3/4-inch plywood attached to double studs spaced at 16 inches on- center with #8 X 3 inch wood screws at 6 inches on-center. 3. 8-1/4 inch cementitious lap siding over 22 gage sheet metal attached to 350S-162-33 studs spaced at 24 inches on-center. 4. 8-1/4 inch cementitious lap siding attached to 350S-162-33 studs spaced at 24 inches on-center studs with interior 3/4-inch interior plywood sheathing. 5. 8-1/4 inch cementitious lap siding attached to 350S-162-33 studs spaced at 24 inches on-center with 1/2-inch interior 22 gage sheet metal composite gypsum wallboard. 6. 8-1/4 inch cementitious lap siding attached to 2 inch X 4 inch wood studs spaced at 16 inches on-center with 1/2-inch interior 22 gage sheet metal composite gypsum wallboard. 7. 8-1/4 inch cementitious lap siding attached to 2 inch X 4 inch wood studs spaced at 16 inches on-center with 22 gage sheet metal and 1/2-inch interior gypsum wallboard. 8. Cementitious lap siding attached to 5/8-inch structural plywood on 2 inch X 4 inch wood studs spaced at 16 inches on-center. 9. Cementitious-panel siding attached to 5/8-inch structural plywood on 2 inch X 4 inch or 362S-137-43 steel studs spaced at 16 inches on-center. SUPP. 11 (1-2022) 5B-31 § 5B-2-1 H AWAI‘I C OUNTY C ODE 10. EFS with 1/2-inch dens-glass gold exterior sheathing on 362S- 137-43 steel studs spaced at 16 inches on-center and 1/2-inch interior gypsum wallboard. 11. 24 gage steel sheet (50 ksi) on girts. 12. Concrete with a thickness of 4 inches with reinforcing. 13. Concrete masonry units with a thickness of 6 inches with partial grouting and reinforcing spaced at 24 inches on-center. 14. Concrete masonry units with a thickness of 8 inches with partial grouting and reinforcing spaced at 24 inches on-center. 15. Interior or exterior wall with laterally braced 2 inch x 4 inch wood studs with sheathing on either side of 22 gage sheet metal. Sheathing shall be attached to studs with fasteners at 6 inches (152 mm) on center for edge and field fastening. R323.7 Ventilation. The residential safe room shall be naturally ventilated to allow the enclosure to have approximately one air change every two hours. This requirement may be satisfied by 12 square inches of venting per occupant. There shall be at least two operable vents. The vents shall be protected by a cowling or other device that shall be impact tested to comply with ASTM E 1996-14 Level D. Alternatively, the room shall be evaluated to determine if the openings are of sufficient area to constitute an open or partially enclosed condition as defined in ASCE 7. R323.8 Communications. The residential safe room shall be equipped with a phone line and telephone that does not rely on a separate electrical power outlet. Alternatively, a wireless telephone shall be permitted to rely on an Uninterruptible Power Supply (UPS) battery device. R323.9 Construction documents. Construction documents for the residential safe room shall be directly prepared by a Hawai‘i licensed professional structural engineer. R323.10 Special inspection. The construction or installation of the residential safe room shall be verified for conformance to the drawings in accordance with the appropriate requirements of Chapter 17 of the International Building Code. R323.11 Notification. The owner of the safe room shall notify the State Department of Defense and County Civil Defense Agency of the property’s Tax Map Key or Global Positioning System coordinates.” SUPP. 11 (1-2022) 5B-32 R ESIDENTIAL B UILDING C ODE §5B-2-1 (36) Section R326, “Swimming Pools, Spas and Hot Tubs” of the International Residential Code, is amended to read as follows: “R326.1 General. Swimming pools shall comply with the requirements of sections R326.2 through R326.4 and other applicable sections of this code. R326.2. Definition. “SWIMMING POOL” shall, for the purposes of this section, have the following meaning: “Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on- ground pools; hot tubs; spas and fixed-in-place wading pools.” R326.3 Residential swimming pools. Residential swimming pools shall comply with Sections R326.3.1 through R326.3.4. Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with Section R326.3. R326.3.1 Barrier height and clearances. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). R326.3.1.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. R326.3.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. R326.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not SUPP. 11 (1-2022) 5B-33 § 5B-2-1 H AWAI‘I C OUNTY C ODE greater than 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width. R326.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width. R326.3.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2.25 inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches (44 mm). R326.3.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1.75 inches (44 mm). R326.3.1.7 Gates. Access doors or gates shall comply with the requirements of Sections R326.3.1.1 through R326.3.1.6 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate at least 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. R326.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall SUPP. 11 (1-2022) 5B-34 R ESIDENTIAL B UILDING C ODE §5B-2-1 automatically reset under all conditions. The alarm shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. In dwellings not required to be Accessible, Type A or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible, Type A or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self- latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Section R326.3.1.8, Item 1 or 2. R326.3.1.9 Pool structure as barrier. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of Sections R326.3.1.1 through R326.3.1.8. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter (102 mm) sphere. R326.3.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section R326.3.1.8. R326.3.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. R326.4 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.” (37) Section R401, “General,” of the International Residential Code, is amended by adding subsection R401.5, “Post or pier foundations,” to read as follows: “R401.5 Post or pier foundations. Raised floor systems supported by post or pier foundations shall be designed in accordance with the Building Code, Chapter 5A, Hawai‘i County Code.” SUPP. 11 (1-2022) 5B-35 § 5B-2-1 H AWAI‘I C OUNTY C ODE (38) Subsection R402.2.1, “Materials for concrete,” of the International Residential Code is amended to read as follows: “R402.2.1 Materials for concrete. Materials for concrete shall comply with the requirements of Section R608.5.1. The maximum water to cement ratio for concrete slabs-on-grade shall not exceed 0.50.” (39) Section R403, “Footings,” of the International Residential Code is amended by adding subsection R403.1.6.2, “Concrete strap type anchors,” to read as follows: “R403.1.6.2 Concrete strap-type anchors. Concrete strap-type anchors made out of cold-formed steel shall not be used along the perimeter edges of a slab-on-grade where the steel does not have at least 1-1/2 inches side cover or other adequate protection.” (40) Section R403, “Footings,” of the International Residential Code is amended by adding subsection R403.1.6.3, “Anchor bolts at the perimeter edge of a slab on grade,” to read as follows: “R403.1.6.3 Anchor bolts at the perimeter edge of a slab-on- grade. Anchor bolts must be hot dipped galvanized in accordance with ASTM F2329 and have a minimum concrete side cover of 1-1/2 inches unless provisions have been made to protect the anchor bolts from corrosion.” (41) Subsection R406.1, “Concrete and masonry foundation dampproofing,” of the International Residential Code is deleted in its entirety. (42) Subsection R406.2, “Concrete and masonry foundation waterproofing,” of the International Residential Code is amended to read as follows: “R406.2 Concrete and masonry foundation waterproofing. Exterior foundation walls that retain earth and enclose interior spaces and floors below grade shall be waterproofed from the top of the footing to the finished grade. Walls shall be waterproofed in accordance with one of the following: 1. Two-ply hot-mopped felts. 2. Fifty-five-pound (25 kg) roll roofing. 3. Forty-mil (1 mm) polymer-modified asphalt. 4. Sixty-mil (1.5 mm) flexible polymer cement. SUPP. 11 (1-2022) 5B-36 R ESIDENTIAL B UILDING C ODE §5B-2-1 5. One-eighth-inch (3 mm) cement-based, fiber-reinforced, waterproof coating. 6. Sixty-mil (1.5 mm) solvent-free liquid-applied synthetic rubber. All joints in membrane waterproofing shall be lapped and sealed with an adhesive compatible with the membrane. Exception: Organic-solvent-based products such as hydrocarbons, chlorinated hydrocarbons, ketones and esters shall not be used for ICF walls with expanded polystyrene form material. Use of plastic roofing cements, acrylic coatings, latex coatings, mortars and pargings to seal ICF walls is permitted. Cold-setting asphalt or hot asphalt shall conform to type C of ASTM D 449. Hot asphalt shall be applied at a temperature of less than 200°F (93°C).” (43) Subsection R406.3, “Dampproofing for wood foundations,” of the International Residential Code is amended to read as follows: “R406.3 Waterproofing for wood foundations. Wood foundations enclosing habitable or usable spaces located below grade shall be waterproofed in accordance with Section R406.2.” (44) Subsection R406.3.2, “Below-grade moisture barrier,” of the International Residential Code is amended to read as follows: “R406.3.2 Below-grade waterproofing. One of the waterproofing systems listed in R406.2 shall be applied over the below-grade portion of exterior foundation walls prior to backfilling. The top edge of the waterproofing shall be bonded to the sheathing to form a seal. Film areas at grade level shall be protected from mechanical damage and exposure by a pressure-preservative treated lumber or plywood strip attached to the wall several inches above finished grade level and extending approximately 9 inches (229 mm) below grade. The joint between the strip and the wall shall be caulked full length prior to fastening the strip to the wall. Other coverings appropriate to the architectural treatment may also be used. The waterproofing shall extend down to the bottom of the wood footing plate but shall not overlap or extend into the gravel or crushed stone footing.” (45) Subsection R406.4, “Precast concrete foundation system dampproofing,” of the International Residential Code is deleted in its entirety. SUPP. 11 (1-2022) 5B-37 § 5B-2-1 H AWAI‘I C OUNTY C ODE (46) Section R406, “Foundation Waterproofing and Damp-proofing,” of the International Residential Code is amended by adding subsection R406.5, “Cold formed steel protection of sill track,” to read as follows: “R406.5 Cold formed steel protection of sill track. Cold formed steel framing sills that directly bear on concrete or masonry that is in direct contact with earth shall be shielded along the exterior flange and bottom of the sill track with a self-adhered rubberized asphalt flashing material with a minimum thickness of 25 mil (0.64 mm) or other moisture barrier conforming to ASTM D412, D570, and E96/E96M.” (47) Section R408, “Under-Floor Space,” of the International Residential Code is amended by adding subsection R408.8, “Under-floor clearance,” to read as follows: “R408.8 Under-Floor Clearance. Minimum clearance between the bottom of floor joists or bottom of floors without joists and the ground beneath is 24 inches (610 mm); the minimum clearance between the bottom of girders and the ground is 18 inches (457 mm). Exception: Open slat wood decks must have ground clearance of at least 6 inches (152 mm) for any wood member.” (48) Subsection R602.10.9, “Braced wall panel support,” of the International Residential Code shall be amended to read as follows: “R602.10.9 Braced wall panel support. Braced wall panel support shall be provided as follows: 1. Cantilevered floor joists complying with Section R502.3.3 shall be permitted to support braced wall panels. 2. Raised floor system post or pier foundations supporting braced wall panels shall be designed in accordance with the Building Code, Chapter 5A, Hawai‘i County Code. 3. Masonry stem walls with a length of 48 inches (1219 mm) or less supporting braced wall panels shall be reinforced in accordance with Figure R602.10.9. Masonry stem walls with a length greater than 48 inches (1219 mm) supporting braced wall panels shall be constructed in accordance with Section R403.1 Methods ABW and PFH shall not be permitted to attach to masonry stem walls. 4. Concrete stem walls with a length of 48 inches (1219 mm) or less, greater than 12 inches (305 mm) tall and less than 6 inches (152 mm) thick shall have reinforcement sized and located in accordance with Figure R602.10.9.” SUPP. 11 (1-2022) 5B-38 R ESIDENTIAL B UILDING C ODE §5B-2-1 (49) Subsection R806.1, “Ventilation required,” of the International Residential Code is amended to read as follows: “R806.1 Ventilation required. Enclosed attics and enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters shall have cross ventilation for each separate space by ventilating openings protected against the entrance of rain or snow. Ventilation openings shall have a least dimension of 1/16 inch (1.6 mm) minimum and 1/4 inch (6.4 mm) maximum. Ventilation openings having a least dimension larger than 1/4 inch (6.4 mm) shall be provided with corrosion-resistant wire cloth screening, hardware cloth, perforated vinyl or similar material with openings having a least dimension of 1/16 inch (1.6 mm) minimum and 1/4 inch (6.4 mm) maximum. Openings in roof framing members shall conform to the requirements of Section R802.7. Required ventilation openings shall open directly to the outside air and shall be protected to prevent the entry of birds, rodents, snakes and other similar creatures. Exception: The attic space shall be permitted to be unvented when the design professional determines it would be beneficial to eliminate ventilation openings to reduce salt-laden air and maintain relative humidity 60 percent or lower to: 1. Avoid corrosion to steel components; 2. Avoid moisture condensation in the attic space; or 3. Minimize energy consumption for air conditioning or ventilation by maintaining satisfactory space conditions in both the attic and occupied space below.” (50) Chapter 11, “Energy Efficiency,” of the International Residential Code is deleted in its entirety. Refer to the Energy Conservation Code, Chapter 5E, Hawai‘i County Code. (51) Subsection M1301.1, “Scope,” of the International Residential Code shall be amended to read as follows: “M1301.1 Scope. The provisions of this chapter shall govern the installation of mechanical systems not specifically covered in other chapters applicable to mechanical systems. Installations of mechanical appliances, equipment and systems not addressed by this code shall comply with the applicable provisions of nationally published codes or standards and with the Plumbing Code, Chapter 5F, Hawai‘i County Code. SUPP. 11 (1-2022) 5B-39 § 5B-2-1 H AWAI‘I C OUNTY C ODE (52) Subsection M1307.4.2, “Mechanical ventilation,” of the International Residential Code shall be amended to read as follows: “M1307.4.2 Mechanical ventilation. Indoor locations intended for hydrogen-generating or refueling operations shall be ventilated in accordance with the applicable provisions of nationally published mechanical codes or standards.” (53) Subsection M1901.1, “Clearances,” of the International Residential Code shall be amended to read as follows: “M1901.1 Clearances. Freestanding or built-in ranges shall have a vertical clearance above the cooking top of not less than 30 inches (762 mm) to unprotected combustible material. Reduced clearances are permitted in accordance with the listing and labeling of the range hoods or ovens with integral exhaust. The clearances for a domestic open-top broiler unit shall be in accordance with Section M1503.2.1. Minimum Horizontal Clearance. The minimum horizontal clearance from edge of the burner head(s) of top (or surface) cooking unit to combustible walls extending above the cooking surface shall be not less than 12 inches. Exception: Walls of combustible materials to be installed within 12 inches of a cooking unit shall be provided with protection equivalent to 1/2-inch gypsum wallboard covered with laminated plastic. The height of the laminated plastic shall be 12 inch minimum.” (54) Chapter 20, “Boilers and Water Heaters,” of the International Residential Code is deleted in its entirety and replaced with provisions relating to water heaters in the Plumbing code, Chapter 5F, Hawai‘i County Code. (55) Chapter 21, “Hydronic Piping,” of the International Residential Code is amended by amending its title to read as follows: “CHAPTER 21 HYDRONIC PIPING (FOR REFERENCE ONLY)” (56) Chapter 21, “Hydronic Piping,” of the International Residential Code is amended by adding a section M2100, “Reference,” to read as follows: “Section M2100 Reference. The provisions of this chapter shall be deemed to be guidelines only and not mandatory.” SUPP. 11 (1-2022) 5B-40 R ESIDENTIAL B UILDING C ODE §5B-2-1 (57) Chapter 22, “Special Piping and Storage Systems,” of the International Residential Code is amended by amending its title to read as follows: “CHAPTER 22 SPECIAL PIPING AND STORAGE SYSTEMS (FOR REFERENCE ONLY)” (58) Chapter 22, “Special Piping and Storage Systems,” of the International Residential Code is amended by adding a section M2200, “Reference,” to read as follows: “Section M2200 Reference. The provisions of this chapter shall be deemed to be guidelines only and not mandatory.” (59) Chapter 23, “Solar Thermal Energy Systems,” of the International Residential Code is deleted in its entirety. Refer to the Electrical Code, Chapter 5D, Hawai‘i County Code and the Plumbing Code, Chapter 5F, Hawai‘i County Code. (60) Chapter 24, “Fuel Gas,” of the International Residential Code is deleted in its entirety. Refer to the Plumbing Code, Chapter 5F, Hawai‘i County Code. (61) Chapters 25 through 32 that are contained in Part VII, “Plumbing,” of the International Residential Code are deleted in their entirety. Refer to the Plumbing Code, Chapter 5F, Hawai‘i County Code. (62) Chapter 33, “Storm Drainage,” of the International Residential Code is deleted in its entirety. (63) Chapters 34 thru 43 that are contained in Part VIII, “Electrical,” of the International Residential Code are deleted in their entirety. Refer to the Electrical Code, Chapter 5D, Hawai‘i County Code. (2021, ord 21-61, sec 1; am 2024, ord 24-17, sec 1.) 5B-2-1 Article 3. Adoption, Amendment, and Addition of Appendices. Division 1. Appendices of International Residential Code Adopted. Section 5B-3-1. Appendices not applicable. Provisions in the appendices of the International Residential Code shall not apply unless specifically adopted. (2021, ord 21-61, sec 1.) 5B-3-1 SUPP. 16 (7-2024) 5B-41 § 5B-3-2 H AWAI‘I C OUNTY C ODE Section 5B-3-2. Appendices of the International Residential Code adopted. The following appendices of the International Residential Code are adopted by reference and made a part of this code, subject to any amendments set forth in this article: (1) Appendix H, Patio Covers; (2) Appendix M, Home Day Care – R-3 Occupancy; and (3) Appendix Q, Tiny Houses. (2021, ord 21-61, sec 1.) 5B-3-2 Section 5B-3-3. Appendix Q; Tiny Houses. Appendix Q is deleted in its entirety and replaced with the following: “APPENDIX Q TINY HOUSES SECTION AQ101 GENERAL AQ101.1 Scope. This appendix shall be applicable to tiny houses used as single dwelling units and tiny houses that contain a loft. Tiny houses shall comply with the International Residential Code except as otherwise stated in this appendix. AQ101.1.1 Limitations. Tiny houses shall not contain more than one loft, or loft space. Tiny houses that contain a loft may not be used for any purpose other than as a detached single-family dwelling. SECTION AQ102 DEFINITIONS AQ102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the International Residential Code for general definitions. EGRESS ROOF ACCESS WINDOW. A skylight or roof window designed and installed to satisfy the emergency escape and rescue opening requirements in Section R310.2. LANDING PLATFORM. A landing measuring two treads deep and two risers tall, provided as the top step of a stairway accessing a loft. SUPP. 11 (1-2022) 5B-42 R ESIDENTIAL B UILDING C ODE §5B-3-3 LOFT. Any floor level located above the main floor and open to it on at least one side, with a ceiling height less than 6 feet 8 inches (2032 mm), complying with the area, access, and guard requirements of Section AQ105, and used as a living or sleeping space. 2 TINY HOUSE. A dwelling which is 500 square feet (37 m) or less in floor area excluding lofts. The maximum total floor area of 500 square feet shall mean the sum of the horizontal areas of each floor of a building measured from the exterior faces of the exterior walls. The total floor area shall include enclosed attached accessory structures such as garages or storage areas. Unenclosed attached structures such as carports, breezeways, lanais, or porches shall be excluded. SECTION AQ103 FOUNDATIONS AQ103.1 General. All exterior walls shall be permanently supported on continuous solid or fully grouted masonry or concrete footings, crushed stone footings, wood foundations, or other approved structural systems pursuant to Chapter 4 of the International Residential Code, which shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. SECTION AQ104 CEILING HEIGHT AQ104.1 Minimum ceiling height. Habitable space and hallways in tiny houses shall have a ceiling height not less than 6 feet 8 inches (2032 mm). Bathrooms, toilet rooms, and kitchens shall have a ceiling height not less than 6 feet 4 inches (1930 mm). No obstructions shall extend below these minimum ceiling heights including beams, girders, ducts, lighting, or other obstructions. Exception: Ceiling heights in lofts are permitted to be less than 6 foot 8 inches (2032 mm). SECTION AQ105 LOFTS AQ105.1 Minimum loft areas. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections AQ105.1.1 through AQ105.1.3. SUPP. 11 (1-2022) 5B-43 § 5B-3-3 H AWAI‘I C OUNTY C ODE AQ105.1.1 Minimum area. Lofts shall have a floor area of not less 2 than 35 square feet (3.25 m). AQ105.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension. AQ105.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloping ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. AQ105.1.4 Minimum ceiling height. Lofts shall have a ceiling height of not less than 3 feet (914.4 mm). AQ105.1.4.4.1 Undersized lofts. Lofts having a ceiling height of less than 6 feet (1828.8 mm) for more than 50 percent of the required minimum area shall comply with both of the following: 1. All wall and ceiling of the dwelling unit shall be a minimum 1/2 inch gypsum board or other approved Class A finish, throughout the entire dwelling unit. 2. In addition to the loft smoke alarm required by AQ105.4, all other required smoke alarms within the dwelling unit shall be a photoelectric-type complying with R314. AQ105.1.5 Maximum loft size. The aggregate floor area of a loft shall not be greater than one-third of the floor area of the room or space in which they are located. AQ105.2 Loft access. The access to and primary egress from lofts shall be of any type described in Sections AQ105.2.1 through AQ105.2.4. All methods of loft access and egress shall be positively anchored to prevent displacement. AQ105.2.1 Stairways. Stairways accessing lofts shall comply with this code or with Sections AQ105.2.1.1 through AQ105.2.1.5. SUPP. 11 (1-2022) 5B-44 R ESIDENTIAL B UILDING C ODE §5B-3-3 AQ105.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at all points at or above the permitted handrail height. The minimum width below the handrail shall not be less than 20 inches (508 mm). AQ105.2.1.2 Headroom. The headroom in stairways accessing a loft shall not be less than 6 feet 2 inches (1880 mm) measured vertically from the sloped line connecting the tread nosing in the middle of the tread width. Exception: The headroom for landing platforms shall not be less than 4 feet 6 inches (1372 mm). AQ105.2.1.3 Treads and Risers. Risers for stairs accessing a loft shall be a minimum of 7 inches (178 mm) and a maximum of 12 inches (305 mm). Tread depth and riser height shall be calculated with the following formulas: Tread depth = 20 inches (508 mm) minus 4/3 riser height or Riser height = 15 inches (381 mm) minus 3/4 tread depth Exception: Landing platforms shall measure two treads deep and two risers tall. AQ105.2.1.4 Handrails. Handrails shall comply with Section R311.7.8. AQ105.2.1.5 Stairway guards. Guards at open sides of stairways shall comply with Section R312.1. AQ105.2.2 Ladders. Ladders accessing lofts shall comply with Sections AQ105.2.2.1 and AQ105.2.2.2. AQ105.2.2.1 Size and capacity. Ladders accessing lofts shall have 12 inches (305 mm) minimum rung width and 10 inches (254 mm) to 14 inch (356 mm) spacing between rungs. Ladders shall be capable of supporting a 300 pound (136 kg) load on any rung. Rung spacing shall be uniform within 3/8-inch (9.5 mm). The maximum height of a ladder shall be 8 feet (2438 mm). AQ105.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal. SUPP. 11 (1-2022) 5B-45 § 5B-3-3 H AWAI‘I C OUNTY C ODE AQ105.2.3 Alternating tread devices. Alternating tread devices accessing lofts 200 square feet or less shall comply with Sections R311.7.11.1 and R311.7.11.2. The clear width at and below the handrails shall be not less than 20 inches (508 mm). AQ105.2.4 Ships ladders. Ships ladders accessing lofts 200 square feet or less shall comply with Sections R311.7.12.1 and R311.7.12.2. The clear width at and below the handrails shall be not less than 20 inches (508 mm). AQ105.3 Loft guards. Loft guards shall be located along the open side(s) of lofts located more than 30 inches (762 mm) above the main floor. Loft guards shall be not less than 36 inches (914 mm) in height or one-half the clear height to the ceiling, whichever is less. Loft guards are not required at the loft accessing means connection to the loft. AQ105.4 Loft smoke alarms. Lofts shall be equipped with a minimum of one photoelectric-type smoke alarm complying with Section R314. AQ105.5 Loft location. Lofts shall not be located directly above a permanently installed cooking appliance. Permanently installed cooking appliances shall not be located within 12 inches (304.8 mm) horizontally of a loft open edge, measured to the vertical plane of the loft edge. SECTION AQ106 EMERGENCY ESCAPE AND RESCUE OPENINGS AQ106.1 General. Tiny houses shall meet the requirements of Section R310 for emergency escape and rescue openings. Exception: Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet the requirements of Section R310 where installed with the bottom of their clear opening no more than 44 inches (1118 mm) above the loft floor provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1.” (2021, ord 21-61, sec 1.) 5B-3-3 SUPP. 11 (1-2022) 5B-46 R ESIDENTIAL B UILDING C ODE § 5B-3-21 Division 2. Appendix Added to the International Residential Code. Section 5B-3-21. Reserved. (2021, ord 21-61, sec 1.) 5B-3-21 Section 5B-3-22. Appendix U; Factory-built Housing. Appendix U is added to this code, to read as follows: “APPENDIX U FACTORY-BUILT HOUSING SECTION U101 APPLICABILITY U101.1 Purpose. These provisions are applicable to the design, construction, installation, and transportation of factory-built housing within the County. Unless otherwise specified this article shall be applicable only to factory-built housing which is sold or offered for sale to first users as defined below. Exception: Manufactured homes manufactured and certified in accordance with the Manufactured Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development. Foundation, exterior stairs, additions and accessory structures shall comply with Article 1, Adoption of the International Building Code and International Residential Code for One- and Two-Family Dwellings. All provisions of the building, housing, electrical, and plumbing codes shall be applicable unless indicated otherwise in this article. U101.2 Definitions. The following terms are defined for specialized use within this article: “Building official” means the director of the department of public works or the director’s authorized representative. “Factory-built housing” means any structure or portion thereof designed primarily for residential occupancy by human beings, which is either entirely prefabricated or assembled at a place other than the building site. “First user” means a person, firm or corporation who initially installs factory-built housing within this State. A person who subsequently purchases an installed factory-built housing is not a first user within the meaning of this definition. SUPP. 11 (1-2022) 5B-47 § 5B-3-22 H AWAI‘I C OUNTY C ODE “Insignia of approval” means a tag, tab, stamp, label or other device issued by the building official to indicate compliance with the statutes and these rules. “Installation” means the assembly of factory-built housing on site and the process of affixing factory-built housing to land, a foundation or an existing building. “Manufacture” means the process of making, fabricating, constructing, forming, or assembling factory-built housing at a place other than the building site. “Site” means the parcel of land on which factory-built housing is installed. U101.3 Building permit required. (a) No person shall perform any of the following work or cause or permit the same to be done on any factory-built housing in the County, without first obtaining a permit for this work from the building official: (1) Manufacture, install, erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or demolish any factory- built housing; (2) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace any electrical work; or (3) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace any plumbing, fire sprinkler, gas, or drainage piping work, or any fixture, gas appliance, water heating, or water treating equipment. (b) To obtain a permit, an applicant shall comply with sections: 5-4-1; 5-4-2, 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8. U101.4 Building permit fee. A fee for each building permit as set forth in section 5-7-3 of chapter 5, shall be paid to the building official. U101.5 Insignia of approval. (a) Factory-built housing manufactured in this County which is sold or offered for sale to first users within this County shall bear the insignia of approval issued by the building official indicating that the factory-built housing is in compliance with this article. (b) Factory-built housing manufactured outside the County shall bear the insignia of approval issued by any governmental or inspectional agency approved by the building official. SUPP. 11 (1-2022) 5B-48 R ESIDENTIAL B UILDING C ODE § 5B-3-22 U101.6 Performance of building, electrical, and plumbing work. (a) All building, electrical, and plumbing work performed within the State of Hawai‘i shall comply with State of Hawai‘i contracting and licensing laws and regulations. (b) All building, electrical, and plumbing work to be performed at the factory outside of this state must be accomplished: 1. Under the supervision of a licensed building contractor, licensed supervising electrician, or master plumber, respectively, of the state in which the factory is located, if the manufacturer submits a quality control manual which is approved by the building official; or 2. By licensed building contractors, electricians, or plumbers, respectively, of the state in which the factory is located. U101.7 Inspections. (a) Each and every factory-built housing manufactured outside of this County shall be inspected by a governmental or inspectional agency approved by the building official in conformance with the quality assurance standards approved by the building official and in compliance with County of Hawai‘i codes and regulations. (b) All manufacturing work, including building, electrical, and plumbing, shall be inspected in the factory by the building official to ensure compliance with the requirements of the construction code. It shall be the duty of the permit holder or their agent, to cause the work to remain accessible and exposed for inspection purposes. All inspections of factory-built housing shall comply with sections 5-8-1, 5-8-2, 5-8-3, 5-8-4, 5-8-5, 5-8-6, and 5-8-7. U101.8 Manufacturer’s label. (a) Each and every factory-built housing manufactured outside of this County shall have a manufacturer’s label on a metal plate showing the manufacturer’s name, serial number of the building, manufacture date, design load criteria, and an inspection stamp by a governmental or inspectional agency approved by the building official securely fastened on the factory-built housing; (b) Each and every factory-built housing manufactured in the County of Hawai‘i shall have a manufacturer’s label on a metal plate showing the manufacturer’s name, serial number of the building, manufacture date, design load criteria, and building official inspection stamp securely fastened on the factory-built housing. SUPP. 11 (1-2022) 5B-49 § 5B-3-22 H AWAI‘I C OUNTY C ODE U101.9 Transporting factory-built housing. The transportation of factory-built housing shall be governed by the provisions of the County and State traffic codes.” (2021, ord 21-61, sec 1.) 5B-3-22 Article 4. Building Work Within Special Flood Hazard Areas. Section 5B-4-1. General applicability. (a) The provisions of this article shall apply to new construction or the renovation and major alteration, addition, or reinstallation of any existing buildings or structures, within a special flood hazard area as identified by chapter 27, Hawai‘i County Code. Such construction work shall comply with chapter 16 of the International Building Code, and chapter 27, Floodplain Management. (b) The provisions of this article shall not apply to the following: (1) Any building or structure exempted from chapter 27; (2) Any building or structure which has been granted a flood control variance pursuant to article 5, chapter 27; or (3) Any building or structure lawfully existing prior to November 8, 1993, subject to the provisions of chapter 27. (2021, ord 21-61, sec 1.) 5B-4-1 Section 5B-4-2. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Base flood elevation” means the water surface elevation of the base flood. “Flood or flooding” means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation or runoff of surface waters from any source; or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition. SUPP. 11 (1-2022) 5B-50 R ESIDENTIAL B UILDING C ODE §5B-4-2 “Special flood hazard area” means an area having special flood or flood-related erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V. “Water-tight” when referring to construction below the inundation level, means constructed to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of inundation. (2021, ord 21-61, sec 1.) 5B-4-2 Section 5B-4-3. General Requirements. Contractor will provide a certified flood zone elevation mark on jobsite for flood zone elevation reference point. (2021, ord 21-61, sec 1.) 5B-4-3 SUPP. 11 (1-2022) 5B-51 This page intentionally left blank. CHAPTER 5C EXISTING BUILDING CODE* * Editor’s Note: Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. Article 1. General Provisions. Section 5C-1-1. Title. Section 5C-1-2. Purpose. Section 5C-1-3. Scope; exceptions. Section 5C-1-4. Administrative provisions. Section 5C-1-5. Existing buildings. Section 5C-1-6. Definitions. Section 5C-1-7. Compliance required. Section 5C-1-8. Conflict. Section 5C-1-9. References to model codes. Article 2. Installation Requirements. Section 5C-2-1. International existing building code adopted. Article 3. Reserved Article 4. Building Work Within Special Flood Hazard Areas. Section 5C-4-1. General applicability. Section 5C-4-2. Definitions. Section 5C-4-3. General requirements. SUPP. 11 (1-2022) i This page intentionally left blank. E XISTING B UILDING C ODE §5C-1-1 CHAPTER 5C EXISTING BUILDING CODE* * Editor’s Note: Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. Article 1. General Provisions. Section 5C-1-1. Title. This chapter shall be known as the “existing building code.” (2021, ord 21-61, sec 2.) 5C-1-1 Section 5C-1-2. Purpose. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of existing buildings and structures within the County and certain equipment specifically regulated herein. (2021, ord 21-61, sec 2.) 5C-1-2 Section 5C-1-3. Scope; exceptions. This chapter shall apply to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of existing buildings or structures or any appurtenances connected or attached to buildings or structures. Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhomes) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this chapter or chapter 5B, the residential building code. (2021, ord 21-61, sec 2.) 5C-1-3 Section 5C-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. (2021, ord 21-61, sec 2.) 5C-1-4 Section 5C-1-5. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of this chapter may have their existing permitted use or occupancy continued if such use or occupancy was legal at the time of the adoption of this chapter, provided such continued use does not constitute a hazard to the general safety and welfare of the occupants and the public. SUPP. 11 (1-2022) 5C-1 § 5C-1-5 H AWAI‘I C OUNTY C ODE (b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and change of occupancy to a building or structure in existence at the time of the adoption of this chapter shall comply with the requirements of this chapter. (2021, ord 21-61, sec 2.) 5C-1-5 Section 5C-1-6. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: 2 ) “Accessory structure” means a structure not greater than 3,000 square feet (279 m in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. “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 structure. “Chapter” means this chapter. “This code” means the existing building code, contained in chapter 5C, or the construction administrative code, contained in chapter 5, or both, as the context requires. “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. “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. “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. SUPP. 11 (1-2022) 5C-2 E XISTING B UILDING C ODE §5C-1-6 “ICC” means the International Code Council. “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. (2021, ord 21-61, sec 2.) 5C-1-6 Section 5C-1-7. Compliance required. (a) No person shall perform or cause to be performed any building work which does not comply with the provisions of this code or any permit issued pursuant to this code. (b) No person shall perform any work covered by this code in violation of the provisions of chapters 444 or 448E, Hawai‘i Revised Statutes. (c) Any approval or permit issued pursuant to the provisions of this code shall comply with all applicable requirements of this code. (d) The granting of a permit, variance, or approval of plans or specifications pursuant to this code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2021, ord 21-61, sec 2.) 5C-1-7 Section 5C-1-8. Conflict. (a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i State Building Code or the International Building Code, 2018 Edition, that have been incorporated by reference, the provisions of this code shall prevail as to all matters and questions arising out of the subject matter of such provisions. (b) In situations where two or more provisions of this code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2021, ord 21-61, sec 2.) 5C-1-8 Section 5C-1-9. References to model codes. (a) The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in section 5C-1-8. SUPP. 11 (1-2022) 5C-3 § 5C-1-9 H AWAI‘I C OUNTY C ODE (b) Wherever a model code is referenced in this code, the following shall apply: (1) The International Building Code shall mean the building code, chapter 5A, Hawai‘i County Code; (2) The International Residential Code, shall mean the residential building code, chapter 5B, Hawai‘i County Code; (3) The International Existing Building Code, shall mean the existing building code, chapter 5C, Hawai‘i County Code; (4) The International Electrical Code shall mean the electrical code, chapter 5D, Hawai‘i County Code; (5) The International Energy Conservation Code, shall mean the energy conservation code, chapter 5E, Hawai‘i County Code; (6) The International Plumbing Code shall mean the plumbing code, chapter 5F, Hawai‘i County Code; (7) The International Fuel Gas Code, the provisions of the International Fuel Gas Code shall be deemed to be only guidelines and not mandatory; (8) The International Mechanical Code, the provisions of the International Mechanical Code shall be deemed to be only guidelines and not mandatory; (9) The International Property Maintenance Code, the provisions of the International Property Maintenance Code shall be deemed to be only guidelines and not mandatory; and (10) The International Fire Code shall mean the fire code, chapter 26, Hawai‘i County Code. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment of appliance, the condition of the listing shall govern. (2021, ord 21-61, sec 2.) 5C-1-9 Article 2. Installation Requirements. Section 5C-2-1. International existing building code adopted. (a) The “International Existing Building Code, 2018 Edition,” as published by the International Code Council, Incorporated, 4051 Flossmoor Road, Country Club Hills, IL 60478, is adopted by reference and made a part of this code, subject to any amendments set forth in this chapter. Hereinafter, the “International Existing Building Code, 2018 Edition,” shall be referred to as the “International Existing Building Code.” The appendices of the International Existing Building Code are not adopted unless otherwise provided in this chapter. (b) The scope, technical specifications, and exemptions set forth in the International Existing Building Code are hereby adopted as the standard for building work covered by this code, provided there are no specific provisions in any other section of this code covering the particular matter. SUPP. 11 (1-2022) 5C-4 E XISTING B UILDING C ODE §5C-2-1 (c) A copy of the International Existing Building Code shall be available for public inspection at the Hilo and Kailua-Kona offices of the department of public works and at the office of the County clerk. (d) The International Existing Building Code adopted and incorporated by reference into this code, shall be subject to the amendments hereinafter set forth. (1) Chapter 1, Part 1 - “Scope and Administration,” of the International Existing Building Code is deleted in its entirety. (2) Chapter 1, Part 2 – “Administration and Enforcement” of the International Existing Building Code is deleted in its entirety. (3) Section 202, “Definitions,” of the International Existing Building Code is amended by adding the following definition: “FAMILY shall be as defined in the Zoning Code except that a nursing, care home, or other similar facility with not more than five patients may be considered a family under this code.” (4) Section 202, “GENERAL DEFINITIONS,” of the International Existing Building Code is amended by amending the following definitions to read as follows: “BUILDING. 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.” “CODE OFFICIAL. The director of the County department of public works, or the director’s authorized representative.” (5) Subsection 301.5, “Compliance with accessibility,” of the International Existing Building Code is amended to read as follows: “301.5 Compliance with accessibility. Accessibility requirements for existing buildings shall comply with the following: 1. Construction of State or County buildings or facilities shall comply with Section 103-50 Hawai‘i Revised Statutes. SUPP. 11 (1-2022) 5C-5 § 5C-2-1 H AWAI‘I C OUNTY C ODE 2. Americans with Disabilities Act Standards for Accessible Design. 3. Housing and urban development recognized “safe harbors” for compliance with the Fair Housing Acts design and construction requirements. 4. Pertinent laws relating with disabilities shall be administered and enforced by agencies responsible for their enforcement. Prior to the issuance of a building permit, the owner (or the owner’s representative, professional architect, or engineer) shall submit a statement that all requirements, relating to accessibility for persons with disabilities, shall be complied with.” (6) Section 303.3, “Seismic evaluation and design procedures,” is amended by adding a new subsection 303.3.3, “Pre-engineered bracing of post and pier foundations” to read as follows: “303.3.3 Pre-engineered bracing of post and pier foundations. For conventional light-framed single family residences two stories or less above grade, seismic bracing retrofits of elevated wood post and pier foundation systems shall be permitted to be pre-engineered designs for braces or shear walls constructed in accordance with FEMA Hazard Mitigation Grant Program DR-1664-HI drawings, “Structural Seismic Retrofits for Hawaii Single Family Residences with Post and Pier Foundations, May 2009.” (7) Section 405.2, “Repairs to damaged buildings” of the International Existing Building Code, is amended by adding subsections 405.2.1.2, “Walls Without Studs” and 405.2.1.3, “Boards for Single-Wall Construction” to read as follows: “Section 405.2.1.2 Walls without studs. 405.2.1.2.1 General. For Type V-B buildings, single-wall construction without studs may be used in accordance with this section for repairs to existing buildings of single-wall construction only. One-story and the uppermost story of wood frame Type V-B buildings may be of single-wall construction with board thickness specified in this section, without studs, when requirements of this section are met. Floor to ceiling height must not exceed 8 feet (2,438 mm). Any provision of this code to the contrary notwithstanding, studding of not less than 2-inches by 3-inches (51 mm by 76.2 mm) may be used on one-story buildings of double-wall construction. SUPP. 11 (1-2022) 5C-6 E XISTING B UILDING C ODE §5C-2-1 When wood-frame dwellings are supported by posts, 2-inch by 4-inch (51 mm by 102 mm) foundation bracing must be provided. For one-story conventional residential structures, the local practice of using foundation blocks with termite shields is acceptable in all areas except in flood hazard areas and for developments adjacent to drainage facilities as specified in chapter 27, Hawai‘i County Code. 405.2.1.3 Boards for single-wall construction. 405.2.1.3.1 One and one-eighth inch boards. Single-wall construction with boards of 1-1/8 inch (28.6 mm) net thickness are not required to have girts. 405.2.1.3.2 One-inch boards. Where single-wall construction is with boards of one-inch thickness (25.4 mm), no girt is required, provided approved stiffeners for any section of such wall are spaced not more than 10 feet (3048 mm) along the wall. 405.2.1.3.3 Three-fourths-inch boards. Single-wall construction with boards of 3/4-inch (19.1 mm) net thickness must have girts and cross partitions at least every 30 feet (9144 mm). 405.2.1.3.4 Approved stiffeners. Approved stiffeners must be studs at least 2-inches by 4-inches (51 mm by 102 mm), full height window or door jambs, posts, walls or partitions at right angles to the section of wall under construction. 405.2.1.3.5 Girts. Girts for single-wall construction must be not less than 2-inches by 6-inches (51 mm by 152 mm) belt course or other approved strengthening about mid height between the floor and ceiling on all exterior walls. 405.2.1.3.6 Complete load path. Blocking, bridging, straps, approved framing anchors or mechanical fasteners must be designed and installed to provide continuous ties from the roof to the foundation system. Sheet metal clamps, ties or clips, must be formed of ASTM A153 G90 galvanized steel or other approved corrosion-resistant material of not less than 0.040-inch (1.01 mm) nominal thickness. Uplift resistance must be in accordance with Table R802.11.” SUPP. 11 (1-2022) 5C-7 § 5C-2-1 H AWAI‘I C OUNTY C ODE (8) Subsection 506.4.2, “Snow and wind loads,” of the International Existing Building Code is amended to read as follows: “506.4.2 Snow and wind loads. Where a change of occupancy results in a structure being assigned to a higher risk category, or where the change is from a Group S or Group U occupancy to any occupancy other than Group S or Group U, the structure shall satisfy the requirements of Sections 1608 and 1609 of the Building Code, Chapter 5A, for the new risk category. Exceptions: 1. Where the area of the new occupancy is less than 10 percent of the building area, compliance with this section is not required. The cumulative effect of occupancy changes over time shall be considered. 2. Where the change is from a Group S or Group U occupancy, use of 75% of snow and wind forces shall be permitted.” (9) Subsection 506.4.3, “Seismic loads,” of the International Existing Building Code is amended to read as follows: “506.4.3 Seismic loads (seismic force-resisting system). Where a change of occupancy results in a building being assigned to a higher risk category, or where the change is from a Group S or Group U occupancy to any occupancy other than Group S or Group U, the building shall satisfy the requirements of Section 1613 of the Building Code, Chapter 5A, for the new risk category using full seismic forces. Exceptions: 1. Where the area of the new occupancy is less than 10 percent of the building area, and the new occupancy is not assigned to Risk Category IV, compliance with this section is not required. The cumulative effect of occupancy changes over time shall be considered. 2. Where a change of use results in a building being reclassified from Risk Category I or II to Risk Category III and the seismic coefficient, S, is less than 0.33, compliance with this DS section is not required. 3. Unreinforced masonry bearing wall buildings assigned to Risk Category III and to Seismic Design Category A or B, shall be permitted to use Appendix Chapter A1 of this code. 4. Where the change is from a Group S or Group U occupancy, use of reduced seismic forces shall be permitted.” SUPP. 11 (1-2022) 5C-8 E XISTING B UILDING C ODE §5C-2-1 (10) Subsection 706.2, “Addition or replacement of roofing or replacement of equipment,” of the International Existing Building Code is amended to read as follows: “706.2 Addition or replacement of roofing or replacement of equipment. Any existing gravity load-carrying structural element for which an alteration causes an increase in design dead, live or snow load, including snow drift effects, of more than 5 percent shall be replaced or altered as needed to carry the gravity loads required by the Building Code, Chapter 5A, for new structures. Exceptions: 1. Buildings of Group R occupancy with not more than five dwelling or sleeping units used solely for residential purposes where the altered building complies with the conventional light-frame construction methods of the Building Code, Chapter 5A, or the provisions of the Residential Building Code, Chapter 5B. 2. Buildings in which the increased dead load is due entirely to the addition of a second layer of roof covering or addition of 2 insulation, weighing 3 pounds per square foot (0.1437 kN/m) or less over an existing single layer of roof covering.” (11) Subsection 706.3.2, “Roof diaphragms resisting wind loads in high-wind regions,” of the International Existing Building Code is amended to read as follows: “706.3.2 Roof diaphragms resisting wind loads in high-wind regions. Where roofing materials are removed from more than 50 percent of the roof diaphragm or section of a building located where the basic wind speed, V, determined in accordance with Figure 1609.3(1) of the Building Code, Chapter 5A, is greater than 115 mph (51 m/s) or in a special wind region, as defined in Section 1609 of the Building Code, Chapter 5A, roof diaphragms, connections of the roof diaphragm to the roof framing members, and roof-to-wall connections shall be evaluated for the wind loads specified in the Building Code, Chapter 5A, including wind uplift. If the diaphragms and connections in their current condition are not capable of resisting 75 percent of those wind loads, they shall be replaced or strengthened in accordance with at least 75 percent of the loads specified in the Building Code, Chapter 5A.” SUPP. 11 (1-2022) 5C-9 § 5C-2-1 H AWAI‘I C OUNTY C ODE (12) Subsection 1006.2, “Snow and wind loads” of the International Existing Building Code is amended to read as follows: “1006.2 Snow and wind loads. Where a change of occupancy results in a structure being assigned to a higher risk category or where the change is from a Group S or Group U occupancy to any occupancy other than Group S or Group U, the structure shall satisfy the requirements of Sections 1608 and 1609 of the Building Code, Chapter 5A, for the new risk category. Exceptions: 1. Where the area of the new occupancy is less than 10 percent of the building area, the cumulative effect of occupancy changes over time shall be considered. 2. Where the change is from a Group S or Group U occupancy, use of 75% of snow and wind forces shall be permitted.” (13) Subsection 1006.3, “Seismic loads” of the International Existing Building Code is amended to read as follows: “1006.3 Seismic loads. Where a change of occupancy results in a building being assigned to a higher risk category or where the change is from a Group S or Group U occupancy to any occupancy other than Group S or Group U, the building shall satisfy the requirements of Section 1613 of the Building Code, Chapter 5A, for the new risk category using full seismic forces. Exceptions: 1. Where a change of use results in a building being reclassified from Risk Category I or II to Risk Category III and the seismic coefficient, SDS, is less than 0.33. 2. Where the area of the new occupancy is less than 10 percent of the building area and the new occupancy is not assigned to Risk Category IV. The cumulative effect of occupancy changes over time shall be considered. 3. Unreinforced masonry bearing wall buildings assigned to Risk Category III and to Seismic Design Category A or B shall be permitted to use Appendix Chapter A1 of this code. 4. Where the change is from a Group S or Group U occupancy, use of reduced seismic forces shall be permitted.” (2021, ord 21-61, sec 2.) 5C-2-1 SUPP. 11 (1-2022) 5C-10 E XISTING B UILDING C ODE §5C-4-1 Article 3. Reserved Article 4. Building Work Within Special Flood Hazard Areas. Section 5C-4-1. General applicability. (a) The provisions of this article shall apply to new construction or the renovation and major alteration, addition, or reinstallation of any existing buildings or structures, within a special flood hazard area as identified by chapter 27, Hawai‘i County Code. Such construction work shall comply with chapter 16 of the International Building Code, and chapter 27, Floodplain Management. (b) The provisions of this article shall not apply to the following: (1) Any building or structure exempted from chapter 27; (2) Any building or structure which has been granted a flood control variance pursuant to article 5, chapter 27; or (3) Any building or structure lawfully existing prior to November 8, 1993, subject to the provisions of chapter 27. (2021, ord 21-61, sec 2.) 5C-4-1 Section 5C-4-2. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Base flood elevation” means the water surface elevation of the base flood. “Flood or flooding” means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation or runoff of surface waters from any source; or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition. “Special flood hazard area” means an area having special flood or flood-related erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V. SUPP. 11 (1-2022) 5C-11 § 5C-4-2 H AWAI‘I C OUNTY C ODE “Water-tight” when referring to construction below the inundation level, means constructed to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of inundation. (2021, ord 21-61, sec 2.) 5C-4-2 Section 5C-4-3. General requirements. Contractor will provide a certified flood zone elevation mark on jobsite for flood zone elevation reference point. (2021, ord 21-61, sec 2.) 5C-4-3 SUPP. 11 (1-2022) 5C-12 CHAPTER 5D ELECTRICAL CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Chapter 9, “electrical code,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5D. Article 1. General Provisions. Section 5D-1-1. Title. Section 5D-1-2. Purpose. Section 5D-1-3. Scope; exceptions. Section 5D-1-4. Administrative provisions. Section 5D-1-5. Existing electrical installations. Section 5D-1-6. Definitions. Section 5D-1-7. Compliance required. Section 5D-1-8. Conflict. Article 2. Installation Requirements. Section 5D-2-1. National electrical code adopted. Article 3. Electrical Work Within Special Flood Hazard Areas. Section 5D-3-1. General applicability. Section 5D-3-2. Definitions. Section 5D-3-3. General Requirements. Section 5D-3-4. Services. Section 5D-3-5. Ground fault protection. Section 5D-3-6. Wiring method and material. SUPP. 11 (1-2022) i This page intentionally left blank. ELECTRICAL CODE § 5D-1-1 CHAPTER 5D ELECTRICAL CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Chapter 9, “electrical code,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5D. Article 1. General Provisions. Section 5D-1-1. Title. This chapter shall be known as the “electrical code.” (2020, ord 20-61, sec 4.) 5D-1-1 Section 5D-1-2. Purpose. The purpose of this chapter is to reduce the hazards to persons and property from electrical causes by establishing minimum standards for electrical installations in the County. (2020, ord 20-61, sec 4.) 5D-1-2 Section 5D-1-3. Scope; exceptions. This chapter shall apply to electrical installations within the County inland of the shoreline high-water line. This chapter shall not apply to work or installations not covered by the National Electrical Code, 2017 Edition, as adopted by chapter 5D, this electrical code. (2020, ord 20-61, sec 4; am 2021, ord 21-61, sec 20.) 5D-1-3 Section 5D-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. (2020, ord 20-61, sec 4.) 5D-1-4 Section 5D-1-5. Existing electrical installations. Electrical installations in existence and permitted pursuant to applicable laws and standards in effect when the electrical work thereon was performed, shall not be deemed to be in violation of subsequent changes to applicable laws or standards, provided that such installations shall be subject to the provisions of section 5-2-3 of the construction administrative code. (2020, ord 20-61, sec 4.) 5D-1-5 SUPP. 11 (1-2022) 5D-1 § 5D-1-6 H AWAI‘I C OUNTY C ODE Section 5D-1-6. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: “Article” means an article of a chapter of the National Electrical Code. “Authority having jurisdiction” means the director of the department of public works, or the director's authorized representative. “Building Official” means the director of the department of public works, or the director's authorized representative. “Chapter” means chapter 5D, the electrical code, or chapter 5, the construction administrative code, or both, as the context requires. “This code” means the electrical code, contained in chapter 5D, or the construction administrative code, contained in chapter 5, or both, as the context requires. “Dwelling” 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” 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. “Electrical work” means the installation, alteration, reconstruction, or repair of electrical wiring. “Inundation level” means the maximum expected water level due to flooding by rainfall runoff, wind, waves, and tsunamis as established by the authority having jurisdiction. “NEC” means the National Electrical Code, NFPA 70, 2017 Edition, published by the National Fire Protection Association. “NFPA” means the National Fire Protection Association. “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. SUPP. 11 (1-2022) 5D-2 ELECTRICAL CODE § 5D-1-6 “Person” means any individual, firm, partnership, association, or corporation; or its or their successors or assigns, according to the context thereof. “Portable appliances” means any cord/plug connected device that is readily moveable. “Qualified person” a person holding a valid, unexpired, and unrevoked journey worker electrician, journey worker specialty electrician, supervising electrician, or supervising specialty electrician license under chapter 448E, Hawai’i Revised Statues, and who has skills and knowledge related to the construction and operation of the electrical equipment and installations and has received safety training to recognize and avoid the hazards involved. (2020, ord 20-61, sec 4; am 2021, ord, 21-61, sec 21.) 5D-1-6 Section 5D-1-7. Compliance required. (a) No person shall perform or cause to be performed any electrical work which does not comply with the provisions of this code or any permit issued pursuant to this code. (b) No person shall perform any work covered by this code in violation of the provisions of chapter 448E, Hawai‘i Revised Statutes. (c) Any approval or permit issued pursuant to the provisions of this code shall comply with all applicable requirements of this code. (d) The granting of a permit, variance, or approval of plans or specifications pursuant to this code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2020, ord 20-61, sec 4.) 5D-1-7 Section 5D-1-8. Conflict. (a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i State Electrical Code or the National Electrical Code that have been incorporated by reference, the provisions of this code shall prevail as to all matters and questions arising out of the subject matter of such provisions. (b) In situations where two or more provisions of this code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2020, ord 20-61, sec 4.) 5D-1-8 SUPP. 11 (1-2022) 5D-3 § 5D-2-1 H AWAI‘I C OUNTY C ODE Article 2. Installation Requirements. Section 5D-2-1. National electrical code adopted. (a) The National Electrical Code, 2017 Edition, published by the National Fire Protection Association, One Batterymarch Park, Quincy MA, 02169-7471, including appendices, is incorporated by reference and made a part of this code, subject to any amendments hereinafter set forth in this chapter. (b) The scope, technical specifications, and exemptions set forth in the National Electrical Code, 2017 Edition, are hereby adopted as the standard for electrical work covered by this code, provided there are no specific provisions in any other section of this code covering the particular matter. (c) A copy of the National Electrical Code, 2017 Edition, shall be available for public inspection at the Hilo and Kailua-Kona offices of the department of public works and at the office of the County clerk. (2020, ord 20-61, sec 4.) 5D-2-1 SUPP. 11 (1-2022) 5D-4 ELECTRICAL CODE § 5D-3-1 Article 3. Electrical Work Within Special Flood Hazard Areas. Section 5D-3-1. General applicability. (a) The provisions of this article shall apply to the: installation of any new electrical system; or the renovation and major alteration, addition, or reinstallation of any existing electrical system, within a special flood hazard area as identified by chapter 27, Hawai‘i County Code. All installations shall comply with chapter 27, Floodplain Management. (b) The provisions of this article shall not apply to the following: (1) Any electrical system serving a building or structure exempted from chapter 27; (2) Any electrical system serving a building or structure which has been granted a flood control variance pursuant to article 5, chapter 27; or (3) Any electrical system lawfully existing prior to November 8, 1993, subject to the provisions of chapter 27. (2020, ord 20-61, sec 4.) 5D-3-1 Section 5D-3-2. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Base flood elevation” means the water surface elevation of the base flood. “Flood or flooding” means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation or runoff of surface waters from any source; or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition. “Special flood hazard area” means an area having special flood or flood-related erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V. SUPP. 9 (1-2021) 5D-5 § 5D-3-2 H AWAI‘I C OUNTY C ODE “Water-tight” when referring to construction below the inundation level, means constructed to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of inundation. (2020, ord 20-61, sec 4.) 5D-3-2 Section 5D-3-3. General Requirements. Contractor will provide a certified flood zone elevation mark on jobsite for flood zone elevation reference point. (2020, ord 20-61, sec 4.) 5D-3-3 Section 5D-3-4. Services. (1) Location. Service equipment shall be located above the inundation level, or where permitted per chapter 27, shall be installed in a water-tight enclosure, room, or vault, and shall be readily accessible in any case. (2) Ground Fault Protection. Ground fault protection shall be provided for all grounded wye electrical services. (2020, ord 20-61, sec 4.) 5D-3-4 Section 5D-3-5. Ground fault protection. Approved ground fault circuit protection shall be provided for all feeder and branch circuits below or extending into inundation level. (2020, ord 20-61, sec 4.) 5D-3-5 Section 5D-3-6. Wiring method and material. Equipment such as transformers, fuses, panelboards, switchboards, disconnects, circuit breakers, controllers and other devices used for control, disconnecting means, ground fault protection, or overcurrent protection shall be located above the inundation level, unless made of water-tight construction and permitted per chapter 27. (2020, ord 20-61, sec 4.) 5D-3-6 SUPP. 9 (1-2021) 5D-6 CHAPTER 5E ENERGY CONSERVATION CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Article 5 of chapter 5, “energy conservation,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5E. Article 1. General Provisions. Section 5E-1-1. Title. Section 5E-1-2. Purpose. Section 5E-1-3. Scope; exceptions. Section 5E-1-4. Administrative provisions. Section 5E-1-5. Existing construction and installations. Section 5E-1-6. Definitions. Section 5E-1-7. Compliance required. Section 5E-1-8. Conflict. Article 2. Installation Requirements. Section 5E-2-1. International Energy Conservation Code adopted. SUPP. 11 (1-2022) i This page intentionally left blank. E NERGY C ONSERVATION C ODE§5E-1-1 CHAPTER 5E ENERGY CONSERVATION CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Article 5 of chapter 5, “energy conservation,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5E. Article 1. General Provisions. Section 5E-1-1. Title. This chapter shall be known as the “energy conservation code.” (2020, ord 20-61, sec 5.) 5E-1-1 Section 5E-1-2. Purpose. The purpose of this chapter is to promote the design of energy-efficient building envelopes and installation of energy-efficient mechanical, lighting, and power systems by establishing minimum standards that promote modern and up-to-date energy- efficient performance in the construction, alteration, or equipment of buildings or structures in the County of Hawai‘i. (2020, ord 20-61, sec 5.) 5E-1-2 Section 5E-1-3. Scope; exceptions. This chapter sets forth minimum requirements for the design and construction of buildings for the effective use of energy and is intended to provide flexibility to allow the use of innovative approaches and techniques to achieve the effective use of energy. It shall apply to all commercial and residential buildings, building sites, and associated systems and equipment within the County inland of the shoreline high-water line. Exceptions to these minimum requirements are listed below: This chapter shall not apply to: (1) Work or installations not covered by the International Energy Conservation Code, 2015 Edition, as adopted and amended by the State Energy Conservation Code, chapter 3-181.1, Hawai‘i Administrative Rules; (2) Work on buildings or premises owned by or under the direct control of the Federal government; or (3) Agricultural buildings, structures, and appurtenances without electrical power and plumbing systems are exempt from permit and construction code requirements, pursuant to section 46-88, Hawai‘i Revised Statutes, except as otherwise provided for in this construction code. (2020, ord 20-61, sec 5.) 5E-1-3 Section 5E-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. (2020, ord 20-61, sec 5.) 5E-1-4 SUPP. 11 (1-2022) 5E-1 § 5E-1-5 H AWAI‘I C OUNTY C ODE Section 5E-1-5. Existing construction and installations. Construction and installations in existence and permitted pursuant to applicable laws and standards in effect when the work thereon was performed, shall not be deemed to be in violation of subsequent changes to applicable laws or standards, provided that such installations shall be subject to the provisions of section 5-2-3 of the construction administrative code. (2020, ord 20-61, sec 5.) 5E-1-5 Section 5E-1-6. Definitions. “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. “This code” means the energy conservation code, contained in chapter 5E, or the construction administrative code, contained in chapter 5, or both, as the context requires. “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. “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. “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. “ICC” means the International Code Council. “ICC section” means a section of a chapter of the International Energy Conservation Code. “IECC” means the ICC, International Energy Conservation Code, 2015 edition, as copyrighted by the International Code Council. “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: SUPP. 11 (1-2022) 5E-2 E NERGY C ONSERVATION C ODE§5E-1-6 (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. “Section” means a section of a chapter of the Uniform Plumbing Code. (2020, ord 20-61, sec 5; am 2021, ord 21-61, secs 22 and 23.) 5E-1-6 Section 5E-1-7. Compliance required. (a) No person shall perform or cause to be performed any work which does not comply with the provisions of this code or any permit issued pursuant to this code. (b) No person shall perform any work covered by this code in violation of the provisions of chapter 444, Hawai‘i Revised Statutes. (c) Any approval or permit issued pursuant to the provisions of this code shall comply with all applicable requirements of this code. (d) The granting of a permit, variance, or approval of plans or specifications pursuant to this code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2020, ord 20-61, sec 5.) 5E-1-7 Section 5E-1-8. Conflict. (a) If any provisions of this code conflict with or contravene provisions of the State Energy Code, found in chapter 3-181, Hawai‘i Administrative Rules, or the International Energy Conservation Code, 2015 Edition, that have been incorporated by reference, the provisions of this code shall prevail as to all matters and questions arising out of the subject matter of such provisions. (b) In situations where two or more provisions of this code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2020, ord 20-61, sec 5.) 5E-1-8 Article 2. Installation Requirements. Section 5E-2-1. International Energy Conservation Code adopted. (a) The “International Energy Conservation Code, 2015 Edition” herein referred to as the “International Energy Conservation Code,” as copyrighted and published in 2015 by the International Code Council, Incorporated, 500 New Jersey Avenue, 6th Floor, Washington, DC 20001, is incorporated by reference and made a part of this chapter, subject to the amendments hereinafter set forth in this article. SUPP. 11 (1-2022) 5E-3 § 5E-2-1 H AWAI‘I C OUNTY C ODE The appendices of the International Energy Conservation Code are not adopted except as provided in this article. A copy of the International Energy Conservation Code shall be available for public inspection at the Hilo and Kailua-Kona offices of the department of public works and at the office of the County clerk. (b) This incorporation by reference includes all parts of the International Energy Conservation Code, 2015 Edition, subject to the amendments hereinafter set forth. (1) Subsection C101.1 of the International Energy Conservation Code is amended to read as follows: “C101.1 Title. This code shall be known as the Energy Conservation Code and shall be cited as such. “This code” when used within the International Energy Conservation Code as incorporated by reference herein, means the Energy Conservation Code of the County of Hawai‘i.” (2) Subsections C101.2 and C101.3 of the International Energy Conservation Code are deleted in their entirety. (3) Subsection C101.4 of the International Energy Conservation Code is amended to read as follows: “C101.4 Applicability. Where, in any specific case, different sections of this code or other adopted codes specify different materials, methods of construction or other requirements, the code official shall determine which code requirements shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.” (4) Subsection C102.1 of the International Energy Conservation Code is amended to read as follows: “C102.1 General. This code is not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed herein, provided that such construction, design or insulating system has been approved by the code official as meeting the intent of this code. The code official may allow alternative energy conservation standards for nonstandard building materials, unique or limitations of design, special methods of construction, and geographical location. The code official may require construction plans, research reports, and tests prepared by a registered design professional in order to determine whether to allow such lower standards.” SUPP. 11 (1-2022) 5E-4 E NERGY C ONSERVATION C ODE§5E-2-1 (5) Subsection C103.1 of the International Energy Conservation Code is amended to read as follows: “C103.1 General. Construction documents and other supporting data shall be submitted to indicate compliance with this code. The construction documents shall be prepared, designed, approved, and observed by a duly registered licensed professional as required by chapter 464, Hawai‘i Revised Statutes and in accordance with the provisions of chapter 5, Hawai‘i County Code. The licensed professional shall certify via a signed statement on the plans, that the project complies with this code. Exception: Any building work that is not required to be prepared, designed, approved, or observed by a licensed professional architect or engineer pursuant to chapter 464, Hawai‘i Revised Statutes, shall be certified by the owner.” (6) Subsections C103.3.2 and C103.3.3 of the International Energy Conservation Code are deleted in their entirety. (7) Sections C104 and C105 of the International Energy Conservation Code are deleted in their entirety. (8) Sections C107 through C109 of the International Energy Conservation Code are deleted in their entirety. (9) Subsection C202 of the International Energy Conservation Code is amended by adding the following new definitions to be appropriately inserted and to read as follows: “CODE OFFICIAL. The director of the department of public works of the County of Hawai‘i, the director’s authorized representative, or other designated authority charged with the administration and enforcement of this code.” “COOL ROOF. A cool roof is a roofing system that can deliver high solar reflectance, and high thermal emittance as specified in table C402.3.” “HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.” SUPP. 9 (1-2021) 5E-5 § 5E-2-1 H AWAI‘I C OUNTY C ODE “OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code.” “UNCONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the unconditioned space.” “UNCONDITIONED SPACE. An area, room or space that is enclosed within the building thermal envelope and is not directly nor indirectly heated or cooled.” (10) Subsection C401.2 of the International Energy Conservation Code is amended to read as follows: “C401.2 Application. Commercial buildings shall comply with one of the following: 1. The requirements of ANSI/ASHRAE/IESNA 90.1. 2. The requirements of Sections C402 through C405. In addition, commercial buildings shall comply with Section C406 and tenant spaces shall comply with Section C406.1.1. 3. The requirements of Sections C402.5, C403.2, C404, C405.2, C405.3, C405.5, C405.6 and C407. The building energy cost shall be equal to or less than 85 percent of the standard reference design building. Exception: For buildings 2,500 square feet or less with 4 tons of cooling or less where it is determined by the code official that the building configuration is similar to that of a residential building, the requirements in Sections R401.2.1 Tropical Zone shall be permitted to be used.” (11) Subsection C402.1.1 of the International Energy Conservation Code is amended to read as follows: “C402.1.1 Low-energy use buildings. The following low-energy use buildings, or portions thereof separated from the remainder of the building by building thermal envelope assemblies complying with this section, shall be exempt from the building thermal envelope provisions of Section C402. 1. Those with a peak design rate of energy usage less than 3.4 222 (10.7 W/m) or 1.0 watt per square foot (10.7 W/m) Btu/hft of floor area for space conditioning purposes. 2. Unconditioned space that does not contain occupiable space and/or habitable space. SUPP. 9 (1-2021) 5E-6 E NERGY C ONSERVATION C ODE§5E-2-1 3. Greenhouses. 4. Open park pavilions where there is no enclosed space.” (12) Table C402.1.3 from the International Energy Conservation Code is deleted in its entirety and replaced with the following: “TABLE C402.1.3 OPAQUE THERMAL ENVELOPE INSULATION COMPONENT a - CLIMATE ZONE 1 MINIMUM REQUIREMENTS, R-VALUE METHOD CLIMATE ZONE 1 All other Group R Roofs Insulation entirely above R-10ci R-12.5ci roof deck a, bcc Metal buildings R-30 or R-19 with cool roof R-30 or R-19 with cool roof cc Attic and other R-30 or R-19 with cool roof R-30 or R-19 with cool roof Walls, above grade dd Mass R-5.7ci R-5.7ci Metal building R-13 + R-6.5ci R-13 + R-6.5ci Metal framed R-13 + R-5ci R-13 + R-5ci Wood framed and other R-13 + R-3.8ci or R-20 R-13 + R-3.8ci or R-20 Walls, below grade Below-grade wall NR NR Floors Mass NR NR Joist/framing NR NR Slab-on-grade floors Unheated slabs NR NR Heated slabs R-7.5 for 12” below R-7.5 for 12” below Opaque doors Nonswinging R-4.75 R-4.75 SUPP. 9(1-2021) 5E-7 § 5E-2-1 H AWAI‘I C OUNTY C ODE 2 For SI:1 inch = 25.4 mm, 1 pound per square foot = 4.88 kg/m, 3 1 pound per cubic foot = 16 kg/m. ci = Continuous insulation, NR = No requirement, LS = Liner system. a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA Appendix A. b. Where using R-value compliance method, a thermal spacer block shall be provided, otherwise use the U-factor compliance method in Table C402.1.4. c. Cool roof is defined as a roof with three-year aged solar reflectance of 0.55 and 3-year aged thermal emittance of 0.75 or 3-year aged solar reflectance index of 64. d. R-5.7ci is allowed to be substituted with concrete block walls complying with ASTM C 90, ungrouted or partially grouted at 32 inches or less on center vertically and 48 inches or less on center horizontally, with ungrouted cores filled 2 with materials having maximum thermal conductivity of 0.44 Btu-in/h-f °F. See Section C402.2.3.” (13)Subsection C402.2.3 of the International Energy ConservationCode is amended to read as follows: “C402.2.3 Thermal resistance of above-grade walls. The minimum thermal resistance (R-value) of materials installed in the wall cavity between framing members and continuously on the walls shall be as specified in Table C402.1.3, based on framing type and construction materials used in the wall assembly. Exceptions: Continuous insulation for wood, metal framed, and mass walls are not required when at least one of the following conditions is met: 1. Walls have a covering w 2. Walls have overhangs with a projection factor equal to or greater than 0.3. The projection factor is the horizontal distance from the surface of the wall to the farthest most point of the overhang divided by the vertical distance from the first floor level to the bottom most point of the overhang. 3. Concrete, CMU, and similar mass walls are 6 inches or greater in thickness. The R-value of integral insulation installed in concrete masonry units shall not be used in determining compliance with Table C402.1.3. “Mass walls” shall include walls: 2 ) of wall surface 1. Weighing not less than 35 psf (170 kg/m area. 2 ) of wall surface area 2. Weighing not less than 25 psf (120 kg/m where the material weight is not more than 120 pcf (1900 3 ). kg/m SUPP. 9 (1-2021) 5E-8 E NERGY C ONSERVATION C ODE§5E-2-1 2 2 3. Having a heat capacity exceeding 7 Btu/ft• °F (144 kJ/m• K). 2 2 4. Having a heat capacity exceeding 5 Btu/ft• °F (103 kJ/m• K), where the material weight is not more than 120 pcf (1900 3 kg/m).” (14) Table C402.4 from the International Energy Conservation Code is deleted in its entirety and replaced with the following: “TABLE C402.4 BUILDING ENVELOPE FENESTRATION MAXIMUM U-FACTOR AND SHGC REQUIREMENTS - CLIMATE ZONE 1 CLIMATE ZONE 1 Vertical fenestration U-factor Fixed fenestration 0.50 Operable fenestration 0.65 Entrance doors 1.10 b SHGC a Orientation SEW N PF < 0.2 0.25 0.33 0.30 0.37 0.40 0.40 Skylights U-factor 0.75 SHGC 0.35 NR = No requirement, PF = Projection factor. a. “N” indicates vertical fenestration oriented within 45 degrees of true north. “SEW” indicates orientations other than “N.” For buildings in the southern hemisphere, reverse south and north. b. Exception: Jalousie windows are exempt from SHGC requirements.” SUPP. 9(1-2021) 5E-9 § 5E-2-1 H AWAI‘I C OUNTY C ODE (15) A new subsection C402.4.3.5 is added to the International Energy Conservation Code to read as follows: “C402.4.3.5 Area-weighted SHGC. In commercial buildings, an area-weighted average of fenestration products shall be permitted to satisfy SHGC requirements. Exception: Jalousie windows are exempt from SHGC requirements.” (16) Subsection C402.5 of the International Energy Conservation Code is amended to read as follows: “C402.5 Air leakage-thermal envelope (Mandatory). The thermal envelope of buildings shall comply with Sections C402.5.1 through C402.5.8, or the building thermal envelope shall be tested in accordance with ASTM E 779 at a pressure differential of 0.3 inch water gauge (75 Pa) and deemed to comply with the provisions of this section when the tested air leakage rate of the building thermal 2 2 (0.2 L/s• m). Where envelope is not greater than 0.40 cfm/ft compliance is based on such testing, the building shall also comply with Sections C402.5.5, C402.5.6 and C402.5.7.” (17) A new subsection C403.2.4.2.4 is added to the International Energy Conservation Code to read as follows: “C403.2.4.2.4 Door switches. Opaque and glass doors opening to the outdoors in hotel and motel sleeping units, guest suites, and time- share condominiums, shall be provided with controls that disable the mechanical cooling or reset the cooling setpoint to 90° F or greater within five minutes of the door opening. Mechanical cooling may remain enabled if the outdoor air temperature is below the space temperature.” (18) Subsection C405.2 of the International Energy Conservation Code is amended to read as follows: “C405.2 Lighting controls (Mandatory). Lighting systems shall be provided with controls as specified in Sections C405.2.1, C405.2.2, C405.2.3, C405.2.4 and C405.2.5. Exceptions: Lighting controls are not required for the following: 1. Areas designated as security or emergency areas that are required to be continuously lighted. 2. Interior exit stairways, interior exit ramps and exit passageways. 3. Emergency egress lighting that is normally off. SUPP. 9 (1-2021) 5E-10 E NERGY C ONSERVATION C ODE§5E-2-1 4. Spaces where the designed lighting power densities are less than 70% of the lighting power densities specified in Table C405.4.2(1) and Table C405.4.2(2).” (19) Subsection C405.2.4 of the International Energy Conservation Code is amended to read as follows: “C405.2.4 Specific application controls. Specific application controls shall be provided for the following: 1. Display and accent light shall be controlled by a dedicated control that is independent of the controls for other lighting within the room or space. 2. Lighting in cases used for display case purposes shall be controlled by a dedicated control that is independent of the controls for other lighting within the room or space. 3. Hotel and motel sleeping units, guest suites, and time-share condominiums shall have a master control device that is capable of automatically switching off all installed luminaires and switched receptacles within 20 minutes after all occupants leave the room. Exception: Lighting and switched receptacles controlled by captive key systems. 4. Supplemental task lighting, including permanently installed under-shelf or under-cabinet lighting, shall have a control device integral to the luminaires or be controlled by a wall- mounted control device provided that the control device is readily accessible. 5. Lighting for nonvisual applications, such as plant growth and food warming, shall be controlled by a dedicated control that is independent of the controls for other lighting within the room or space. 6. Lighting equipment that is for sale or for demonstrations in lighting education shall be controlled by a dedicated control that is independent of the controls for other lighting within the room or space.” (20) A new subsection C405.10 is added to the International Energy Conservation Code to read as follows: “C405.10 Sub-metering (Mandatory). In new buildings with tenants, metering shall be collected for the entire building and individually for each tenant occupying 1,000 ft² (total enclosed and unenclosed) (93 m³) or more. Tenants shall have access to data collected for their space. A tenant is defined as “one who rents or leases from a landlord.” SUPP. 9 (1-2021) 5E-11 § 5E-2-1 H AWAI‘I C OUNTY C ODE (21) Subsection C406.3 of the International Energy Conservation Code is amended to read as follows: “C406.3 Reduced lighting power density. The total interior lighting power (watts) of the building shall be determined by using 80 percent of the lighting power values specified in Table C405.4.2(1) times the floor area for the building types, or by using 80 percent of the interior lighting power allowance calculated by the Space-by-Space Method in Section C405.4.2.” (22) Subsection C408.2 of the International Energy Conservation Code is amended to read as follows: “C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements. The registered design professional or approved agency shall provide evidence of mechanical systems commissioning and completion in accordance with the provisions of this section to the owner or owner’s authorized agent. Construction document notes shall clearly indicate provisions for commissioning and completion requirements in accordance with this section and are permitted to refer to specifications for further requirements. Copies of all documentation shall be given to the owner or owner’s authorized agent and made available to the code official upon request in accordance with Sections C408.2.4 and C408.2.5. Exceptions: The following systems are exempt: 1. Mechanical systems and service water heater systems in buildings where the total mechanical equipment capacity is less than 480,000 Btu/h (140.7 kW) cooling capacity and 600,000 Btu/h (175.8 kW) combined service water-heating and space-heating capacity. 2. Systems included in Section C403.3 that serve individual dwelling units and sleeping units.” (23) Subsection C408.2.4.1 of the International Energy Conservation Code is deleted in its entirety. (24) Subsection C408.3.1 of the International Energy Conservation Code is amended to read as follows: “C408.3.1 Functional Testing. The registered design professional shall provide to the owner or owner’s representative evidence that the lighting control systems have been tested to ensure that control SUPP. 9 (1-2021) 5E-12 E NERGY C ONSERVATION C ODE§5E-2-1 hardware and software are calibrated, adjusted, programmed and in proper working condition in accordance with the construction documents and manufacturer’s instructions. Functional testing shall be in accordance with Sections C408.3.1.1 and C408.3.1.2 for the applicable control type.” (25) Subsection C501.4 of the International Energy Conservation Code is amended to read as follows: “C501.4 Compliance. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions and regulations for alterations, repairs, additions and changes of occupancy or relocation, as adopted by the building official.” (26) Subsection C503.3.1 of the International Energy Conservation Code is amended to read as follows: “C503.3.1 Roof replacement. Roof replacement of uninsulated roofs shall include at least one of the following: 1. Energy Star compliant roof covering; 2. Radiant barrier; or 3. Attic ventilation via solar attic fan(s), or ridge ventilation, or gable ventilation.” (27) Subsection R101.1 of the International Energy Conservation Code is amended to read as follows: “R101.1 Title. This code shall be known as the Energy Conservation Code, and shall be cited as such. “This code” when used within the International Energy Conservation Code as incorporated by reference herein, means the Energy Conservation Code of Hawai‘i County.” (28) Subsection R103.1 of the International Energy Conservation Code is amended to read as follows: “R103.1 General. Construction documents and other supporting data shall be submitted to indicate compliance with this code. The construction documents shall be prepared, designed, approved, and observed by a duly registered licensed professional as required by chapter 464, Hawai‘i Revised Statutes and in accordance with the provisions of chapter 5, Hawai‘i County Code. The licensed professional shall certify via a signed statement on the plans, that the project complies with this code. SUPP. 9 (1-2021) 5E-13 § 5E-2-1 H AWAI‘I C OUNTY C ODE Exception: Any building, electrical, or plumbing work that is not required to be prepared, designed, approved, or observed by a licensed professional architect or engineer pursuant to chapter 464, Hawai‘i Revised Statutes, shall be certified by the owner.” (29) Subsections R103.3.2 and R103.3.3 of the International Energy Conservation Code are deleted in their entirety. (30) Subsection R202 of the International Energy Conservation Code is amended by adding the following new definitions to be appropriately inserted and to read as follows: “CODE OFFICIAL. The director of the department of public works of the County of Hawai‘i, the director’s authorized representative, or other designated authority charged with the administration and enforcement of this code.” “COOL ROOF. A cool roof is a roofing system that can deliver high solar reflectance, and high thermal emittance as specified in table C402.3.” “HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, garages or carports, and similar areas are not considered habitable spaces.” “OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code.” “UNCONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the unconditioned space.” “UNCONDITIONED SPACE. An area, room or space that is enclosed within the building thermal envelope and is not directly nor indirectly heated or cooled.” (31) Subsection R401.2 of the International Energy Conservation Code is amended to read as follows: “R401.2 Compliance. Projects shall comply with one of the following: 1. Sections R401.3 through R404. 2. Section R405 and the provisions of Sections R401 through R404 labeled “Mandatory.” SUPP. 9 (1-2021) 5E-14 E NERGY C ONSERVATION C ODE§5E-2-1 3. An energy rating index (ERI) approach in Section R406. 4. The tropical zone requirements in Section R401.2.1 and R401.3.” (32) Subsection R401.2.1 of the International Energy Conservation Code is amended to read as follows: “R401.2.1 Tropical zone. Residential buildings in the tropical zone at elevations below 5,000 feet above sea level shall be deemed to comply with this chapter where the following conditions are met: 1. Not more than one-half of the dwelling unit area is air conditioned. 2. The dwelling unit is not heated. 3. Solar, wind, or other renewable energy source supplies not less than 90 percent of the energy for service water heating. Exception: A water heating device as approved via Solar Hot Water Heater Variance by the Department of Business, Economic Development & Tourism, Hawai‘i State Energy Office. 4. Glazing in dwelling units shall have a maximum solar heat gain coefficient as specified in Table R401.2.1. TABLE 401.2.1 VERTICAL FENESTRATION GLAZING SHGC REQUIREMENTS PROJECTION FACTOR (pf) OF OVERHANG FROM BASE OF SHGC AVERAGE VERTICAL FENESTRATION GLAZING SILL* < 0.30 0.25 0.30 – 0.49 0.40 N/A *Exceptions: a. North-facing vertical fenestration glazing with pf > 0.20 are exempt from SHGC requirements. Overhangs shall extend 2 feet on each side of vertical fenestration glazing or to nearest wall, whichever is less. b. Jalousie windows are exempt from SHGC requirements. c. “N” indicates vertical fenestration oriented within 45 degrees of true north. “SEW” indicates orientations other than “N”. SUPP. 9 (1-2021) 5E-15 § 5E-2-1 H AWAI‘I C OUNTY C ODE 5. Skylights in dwelling units shall have a maximum U-factor as specified in Table R402.1.2. 6. Permanently installed lighting is in accordance with Section R404. 7. The roof/ceiling complies with one of the following options: A. Comply with one of the roof surface options in Table C402.3 and install R-13 insulation or greater. B. Install R-19 insulation or greater. If present, attics above the insulation are vented and attics below the insulation are unvented. Exception: The roof/ceiling assembly is permitted to comply with Section R407. 8. Operable fenestration provides ventilation area equal to not less than 14 percent of the floor area in each habitable room. Alternatively, equivalent ventilation of 2 air changes per hour is provided by a mechanical ventilation fan. 9. Bedrooms with exterior walls facing two different directions have operable fenestration on exterior walls facing two different directions. 10. Interior doors to bedrooms are capable of being secured in the open position. 11. A ceiling fan, ceiling fan rough-in, or whole-house fan is provided for bedrooms and the largest space that is not used as a bedroom. 12. Walls, floors, and ceilings separating air conditioned spaces from non-air conditioned spaces shall be constructed to limit air leakage in accordance with the requirements in Table R402.4.1.1. Blower door test is optional.” (33) Subsection R401.3 of the International Energy Conservation Code is amended to read as follows: “R401.3 Certificate (Mandatory). A permanent certificate shall be completed by the builder or registered design professional and posted on a wall in the space where the furnace is located, a utility room or an approved location inside the building. Where located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. The certificate shall: 1. List the predominant R-values of insulation installed in or on ceiling/roof, walls, and ducts outside conditioned spaces; U- factors for fenestration and the solar heat gain coefficient (SHGC) of fenestration, and the results from any required duct system and building envelope air leakage testing done SUPP. 9 (1-2021) 5E-16 E NERGY C ONSERVATION C ODE§5E-2-1 on the building. Where there is more than one value for each component, the certificate shall list the value covering the largest area. 2. List the types and efficiencies of heating, cooling and service water heating equipment. Where a gas-fired unvented room heater, electric furnace or baseboard electric heater is installed in the residence, the certificate shall list “gas-fired unvented room heater,” “electric furnace” or “baseboard electric heater,” as appropriate. An efficiency shall not be listed for gas-fired unvented room heaters, electric furnaces or electric baseboard heaters. 3. Indicate which areas have been designed and constructed as conditioned or unconditioned space. 4. Include the following text: “The addition of mechanical cooling or heating to an unconditioned space requires a permit. The addition of cooling without proper design and construction can have adverse health, safety, and conservation consequences.”” (34) Subsection R402.1 of the International Energy Conservation Code is amended to read as follows: “R402.1 General (Prescriptive). The building thermal envelope shall meet the requirements of Sections R402.1.1 through R402.1.5. Exception: The following low-energy buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of Section R402. 1. Those with a peak design rate of energy usage less than 3.4 Btu/h•ft² (10.7 W/m²) or 1.0 watt/ft² (10.7 W/m²) of floor area for space-conditioning purposes. 2. Unconditioned space that does not contain habitable space. 3. Unconditioned dwellings with enclosed habitable areas less than 1,100 square feet. 4. Dwellings with permitted, off-grid, self supplying photovoltaic with battery back up.” SUPP. 9 (1-2021) 5E-17 § 5E-2-1 H AWAI‘I C OUNTY C ODE (35) TABLE R402.1.2 of the International Energy Conservation Code is deleted in its entirety and replaced with the following: “TABLE R402.1.2 a INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT CLIMATE FENES-SKYLIGHT GLAZED CEILING WOOD MASS FLOOR BASEMENT SLAB CRAWL bd ZONE TRATION U-FACTOR FENES- R-VALUE FRAME WALL R-VALUE WALL R-VALUE SPACE e, f U-TRATION WALL R-VALUE R-VALUE & DEPTH WALL bb, c, gd FACTORSHGC R-VALUE R-VALUE 1 NR 0.75 0.25 3013 3/4 000 0 For SI: 1 foot = 304.8 mm a. R-values are minimums. U-factors and SHGC are maximums. When insulation is installed in a cavity which is less than the label or design thickness of the insulation, the installed R-value of the insulation shall not be less than the R- value specified in the table. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. Exception: Skylights may be excluded from glazed fenestration SHGC requirements in climate zones 1 through 3 where the SHGC for such skylights does not exceed 0.30. c. Exception: If fenestration have overhangs with projection factors, the maximum solar heat gain coefficient shall be as specified in Table R401.2.1. d. R402.1.2 and R402.2 allow use of R407. e. The second R-value applies when more than half the insulation is on the interior of the mass wall. f. Exception: R-value for mass walls are not required if: mass walls have a covering mass walls have overhangs with a projection factor equal to or greater than 0.3. CMU or similar mass walls are 6 inches or greater in thickness. g. Exception: Jalousie windows are exempt from SHGC requirements.” (36) Subsection R402.1.2 of the International Energy Conservation Code is amended to read as follows: “R402.1.2 Insulation and fenestration criteria (Prescriptive). The building thermal envelope shall meet the requirements of Table R402.1.2, Exception: Insulation values of above-grade walls and ceilings shall be permitted to comply with Section R407.” SUPP. 9 (1-2021) 5E-18 E NERGY C ONSERVATION C ODE§5E-2-1 (37) Subsection R402.2 of the International Energy Conservation Code is amended to read as follows: “R402.2 Specific insulation requirements (Prescriptive). In addition to the requirements of Section R402.1, insulation shall meet the specific requirements of Sections R402.2.1 through R402.2.13. Exception: Above-grade walls and ceilings shall be permitted to comply with Section R407.” (38) Subsection R402.2.5 of the International Energy Conservation Code is amended to read as follows: “R402.2.5 Mass walls. Mass walls for the purposes of this chapter shall be considered above-grade walls of concrete block, concrete, insulated concrete form (ICF), masonry cavity, brick (other than brick veneer), earth (adobe, compressed earth block, rammed earth) and solid timber/logs, or any other walls having a heat capacity greater 22 x °F (123 kJ/m x K). than or equal to 6 Btu/ft Exception: Insulation or R-value for mass walls, indicated in Table R402.1.2, is not required when at least one of the following conditions is met: 1. 2. Walls have overhangs with a projection factor equal to or greater than 0.3. The projection factor is the horizontal distance from the surface of the wall to the farthest most point of the overhang divided by the vertical distance from the first floor level to the bottom most point of the overhang. 3. Concrete, CMU, and similar mass walls are 6 inches or greater in thickness.” (39) Subsection R402.3.2 of the International Energy Conservation Code is amended to read as follows: “R402.3.2 Glazed fenestration SHGC. Fenestration shall have a maximum solar heat gain coefficient as specified in Table R402.1.2. An area-weighted average of fenestration products more than 50- percent glazed shall be permitted to satisfy the SHGC requirements. Exceptions: 1. Jalousie windows are exempt from SHGC requirements. SUPP. 9 (1-2021) 5E-19 § 5E-2-1 H AWAI‘I C OUNTY C ODE 2. If fenestrations have overhangs with projection factors, the maximum solar heat gain coefficient shall be as specified in Table R401.2.1. Dynamic glazing shall be permitted to satisfy the SHGC requirements of Table R402.1.2 provided the ratio of the higher to lower labeled SHGC is greater than or equal to 2.4, and the dynamic glazing is automatically controlled to modulate the amount of solar gain into the space in multiple steps. Dynamic glazing shall be considered separately from other fenestration, and area-weighted averaging with other fenestration that is not dynamic glazing shall not be permitted. Exception: Dynamic glazing is not required to comply with this section when both the lower and higher labeled SHGC already comply with the requirements of Table R402.1.2.” (40) Subsection R402.4.1.2 of the International Energy Conservation Code is amended to read as follows: “R402.4.1.2 Testing. The building or dwelling unit may be tested and verified as having an air leakage rate not exceeding five air changes per hour in Climate Zones 1 and 2, and three air changes per hour in Climate Zones 3 through 8. Testing shall be conducted in accordance with ASTM E 779 or ASTM E 1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weatherstripping or other infiltration control measures. 2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures. 3. Interior doors, if installed at the time of the test, shall be open. 4. Exterior doors for continuous ventilation systems and heat recovery ventilators shall be closed and sealed. 5. Heating and cooling systems, if installed at the time of the test, shall be turned off. 6. Supply and return registers, if installed at the time of the test, shall be fully open.” SUPP. 9 (1-2021) 5E-20 E NERGY C ONSERVATION C ODE§5E-2-1 (41) A new subsection R403.5.5 is added to the International Energy Conservation Code to read as follows: “R403.5.5 Solar water heating. Solar water heating systems are required for new single-family residential construction pursuant to section 196-6.5, Hawai‘i Revised Statutes. Exception: A water heating device as approved via Solar Hot Water Heater Variance by the Department of Business, Economic Development & Tourism, Hawai‘i State Energy Office.” (42) A new subsection R404.2 is added to the International Energy Conservation Code to read as follows: “R404.2 Ceiling Fans.A ceiling fan, ceiling fan rough-in, or whole house fan may be provided for bedrooms and the largest habitable space that is not used as a bedroom.” (43) A new subsection R404.3 is added to the International Energy Conservation Code to read as follows: “R404.3 Electrical vehicle charger power. An electrical rough-in of a 30 amp circuit for future electrical vehicle charger may be installed in garage/carport area.” (44) TABLE 405.5.2(1) of the International Energy Conservation Code is amended to read as follows: “TABLE R405.5.2(1) SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING STANDARD REFERENCE DESIGN PROPOSED DESIGN COMPONENT Type: mass wall if proposed wall is mass; As proposed otherwise wood frame Gross area: same as proposed As proposed Above-grade walls U-factor: asspecified in Table R402.1.4 As proposed Solar absorptance = 0.75 As proposed Emittance = 0.90As proposed Type: same as proposed As proposed Basement and crawl Gross area: same as proposed As proposed space walls U-factor: from Table R402.1.4, with As proposed insulation layer on interior side of walls SUPP. 9 (1-2021) 5E-21 § 5E-2-1 H AWAI‘I C OUNTY C ODE Type: wood frameAs proposed Above-grade floorsGross area: same as proposedAs proposed U-factor: as specified in Table R402.1.4 As proposed Type: wood frameAs proposed Ceilings Gross area: same as proposed As proposed U-factor: as specified in Table R402.1.4As proposed Type: composition shingle on wood As proposed sheathing Gross area: same as proposed As proposed Roofs Solar absorptance = 0.75 As proposed Emittance= 0.90As proposed 2 Type: vented with aperture = 1 ft per i AtticsAs proposed 2 300 ft ceiling area Type: same as proposed As proposed Foundation wall area above and below Foundations grade and soil characteristics: same as As proposed proposed 2 Area:40 ft As proposed Orientation: NorthAs proposed Opaque doors U-factor: same as fenestration from Table As proposed R402.1.4 h Total area= (a) The proposed glazing area, where the proposed glazing area is less than 15 percent of the conditioned floor area As proposed (b) 15 percent of the conditioned floor area, where the proposed glazing area is 15 percent or more of the conditioned floor area Orientation: equally distributed to four Vertical fenestration cardinal compass orientations (N, E, S & As proposed other than opaque W). doors U-factor: as specified in Table R402.1.4As proposed SHGC: as specified in Table R402.1.2 except that for climates with no As proposed requirement (NR) SHGC = 0.40 shall be used. Interior shade fraction: 0.92 - (0.21 × 0.92 -(0.21 × SHGC as SHGC for the standard reference design) proposed) External shading: noneAs proposed Skylights None As proposed SUPP. 9 (1-2021) 5E-22 E NERGY C ONSERVATION C ODE§5E-2-1 Thermally isolated None As proposed sunrooms Air leakage rate of 5 air changes per hour For residences that are in climate zones 1 and 2, and 3 air changes not tested, the same air per hour in climate zones 3 through 8 at a leakage rate as the pressure of 0.2 inches w.g (50 Pa). The standard reference mechanical ventilation rate shall be in design. addition to the air leakage rate and the For tested residences, the Air exchange ratesame as in the proposed design, but no measured air exchange a greater than 0.01 × CFA + 7.5 × (N+ 1) rate. br where: The mechanical b CFA = conditioned floor area ventilation rate shall be = number of bedrooms N in addition to the air br Energy recovery shall not be assumed for leakage rate and shall be mechanical ventilation. as proposed. None, except where mechanical ventilation is specified by the proposed design, in which case: Annual vent fan energy use: Mechanical kWh/yr = 0.03942 × CFA + 29.565 × As proposed ventilation + 1) (N br where: CFA = conditioned floor area N = number of bedrooms br IGain = 17,900 + 23.8 × CFA + 4104 × N Same as standard br Internal gains (Btu/day per dwelling unit) reference design Same as standard reference design, plus any additional mass An internal mass for furniture and specifically designed as a Internal mass contents of 8 pounds per square foot of c thermal storage element floor area but not integral to the building envelope or structure. For masonry floor slabs, 80 percent of floor area covered by R-2 carpet and pad, and As proposed 20 percent of floor directly exposed to room air. For masonry basement walls, as proposed, Structural mass but with insulation required by Table As proposed R402.1.4 located on the interior side of the walls For other walls, for ceilings, floors, and As proposed interior walls, wood frame construction SUPP. 9 (1-2021) 5E-23 § 5E-2-1 H AWAI‘I C OUNTY C ODE Fuel type: same as proposed design.As proposed Efficiencies: As proposed Electric: Air-source heat pump with prevailing federal minimum standards. Nonelectric furnaces: natural gas furnace As proposed d, e Heating systems with prevailing federal minimum standards. Nonelectric boilers: natural gas boiler with As proposed prevailing federal minimum standards. Capacity: sized in accordance with Section As proposed R403.7. Fuel type: Electric Efficiency: in accordance with prevailing As proposed d, f Cooling systems federal minimum standards. Capacity: sized in accordance with Section As proposed R403.7. Fuel type: same as proposed designAs proposed Efficiency: in accordance with prevailing As proposed Service water federal minimum standards. d, e, f, g heating Use: Same as proposed design gal/day = 30 + (10 × N) br Duct insulation: From Section R403.2.1 A thermal distribution system efficiency (DSE) of 0.88 shall be applied to both the As tested or as specified heating and cooling system efficiencies for Thermal distribution in Table R405.5.2(2) if not all systems other than tested duct systems tested. Duct insulation systems. For tested duct systems, the shall be as proposed. leakage rate shall be 4 cfm (113.3 L/min) 22 (9.29 m) of conditioned floor per 100 ft area at a pressure of differential of 0.1 inches w.g. (25 Pa). Type: Manual, cooling temperature Same as standard Thermostat setpoint = 75°F; reference Heating temperature setpoint = 72°F 2 For SI: 1 square foot = 0.93 m, 1 British thermal unit = 1055 J, 1 pound per square 2 , 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad. foot = 4.88 kg/m a. Where required by the code official, testing shall be conducted by an approved party. Hourly calculations as specified in the ASHRAE Handbook of Fundamentals, or the equivalent shall be used to determine the energy loads resulting from infiltration. SUPP. 9 (1-2021) 5E-24 E NERGY C ONSERVATION C ODE§5E-2-1 b.The combined air exchange rate for infiltration and mechanical ventilation shall be determined in accordance with Equation 43 of 2001 ASHRAE Handbook of Fundamentals, page 26.24 and the “Whole-house Ventilation” provisions of 2001 ASHRAE Handbook of Fundamentals, page 26.19 for intermittent mechanical ventilation. c. Thermal storage element shall mean a component not part of the floors, walls or ceilings that is part of a passive solar system, and that provides thermal storage such as enclosed water columns, rock beds, or phase-change containers. A thermal storage element must be in the same room as fenestration that faces within 15 degrees (0.26 rad) of true south, or must be connected to such a room with pipes or ducts that allow the element to be actively charged. d. For a proposed design with multiple heating, cooling or water heating systems using different fuel types, the applicable standard reference design system capacities and fuel types shall be weighted in accordance with their respective loads as calculated by accepted engineering practice for each equipment and fuel type present. e. For a proposed design without a proposed heating system, a heating system with the prevailing federal minimum efficiency shall be assumed for both the standard reference design and proposed design. f. For a proposed design home without a proposed cooling system, an electric air conditioner with the prevailing federal minimum efficiency shall be assumed for both the standard reference design and the proposed design. g. For a proposed design with a nonstorage-type water heater, a 40-gallon storage- type water heater with the prevailing federal minimum energy factor for the same fuel as the predominant heating fuel type shall be assumed. For the case of a proposed design without a proposed water heater, a 40-gallon storage-type water heater with the prevailing federal minimum efficiency for the same fuel as the predominant heating fuel type shall be assumed for both the proposed design and standard reference design. h. For residences with conditioned basements, R-2 and R-4 residences and townhouses, the following formula shall be used to determine glazing area: AF = As × FA × F where: AF = Total glazing area A=Standard reference design total glazing area. s FA = (Above-grade thermal boundary gross wall area)/(above-grade boundary wall area + 0.5 × below-grade boundary wall area). F = (Above-grade thermal boundary wall area)/(above-grade thermal boundary wall area + common wall area) or 0.56, whichever is greater. and where: Thermal boundary wall is any wall that separates conditioned space from unconditioned space or ambient conditions. Above-grade thermal boundary wall is any thermal boundary wall component not in contact with soil. Below-grade boundary wall is any thermal boundary wall in soil contact. Common wall area is the area of walls shared with an adjoining dwelling unit. L and CFA are in the same units. SUPP. 9 (1-2021) 5E-25 § 5E-2-1 H AWAI‘I C OUNTY C ODE i.Unvented Attic Spaces. The atticspaceshallbe permitted to be unvented when the design professional determines it would be beneficial to eliminate ventilation openings to reduce salt-laden air and maintain relative humidity 60 percent or lower to: (1) Avoid corrosion to steel components, (2) Avoid moisture condensation in the attic space, or (3) Minimize energy consumption for air conditioning or ventilation by maintaining satisfactory space conditions in both the attic and occupied space below.” (45)A new section R407 is added to the International Energy Conservation Code to read as follows: “SECTION R407 POINTS OPTION R407.1 General (Prescriptive). Above-grade walls and roofs are permitted to comply with the points option as an alternative to complying with Sections R401.2.1, R402.1.2 and R402.2. R407.2 Requirements. One or more efficiency measures shall be selected for roof and above-grade wall systems from Table R407.1 that cumulatively equal or exceed 0 (zero) points. As an alternative, above- grade walls and roofs are permitted to comply separately by scoring 0 (zero) or greater. TABLE R407.1 POINTS OPTION Standard Tropical Home Home Points Points Wood Framed R-19 Roof Insulation-10 R-19 Roof Insulation + Cool roof 0 1 ac membrane or RadiantBarrier Roof Insulation (Must choose 1) R-19 Roof Insulation + Attic 0 1 b Venting R-30 Roof Insulation 0 1 R-13 Cavity Wall Insulation 0 1 R-13 Wall Insulation + high 1 2 d reflectance walls Wall Insulation R-13 Wall Insulation + 90% high (Must choose 1) efficacy lighting and Energy Star 1 2 e Appliances R-13 Wall Insulation + exterior 1 2 f shading wpf=0.3 SUPP. 9 (1-2021) 5E-26 E NERGY C ONSERVATION C ODE§5E-2-1 g Ductless Air Conditioner11 1.071 X Federal Minimum SEER 1 1 Mechanical / Electrical for Air Conditioner Systems 1.142 X Federal Minimum SEER (Choose ONLY if applies to 2 2 for Air Conditioner scope of work) Not No air conditioning installed 2 Applicable 11 -1 -1 Must choose if applies to new h Energy Star Fans1 1 construction and/or additions (House floor area to be Install 1 kW or greater of solar 11 considered as existing dwelling electric size plus new square footage) Reduce fenestration from 14% to Not -1 10% Applicable Metal Framed R-13 + R 3 Wall Insulation 0 1 R-13 cavity Wall Insulation + R-0-1 0 R-13 Wall Insulation + high 0 1 d reflectance walls Wall Insulation R-13 Wall Insulation + 90% high (Must choose 1) efficacy lighting and Energy Star 1 2 e Appliances R-13 Wall Insulation+ exterior 0 1 f shading wpf=0.3 R-30 Roof Insulation 0 1 R-19 Roof Insulation -1 0 a Roof Insulation R-19 + Cool roof membrane or 0 1 c (Must choose 1) Radiant Barrier R-19 Roof Insulation + Attic 0 1 b Venting g Ductless Air Conditioner 1 1 1.071 X Federal Minimum SEER 1 1 Mechanical / Electrical for Air Conditioner Systems 1.142 X Federal Minimum SEER (Choose ONLY if applies to 2 2 for Air Conditioner scope of work) Not No air conditioning installed 2 Applicable SUPP. 9 (1-2021) 5E-27 § 5E-2-1 H AWAI‘I C OUNTY C ODE 11 -1-1 Must choose if applies to new Energy Star Fans7 1 1 construction and/or additions (house floor area to be Install 1 kW or greater of solar 11 considered as existing dwelling electric size plus new square footage) Reduce fenestration from 14% to Not -1 10% Applicable SF = Square Feet a. Cool roof with three-year aged solar reflectance of 0.55 and 3-year aged thermal emittance of 0.75 or 3-year aged solar reflectance index of 64. 2 b. One cfm/ftattic venting. c. Radiant barrier shall have an emissivity of no greater than 0.05 as tested in accordance with ASTM E-408. The radiant barrier shall be installed in accordance with the manufacturer’s installation instructions. d. Walls with covering with a reflectance of e. Energy Star rated appliances include refrigerators, dishwashers, and clothes washers and must be installed for the final inspection. f. The wall projection factor is equal to the horizontal distance from the surface of the wall to the farthest most point of the overhang divided by the vertical distance from the first floor level to the bottom most point of the overhang. g. All air conditioning systems in the house must be ductless to qualify for this credit. h. Install ceiling fans in all bedrooms and the largest habitable space that is not used as a bedroom.” (46) Subsection R501.4 of the International Energy Conservation Code is amended to read as follows: “R501.4 Compliance. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions and regulations for alterations, repairs, additions and changes of occupancy or relocation, as adopted by the code official.” (47) Subsection R502.1 of the International Energy Conservation Code is amended to read as follows: “R502.1 General. Additions to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction without requiring the unaltered portion of the existing building or building system to comply with this code. Additions shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code where the addition alone complies, where the existing building and addition comply with this code as a single SUPP. 9 (1-2021) 5E-28 E NERGY C ONSERVATION C ODE§5E-2-1 building, or where the building with the addition uses no more energy than the existing building. Additions shall be in accordance with Section R502.1.1 or R502.1.2. Exceptions: 1. When addition includes unconditioned space that does not contain habitable space. 2. When both the existing building and addition are entirely comprised of habitable unconditioned space if total square footage does not increase more than 1,100 square feet.” (48) Subsection R503.1.1 of the International Energy Conservation Code is amended to read as follows: “R.503.1.1 Building envelope. Building envelope assemblies that are part of the alteration shall comply with Section R402.1.2 or R402.1.4, Sections R402.2.1 through R402.2.13, R402.3.1, R402.3.2, R402.4.3 and R402.4.4. Exception: The following alterations need not comply with the requirements for new construction provided the energy use of the building is not increased: 1. Storm windows installed over existing fenestration. 2. Existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation. 3. Construction where the existing roof, wall or floor cavity is not exposed. 4. Roof recover. 5. Roof replacement of uninsulated roofs which include at least one of the following: a. Energy Star compliant roof covering; b. Radiant barrier; or c. Attic ventilation via solar attic fans or ridge ventilation or gable ventilation. 6. Surface-applied window film installed on existing single pane fenestration assemblies to reduce solar heat gain provided the code does not require the glazing or fenestration assembly to be replaced.” SUPP. 9 (1-2021) 5E-29 § 5E-2-1 H AWAI‘I C OUNTY C ODE (49) Subsection R503.2 of the International Energy Conservation Code is amended to read as follows: “R503.2 Change in space conditioning. Any nonconditioned or low-energy space that is altered to become conditioned space shall be required to be brought into full compliance with this code. Exceptions: 1. Where the simulated performance option in Section R405 is used to comply with this section, the annual energy cost of the proposed design is permitted to be 110 percent of the annual energy cost otherwise allowed by Section R405.3. 2. When specified in the tropical zone, and the total conditioned space does not exceed 50% of the habitable floor area, and, R- 19 is installed over the conditioned space, and Split ductless air conditioner systems with a SEER rating in the top 25% of readily available units are installed.” (2020, ord 20-61, sec 5.) 5E-2-1 SUPP. 9 (1-2021) 5E-30 CHAPTER 5F PLUMBING CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Chapter 17, “plumbing code,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5F. Article 1. General Provisions. Section 5F-1-1. Title. Section 5F-1-2. Purpose. Section 5F-1-3. Scope; exceptions. Section 5F-1-4. Administrative provisions. Section 5F-1-5. Existing plumbing installations. Section 5F-1-6. Definitions. Section 5F-1-7. Compliance required. Section 5F-1-8. Conflict. Article 2. Installation Requirements. Section 5F-2-1. Uniform plumbing code adopted. Article 3. Plumbing Work Within Special Flood Hazard Areas. Section 5F-3-1. General applicability. Section 5F-3-2. Definitions. Section 5F-3-3. Drainage (plumbing) systems. Section 5F-3-4. Private sewage disposal/treatment. Section 5F-3-5. Water supply systems. Section 5F-3-6. Plumbing piping under buildings. SUPP. 11 (1-2022) i This page intentionally left blank. P LUMBING C ODE § 5F-1-1 CHAPTER5F PLUMBING CODE* * Editor’s Notes: 1. Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County code. 2. Chapter 17, “plumbing code,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5F. Article 1. General Provisions. Section 5F-1-1. Title. This chapter shall be known as the “plumbing code.” (2020, ord 20-61, sec 6.) 5F-1-1 Section 5F-1-2. Purpose. The purpose of this chapter is to provide for the protection of the public health and safety by establishing minimum standards for the installation, alteration, or repair of plumbing, gas, and drainage systems and the inspection thereof in the County. (2020, ord 20-61, sec 6.) 5F-1-2 Section 5F-1-3. Scope; exceptions. This chapter shall apply to all new construction, relocated buildings, and to any alterations, repairs, or reconstruction within the property lines of the premises, within the County inland of the shoreline high-water line. Exceptions to these minimum requirements are listed below: This chapter shall not apply to: (1) Work or installations not covered by the Uniform Plumbing Code, 2012 Edition, as adopted by the Hawai‘i State Plumbing Code; (2) Work on buildings or premises owned by or under the direct control of the Federal government; (3) Work in public State or County road right-of-ways for utility installations and mechanical equipment not specifically regulated in this code where installed: (A) Outside the proposed premises or boundary lines in a subdivision under development; or (B) In an approved subdivision, where the work is in planned or actual roadways or other common infrastructure areas; (4) Pursuant to section 448E-13, Hawai‘i Revised Statutes, work by employees of a public utility within the State under a franchise or charter granted by the State which is regulated by the public utilities commission and community antennae television company, while so employed; (5) Plumbing work related to work regulated by chapter 397, Hawai‘i Revised Statutes, relating to boilers and pressure vessels; or SUPP. 11 (1-2022) 5F-1 § 5F-1-3 H AWAI‘I C OUNTY C ODE (6) Agricultural buildings, structures, and appurtenances without electrical power and plumbing systems are exempt from permit and construction code requirements, pursuant to section 46-88, Hawai‘i Revised Statutes, except as otherwise provided for in this construction code. No plumbing systems shall be connected to a building or structure without first obtaining a permit for plumbing work. (2020, ord 20-61, sec 6.) 5F-1-3 Section 5F-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. (2020, ord 20-61, sec 6.) 5F-1-4 Section 5F-1-5. Existing plumbing installations. Plumbing installations in existence and permitted pursuant to applicable laws and standards in effect when the plumbing work thereon was performed, shall not be deemed to be in violation of subsequent changes to applicable laws or standards, provided that such installations shall be subject to the provisions of section 5-2-3 of the construction administrative code. (2020, ord 20-61, sec 6.) 5F-1-5 Section 5F-1-6. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: 2 “Accessory structure” means a structure not greater than 3,000 square feet (279 m) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. “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. “Certified medical gas installer” means a qualified installer who has successfully passed a National Inspection Testing Certification Service competency examination in accordance with the ASSE Series 6000 Standard, section 6010. “Certified medical gas verifier” means a qualified installer who has successfully passed a National Inspection Testing Certification Service competency examination in accordance with the ASSE Series 6000 Standard, Section 6030. SUPP. 11 (1-2022) 5F-2 P LUMBING C ODE § 5F-1-6 “This code” means the plumbing code, contained in chapter 5F, or the construction administrative code, contained in chapter 5, or both, as the context requires. “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. “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. “IAPMO” means the International Association of Plumbing and Mechanical Officials. “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. “Section” means a section of a chapter of the Uniform Plumbing Code. “UPC” means the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials. (2020, ord 20-61, sec 6; am 2021, ord 21-61, secs 24 and 25.) 5F-1-6 SUPP. 11 (1-2022) 5F-3 § 5F-1-7 H AWAI‘I C OUNTY C ODE Section 5F-1-7. Compliance required. (a) No person shall perform or cause to be performed any plumbing work which does not comply with the provisions of this code or any permit issued pursuant to this code. (b) No person shall perform any work covered by this code in violation of the provisions of chapter 448E, Hawai‘i Revised Statutes. (c) Any approval or permit issued pursuant to the provisions of this code shall comply with all applicable requirements of this code. (d) The granting of a permit, variance, or approval of plans or specifications pursuant to this code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2020, ord 20-61, sec 6.) 5F-1-7 Section 5F-1-8. Conflict. (a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i State Plumbing Code or the Uniform Plumbing Code that have been incorporated by reference, the provisions of this code shall prevail as to all matters and questions arising out of the subject matter of such provisions. (b) In situations where two or more provisions of this code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2020, ord 20-61, sec 6.) 5F-1-8 Article 2. Installation Requirements. Section 5F-2-1. Uniform plumbing code adopted. The Uniform Plumbing Code, 2012 Edition, published by the International Association of Plumbing and Mechanical Officials, 5001 E. Philadelphia Street, Ontario, CA 91761-2816, including appendices, is incorporated by reference and made a part of this code, subject to any amendments hereinafter set forth in this chapter. (a) The scope, technical specifications, and exemptions set forth in the Uniform Plumbing Code, 2012 Edition, are hereby adopted as the standard for plumbing work covered by this code, provided there are no specific provisions in any other section of this code covering the particular matter. (b) A copy of the Uniform Plumbing Code, 2012 Edition, shall be available for public inspection at the Hilo and Kailua-Kona offices of the department of public works and at the office of the County clerk. (c) This incorporation by reference includes all parts of the Uniform Plumbing Code, 2012 Edition, subject to the amendments hereinafter set forth. SUPP. 11 (1-2022) 5F-4 P LUMBING C ODE § 5F-2-1 (1) Section 204.0 of the Uniform Plumbing Code is amended by amending the definition of “Building Drain” to read as follows: “BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of buildings and conveys it to the building sewer beginning five (5) feet (1524 mm) outside the building wall.” (2) Section 210.0 of the Uniform Plumbing Code is amended by adding a new definition of “Health Officer” to read as follows: “HEALTH OFFICER. Health Officer shall mean the director of health of the department of health, State of Hawai‘i, or the director’s authorized agent.” (3) Section 221.0 of the Uniform Plumbing Code is amended by adding a new definition of “Single Stack Vent System” to read as follows: “SINGLE STACK VENT SYSTEM. A specially designed plumbing system wherein a common stack serves as a drainage pipe as well as a vent pipe.” (4) A new subsection 313.8 is added to the Uniform Plumbing Code to read as follows: “313.8 Seismic Supports. Where earthquake load are applicable in accordance with the building code, plumbing piping supports shall be designed and installed for the seismic forces in accordance with the building code.” (5) Subsection 402.5 of the Uniform Plumbing Code is amended to read as follows: “402.5 Setting. Fixtures shall be set level and in proper alignment with reference to adjacent walls. No water closet or bidet shall be set closer than 15 inches (381 mm) from its center to a side wall or obstruction nor closer than 30 inches (762 mm) center to center to a similar fixture. The clear space in front of any water closet, bidet, and lavatory, shall not be less than 24 inches (610mm) which may include adjoining floor area.” (6) Section 422.0 and Table 422.1 of the Uniform Plumbing Code are repealed in their entirety. SUPP. 11 (1-2022) 5F-5 § 5F-2-1 H AWAI‘I C OUNTY C ODE (7) The Uniform Plumbing Code is amended by adding a new section 422.0 to read as follows: “422.0 Minimum Number of Required Fixtures. Plumbing fixtures shall be provided for the type of building occupancy and in the minimum number required in Chapter 29 of the International Building Code.” (8) Subsection 507.13 of the Uniform Plumbing Code is amended by adding the following Exception to the end thereof, to read as follows: “Exception: (1) Water heaters may be installed at floor level in carports having one hundred (100) percent opening on one side and fifty (50) percent net opening on another side or the equivalent of such openings on two or more sides, provided the adjacent ground level is at or below the flow level of the carport. (2) Fuel burning water heaters having sealed combustion chambers may be installed at floor level. (3) Electric water heaters in garages may be installed at floor level.” (9) A new subsection 508.4.5 is added to the Uniform Plumbing Code to read as follows: “508.4.5 Access. Every attic, mezzanine, or platform more than 16 feet (4.9 meters) above the ground floor level shall be accessible by a stairway or ladder permanently fastened to the building. Exception: No permanent access required for R-3 Occupancies.” (10) Subsection 604.11 of the Uniform Plumbing Code is amended to read as follows: “604.11 Lead Content. The maximum allowable lead content in pipes, pipe fittings, plumbing fittings, and fixtures intended to convey or dispense water for human consumption shall be not more than a weighted average of 0.25 percent with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures. For solder and flux, the lead content shall be not more than 0.2 percent where used in piping systems that convey or dispense water for human consumption. SUPP. 11 (1-2022) 5F-6 P LUMBING C ODE § 5F-2-1 Exceptions: (1) Pipes, pipe fittings, plumbing fittings, fixtures or backflow preventers used for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not used for human consumption. (2) Water closets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, service saddles, or water distribution main gate valves that are 2 inches (50 mm) in diameter or larger.” (11) Subsection 608.3 of the Uniform Plumbing Code is amended by adding a third sentence to the first paragraph to read as follows: “Cylinder Expansion Tanks more than twenty-four (24) inches in vertical height, shall be secured against seismic movements within the upper top one third (1/3) of its vertical dimensions.” (12) Subsection 608.5 of the Uniform Plumbing Code is amended to read as follows: “608.5 Drains. Relief valves shall be provided with a drain, not smaller than the relief valve outlet, of galvanized steel, hard-drawn copper piping and fittings, CPVC, PP, or listed relief valve drain tube with fittings that will not reduce the internal bore of the pipe or tubing (straight lengths as opposed to coils) and shall extend from the valve to the outside of the building, with the end of the pipe not more than 2 feet (610 mm) nor less than 6 inches (152 mm) aboveground or the flood level of the area receiving the discharge and pointing downward. Such drains shall be permitted to terminate at other approved locations. Relief valve drains shall not terminate in a building’s crawl space. No part of such drain pipe shall be trapped or subject to freezing. The terminal end of the drain pipe shall not be threaded.” (13) Subsection 715.1 of the Uniform Plumbing Code is amended to read as follows: “715.1 Materials. The building sewer, beginning 5 feet (1524 mm) from a building or structure shall be of such materials as prescribed in this code.” SUPP. 11 (1-2022) 5F-7 § 5F-2-1 H AWAI‘I C OUNTY C ODE (14) A new subsection 911.3 is added to the Uniform Plumbing Code to read as follows: “911.3 Single Stack System. When approved by the administrative authority, a single-stack system based on engineered studies and tests may be used in lieu of other related provisions in this code. Plans and specifications of such systems shall be prepared and stamped by a Hawaii licensed mechanical engineer.” (15) Subsection 1101.11.1 of the Uniform Plumbing Code is amended to read as follows: “1101.11.1 Primary Roof Drainage. Roof areas of a building shall be drained by roof drains or gutters. The location and sizing of drains and gutters shall be coordinated with the structural design and pitch of the roof. Unless otherwise required by the authority having jurisdiction, roof drains, gutters, vertical conductors or leaders, and horizontal storm drains for primary drainage shall be sized based on a storm of 60 minutes duration and 100 year return period. Refer to the National Weather Service rainfall map for 100 year, 60 minute storms at various locations.” (16) Subsection 1211.5 of the Uniform Plumbing Code is amended by adding a third sentence to read as follows: “Ground-joint unions may only be used at exposed fixture, appliance, or equipment connections and in exposed exterior locations immediately on the discharge side of a building shutoff valve. Heavy duty flanged type unions may be used in special cases, when first approved by the administrative authority. Bushings shall not be used in concealed locations.” (17) A new subsection 1212.2 is added to the Uniform Plumbing Code to read as follows: “1212.2 Anchored or strapped. Liquified Petroleum Gas Cylinder Tank Facilities more than 24 inches in vertical height, shall be secured against seismic movements within upper top-third (1/3) of its vertical dimensions.” SUPP. 11 (1-2022) 5F-8 P LUMBING C ODE § 5F-2-1 (18) A new subsection 1301.4 is added to the Uniform Plumbing Code to read as follows: “1301.4 The provisions of ‘Part 1 - Special Requirements for Health Care Facilities’ shall be for REFERENCE ONLY, FOR DESIGN AND CONSTRUCTION. This section will not be regulated or enforced by the County of Hawai‘i.” (19) Subsection 1309.1 of the Uniform Plumbing Code is amended to read as follows: “1309.1 General. The provisions of ‘Part II - Medical Gas and Vacuum Systems’ shall be for REFERENCE ONLY, FOR DESIGN AND CONSTRUCTION. This section will not be regulated or enforced by the County of Hawai‘i. Installation of medical gas and vacuum piping shall be conducted by qualified Medical Gas Installers meeting the requirements of ASSE 6010. Testing and verification shall be conducted by ‘Certified Medical Gas System Verifier’ in accordance with ASSE 6030.” (20) Section 1326.0 of the Uniform Plumbing Code is amended by replacing “Authority Having Jurisdiction” with “Certified Medical Gas Verifier” throughout subsections 1326.1 through 1326.15. (21) Subsection 1327.3 of the Uniform Plumbing Code is amended to read as follows: “1327.3 Reports. The inspection and testing reports shall be submitted directly to the party that contracted for the testing, who shall submit the report through channels to the responsible facility authority and others that are required. Reports shall contain detailed listings of findings and results. The licensed mechanical engineer responsible for the design and observation of the system shall provide a statement that the certification tests of section 1326.0 as applicable, have been verified and to the best of such engineer's knowledge complies with the installation requirements.” SUPP. 11 (1-2022) 5F-9 § 5F-2-1 H AWAI‘I C OUNTY C ODE (22) Table 1401.1 of the Uniform Plumbing Code is amended by adding the following standards to be inserted between Standard Number SAE-J1670-2008 and TCNA A118-10-2011: Referenced Standard Number Standard Title Application Sections State of Hawai‘i - Standard Details for Public Various Various Rev. Sept. 2000 Works Construction State of Hawai‘i – Water System Standards Various Various 2002 (23) Subsection 1601.3 of the Uniform Plumbing Code is amended to read as follows: “1601.3 Permit or Approval. It shall be unlawful for any person to construct, install, alter, or cause to be constructed, installed, or altered any alternate water source system in a building or on a premises without first obtaining a permit or approval to do such work from the Authority Having Jurisdiction. Exceptions: (1) A permit is not required for exterior rainwater catchment systems used for outdoor drip and subsurface irrigation with a maximum storage capacity of 360 gallons (1363 L). (2) A plumbing permit is not required for rainwater catchment systems for single family dwellings where outlets, piping, and system components are located on the exterior of the building. This does not exempt the need for permits where required for electrical connections, tank supports, or enclosures.” (24) Subsection 1602.7 of the Uniform Plumbing Code amended by amending the first paragraph to read as follows: “1602.7 Drawings and Specifications. The Authority Having Jurisdiction shall require the following information to be included with or in the plot plan before a permit or approval is issued for a gray water system, or at a time during the construction thereof:” (25) Appendix D of the Uniform Plumbing Code, “Sizing Storm Water Drainage Systems,” is deleted in its entirety. (26) Appendix E of the Uniform Plumbing Code, “Manufactured/Mobile Home Parks and Recreational Vehicle Parks,” is deleted in its entirety. SUPP. 11 (1-2022) 5F-10 P LUMBING C ODE § 5F-2-1 (27) Appendix F of the Uniform Plumbing Code, “Firefighter Breathing Air Replenishment Systems,” is deleted in its entirety. (28) Appendix G of the Uniform Plumbing Code is amended by amending its title to read as follows: “APPENDIX G SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS FOR REFERENCE ONLY (The content of this Appendix is based on Annex G of NFPA 54)” (29) Appendix H of the Uniform Plumbing Code, “Private Sewage Disposal Systems,” is amended by amending its title to read as follows: “APPENDIX H COMMERCIAL OR INDUSTRIAL SPECIAL LIQUID WASTE DISPOSAL FOR REFERENCE ONLY” (2020, ord 20-61, sec 6.) 5F-2-1 SUPP. 11 (1-2022) 5F-11 § 5F-3-1 H AWAI‘I C OUNTY C ODE Article 3. Plumbing Work Within Special Flood Hazard Areas. Section 5F-3-1. General applicability. (a) The provisions of this article shall apply to the: installation of any new plumbing system; or the renovation and major alteration, addition, or reinstallation of any existing plumbing system within a special flood hazard area as identified by chapter 27, Hawai‘i County Code. All installations shall comply with chapter 27, Floodplain Management. (b) The provisions of this article shall not apply to the following: (1) Any plumbing system serving a building or structure exempted from chapter 27; (2) Any plumbing system serving a building or structure which has been granted a flood control variance pursuant to article 2, chapter 27; or (3) Any plumbing system lawfully existing prior to November 8, 1993, subject to the provisions of chapter 27. (2020, ord 20-61, sec 6.) 5F-3-1 Section 5F-3-2. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Base flood elevation” means the water surface elevation of the base flood. “Flood or flooding” means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation or runoff of surface waters from any source; or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition. “Special flood hazard area” means an area having special flood or flood-related erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V. (2020, ord 20-61, sec 6.) 5F-3-2 SUPP. 11 (1-2022) 5F-12 P LUMBING C ODE § 5F-3-3 Section 5F-3-3. Drainage (plumbing) systems. (a) Drainage systems that have openings below the base flood elevation shall be provided with an automatic backwater valve installed in each discharge line passing through a building exterior wall, except backwater valves may be deleted if the fixture drainage openings are located at or above a floor level which is above the surrounding ground level. (b) Drainage systems for emergency servicing facilities that are required to remain in operation during a flood shall be provided with a sealed holding tank and the necessary isolation and diversion piping and appurtenances to withhold or postpone sewage discharge to the sewer system during the flood. The holding tank shall be sized for storage of at least one hundred fifty percent of the anticipated demand for a twenty-four hour period. Vents provided for such holding tank shall terminate at an elevation of at least one foot above the base flood elevation. (c) All pipes in a plumbing vent system shall terminate at an elevation of at least one foot above the base flood elevation. (d) All pipe openings through exterior walls below the base flood elevation shall be floodproofed to prevent infiltration of flood water through spaces between pipes and wall construction materials by use of embedded collars, sleeves, waterstops, or other means as may be approved by the authority having jurisdiction. (2020, ord 20-61, sec 6.) 5F-3-3 Section 5F-3-4. Private sewage disposal/treatment. An individual private sewage disposal system or a treatment facility may be permitted in a special flood hazard area when the design and location of such system or facility is approved by the State department of health. In addition to complying with public health regulations and administrative rules of the State department of health, any such new or replacement sewage disposal system shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters. (2020, ord 20-61, sec 6.) 5F-3-4 Section 5F-3-5. Water supply systems. (a) Potable water supply systems that are located in a special flood hazard area shall be designed and installed in such a manner as to prevent contamination from flood waters up to the base flood elevation. Location and construction of private water supply wells shall comply with rules and regulations of the department of water supply of the County of Hawai‘i. (b) Potable water supply tanks, filters, softeners, heaters, and all water-supplied appliances and fixtures located below the base flood elevation shall be protected against contamination by covers, walls, copings, or castings. All vent pipes serving the water supply system shall terminate at an elevation of at least one foot above the base flood elevation. SUPP. 11 (1-2022) 5F-13 § 5F-3-5 H AWAI‘I C OUNTY C ODE (c) Backflow preventers or devices approved by the department of water supply shall be installed on water service lines as close to the property control valve as possible to protect the public water system from backflow or back siphonage of flood waters or other contaminants in the event of a line break. Devices shall be installed at accessible locations and shall be maintained in good working condition by the owner. The backflow preventers or devices shall be subject to periodic testing as prescribed in the rules and regulations of the department of water supply. (d) An approved double-check valve assembly shall be used in lieu of any vacuum breaker, permitted, or otherwise required under this chapter when located below the regulatory flood elevation. (e) Air relief valves are permitted on private pipelines only when installed at least one foot above the base flood elevation. (2020, ord 20-61, sec 6.) 5F-3-5 Section 5F-3-6. Plumbing piping under buildings. Plumbing piping under buildings constructed on stilts shall be securely anchored against lateral movement and flotation and protected against damage by flood water and debris. Protection shall be provided by the structural enclosure of such piping or by attaching such piping to the downstream side of structural members which are large enough to provide this protection. (2020, ord 20-61, sec 6.) 5F-3-6 SUPP. 11 (1-2022) 5F-14 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. Repealed. Section 6-8. Repealed. Section 6-9. Repealed. Section 6-10. Repealed. Section 6-11. Repealed. Section 6-12. Repealed. Section 6-13. Repealed. Section 6-14. Repealed. Section 6-15. Repealed. 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. 14 (7-2023) 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. Repealed. Section 6-8. Repealed. (1983 CC, c 6, art 2, sec 6-8; rep 2023, ord 23-29, sec 1.)6-8 Section 6-9. Repealed. (1983 CC, c 6, art 2, sec 6-9; rep 2023, ord 23-29, sec 1.)6-9 Section 6-10. Repealed. (1983 CC, c 6, art 2, sec 6-10; rep 2023, ord 23-29, sec 1.)6-10 Section 6-11. Repealed. (1983 CC, c 6, art 2, sec 6-11; rep 2023, ord 23-29, sec 1.)6-11 Section 6-12. Repealed. (1983 CC, c 6, art 2, sec 6-12; rep 2023, ord 23-29, sec 1.)6-12 SUPP.14 (7-2023) 6-2 B USINESSES § 6-13 Section 6-13. Repealed. (1983 CC, c 6, art 2, sec 6-13; rep 2023, ord 23-29, sec 1.)6-13 Section 6-14. Repealed. (1983 CC, c 6, art 2, sec 6-14; rep 2023, ord 23-29, sec 1.)6-14 Section 6-15. Repealed. (1983 CC, c 6, art 2, sec 6-15; rep 2023, ord 23-29, sec 1.)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 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. 14 (7-2023) 6-3 § 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 B USINESSES § 6-28 Section 6-28. Conformity with other laws. All mobile homes shall conform to the County building code, and the public health housing code (chapter 2 of the State public health regulations),* except: (1) When parked in a licensed mobile home park; (2) When occupied for dwelling or sleeping purposes outside of a licensed mobile home park for less than thirty days in any one location. (1983 CC, c 6, art 3, sec 6-28.)6-28 * Editor’s Note: The public health regulations of the department of health relating to housing were repealed. Article 4. Miscellaneous Business Licenses. Section 6-29. County business licenses. The director of finance shall issue County licenses to businesses as required by chapter 445, Hawai‘i Revised Statutes, as amended, except as provided in section 6-30 of this article. (1989, ord 89-41, sec 2.)6-29 Section 6-30. Elimination of business licenses. The following businesses are not required to obtain an annual County license or to pay an annual County license fee: (1) The sale of beef or pork. (2) The manufacture of food products. (3) The operation of a laundry. (4) The keeping of a lodging or tenement house, hotel, boarding house or restaurant. (5) The production, processing or preparation of milk. (6) The sale of tobacco, cigars, and cigarettes. (7) The carrying of freight and baggage. (8) The carrying of passengers. (1989, ord 89-41, sec 2.)6-30 Article 5. Licensing of Auctioneers. Section 6-31. Purpose. The purpose of this article is to provide for a licensing mechanism for auctioneers which was eliminated by Act 232 of the 1992 State Legislature, but which is still required in the Federal Bankruptcy Court. (1995, ord 95-140, sec 1.)6-31 Section 6-32. Definitions. “Auction” means a sale, offering for sale or exposing for sale to the highest bidder of any goods, wares, merchandise or other personal property in an auction room. SUPP. 14 (7-2023) 6-5 § 6-32 H AWAI‘I C OUNTY C ODE “Auctioneer” means any person who is licensed by the director pursuant to chapter 445, Hawai‘i Revised Statutes, and this article to sell goods, wares, merchandise or other personal or real property at auction. “Director” means the director of finance of the County of Hawai‘i or the director’s duly authorized subordinate(s). (1995, ord 95-140, sec 1.)6-32 Section 6-33. Exceptions. (a) Nothing contained in this article shall be construed to apply to any type of auction which is exempt from the requirements of section 445-22, Hawai‘i Revised Statutes. (b) Auctions conducted by nonprofit organizations for charitable purposes shall also be exempt from the provisions of this Article. (1995, ord 95-140, sec 1.) 6-33 Section 6-34. Applicability. It shall be unlawful for any person to sell, offer for sale or expose for sale at public auction any personal property without obtaining a license issued by the director in accordance with the terms, conditions and penalties enumerated in chapter 445, Hawai‘i Revised Statutes and this article. (1995, ord 95-140, sec 1.) 6-34 Section 6-35. Fee. The annual fee for a license to sell, offer for sale or expose for sale any property at auction shall be $100, payable to the County of Hawai‘i, department of finance. (1995, ord 95-140, sec 1.) 6-35 Section 6-36. Authority to conduct auctions. (a) It is unlawful for any person, other than an auctioneer who has obtained a license, to conduct an auction, provided that the auctioneer may appoint an agent or assistant who may conduct the auction in the auctioneer’s presence. Where the licensee is a corporation, it shall appoint and designate a person to be its “auctioneer” within the meaning of this article. (b) The auctioneer, its agent or assistant or if a corporation shall post a copy of the license and bond, if required, in a conspicuous place that is visible and accessible to any interested persons at the time of the auction. (1995, ord 95-140, sec 1.) 6-36 Section 6-37. Adverse interest of auctioneer prohibited. Every auctioneer conducting an auction shall, in accepting a bid from any person, become the agent of such bidder and remain so until a higher bid is accepted or until the transaction involving the bid is completed. The auctioneer must disclose publicly to all prospective buyers any proprietary interest that the auctioneer has in any personal or real property to be sold at the auction. (1995, ord 95-140, sec 1.) 6-37 SUPP.14 (7-2023) 6-6 B USINESSES § 6-38 Section 6-38. Receipts to purchasers required. The auctioneer shall give each purchaser at an auction a receipt with each purchase setting forth: (a) The name and permanent address of the auctioneer. (b) The date. (c) The price paid for the article. (d) The amount of tax paid. (e) A description of the article. (1995, ord 95-140, sec 1.) 6-38 Section 6-39. Violation - penalty. Any person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $500, and such person’s license to conduct a public auction shall be subject to suspension or forfeitures. (1995, ord 95-140, sec 1.)6-39 SUPP. 14 (7-2023) 6-7 This page intentionally left blank. CHAPTER 7 DISASTER AND EMERGENCY MANAGEMENT Article 1. Disaster and Emergency Management. Section 7-1-1. Definitions. Section 7-1-2. Agency organization; appointments. Section 7-1-3. Duties; functions. Section 7-1-4. Emergency management plans. Section 7-1-5. Utilization of existing government services. Section 7-1-6. Emergency powers. Article 2. Disaster Control. Section 7-2-1. Loitering during tsunami warning. Section 7-2-2. Loitering and refusal to evacuate during impending disaster or disaster. Section 7-2-3. Unauthorized parking in designated area prohibited. Section 7-2-4. Penalty. SUPP. 13 (1-2023) i This page intentionally left blank. D ISASTER AND E MERGENCY M ANAGEMENT § 7-1-1 CHAPTER 7 DISASTER AND EMERGENCY MANAGEMENT * *Editor’sNote:Chapter7“CivilDefense,”wasrenamed“DisasterandEmergencyManagement”byOrdinance22-103. Article 1. Disaster and Emergency Management. * * Editor’s Note: Article 1 was repealed in its entirety and replaced by Ordinance 22-103. Section 7-1-1. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: “Administrator” means the civil defense administrator with delegated authority from the mayor who is responsible for the administrative and operational functions of the civil defense agency during emergency management and non-emergency periods. “Alerting organization” means an organization with the designated authority to alert and warn the public when there is an impending natural or human-made disaster or threat. “Authorized persons” means a person approved or assigned by the civil defense agency to perform a specific type of duty or duties or to be at a specific location or locations. “Civil defense agency” means the agency responsible for performing emergency management and homeland security functions within the County and outside the County, as may be required pursuant to chapter 127A and chapter 128A of the Hawai‘i Revised Statutes. “Comprehensive emergency management plan” means a plan for managing all types of emergencies and disasters by coordinating the actions of numerous agencies. “Continuity of operations plan” means a plan that addresses an organization’s or agency’s capacity to carry out its essential duties while providing resources for emergency response in the event of an emergency. “Disaster” means any emergency, or imminent threat, that results or may likely result in loss of life or property and that requires, or may require, assistance from other Counties or States or from the Federal government. “Emergency” means any occurrence, or imminent threat, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property. “Emergency management” means a comprehensive integrated system at all levels of government, and also in the private sector, which develops and maintains an effective capability to prevent, prepare for, respond to, mitigate, and recover from emergencies or disasters. “Integrated preparedness plan” means a comprehensive plan designed to develop and maintain core capabilities in the County. SUPP. 13 (1-2023) 7-1 § 7-1-1 H AWAI‘I C OUNTY C ODE “Land mobile radio system” means a system that facilitates routine and emergency wireless communication between first responders in the field, other field units, and dispatch centers. “Loitering” means to stand or wait around idly or without apparent purpose. “Mitigation” means sustained actions designed to reduce or eliminate risk of hazards and impacts of disaster events on people and property. “Multi-hazard mitigation plan” means a County-wide plan that identifies risks, vulnerabilities, and ways to minimize damage and losses from natural and manmade disasters. “Prevention” means to avoid or stop an imminent, threatened, or actual natural or manmade disaster. “Protection” means to take necessary actions to avoid or minimize damage, injury, or destruction to residents, visitors, property, and assets. “Recovery” means the process of returning to a normal state of affairs including timely restoration, strengthening and revitalization of infrastructure, housing and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by natural and manmade disasters. “Response” means actions designed to save lives, protect property and the environment, and meet basic human needs in the aftermath of an emergency or disaster. “Stakeholder preparedness review” means a three-step self-assessment of a community’s capability levels based on the core capability targets established in the threat hazard identification risk assessment. The stakeholder preparedness review identifies any change (lost, sustained, or built) in capabilities from the previous year, any gaps between the target and current capability, actions to take to close gaps or maintain the capability, and how funding sources (County, State, and Federal grants) have affected the capability. “State of disaster or emergency” means an occurrence that requires efforts by local, State, or Federal government to protect property, public health, welfare, or safety in the event of a disaster or emergency, or to reduce the threat of a disaster or emergency. “Threat and hazard identification and risk assessment” means an assessment process that helps communities understand risks and how to address those risks. “Warning point” means a division within the civil defense agency that is charged with receiving and disseminating emergency and non-emergency information to and from State partners, first responders, and local governments in a timely manner. (2022, ord 22-103, sec 3.)7-1-1 SUPP. 13 (1-2023) 7-2 D ISASTER AND E MERGENCY M ANAGEMENT § 7-1-2 Section 7-1-2. Agency organization; appointments. The civil defense agency shall perform emergency management functions pursuant to chapter 127A and chapter 128A of the Hawaii Revised Statutes and shall consist of the following: (1) The head of the civil defense agency, who shall be the mayor of the County. (2) A full-time civil defense administrator, who shall be responsible for administrative functions and emergency management operations during non- emergency periods and, within the delegated scope of authority, have all the duties and responsibilities of the mayor during declared emergencies. The administrator shall be hired according to the provisions of chapter 76 of the Hawaii Revised Statutes. (3) Sufficient staff to carry out the duties and functions of the agency. (4) The employees and resources of all County departments, agencies, and offices in emergency management activities as needed. (5) Non-governmental organizations offering emergency management services pursuant to an agreement with the County, or accepted by the County when no agreement exists. (2022, ord 22-103, sec 3.)7-1-2 Section 7-1-3. Duties; functions. The civil defense agency shall: (1) Organize, administer, and operationalize a comprehensive emergency management program that includes prevention, protection, mitigation, response, and recovery operations within the County; (2) Facilitate development and maintenance of all plans necessary to ensure preparedness, emergency management, hazard mitigation, and continuity of operations; (3) Maintain liaison with all State and Federal emergency management agencies and ensure necessary systems are established to receive State and Federal funds during times of disaster or emergency; (4) Manage the emergency operations center as the central coordinating entity during major disasters or emergencies; (5) Monitor any and all threats, emergencies, or disasters that pose a risk to the lives and safety of residents and visitors, and advise the mayor on proposed solutions for how to best protect people and property from danger; (6) Coordinate with all alerting organizations on issuance of emergency public information and warnings; (7) Establish a warning point that will be a primary means of coordination with alerting organizations and of issuing emergency public information and that will operate twenty-four hours-a-day and seven days-a-week; (8) Manage the County’s land mobile radio system to ensure system capability, responsiveness, and capacity; SUPP. 13 (1-2023) 7-3 § 7-1-3 H AWAI‘I C OUNTY C ODE (9) Enter into memorandums of agreement with other jurisdictions and non- governmental organizations to provide aid and assistance to residents and visitors during emergency response and short-term recovery; (10) Educate the public through community engagement as to the actions necessary and required to prepare and protect persons and property in the event of a natural or man-made disaster or emergency event; and (11) Conduct training and exercises to ensure the efficient mobilization and coordination of emergency management forces and familiarize residents and organizations with emergency management plans, procedures, and operations. (2022, ord 22-103, sec 3.)7-1-3 Section 7-1-4. Emergency management plans. (a) The following comprehensive emergency management plans shall be developed and maintained by the civil defense agency to ensure coordination in all phases of emergency management and filed with the County council: (1) The comprehensive emergency management plan shall be developed by March 1, 2023 and reviewed annually. (2) The threat and hazard identification and risk assessment shall be completed in April every three years, with a stakeholder preparedness review conducted annually. (3) The integrated preparedness plan shall be prepared in June every three years, and be informed by the threat and hazard identification and risk assessment. (4) The multi-hazard mitigation plan shall be developed every five years, by a mitigation work group with representation from the civil defense agency, planning department, and department of research and development, with additional representatives added on a temporary basis to address specific actions or issues. (b) The administrator shall report to the County council in August of every year, summarizing the previous fiscal year’s actions to implement and update the various comprehensive emergency management plans. The report shall include a brief description of the agency’s collaborative work with community organizations. (2022, ord 22-103, sec 3.)7-1-4 Section 7-1-5. Utilization of existing government services. (a) Each County department, agency, and office shall cooperate with and extend its services, materials, and facilities to the civil defense agency as requested by the mayor. (b) Each County department, agency, and office shall designate, in writing no later than December 31 of each year, one representative and two alternates to serve as liaisons to the civil defense agency. Liaisons shall have extensive knowledge of and delegated authority to assign departmental capabilities and available resources during a disaster or emergency event. SUPP. 13 (1-2023) 7-4 D ISASTER AND E MERGENCY M ANAGEMENT § 7-1-5 (c) To facilitate emergency preparedness planning for the County of Hawaii, all County departments, agencies, and offices shall prepare and periodically revise a continuity of operations plan pursuant to directions and technical assistance provided by the civil defense agency. The maintenance of the continuity of operations plan shall be the responsibility of appointed liaisons. (2022, ord 22-103, sec 3.)7-1-5 Section 7-1-6. Emergency powers. (a) The power to declare a state of disaster or emergency by proclamation, promulgate emergency rules having the force and effect of law, and make allotments of funds appropriated or available for emergency management is conferred on the mayor. (b) All County employees are considered emergency workers during a declared emergency. (c) All County employees, accepted volunteers, and non-governmental organization workers providing services in coordination with the County, except in cases of willful misconduct, gross negligence, or recklessness shall not be liable for death and injury to persons or property damage as an act or omission in the course of employment of duties. (d) The mayor may exercise the following additional powers in an emergency period: (1) Suspend any County law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions; (2) Shut off water mains, gas mains, electrical power connections, or suspend other services; (3) To the extent permitted by or under Federal law, authorize any actions necessary to ensure continuity of electronic media transmission; and (4) Direct and control the mandatory evacuation of the civilian population. (2022, ord 22-103, sec 3.)7-1-6 Article 2. Disaster Control. * * Editor’s Note: Sections 7-5 through 7-7 were repealed by Ordinance 22-103. Section 7-2-1. Loitering during tsunami warning. * A person commits the offense of loitering during an emergency if during a tsunami warning period, or during and immediately after a tsunami that person knowingly: (1) Loiters, loafs, or idles upon any public highway, public place, sidewalk, or beach, on foot or on any vehicle, in any coastal area, or area subject to tsunami action. (2) Disobeys any direction or command of any police officer directing traffic. SUPP. 13 (1-2023) 7-5 § 7-2-1 H AWAI‘I C OUNTY C ODE (3) Refuses or fails to leave any area, public or private, upon order of a police officer, which action impedes or tends to impede the effective and orderly handling of an evacuation or a disaster; provided that this section shall not prevent any authorized person from lawfully preserving, protecting, or salvaging any property, real or personal, or to prevent any other authorized person from performing any other lawful duty. 7-2-1 (2022, ord 22-103, sec 5.) * Editor’s Note: Section 7-9, was renumbered section 7-2-1 by Ordinance 22-103. Section 7-2-2. Loitering and refusal to evacuate during impending disaster or disaster.* A person commits the offense of loitering during an emergency if during an impending disaster or a disaster that person knowingly: (1) Loiters, loafs, or idles upon any public highway, sidewalk, or public place, on foot or on any vehicle, in or close to an impending disaster or a disaster area. (2) Disobeys any direction or command of any police officer directing traffic. (3) Refuses or fails to leave any area, public or private, upon order of an authorized person, which action impedes or tends to impede the effective and orderly handling of the impending disaster or the disaster; provided that this section shall not prevent any authorized person from lawfully preserving, protecting, or salvaging any property, real or personal, or to prevent any other authorized person from performing any other lawful duty. (4) Refuses or fails to evacuate any area, public or private, upon order of an authorized person, which action impedes or tends to impede the effectiveness and orderly handling of the evacuation of persons from an impending disaster area. (2022, ord 22-103, sec 5.)7-2-2 * Editor’s Note: Section 7-10, was renumbered section 7-2-2 by Ordinance 22-103. Section 7-2-3. Unauthorized parking in designated area prohibited. * (a) Except when authorized by an authorized person or specific traffic control device, no person shall stop, stand or park a vehicle within an impending disaster or disaster area as described in a Mayor’s and/or Governor’s emergency declaration. (b) The police officer citing any driver or owner for a violation of this section may have the motor vehicle towed to and stored at a private tow yard at the registered owner’s expense pursuant to section 291C-165.5(a) of the Hawai‘i Revised Statutes. (c) Any person convicted of unauthorized parking in a designated area shall be punished by a fine of not more than $100 for the first conviction; not more than $200 for the second conviction of a second offense committed within one year after the date of the first offense; not more than $500 for the third or subsequent conviction of a third or subsequent offense committed within one year after the date of the first offense. (2022, ord 22-103, sec 5.)7-2-3 * Editor’s Note: Section 7-12, was renumbered section 7-2-3 by Ordinance 22-103. SUPP. 13 (1-2023) 7-6 D ISASTER AND E MERGENCY M ANAGEMENT § 7-2-4 Section 7-2-4. Penalty. * A person who has been convicted of any offense under this article, shall be sentenced to pay a fine not exceeding $500 or imprisonment for a term of not more than thirty days. (2022, ord 22-103, sec 5.)7-2-4 * Editor’s Note: Section 7-11, was renumbered section 7-2-4 by Ordinance 22-103. SUPP. 13 (1-2023) 7-7 This page intentionally left blank. CHAPTER 8 DEDICATION OF LAND Article 1. Park Dedication Code. Section 8-1. Title. Section 8-2. Definitions. Section 8-3. Applicability. Section 8-4. Exemptions. Section 8-5. Dedication of park land by subdivider. Section 8-6. Population density requirements. Section 8-7. Calculation of land and facilities to be provided. Section 8-8. Monetary fee in lieu of dedicating land and improvement. Section 8-9. Use of fees. Section 8-10. Credit for private recreational areas and improvements. Section 8-11. Credit for existing parks and playgrounds. Section 8-12. Option of land dedication or payment of fee; determination by County. Section 8-13. Appeals. i This page intentionally left blank. D EDICATION OF L AND§8-1 CHAPTER 8 DEDICATION OF LAND Article 1. Park Dedication Code. Section 8-1. Title. This article may be cited as the park dedication code. (1983 CC, c 8, art 1, sec 8-1.)8-1 Section 8-2. Definitions. (a) As used in this article: (1) “Approval” means the final approval granted to a proposed subdivision where the actual division of land into smaller parcels is sought, provided that, where construction of a building or buildings is proposed without further subdividing an existing parcel of land, the term “approval” means the issuance of the building permit. (2) “Director” means the planning director of the County. (3) “District” means the judicial districts of Puna, South Hilo, North Hilo, Hamakua, North Kohala, South Kohala, Nor defined by the department of research and development. (4) “Dwelling unit” means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen. (5) “Fair market value” means the highest price estimated in terms of money which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. (6) “Hotel” means a building containing sleeping accommodations in six or more rooms for use of persons, on a commercial basis, whether such establishment is called a hotel, inn, motel, motor hotel, motor lodge or otherwise, which rooms do not constitute dwelling units. (7) “Lodging unit” means a room or rooms connected together, constituting an independent housekeeping unit for a family, which does not contain any kitchen. (8) “Parks and playgrounds” means areas and facilities used for active or passive recreational pursuits. (9) “Provide land in perpetuity” means the conveyance of land, improvements, easements, streets and facilities, or any interest therein, to the County for a definite use and purpose, which shall be a perpetual and everlasting easement or dedication in fee simple title or ownership. (10) “Resident population” means the official resident population as determined by the County department of research and development. It includes residents temporarily absent, and armed forces personnel and their dependents. It excludes visitors present. 8-1 § 8-2H AWAI‘I C OUNTY C ODE (11) “Subdivider” means any person who divides land as specified under the definition of subdivision or who constructs a building or group of buildings containing or divided into two or more dwelling units or lodging units. (12) “Subdivision” includes: (A) The division of improved or unimproved land into two or more lots, parcels, sites or other divisions of land and for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites or divisions of land; (B) Resubdivision; and (C) A building or group of buildings, other than a hotel or hotels, containing or divided into two or more dwelling units or lodging units. When appropriate to the context, it also refers to the land subdivided. (1983 CC, c 8, art 1, sec 8-2.)8-2 Section 8-3. Applicability. (a) This article shall apply to: (1) Changes in use of buildings from hotel to residential dwelling use; (2) Any additional dwelling or lodging units added to an existing building or lot; (3) Any dwelling or lodging units of a building constructed in the stead of a building that is demolished, but only to the extent that such units exceed the number of units of the demolished building; (4) All subdivisions except those excluded in section 8-4; and (5) Where zoning allows, the construction of more than one dwelling unit on a lot. (1983 CC, c 8, art 1, sec 8-3.)8-3 Section 8-4. Exemptions. (a) This article shall not apply to: (1) Subdivision of land in any district where the ratio of acres of public parks and playgrounds within the district and not federally owned, to the resident population within the district is greater than the minimum ratio of five acres of land for parks and playground purposes for each one thousand persons; (2) Subdivision of land for which tentative approval has been granted prior to December 27, 1977; (3) Subdivisions for a public utility or public facility and which will not be provided with or developed into dwelling units; (4) Subdivision of land for industrial or commercial use subdivisions; (5) Subdivisions of land into two or more lots only for the purpose of clarifying public records or adjustment of boundaries, provided that no additional lots will be created; 8-2 D EDICATION OF L AND§8-4 (6) Subdivision of land into two or more lots for agricultural purposes and which will not be developed under this subdivision application, into dwelling or lodging units. The subdivider desiring such an exception shall file with the director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units. These conditions shall be duly recorded with the bureau of conveyances and shall run with the land. These conditions may be revoked if the subdivider or landowner agrees to pay a fee pursuant to section 8-8; (7) A planned unit development project for which the planning commission has held a public hearing prior to December 27, 1977; (8) Subdivisions of buildings, for which a preliminary plan approval has been given in accordance with the provisions of chapter 25, article 2, of the zoning code; and (9) Subdivision by any governmental agency or nonprofit organization, or subdivision involving the construction of homes pursuant to chapter 359G, Hawai‘i Revised Statutes.* (1983 CC, c 8, art 1, sec 8-4.)8-4 * Editor’s Note: Chapter 359G, Hawai‘i Revised Statutes, was repealed. Section 8-5. Dedication of park land by subdivider. Every subdivider, prior to final approval of a subdivision by the director, shall: (1) Provide land and any required improvements in perpetuity; (2) Pay a fee; (3) Agree to a combination of providing land and any required improvements in perpetuity and payment of a fee; or (4) Provide land and any required improvements for private recreational use, as set forth in this article for the purpose of providing park and playground facilities for occupants or purchasers of lots or units in the subdivision. (1983 CC, c 8, art 1, sec 8-5.)8-5 Section 8-6. Population density requirements. (a) In the public interest, convenience, health, welfare and safety, there shall be a minimum ratio of five acres of land for park and playground purposes for each one thousand persons in every district. (b) Population density for the purpose of this article shall be: (1) Single-family dwelling units and duplexes = 3.5 persons per dwelling unit; and (2) Multiple-family dwelling units = 2.1 persons per dwelling unit. (1983 CC, c 8, art 1, sec 8-6.)8-6 8-3 § 8-7H AWAI‘I C OUNTY C ODE Section 8-7. Calculation of land and facilities to be provided. (a) Land required to be provided in perpetuity by a subdivider pursuant to this article shall be determined on the following basis: (1) In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation purposes shall be the number of such units permitted by the County in the subdivision as shown on the final subdivision map filed with the County. (2) In building permit applications, the total number of dwelling or lodging units for computation purposes shall be the total number of such units as shown on the building permit application, except as provided by section 8-3. (3) Land Requirement Formula. The land requirement formula shall be as follows: C x P = Area to be Dedicated Required Land in Acres Where, C = 5.0 ac = Park acres per 1,000 persons per section 8-6(a) 1,000 (218 square feet per person) P = Total population within the subdivision per section 8-6(b) (b) Any improvements on the land to be provided in perpetuity by the subdivider pursuant to this article shall be determined by the director of parks and recreation, upon conferring with the director of public works, and approved by the director and shall include a minimum of lot grading and grass planting, adequate drainage and comfort station. The director may waive a portion or all of the minimum improvements required, provided that the minimum improvements are available within close proximity of the park and meet other code requirements or deemed impracticable or unnecessary by the director upon consultation with the director of parks and recreation and the director of public works. (c) Land and building subdivisions involving six or less lots or units and new units falling under the purview of section 8-3(a)(2) and (5) shall be required to pay fees in the amount of $150 per lot or unit; provided that: (1) Other terms of payment may be required if the proposed subdivision does not represent the maximum feasible development possible for the subject land as determined by the director; and (2) Fees for new dwelling units referred to in section 8-3(a)(5) shall be assessed for all but one dwelling unit at the time of building permit action. (1983 CC, c 8, art 1, sec 8-7; am 2001, ord 01-108, sec 1.)8-7 8-4 D EDICATION OF L AND§8-8 Section 8-8. Monetary fee in lieu of dedicating land and improvement. (a) Where a monetary fee is required to be paid in lieu of dedicating or providing the land and improvements in perpetuity, the monetary fee shall be a sum equal to the fair market value of the amount of land required by section 8-7(a). (b) The fair market value shall be determined as of the time of filing the final subdivision plat or building permit in accordance with the following: (1) The fair market value shall include the value of the subdivided land, including the site improvements and utilities which would have otherwise been installed should the land area for the park be required. (2) The County and the subdivider shall agree on the fair market value of the land. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the subdivider, one appointed by the County, and the third appointed by the mutual agreement of the County and the subdivider. The subdivider and the County shall equally bear the costs of the third appraisal. (c) If the area of land which is provided in perpetuity by the subdivider and approved by the director pursuant to section 8-12 is less than the land area required under section 8-7(a), the subdivider shall be required to pay a fee equal to the fair market value as determined in subsection (b) of this section which is the difference between the land area provided in perpetuity and the land area required under section 8-7(a). (d) Fees paid pursuant to this section shall be made directly to the director of finance and shall be deposited in a park and recreation fund. Payment may be in a lump sum prior to final approval of the land subdivision or final plan approval for a building subdivision, or fifty percent at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivision, and the balance paid prior to final approval of the land subdivision or final plan approval of the building subdivision. (1983 CC, c 8, art 1, sec 8-8.)8-8 Section 8-9. Use of fees. (a) All moneys received pursuant to this article shall be used for the acquisition and development of park and recreational facilities to serve the area in which the subdivision is located. Moneys received may be expended on neighborhood or community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used for the purpose of providing additional facilities for that park or playground. The director of parks and recreation shall determine the various park areas for funding purposes. 8-5 § 8-9H AWAI‘I C OUNTY C ODE (b) When funds are needed for implementing a plan to provide or develop land and facilities or for preparing site plans such as design and engineering work, the director of parks and recreation shall submit a written request to the director and the mayor for approval. Upon the mayor’s approval, the finance director shall be authorized to release moneys from the fund. (c) No refunds shall be made for any land and building subdivision which the director had granted final approval, except that credit may be given to subsequent subdivision of the same area. (d) All moneys, interests and other forms of earnings resulting from the fee shall thereafter be the property of the County. The interests or earnings accrued from the fee shall be expended in the same manner as the fee itself. (1983 CC, c 8, art 1, sec 8-9.)8-9 Section 8-10. Credit for private recreational areas and improvements. (a) Where parks and playgrounds, including improvements, are to be provided in a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and improvements shall be credited towards the requirements set forth in section 8-7 or the payment of fees in lieu thereof, set forth in sections 8-8 and 8-9. (b) The credit shall be subject to the approval of the planning director, upon consultation with the director of parks and recreation, subject to the following requirements: (1) Yards and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private recreational areas and facilities. (2) The size, shape, topography, geology, access, use and location of the site shall be suitable for park and playground purposes. (3) The physical improvements provided for shall meet the needs of the purchasers or occupants of the subdivision, and are in accordance with the policies and standards of the recreational element of the general plan and park master plan. (4) The use of the site shall be restricted for park and playground purposes by recorded covenants which shall run with the land for the use of the purchasers or occupants in the subdivision. (5) There is adequate assurance as determined by the corporation counsel, for perpetual maintenance of such private parks and playgrounds by recorded covenant running with the land which shall include but not necessarily be limited to the following: (A) Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private parks and playgrounds in perpetuity; and 8-6 D EDICATION OF L AND§8-10 (B) Empower the County, through the parks and recreation director, to enforce the covenants to maintain the private parks and playgrounds and authorize the performance of maintenance work by the County in the event of failure by the subdivider, purchaser or occupant, to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of work performed by the County has been reimbursed. (6) The site improvements and physical facilities to be provided and constructed shall be made available to all purchasers or occupants in the subdivision and an agreement and adequate security are filed and accepted by the County to guarantee the construction of the improvements and facilities within a specified time as required by the director prior to final subdivision or plan approval. (7) The type of park improvements in land subdivisions shall be determined by the director of parks and recreation upon conferring with the director of public works, and approved by the director and shall include at a minimum: (A) Lot grading and grass planting; (B) Parking area; (C) Adequate drainage; and (D) Comfort station. The director may waive a portion or all of the minimum improvement required, provided that the improvements are available within close proximity of the park and meet other code requirements or deemed impracticable or unnecessary by the director upon consultation with the director of parks and recreation and director of public works. (8) The minimum type of improvements for building permit subdivisions shall be determined in the same fashion as land subdivisions. (9) Equitable credit by cost estimates of the improvements being provided shall be determined by the director of public works. (1983 CC, c 8, art 1, sec 8-10; am 2001, ord 01-108, sec 1.)8-10 Section 8-11. Credit for existing parks and playgrounds. Where lands for parks and playgrounds and their improvements were provided in perpetuity or kept in private ownership with a maintenance agreement acceptable to the corporation counsel prior to December 27, 1977, such land, including physical facilities, shall be credited toward the park land/facilities which would otherwise be required under section 8-7; provided that such area and facilities shall satisfy the provisions of section 8-12(b)(3), (4), and (5). (1983 CC, c 8, art 1, sec 8-11.)8-11 8-7 § 8-12H AWAI‘I C OUNTY C ODE Section 8-12. Option of land dedication or payment of fee; determination by County. (a) The option to provide land in perpetuity, pay a fee or a combination thereof, or to provide private recreational areas, shall be determined as follows: (1) The owner of the property shall file a preliminary subdivision map or building plan, and indicate the owner’s intentions to: (A) Provide land in perpetuity for recreational purposes; (B) Pay a fee; (C) Agree to a combination of provision of land in perpetuity and payment of fee; or (D) Provide private recreational areas. If the owner of the property intends to provide land in perpetuity, the owner shall designate the area thereof on the preliminary subdivision plat or building plans as submitted. (2) Prior to preliminary approval of a land subdivision or preliminary plan approval of a building subdivision, upon concurrence by the director of parks and recreation, the director shall determine whether to require a provision of land in perpetuity, payment of a fee, a combination of dedication or provision of land in perpetuity and payment of fee, or provide private recreational areas. The director shall also determine the location of the area to be provided in perpetuity at the time of preliminary subdivision or preliminary plan approval. (A) Prior to granting of preliminary subdivision or plan approval by the director, the council, pursuant to section 13-12 of the Charter, shall review and act on the area proposed to be dedicated for park and its proposed improvements. Acceptance shall be effective no earlier than receipt of final subdivision or final plan approval by the director. (B) If the council declines the offer, the director shall require an alternative method of assessment in accordance with sections 8-8, 8-9, and 8-10. (b) Whether the council accepts land and any required improvements for dedication and County maintenance shall be determined by consideration of the following: (1) Proximity to existing County or State parks and relationship to proposed general planned parks or park master plan. (2) Conformity to the policies and standards of the recreation, open space, natural beauty, historic sites or natural resource and shoreline elements of the general plan and recreational master plan. (3) Suitability of the size, shape, topography, geology, access, use and location of the site for park and playground purposes. (4) The kinds of park improvements available or to be constructed or installed. (5) Feasibility for the County to improve and maintain such land and any improvements thereon. 8-8 D EDICATION OF L AND§8-12 (c) The required site improvements and physical facilities shall be made available at the time of final subdivision approval or prior to the issuance of occupancy permit in the case of building subdivisions. The completion of required improvement may be reasonably deferred, provided, that an agreement and adequate surety bond guaranteeing their construction are filed and accepted by the County. (d) Upon acceptance of the land and the improvements by the council, the County shall thereafter assume the cost of future improvements and maintenance of the entire area and facilities, except those private parks and playgrounds accepted under the provisions of section 8-10. (1983 CC, c 8, art 1, sec 8-12.)8-12 Section 8-13. Appeals. (a) Action of the director taken pursuant to this article may, within thirty days after the action is taken, be appealed in writing to the board of appeals. (b) The appeal shall be accompanied by a filing fee of $100. (c) The appeal shall set forth the basis of the appeal and shall specifically detail the manner in which it is alleged the director’s action was based on an erroneous finding of a material fact, or that the director had acted in an arbitrary or capricious manner, or had manifestly abused the director’s discretion. (d) The board of appeals, upon receipt of such appeal, shall set the matter for a hearing. The hearing shall be conducted according to the Hawai‘i Administrative Procedure Act. (e) Within sixty days after the filing of the appeal, the board of appeals shall affirm, modify or reverse the action of the director. (1983 CC, c 8, art 1, sec 8-13.)8-13 8-9 This page intentionally left blank. Chapter 9. Electricity. Repealed. (Rep 2020, ord 20-61, sec 12.) Editor’s Note: For present provisions, see chapter 5D. SUPP. 9 (1-2021) 9-1 This page intentionally left blank. CHAPTER 10 EROSION AND SEDIMENTATION CONTROL Article 1. General Provisions. Section 10-1. Definitions. Section 10-2. Hazardous conditions. Section 10-3. Exclusions. Section 10-4. Completion by County; recovery of cost. Section 10-5. Waivers. Section 10-6. Appeals. Section 10-7. Liability. Section 10-8. Violations and penalty. Article 2. Permits. Section 10-9. Required. Section 10-10. Application. Section 10-11. Fees. Section 10-12. Conditions and limitations. Section 10-13. Expiration. Section 10-14. Denial. Section 10-15. Suspension or revocation. Section 10-16. Construction prohibited prior to grading. Section 10-17. Inspections. Article 3. Conditions and Specifications. Section 10-18. Conditions of permit. Section 10-19. Distance from property line of cut or fill slope. Section 10-20. Maximum cleared area. Section 10-21. Fill materials. Section 10-22. Preparation of ground surface; vegetation. Section 10-23. Report after grading; notification on completion. Section 10-24. Special conditions and requirements. Section 10-25. Drainage. Section 10-26. Erosion and sedimentation control. i This page intentionally left blank. E ROSION AND S EDIMENTATION C ONTROL§10-1 CHAPTER 10 EROSION AND SEDIMENTATION CONTROL Article 1. General Provisions. Section 10-1. Definitions. (a) Wherever used in this chapter, the following words shall have the meaning indicated: (1) “Designated historic and archaeological sites” means those sites listed with the County general plan or the Hawai‘i register of historic places. (2) “Engineer” means a professional engineer (civil or structural) registered in the State of Hawai‘i. (3) “Engineer’s soils report” means a report on soils conditions prepared by an engineer experienced in the practice of soil mechanics and foundations engineering. (4) “Erosion” means the wearing away of the ground surface as a result of action by wind and/or water. (5) “Excavation,” “cut” or “borrow” means any act by which soil, sand, gravel, rock or any similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed. State land use commission and County zoning and other agencies’ regulations on shoreline improvements are made a part hereof by reference. (6) “Fill” means any act by which soil, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported, or moved to a new location. State land use commission and County zoning and other agencies’ regulations on shoreline improvements are made a part hereof by reference. (7) “Grading” means any excavation or fill or any combination thereof. (8) “Grubbing” means any act by which vegetation, including trees, timber, shrubbery and plants, is removed, dislodged, uprooted or cleared from the surface of the ground. (9) “Land surveyor” means a person duly registered as a professional land surveyor in the State. (10) “Overburden” means a soil material overlaying another geologic formation. (11) “Permittee” means the person or party to whom the permit is issued and shall include but not be limited to the property owner, his lessee, developer, agent, or attorney in fact. (12) “Plasticity” means the property of a soil which allows it to be deformed beyond the point of recovery without cracking or appreciable volume change. (13) “Sedimentation” means the deposition of erosional debris-soil sediment displaced by erosion and transported by water from a high elevation to an area of lower gradient where sediments are deposited as a result of slack water. 10-1 § 10-1H AWAI‘I C OUNTY C ODE (14) “Soil and water conservation districts” means the legal subdivisions of the State of Hawai‘i authorized under chapter 180, Hawai‘i Revised Statutes. (15) “Stockpiling” means the temporary storage of soil, sand, gravel, rock or other similar material in excess of five hundred cubic yards upon any premises for the purpose of using the material as fill material at some future time. (1983 CC, c 10, art 1, sec 10-1; am 2001, ord 01-108, sec 3.)10-1 Section 10-2. Hazardous conditions. (a) Whenever the director of public works determines that any existing excavation, fill, grubbing or stockpiling has become a hazard to property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, fill, grubbing or stockpiling is located, or other person or agent in control of said property, upon receipt of notice in writing from the director of public works shall within the period specified therein repair or eliminate the hazard and be in conformance with the requirements of this chapter. (b) The director of public works or the director’s authorized representatives are hereby authorized to enter any property to determine or to enforce the provisions of this chapter. (1983 CC, c 10, art 1, sec 10-2; am 2001, ord 01-108, sec 1.)10-2 Section 10-3. Exclusions. (a) All work in this section must conform to the provisions of section 10-26 to be considered for exclusion. (b) This chapter shall not apply to the following: (1) Mining or quarrying operations regulated by other County ordinance or governmental agencies. (2) Grading within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit. (3) Grading and grubbing on individual cemetery plots. (4) Sanitary filling and operation of rubbish dumps. (5) Agricultural operations, including ranching incidental to or in conjunction with crop or livestock production and all other operations that are in conformance with soil conservation practices acceptable to the applicable soil and water conservation district directors and in accordance with an actively pursued comprehensive conservation program, providing: (A) Such operations do not alter the general and localized drainage patterns with respect to abutting properties. (B) A conservation program for the affected properties acceptable to and approved by the applicable soil and water conservation district directors is filed with the soil conservation district. 10-2 E ROSION AND S EDIMENTATION C ONTROL§10-3 (C) The conservation program, with appropriate modifications is reviewed and re-approved by the soil and water conservation district directors periodically but not less than once every five years. (6) Excavation which does not alter the general drainage pattern with respect to abutting properties, which does not exceed one hundred cubic yards of material on any one site, and does not exceed five feet in vertical height at its highest point; provided that the cut meets the cut slopes and the distance from property lines requirements in article 3 of this chapter. (7) Fill which does not alter the general drainage pattern with respect to abutting properties, which does not exceed one hundred cubic yards of material on any one site and does not exceed five feet in vertical depth at its deepest point, provided that the fill meets the fill slopes and distance from property lines requirements in article 3 of this chapter. (8) Grubbing which does not alter the general and localized drainage pattern with respect to abutting properties and does not exceed a total area of one acre. (9) Exploratory excavations not to exceed fifty cubic yards under the direction of an engineer for the purpose of subsurface investigations required by the director of public works and provided that the director of public works has been advised in writing prior to the start of such excavation. (10) Clearing, excavation and filling required in conjunction with the installation of pole lines by electric, telephone and public utilities. (1983 CC, c 10, art 1, sec 10-3; am 2001, ord 01-108, sec 1.)10-3 Section 10-4. Completion by County; recovery of cost. (a) In the event that any permittee under this chapter fails to: (1) Comply with all the terms and conditions of the permit to the satisfaction of the director of public works; (2) Complete all of the work authorized under the permit within the time limit specified in the permit; (3) Comply with all special precautions enumerated in section 10-24 and with all the requirements of the director of public works pursuant to section 10-24; or (4) Proceed under section 10-15(b); within thirty days after a permittee has been served with written notice thereof, either by mail or personal service, the council may order the permittee to be prosecuted as a violator of the provisions of this chapter and may order the director of public works to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the council who shall cause the same to be paid. Such cost shall be charged to the permittee or owner or both of the premises involved. 10-3 § 10-4H AWAI‘I C OUNTY C ODE (b) The County may enforce payment of such cost in any manner provided by law, including proceedings under chapter 507, part II, Hawai‘i Revised Statutes. For the purposes of the operation of part II of chapter 507, Hawai‘i Revised Statutes, the permittee shall be deemed to come within the definition of “owner” as defined in said chapter; the County shall be deemed to come within the definition of “general contractor” as defined in that chapter and the execution of work specified in the notice shall be deemed a contract between the permittee and the County. (1983 CC, c 10, art 1, sec 10-4; am 2001, ord 01-108, sec 1.)10-4 Section 10-5. Waivers. In all applicable cases, if a permittee, supported by accompanied engineer’s report, finds that strict adherence to the provisions of this chapter causes undue hardship or practical difficulty, the permittee may seek waivers from these provisions and the director of public works may grant a waiver with conditions if the director finds that the request will not likely create any problems to the adjoining properties nor endanger any life or limb nor be in conflict with existing ordinances and statutes. (1983 CC, c 10, art 1, sec 10-5; am 2001, ord 01-108, sec 1.)10-5 Section 10-6. Appeals. Any person aggrieved by the decision of the director of public works in the administration or application of this chapter, may, within thirty days after the director of public works’ decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the director of public works or it may reverse or modify the decision if the decision is: (a) In violation of this chapter or other applicable law; (b) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (c) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. The board of appeals shall adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of this section. (1983 CC, c 10, art 1, sec 10-6; am 2001, ord 01-108, sec 1.)10-6 Section 10-7. Liability. The provisions of this chapter shall not be construed to relieve or alleviate the liability of any person for damages resulting from performing, or causing to be performed, any grading, grubbing or stockpiling operation. The director of public works or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the County in the discharge of their duties, shall not thereby render themselves liable personally and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any required act or omission in the discharge of their duties. (1983 CC, c 10, art 1, sec 10-7; am 2001, ord 01-108, sec 1.)10-7 10-4 E ROSION AND S EDIMENTATION C ONTROL§10-8 Section 10-8. Violations and penalty. (a) No person shall do any act forbidden, or fail to perform any act required by the provisions of this chapter. (b) The failure to comply with the requirements set forth under the provisions of this chapter shall be deemed a new offense for each day of such noncompliance. (c) Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500, or by imprisonment not to exceed fifty days, or both, for each offense. (1983 CC, c 10, art 1, sec 10-8.)10-8 Article 2. Permits. Section 10-9. Required. (a) Except as excluded in section 10-3: (1) No grading work shall be commenced or performed without a grading permit. (2) No grubbing work shall be commenced or performed without a grubbing permit except where grubbing concerns land for which a grading permit has been issued. (3) No stockpiling work shall be commenced or performed without a stockpiling permit. (b) No grading, grubbing, or stockpiling permit shall be issued without the director of public works’ review of the applicant’s compliance with the County general plan or with chapters 6,* 205 and 343, Hawai‘i Revised Statutes. (1983 CC, c 10, art 2, sec 10-9; am 2001, ord 01-108, sec 1.)10-9 * Editor’s Note: Chapter 6, Hawai‘i Revised Statutes, was repealed and replaced with chapter 6E. Section 10-10. Application. (a) An applicant for a grading, grubbing, or stockpiling permit shall first file an application on a form furnished by the County department of public works. Each application shall: (1) Describe by tax key or street address the land on which the proposed work is to be done; (2) State the estimated dates for the starting and completion of the proposed work; and (3) Show the name of the permittee and owner including engineer, if applicable, who shall be responsible for the work to be performed by the engineer, the engineer’s contractors and employees and for requesting the inspections required herein. (b) Each application for a grading permit shall also be accompanied by two sets of plans and specifications, including: (1) For all areas: (A) A vicinity sketch or other data adequately indicating the site location; (B) Boundary lines of the property on which the work is to be performed; 10-5 § 10-10H AWAI‘I C OUNTY C ODE (C) Location of any buildings, structures, or designated historic and archaeological sites, on the property where the work is to be performed and location of any building or structure on land of adjacent property which is within fifteen feet of the property to be graded when the grading may affect the buildings, structures, or designated historic and archaeological sites; (D) Contours showing the topography of the existing ground and extending five feet into adjacent property when required by the director of public works. The scale and contour are to be appropriate to the work in question; (E) Elevations, dimensions, location, extent and the slopes of all proposed grading shown by contours and other means; (F) The area in square feet of the land to be graded and the quantities of excavation and fill involved. Show separately quantities for excavation within and outside of building lines; and (G) Any additional plans, drawings, or calculations required by the director of public works. (2) For grading of areas of more than fifteen thousand square feet, a contour map prepared by an engineer or land surveyor and approved by the director of public works and showing the contours and elevations of the land before and after the completion of the proposed grading. This map shall include the location of existing large trees, designated historic and archaeological sites, and definable rock outcroppings, lava tubes, detailed plans, and specifications of all drainage devices and utilities, including bank protection, walls, cribbing, dams, silting or sediment basins, landscaping, screen planting, erosion control planting, or other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains. (3) Where a proposed cut or fill is greater than fifteen feet in height, or on land with slopes exceeding fifteen percent in an area with high plasticity soils, or when any fill is to be placed over a swamp, pond, gully, or lake, the permittee shall submit an engineer’s soils report which shall include data regarding the nature, distribution and strength of existing soils and substantiating data from an engineer regarding the safety of the proposed grading, the fill, and the material to be used, and describing the cut sections showing the height, cut slope, benches, and material composing the cut bank. (c) An applicant for a grubbing permit shall furnish two sets of plot plans showing the location, the property boundaries, and any other pertinent information as may be required by the director of public works. Grubbing or land clearing by bulldozer for the purpose of making topographic survey shall not be permitted without an authorized grubbing permit. No permit will be required for cutting or bulldozing of trails for survey lines and access for soil exploration equipment. 10-6 E ROSION AND S EDIMENTATION C ONTROL§10-10 (d) An applicant for a stockpiling permit shall furnish two sets of plot plans showing the property lines and the location of the proposed stockpile, quantities, height of stockpile, duration of stockpile, source, and type of the material to be stockpiled and furnish any other pertinent information as may be required by the director of public works to control the creation of dust, drainage, or sedimentation problems. The plot plan for stockpiling shall be approved by the director of public works. (e) If no action (approval, disapproval, deferral, or modification) is taken by the director of public works within thirty days after submittal of the initial request the permit shall be deemed approved. (1983 CC, c 10, art 2, sec 10-10; am 2001, ord 01-108, sec 1.)10-10 Section 10-11. Fees. (a) Before issuing a grading permit, the director of public works shall collect a permit fee for grading on the same site based on the volume of excavation or fill, whichever is greater, according to the following schedule: Volume of MaterialPermit Fee 0 — 100 cubic yards $5 101 — 1,000 cubicyards $5 for the first 100 cubic yards plus $2 for each additional 100 cubic yards or fraction thereof. 1,001 — 10,000 cubic yards $25 for the first 1,000 cubic yards plus $2 for each additional 1,000 cubic yards or fraction thereof. 10,001 cubic yards or more$41 for the first 10,000 cubic yards plus $2 per 1,000 cubic yards or fraction thereof. (b) Before issuing a grubbing permit, the director of public works shall collect a permit fee of $5 for grubbing in excess of one acre, plus $2 for each additional five acres or fraction thereof. (c) Before issuing a stockpiling permit the director of public works shall collect a permit fee of $5 for stockpiling in excess of the first five hundred cubic yards plus $2 for each additional one thousand cubic yards or fraction thereof. (d) Where work for which a permit is required by this chapter is started or proceeded prior to obtaining the permit, the fees specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein. 10-7 § 10-11H AWAI‘I C OUNTY C ODE (e) When grading, grubbing, or stockpiling is performed by or on behalf of the County, State, or Federal government, the director of public works shall waive the collection of any permit fee required in subsections (a), (b), and (c) above. (f) All permit fees shall be deposited in the general fund. (1983 CC, c 10, art 2, sec 10-11; am 1986, ord 86-124, sec 1; am 2001, ord 01-108, sec 1.)10-11 Section 10-12. Conditions and limitations. (a) The issuance of a grading permit shall constitute an authorization to do only that work which is described on the permit and on the plans and specifications approved by the director of public works. (b) Permits issued under the requirements of this chapter shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other code, department or division of the governing agency. (c) In granting any permit, the director of public works may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to: (1) Improvement of any existing grading to bring it up to the standards of this chapter; (2) Requirements for fencing of excavations or fills which otherwise would be hazardous; (3) Screen planting, landscaping, erosion control planting, or other treatments to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties of the community; (4) Cleaning up the area; and (5) Days and hours of operation. (1983 CC, c 10, art 2, sec 10-12; am 2001, ord 01-108, sec 1.)10-12 Section 10-13. Expiration. (a) Every grading or grubbing permit shall expire and become void unless the work permitted herein is started within ninety days after the date of issuance or within ninety days after the completion date specified thereon but not later than one year after the date of issuance. Extension of time may be granted if, in the judgment of the director of public works, the work authorized under the permit would not be exceeded. In such cases, no additional fee will be imposed. (b) Every stockpiling permit shall expire and become void one year after the date of issuance. All stockpiled material temporarily stored on the premises shall be removed from the premises or used on the premises as fill material under a grading permit for fill prior to the expiration date. Extension of time may be granted if, in the judgment of the director of public works, the work authorized under the permit would not be exceeded. In such cases, no additional fee will be imposed. (1983 CC, c 10, art 2, sec 10-13; am 2001, ord 01-108, sec 1.)10-13 10-8 E ROSION AND S EDIMENTATION C ONTROL§10-14 Section 10-14. Denial. (a) If the director of public works finds that the work as proposed by the applicant is likely to endanger any property or public way or structure or endanger the public health or welfare, the director shall deny the grading, grubbing or stockpiling permit. Factors to be considered in determining probability of hazardous conditions shall include, but not be limited to, possible saturation of the ground by rains, earth movements, geological or flood hazards, undesirable surface water runoff, subsurface conditions such as the stratification and faulting of rock and the nature and type of soil or rock. (b) Failure of the director of public works to observe or recognize hazardous conditions or the director’s failure to deny the grading, grubbing or stockpiling permit shall not relieve the permittee or the permittee’s agent from being responsible, or cause the County, its officers or agents, to be held responsible for the conditions or damages resulting therefrom. (1983 CC, c 10, art 2, sec 10-14; am 2001, ord 01-108, sec 1.)10-14 Section 10-15. Suspension or revocation. (a) The director of public works may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever: (1) The permit has been issued on the basis of incorrect or insufficient information supplied by the permittee; (2) The grading, grubbing, or stockpiling is not being performed in accordance with the terms and provisions of the permit; or (3) The grading, grubbing, or stockpiling discloses objectionable or unsafe conditions. (b) When a permit has been suspended or revoked, the permittee may submit detailed plans and proposals for compliance with the provisions of this chapter and for correcting the objectionable or unsafe conditions. Upon approval of such plans and proposals by the director of public works, the director may authorize the permittee in writing, to proceed with the work. (1983 CC, c 10, art 2, sec 10-15; am 2001, ord 01-108, sec 1.)10-15 Section 10-16. Construction prohibited prior to grading. No construction of any structure upon the premises involved shall be permitted until the director of public works has received the notice of completion that the grading, grubbing, or stockpile work has been completed in accordance with the grading permit. (1983 CC, c 10, art 2, sec 10-16; am 2001, ord 01-108, sec 1.)10-16 Section 10-17. Inspections. (a) Each permit issued under this chapter shall be deemed to include the right of the director of public works or the director’s authorized representatives to enter upon and to inspect the grading, grubbing, or stockpiling operations. 10-9 § 10-17H AWAI‘I C OUNTY C ODE (b) The permittee shall notify the director of public works at least two days before the permittee or the permittee’s agent begins any grading, grubbing or stockpiling. A copy of the permit, approved plans and specifications for grading, grubbing, or stockpiling shall be maintained at the site during the progress of any work. Where it is found by inspection that the soil or other conditions are not the same as stated or shown in the application for grading, grubbing, or stockpiling permit, the director of public works may stop the grading, grubbing, or stockpiling until revised plans, based upon the existing conditions, are submitted by the permittee and approved by the director of public works. Approval or disapproval of applicant’s revised plan shall be made within fourteen days from the date of receipt by the director of public works. (c) If the director of public works or the director’s representative finds that the work is not being done in conformance with this chapter or the plans and specifications approved by the director of public works, the director shall immediately notify the person in charge of the grading work of the nonconformity and immediately notify the responsible party of need for corrective measures to be taken. Grading operations shall cease until corrective measures satisfactory to the director of public works have been taken. (d) When a permittee has been served with a written notice, either by mail or personal service for failure to comply with any provision of this chapter, or when a permittee has had the permittee’s permit suspended or revoked by the director of public works, the permittee and any person connected with execution of the work authorized by the permit shall be denied a grading, grubbing, or stockpiling permit for such work until the permittee has complied and initiated action satisfactory to the director of public works to comply with the provisions of this chapter. (1983 CC, c 10, art 2, sec 10-17; am 2001, ord 01-108, sec 1.)10-17 Article 3. Conditions and Specifications. Section 10-18. Conditions of permit. (a) The requirements of this section may be waived by the director of public works after the permittee submits an engineer’s soils report substantiating data regarding the stability of the cut or fill slopes without complying with any of the requirements therein. (1) Height. Where a cut or fill is greater than fifteen feet in height, terraces or benches shall be constructed at vertical intervals of fifteen feet except that where only one bench is required, it shall be at the midpoint. The minimum width of such terraces or benches shall be eight feet or as determined by the director of public works, based upon the type of material encountered and shall have suitable drainage provisions to control erosion on the slope face. 10-10 E ROSION AND S EDIMENTATION C ONTROL§10-18 (2) Cut Slopes. Under the following soil conditions, no cut may be steeper in slope than the ratio of its horizontal to its vertical distance as shown below: ½ horizontal to 1 vertical in unweathered rock; 1½ horizontal to 1 vertical in decomposed rocks or rock and soil mixture; 2 horizontal to 1 vertical in low plasticity soils; 3 horizontal to 1 vertical in high plasticity soils for cuts up to five feet in vertical depths. Slopes for cuts exceeding this depth shall be as recommended in the engineer’s soils report. (3) Fill Slopes. Under the following soil conditions, no fill may be steeper in slope than the ratio of its horizontal to its vertical distance as shown below: 1½ horizontal to 1 vertical in rock and soil mixture; 2 horizontal to 1 vertical in low plasticity soils; 3 horizontal to 1 vertical in high plasticity soils for fills up to five feet in vertical height. Slopes for fills exceeding this height shall be as recommended in the engineer’s soils report. 10-18 (1983 CC, c 10, art 3, sec 10-18; am 1986, ord 86-6, sec 1; am 2001, ord 01-108, sec 1.) Section 10-19. Distance from property line of cut or fill slope. (a) The horizontal distance from the top of a cut slope or the bottom of a fill slope to the adjoining property line shall be as follows: Distance from Property Line Height of Cut or Fill (in feet) Zero feet to 4 feet 2 More than 4 feet to 8 feet 4 More than 8 feet to 15 feet 6 More than 15 feet 8 These requirements may be modified by the director of public works when cuts or fills are supported by retaining walls, approved by the building department, or when the permittee submits an engineer’s soils report stating that the soil conditions will permit a lesser horizontal distance without causing damage or danger to the adjoining property. (b) A retaining wall of six feet and over shall be designed by a professional engineer when deemed necessary by the director of public works. Setback requirements of the County zoning ordinance are referenced herein and the State land use commission and County zoning ordinance and other agencies’ requirements on shoreline improvements shall be complied with. (1983 CC, c 10, art 3, sec 10-19; am 2001, ord 01-108, sec 1.)10-19 10-11 § 10-20H AWAI‘I C OUNTY C ODE Section 10-20. Maximum cleared area. The maximum area of land that may be cleared for grading or grubbing is twenty acres. The area of land that may be cleared may be increased or reduced by the director of public works to control pollution and minimize storm damage. Additional area shall not be cleared for grading or grubbing until measures to prevent dust or erosion problems in the area already graded or grubbed have been completed. (1983 CC, c 10, art 3, sec 10-20; am 2001, ord 01-108, sec 1.)10-20 Section 10-21. Fill materials. The fill material may consist of rock, gravel, sand, soil, or a mixture thereof. Except for slopes, the fill shall be compacted to ninety percent of maximum density as determined by the ASTM soil compaction test D1557, as amended. The director of public works shall inspect the work and may require adequate inspection and compaction control substantiated by test results by an engineer qualified to prepare an engineer’s soils report. These requirements may be modified by the director of public works if the permittee submits an engineer’s soils report substantiating with appropriate investigation and analysis that the required ninety percent compaction density may be lowered without causing excessive settlement, creep, or stability problems. (1983 CC c 10, art 3, sec 10-21; am 2001, ord 01-108, sec 1.)10-21 Section 10-22. Preparation of ground surface; vegetation. (a) Before placing fill or stockpiling, the natural ground surface shall be prepared by removing the vegetation and, if required by the director of public works, shall be keyed by a series of benches. No fill shall be placed over any water spring, marsh, refuse dump, nor upon a soggy or springy foundation, provided that this requirement may be waived by the director of public works if the permittee submits an engineer’s soils report substantiating data regarding the safety of the fill. (b) Whenever feasible natural vegetation should be retained. If removed, trees, timber, plants, shrubbery, and other vegetation, after being uprooted, displaced, or dislodged from the ground by excavation, clearing, or grubbing, shall not be stored or deposited along the banks of any stream, river, or natural water course. After being uprooted, displaced or dislodged, such vegetation shall be disposed of and removed from the site within a reasonable time, but not to exceed three months. Exceptions providing for burial in open areas may be allowed as determined by the director of public works. (1983 CC, c 10, art 3, sec 10-22; am 2001, ord 01-108, sec 1.)10-22 Section 10-23. Report after grading; notification on completion. (a) When grading involves cuts or fills for which an engineer’s soils report is required, the permittee shall submit a report summarizing the construction technique and inspection data as well as a statement regarding conformity to this chapter and the project specifications. 10-12 E ROSION AND S EDIMENTATION C ONTROL§10-23 (b) The permittee or the permittee’s agent shall notify the director of public works or the director’s representative when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage structures and their protective devices have been completed and the required reports have been submitted. (1983 CC, c 10, art 3, sec 10-23; am 2001, ord 01-108, sec 1.)10-23 Section 10-24. Special conditions and requirements. (a) Any person performing or causing to be performed an excavation or fill shall, at that person’s own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties. (b) Any person performing or causing to be performed, any excavation or fill shall be responsible for the maintenance or restoration of street pavements, sidewalks, curbs, and improvements of public utilities which may be affected. The maintenance or restoration of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County and the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utilities companies affected. (c) Any person depositing or causing to be deposited, any silt or other debris in ditches, water courses, drainage facilities, and public roadways, shall remove such silt or other debris. In case such person shall fail, neglect, or refuse to comply with the provisions of this section within forty-eight hours after written notice, served upon the person, either by mail or by personal service, the director of public works may proceed to remove the silt and other debris or to take any other action the director deems appropriate. The costs incurred for any action taken by the director of public works shall be paid by such person. (d)At any stage of the grading, grubbing or stockpiling work, if the director of public works finds that further work as authorized by an existing permit is likely to create soil erosion problems or to endanger any life, limb, or property, the director may require safety precautions, which may include but shall not be limited to the construction of more gradual slopes, the construction of additional silting or sediment basins, drainage facilities or benches, the removal of rocks, boulders, debris, and other dangerous objects which, if dislodged, are likely to cause injury or damage, the construction of fences or other suitable protective barriers, the planting and sodding of slopes and bare areas and the performance of additional soil compaction. All planted or sodded areas shall be maintained. An irrigation system or watering facilities may be required by the director of public works. 10-13 § 10-24H AWAI‘I C OUNTY C ODE (e)At any stage of the grading, grubbing, or stockpiling operations, if the director of public works finds that further work as authorized by an existing permit is likely to create dust problems which may jeopardize health, property, or the public welfare, the director of public works may require additional dust control precautions and, if these additional precautions are not effective in controlling dust, may stop all operations. These additional dust control measures may include such items as sprinkling water, applying mulch treated with bituminous material, or applying hydro mulch. (1983 CC, c 10, art 3, sec 10-24; am 2001, ord 01-108, sec 1.)10-24 Section 10-25. Drainage. (a) Adequate provisions shall be made to prevent surface waters from damaging the cut face of an excavation or the sloping surfaces of a fill. All drainage provisions shall be designed to carry surface waters to a street, storm drain, natural water course, or other area, approved by the director of public works as a safe place to deposit and receive such waters. The director of public works may require such drainage structures and pipes to be constructed or installed, which in his opinion, are necessary to prevent erosion damage and to satisfactorily carry off surface waters. (b) Whenever the surface of a lot is excavated or filled, positive drainage shall be provided to prevent the accumulation or retention of surface water in pits, gullies, holes, or similar depressions which may create a hazard or nuisance. (c) The flow of any existing and known natural underground drainage shall not be impeded or changed so as to cause damage to adjoining property. (1983 CC, c 10, art 3, sec 10-25; am 2001, ord 01-108, sec 1.)10-25 Section 10-26. Erosion and sedimentation control. All grading, grubbing, and stockpiling permits and operations shall conform to the erosion and sedimentation control standards and guidelines established by the department of public works in conformity with chapter 180C, Hawai‘i Revised Statutes. (1983 CC, c 10, art 3, sec 10-26.)10-26 10-14 CHAPTER 11 HOUSING Article 1. Affordable Housing. Section 11-1. Title. Section 11-2. Objectives. Section 11-3. Definitions. Section 11-4. Affordable housing requirements. Section 11-5. Satisfaction of affordable housing requirements. Section 11-6. Repealed. Section 11-7. Calculation of affordable sales price. Section 11-8. Density bonus. Section 11-9. Sale of lots and units. Section 11-10. Buyer of finished lots. Section 11-11. Rental units. Section 11-12. Repealed. Section 11-13. Eligibility; preference. Section 11-14. Resale restrictions. Section 11-15. Transfer of excess credits. Section 11-16. Section 201G projects. Section 11-17. Effect on existing requirements. Section 11-18. Adoption of rules. Section 11-19. Reports by housing administrator. Article 2. Housing Production Funding. Section 11-21. Appropriation of funds for housing production. * Editor’s Note: Chapter 11, “Housing,” was repealed by Ordinance 96-162, section 21, and replaced with “Affordable Housing,” pursuant to Ordinance 98-1. SUPP. 15 (1-2024) i This page intentionally left blank. H OUSING §11-1 CHAPTER 11 HOUSING Article 1. Affordable Housing. Section 11-1. Title. This article shall be referred to as the County of Hawai‘i affordable housing policy. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2.)11-1 Section 11-2. Objectives. The objectives of this affordable housing policy are to: (1) Implement goals and policies of the general plan; (2) Promote and assist private development of housing for senior citizens, persons with disabilities and qualified households; (3) Use available governmental grants and funds in the development of affordable housing and increase the capabilities of qualified households to obtain affordable housing; (4) Support innovative, lower-cost approaches which may be used in the development of affordable housing; (5) Require large resort and industrial enterprises to address related affordable housing needs as a condition of rezoning approvals, based upon current economic and housing conditions; (6) Require residential developers to include affordable housing in their projects or contribute to affordable housing off-site. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2.)11-2 Section 11-3. Definitions. The following words and phrases, unless the context otherwise requires, are defined as follows: “Affordable housing” means dwelling units which may be rented or purchased at cost levels which can be afforded by persons or families who are within the definition of “qualified households,” as provided herein. “Affordable housing income guidelines” means those household income levels which shall be published annually by the office of housing and community development and as described further herein. “Affordable unit” or “affordable housing unit” means a lot or dwelling unit for sale or lease which serves as the primary residence for the respective buyer or renter and is affordable to qualified households earning no more than the percentages of the median income in the County of Hawai‘i as stated in this chapter. “Agency” shall be the same as is defined under chapter 2, article 13 of this Code, therein referred to as the “housing agency.” “Eligible buyer” means a person who meets eligibility requirements, including income limitations, as established by this chapter or by rule. SUPP. 15 (1-2024) 11-1 § 11-3 H AWAI‘I C OUNTY C ODE “Fifteen mile radius” means the distance from the site in question as measured in a straight line from the boundary of the parcel being rezoned. “Homeownership counselor” means a nonprofit or government entity that provides homeownership readiness education within the County. “Office of housing and community development (OHCD)” means the County entity responsible for the planning, administration and operation of all of the County’s housing programs with the goal of providing for the development of viable communities in Hawai‘i County by providing decent housing, suitable living environments and the expansion of economic opportunities, as provided in chapter 2, article 13 of this Code. “Qualified households” mean an individual or two or more related by blood, state- sanctioned adoption, foster parentage, guardianship, or marriage, occupying a dwelling unit and whose total household income is within the affordable housing income guidelines or who would otherwise qualify in a state or federal affordable housing program. “Qualified resident” means a person who is a full-time resident of the County of Hawaii, consistent with residency as defined in HRS § 235-1 and HRS § 11-13, as demonstrated by evidence satisfactory to the housing administrator. “Qualified returning student” means a person who was a qualified resident immediately prior to leaving the County of Hawaii to attend a university, college, or a trade school and who has not taken affirmative steps to relinquish their resident status within the County. A returning student may use the evidence of residency of a parent or guardian to demonstrate that the student was a qualified resident prior to their temporary departure from the County. “Qualified worker” means a person who earns at least seventy-five percent of their income within a distance specified by the housing administrator of any affordable housing project, as demonstrated by evidence satisfactory to the housing administrator. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2; am 2005, ord 05-111, sec 1; am 2007, ord 07-109, sec 1; am 2011, ord 11-84, sec 1; am 2014, ord 14-8, sec 2; am 2023, ord 23-77, secs 1 and 2.)11-3 Intentionally left blank. SUPP. 15 (1-2024) 11-2 H OUSING This page intentionally left blank. SUPP. 15 (1-2024) 11-2.1 § 11-4 H AWAI‘I C OUNTY C ODE Section 11-4. Affordable housing requirements. (a) The affordable housing requirements shall apply to: (1) All new rezonings that may create additional residential uses, including rezonings, to RS, RD, RM, RCX, RA and FA districts, and APD rezonings where lot sizes are less than five acres, and CG, CV, CN and PD districts when residential uses are established in those districts; (2) All new rezonings to resort, including hotels established in V, CV, CG, CDH or PD districts; (3) All new rezonings to ML, MG, and MCX districts; (4) All prior rezoning actions which contain affordable housing conditions that have not been satisfied as of the effective date of this ordinance, or to which the County has not agreed previously as to the specific means of satisfying the requirements. (b) Requirements for residential uses. (1) Four or fewer residential units or lots: no requirement; (2) Five or more residential units or lots: the applicant must earn affordable housing credits equal to twenty percent of the number of units or lots (rounded to the nearest .5); (3) Time share units shall be considered as residential units. (c) Requirement for resort and hotel uses. Resort and hotel uses generating more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. Intentionally left blank. SUPP. 15 (1-2024) 11-2.2 H OUSING §11-4 (d) Requirements for industrial uses. (1) The industrial uses that must fulfill the affordable housing requirements are any uses allowed as of right in an ML or MG district, except for home improvement centers, and any uses that are also allowed as of right in a CG district. (2) Credits required. (A) Individual industrial enterprises generating more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. (B) Rezonings to ML, MG, or MCX, approved after August 22, 2007 with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. (i) At the time of rezoning, the potential job generation shall be assumed to be ten full-time equivalent jobs per acre to determine whether subsequent development within the rezoned area must satisfy an affordable housing requirement. (ii) At the time of plan approval, pursuant to section 11-9(b), the affordable housing requirement shall be based upon ten full-time equivalent jobs per acre, or one per 1,000 square feet of gross floor area, whichever is greater, provided that the administrator, after consultation with the planning director, shall adjust the number of jobs based on proof that the actual number of jobs created will deviate from this standard, and provided that in that case, the affordable housing requirement shall be reassessed if the use is changed. (iii) The applicant may also satisfy the affordable housing requirement at the time of final subdivision approval for all or a portion of the lots created within the rezoned area, provided that in that case, the applicant shall be required to earn one affordable housing credit for every ten full-time equivalent jobs created, based on ten full-time equivalent jobs per acre. (iv) Hawai‘i County Council districts 2, 3, 4, and 5 would be exempt from inclusion in chapter 11, article 1, section 11-4(d), until such time that either the Hawai‘i County Council or the Hawai‘i County planning director deem their inclusion necessary and a resolution stating such is passed by the County Council. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2; am 2005, ord 05-111, sec 2; am 2007, ord 07-110, sec 2.)11-4 Section 11-5. Satisfaction of affordable housing requirements. (a) The developer may satisfy the affordable housing requirements by doing any of the following: (1) Construct and sell affordable for-sale units on-site; 11-3 § 11-5 H AWAI‘I C OUNTY C ODE (2) Construct and sell affordable finished lots on-site, but only if the entire project consists of finished lots; (3) Construct and sell affordable for-sale units off-site, but within a fifteen-mile radius of the project site; (4) Construct and rent affordable rental units on-site, or off-site, within a fifteen- mile radius of the project site; (5) Convey to the County or, at the County’s direction to a non-profit entity, developable land within a fifteen-mile radius of the project site. The land to be conveyed shall be acceptable to and approved by the OHCD, with availability of road access, water, electricity, telephone service and without unusual site conditions that make it difficult to build a home, to accommodate the number of homes the developer would be required to provide if its required credits were earned by selling completed dwelling units to households with a family size of four earning 110% of median income per section 11-7(a); developers conveying finished lots with road access, drainage, water, electricity and sewer when sewer lines are available, shall be entitled to a 50% reduction of the affordable housing requirement. (6) Convey to the County or, at the County’s direction to a non-profit entity, infrastructure within a fifteen-mile radius of the project site. The value of the infrastructure to be conveyed shall be determined by appraisal and shall be not less than 100% of the sales price of the affordable homes that the developer would be required to provide level if its required credits were earned by selling completed dwelling units to households with a family size of four earning 110% of median income per section 11-7(a). Any infrastructure provided must be directly related to the future provision of affordable housing; (7) Obtain excess credits from another developer pursuant to section 11-15. (b) The affordable unit or finished lot shall be completed with road access, drainage, water, electricity, sewer lines, if required, and telephone, and, in the case of finished lots, shall not have unusual site conditions that make it difficult to build a home. (c) Affordable housing credits. The developer shall earn affordable housing credits as follows: (1) Sale of completed dwelling units affordable to qualified households earning 120-140% of median: 0.5 credit per unit; (2) Sale of completed dwelling units affordable to qualified households earning 100-120% of median: 1.0 credit per unit; (3) Sale of completed dwelling units affordable to qualified households earning 80- 100% of median: 1.5 credits per unit; (4) Sale of completed dwelling units affordable to qualified households earning less than 80% of median: 2.0 credits per unit; (5) Construction and rental of rental units affordable to qualified households earning 100-120% of median: 0.5 credit per unit; (6) Construction and rental of rental units affordable to qualified households earning 80-100% of median: 1.0 credit per unit; 11-4 H OUSING §11-5 (7) Construction and rental of rental units affordable to qualified households earning 60-80% of median: 1.5 credits per unit; (8) Construction and rental of rental units affordable to qualified households earning less than 60% of median: 2.0 credits per unit; (9) Sale of finished lots affordable to qualified households earning no more than 100% of median: 0.5 credit per lot; (10) Sale of finished lots affordable to qualified households earning no more than 80% of median: 1.0 credit per lot; (11) Conveyance of land to a nonprofit corporation or governmental agency for construction of for-sale housing units affordable for qualified households earning no more than 80% of the median, or construction of for-rent housing units affordable for qualified households earning no more than 60% of the median, subject to the approval of the administrator of the feasibility, location, and type of project. After the approval of the administrator, the credits are earned upon the conveyance of the land: 1.0 credit per unit; (12) A developer shall ensure that each affordable housing unit for which credit was earned or awarded shall comply with resale restrictions established by section 11-14. (d) Affordable housing percentage requirements. (1) If the developer will satisfy its affordable housing requirements by constructing completed dwelling units for sale or rental, the affordable prices at which the units are sold shall be such that: (A) A minimum of 20% of the required affordable housing credits are earned at a 1 or greater credit per unit level; (B) A minimum of 30% of the required affordable housing credits are earned at a 1.5 or greater credit per unit level; and (C) A minimum of 40% of the required affordable housing credits are earned at the 2 per unit credit level. (2) If the developer will satisfy its affordable housing requirements by offering finished lots, the lots shall be sold at a range of affordable prices, such that: (A) A minimum of 20% of the required affordable housing credits are earned at a .5 or greater per unit credit level; and (B) A minimum of 20% of the required affordable housing credits are earned at the 1.0 per unit credit level. (e) The units shall be constructed so that the unit size, the number of bedrooms, and the bedroom sizes of the affordable units are respectively consistent to the unit size, the number of bedrooms, and the bedroom sizes of the market units. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2; am 2005, ord 05-111, sec 3; am 2006, ord 06-119, sec 1; am 2007, ord 07-109, sec 2; am 2011, ord 11-38, sec 1; ord 11-84, sec 2; am 2012, ord 12-81, sec 1.)11-5 Section 11-6. Repealed. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec2; am 2007, ord 07-10, sec 1; rep 2011, ord 11-84, sec 3.)11-6 11-5 § 11-7 H AWAI‘I C OUNTY C ODE Section 11-7. Calculation of affordable sales price. (a) The OHCD shall calculate the affordable sales price for various household sizes annually. The affordable sales price for completed units shall be the price that is affordable to households earning the stated percentages of the median income for the County of Hawai‘i, using the Housing and Community Development Corporation of Hawai‘i guidelines, and the most current annual average interest rate for a thirty-year conventional fixed mortgage, not seasonally adjusted, for the twelve months ending in the previous year, as published by the Federal Home Loan Mortgage Corp. For 2005, the affordable sales price for a household of four persons earning one hundred percent of median shall be $203,400 less any adjustments due to association fees or similar fees. (b) The affordable sales price for finished lots shall be the affordable sales price for a completed unit for a household of four persons, earning one hundred percent of the median income in the County of Hawai‘i, less the cost to build a single-family home of 1,100 square feet in the general area, as estimated by OHCD. In 2005, the affordable sales price for a finished lot shall be $95,000. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2.)11-7 Section 11-8. Density bonus. (a) Any project subject to an affordable housing requirement under this chapter that fulfills its housing requirement by constructing affordable dwelling units for sale or rent or by donating finished lots with infrastructure shall be entitled to a density bonus increasing the total number of residential units that may be constructed on the site by ten percent, and decreasing the minimum lot size by ten percent, compared to the number of units otherwise allowable and the minimum lot size as established by the zoning code. (b) If a project fulfills its affordable housing requirement off-site, the density bonus can be used on the non-affordable site, or the affordable housing site, or divided between the two sites. (c) The density bonus may not be used in the State Land Use Agricultural District or Rural Districts to create lots less than the minimum lot sizes required in those districts. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2; am 2014, ord 14-37, sec 1.)11-8 Section 11-9. Sale of lots and units. (a) Before obtaining final subdivision approval or plan approval for any for-sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the required number of homes or lots will be sold at the required affordable sales price, or that the required number of rental units will be offered for rent at the affordable rental price, or that the applicant will obtain excess credits sufficient to satisfy its requirements. 11-6 H OUSING §11-9 (b) Before obtaining final plan approval for any resort, hotel, or industrial project, or not-for-sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the affordable housing requirements will be met before the issuance of a certificate of occupancy for the project. (c) All agreements shall be recorded against the property. (d) All for-sale affordable units and lots shall be sold only to eligible buyers during a ninety-day preferential marketing period. (e) If the developer cannot sell the units or lots to eligible buyers during the ninety-day preferential marketing period, there shall be a second ninety-day period wherein the developer shall, in consultation with one or more OHCD-approved homeownership counselors, actively market the unsold units or lots to clients of those homeownership counselors, provided those clients either are or may be qualified to purchase the unsold units or lots. If a unit or lot is not under contract for sale by the end of the one hundred and eighty days, such unit or lot shall be offered for sale to persons who are otherwise eligible, but have previously owned a residence, for an additional period of thirty days. If a unit or lot is not under contract for sale after the two hundred ten-day period, the developer may sell the unit or lot to any person at the affordable sales price. Notwithstanding the foregoing, at any time after the initial ninety-day preferential marketing period, the housing administrator may authorize the County to purchase any unsold unit or lot at the affordable sales price. (f) For sale units shall be sold on a per unit basis using mortgages where the term is fixed for a minimum of at least fifteen years. (2005, ord 05-23, sec 2; am 2011, ord 11-84, sec 4; am 2014, ord 14-8, sec 3.)11-9 Section 11-10. Buyer of finished lots. The purchaser of a finished lot that is used to fulfill an affordable housing requirement, and that is sold during the preferential marketing period, shall enter into a binding contract for the construction of a residence on the lot within two years of the date of sale, and complete construction within three years of the date of sale, or, if the purchaser is an owner-builder, shall commence construction within two years and complete construction within three years of the date of sale. During this three-year period, the purchaser may sell only to eligible buyers, as determined by the housing administrator, and the sales price shall not exceed the original purchase price, plus an inflation factor based on the increase in the Consumer Price Index for Honolulu, and reasonable compensation for improvements, if any, made by the purchaser. If the purchaser does not meet these time limits, the purchaser shall offer to sell the lot to the County, or, at the election of the housing administrator, to eligible buyers, at a price that does not exceed the original purchase price, plus an inflation factor based on the Consumer Price Index for Honolulu, plus reasonable compensation for improvements, if any, made by the purchaser. (2005, ord 05-23, sec 2; am 2014, ord 14-8, sec 4.)11-10 11-7 § 11-11 H AWAI‘I C OUNTY C ODE Section 11-11. Rental units. (a) The housing administrator shall determine the affordable rental price for units of various sizes annually. (b) The developer shall enter into an agreement with the County that the rental prices on the units shall be controlled for no less than twenty years after initial occupancy. (2005, ord 05-23, sec 2; am 2014, ord 14-8, sec 5.)11-11 Section 11-12. Repealed. (2005, ord 05-23, sec 2; rep 2011, ord 11-84, sec 5.)11-12 Section 11-13. Eligibility; preference. (a) Eligibility requirements. (1) The applicant, and the applicant’s spouse or reciprocal beneficiary if applicable, may not independently or jointly, unless separated and living apart under a decree from a court of competent jurisdiction, own a majority interest of more than fifty percent in fee simple and/or leasehold of any real estate property that is suitable for dwelling purposes or lands under any trust agreement or other fiduciary arrangement in which another person holds legal title to such land. (2) The housing administrator may allow households with incomes up to twenty percent greater than the income on which the maximum sales price was based to be qualified to purchase a unit. (3) The housing administrator may establish additional eligibility criteria in administrative rules. (b) Unless otherwise prohibited by a grantor to the County for an affordable housing project, for any affordable housing project for which the office of housing and community development is responsible for receiving and evaluating applications, the housing administrator shall: (1) Define the distance from the affordable housing project to be used to identify qualified workers, if applicable; (2) Determine order of preferences and rank applicants based on the following preference categories: (A) Income eligible qualified resident; (B) Income eligible qualified worker; and (C) Income eligible qualified returning student; (3) Select applicants based on application date within the pool of similarly ranked applicants; and (4) Validate the preference status of an applicant prior to occupancy of an affordable unit. (2005, ord 05-23, sec 2; am 2023, ord 23-77, sec 3.)11-13 SUPP. 15 (1-2024) 11-8 H OUSING This page intentionally left blank. SUPP. 15 (1-2024) 11-8.1 § 11-14 H AWAI‘I C OUNTY C ODE Section 11-14. Resale restrictions. The housing administrator shall establish resale restrictions by rule to ensure that units created under this policy remain affordable. Such rules may include, but not be limited to, buy-back, shared appreciation, and other restrictions. The housing administrator may be delegated the authority to select the resale restriction applicable to a particular project. Notwithstanding any provision or rule to the contrary, for a period of ten years from the first date of sale of any affordable unit created in satisfaction of the requirements of this chapter, said unit may only be sold to another eligible buyer in the same or lower median income level as the original purchaser of said unit. Organizations classified under Section 501 (c) of the United States Internal Revenue Code and those that utilize United States Department of Agriculture funding programs are exempt from resale restrictions applicable to eligible buyers in the same or lower median income level. (2005, ord 05-23, sec 2; am 2011, ord 11-38, sec 2; am 2014, ord 14-8, sec 6.)11-14 Section 11-15. Transfer of excess credits. (a) Developers who construct new affordable housing units in excess of any requirements imposed under this chapter or any other requirement may earn “excess credits” which they may transfer to other developers. (b) The developer shall earn the excess credits pursuant to section 11-5(c). (c) To qualify for excess credits, units must be sold or rented to qualified households. The developer shall apply to the administrator for approval of the excess credits. (d) After approval of the excess credits, the developer may transfer the excess credits to any other project that is within the distance established in section 11-5(a)(3), to fulfill part or all of the affordable housing requirements of the other project. The developer shall obtain approval for the transfer of excess credits from the housing administrator before initiating any such transfer. The housing administrator shall validate any such transfer of excess credits upon completion of the transaction. Excess credits that are transferred in violation of this section are voidable at the discretion of the County. Intentionally left blank. SUPP.16 (7-2024) 11-8.2 H OUSING §11-15 (e) If the project applying for the excess credits was developed with a direct subsidy from the federal, state, or county governments, the administrator shall either (1) discount the excess credits earned by the value of the subsidy, or (2) require that the Agency or other public entity subsidizing the project share equitably in the proceeds from the transfer of the excess credits. If the project was developed by a nonprofit corporation and sold to qualified households earning not more than 80% of the median, or rented to qualified households earning not more than 60% of the median, the discount shall not exceed 50% of the credits. The administrator may waive these requirements if the project earning the excess credits addresses a critical housing need and the excess credits, in addition to the direct subsidy, are or were a necessary inducement to the construction of the project, or if the excess credits are earned by a nonprofit entity that will use the proceeds for the construction of more affordable housing. (f) For the purposes of this section, a “direct financial subsidy” includes the provision of land at below market value, or governmental construction of infrastructure necessary for a housing project, but does not include density bonuses, zoning or other permitting exemptions under section 201G-118, Hawai‘i Revised Statutes, or federal or state tax credits for the construction of rental housing. (2005, ord 05-23, sec 2; am 2005, ord 05-111, sec 4; am 2024, ord 24-18, sec 1.)11-15 Section 11-16. Section 201G projects. The County’s exemption authority, as contained in chapter 201G, Hawai‘i Revised Statutes, may be utilized to expedite change of zone requests, subdivision applications, and plan review as well as the consideration of reduced development standards. (2005, ord 05-23, sec 2.)11-16 Section 11-17. Effect on existing requirements. This policy supersedes all previous affordable housing requirements and Hawai‘i County Housing Agency Resolution 65 dated May 2, 1990 and Ordinance 98-1. Any affordable housing condition or portion thereof in any prior rezoning ordinance which has not been fully satisfied as of the effective date of this policy shall be reassessed pursuant to this policy unless the County has previously agreed as to the specific means of satisfying the requirements, in which case, this amended policy shall apply only to the extent it is not inconsistent with the agreement. In no event shall the County of Hawai‘i reimburse or be obligated to reimburse any person or entity for the partial or full satisfaction of an affordable housing condition in any ordinance which became effective prior to the effective date of this policy. (2005, ord 05-23, sec 2.)11-17 SUPP. 16 (7-2024) 11-9 § 11-18 H AWAI‘I C OUNTY C ODE Section 11-18. Adoption of rules. The housing administrator is authorized to adopt such rules pursuant to Chapter 91, Hawai‘i Revised Statutes, as are necessary to carry out this ordinance. (2005, ord 05-23, sec 2.)11-18 Section 11-19. Reports by housing administrator. (a) Affordable housing agreements. Within thirty calendar days following the date of execution of any affordable housing agreement executed in satisfaction of this chapter, the housing administrator shall submit a copy of the affordable housing agreement to the council. (b) Quarterly reporting. The housing administrator shall provide reports to the council relating to the activities of each quarter. Reports shall cover the following periods: January through March; April through June; July through September; and October through December and be submitted to the council within sixty calendar days following the end of each period. The first report shall be submitted to the council by March 1, 2023 and include information relating to the period October through December 2022. Each report shall include the following: (1) A list of developers in possession of excess affordable housing credits and the number of affordable housing credits each developer has earned, transferred, redeemed, and remains in possession of as of the end of the quarterly reporting period; (2) A summary of the current affordable housing inventory; and (3) An accounting of significant actions taken under authority of this chapter including, but not limited to: (A) For sale affordable housing units developed and sold; (B) Finished affordable housing lots constructed and sold; (C) Affordable housing rental units constructed and being rented; (D) Developable land conveyed; (E) Infrastructure conveyed; (F) Affordable housing units resold; and (G) Density bonuses granted. (2005, ord 05-23, sec 2; am 2014, ord 14-8, sec 7; 2023, ord 23-20, sec 1.)11-19 Article 2. Housing Production Funding. Section 11-21. Appropriation of funds for housing production. At least $5,000,000 per year shall be appropriated for the office of housing and community development to facilitate programs that support affordable housing production. Any remaining balance at the end of the fiscal year should be designated for this purpose. (2022, ord 22-77, sec 1.) 11-21 SUPP. 14 (7-2023) 11-10 CHAPTER 12 IMPROVEMENTS BY ASSESSMENTS Article 1. General Provisions. Section 12-1. Definitions. Section 12-2. Method; authority to issue bond. Section 12-3. Repealed. Section 12-4. Improvements outside designated districts. Section 12-5. Lands exempt from taxation; costs. Section 12-6. Powers reserved to council. Section 12-7. Costs advanced and borne by owners and County. Section 12-8. Limitation on time to sue. Section 12-9. Ratification and validation. Article 2. Procedure. Section 12-10. Initiation by council; study of proposed improvement; adoption of improvement; hearing. Section 12-11. Report of responsible director or manager. Section 12-12. Filing of protests. Section 12-13. Waiver of objections. Section 12-14. Petition by sixty percent of owners. Section 12-15. Petition by twenty percent of owners. Section 12-16. Petition by owners of one hundred percent of frontage or area. Section 12-17. Determination by council. Section 12-18. Resolution to define extent of improvement. Section 12-19. Responsible director or manager to prepare map showing improvements, details, plans and specifications. Section 12-20. Plans and specifications from cooperating department. Section 12-21. Land acquisition; procedure; cost; condemnation award. Section 12-22. Construction of water system; inspections; costs borne by County. Section 12-23. Repealed. Section 12-24. Bidding; award of contract. Section 12-25. Repealed. Section 12-26. Contract for off-site water facilities. Section 12-27. Corrected map; preliminary assessment roll and description; notice of authorized improvement. Section 12-28. Combination hearings; applicable proceedings. Section 12-28.1. Termination of improvement districts. Article 3. Assessments. Section 12-29. Assessments fixed by ordinance; owner application to pay reduced assessment. i Section 12-30. Amended assessments upon consolidation or subdivision. Section 12-31. Notice and collection of assessments. Section 12-32. Assessment as lien; order of priority; mistakes or errors. Section 12-33. Due date of payments; election to pay by installments. Section 12-34. Payment of installments. Section 12-35. Advance payment of assessment installment. Section 12-36. Installment collection expense. Section 12-37. Payment in bonds. Section 12-38. Failure to pay installments. Section 12-39. Owner of undivided interest. Section 12-40. Sale for default. Section 12-41. Purchase at sale. Section 12-42. Certificate of balance due. Section 12-43. Sale of land by director; terms. Article 4. Finance and Payment. Section 12-44. Improvement bonds authorized. Section 12-45. Contents of bonds. Section 12-46. Execution of bonds; records; funds for payment. Section 12-47. General obligation bonds and special assessment revolving fund. Section 12-48. Exemption of general obligation bonds from certain requirements. Section 12-49. Special fund for administrative and pre-formation costs and payment of bonds; use of surplus; insufficient funds. Section 12-50. Reserve fund. Section 12-51. Repealed. Section 12-52. Place of payment of bonds. Section 12-53. Sale of bonds; use as payment to contractor. Section 12-54. Payment of bonds. Section 12-55. Repealed. Section 12-55.1. Exemption from taxes. Section 12-56. Bonds not chargeable against general revenue. Section 12-57. Errors in computation of amount due. Article 5. Refunding. Section 12-58. Refunding authorized. Section 12-59. Initiation of refunding. Section 12-60. Protest against refunding. Section 12-61. Determination by council. Section 12-62. Refunding bonds. Section 12-63. Petition by all owners. Section 12-64. Cancellation of retired bonds. Section 12-65. Obligations unimpaired. ii I MPROVEMENTS B Y A SSESSMENTS § 12-1 CHAPTER 12 IMPROVEMENTS BY ASSESSMENTS Article 1. General Provisions. Section 12-1. Definitions. As used in this chapter: “Affected assessment unit” means an assessment unit determined, pursuant to sections 12-2(b), 12-18 and 12-29(a), to be an affected assessment unit with respect to a reasonably anticipated future change in classification or use that will result in increased special benefits conferred on such assessment unit. “Assessment unit” means, with respect to a special assessment, a subdivided parcel of land and/or condominium unit that will be subject to such special assessment; provided, however, that every assessment unit shall have a unique tax map key number. “Condominium unit” means an “apartment” as defined in section 514A-3, Hawai‘i Revised Statutes, and may include, if so determined by the council, the common elements and/or limited common elements appurtenant thereto, as set forth in the declaration of condominium property regime or horizontal property regime which created such apartment. “Cooperating department” means a department of the County, other than the responsible department, that undertakes or supervises the construction and installation of a portion of the special improvements for an improvement district. “Cost” means the cost, either estimated or actual, as the case may be, of the improvements to be opened, constructed or improved in proceedings taken pursuant to this chapter for which assessments are to be levied. There may be included within the definition of “cost,” amounts for construction contingencies, bond discounts, reserve funds, capitalized interest, and incidentals. “Improvement district” means any contiguous or noncontiguous area within the County which has been designated by the council as an improvement district for the purposes of this chapter. “Incidentals” means expenses in carrying out proceedings pursuant to this chapter for: (1) Preparation of maps, notices, and other documents; (2) Posting, mailing and publication costs; (3) Preparation and printing of bonds, bond registers and transfer books; (4) Fees of financial, legal, engineering and surveying consultants; and (5) Such other administrative or miscellaneous expenses which relate directly to the proceedings. “Owner” of an assessment unit means the person to whom the real property tax for such assessment is assessed, as shown on the real property tax assessment roll, regardless of whether such person is exempt from the payment of such tax. SUPP. 8 (7-2020) 12-1 § 12-1 H AWAI‘I C OUNTY C ODE “Premium” means: (1) An amount payable by a property owner at the time the owner makes an advance payment of unpaid installments of the assessment in accordance with the provisions of section 12-35 (Advance payment of assessment installment) which amount is in addition to the unpaid principal amount the owner’s assessment and the interest thereon to the next date for the payment of installments; (2) An amount payable to the holder of a bond issued pursuant to this chapter which is called by the director of finance for payment before maturity in accordance with the provisions of section 12-54 (Payment of bonds), and which is in addition to the face amount of such bond and the interest thereon payable to such bondholder; or (3) An amount paid by the purchaser of the bonds in excess of the par value of the bonds. “Responsible department” means: (1) in the case of a water system improvement district, the department of water supply of the County; (2) in the case of a sewer system improvement district, the department of environmental management of the County; and (3) in all other cases, the department of public works of the County or, if applicable, such other department of the County as shall have primary responsibility for undertaking or supervising the construction and installation of the special improvements for the improvement district in question. “Responsible director or manager” means the director or manager of the responsible department. “Special improvement,” “improvement,” “the making of a special improvement,” “make any special improvement” and equivalent expressions include any one or any combination of the following: (1) The establishment, opening, extension, widening, or altering of any street, alley, or other highway or sidewalk; (2) The grading, paving, curbing, or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; (3) The construction of a storm drainage facility; (4) The construction of a street lighting system; (5) The construction of a water system; (6) The construction and installation of underground or overhead utility facilities including gas, electrical, telephone or television facilities, and the removal, relocation, replacement or reconstruction thereof; (7) The establishment, extension, or construction of public off-street parking facilities, pedestrian malls, parks, playgrounds, beach areas, or other public recreational areas and facilities; (8) Improvements related to the foregoing, and to otherwise improve any of the foregoing to an extent exceeding maintenance or repair thereof; (9) Any other public improvement, which will specially benefit the assessment units to be assessed. SUPP. 8 (7-2020) 12-2 I MPROVEMENTS B Y A SSESSMENTS § 12-1 “Sewer system improvement district” means an improvement district in which the improvements to be made are exclusively those to construct a sewer system or upgrade an existing sewer system, including the restoration of roadways or other facilities incidental to such construction or upgrading. “Storm drainage facility” includes “sanitary sewerage system.” “Water system improvement district” means an improvement district in which the improvements to be made are exclusively those to construct a water system or upgrade an existing water system, including the restoration of roadways or other facilities incidental to such construction or upgrading. (1983 CC, c 12, art 1, sec 12-1; am 1990, ord 90-127, sec 1; am 1995, ord 95-22, sec 2; am 2002, ord 02-82, sec 2; am 2011, ord 11-66, sec 2; am 2020, ord 20-7, sec 2.) 12-1 Section 12-2. Method; authority to issue bond. (a) Whenever in the opinion of the council it is desirable to make any special improvement in any improvement district, the special improvement shall be made and done under the provisions of this chapter. The cost of the special improvement including the cost of acquiring (whether prior to or after the commencement of the proceedings for such improvements) any new land therefor, shall be assessed against the assessment unit specially benefited on the basis of any method or methods which the council finds assesses the assessment unit according to the special benefits conferred thereon, which may include, without limitation, any of the following: (1) Frontage; (2) The area of the assessment unit; (3) The permissible number of dwelling units permitted on each parcel under applicable zoning provisions; (4) The amount of water allotted to each assessment unit; (5) Minimum required sewer capacity of the assessment unit; (6) Traffic generation/usage for road improvements; (7) The square footage of buildings and/or other improvements; or (8) Any other method that the council finds assesses said assessment units according to the special benefits conferred on said assessment units or any combination thereof. (b) Any provision or section to the contrary notwithstanding, in determining the applicable method of assessment for any improvement district under subsection (a) above, the council may, in its discretion, give consideration to the following, if applicable: (1) In the case of assessment units or classes of assessment units having different uses which affect the nature or extent of the special benefits to be conferred thereon by the proposed special improvements, the method of determining the assessments against such assessment units or classes of assessment units may vary based on their respective uses to the extent that the council deems appropriate in order to reflect the special benefits conferred thereon. SUPP. 8 (7-2020) 12-3 § 12-2 H AWAI‘I C OUNTY C ODE (2) In addition, if a change in classification or use is reasonably anticipated with respect to specified assessment units that will result in increased special benefits conferred thereon, the council may designate such assessment units as affected assessment units with respect to the anticipated change in classification or use, in which case the assessments against such affected assessment units shall be subject to change upon the effectiveness of the anticipated change in classification or use to reflect the increased special benefits; provided that the change in assessments on the affected assessment units is authorized in the resolution creating the improvement district pursuant to section 12-18 and the ordinance fixing the assessments for the improvement district pursuant to section 12-29. (c) The County may issue and sell bonds to provide the funds for such improvements, which bonds shall be secured by such assessments as a lien upon the assessment units assessed. For such purpose, the council may create, define and establish improvement districts, all according to the provisions of this chapter. (1983 CC, c 12, art 1, sec 12-2; am 1990, ord 90-127, sec 1; am 2002, ord 02-82, sec 3; am 12-2 2020, ord 20-7, sec 3.) Section 12-3. Repealed. (1983 CC, c 12, art 1, sec 12-3; rep 1990, ord 90-127, sec 2.) 12-3 SUPP. 8 (7-2020) 12-3.1 I MPROVEMENTS B Y A SSESSMENTS This page intentionally left blank. SUPP. 8 (7-2020) 12-3.2 § 12-4 H AWAI‘I C OUNTY C ODE Section 12-4. Improvements outside designated districts. (a) Improvements which may be outside the improvement district boundaries but which confer special benefits on assessment units within the improvement district may be included as part of the special improvements in the improvement district and the cost thereof shall be assessed as provided in this chapter. (b) The cost of improvements described in section 12-4(a) which benefit more than one improvement district shall be apportioned among the affected improvement districts according to the special benefits conferred upon the assessment units within said improvement districts. (1983 CC, c 12, art 1, sec 12-4; am 1990, ord 90-127, sec 3; am 2002, ord 02-82, sec 4.)12-4 Section 12-5. Lands exempt from taxation; costs. (a) Whenever any public land, or any land by law exempted from assessments of the character provided for in this chapter, forms part of any improvement district or fronts upon or is situated with relation to any special improvement or area to be so improved in such manner that such land would, if privately owned or not exempt from such assessment, be subject to assessment, the council shall, nevertheless, without assessing such public or exempted land for any part of the cost of such improvements, by general ordinance appropriate and pay toward such improvements out of general revenues the portion of the cost thereof which would otherwise be assessable against the same in lump sum, or, at the election of the council, in such equal installments with such interest thereon as the council shall determine. In the event, however, any part of such exempt land, except public lands, may be required for right-of-way or easement purposes within such improvement districts the value thereof shall be chargeable to the improvement district, and upon acquisition the owner shall be compensated therefor in the following manner: (1) Where the value of the part taken together with any severance damages exceeds the portion of the cost of the improvements which would otherwise be assessable against the exempt land, the County shall pay the difference to the owner; or (2) Where the value is less than the portion of the cost of improvements which would otherwise be assessable against such exempt lands, the value of the land shall be deducted therefrom and the County shall pay the balance of the assessment as provided herein. (b) With respect to any such proposed improvement where any part of the cost is to be borne by the County, the council shall have the same right of approval or protest as though the County were the private owner of the public or exempted land so involved. As to such expenditure for public and exempt lands, the County shall be entitled to be reimbursed out of State revenues by appropriations to be made from time to time by the legislature to the extent of fifty percent of all assessments regularly apportioned against persons, corporations or entities, which are part of any improvement district or frontage improvement and are exempted by law from 12-4 I MPROVEMENTS B Y A SSESSMENTS § 12-5 the payment of such assessments. The County shall be entitled to be likewise reimbursed for the full amount of assessments regularly apportioned against public lands which are a part of any improvement district or frontage improvement, which public lands are owned in fee simple by the United States, or by the State, and which are not set aside for schools maintained by the County, for County parks, or for other County purposes or for street areas or frontages; provided, that in case any land exempted by law from assessments as herein provided, other than public land, or any part thereof, is sold or leased after the establishment of a frontage improvement or an improvement district, the grantee in the one case and the lessor in the other, shall assume the payment of assessments from the date of such sale or lease in the same manner as if the property had not been exempted from assessments and as if assessments apportionable against the property had been paid in installments to such date of sale or lease. All payments received from such grantee or lessor, as the case may be, shall be paid into the permanent improvement fund. (c) Nothing in this section shall be taken to prejudice any rights of the State to reimbursement from the United States for assessments herein assumed by the State, but the latter shall be subrogated to the rights of the County on such assessments so assumed. (1983 CC, c 12, art 1, sec 12-5.)12-5 Section 12-6. Powers reserved to council. Any provision of law to the contrary notwithstanding, the council reserves the following powers over any proposed improvement district, whether County-initiated under section 12-10 or initiated by petition of owners under sections 12-14, 12-15, 12-16, or otherwise. (a) If, for any reason whatsoever, the improvement district bonds authorized under article 4 are not sold or cannot be sold to any acceptable purchaser within a reasonable time, then the council shall have the power and authority to terminate the entire improvement district project, or any part thereof. In the event that the project is terminated, in the case of petitions by owners under sections 12-14, 12-15 and 12-16 hereof, the petitioners shall be responsible for all costs incurred by the County for such improvement district. The County may assure such repayment by requiring reasonable deposits therefor. (b) In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under section 12-29, the council shall have the power and authority to terminate the entire improvement district project, or any part thereof, if it determines that the improvement district project is not in the public interest. (c) In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under section 12-29 hereof, the council shall have the power and authority to require the inclusion of costs of additional improvements including off-site improvements such as roads, water, sewers, drainage, which may be outside 12-5 § 12-6 H AWAI‘I C OUNTY C ODE the improvement district boundaries but which service the improvement district. If such costs are to be so included and said inclusion increases the proposed assessment of any owner, the council shall give appropriate notice and conduct public hearings as provided in sections 12-10, 12-27 and 12-28 (as applicable) and the appropriate resolutions and ordinances shall be amended accordingly. (d) The council may allow as a credit against any improvement district assessment, any payment made by an owner to the County which is used to pay for costs of that improvement district, whether such payment is made before or after the creation of said improvement district. Provided, however, that such credit shall not create any obligation of the County to create or continue any improvement district, nor shall such credit impair or otherwise affect the powers of the council in this chapter. (1983 CC, c 12, art 1, sec 12-6; am 1990, ord 90-127, sec 4.)12-6 Section 12-7. Costs advanced and borne by owners and County. (a) The County or an affected owner of an assessment unit may advance costs, including incidentals, for improvement districts, whether before or after the commencement of proceedings for creation of improvement districts and, to the extent that said costs are included in the cost of improvements for said improvement districts, the council may direct partial or full reimbursement to the County or such owner for such costs from improvement district funds. Upon a request by an affected owner of an assessment unit, the director of finance may apply all or part of any such refund toward payment of improvement district assessments or installments thereof. The County may expend such funds to the same extent as if it advanced its own funds for that purpose. If the improvement district is not created or if it is terminated by the council under section 12-6, said owner shall not be entitled to any refund or credit, except as authorized by the council. (b) For main or general thoroughfares, the County may assume and pay out of all available funds, the costs of improvements thereto which: (1) exceed the special benefits conferred on the assessed assessment units or (2) the council finds should not be covered by special assessments. As used in this section “main or general thoroughfare” means a street or highway that is used as an arterial highway between substantially different or naturally separated localities or sections of the County. (1983 CC, c 12, art 1, sec 12-7; am 1976, ord 241, sec 2; am 1990, ord 90-127, sec 4; am 2002, ord 02-82, sec 5.)12-7 Section 12-8. Limitation on time to sue. Any objections to any actions undertaken pursuant to this chapter shall be governed by section 46-80.5, Hawai‘i Revised Statutes. (1983 CC, c 12, art 1, sec 12-8; am 2002, ord 02-82, sec 6.)12-8 12-6 I MPROVEMENTS B Y A SSESSMENTS § 12-9 Section 12-9. Ratification and validation. The levy of all special assessments, all outstanding improvement bonds of the County payable from special assessments, and all acts and proceedings heretofore had or taken or purportedly had or taken, by or on behalf of the County under law or under color of law preliminary to and in the authorization, execution, sale, issuance, and payment (or any combination thereof) of all such bonds are hereby validated, ratified, approved and confirmed, including but necessarily limited to the terms, provisions, conditions, and covenants of any resolution and ordinance appertaining thereto, the redemption of improvement district bonds before maturity and provisions therefor, and the use of the proceeds of such assessments and bonds, notwithstanding any lack of powers, authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such assessments, bonds, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including without limiting the generality of the foregoing, such acts and proceedings heretofore not been levied nor purportedly levied and issued nor purportedly issued. Such outstanding assessments and bonds are and shall be, and such assessments and bonds heretofore not levied nor purportedly levied and issued nor purportedly issued shall be, after such levy or issuance, binding, legal, valid, and enforceable obligations in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had nor taken, but required by and in substantial and due compliance with laws appertaining thereto. (1983 CC, c 12, art 1, sec 12-9.)12-9 Article 2. Procedure. Section 12-10. Initiation by council; study of proposed improvement; adoption of improvement; hearing. (a) The council shall, by resolution requiring not more than one reading for its adoption, direct the responsible director or manager to prepare and submit to the council a report containing the following: (1) Preliminary data concerning the special improvement proposed to be opened, constructed, or improved; (2) The general character and extent of any improvement to be proposed; (3) The proposed assessment unit and method of assessment; (4) Whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost which should be borne by the County; (5) The materials recommended to meet the conditions of the improvement; (6) The boundaries of the proposed improvement district and any subdistricts or zones therein as to which different portions of the cost of improvements should be charged; (7) The estimated cost of the improvement, the portions of the cost to be borne by the County, and the portions of the cost to be assessed against the assessment units specially benefited with the maximum unit of assessment to be made against each assessment unit to be assessed; and 12-7 § 12-10 H AWAI‘I C OUNTY C ODE (8) All necessary plans and other data, details, and specifications for the improvements and any other matters or details intended to apply thereto. The report of the responsible director or manager, when so furnished and filed with the council, shall not be acted upon until one week has elapsed from the date of the filing of the report with the council. (b) If the proposed improvement district includes the construction and installation of improvements to be undertaken or supervised by a cooperating department, the responsible director or manager shall obtain from the cooperating department preliminary plans and estimates for such cooperating department’s proposed improvements, and the responsible director or manager shall furnish the cooperating department with such preliminary plans of the proposed improvements, other than those of the cooperating department, as will enable the cooperating department to make its plans and estimates. The responsible director or manager shall incorporate such preliminary plans and estimates of the cooperating department in the report to the council. (c) Thereafter the council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements, specifying: (1) The special improvements to be opened, constructed, or improved; (2) The area, owners, so far as known, and general description and location of new land to be acquired, if any; (3) The materials proposed to be used; (4) The proposed assessment unit and method of assessment including the minimum number of installment payments to be proposed; (5) The maximum term of assessment bonds to be issued to represent unpaid installments; (6) The maximum rate of interest to be borne by the bonds; (7) The maximum premium required to be paid on the advance payment of installments or the call and redemption of any bond prior to its maturity; (8) The maximum amount of the reserve fund either as set forth in the report of the responsible director or manager or as otherwise determined by the council; (9) The general boundaries of the district or frontage, subdistricts and zones to be assessed; and (10) The maximum estimated units of assessment. The resolution shall refer to and incorporate by reference such surveys, plans, maps, and other data reported by the responsible director or manager as are approved by the council. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than fifteen days after the first publication of notice thereof in at least one newspaper of general circulation in the County. (d) The council may adopt the plans and estimates so furnished by any cooperating department and incorporated in the report of the responsible director or manager. If the plans and estimates of a cooperating department are adopted by the council, the plans and estimates shall be referred to and incorporated by reference in such resolution. 12-8 I MPROVEMENTS B Y A SSESSMENTS §12-10 (e) After the adoption of the resolution, the County clerk shall: (1) Cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in at least one newspaper of general circulation in the County, giving notice, generally, to all owners of assessment units proposed to be assessed or land to be acquired and to all others interested in the general details of the proposed improvements as adopted by the council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearings; (2) Post copies of the notice described in the preceding paragraph at least ten days prior to the hearing at a public place in the district in which the proposed improvement district is located; and (3) Mail a notice of public hearing to all owners of the assessment units proposed to be assessed at least two weeks prior to the hearing. The notice to be mailed shall contain: (A) The material contained in the published and posted notices; (B) A description of the assessment unit of such owner set forth in such manner as to enable such owner to identify the assessment unit; (C) A statement that the assessment unit described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements; (D) A statement that the testimony of all interested persons and owners of assessment units for or against the establishment of the district, the extent of the district, and the levy of the special assessment will be heard; and (E) A statement that a protest against making all or part of the proposed improvements or against the methods by which such assessments are to be made, or the inclusion of certain costs therein must be submitted in writing, in accordance with section 12-12 of this chapter, to be considered by the council. (f) The clerk of the County shall file with the council on or before the hearing an affidavit by the clerk of the County attesting that the clerk of the County completed the publication, posting, and mailings described in the preceding section 12-10(e) in accordance with the requirement thereof; provided, however, that the failure of the clerk to timely file such affidavit shall not invalidate the proceedings held thereafter. (g) Any failure to post, mail, or receive the notice described above, shall not invalidate the proceedings held thereafter. (h) No improvement district shall be approved unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is at least twice the estimated costs of the proposed improvement; or 12-9 § 12-10 H AWAI‘I C OUNTY C ODE (2) The council finds the appraised value of such assessment units as improved is at least twice the estimated cost of the proposed improvement. The appraisal shall be conducted in accordance with prevailing standards for appraisals used by banks for loans. (i) No improvement district shall be approved unless the council finds that such improvement is in the public interest. (1983 CC, c 12, art 2, sec 12-10; am 1984, ord 84-4, sec 1; am 1990, ord 90-127, sec 5; am 1995, ord 95-22, sec 3; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 7; am 2011, ord 11-66, sec 3.)12-10 Section 12-11. Report of responsible director or manager. In preparing the report required by section 12-10, the responsible director or manager may consult with the director of finance or with such financial consultant as has been specially employed by the council to assist in the proceedings or who may otherwise be available to the council, at the direction of the council. Upon the written advice and recommendation of the director of finance or of such a financial consultant, the responsible director or manager may include such sums as that director or manager deems proper for reserve funds, bond discount allowances, and construction contingencies in determining that director’s or manager’s estimate of the project cost and the amount to be assessed therefor. (1983 CC, c 12, art 2, sec 12-11; am 1995, ord 95-22, sec 4; am 2001, ord 01-108, sec 1; am 2011, ord 11-66, sec 4.)12-11 Section 12-12. Filing of protests. Any owner of an assessment unit may at or before the public hearing file in writing, with the council, any protest, objection, or suggestions as to the proposed improvement, stating the reason(s) therefor, and may present such written protest, objection, or suggestions in person at the public hearing. If the owners of assessment units which are proposed to have fifty percent or more of the total assessments (whether such assessments are to be assessed by frontage, area or otherwise) file written protests, duly acknowledged by such owners, against making all or part of the proposed improvements or against the methods by which such assessments are to be made, or the inclusion of certain costs therein, then the improvements or methods of assessment shall not be made contrary to said written protests. If the protest is against the making of any improvement, the same shall not be made, and the proceedings shall not be renewed within six months from the date of closing the public hearing, unless all owners withdraw their protests. (1983 CC, c 12, art 2, sec 12-12; am 1990, ord 90-127, sec 6; am 2002, ord 02-82, sec 8.) Section 12-13. Waiver of objections. All objections to any act or proceeding occurring prior to the time within which such objections are permitted to be filed in relation to the work, not made in writing and in the manner and at the time specified, shall be waived if the notices required by section 12-10 have been actually mailed, published and posted as required by law. (1983 CC, c 12, art 2, sec 12-13.)12-13 12-10 I MPROVEMENTS B Y A SSESSMENTS §12-14 Section 12-14. Petition by sixty percent of owners. If the owners of not less than sixty percent of the frontage upon any street, alley, or highway designated by them or of sixty percent of the area of land designated by them as a proposed improvement district, file with the council a petition duly acknowledged by the owners requesting the construction of special improvements, together with the surveys, maps, plans and other preliminary data and estimates mentioned in section 12-10, in the case of a proceeding initiated by the council, the council may reject or accept the petition. If the petition is accepted, the council shall proceed in the same manner as though the plan for such improvements had been initiated on its own motion, and the cost of the preliminary surveys, maps and other data, if not in excess of the estimate therefor stated in the petition, shall be deemed part of the cost of the improvement; provided, that upon such petition the council shall not have the power to abandon the proceedings or make any change or modification of the plans or the details or specifications for the proposed improvements without the written and duly acknowledged consent of the owners of not less than sixty percent of the frontage or area of the land to be assessed; except that the council may decline to acquiesce in or may modify any part of the plan which contemplates the payment by the County of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare, and in such event, if the owners of not less than sixty percent of the frontage or property to be assessed agree in writing to the change or modification, the council shall be bound to proceed with the plan as so modified. (1983 CC, c 12, art 2, sec 12-14; am 1976, ord 241, secs 1 and 3; am 1984, ord 84-4, sec 2.)12-14 Section 12-15. Petition by twenty percent of owners. (a) If the owners of not less than twenty percent of the frontage upon any street, alley or highway designated by them or of twenty percent of the area of land designated by them as a proposed improvement district, file with the council a petition duly acknowledged by the owners requesting the construction of special improvements, together with the surveys, maps, plans and other preliminary data and estimates mentioned in section 12-10, the council may reject or accept the petition. If the council accepts the petition, it shall proceed in the manner hereinafter provided. The council shall act on the petition provided: (1) The petition of twenty percent of the owners includes the signatures of at least fifty percent of the resident owners residing in the proposed improvement district; and (2) A state of emergency is found to exist by the council that requires the formation of the improvement district. (b) The cost of the preliminary surveys, maps and other data shall be deemed part of the cost of the improvement provided fifty-one percent of the owners of the improvement district hereinabove described do not object to the improvement district. If fifty-one percent or more of the owners involved in the improvement 12-11 § 12-15 H AWAI‘I C OUNTY C ODE district oppose the improvement district, all such cost of the preliminary surveys, maps and other data shall be borne by the County as if the proceeding had been initiated by the council in accordance with section 12-10. (c) Upon such petition and prior to the hearing thereon, the council shall, at its option, have the power to abandon the proceedings or make any change or modification of the plans or the details or specifications for the proposed improvements without the written consent of the petitioning owners of the frontage or area of the land to be assessed. With regard to the petition, the council may at any time decline to acquiesce in or may modify any part of the plan which contemplates the payment by the County of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare. (d) Upon receipt of the petition, the council shall by resolution requiring not more than one reading for its adoption, direct the responsible director or manager: (1) To investigate and report to the council: (A) Preliminary data concerning the special improvements proposed to be opened, constructed, or improved; (B) The general character and extent of any improvement to be proposed; (C) The proposed assessment unit and method of assessment; (D) Whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost which should be borne by the County; (E) The materials recommended to meet the conditions of the improvement; (F) The boundaries of the proposed improvement district and any subdistricts or zones therein as to which different portions of the cost shall be charged; and (G) The estimated cost of the improvement, the portions of the cost to be borne by the County, and the portions of the cost to be specifically assessed against the assessment units specially benefited with the maximum unit of assessment to be made; and (2) To prepare and furnish all necessary drawings and other data, details, and specifications for the improvements and any other matters or details intended to apply thereto. The report when so furnished and filed with the council shall not be acted upon until one week has elapsed from the date of the filing of the same. (e) If the proposed improvement district includes the construction and installation of improvements to be undertaken or supervised by a cooperating department, the responsible director or manager shall obtain from the cooperating department preliminary plans and estimates for such cooperating department’s proposed improvements, and the responsible director or manager shall furnish the cooperating department with such preliminary plans of the proposed improvements, other than those of the cooperating department, as will enable the cooperating department to make its plans and estimates. The responsible director or manager shall incorporate such preliminary plans and estimates of the cooperating department in the report to the council. 12-12 I MPROVEMENTS B Y A SSESSMENTS §12-15 (f)The council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements specifying: (1) The streets, storm drainage, sanitary sewerage system, water system or street lighting system, or combination thereof, to be opened, constructed, or improved; (2) The area, owners, so far as known, and general description and location of new land to be acquired, if any; (3) The materials proposed to be used; (4) The proposed unit of assessment and method of assessment including the minimum number of installment payments to be proposed; (5) The maximum term of assessment bonds to be issued to represent unpaid installments; (6) The maximum rate of interest to be borne by the bond; (7) The premium required to be paid on the advance payment of installments for the call and redemption of any bond prior to its maturity; (8) The amount of the fund either as set forth in the report of the responsible director or manager or as otherwise determined by the council; (9) The general boundaries of the district or frontage, subdistricts and zones to be assessed; and (10) The maximum amount estimated to be assessed against a unit of assessment. (g) The council may adopt the plans and estimates so furnished by a cooperating department and incorporated in the report of the responsible director or manager. If the plans and estimates of a cooperating department are adopted by the council, the plans and estimates shall be referred to and incorporated by reference in such resolution. The resolution shall refer to and incorporate by reference such surveys, plans, maps and other data reported by the responsible director or manager as are approved by the council. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than forty-five days after the first publication of notice thereof in a newspaper of general circulation in the County. The hearing shall provide owners of assessment units within the improvement district with a reasonable opportunity to object or approve in writing of the proposed improvement. (h) After the adoption of the resolution, the County clerk shall: (1) Cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in at least one newspaper of general circulation in the County, giving notice, generally, to all owners of assessment units proposed to be assessed or acquired and to all others interested in the general details of the proposed improvements as adopted by the council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearing; (2) Post copies of the notice described in the preceding paragraph at least ten days prior to the hearing at a public place in the district in which the proposed improvement district is located; and 12-13 § 12-15 H AWAI‘I C OUNTY C ODE (3) Mail a notice of public hearing to all owners of the assessment units proposed to be assessed at least two weeks prior to the hearing. The notice to be mailed shall contain: (A) The material contained in the published and posted notices; (B) A description of the assessment unit of such owner set forth in such manner as to enable such owner to identify the assessment unit; (C) A statement that the assessment unit described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements; (D) A statement that the testimony of all interested persons and owners of assessment units for or against the establishment of the improvement district, the extent of the improvement district, and the levy of the special assessment will be heard; and (E) A statement that any protest, objection, or suggestion relating to the making of all or part of the proposed improvements or against the methods by which such assessment are to be made, or the inclusion of certain costs therein must be submitted in writing, in accordance with section 12-12 of this chapter, to be considered by the council. (i) The clerk of the County shall file with the council on or before the hearing an affidavit by the clerk of the County attesting that the clerk of the County completed the publication, posting, and mailings described in the preceding section 12-15(h) in accordance with the requirement thereof; provided, however, that the failure of the clerk to timely file such affidavit shall not invalidate the proceedings held thereafter. Any failure to post, mail, or receive the notice described above shall not invalidate the proceedings held thereafter. (j) All notices referred to in this section shall also contain a provision providing that if the owner does not object in writing at or before the time of hearing, such inaction will be construed as a conclusive presumption that said owner does not object to the proposed improvement and that the improvement district may be put into effect unless fifty-one percent of the owners who will be assessed as a result of the improvement district object in writing at or prior to the time of hearing. (k) Should fifty-one percent or more of the owners of the assessment units affected by the improvement district fail to object prior to or at the hearing, the proposed improvement by assessment shall be approved by council passing a resolution requiring one reading for its adoption, provided, that no such improvement shall be approved unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is twice the estimated cost of the proposed improvement; or 12-14 I MPROVEMENTS B Y A SSESSMENTS §12-15 (2) The council by resolution finds the appraised value of such assessment units in accordance with prevailing standards of appraisal and used by banks for loans thereon is twice the estimated cost of the proposed improvement and that such approval is in the public interest. (l) This section shall apply only to subdivisions created prior to March 1, 1967. (1983 CC, c 12, art 2, sec 12-15; am 1995, ord 95-22, sec 5; am 2002, ord 02-82, sec 9; am 2011, ord 11-66, sec 5.)12-15 Section 12-16. Petition by owners of one hundred percent of frontage or area. (a) If a petition is filed and is acknowledged by the owners of one hundred percent of the frontage upon any street, alley, or highway or of the area of land designated by them as a proposed improvement district, then the council may reject or accept the petition. If the petition is accepted, the council shall by resolution requiring not more than one reading for its adoption, direct the responsible director or manager to prepare and submit to council a report meeting the requirements of section 12-10(a) and (b) in the same manner as though the plan for the proposed improvement or improvements had been initiated by the council on its own motion. Upon submission of the report of the responsible director or manager, including the plans and estimates of each cooperating department, if applicable, the council may, by resolution requiring not more than one reading for its adoption, approve and adopt such report, including applicable surveys, plans, maps and other data reported by the responsible director or manager and each cooperating department, and create, define and establish the improvement district in accordance with sections 12-18, 12-19, 12-20 and 12-21. In any such case, any other provision or section to the contrary notwithstanding, it shall be unnecessary to give the notice of or to hold the hearing specified by section 12-10, the provisions of section 12-12 shall be not apply, and it shall be unnecessary to give the notice or to hold the hearing specified by section 12-27 and the council may immediately proceed to fix the assessments in the manner provided by section 12-29 without further hearings or actions of council pursuant to this chapter. (b) No such improvement shall be approved by the council unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is twice the estimated cost of the proposed improvement; or (2) The council by resolution finds the appraised value of such assessment units in accordance with prevailing standards of appraisal then used by banks for loans thereon is twice the estimated cost of the proposed improvement; and (3) The council finds that such improvement is in the public interest. (1983 CC, c 12, art 2, sec 12-16; am 2002, ord 02-82, sec 10; am 2020, ord 20-7, sec 4.)12- 16 SUPP. 8 (7-2020) 12-15 § 12-17 H AWAI‘I C OUNTY C ODE Section 12-17. Determination by council. After the hearing provided in section 12-10, the council shall consider any protests, objections or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon any part or all of the proposed improvement. If the council still has jurisdiction to continue it shall then proceed, determining whether or not the proposed improvement shall be made as proposed, or made with modifications or with changes in the total estimated costs or costs per assessment unit of the improvements set forth in the resolution adopted pursuant to section 12-10(c). In the latter event, modifications or changes may be made without again giving notice of a hearing as provided in section 12-10; provided that such modifications or changes shall not materially alter the general character or plan so advertised or increase the total estimated costs or costs per assessment unit of the improvements by more than ten percent or as otherwise set forth in the resolution pursuant to section 12-10(c). No modification of or change in the plans and estimates furnished by the responsible department or cooperating department shall be made without the consent of such department. (1983 CC, c 12, art 2, sec 12-17; am 2013, ord 13-125, sec 2.)12-17 Section 12-18. Resolution to define extent of improvement. If, after initial or further advertisement and hearing when no changes are made which will require further advertisement or hearing, the council determines to proceed with the improvements, it shall, by resolution requiring not more than one reading for its adoption: (1) Create, define, and establish the extent of the frontage improvement or the improvement district to be assessed; (2) Define the kind, extent, and general details of the proposed improvements; (3) Describe each parcel of land to be acquired, if any; (4) Declare the part or proportion of the cost of the improvement which is to be borne by the County; (5) Describe the assessment units and method of assessment, including, if applicable, any affected assessment units with respect to a reasonably anticipated future change in classification or use and the related changes in assessments to be effective upon such change in classification or use; (6) Describe the kinds of materials to be used; (7) Direct the responsible director or manager as provided in section 12-19; (8) If the proposed improvement includes construction or improvements of a water system, make requests as provided in section 12-20; and (9) If the improvement district includes any affected assessment units, as identified pursuant to paragraph (5) above, approve the change in assessments upon the change in classification or use of such assessment units, provided that (A) the changed assessments are consistent with the assessments against other comparable assessment units within the improvement district, and (B) the changed assessments have the effect of reducing the assessments against assessment units other than the affected assessment units. (1983 CC, c 12, art 2, sec 12-18; am 1995, ord 95-22, sec 6; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 11; am 2011, ord 11-66, sec 6; am 2020, ord 20-7, sec 5.)12-18 SUPP. 8 (7-2020) 12-16 I MPROVEMENTS B Y A SSESSMENTS §12-19 Section 12-19. Responsible director or manager to prepare map showing improvements, details, plans and specifications. The council shall, by resolution required by section 12-18 direct the responsible director or manager to prepare a corrected map of the highways to be improved, showing the abutting lands or, of the improvement district showing the highways therein to be improved, or the special improvements to be constructed or improved, and showing the exact location of the improvements, together with final details, plans and specifications for the work, all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition. These maps, final details, plans, and specifications, as approved in accordance with the applicable policies and procedures of the responsible department or as otherwise approved by resolution adopted by the council, shall be used as the basis for the calling of bids and awarding of a contract for the work as provided in this chapter. (1983 CC, c 12, art 2, sec 12-19; am 1995, ord 95-22, sec 7; am 2001, ord 01-108, sec 1; am 2011, ord 11-66, sec 7; am 2013, ord 13-125, sec 3.)12-19 SUPP. 8 (7-2020) 12-16.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 8 (7-2020) 12-16.2 I MPROVEMENTS B Y A SSESSMENTS §12-20 Section 12-20. Plans and specifications from cooperating department. (a) If the proposed improvement district includes the construction and installation of improvements to be undertaken or supervised by a cooperating department, the council shall by resolution required by section 12-18 request the cooperating department to furnish final detail plans and specifications for such improvements. The resolution shall also direct the responsible director or manager to furnish the cooperating department with such copies of the final surveys, maps and plans covering the proposed improvements, other than those of the cooperating department, as may be necessary to enable the cooperating department to prepare the final plans and specifications for its improvements. (b) The cooperating department shall furnish such final plans and specifications when requested, provided that the cooperating department may refuse to furnish such plans and specifications where funds for the amount the County is obliged to pay towards the contract price have not been included in the budget of the County for such year. The final plans and specifications so furnished by the cooperating department, as approved in accordance with the applicable policies and procedures of the coordinating department or as otherwise approved by resolution adopted by the council, shall be used as the basis for the calling of bids and awarding of a contract for such work. (1983 CC, c 12, art 2, sec 12-20; am 2001, ord 01-108, sec 1; am 2011, ord 11-66, sec 8; am 2013, ord 13-125, sec 4.)12-20 Section 12-21. Land acquisition; procedure; cost; condemnation award. In case the improvements so determined under section 12-18 require the acquisition of any new land therefor, the council shall acquire the land before final award of the contract, either by deed, or other voluntary conveyance from the owners thereof, or it may, at its option, and in the name of the County cause condemnation proceedings to be brought to acquire the land. After the filing of the petition in such proceedings the final award of the contract may be made. If the cost of acquiring such land exceeds the estimate therefor, the council may provide for the excess cost by general appropriation. In the event that land has been acquired by condemnation under the provisions of chapter 101, Hawai‘i Revised Statutes and in the award made on the condemnation there has been deducted from the compensation or damages otherwise payable to the landowner, any amount by reason of the fact that land of such landowner not sought to be condemned would be benefited by the construction of improvements proposed to be made after the condemnation, it shall be unlawful to make any assessments against such land under this chapter without having first credited against the amount for which land would otherwise have been assessed the amount that has been deducted in the award made on condemnation for benefits by reason of the construction of improvements proposed to be made after condemnation. (1983 CC, c 12, art 2, sec 12-21.)12-21 12-17 § 12-22 H AWAI‘I C OUNTY C ODE Section 12-22. Construction of water system; inspections; costs borne by County. (a) If any proposed special improvement includes the construction or improvement of a water system, the department of water supply shall maintain an inspector over the work to see that the plans and specifications which it has furnished have been complied with. After the work has been completed and accepted, the water system, pipes, conduits, hydrants, and other appurtenances for supplying or distributing water so installed shall constitute a part of the system of the department of water supply and shall at all times thereafter be used, operated and maintained by it as a part of its system. (b) If any proposed special improvement includes the construction or improvement of a water system, the department of water supply may assume and pay out of its funds available for such purpose, the cost of engineering, incidentals and inspection, not to exceed thirty-three and one-third percent of the total cost of the construction or improvement of such water system. (1983 CC, c 12, art 2, sec 12-22.)12-22 Section 12-23. Repealed. (1983 CC, c 12, art 2, sec 12-23; rep 2002, ord 02-82, sec 12.)12-23 Section 12-24. Bidding; award of contract. (a) The bid process for the construction of special improvements shall be administered by the responsible department in accordance with procedures and requirements applicable to County of Hawai‘i projects and the state Procurement Code. (b) The bid specifications shall contain provisions that specify that the award of the contract will not occur until the improvement district is created and the necessary funds for construction are appropriated. (c) The responsible department may award the work as an entire contract or, in its discretion, make one or more contracts separately for the different kinds of work to be performed. (d) Notwithstanding the foregoing, if one hundred percent of the assessment units are owned by a single owner, or by two or more owners who have duly designated one owner to act on their behalf as the owners’ duly authorized representative, the responsible department may authorize the owner or owner’s representative to administer the bid process, award the work and administer the contract or contracts for such work, subject to: (1) The responsible department’s oversight; (2) Compliance with all applicable procedures and requirements of the County of Hawai‘i; and (3) If progress payments for the work are to be made pursuant to section 12-53(f), receipt by the County, prior to execution and delivery of the contract(s) for the work, of satisfactory assurances and agreements from the owner or owners’ representative and the contractor that the contractor(s) and contract(s) are in the best interest of the County, that the contractor(s) is(are) competent and SUPP. 8 (7-2020) 12-18 I MPROVEMENTS B Y A SSESSMENTS §12-24 capable of performing the work, that the work will be performed in compliance with plans and specifications approved by all applicable governmental agencies, including the responsible department and/or the cooperating department, and that adequate performance and payment bonds have been issued to assure that the work will be completed in accordance with the approved plans and specifications and duly paid for. (1983 CC, c 12, art 2, sec 12-24; am 1990, ord 90-127, sec 7; am 1995, ord 95-22, sec 8; am 2002, ord 02-82, sec 12; am 2011, ord 11-66, sec 9; am 2020, ord 20-7, sec 6.)12-24 Section 12-25. Repealed. (1983 CC, c 12, art 2, sec 12-25; rep 2002, ord 02-82, sec 12.)12-25 Section 12-26. Contract for off-site water facilities. (a) Notwithstanding any other provisions in this chapter to the contrary, in the event that a portion of the improvements proposed to be made consist of water facilities outside of the boundaries of a proposed improvement district which in whole or in part will serve the improvement district, and if there exists with respect to such facilities an arrangement or agreement pursuant to which: (1) The responsibility for the costs of such facilities in excess of a specified sum has been fixed; (2) The plans and specifications for such facilities will be approved by the department of water supply; and (3) The plans and specifications will not be prepared nor the contract for construction of such facilities be ready to be advertised and awarded until a time or times beyond the time or times when the proceedings pursuant to this chapter for construction of the proposed improvements by assessment could otherwise be commenced and prosecuted; then the council may determine to proceed pursuant to this section. (b) The determination to proceed shall be made in the resolution proposing to make the improvements, and the following provisions shall then be applicable to the proceedings: (1) For the purpose of the report provided for in section 12-10 the preliminary plans for such off-site water facilities need only be general in nature and the estimates therefor shall be the sums specified by the aforementioned arrangement or agreement. (2) Section 12-20 shall not be applicable, and for the purpose of the report provided for in sections 12-18 and 12-19 the preliminary plans used for the report provided for in sections 12-10(a) and (b) (general in nature only as provided in subsection (b)(1) above) shall be sufficient, if adopted by the council in its resolution proposing to make the improvements. SUPP. 8 (7-2020) 12-18.1 H AWAI‘I C OUNTY C ODE (3) For the purpose of section 12-27, the portion of the total amount of the cost of the improvements attributable to such off-site water facilities shall be based upon said sum or sums specified by the aforementioned arrangement or agreement, rather than upon a bid of a lowest responsible and reliable bidder for such off-site water facilities. (4) If section 12-28(a)(4) is applicable to the proceedings, the council need not request a call for bids on such off-site water facilities. (5) At such time as the final details, plans and specifications for such off-site water facilities are prepared, approved by the department of water supply and by resolution approved and adopted by the council, the contract for construction thereof shall be advertised and awarded by the department of water supply pursuant to the provisions of sections 12-23,* 12-24 and 12-25.* All remaining funds after payment of the costs of such facilities shall be transferred to and become a part of the reserve fund. (1983 CC, c 12, art 2, sec 12-26; am 2002, ord 02-82, sec 12.)12-26 * Editor’s Note: Sections 12-23 and 12-25, Hawai‘i County Code, were repealed by Ordinance 02-82. SUPP. 8 (7-2020) 12-18.2 I MPROVEMENTS B Y A SSESSMENTS §12-27 Section 12-27. Corrected map; preliminary assessment roll and description; notice of authorized improvement. (a) The council shall have the responsible director or manager prepare a corrected map, a preliminary assessment roll, description of assessment units to be assessed, a list of all known owners of the assessment units within the improvement district, and the responsible director’s or manager’s estimate of cost or the bid of the lowest responsible and reliable bidder (if such bid is made). (b) The preliminary assessment roll and description of assessment units to be assessed shall contain for the assessment units in the proposed improvement district or in the several subdistricts or zones, if any, the following: (1) Where assessments are based on frontage, the maximum proposed amount per foot of frontage; (2) Where assessments are based on area, the maximum proposed amount per square foot; (3) Where assessments are based on methods other than frontage or area, the method of assessment and the amount of which each unit of assessment shall be assessed; (4) The maximum proposed amount of assessment for each assessment unit; and (5) A list of all known owners of the assessment units within the proposed improvement district. 12-19 § 12-27 H AWAI‘I C OUNTY C ODE (c) Upon receipt of the corrected map, preliminary assessment roll, and description of assessment units, the council shall give notice of the following: (1) The total cost of improvements as established by the estimate of the responsible director or manager or by the bid of the lowest responsible and reliable bidder, or as otherwise provided in this chapter; (2) The contents of the preliminary assessment roll; (3) The availability of the corrected map, preliminary assessment roll and description of assessment units for inspection at the office of the responsible director or manager during business hours at any time prior to and including the hearing date; and (4) The time, date, and place of the public hearing to be held concerning said items; provided that the date shall not be less than ten days nor more than three weeks after the date of the first newspaper publication of the notice. (d) The notice of improvement and hearing shall be advertised, mailed, and posted in the same manner as provided in section 12-10. (e) At the public hearing, the council shall act as a board of equalization to receive complaints or objections concerning the amounts of the proposed assessments. (1983 CC, c 12, art 2, sec 12-27; am 1990, ord 90-127, sec 8; am 1995, ord 95-22, sec 9; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 13; am 2011, ord 11-66, sec 10.)12- 27 Section 12-28. Combination hearings; applicable proceedings. (a) The council may combine the hearings provided for in sections 12-10 and 12-27. If it does so, such determination shall be made in the resolution proposing to make the improvement or improvements, and the following provisions shall then be applicable to the proceedings: (1) The resolution need not specify the maximum estimated amount to be assessed on the unit of assessment nor fix the date of public hearing upon the proposed improvement, but shall direct the preparation by the responsible director or manager of the documents and data to be prepared by such person 12-20 I MPROVEMENTS B Y A SSESSMENTS §12-28 as provided in sections 12-18 and 12-19 and in section 12-27 and if applicable shall include the request and direction provided in section 12-20. After the combined hearings, if the council determines to proceed with the improvements, the resolution specified in section 12-20 need not again direct preparation by the responsible director or manager of the documents and data as provided in sections 12-18 and 12-19. The clerk shall not cause the notices to be given as provided in section 12-10 until the documents and data have been so prepared by the responsible director or manager, and if applicable, by each cooperating department, and preliminarily approved by the council, at which time the council shall by resolution requiring not more than one reading for its adoption fix the date of combined hearings; provided that the map, details and plans and specifications specified in sections 12-19 and 12-20 shall be deemed to satisfy this requirement if such documents are determined by the responsible director or manager to be in such form and contain such information as is reasonably necessary to inform the owners and other interested parties at least generally of the nature and scope of the proposed special improvements. (2) The matters to be contained in the notices provided for in sections 12-10 and 12-27 shall be combined into single notices to be so published, posted and mailed; for the purpose thereof the total amount of the cost of the improvement shall be based on the estimated cost of the work to be included in bids when received, not upon the bid of the lowest responsible and reliable bidder as specified in section 12-27. (3) The council may request the responsible director or manager, to call for bids on all improvements to be constructed under contract to be received on or before the date of the combined hearings pursuant to the provisions of section 12-24 (4) The responsible director or manager shall prepare an amended preliminary assessment roll based on any revisions in the estimate of the responsible director or manager or on the results of the bids received for improvements as the case may be and shall send said amended assessment roll to the council on or before the public hearing. (A) If the amended preliminary assessment roll shows a proposed amount of assessment for any of the assessment units to be assessed which is more than that shown on the preliminary assessment roll, then, unless the affected owner shall waive the same, the council shall postpone the public hearing and readvertise and mail an amended notice of hearing containing the amended preliminary assessment roll. Said readvertisement and mailing shall be done under the provisions of sections 12-27(c) and (d). Said postponed public hearing shall be conducted in the same manner as provided in section 12-27(e). 12-21 § 12-28 H AWAI‘I C OUNTY C ODE (B) If the amended preliminary assessment roll shows a proposed amount of assessment for each of the assessment units to be assessed which is the same or less than the preliminary assessment roll, the public hearing shall be held as scheduled and the amended preliminary assessment roll shall be considered at said public hearing. (1983 CC, c 12, art 2, sec 12-28; am 1990, ord 90-127, sec 8; am 1995, ord 95-22, sec 10; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 14; am 2011, ord 11-66, sec 11; am 2013, ord 13-125, sec 5.)12-28 Section 12-28.1. Termination of improvement districts. The council by ordinance shall provide for the procedures to terminate an improvement district created under this chapter once the improvements have been completed and the obligations of the improvement district have been satisfied. (a) The ordinance directing termination of an improvement district shall contain the provisions enumerated below: (1) The director of finance shall be directed to set aside sufficient funds to cover all outstanding or anticipated debts or obligations of the improvement district, including cost and expenses of making any distributions to assessment unit owners and the cash refund obligations in section 12-28.1(a)(3) below. (2) Any outstanding assessment installments which are not needed to pay the debts or obligations described in section 12-28.1(a)(1) above, shall be canceled. (3) If assessment installments are canceled, those owners whose assessment units have prepaid assessments will be entitled to cash refunds equal to the assessment principal which would be prepaid as of cancellation. For these purposes, “prepaid assessments” shall include all payments made upon the assessments for an assessment unit, whether such payments were made before or after the assessment liens were created. (4) The council may provide that from any funds remaining in the improvement district after the payments described in section 12-28.1(a)(1) or (3) that the director of finance be authorized to make cash refunds to assessment unit owners from remaining improvement district funds in such amounts and at such times as the director of finance finds are reasonable. Any cash refund will be made to the owner of record at the time that the director of finance authorizes such refund. (5) The effective date of termination shall be at such time that the director of finance has determined that all outstanding or anticipated debts or obligations of the improvement district have been paid or can be satisfied and that the cash refunds provisions described above have been made. (b) The ordinance directing termination of the improvement district shall not be enacted prior to the redemption date fixed in the call for redemption of all outstanding improvement district bonds at which time the director of finance or paying agent of the County, as the case may be, shall have sufficient funds on hand to pay all outstanding bond principal, interest and any premiums thereon. (1990, ord 90-127, sec 9; am 2002, ord 02-82, sec 14.)12-28.1 12-22 I MPROVEMENTS B Y A SSESSMENTS §12-29 Article 3. Assessments. Section 12-29. Assessments fixed by ordinance; owner application to pay reduced assessment. (a) After the hearing, if applicable, the council shall forthwith proceed to make such modifications or changes as to them may seem equitable or just, or shall confirm the first proposed assessment. Upon reaching a final decision the council shall by ordinance, fix the portions of the cost to be assessed against the benefited assessment units and against the owners thereof respectively. The ordinance shall incorporate by reference the assessment roll as approved by the council. After the final enactment of such ordinance the amounts of the several assessments so listed, advertised and incorporated and not previously objected to shall be conclusively presumed to be just and equitable and not in excess of the special benefits accruing or to accrue by reason of the improvement to the specific assessment unit assessed. Any provision hereof to the contrary notwithstanding, if the improvement district includes any affected assessment units as to which a change in assessments is authorized by the resolution creating the improvement district pursuant to section 12-18, the ordinance shall incorporate the provisions of such resolution for the change in assessments, and shall authorize the director of finance to determine the final amounts of the changed assessments on the affected assessment units based on the actual classification or use thereof, and to revise the assessments on other assessment units downward to reflect the changed assessments on affected assessment units, all without further action or approval by the council, unless the number of affected assessment units is changed by more than ten percent or the aggregate amount of assessments on the affected assessment units is changed by more than ten percent, as compared to the number of affected assessment units or the aggregate assessments thereon contemplated by the resolution creating the improvement district, in which event the change in assessments shall require the approval of council by further resolution requiring not more than one reading for its adoption. (b) After commencement of improvement district proceedings and prior to the adoption of the improvement district ordinance described in section 12-29(a), an owner may apply for a reduction in the proposed assessment against an assessment unit as follows: (1) file a written application with the County clerk for a reduced assessment not later than one week prior to the time that the ordinance is placed on the council agenda for first reading; (2) deposit the full amount of the proposed reduced assessment, said deposit being an irrevocable commitment by the owner to the payment of the reduced assessment. The amount of reduction shall be as provided by the council, but shall not exceed the applicant’s proportionate share of the sum of the improvement district bond reserve fund and the improvement district bond discount allowance and other incidental expenses directly related to the issuance of improvement district bonds. For purposes of the deposit requirements of this section, the owner may direct that refunds due under section 12-7(a) be applied as a deposit hereunder. Such refund amounts shall thereafter be SUPP. 8 (7-2020) 12-23 § 12-29 H AWAI‘I C OUNTY C ODE treated as a deposit under this section, except that no cash refund shall be made for or on account of such refund amounts, whether or not they are treated as deposits in this section. (1) The director of finance shall submit a report with recommendations to the council with respect to any such applications. The council shall consider such applications and, to the extent that such applications are acceptable to the council, include the same in the improvement district ordinance. Upon approval of the application by inclusion of the reduced assessment in the ordinance, the director of finance shall immediately deposit such funds in the construction special account for the improvement district. (2) If the assessment is not reduced by the council, the funds deposited shall be refunded to the owner, except that no refund shall be made for or on account of refunds due for advances made under section 12-7(a). In that event, the owner shall make payment of the assessment as provided in this chapter. (1983 CC, c 12, art 3, sec 12-29; am 1990, ord 90-127, sec 10; am 2002, ord 02-82, sec 15; 12-29 am 2020, ord 20-7, sec 7.) SUPP. 8 (7-2020) 12-23.1 I MPROVEMENTS B Y A SSESSMENTS This page intentionally left blank. SUPP. 8 (7-2020) 12-23.2 § 12-30 H AWAI‘I C OUNTY C ODE Section 12-30. Amended assessments upon consolidation or subdivision. (a) For purposes of this section 12-30: (1) “Subdivide,” “subdivision,” and “subdividing” shall refer to the subdividing of an assessment unit pursuant to chapter 23, Hawai‘i County Code, or the subjection of real property to a condominium property regime pursuant to chapter 514A, Hawai‘i Revised Statutes. (2) “Consolidate,” “consolidation,” and “consolidating” shall refer to the consolidation of more than one assessment unit into a single assessment unit. (b) In the event that an assessment unit previously assessed is subsequently subdivided, the assessments previously levied against such original assessment unit shall be divided pro rata among the resulting assessment units in accordance with the original method of assessment, subject to section 12-30(c). (c) In the event of an increase in the number of assessment units within an improvement district resulting from subdivision, annexation, or otherwise, if so provided in the resolution establishing the improvement district in which such assessment units are located, the department of finance, within sixty days following receipt of notification by the planning department of such approved subdivision, annexation, or other action establishing a new assessment unit or units within the improvement district, shall reallocate the outstanding assessments within the improvement district among the assessment units subject to such outstanding assessments, including the resulting new assessment units. (d) In the event that two or more assessment units previously assessed are subsequently consolidated, the total assessments previously levied against such original assessment units shall be levied against the resulting assessment unit. (1983 CC, c 12, art 3, sec 12-30; am 1995, ord 95-22, sec 11; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 16.)12-30 Section 12-31. Notice and collection of assessments. The director of finance shall forthwith publish notice of assessment once in at least one daily newspaper of general circulation in the County, and notify the several owners of the assessment units assessed, respectively, by registered letter or certified mail with request for a return receipt, of the several amounts assessed on the respective assessment units and of the date and place the assessments are payable. Such mailed notice shall be addressed to the owners appearing in the records of the real property tax division of the department of finance, County of Hawai‘i, as the addresses appear in the records, or as otherwise known to the director of finance if not shown in the records. The director of finance shall also collect the assessments and set aside all moneys collected in a special fund or funds for the frontage improvement or improvement district, as the case may be. (1983 CC, c 12, art 3, sec 12-31; am 2002, ord 02-82, sec 17.)12-31 Section 12-32. Assessment as lien; order of priority; mistakes or errors. (a) All assessments made pursuant to this chapter shall be a lien against each assessment unit assessed from the date of the first publication of the ordinance 12-24 I MPROVEMENTS B Y A SSESSMENTS §12-32 declaring the assessment until paid and shall have priority over all other liens except the lien of property taxes and for other public purposes. The lien of assessments levied pursuant to this chapter shall be on a parity with the lien of property taxes and liens for other public purposes. As between liens of assessments made pursuant to this chapter, the earlier lien shall be superior to the later lien. (b) No delay, mistake, error, defect, or irregularity in any act or proceeding authorized by this chapter shall prejudice or invalidate any assessment. The delay, mistake, error, defect or irregularity may be remedied by subsequent or amended acts or proceedings and, when so remedied, the same shall take effect as of the date of the original act or proceeding. (c) If in any court of competent jurisdiction any assessment made under this chapter is set aside for irregularity in the proceedings, the council may, upon notice as required in making an original assessment, make a new assessment in accordance with the provisions of this chapter. (1983 CC, c 12, art 3, sec 12-32; am 2002, ord 02-82, sec 17.)12-32 Section 12-33. Due date of payments; election to pay by installments. All assessments under this chapter shall be due and payable within thirty days after the date of the last publication of the ordinance; provided that any assessments may, at the election of the owner of the assessment unit assessed, be paid in installments with interest, as hereinafter provided. Failure to pay the whole of any assessment within the period of thirty days shall be conclusively considered and held an election on the part of all persons interested in such assessments, whether under disability or otherwise, to pay in installments. All persons so electing to pay in installments shall be conclusively considered and held to have consented to the improvement and such election shall be conclusively held and considered as a waiver of any and all right to question all power or jurisdiction of the County to make the improvement, the regularity or the sufficiency of the proceedings, or the validity or correctness of the assessment. (1983 CC, c 12, art 3, sec 12-33; am 2002, ord 02-82, sec 17.)12-33 Section 12-34. Payment of installments. (a) In case of an election to pay any assessment in installments, the assessment shall be payable in not less than five nor more than twenty annual installments of principal; provided that, in the case of improvements financed by bonds issued to secure loans from the federal government, the maximum number of annual principal installments may be increased so as to permit the repayment of the principal of such bonds over a period not to exceed thirty-five years from the date of issuance; and provided further that the council may, in its discretion, determine the date on which payment of such annual installments shall commence, which date shall be no more than three years from the thirty-first day following the last publication of the ordinance required to be enacted pursuant to section 12-29. The annual installments shall be in such amounts as determined by the council, and each annual installment may be made payable in up to twelve equal monthly or 12-25 § 12-34 H AWAI‘I C OUNTY C ODE other periodic installments; provided that principal, interest or both on any bonds outstanding due prior to collection of annual assessment shall be paid in accordance with section 12-49, and except as provided in sections 12-44, 12-45, and 12-46 regarding temporary advances, shall not be paid out of any moneys available in the County treasury. Interest in all cases shall be paid on the unpaid principal, at such rate or rates as may be determined by the council. (b) The date on which such annual installments shall commence, the number of such annual installments, the respective amounts of the annual installments, the period of payment, and the rate of interest shall be as determined by the council. Interest for each year may be computed and collected up to the next succeeding date for payment of principal and interest on the bonds issued pursuant to sections 12-44, 12-45, and 12-46, no deduction being made by reason of any installment being due and payable prior to such date; provided, that after the annual installments are determined and fixed if it appears to be of advantage to the assessee, the council may permit the director of finance to accept payments in monthly installments as hereinabove provided. (1983 CC, c 12, art 3, sec 12-34; am 1984, ord 84-17, sec 1; am 2002, ord 02-82, sec 17; am 2011, ord 11-65, sec 2.)12-34 Section 12-35. Advance payment of assessment installment. The owner of any assessment unit subject to unpaid assessment installments which are not delinquent may, at any time after the thirty day period specified in section 12-33, pay the entire unpaid principal provided the total of the following sums are also paid therewith: (1) An amount to be fixed by the director of finance for publishing notice calling bonds; (2) Interest on the unpaid principal to the interest due date on the bonds next succeeding forty-five days after the date of advance payment, plus interest for an additional six months on any portion of the unpaid principal which is not evenly divisible by $1,000; and (3) The premium required to be paid on advance payment of installments, if any, as specified in the resolution adopted by the council pursuant to section 12-10. The premium shall not exceed five percent of the unpaid amount. (1983 CC, c 12, art 3, sec 12-35; am 2002, ord 02-82, sec 17.)12-35 Section 12-36. Installment collection expense. The director of finance may add to each annual installment on assessments an amount not less than one-half of one percent of the amount of the installment, both principal and interest, to cover the expenses of collection; provided that the council may increase such percentage to the extent the council determines from data presented by the director of finance that an increased percentage is necessary to cover the collection expenses. Such percentage when collected shall belong to the County. (1983 CC, c 12, art 3, sec 12-36.)12-36 12-26 I MPROVEMENTS B Y A SSESSMENTS §12-37 Section 12-37. Payment in bonds. The director of finance may accept in lieu of cash in payment of any assessment, installment thereof, interest, penalty, cost, expense or any portion thereof, bonds of the improvement district in which the assessment unit is situated, whether such bonds are outstanding or hereafter issued, to a value of par, plus accrued interest to the date of acceptance of such bonds by the director of finance. Upon the receipt of such bonds, the director of finance shall cancel the bond and credit the improvement district with the amount allowed on the bonds. (1983 CC, c 12, art 3, sec 12-37; am 2002, ord 02-82, sec 17.)12-37 Section 12-38. Failure to pay installments. (a) Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid principal to become due and payable immediately, and the delinquent installment or installments shall thereafter bear penalty at the rate of two percent per month or fraction of a month from the date of delinquency until the day of sale as provided in this chapter. At any time prior to the date of sale, the owner may pay the amount of all delinquent installments, with penalty, and all costs and expenses accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. (b) The council may, by resolution, approve a waiver of such amounts of penalty and upon such terms, as it finds is needed to induce payment of substantial funds to be used for the payment of obligations which are owed and which will be owing to bondholders; in approving such a waiver, due consideration shall be given to an equitable apportionment of the costs of the affected improvement district among the various assessed assessment units. 12-38 (1983 CC, c 12, art 3, sec 12-38; am 1982, ord 777, sec 2; am 2002, ord 02-82, sec 17.) Section 12-39. Owner of undivided interest. The owner of any undivided interest in any assessment unit may pay the whole assessment thereon and may have a joint or several right of action against the other owners of any interest in the assessment unit for their proportionate share of the assessments. (1983 CC, c 12, art 3, sec 12-39; am 2002, ord 02-82, sec 17.)12-39 Section 12-40. Sale for default. (a) In case of default in the payment of any installment of principal and interest when due, the director of finance may within one hundred twenty days after such default commences advertise and sell the assessment unit concerning which default is made for the whole of the unpaid assessment thereon, interest and costs. The period of default shall not exceed one year before foreclosure action is initiated. The purchaser of such assessment unit shall be permitted to pay in cash the total amount of the delinquent installment or installments of principal and interest and penalty, and the balance in equal annual or monthly installments as originally 12-27 § 12-40 H AWAI‘I C OUNTY C ODE provided, in which event the lien of the unpaid assessment shall remain in full force and effect until final payment of such balance. Such sale and advertisement shall be made by the director of finance in the same manner, under the same conditions and penalties and with the same effect as provided by general law for sales of real property for default in payment of property taxes. (b) In the event of the failure of the director of finance to so commence and diligently complete advertisement and sale of the assessment unit pursuant to the provisions of this section, the director of finance shall not be personally liable for such failure, but if a default exists in payment of principal or interest upon bonds, issued to represent an assessment for which any such installment of principal and interest is in default, or if the levy has been made or it appears probable that the levy will be required to be made, the holder of such bonds in the former case, and any persons who are owners of the assessment units subject to such levy and liable to pay same in the latter case, or both, shall have the right to enforce performance of the duties of the director of finance hereunder by action in the nature of mandamus, as provided by law. (1983 CC, c 12, art 3, sec 12-40; am 2002, ord 02-82, sec 17; am 2011, ord 11-65, sec 3.) 12-40 Section 12-41. Purchase at sale. At any sale for default in payment of any assessment levied as provided in this chapter, the director of finance may accept, in lieu of cash, in payment for the assessment unit so sold, bonds of such improvement district whether such bonds are then outstanding or hereafter issued, to a value of par plus accrued interest to date of sale. Upon the receipt of such bonds, the director of finance shall cancel the bonds and credit the improvement district with the amount allowed on the bonds. (1983 CC, c 12, art 3, sec 12-41; am 2002, ord 02-82, sec 17.)12-41 Section 12-42. Certificate of balance due. The director of finance shall, on request, give a certificate in writing to any person making request for same, showing in the certificate the balance due on any individual assessment for improvements for principal, with the date of next installment payment, the number of the installment payment and the amount to be due for the installment payment and particulars of interest and penalty on the next installment date to be due and owing. (1983 CC, c 12, art 3, sec 12-42.)12-42 Section 12-43. Sale of land by director; terms. Whenever any assessment unit has been bid in by the director of finance at any sale for default of the owner thereof, the director of finance, in making such sale thereof as may by law be authorized, may sell the assessment unit, upon the following terms and conditions: (1) A down payment at the sale of twenty percent of the sale price; 12-28 I MPROVEMENTS B Y A SSESSMENTS §12-43 (2) The balance payable in monthly installments of not less than one and one- third percent of the total sale price, plus interest at the rate of five percent per annum upon all unpaid balances; (3) Failure for thirty days to pay any installment due shall effect an entire forfeiture of the purchaser’s right, title and interest in such assessment unit in any payments previously made by the purchaser on account thereof; (4) Such building restrictions as the director of finance may prescribe; and (5) The assessment unit when sold shall be subject to real property taxes. (1983 CC, c 12, art 3, sec 12-43; am 2002, ord 02-82, sec 17.)12-43 Article 4. Finance and Payment. Section 12-44. Improvement bonds authorized. In the event of an election to pay all or part of any such special assessment in installments, the amount required for immediate use to pay the cost of the improvement, or the installments thereof from time to time as they fall due, may be advanced out of any funds available in the general fund or the permanent improvement fund; provided that as soon as practicable, the amounts so necessary shall be secured, and repaid if advances have been made, by the issuance of sufficient district improvement bonds of the County to raise such required amounts. (1983 CC, c 12, art 4, sec 12-44; am 1984, ord 84-4, sec 3.)12-44 Section 12-45. Contents of bonds. (a) The director of finance, upon authorizing resolution from the council, may issue improvement bonds. The resolution shall require one reading for its adoption. Improvement bonds shall bear the name of the improvement district, and: (1) Shall bear interest at a rate or rates not exceeding a rate or rates established by resolution enacted by the council payable at such time or times; (2) May be made payable as to both principal and interest at such place or places and in such manner within and without the State; (3) May be issued in coupon form without privilege of registration or registrable as to principal only or as to both principal and interest or in fully registrable form without coupons; (4) May be made registrable at such place or places within and without the State; and (5) May be subject to redemption, to being tendered for purchase or to being purchased prior to their stated maturity at the option of the County, the holder or either or both, all as determined by the council or the director of finance as herein provided. (b) Unless the council shall itself perform the actions, the director of finance shall: (1) Determine the date, denomination or denominations, interest payment dates, maturity date or dates, place or places of payment, registration privileges and place or places of registration, redemption price or prices and time or times and terms and conditions and method of redemption; 12-29 § 12-45 H AWAI‘I C OUNTY C ODE (2) The rights of the holder to tender for purchase and the price or prices and time or times and terms and conditions upon which those rights may be exercised; (3) The rights to purchase and price or prices and the time or times and terms and conditions upon which those rights may be exercised and the purchase may be made; and (4) Determine all other details of bonds issued under this chapter. (c) The principal of and interest and premium, if any, on all bonds issued under this chapter shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. Dates of such payment shall take into account the dates that assessment installments for the improvement district are due. Improvement bonds shall be subject to call but not prior to the second interest date thereof as hereinafter provided and at such premium, if any, as may have been provided for in the resolution authorizing such bonds, but not in excess of the maximum premium provided in the resolution of the council adopted pursuant to section 12-10. (1983 CC, c 12, art 4, sec 12-45; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 11.) 12-45 Section 12-46. Execution of bonds; records; funds for payment. (a) Improvement bonds shall be executed by the director of finance, or by a deputy of the director of finance duly designated by the director to execute such bonds, and issued pursuant to and under the authority and requirements of resolutions of the council. The bonds shall bear the lithographed or engraved facsimile signature of the mayor and shall be impressed with a lithographed or engraved facsimile of the seal of the County. If the council provides that no such improvement bond shall be valid or obligatory unless and until there shall be manually executed a certificate of authentication thereof, all signatures of County officials on the bonds may be facsimiles of their respective signatures. Interest coupons, if any, shall bear the lithographed or engraved facsimile of the signature of the director of finance. (b) The director of finance shall preserve a record of the bonds in a suitable book kept for that purpose. The council shall provide for books of registry to be kept for the registration of improvement bonds issued in fully registered form or which are subject to registration. (c) The bonds shall be payable only out of the moneys collected on account of assessments made for the improvement for which they are issued or from the reserve fund established pursuant to section 12-50, if the moneys collected out of assessments are insufficient to pay the bonds or the interest thereon as they become due. The County shall not otherwise guarantee payment of any bonds issued under the provisions of this chapter, provided that interest payments may be advanced by the council temporarily out of any moneys available in the County treasury. (1983 CC, c 12, art 4, sec 12-46; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 11.) 12-46 12-30 I MPROVEMENTS B Y A SSESSMENTS §12-47 Section 12-47. General obligation bonds and special assessment revolving fund. (a) For any improvement initiated pursuant to section 12-10 only, the council, in lieu of the issuance of improvement bonds as permitted by sections 12-44, 12-45, and 12- 46 may in its sole discretion issue general obligation bonds of the County or authorize payment of the required amount from the special assessment revolving fund of the County or both. (b) The council shall have power to issue general obligation bonds of the County for the purpose of establishing, maintaining or replenishing the special assessment revolving fund. (c) All such general obligation bonds shall be authorized, issued and sold under, pursuant to, and in accordance with chapter 47, Hawai‘i Revised Statutes, as amended, all of the provisions of which chapter shall be applicable thereto. Without limiting the generality of the provisions of the foregoing sentence, the form, name, date, denomination, numbers, maximum interest rate, method of execution and all other details of such general obligation bonds shall be fixed and determined in accordance with and as provided by chapter 47. No right of prior redemption need be reserved in the issuance of such bonds, nor shall either the amounts or dates of the maturities of any such bonds be required to conform in any way to the amounts and due dates of any assessments. (d) The validity of such general obligation bonds shall not be dependent on or affected in any way by any proceedings taken or any contracts made, acts performed or done in connection with, or in furtherance of, any improvement or any assessments for such improvement. (e) If the issuance of general obligation bonds are issued as provided in this section, all moneys collected on account of assessments and interest for any improvement that is financed by such bonds, may, to the extent so directed by the council, be applied to the reimbursement of the general fund of the County to the extent of the amounts paid for interest on and principal of such general obligation bonds. Any amounts collected on account of assessments and interest as aforesaid to the extent not so directed by the council to be applied to such reimbursement or in excess of the amounts required for such reimbursement, and amounts collected on account of assessments and interest for any improvement financed from the special assessment revolving fund, shall be appropriated to and become a part of the special assessment revolving fund and may be used and applied as authorized by the council. (1983 CC, c 12, art 4, sec 12-47; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 11.) 12-47 Section 12-48. Exemption of general obligation bonds from certain requirements. The provisions of sections 12-49, 12-50, 12-51,* 12-52, 12-53, 12-54 and 12-55* shall not apply to the general obligation bonds authorized by section 12-47 and such sections shall be restricted in their application to improvement bonds, nor shall the provisions of article 5 of this chapter apply to such general obligation bonds unless the council in its 12-31 § 12-48 H AWAI‘I C OUNTY C ODE sole discretion shall consent to the application of such provisions to such bonds. The refunding of any such general obligation bonds shall not in any way affect the payment of assessment installment and the interest thereon or the amounts and times of such payments unless such refunding is part of a plan consented to by the council and adopted under article 5 of this chapter. (1983 CC, c 12, art 4, sec 12-48; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 11.) 12-48 * Editor’s Note: Sections 12-51 and 12-55, Hawai‘i County Code, were repealed by Ordinances 84-4 and 90-127. Section 12-49. Special fund for administrative and pre-formation costs and payment of bonds; use of surplus; insufficient funds. (a) All moneys collected on account of assessments and interest for any improvement after the issuance of any bonds shall be kept by the director of finance in a special fund and applied to the payment of interest and principal of bonds and administrative costs issued for the improvement until the bonds have been paid. The director of finance of the County shall pay the principal of the bonds at maturity and the interest thereon as and when the same become due at the place or places and in the manner prescribed for the payment under this chapter and the proceedings authorizing those bonds from such special fund. (b) If any surplus remains in any special fund after the disbursement of funds described in section 12-28.1 of this chapter, such surplus or premium shall be credited to and become a part of a fund to be known as the improvement district revolving fund, the moneys in which shall be available to make up deficiencies in the proceeds of bonds sold below par, to cover deficiencies in interest realized on account of diminishing balances of installments outstanding, and to advance interest due on bonds outstanding prior to collection of annual assessments, and also for the purpose of paying all expenses in connection with the sale of delinquent improvement district assessment units and the prices of the delinquent assessment units as are bid for and purchased by the director of finance. The director of finance may upon such purchase, transfer the proper amounts so bid to the proper special funds for the respective improvement districts concerned. The director of finance may also use the improvement district revolving fund to advance the cost of pre- formation activities pursuant to section 12-7 with the expectation that the improvement district revolving fund will be reimbursed after the improvement district is formed. (c) If moneys in the applicable special fund prove insufficient at any time to pay the principal and interest, or the interest only, as the case may be, on bonds outstanding, moneys shall be transferred from the reserve fund established pursuant to section 12-50, or from the improvement district revolving fund into such special fund in such amounts as will enable the director of finance to make the payments of principal or interest, or interest only, as the same becomes due. (1983 CC, c 12, art 4, sec 12-49; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 11; am 2002, ord 02-82, sec 18; am 2011, ord 11-101, sec 2.)12-49 12-32 I MPROVEMENTS B Y A SSESSMENTS §12-50 Section 12-50. Reserve fund. (a) The council may provide in the resolution adopted pursuant to section 12-10 for a reserve fund as additional security for the payment of principal and interest on improvement bonds issued in proceedings taken pursuant to this chapter. The reserve fund shall be initially funded from the proceeds from the sale of improvement bonds with respect to which such reserve fund is established in such amount as is designated by the council in the resolution authorizing such bonds. Moneys in a reserve fund shall be used in accordance with the provisions of section 12-49 and to pay the principal or interest, or both, in whole or in part, on the last outstanding maturity or maturities of the bonds, and assessment installments or such portions thereof which would otherwise be collected to make such payments shall be canceled, provided that in making use of moneys in the reserve fund to pay principal or interest, or both, on the last outstanding maturity or maturities of the bonds, the director of finance shall make provisions for expected delinquencies in payment of any portions of assessment installments which will not be canceled by such use of the reserve fund, and provided further that insofar as the moneys are attributable to fully paid assessments rather than to cancellation of installments or portions thereof, the moneys shall be paid pro rata to the persons who at the time of such apportionment own (as shown on the records of the County tax office) the assessment units subjected to the assessments. (b) There shall be transferred to the improvement district revolving fund of the County: (1) Any portion of such moneys which shall not have been paid to or claimed by the persons entitled thereto within two years after the due date of the last bonds; and (2) Any interest earned from the investment of such moneys during the two year period. (1983 CC, c 12, art 4, sec 12-50; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 11; am 2002, ord 02-82, sec 18.)12-50 Section 12-51. Repealed. (1983 CC, c 12, art 4, sec 12-51; rep 1984, ord 84-4, sec 3.)12-51 Section 12-52. Place of payment of bonds. The principal and interest of the bonds shall be payable at the office of the director of finance and may also be made payable at the office of any bank, fiduciary company, or in such other places as may be determined by the council, provided that interest on registered bonds may be payable by check or draft mailed to the registered holders as provided by the council. In all cases, the bonds and coupons, if any, shall recite the places and manner of payment. In case any bonds are made payable elsewhere than in Hilo, Hawai‘i, the director of finance shall remit the funds necessary to pay the interest and principal when due, of any such bonds, to the institution so designated, first assuring that such institution is then solvent. (1983 CC, c 12, art 4, sec 12-52; am 1984, ord 84-4, sec 3.)12-52 12-33 § 12-53 H AWAI‘I C OUNTY C ODE Section 12-53. Sale of bonds; use as payment to contractor. (a) The director of finance may make such arrangements as may be necessary or proper for the sale of each issue of bonds or part thereof as are issued under this article, including without limitation, arranging for the preparation and printing of the bonds, the official statement and any other documents or instruments deemed required for the issuance and sale of bonds and retaining those financial, accounting, and legal consultants, all upon such terms and conditions as the director of finance deems advisable and in the best interest of the County. The council may authorize the director of finance to offer the bonds at competitive sale or to negotiate the sale of the bonds to: (1) Any person or group of persons; (2) The United States of America, or any board, agency, instrumentality, or corporation thereof; (3) The employees retirement system of the State; (4) Any political subdivision of the State; (5) Any board, agency, instrumentality, public corporation, or other governmental organization of the State; or of any political subdivision of the State. (b) Subject to any limitation imposed by the council by the ordinance or resolution authorizing the bonds, the sale of the bonds by the director of finance by negotiation shall be at such price or prices and upon such terms and conditions, from time to time in such manner, as the director of finance shall approve. (c) Subject to any limitation imposed by the council by the resolution authorizing the bonds, the sale of the bonds by the director of finance at competitive sale shall be at such price or prices and upon such terms and conditions, and the bonds shall bear interest at such rate or rates or such varying rates determined from time to time in the manner, as specified by the successful bidder, and the bonds shall be sold in accordance with this subsection. The bonds offered at competitive sale shall be sold only after published notice of sale advising prospective purchasers of the proposed sale. The bonds offered at competitive sale may be sold to the bidder offering to purchase the bonds at the lowest interest cost, the interest cost, for the purpose of this subsection, being determined on one of the following bases as selected by the director of finance: (1) The figure obtained by adding together the amounts of interest payable on the bonds from their date to their respective maturity dates at the rate or rates specified by the bidder and deducting from the sum obtained the amount of any premium offered by the bidder; (2) Where the interest on the bonds is payable annually, the annual interest rate (compounded annually), or where the interest on the bonds is payable semiannually, the rate obtained by doubling the semiannual interest rate (compounded semiannually), necessary to discount the principal and interest payments on the bonds from the dates of payment thereof to the date of the bonds and to the price bid (the price bid for the purpose of this paragraph shall not include the amount of interest accrued on the bonds from their date to the date of delivery and payment); or 12-34 I MPROVEMENTS B Y A SSESSMENTS §12-53 (3) Where the interest on the bonds is payable other than annually or semiannually or will vary from time to time, upon such basis as, in the opinion of the director of finance, shall result in the lowest cost to the County; provided that in any case the right shall be reserved to reject any or all bids and waive any irregularity or informality in any bid. (d) Bonds offered at competitive sale, without further action of the council, shall bear interest at the rate or rates specified by the successful bidder or varying rate or rates determined from time to time in the manner specified by the successful bidder with the consent of the director of finance. The notice of sale required by this section shall be published at least once and at least five days prior to the date of the sale in a newspaper circulating in the County and in a financial newspaper or newspapers published in any of the cities of New York, Chicago, or San Francisco, and shall be in such form and contain such terms and conditions as the director of finance shall determine. The notice of sale shall comply with the requirements of this section if it merely advises prospective purchasers of the proposed sale and makes reference to a detailed notice of sale which is available to the prospective purchasers and which sets forth the specific details of the bonds and terms and conditions upon which such bonds are to be offered. The notice of sale published and any detailed notice of sale may omit the date and time of sale, in which event the date and time shall be either published in the same newspapers in which the notice of sale has been published or transmitted via electronic communication systems deemed proper by the director of finance which is generally available to the financial community, in either case at least forty-eight hours prior to the time fixed for the sale. (e) The proceeds of the sale of bonds shall be applied to pay the contract price. If no purchaser is found, the County may be the purchaser of any such bonds, using any funds available and unspent. Bonds sold to a purchaser other than the County may be sold for such discount as is acceptable to the council. (f) The council may provide for payment to the contractor, or to the owner or the owners’ representative designated pursuant to section 12-24(d), of the contract price of the improvement by means of progress payments during the period of the work, such payments in bonds at par or in cash or both. (1983 CC, c 12, art 4, sec 12-53; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 12; am 2020, ord 20-7, sec 8.) 12-53 Section 12-54. Payment of bonds. (a) All improvement bonds not previously paid shall be paid at maturity together with interest thereon as the same become due at the places and in the manner prescribed by this chapter. (b) The resolution of the council authorizing improvement bonds may provide that such bonds may be called for redemption prior to the stated maturity. In such event, on and after the second interest due date of any such improvement bonds issued pursuant to this chapter, whenever sufficient funds are in the hands of the director of finance by reason of payment of assessment installments, exceeding the next interest payment on the unpaid balance of any bonds so issued, the director of finance is authorized to call for payment prior to the stated maturity thereof such SUPP. 8 (7-2020) 12-35 § 12-54 H AWAI‘I C OUNTY C ODE number of improvement bonds as there are funds to pay. The resolution of the council authorizing the improvement bonds shall provide for proper and adequate notice of such redemption to be published or mailed or both prior to the date fixed for redemption. A copy of such notice shall also be mailed to the person who purchased such bonds at the original sale thereof. Interest on the bonds so called for payment shall cease on the date of call, provided that the notice shall be published or mailed at least fifteen days before the date of such call. If notice must be made by publication, a second publication shall be made not less than one week after the date of first publication. The moneys provided for the payment of such bonds with the interest unpaid to the date of their call for payment, together with any applicable premium payable, shall be set aside by the director of finance in a special deposit to which fund only the owners of the bonds shall thereafter look for payment. (c) Improvement bonds shall be selected for redemption in the manner prescribed by the council. (d) Any premium paid on redemption may not exceed five percent of the face amount of the improvement bond. (1983 CC, c 12, art 4, sec 12-54; am 1984, ord 84-4, sec 3; am 1990, ord 90-127, sec 12.) 12-54 Section 12-55. Repealed. (1983 CC, c 12, art 4, sec 12-55; am 1984, ord 84-4, sec 3; rep 1990, ord 90-127, sec 13.) 12-55 Section 12-55.1. Exemption from taxes. (a) All bonds heretofore or hereafter issued under the authority of this chapter and the income therefrom shall be exempt from any and all taxation by the State or any County or other political subdivision thereof, except inheritance, transfer, and estate taxes. (b) Bonds issued under this chapter, to the extent practicable, shall be issued so as to comply with requirements imposed by valid Federal law providing that the interest on those bonds shall be excluded from gross income for Federal income purposes (except as certain minimum taxes or environmental taxes may apply). The director of finance is authorized to enter into arrangements, establish funds or accounts, and take any action required in order to comply with any valid Federal law. Nothing in this chapter shall be deemed to prohibit the issuance of bonds, the interest on which may be included in gross income for Federal income tax purposes. For the purpose of ensuring that interest on bonds issued pursuant to this chapter which is excluded from gross income for Federal income tax purposes (except as provided above) on the date of issuance shall continue to be so excluded, no County officer or employee or user of an undertaking or loan program shall authorize or allow any change, amendment, or modification to an undertaking or loan program financed or refinanced with the proceeds of the bonds which change, 12-36 I MPROVEMENTS B Y A SSESSMENTS § 12-55.1 amendment or modification would affect the exclusion of interest on the bonds from gross income for Federal income tax purposes unless the change, amendment, or modification shall have received the prior approval of the director of finance. Failure to receive the approval of the director of finance shall render any change, amendment, or modification void. (1990, ord 90-127, sec 14.)12-55.1 Section 12-56. Bonds not chargeable against general revenue. No improvement bonds issued under the provisions of this chapter shall be considered as County bonds within the meaning of section 248-5, Hawai‘i Revised Statutes, nor shall the payment of same be a charge against the general revenues of the County. (1983 CC, c 12, art 4, sec 12-56; am 1984, ord 84-4, sec 3.)12-56 Section 12-57. Errors in computation of amount due. No improvement bond, coupon, assessment or installation thereof or of the interest or penalties thereon, or certificate of sale or deed shall be held invalid for any error in the computation of the proper amount due on the same, if the error is found to be comparatively negligible. (1983 CC, c 12, art 4, sec 12-57; am 1984, ord 84-4, sec 3.)12-57 Article 5. Refunding. Section 12-58. Refunding authorized. The council may provide for the refunding of the outstanding indebtedness of improvement districts located within the County in the manner provided in this article. (1983 CC, c 12, art 5, sec 12-58.)12-58 Section 12-59. Initiation of refunding. (a) The owners of assessment units in any improvement district whose assessment units represent seventy-five percent or more of the outstanding improvement assessments at the time of the filing of the petition shall, if it is desired that the indebtedness of the district be refunded, file with the council a petition, which petition shall set forth the indebtedness of the district, that it is desired that the indebtedness be refunded, and the proposed method of refunding the outstanding indebtedness. (b) The council shall thereupon, by resolution requiring not more than one reading for its adoption, direct the director of finance to investigate and report to the council: (1) The amount of unpaid assessments and the assessment units subject to the assessment in the improvement district; (2) The detail of any delinquent assessments and of any unpaid penalties; (3) Whether the petitioners own assessment units representing seventy-five percent or more of the unpaid assessments in the district; 12-37 § 12-59 H AWAI‘I C OUNTY C ODE (4) The proposed method of reassessment of the assessment units subject to existing assessments; (5) A new assessment roll showing the proposed new assessments; (6) The cost of the proposed refunding scheme; and (7) Other details which may be necessary to carry into effect the proposed refunding project. (c) The report of the director of finance shall be filed with the council. (d) Thereafter the council shall, by resolution requiring one reading for its adoption, propose the adoption of the suggested refunding plan specifying: (1) The outstanding indebtedness of the district; (2) That the owners of assessment units representing not less than seventy-five percent of the unpaid improvement assessments have petitioned that the outstanding indebtedness of the district be refunded; (3) The proposed refunding plan in detail; and (4) The proposed method of reassessment, including the minimum number of installment payments to be proposed, and the maximum amount to be assessed against a unit of assessment. The resolution shall refer to and incorporate by reference the preliminary assessment roll and such other data reported by the director of finance as shall be approved by the council. The resolution shall also fix the date of public hearing upon such plan, which date shall not be less than fifteen days after the first publication of notice thereof in a newspaper of general circulation in the County. In addition, the resolution may require the petitioners to deposit with the director of finance, within seven days after adoption of such resolution, a sum sufficient to meet the cost of the refunding project as reported by the director of finance, in which case the holding of the public hearing and any other actions of the County with respect to the refunding shall be conditioned on the making of such deposit within such period. (e) After the adoption of the resolution, the clerk shall cause a notice of the public hearing to be published as provided in section 12-10, giving notice generally to all owners of the assessment units still under assessment in the improvement district, stating the time and place of the public hearing and where the resolution, preliminary assessment roll and other data may be seen and examined prior to the hearing. Like notices shall be posted in three of the most conspicuous places in the improvement district for which the outstanding bonds are issued. Affidavits of publication, both in the newspaper and of the posting, respectively, shall be filed with the council at the hearing. (1983 CC, c 12, art 5, sec 12-59; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 19; am 2011, ord 11-66, sec 12.)12-59 Section 12-60. Protest against refunding. (a) Any owner of an assessment unit, the assessments on which to pay the outstanding indebtedness have not been fully discharged, may at any time prior to or at the public hearing, file in writing with the council any protest, objection or suggestion 12-38 I MPROVEMENTS B Y A SSESSMENTS §12-60 as to the proposed refunding measure, stating briefly the reason therefor, or may present the same in person orally at the public hearing. If the owners of assessment units representing thirty percent or more of the outstanding improvement assessments shall at the hearing, or prior thereto, file with the council written protests duly acknowledged by the owners against the proposed refunding project, or against any part of the refunding plan, the refunding shall not be made contrary to protest. If the protest is against the adoption of any refunding plan, the plan shall not be made, and the proceedings shall not be renewed within one year from the date of closing the public hearing, unless each owner protesting shall sooner withdraw the protest. (b) The council shall also at the hearing sit as a board of equalization to receive complaints or objections respecting the total amounts of the proposed assessments. (1983 CC, c 12, art 5, sec 12-60; am 2002, ord 02-82, sec 19.)12-60 Section 12-61. Determination by council. (a) After the hearing, the council shall consider any protests or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon the proposed refunding plan. If the council has jurisdiction to continue, it shall then proceed to determine whether or not the refunding plan shall be adopted as proposed, or adopted with modifications. In the latter event the clerk shall be directed to give notice again of the hearing as provided in section 12-59. (b) If after such initial and further advertisement and hearing the council determines to proceed with the refunding measure, it shall, by ordinance, promulgate the refunding measure. Should the refunding project provide for the issuance of new bonds in the improvement district, the ordinance shall provide for the form of new bonds to be issued, approve of the assessment roll, and incorporate the assessment roll by reference. The assessment roll, as provided in section 12-26* shall contain only the names of the owners of assessment units who have not fully paid the assessments originally provided for the payment of the outstanding improvement bonds and shall provide for the levying of new assessments in amounts sufficient to retire the refunding bonds to be issued pursuant to the terms hereof. (c) After the final enactment of the ordinance, the amounts of the several assessments listed, advertised or incorporated, not previously objected to, shall conclusively be presumed to be just and equitable and not in excess of the special benefits accruing or to accrue by reason of the original improvement project. Upon final passage of the ordinance as provided above, all assessments therein made shall be a lien in the same manner and to the same extent as provided in section 12-32; provided, that in no case shall this new assessment constitute a lien on any assessment unit which has been discharged from the payment of the original assessment. (1983 CC, c 12, art 5, sec 12-61; am 2001, ord 01-123, sec 2; am 2002, ord 02-82, sec 19.) 12-61 * Editor’s Note: See section 12-27, Hawai‘i County Code, regarding preliminary assessment rolls. 12-39 § 12-62 H AWAI‘I C OUNTY C ODE Section 12-62. Refunding bonds. (a) Improvement bonds issued for the refunding of the outstanding indebtedness of any improvement district shall bear the name of the improvement district for which they are issued, and shall be issued and sold under all the conditions and terms as prescribed by article 4 of this chapter, except as otherwise prescribed in this chapter. (b) A lower rate of interest than that authorized in the original issue of improvement bonds may be prescribed and the refunding bonds may be authorized to run for a term not to exceed fifteen years from the final maturity date of the outstanding bonds. (1983 CC, c 12, art 5, sec 12-62; am 1984, ord 84-4, sec 4.)12-62 Section 12-63. Petition by all owners. If the petition is filed and acknowledged by the owners of assessment units representing one hundred percent of the unpaid assessments in any improvement district, and by all lessees of any assessment unit to be assessed, who, by the express terms of their respective leases must pay the kind of assessments contemplated by this article, unless the lessor of such lease files with the petition a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay such special assessments, and a written undertaking by the lessor or owner to pay the special assessments to be made under the proposed refunding plan, then the council shall proceed as provided above to have a hearing on the proposed new method of assessment and the assessment roll; provided that in case the owners of assessment units representing one hundred percent of the unpaid assessment as provided in this section consent, in writing, to the amount and apportionment of the proposed assessments under the refunding plan, it shall be unnecessary to give the notice or to hold any of the hearings specified above and the council may immediately proceed to fix the assessment in the manner provided; and provided further that the council may by resolution require the petitioners to deposit with the director of finance, within seven days after adoption of such resolution, a sum sufficient to meet the cost of the refunding project as reported by the director of finance, in which case the holding of the public hearing (if applicable) and any other actions of the County with respect to the refunding shall be conditioned on the making of such deposit within such period. (1983 CC, c 12, art 5, sec 12-63; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 19; am 2011, ord 11-66, sec 13.)12-63 Section 12-64. Cancellation of retired bonds. Should the refunding project provide for the retirement of the outstanding bonds of the improvement district, the director of finance shall stamp the retired bonds “canceled” and shall keep such canceled bonds in his possession. (1983 CC, c 12, art 5, sec 12-64.)12-64 12-40 I MPROVEMENTS B Y A SSESSMENTS §12-65 Section 12-65. Obligations unimpaired. Nothing in this article shall be construed as giving the council or any improvement district authority to impair the obligations of the improvement district under any outstanding improvement district bonds. (1983 CC, c 12, art 5, sec 12-65.)12-65 12-41 This page intentionally left blank. CHAPTER 13 MINORS Article 1. Curfew. Section 13-1. Minors under fifteen prohibited on public streets or places during certain hours; exceptions. Section 13-2. Minors under eighteen prohibited on public streets or places during certain hours; exceptions. Section 13-3. Penalty. Section 13-4. Parent or guardian responsible; penalty. Section 13-5. Business operator’s responsibility; penalty. Section 13-6. Child under six to be with parent or guardian; exception. Section 13-7. Duty of parent and guardian; penalty. Article 2. Intoxicating Liquors. Section 13-8. Definitions. Section 13-9. Minors drinking intoxicating liquor prohibited. Section 13-10. Penalty. Article 3. Toy Rifles. Section 13-11. Definition. Section 13-12. Minor prohibited from use of toy rifle; exceptions. Section 13-13. Parent or guardian responsible. Section 13-14. Transfer to minor prohibited. Section 13-15. Forfeiture to County. Section 13-16. Penalty. i This page intentionally left blank. M INORS§13-1 CHAPTER13 MINORS Article 1. Curfew. Section 13-1. Minors under fifteen prohibited on public streets or places during certain hours; exceptions. No person under the age of fifteen years shall remain or loiter on any public street, highway, park, or any other public place, including any establishment catering to the public where food, drink, entertainment, or recreational activities are provided, between the hours of 10:00 p.m. and 4:00 a.m. except in case of necessity or unless accompanied by the person’s parent, legal guardian, or an authorized person eighteen years or older. (1983 CC, c 13, art 1, sec 13-1.)13-1 Section 13-2. Minors under eighteen prohibited on public streets or places during certain hours; exceptions. No person under the age of eighteen years shall remain or loiter on any public street, highway, park, or any other public place, including any establishment catering to the public where food, drink, entertainment, or recreational activities are provided, between the hours of 12:30 a.m. and 4:00 a.m. unless accompanied by the person’s parent, legal guardian, or an authorized person eighteen years or older. (1983 CC, c 13, art 1, sec 13-2.)13-2 Section 13-3. Penalty. Any minor violating section 13-1 or section 13-2 of this article shall be subject to adjudication under section 571-11(1), Hawai‘i Revised Statutes. (1983 CC, c 13, art 1, sec 13-3.)13-3 Section 13-4. Parent or guardian responsible; penalty. Any parent or legal guardian of a person under the age of eighteen years who knowingly permits the person to violate either section 13-1 or section 13-2 hereof shall be fined not more than $500. (1983 CC, c 13, art 1, sec 13-4.)13-4 Section 13-5. Business operator’s responsibility; penalty. Any keeper of an establishment catering to the public where food, drink, entertainment, or recreational activities are provided who knowingly permits any child under the age of fifteen years to remain upon the premises between the hours of 10:00 p.m. and 4:00 a.m. unless the child is accompanied by the child’s parent, legal guardian, or an authorized person eighteen years or older, or who knowingly permits a child between the ages of fifteen and eighteen years to remain or loiter upon the premises between the hours of 12:30 a.m. and 4:00 a.m. unless accompanied by the child’s parent, legal guardian, or an authorized person eighteen years or older, shall be fined not more than $25. (1983 CC, c 13, art 1, sec 13-5.)13-5 13-1 § 13-6H AWAI‘I C OUNTY C ODE Section 13-6. Child under six to be with parent or guardian; exception. (a) No child under the age of six years shall be permitted to go or remain on any public street or highway in the County except in the company of the child’s parents, guardian or an adult person. (b) This section shall not be applicable where a child under the age of six years is going to or from public or private schools. (1983 CC, c 13, art 1, sec 13-6.)13-6 Section 13-7. Duty of parent and guardian; penalty. Any parent or guardian, having the care, custody and control of a child under the age of six years, who knowingly, voluntarily, or carelessly permits such child to go or remain on any public street or highway in the County unaccompanied by an adult person when the child is not going to or from schools, public or private, shall be punished by a fine of not less than $5 and not more than $100. (1983 CC, c 13, art 1, sec 13-7.)13-7 Article 2. Intoxicating Liquors. Section 13-8. Definitions. (a) As used in this article: (1) ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt, or fermented liquor, liquids, and compounds, in whatever form and of whatever constituency and by whatever name called, containing one-half percent or more of alcohol by volume, which are fit for use or readily converted for use for beverage purposes. (2) “Minor” means any person below the age of twenty-one years. (3) “Public place” means any place, building or passenger conveyance to which the public resort or are generally permitted to have access, except duly licensed establishments regulated and controlled by the liquor commission of the County. (1983 CC, c 13, art 2, sec 13-8; am 1987, ord 87-3, sec 1.)13-8 Section 13-9. Minors drinking intoxicating liquor prohibited. (a) No person shall provide, serve, or offer for drink, any intoxicating liquor in any public place to any minor. The duty to ascertain the age of any person drinking in any public place is the responsibility of such provider, server, or offerer. (b) No minor shall drink or consume any intoxicating liquor in any public place. (1983 CC, c 13, art 2, sec 13-9.)13-9 Section 13-10. Penalty. Any person violating any provision of this article shall be punished by a fine not to exceed $200. (1983 CC, c 13, art 2, sec 13-10.)13-10 13-2 M INORS§13-11 Article 3. Toy Rifles. Section 13-11. Definition. As used in this article, “toy rifle” means any weapon using compressed air or spring as the propelling force to eject therefrom a projectile in the shape of a ball, pellet, or rod of any type of material or any weapon of similar design, nature, or function, whether usable or unusable, serviceable or unserviceable, or modern or antique. (1983 CC, c 13, art 3, sec 13-11.)13-11 Section 13-12. Minor prohibited from use of toy rifle; exceptions. (a) No minor under the age of eighteen years shall own, acquire by purchase, gift or otherwise, possess, use, operate, or play with a toy rifle. (b) Any person under the age of eighteen years, while under the immediate supervision of an adult, may possess, use, operate, or play with a toy rifle. (c) No person under the age of eighteen years, under any circumstances, shall possess, use, operate, or play with a toy rifle in any public place, except while under supervision of an adult upon a bona fide public range. (1983 CC, c 13, art 3, sec 13-12.)13-12 Section 13-13. Parent or guardian responsible. No parent, guardian or any other person having the care, custody, or control of any minor under the age of eighteen shall permit the minor to own, acquire by purchase, gift, or otherwise, possess, use, operate, or play with a toy rifle, except as provided in section 13-12. (1983 CC, c 13, art 3, sec 13-13.)13-13 Section 13-14. Transfer to minor prohibited. No person shall sell, transfer or give a toy rifle to any minor under the age of eighteen years. (1983 CC, c 13, art 3, sec 13-14.)13-14 Section 13-15. Forfeiture to County. All toy rifles owned, carried, or possessed contrary to this article shall be forfeited to the County, and shall be destroyed or retained by the chief of police for use by and under the control of the police department. (1983 CC, c 13, art 3, sec 13-15.)13-15 Section 13-16. Penalty. Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $100. (1983 CC, c 13, art 3, sec 13-16.)13-16 13-3 This page intentionally left blank. CHAPTER 14 GENERAL WELFARE Article 1. Alcoholic Beverages. Section 14-1. Intoxicating liquors prohibited in certain public places. Section 14-2. Areas requiring permits for intoxicating liquors between the hours of 10:00 a.m. and 10:00 p.m. Section 14-2.1.Intoxicating liquors allowed between the hours of 6:00 p.m. and 10:00 p.m. Section 14-2.2.Intoxicating liquors allowed between the hours of 10:00 a.m. and 10:00 p.m. Section 14-3. Permit application. Section 14-4. Permit conditions. Section 14-5. Interpretation of article. Section 14-6. Penalty. Article 2. Firearms and Explosives. Section 14-7. Definitions. Section 14-8. Possession and use of obnoxious substance prohibited. Section 14-9. Exceptions. Section 14-10.Permit required for agency. Section 14-11.Investigation of agency; issuance of permit. Section 14-12.Conditions; storage and transportation. Section 14-13.Vendor’s license required; fee. Section 14-14.Vendor’s records; deliveries. Section 14-15.Renewal of licenses and permits. Section 14-16.Penalty. Article 3. Noise Control. Section 14-17.Definition. Section 14-18.Use of sound reproducing devices in public areas. Section 14-19.Enforcement. Section 14-19.1. Permits. Section 14-19.2. Exemptions. Section 14-19.3. Penalty. i Article 4. Prohibition of Smoking in Certain Places. Section 14-20.Definitions. Section 14-21.Prohibition of smoking in certain places. Section 14-22.Exceptions. Section 14-23.Posting of signs. Section 14-24.Violations and penalties. Section 14-24.1. Enforcement and administration. Section 14-24.2. Fire code. Article 5. Prohibition of Non-mineral Sunscreen. * Section 14-30.Definitions. Section 14-31.Prohibitions. Section 14-32.Exceptions. Section 14-33.Enforcement and administration. Section 14-34.Violation and penalty. Section 14-35.No conflict with State or Federal law. Article 6. Property Offenses. Section 14-39.Duty of chief of police; cultivated grounds. Section 14-40.Trespass prohibited; penalty. Section 14-40.1. Property damage prohibited; penalty. Article 7. Radio Interference. Section 14-41.Scope of article. Section 14-42.Operation of device causing electrical interference prohibited. Section 14-43.Penalty. Article 8. Nuclear Energy. Section 14-44.Purpose. Section 14-45.Definitions. Section 14-46.Transportation of radioactive material, unlawful. Section 14-47.Storage of radioactive material, unlawful. Section 14-48.Nuclear energy facilities, prohibited. Section 14-49.Penalty. Article 9. Outdoor Lighting. Section 14-50.Applicability and scope of article. Section 14-51.Definitions. Section 14-52.General requirements. SUPP. 13 (1-2023) ii Section 14-53.Exemptions. Section 14-54.Submission of plans. Section 14-55.Tables. Section 14-55.1. Penalty. Article 10. Exceptional Trees. Section 14-56.Intent. Section 14-57.Definitions. Section 14-58.Arborist advisory committee. Section 14-59.Powers and duties. Section 14-60.Procedures. Section 14-61.Consultation with County arborist advisory committee. Section 14-62.Enforcing authority. Section 14-63.Violation and penalty. Section 14-64.Injunctive relief. Section 14-65.Designated exceptional trees. Article 11. Neighborhood Watch Signs. Section 14-66.Purpose. Section 14-67.Definitions. Section 14-68.Powers and duties. Section 14-69.Application for approval. Section 14-70.Rules. Article 12. Official Bulletin Board. Section 14-71.Official bulletin board established; purpose. Section 14-72.Official bulletin board location. Section 14-73.Official bulletin board custodian. Article 13. Soliciting for Money or Objects of Value. Section 14-74.Definitions. Section 14-75.Prohibited acts. Section 14-76.Enforcement. Section 14-77.Form of summons or citations. Section 14-78.Penalties. Article 14. Street Addressing And Naming. Division 1. General Provisions. Section 14-79.Purpose and applicability. Section 14-80.Definitions. Section 14-81.Administration. SUPP. 13 (1-2023) iii Division 2. Address Numbers. Section 14-82.Procedures for assigning and changing addresses. Section 14-83.Address numbering standards. Section 14-84.Display of address numbers. Division 3. Street Names. Section 14-85.Procedures for naming and renaming streets. Section 14-86.Street name criteria. Section 14-87.Street name signs. Division 4. Violations. Section 14-88.Enforcement of numbering or street name requirements. Section 14-89.Enforcement of street name sign or address tampering or defacement. Article 15. Genetically Engineered (Transgenic) Taro (Kalo) and Coffee. Section 14-90.Purpose. Section 14-91.Definitions. Section 14-92.Genetically engineered (transgenic) taro (kalo), unlawful. Section 14-93.Genetically engineered (transgenic) coffee, unlawful. Section 14-94.Penalty. Section 14-95.Injunctive relief. Article 16. Lowest Law Enforcement Priority of Cannabis Ordinance.* Section 14-96.Purpose. Section 14-97.Findings. Section 14-98.Definitions. Section 14-99.Lowest law enforcement priority policy relating to the adult personal use of cannabis. Section 14-100. County prosecuting attorneys. Section 14-101. Expenditure of funds for cannabis enforcement. Section 14-102. Community oversight. Section 14-103. Notification of local, state, and federal officials. Section 14-104. Statutory and constitutional interpretation. Section 14-105. Severability. * Editor’s Note: Article 16 was invalidated by Ruggles v. Yagong, 353 P.3d 953 (Haw. 2015), cert. denied, 577 U.S. --- (2015). SUPP. 1 (1-2017) iv Article 17. Regulation of Axis Deer. Section 14-106. Transporting live axis deer into the County; unlawful. Section 14-107. Transporting live axis deer within the County; unlawful. Section 14-108. Harboring axis deer; unlawful. Section 14-109. Exemptions. Section 14-110. Penalty. Article 18. Animal Eradication.* Section 14-111. Findings and purpose. Section 14-112. Aerial eradication of animals; unlawful. * Editor’s Note: Application of article 18 preempted with respect to requirements of 1998 Stipulated Order, providing that State will commence aerial shooting of ungulates sighted in critical habitat area for Palila. Palila v. Haw. Dep't of Land & Natural Res., No. 78-00030 JMS (D. Haw. April 8, 2013) (Order Granting Defs. Mot. for Declaratory and Injunctive Relief). Article 19. Geothermal Drilling. Section 14-113. Definitions. Section 14-114. Restrictions. Article 20. Licenses to Carry Concealed and Unconcealed Firearms. * Section 14-115. Definitions. Section 14-116. Supremacy clause. Section 14-117. Licenses to carry concealed and unconcealed firearms. Section 14-118. Sensitive places prohibition; exceptions. Section 14-119. Carrying firearm while intoxicated or consuming an intoxicant prohibited. Section 14-119.1. Duty to inform law enforcement upon contact. Section 14-119.2. Penalties. Section 14-119.3.Administrative rules. * Editor’s Note: Article 20, formerly entitled “Plastic Bag Reduction,” was repealed by Ordinance 20-86, section 9. Provisions relating to plastic bag reduction can now be found in chapter 20, article 6. Article 21. Hydraulic Fracturing Policy. Section 14-120. Definitions. Section 14-121. Hydraulic fracturing prohibited. Section 14-122. Right of entry. Section 14-123. Violation. Section 14-124. Notice of violation. Section 14-125. Administrative enforcement. Section 14-126. Penal enforcement. Section 14-127. Injunctive relief. SUPP. 16 (7-2024) v Article 22. Restriction of Genetically Engineered Crops and Plants.* Section 14-128. Purpose. Section 14-129. Definitions. Section 14-130. Prohibition. Section 14-131. Exemptions. Section 14-132. Emergency exemption. Section 14-133. Registration. Section 14-134. Penalties. Section 14-135. Declaratory and injunctive relief. Section 14-136.Cumulative remedies. *Editor’s Note: Article 22 was invalidated by Haw. Papaya Indus. Ass'n. v. County of Haw., No.14-17538 (9th Cir. 2016) (mem.). Article 23. Distribution of Tobacco Products. Section 14-137. Definitions. Section 14-138. Prohibition; verification of age; penalties. Section 14-139. Posted signs required. Section 14-140. Enforcement. Article 24. Littering. Section 14-141. Definitions. Section 14-142. Littering prohibited; use of public receptacles. Section 14-143. Sweeping into streets and sidewalks prohibited. Section 14-144. Merchant’s duty to keep sidewalk clean of litter. Section 14-145. Litter prohibited on occupied private property. Section 14-146. Distributing handbills at inhabited private premises. Section 14-147. Summons or citation for violation. Section 14-148. Penalty. Article 25. Clearing Occupied and Unoccupied Lots. Section 14-149. Definitions. Section 14-150. Removal of refuse, undergrowth, and unsafe flora required. Section 14-151. Complaint by adjacent or abutting owner(s); request to clear. Section 14-152. Clearance by County; costs. Section 14-153. Service of notice. Article 26. Real Property Owner Contact Information Registry. Section 14-154. Definitions. Section 14-155. Owner contact information required. Section 14-156. Safeguarding of contact information. Section 14-157. Utilization of contact information. Section 14-158. Rules and regulations. SUPP. 16 (7-2024) vi G ENERAL W ELFARE § 14-1 CHAPTER 14 GENERAL WELFARE Article 1. Alcoholic Beverages. Section 14-1. Intoxicating liquors prohibited in certain public places. (a) No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise: (1) Public highways and public rights-of-way, public sidewalks, public breakwaters and public seawalls, except seawalls in parks where drinking is not prohibited; (2) Public parking lots, which for the purposes of this section shall mean the entire area within any County-owned or operated off-street parking lot or facility, including but not limited to parking and loading stalls, designated parking areas within County parks, landscaping strips, stairwells and pedestrian passageways, internal roadways, and roadways for ingress to and egress from such parking lot or facility; (3) Public school grounds and buildings; (4) Public areas or buildings contiguous to all public school grounds and buildings, except as provided herein; (5) Public parks, except parks enumerated in section 14-2, on which children’s playground equipment, such as slides, jungle gyms, seesaws and swings are located; (6) That certain portion of parcel 24 consisting of some twenty-seven thousand ninety-nine square feet, more or less, being a portion of the property designated upon the tax maps of the Third Taxation Division as Tax Map Key No. (3)1-5-2- Hawai‘i; (7) South Hilo: (A) Ainaola Park; (B) Clem Akina Park; (C) Ahualani Park; (D) Peninsula, makai of Kamehameha Avenue-Kalaniana‘ole Avenue from the Wailoa River estuary to the site of the former Reeds Bay Restaurant (TMK Nos. 2-1-06:11, 12, 19, and 20); (E) Drag Strip, Hilo; (F) (G) (H) Keikiland; (I) Lanakila Center; (J) Lincoln Park; 14-1 § 14-1 H AWAI‘I C OUNTY C ODE (K) (L) Mo‘oheau Park; (M) Pana‘ewa Park; (N) Honoli‘i Beach Park; (O) Richardson Park and Center; (P) Skeet and Trap Range; (Q) (R) -Waena Playground; (S) Waiolama Canal Archery/Jogging Area; (T) Zoo, Pana‘ewa Rainforest; (U) All cemeteries; (V) All swimming pools; (W) All tennis courts (except Edith Kanakaole); (X) Bakers Beach; (Y) Hualani Park; (Z) Mohouli Park; (AA) Wai‘olena and Wai‘uli Beach Parks, portion located between the pavilions and the west end of the seawall beginning at a point four- tenths of a mile west of Leleiwi Street and extending three hundred twelve feet in the westerly direction; (AB) James Kealoha Beach Park; (AC) Lehia Beach Park. (8) North/South Kona: (A) Kailua Playground; (B) Ku‘emanu Heiau; (C) Kailua Park, except as provided in section 14-2(a)(2)(F); (D) All swimming pools; (E) All tennis courts; (F) Higashihara Park; (G) Hillcrest Park; (H) Clarence Lum Won Park; (I) La‘aloa Bay Beach Park; (J) (9) : (A) (B) All swimming pools; (C) All tennis courts. (10) Puna: (A) Glenwood Park; (B) Kalapana Playground; (C) All swimming pools; (D) All tennis courts; (E) Kahakai Park. (11) (A) (B) All swimming pools; SUPP. 11 (1-2022) 14-2 G ENERAL W ELFARE § 14-1 (C) All tennis courts; (D) Waipi‘o Lookout. (12) North/South Kohala: (A) Church Row; (B) All swimming pools; (C) All tennis courts; (D) Waikoloa Highway Park; (E) Spencer Beach Park; (F) Kamakoa Nui Park; (G) Spencer Kalani Schutte District Park. (1982, ord 810, sec 1; am 1983 CC, c 14, art 1, sec 14-1; am 1987, ord 87-70, sec 1; am 1990, ord 90-104, sec 1; am 1993, ord 93-7, sec 1; am 1996, ord 96-54, sec 1; am 2008, ord 08-7, sec 3; am 2010, ord 10-5, sec 1; am 2013, ord 13-77, sec 1; am 2017, ord 17-55, sec 1; am 2018, ord 18-61, sec 3; am 2019, ord 19-43, sec 3; am 2020, ord 20-59, sec 3; am 2021, ord 21-87, sec 1.)14-1 Section 14-2. Areas requiring permits for intoxicating liquors between the hours of 10:00 a.m. and 10:00 p.m. (a) Permits shall allow drinking of intoxicating liquors only between the hours of 10:00 a.m. and 10:00 p.m. (1) South Hilo: (A) Bayfront Beach; (B) Coconut Island; (C) Hilo Armory; (D) Ho‘olulu Complex; (E) (F) Wainaku Gym; (G) Equestrian Center, Pana‘ewa; (H) Hakalau Park; (I) (J) Carvalho Park; (K) Pepe‘ekeo Community Center; (L) University Heights Park. (2) North/South Kona: (A) (B) (C) Imin Center; (D) Yano Hall; (E) Greenwell Park; (F) That area in the terminal at Kailua Park specifically designated by the director of parks and recreation; (G) Old Kona Airport Park picnic pavilions and Events Pavilion excluding the runway and areas surrounding the runway, Pawai Bay, and the park area at the end of the runway; (H) Kahalu‘u Beach Park; (I) Magic Sands Beach Park, otherwise known as Disappearing Sands Beach Park or White Sands Beach Park; (J) SUPP. 11 (1-2022) 14-3 § 14-2 H AWAI‘I C OUNTY C ODE (3) (A) (B) Pahala Community Center; (C) Hawaiian Ocean View Park. (4) Puna: (A) (B) Volcano Community Center; (C) Kurtistown Park; (D) Mt. View Park; (E) Shipman Park; (F) Isaac Kepo‘okalani Hale Beach Park. (5) (A) Honoka‘a Rodeo Arena; (B) Haina Park; (C) Honoka‘a Park. (6) North/South Kohala: (A) Kamehameha Park; (B) Kohala Senior Center; (C) Waimea Park; (D) Waimea Senior Center. (1982, ord 810, sec 2; am 1983 CC, c 14, art 1, sec 14-2; am 1987, ord 87-70, sec 1; am 1990, ord 90-122, sec 2; am 2008, ord 08-121, sec 1; am 2009, ord 09-144, sec 2; am 2010, ord 10-6, sec 2; am 2016, ord 16-75, sec 1.)14-2 Section 14-2.1. Intoxicating liquors allowed between the hours of 6:00 p.m. and 10:00 p.m. (a) No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise, except between the hours of 6:00 p.m. and 10:00 p.m. (1) South Hilo: (A) Ainako Park; (B) Kaiwiki Park; (C) (D) (E) Kula‘imano Park; (F) Malama Park; (G) (H) -Uka Park; (I) Wainaku Playground. (2) North/South Kona: (A) Reserved. (3) (A) SUPP. 1 (1-2017) 14-4 G ENERAL W ELFARE §14-2.1 (4) Puna: (A) Hawaiian Beaches Park. (5) (A) (B) (C) Pa‘auilo Park; (D) (6) North/South Kohala: (A) Waikoloa Village Park. (1987, ord 87-70, sec 1; am 2016, ord 16-75, sec 2.)14-2.1 Section 14-2.2. Intoxicating liquors allowed between the hours of 10:00 a.m. and 10:00 p.m. (a) Persons may drink intoxicating liquors in the following public areas or buildings located thereon between the hours of 10:00 a.m. and 10:00 p.m.: (1) South Hilo: (A) Carlsmith Park; (B) Hilo Senior Center; (C) Kolekole Beach Park; (D) Wai‘olena and Wai‘uli Beach Parks, except a portion located between the pavilions and the west end of the seawall beginning at a point four- tenths of a mile west of Leleiwi Street and extending three hundred twelve feet in the westerly direction; (E) Onekahakaha Beach Park. (2) North/South Kona: (A) Ho‘okena Beach Park; (B) Miloli‘i Beach Park. (3) (A) Punalu‘u Beach Park; (B) Whittington Beach Park. (4) Puna: (A) Harry K. Brown Park; (B) (5) North Hilo/Hamakua: (A) Kukuihaele Social Hall; (B) (C) Waikaumalo Park. SUPP. 11 (1-2022) 14-5 § 14-2.2 H AWAI‘I C OUNTY C ODE (6) North/South Kohala: (A) Kapa‘a Beach Park; (B) (C) (D) (1987, ord 87-70, sec 1; am 1990, ord 90-104, sec 2; am 1990, ord 90-122, sec 3; am 1996, ord 96-54, sec 2; am 2008, ord 08-7, sec 4; am 2009, ord 09-144, sec 1; am 2010, ord 10-6, sec 1; am 2017, ord 17-55, sec 2; am 2021, ord 21-87, sec. 2.)14-2.2 Section 14-3. Permit application. (a) Only persons twenty-one years of age or older who show satisfactory proof of their age and who comply with the requirements set forth in this section shall be entitled to a permit. (b) Any person desiring to obtain a permit, required by section 14-2, shall make application in writing to the chief of police or the chief’s authorized representative. The application shall be signed by the applicant and the person who will be responsible for the conduct of all persons at the gathering or occasion, and shall include: (1) The full name and address of the applicant, if an individual, and, if a firm, association, corporation or club, the full names and addresses of its principal officers. (2) The full name and address of the person who will be responsible for the conduct of all persons at the occasion or gathering. Such person shall be of good moral character. The chief of police or the chief’s authorized representative may, in the chief of police’s or the chief’s authorized representative’s discretion, require proof of good moral character if they have good reason to doubt the moral character of the person. The proof shall be in the form of an affidavit signed by two or more responsible persons stating the duration and nature of their knowledge and acquaintance with the person and that the person is of good moral character. (3) The place for which a permit is desired. (4) The date and time for which a permit is desired. In no event shall the permit extend beyond 10:00 p.m. (5) The nature of the occasion or gathering. (6) The approximate number of persons to be in attendance. (1983 CC, c 14, art 1, sec 14-3; am 1987, ord 87-70, sec 1; am 1990, ord 90-122, sec 4.)14- 314-4 SUPP. 11 (1-2022) 14-6 G ENERAL W ELFARE § 14-4 Section 14-4. Permit conditions. (a) Permits shall be subject to all applicable laws and ordinances and to the following conditions which shall be set forth in the permit: (1) No person who is intoxicated shall be permitted to be or remain upon the premises. (2) No person shall intentionally destroy, damage or injure any property. (3) No person shall dispose of any refuse, except in receptacles placed on the premises for that purpose. (4) The responsible person shall be present at all times. (1983 CC, c 14, art 1, sec 14-4.)14-4 Section 14-5. Interpretation of article. The provisions of this article shall not be construed to permit a person to sell intoxicating liquor by obtaining a special license or otherwise. (1983 CC, c 14, art 1, sec 14-5.)14-5 Section 14-6. Penalty. A violation of this article shall constitute a petty misdemeanor. Any person violating any provision of this article shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punishable by a term of imprisonment of not more than thirty days, a fine not to exceed $1,000, or both. (1983 CC, c 14, art 1, sec 14-6; am 2012, ord 12-57, sec 2.)14-6 Article 2. Firearms and Explosives. Section 14-7. Definitions. (a) As used in this article, unless the context clearly requires otherwise: (1) “Agency” means organizations, public and private, whose operations are determined by the chief of police to require the use of one or more of the devices enumerated in section 14-9 to accomplish a proper purpose. (2) “Chief of police” means the chief of police of the County or the chief’s authorized subordinate. (3) “Devices” means a shell, cartridge, bomb, gun, or aerosol capable of emitting an obnoxious substance in gas, vapor, liquid, or solid form. (4) “Employee” means all officers, agents, and employees of an agency whether or not such officer, agent, or employee has been issued a permit. (5) “Gun” means revolvers, pistols, rifles, fountain pen guns, riot guns, shot guns, and cannons, portable or fixed, except those regularly manufactured, and used with firearm ammunition. (6) “Obnoxious substance” means a substance enumerated in section 14-8 or its derivative. (7) “Shell, cartridge, or bomb” means a shell, cartridge, or bomb capable of being discharged or exploded by the use of a percussion cap, fuse, electricity, or other means to cause or permit the release or emission of an obnoxious substance. (1983 CC, c 14, art 2, sec 14-7.)14-7 14-7 § 14-8 H AWAI‘I C OUNTY C ODE Section 14-8. Possession and use of obnoxious substance prohibited. (a) No person shall use a shell, cartridge, bomb, gun, or other device capable of emitting any liquid, gaseous, or solid substance or any combination thereof, which is injurious to a person or property, or which is nauseous, sickening, irritating or offensive to any of the senses; to injure, molest, discomfort, discommode, or coerce another in the use or control of their person or property or engage in a “crime of violence” as defined in Hawai‘i Revised Statutes Title 37, which involves injury or threat of injury to the person or property of another. (b) No person shall possess, discharge, use, transport, sell, or offer to sell any shell, cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN), orthochlorobenzylmalononitrile (CS), or their derivatives in any form. (1983 CC, c 14, art 2, sec 14-8; am 1995, ord 95-90, sec 2.)14-8 Section 14-9. Exceptions. (a) The chief of police and his subordinates may purchase, possess, discharge, use, and transport shells, cartridges, bombs, guns, and obnoxious substances in carrying out their duties. (b) Notwithstanding the prohibitions prescribed in subsections 14-8(a) and (b), private security officers who are employees of licensed private police or security agencies may purchase, possess, discharge, use, or transport shells, cartridges, bombs, guns, and other devices in carrying out their duties, subject however, to the conditions prescribed in sections 14-11 and 14-12. (c) An employee of a government or private organization who, by necessity of employment, is required to go on private property to carry out a duty, may possess, discharge, use, or transport shells, cartridges, bombs, guns, and other devices subject to the conditions prescribed in section 14-12. (1983 CC, c 14, art 2, sec 14-9; am 1995, ord 95-90, sec 2.)14-9 Section 14-10. Permit required for agency. (a) Any agency desiring to purchase, possess, discharge, use or transport an obnoxious substance shall first file an application for a permit on forms provided by the chief of police. The application shall include the name of the officer or employee who has been authorized to purchase the obnoxious substance from a vendor. (b) The agency shall submit the name of each employee who is to possess, discharge, use or transport the device together with its application for permit, so that the chief of police may issue separate permits to each of the named employees. (c) Each agency except for government agencies shall pay to the director of finance a sum of $50 for its permit and a sum of $5 for each permit issued to its employees. (d) Each agency is authorized to purchase only the device emitting an obnoxious substance listed on its permit. The device shall at all times remain in the exclusive ownership and control of the agency. (1983 CC, c 14, art 2, sec 14-10; am 1995, ord 95-90, sec 2.)14-10 14-8 G ENERAL W ELFARE §14-11 Section 14-11. Investigation of agency; issuance of permit. (a) The chief of police, upon application by an agency, shall determine that the possession, discharge, use, and transportation of a device is necessary due to the nature of the service or services performed by the agency. The chief of police shall have the sole authority to determine the specific service or services for which there is a necessity for the use of a device. The device shall be used only in connection with the performance of the authorized service or services. (b) The chief of police shall issue a permit to the individual employee only upon finding that the employee: (1) Is of good moral character; (2) Is at least eighteen years of age; (3) Has not been convicted in this State or elsewhere of a crime of violence or of the illegal use, possession or sale of narcotics; and (4) Has not been adjudged insane. The agency shall cooperate in providing all such evidence as to fitness of the employee as may be required by the chief of police in making the foregoing findings. The permit furnished by the chief of police shall be carried on the employee’s person whenever the employee is in possession of a device. (c) Upon making a determination under subsections (a) and (b) favorable to the requesting agency, the chief of police shall issue to the agency a permit authorizing it to purchase, own, and control the device or devices listed. A copy of the permit shall be retained on file at the police department. (1983 CC, c 14, art 2, sec 14-11.)14-11 Section 14-12. Conditions; storage and transportation. (a) Agencies described in subsections 14-9(b) and (c) shall be subject to the following conditions of purchase, use, storage, possession, transportation, and other requirements in connection with an obnoxious substance. (b) All devices emitting obnoxious substances owned by an agency except those enumerated in subsection 14-9(c), which may be secured in a locked compartment in the agency vehicle, shall be stored at a single location which is under the exclusive control of the agency and approved by the chief of police. The issuance and reissuance of the devices shall only be to employees authorized under subsection 14-11(b) according to controls approved by the chief of police. In addition, an accurate record of the issuance and return of all devices as well as the number of devices in the possession of each employee and the number in possession of the agency shall be kept by the agency. (c) The possession and transportation of a device by an employee shall be, unless otherwise provided, restricted to: (1) Transportation between the place of storage and the place of performance of the approved service; (2) The location where the services for which the use of the device was approved are being performed; and 14-9 § 14-12 H AWAI‘I C OUNTY C ODE (3) Transportation from one place of performance of an approved service to another, if during the course of the employee’s duties the employee is required to provide services at more than one place. (d) The employee shall discharge or use the device only within the scope of and when reasonably necessary to employment. (e) The agency will be liable for the negligent use or misuse of a device under its control whether or not the device is being used by its employee within the scope of employment; provided, the penalty provision of section 14-16 shall not apply to the agency for the unlawful act of its employee unless the act is permitted or induced by the action of the agency. (f) The records and procedures for the possession, use, and transportation of a device shall be subject to inspection by the chief of police from time to time. (1983 CC, c 14, art 2, sec 14-12.)14-12 Section 14-13. Vendor’s license required; fee. (a) Any person vending an obnoxious substance shall first obtain a license from the director of finance. (b) The annual fee for a license under this section shall be $25, which shall be payable to the director of finance. (1983 CC, c 14, art 2, sec 14-13.)14-13 Section 14-14. Vendor’s records; deliveries. (a) The vendor shall keep an accurate record of the sale of obnoxious substances including monthly inventories showing the quantity and type of device received, inventories showing the quantity of devices on hand, accurate records of the sale of devices including the name of the purchasing agency, date of purchase, type of obnoxious substance sold and the number of each type, and such other records as the chief of police may require. (b) The chief of police shall have access to the vendor’s books and records pertaining to the purchase and sale of obnoxious substance at reasonable times during business hours. (c) The sale of obnoxious substance shall be made in case sized units as packaged at the factory and unopened except that the unopened case may be placed in a container provided by the local vendor prior to the sale. Sales of obnoxious substance shall be made only to the authorized representative of the purchasing agency as provided in sections 14-10, 14-11, and 14-12 or in the case of delivery to the agency, the delivery shall be only to the location specified in the agency’s permit. Deliveries as provided under this article shall be made only by the personnel of the vendor or the delivery service. No permit shall be required for the personnel of the vendor or delivery service making such deliveries. (1983 CC, c 14, art 2, sec 14-14.)14-14 14-10 G ENERAL W ELFARE §14-15 Section 14-15. Renewal of licenses and permits. A license or permit issued under this article shall be renewed every year before July 2. (1983 CC, c 14, art 2, sec 14-15.)14-15 Section 14-16. Penalty. A person who violates any provision of this article shall upon conviction be punished by imprisonment not to exceed one year or by a fine not to exceed $1,000 or both. Upon conviction, the license or permit issued to the person shall be revoked. (1983 CC, c 14, art 2, sec 14-16.)14-16 Article 3. Noise Control. Section 14-17. Definition. (a) As used in this article, unless the context clearly requires otherwise: (1) “Machine or device for reproducing sound” includes any magnifying sound instrument used in the production or replication of music, spoken words, or other sounds, other sound amplification designed to enlarge the volume of sound produced by any instrument or by the human voice. (1983 CC, c 14, art 3, sec 14-17; am 1990, ord 90-65, sec 2.)14-17 Section 14-18. Use of sound reproducing devices in public areas. (a) It shall be a violation of law for any person or persons to play, use, operate, or permit to be played, used, or operated, any radio, tape recorder, cassette player, or other machine or device for reproducing sound, if: (1) Such machine or device is located in or on: (A) Any public property, including any public street, highway, building, sidewalk, park, or thoroughfare; or (B) Any motor vehicle on a public street, highway, or public space; and (2) The sound generated by such machine or device is audible at a distance of fifty feet from the machine or device producing the sound. (b) Possession by a person or persons of any of the machines or devices enumerated in subsection (a) shall be prima facie evidence that that person, or those persons, operated the machine or device at the time in question, in violation of this section. (1983 CC, c 14, art 3, sec 14-18; am 1990, ord 90-65, sec 2.)14-18 Section 14-19. Enforcement. (a) Powers of arrest or citation. Any police officer shall be authorized to issue a citation for any violation under this article. An arrest under the provisions of this article may only be effected by a police officer, and only in instances where: (1) The alleged violator refuses to provide the officer with such person’s name and address and any proof thereof as may be reasonably available to the alleged violator. 14-11 § 14-19 H AWAI‘I C OUNTY C ODE (2) When the alleged violator refuses to cease such activity after being issued a citation. (b) Citation. (1) There shall be provided for use by authorized police officers, a form of citation for use in citing violators of this article which does not mandate physical arrest of such violators. The form and content of such citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other citations used in modern methods of arrest so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawai‘i and the County of Hawai‘i. (2) In every case when a citation is issued, a copy of the same shall be given to the violator. (3) Every citation shall be consecutively numbered and each carbon copy shall bear the name of its respective original. (1983 CC, c 14, art 3, sec 14-19; am 1990, ord 90-65, sec 2.)14-19 Section 14-19.1. Permits. (a) A permit for a temporary exemption from the provisions of subsection 14-18(a) of this article may be issued by the chief of police to commercial, religious, political, civic, charitable, athletic, and other organizations, or individuals, for activities such as carnivals, parades, fund raisers, fairs, bazaars, public speeches and meetings. (b) The chief of police shall prescribe a form of application for such a permit which shall be completed by the applicant and which, when completed, shall state the date, time of day, duration, and nature of the proposed activity, the reason for the proposed activity, the name of the person who shall be in charge of the proposed activity, and such other pertinent information as the chief shall deem necessary. (c) In determining whether to grant or deny an application for a permit hereunder, the chief shall consider the information provided in the application together with the impact of the proposed noise on the health, safety and welfare of the residents of and visitors to the surrounding area. If more information is needed in order for the chief to make a determination on the application, the chief may request further information from the applicant by means of a supplemental application. (d) The applicant shall submit the completed form to the chief not later than five days prior to the proposed activity; thereafter, the chief shall notify the applicant of the decision to grant or deny the permit within three days of the submission of the completed application and any required supplemental application. (e) The permit shall state the date, place, time, duration, and nature of the proposed activity, shall be in the possession of the person in charge of the activity, and shall be produced for inspection upon the request of any law enforcement officer. (f) The chief may issue a permit subject to conditions which shall be stated upon the permit; including limitations upon the sound level, duration, or time of day of the activity, or the requirement that breaks be taken in the activity. 14-12 G ENERAL W ELFARE § 14-19.1 (g) The chief may adopt rules not inconsistent herewith for the implementation of the permit system established in this section. Such rules may include provisions for the granting of a permit when an application is received less than five days prior to the proposed activity. (1990, ord 90-65, sec 2.)14-19.1 Section 14-19.2. Exemptions. The following shall be exempt from the prohibitions set forth in section 14-18: (1) Activities of the County of Hawai‘i, State of Hawai‘i, or the United States; (2) Activities of private persons or entities acting within the permitted uses of a permit issued by the County of Hawai‘i, State of Hawai‘i, or the United States; (3) Amplifying devices within sight-seeing cars, buses, motor coaches, or other similar vehicles, designed primarily to address passengers within the vehicles; and (4) Amplifying devices on or within ambulances or authorized emergency vehicles. (1990, ord 90-65, sec 2.)14-19.2 Section 14-19.3. Penalty. (a) Any person convicted of a violation of the provisions of this article shall be punished by a fine of: (1) Up to $100 for the first offense; or (2) Up to $500 for the second offense, if such offense is committed within six months of the first offense; or (3) Up to $1,000, or forfeiture of the sound system or components of the sound system up to $1,000 in value, or a combination of a fine and forfeiture, up to a total of $1,000, for conviction of the third or more offense, if such offense is committed within one year of the first offense. (b) Any offense occurring after the first year of the first offense, and each successive year thereafter, shall be subject to the provisions of subsection (a) as though it were the first instance of the offense. (1990, ord 90-65, sec 2.)14-19.3 Article 4. Prohibition of Smoking in Certain Places. Section 14-20. Definitions. (a) As used in this article, unless the context requires otherwise: “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. “Incidental” means that for the prior calendar year, gross sales of food are less than one-third of gross sales of alcoholic beverages. A “bar” is authorized under a license issued by the department of liquor control. “Bowling alley” means a building where people go to bowl. 14-13 § 14-20 H AWAI‘I C OUNTY C ODE “Building” means any area enclosed by a roof and at least three walls. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. “Commercial building” means a building occupied by two or more commercial tenants. “Electronic smoking devices” means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to and electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. “Enclosed or partially enclosed area(s)” means area(s) closed in by a roof or overhang and at least two walls. “Hotel” means a transient vacation rental, other than a bed and breakfast home containing lodging or dwelling units. “Multifamily dwelling” means a building containing more than two dwelling units. “Nightclub” means a bar in which live entertainment is provided and in which facilities for dancing by patrons either by live entertainment or recorded music are provided. “Open to the public” means areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities. “Restaurant” means any retail eating establishment where food is served or provided for on-site consumption by seated patrons that is authorized by the State department of health to operate as a food establishment, including any private food service establishment or club in which only members or their guests are permitted. The term “restaurant” includes a bar area within the restaurant and outdoor areas of restaurants. “Retail tobacco store” means a store which primarily sells tobacco products, electronic smoking devices, and accessories, with an entrance door opening directly to the outside, that derives more than fifty-one percent of its gross revenue from the sale of tobacco products, electronic smoking devices, and other smoking accessories, and in which the sale of other products is merely incidental. “Retail tobacco store” does not include a tobacco department or section of another business with any type of liquor, food, or restaurant license, or a store within or part of an indoor public place or a workplace, such as a shopping mall. “Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. “Smoking” includes the use of an electronic smoking device. 14-14 G ENERAL W ELFARE §14-20 “Tobacco product” means any product made or derived from tobacco that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking devices. “Tobacco product” does not include any product specifically approved by the United States Food and Drug Administration for legal sale as a tobacco cessation product that is being marketed and sold solely for that approved purposes. (1983 CC, c 14, art 4, sec 14-20; am 1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2; am 2007, ord 07-4, sec 1; am 2015, ord 15-11, sec 1.)14-20 Section 14-21. Prohibition of smoking in certain places. (a) Except as otherwise provided in this article, smoking or the use of electronic smoking devices shall be prohibited in all enclosed places within the County, including but not limited to, the following places: (1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and private health care facilities, including, but not limited to, hospitals, clinics, and medical and dental offices. (2) Restaurants and bowling alleys. If a restaurant or bowling alley contains an outdoor, open air or partially enclosed seating area where food and beverages are served, smoking is prohibited in this area of the establishment. (3) Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by the County, except for residential dwelling units which shall be regulated herein as multifamily dwellings. (4) Except as provided in section 14-22, all business and not-for-profit establishments, including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries, classrooms, private offices, conference or meeting rooms and all other enclosed facilities. This also includes common areas, including but not limited to, work areas, elevators, hallways, cafeterias, employee lounges, stairs, and restrooms. (5) All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents, including but not limited to, lobbies, elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas. (6) All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive use and possession of a tenant and open to the common use of the tenants of the building and their employees and customers, including but not limited to, common entrance areas, restrooms, lobbies, elevators, malls, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings. (7) In the event a building is both a multifamily dwelling and a commercial building, as defined in this article, all common use areas except for private residences. 14-15 § 14-21 H AWAI‘I C OUNTY C ODE (8) All enclosed or partially enclosed areas within hotels that are open to the common use of the public, hotel guests, or hotel employees, including but not limited to, restrooms, lobbies, elevators, hallways, corridors, stairways, waiting areas, recreation areas, banquet halls, banquet rooms, and ballrooms. (9) In the event a building is both a commercial building and a hotel, all common use areas except for hotel rooms rented to guests and designated as smoking rooms. (10) All vehicles owned or leased by the County. (11) Taxicabs. (12) In any motor vehicle, whenever occupied by a person less than eighteen years of age. (13) Private residences, during hours of operation, when used as a licensed child care, adult day care or health care facility, except in residences where the care facility is physically detached from the residence or is separated from the owner’s area. (14) Smoking or the use of electronic smoking devices is prohibited within a presumptively reasonable minimum distance of twenty feet from any entrance to, exit from, or any fresh air intake of any enclosed area to insure that tobacco smoke or vapor does not enter the enclosed area through entrances, windows, ventilation systems, or other means. (15) Areas within private residences, during hours of operation, that are used for the care of patients or clients in licensed residential care homes, except in residences where the care facility is physically detached from the residence or is completely separated by a solid wall with no other openings except closable doors or windows, which shall remain closed during hours of operation from the owner’s area where clients or patients are not allowed. (16) Bars. (b) Smoking or the use of any tobacco products, or the use of electronic smoking devices shall be prohibited at all County parks and recreational facilities listed in section 15-68.1. (1983 CC, c 14, art 4, sec 14-21; am 1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2; am 2007, ord 07-4, sec 2; am 2008, ord 08-56, sec 1; am 2010, ord 10-33, sec 1; am 2015, ord 15-11, sec 2.) 14-21 Section 14-22. Exceptions. Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt: (1) Private residences, except as prohibited in sections 14-21(a)(13) and 14- 21(a)(15). (2) Individual hotel and motel rooms that are rented to guests and are designated as smoking rooms. 14-16 G ENERAL W ELFARE §14-22 (3) Retail tobacco stores; provided that smoke or vapor from these places shall not infiltrate into areas where smoking is prohibited under this article. (1983 CC, c 14, art 4, sec 14-22; am 1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2; am 2015, ord 15-11, sec 3.)14-22 Section 14-23. Posting of signs. (a) Clearly legible signs that include the words “Smoking is Prohibited by Law Including E-cigarettes and All Other Electronic Smoking Devices” or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette and a symbol of an electronic smoking device enclosed in a red circle with a red bar across it), or both, shall be clearly and conspicuously posted in every public place and place of employment where smoking or the use of electronic smoking devices is prohibited by this article, by the owner, operator, manager, or other person having control of such place. (b) Alternate means of notification may be employed provided the effect thereof is equivalent to the notice given by signs described in subsection (a). (c) Every public place and place of employment where smoking or the use of electronic smoking devices is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking or the use of electronic smoking devices is prohibited. (d) Any person violating any of the provisions of this section shall be issued a notice of violation and shall comply with the provisions of this section within ten days. Thereafter, the violation shall carry a fine as provided in section 14-24(b) and/or 14- 24(c). Each violation cited shall constitute a separate offense. (1983 CC, c 14, art 4, sec 14-23; am 1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2; am 2015, ord 15-11, sec 4.)14-23 Section 14-24. Violations and penalties. (a) It is unlawful for any person to smoke in a place within the County where smoking is prohibited. (b) Any person violating any of the provisions of subsection 14-21(a) shall be fined not less than $25 and not more than $50. Any person violating subsection 14-21(b) shall be fined $100 for each separate offense. (c) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by: (1) A fine not exceeding $100 for a first violation; (2) A fine not exceeding $200 for a second violation within one year of the date of the first violation; and (3) A fine not exceeding $500 for each additional violation within one year of the date of the preceding violation. (1983 CC, c 14, art 4, sec 14-24; am 1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2; am 2007, ord 07-4, sec 3.)14-24 14-17 § 14-24.1 H AWAI‘I C OUNTY C ODE Section 14-24.1. Enforcement and administration. (a) Summons or citation. (1) There shall be provided for use by an officer or employee of the County duly authorized to issue a summons or citation, or any police officer a form of summons or citation for use in citing violators of this article which does not provide for the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court, shall be printed on a form commensurate with the form of other summons or citations used in modern methods of arrest, and so designed to include all necessary information to make the same valid within the laws and regulations of the State and the County. (2) In every case, when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe that the violator be given a carbon copy of the citation and provide for the disposition of the original and any other copies. (3) Every citation shall be numbered, and each carbon copy shall bear the same number as its original. (b) Enforcement and administration of the provisions of section 14-23 shall be under the jurisdiction of the department of public works of the County, which department shall have the power to formulate any applicable rules and regulations necessary to carry out the provisions of section 14-23. (c) Except as provided in section 14-24.1(b), enforcement of this ordinance shall be under the jurisdiction of the County police department. (d) In addition to the foregoing, any police officer or other officer or employee of the County duly authorized to issue a summons or citation may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been requested by the police officer or other duly authorized officer or employee to stop smoking. (1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2.)14-24.1 Section 14-24.2. Fire code. Nothing in this article shall be construed as superseding applicable fire code provisions. Where a conflict between the provisions of this article and the fire code arises, the fire code provision will prevail. (1987, ord 87-1, sec 2; am 2003, ord 03-112, sec 2.)14-24.2 14-18 G ENERAL W ELFARE §14-30 Article 5. Prohibition of Non-mineral Sunscreen. * * Editor’s Note: Article 5, formerly entitled “Fireworks,” was repealed by Ordinance 16-107. This ordinance moved a new fireworks code into chapter 26, article 2. Section 14-30. Definitions. As used in this article, unless the context requires otherwise: “Non-mineral sunscreen” means any sunscreen that uses an active ingredient other than titanium dioxide and zinc oxide. “Sunscreen,” “licensed healthcare provider,” and “prescription” mean the same as defined in section 342D-21, Hawai‘i Revised Statutes. “Titanium dioxide” means the chemical titanium (IV) oxide under the International Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry number 13463-67-7, and whose synonyms include TiO2, titania, rutile, anatase, brookite, akaogiite, titanium white, Pigment White 6 (PW6), Colour Index (CI) 77891, oxido de titanio (IV), and titandioxid, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen-protection personal-care product. “Zinc oxide” means the chemical oxozinc under the International Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry number 1314-13-2, and whose synonyms include ZnO, zinc white, calamine, Chinese White, flowers of zinc, and zinc oxide, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen-protection personal-care product. (2022, ord 22-81, sec 2.)14-30 Section 14-31. Prohibitions. It is unlawful to sell, offer for sale, or distribute for sale any non-mineral sunscreen without a prescription issued by a licensed healthcare provider. (2022, ord 22-81, sec 2.)14-31 Section 14-32. Exceptions. This article shall not apply to the sale, distribution, or offer of sale of sunscreens banned pursuant to chapter 342D, Hawai‘i Revised Statutes. (2022, ord 22-81, sec 2.)14-32 Section 14-33. Enforcement and administration. Enforcement and administration of the provisions of this article shall be under the jurisdiction of the department of environmental management of the County, which department shall have the power to formulate any administrative rules necessary to carry out the provisions of this article. (2022, ord 22-81, sec 2.)14-33 SUPP. 13 (1-2023) 14-19 § 14-34 H AWAI‘I C OUNTY C ODE Section 14-34. Violation and penalty. (a) Any person, corporation, public agency or other entity who violates this article shall be fined not more than $1,000 per incident. (b) Money from fines collected for violation of this article shall be deposited into the general fund and utilized by the department of parks and recreation for mineral sunscreen dispensers, educational materials, and related purposes. (c) In addition to the foregoing, any designee of the department of environmental management shall seize and dispose of any product in violation of this article. (2022, ord 22-81, sec 2.)14-34 Section 14-35. No conflict with State or Federal law. Nothing in this article may be interpreted or applied so as to create any requirement or duty in conflict with any State or Federal law. (2022, ord 22-81, sec 2.)14-35 Article 6. Property Offenses. Section 14-39. Duty of chief of police; cultivated grounds. It shall be the duty of the chief of police to protect lawns, gardens, grass plots, and other cultivated grounds belonging to the State and the County within the County, and all lawns, gardens, grass plots, and other cultivated grounds of a public nature within the County, and to place or cause to be placed on these places signs and notices warning persons to keep off these places; provided that this section shall not apply, during the period from February 1 through October 31 of each year, to the Hilo bayfront area, situated makai of the Hawai‘i Belt Road, from the intersection of Kamehameha Avenue and Hawai‘i Belt Road as delineated in the attached map.* (1983 CC, c 14, art 6, sec 14-39.)14-39 * Editor’s Note: No map is attached. Section 14-40. Trespass prohibited; penalty. (a) A person who trespasses or walks on or over a lawn, garden, grass plot or other cultivated ground, on which there is a sign or notice to keep off shall be guilty of a misdemeanor. Upon conviction, the person convicted shall be fined not less than $2.50 nor more than $25, in the discretion of the judge having jurisdiction of the case. (1983 CC, c 14, art 6, sec 14-40.)14-40 Section 14-40.1. Property damage prohibited; penalty. (a) It shall be unlawful for any person maliciously or wilfully to mar, injure, damage, destroy, or deface or aid in marring, injuring, damaging, destroying, or defacing any public building, sign, sidewalk, light pole, wall fixture, playground, structure, facility, or other property of the County without its consent. SUPP. 13 (1-2023) 14-19.1 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. The purpose of article 8 shall not in any way inhibit or prohibit the military from carrying out their duties and responsibilities. (1983 CC, c 14, art 8, sec 14-44; am 1984, ord 84-39, sec 1.)14-44 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. 13 (1-2023) 14-20 G ENERAL W ELFARE §14-46 Section 14-46. Transportation of radioactive material, unlawful. It shall be unlawful for any person to transport radioactive material within or through the County. (1983 CC, c 14, art 8, sec 14-46.)14-46 Section 14-47. Storage of radioactive material, unlawful. It shall be unlawful for any person to store radioactive material within the County. (1983 CC, c 14, art 8, sec 14-47.)14-47 Section 14-48. Nuclear energy facilities, prohibited. It shall be unlawful for any person to locate or build a nuclear energy facility which utilizes nuclear material for the production of energy within the County. (1983 CC, c 14, art 8, sec 14-48.)14-48 Section 14-49. Penalty. Any person violating any provision of this article shall be guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year, or both, for each violation. (1983 CC, c 14, art 8, sec 14-49.)14-49 Intentionally left blank. SUPP. 13 (1-2023) 14-21 § 14-50 H AWAI‘I C OUNTY C ODE Article 9. Outdoor Lighting. Section 14-50. Applicability and scope of article. (a) This article shall apply to the installation of all outdoor lighting fixtures within the County. (b) The provisions of this article, including provisions for the imposition upon any person of the penalties by fine for any violation of this article, shall not be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict with other County ordinances, the stricter ordinance shall apply. (1988, ord 88-122, sec 3.)14-50 Section 14-51. Definitions. (a) As used in this article, unless the context clearly indicates otherwise: (1) “Outdoor lighting fixture” means any outdoor artificial lighting device, fixture, lamp, or other similar device, permanently installed or portable, which is intended to provide illumination for either visibility or decorative effects. Such device shall include, but not be limited to, search, spot, and flood lighting used for: (A) Buildings and structures; (B) Recreational facilities; (C) Parking lots; (D) Landscape lighting; (E) Business and advertising signs; (F) Roadways; (G) Walkways. (2) “Class I lighting” means all outdoor lighting used for, but not limited to, outdoor sales and eating areas, assembly or repair areas, advertising or business signs, recreational facilities, and other similar applications in which color rendition is important. (3) “Class II lighting” means all outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots, outdoor security, and other similar applications in which general illumination of the grounds is the primary concern. (4) “Class III lighting” means any outdoor lighting used for decorative effects. It includes, but is not limited to, waterfall and pond lighting and architectural highlighting for buildings and landscapes. (5) “Building official” means the director of public works or the director’s designated representative. (6) “Individual” means any private individual, governmental entity, tenant, lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures, or corporations. SUPP. 1 (1-2017) 14-22 G ENERAL W ELFARE §14-51 (7) “Fully shielded” means that the outdoor lighting fixture is constructed so that all of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture. (8) “Partially shielded” means that the outdoor lighting fixture is constructed so that at least ninety percent of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture. (9) “Blue light content” means the ratio of the amount of energy emitted by the outdoor light fixture between 400 and 500 nm divided by the amount of energy between 400 and 700 nm. (10) “Traffic color compliant” means the 1931 CIE x y color coordinates of the outdoor light fixture is outside of any of the traffic signal color boxes as defined by ITE ST-052 500/AGS-PM/1105. (1988, ord 88-122, sec 3; am 2001, ord 01-108, sec 1; am 2011, ord 11-18, sec 1.)14-51 Section 14-52. General requirements. (a) Standard fixture. All class types of outdoor light fixtures shall follow the requirements set forth in Table 14-A. (b) Shielding. All outdoor lights shall be shielded pursuant to the requirements set forth in Table 14-A. (c) Hours of operation. All outdoor light fixtures shall be subject to the hours of operation as required by Table 14-A. (d) Mercury vapor lights prohibited. Mercury vapor lamps shall not be used for any new outdoor lighting installations or for the replacement of any existing installation. All existing mercury vapor outdoor lighting fixtures shall be removed by August 17, 1998. (e) Blue light content. The blue light content of the outdoor light fixture shall be pursuant to the requirements set forth in Table 14-A. (f) Traffic color compliant. The color of the outdoor light fixture shall be pursuant to the requirements set forth in Table 14-A. (1988, ord 88-122, sec 3; am 2011, ord 11-18, sec 2.)14-52 Section 14-53. Exemptions. (a) Existing light fixtures. All outdoor light fixtures planned and approved by the County or existing and legally installed prior to September 1, 1988, are exempt from the installation and shielding requirements of this article, except that when existing outdoor light fixtures become inoperable, the outdoor light fixtures which replace them shall comply with the requirements of this article. (b) Fossil fuel light. All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene and gasoline, shall be exempt from the requirements of this article. (c) Holiday decorative lighting. Low wattage fixtures used for holiday decorations shall be exempt from the requirements of this article. SUPP. 1 (1-2017) 14-23 § 14-53 H AWAI‘I C OUNTY C ODE (d) Residential incandescent illumination. Private residential incandescent light fixtures which are fully shielded or have a lumen output of less than eight thousand one hundred lumens for each acre of property that is intended to be illuminated shall be exempt from the requirements of this article. (e) Business signs. Outdoor advertising signs, if constructed of translucent material, and illuminated totally from within and colored with an opaque background using translucent letters or symbols, shall be exempt from the requirements of this article, except that the hours of operation shall be the same as those for Class I outdoor lighting. (f) Searchlights. Searchlights used for advertising purposes shall be exempt from the requirements of this article, except that the operation of such lights is limited to the hours of 6:00 p.m. to 10:00 p.m. (g) Emergency lighting. Emergency lighting required for public safety is exempt from the requirements of this article. (1988, ord 88-122, sec 3.)14-53 Section 14-54. Submission of plans. (a) All outdoor lighting fixtures shall be installed in conformance with the provisions of this article and those of the electrical code of the County as applicable and subject to the appropriate permit and inspection requirements thereof. The applicant for any permit required by the County for work involving nonexempt outdoor light fixtures shall submit to the building official proof that the proposed work will comply with the article requirements. The submission shall contain, but not be limited to, the following: (1) The location of the site where the outdoor light fixtures will be installed; (2) Plans indicating the type(s) of outdoor light fixtures to be used and their location on the premises; (3) A description of the outdoor light fixtures including, but not limited to, manufacturer’s catalog cuts and drawings. (b) The plans and descriptions required by subsection (a) sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this article will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices or fixtures proposed, the applicant shall be required to submit further proof of compliance. Furthermore, any design, material, or method of installation not specifically forbidden by this article may be used, provided any such alternate has first been approved by the building official. The building official may approve any such proposed alternate provided: (1) It is at least approximately equivalent to the applicable specific requirements of this article; and (2) It is otherwise satisfactory and complies with the intent of this article. (1988, ord 88-122, sec 3.)14-54 SUPP. 1 (1-2017) 14-24 G ENERAL W ELFARE §14-55 Section 14-55. Tables. Table 14-A Lamp TypeShielding RequirementOperation Restrictions Class I Low pressure sodiumFully shieldedNone Low pressure sodium Partially shieldedExisting fixtures only. New installations as of October 2010 prohibited Others above 4,050 lumens Fully shielded Off from 11:00 p.m. to sunrise* Others above 4,050 lumensFully shieldedOff from 11:00 p.m. to sunrise* LED fixtures with less thanFully shielded Off at 11:00 p.m. to 2% blue light content sunrise* Class II Low pressure sodium 90 watts or less NoneExisting fixtures only. New installations as of October 2010 prohibited greater than 90 watts Partially shieldedExisting fixtures only. New installations as of October 2010 prohibited Low pressure sodium Fully shielded None LED fixtures with less thanFully shielded None 2% blue light content and traffic color compliant Others above 4,050 lumens Prohibited Others below 4,050 lumensProhibited Class III Low pressure sodium Fully shielded None Others above 4,050 lumens Prohibited Others below 4,050 lumens Fully shielded Off from 11:00 p.m. to sunrise* Neon NoneOff from 11:00 pm to sunrise* *These lights may remain on after 11:00 p.m. if bona fide business or recreational activities are taking place. (1988, ord 88-122, sec 3; am 2011, ord 11-18, sec 3; am 2013, ord 13-60, sec 2.)14-55 SUPP. 1 (1-2017) 14-25 § 14-55.1 H AWAI‘I C OUNTY C ODE Section 14-55.1. Penalty. Any person violating any provision of this article shall, upon conviction, be punished by a fine not to exceed $500. Such person shall be deemed guilty of a separate offense for each and every day any violation of this article is committed. Furthermore, payment of such a fine shall not relieve the individual from the responsibility of correcting the violative condition, nor shall it preclude the County from instituting any action for its removal. (1988, ord 88-122, sec 3.)14-55.1 Article 10. Exceptional Trees. Section 14-56. Intent. In accordance with section 58-2, Hawai‘i Revised Statutes, to safeguard exceptional trees from destruction due to land development, the County desires to enact protective regulations to preserve exceptional trees within the County. (1984, ord 84-22, sec 1.)14-56 Section 14-57. Definitions. For purposes of this article, “exceptional trees” means a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality, or endemic status has been designated by the council as worthy of preservation. The term exceptional trees does not apply to trees planted for commercial forestry operations. Exceptional trees may be designated generally by biotaxy or individually by location or class. (1984, ord 84-22, sec 1.)14-57 Section 14-58. Arborist advisory committee. There shall be an arborist advisory committee consisting of six members who shall be appointed by the mayor. The committee shall include the following: the planning director, or the director’s designee; one member who shall be actively employed in the practice of landscape architecture; and four other members selected on the basis of active participation in programs of community beautification, or research or organization in the ecological sciences, including ethnobotany, or Hawaiiana. (1984, ord 84-22, sec 1; am 1992, ord 92-12, sec 1.)14-58 Section 14-59. Powers and duties. The arborist advisory committee shall have the following powers and duties: (a) To research, prepare and recommend to the council exceptional trees to be protected by County ordinance or regulation. (b) To advise property owners relative to the preservation and enhancement of exceptional trees. (c) To recommend to the council appropriate protective ordinance, regulations and procedures. (d) To review all actions deemed by the council to endanger exceptional trees. (1984, ord 84-22, sec 1.)14-59 SUPP. 1 (1-2017) 14-26 G ENERAL W ELFARE §14-60 Section 14-60. Procedures. (a) Any interested person may petition the arborist advisory committee to examine a tree for designation as an exceptional tree. Upon completion of the committee’s study which shall include notification of the owner or lessee of the property, and a duly held public hearing, the committee shall forward the proposed list of exceptional trees to the council. (b) The council shall review the proposed list of exceptional trees; it may affirm, modify, or disaffirm the proposed list of exceptional trees. The list shall be adopted by ordinance. (c) The arborist advisory committee shall prepare official maps designating the location of exceptional trees adopted by the council and shall file maps with the planning department, department of public works, building division, and office of the County clerk. (1984, ord 84-22, sec 1.)14-60 Section 14-61. Consultation with County arborist advisory committee. Prior to the issuance of any building or grading permit or granting of final subdivision approval, the planning department and department of public works, building division, may request advice from the arborist advisory committee concerning trees within any proposed development to assure that exceptional trees are retained and to prevent the unnecessary destruction of such trees during development or redevelopment of land within the County. The lack of designation as exceptional tree does not diminish the responsibility and authority of the planning department and department of public works, building division, to recommend trees to be incorporated into a development plan. (1984, ord 84-22, sec 1.)14-61 Section 14-62. Enforcing authority. The planning department shall be charged with the enforcement of this article and shall have the police power to take appropriate action to ensure compliance with the provisions of this article. The planning department may issue citations for the violation of this article. This article shall not be superseded by any permit issued by any County agency under this code. (1984, ord 84-22, sec 1.)14-62 Section 14-63. Violation and penalty. It shall be unlawful for any person, corporation, public agency or other entity to substantially damage, remove or destroy an exceptional tree in the County. Any person, corporation, public agency or other entity who violates this section shall be fined not more than $1,000 per tree or incident. (1984, ord 84-22, sec 1; am 2004, ord 04-69, sec 1.)14-63 Section 14-64. Injunctive relief. Proceedings for injunctive relief in circuit court or other court of competent jurisdiction may be had for threatened violations of the provisions of this article. (1984, ord 84-22, sec 1.)14-64 SUPP. 1 (1-2017) 14-27 § 14-65 H AWAI‘I C OUNTY C ODE Section 14-65. \[Former\] Repealed. (1984, ord 84-53, sec 1; am 1989, ord 89-102, sec 1; rep 1991, ord 91-140, sec 2.) 14-65 Section 14-65. Designated exceptional trees. The following trees are designated as “Exceptional Trees of the County of Hawai‘i.” Tax Map Key Tree Owner Ords and Location Bo or Peepul Tree 2-3-15:1 State of Hawai‘i 91-140 Ficus religiosa Old Riverside School Dept. of Education Brazilian Fern Tree 7-5-1:114 Gwendolyn C. Hobbs 06-135 Schizolobium parahyba Moeauoa 1, North Kona Chinese Weeping 2-2-28:08 State of Hawai‘i 99-27 Banyan Kilauea Avenue Coconut Trees2-2-4:02 State of Hawai‘i 91-140 Cocos nucifera Waiolama Canal, Hilo Divi-Divi 2-3-05:1 County of Hawai‘i91-140 Caesalpinia coriaria K False Kamani2-3-12:09 Haili Church 91-140 Terminalia catappa Haili Street Gardenia Remyi2-3-29-02 John & Dorothy Cross 00-121 Waianuenue Avenue Gold Tree2-2-27:01 State of Hawai‘i 91-140, Cybistax donnell-smithii Forestry Arboretum 00-121 Grove of Mangoes 1-3-08 County of Hawai‘i93-8, Mangifera indica Pohoiki Road06-26 Grove of Mangoes 1-4-3, 4, 5, & 28 County of Hawai‘i02-123 Government Beach Road Grove of Monkeypod 2-2-04:35 Kamehameha County of Hawai‘i99-27 TreesAvenue & Pauahi Street Grove of Monkeypod 2-2-04:56 Kamehameha County of Hawai‘i99-27 Trees Avenue & Pauahi Street Hame 4-4-14:01 State of Hawai‘i 91-140, Antidesma platyphyllum 00-121 Indian Banyan 2-3-05:1 County of Hawai‘i91-140 Ficus benghalensis Koa 4-4-14:01 State of Hawai‘i 91-140 Acacia koa 4-4-14:01 State of Hawai‘i 91-140, Psychotria hawaiiensis Park 00-121 SUPP. 1 (1-2017) 14-28 G ENERAL W ELFARE §14-65 Tax Map Key TreeOwnerOrds and Location 4-4-14:01 State of Hawai‘i 91-140, Psychotria hawaiiensis 00-121 Loulu Palm2-3-05:1County of Hawai‘i91-140 Pritchardia beccariana Loulu Palm8-9-6:04Farms of Kapua, Ltd.91-140 Pritchardia schattaueri SouthKona Monkeypod 2-1-03:27 Suisan Company91-140 Samanea saman Lihiwai Street Moreton Bay Fig 7-5-6:12 Burgess, Inc. 06-136 Ficus macrophylla Portion of Kailua Village, North Kona 1-5-1:56 Robert E. O’Neill 03-145 Ka‘ohe Homesteads, P 2-3-27:01 State of Hawai‘i 91-140, Metrosideros polymorpha Rainbow Falls Park, Hilo 00-121 4-4-14:01 State of Hawai‘i 91-140, Metrosideros polymorpha 00-121 4-4-14:01 State of Hawai‘i 91-140, Metrosideros polymorpha 00-121 4-4-14:01 State of Hawai‘i 91-140, Metrosideros polymorpha 00-121 4-4-14:01 State of Hawai‘i 91-140, Metrosideros polymorpha 00-121 4-4-14:01 State of Hawai‘i 91-140, Metrosideros polymorpha 00-121 Pili nut 8-1-9:01 George Schattauer91-140 Canarium sp.SouthKona Pua Kenikeni 3-6-09:31 County of Hawai‘i91-140 Fagraea berteriana Station Surinam Cherry2-3-14:07 Hilo United Methodist 91-140 Eugenia uniflora Church Terminalia Chebula 2-3-01:2 County of Hawai‘i02-123 Kamehameha Avenue Valencia Orange8-1-9:1 Margaret Schattauer 07-124 (Vancouver) Kaawaloa, Citrus sinensis South Kona (1991, ord 91-140, sec 2; am 1993, ord 93-8, sec 1; am 1999, ord 99-27, sec 1; am 2000, ord 00-121, sec 1; am 2002, ord 02-123, sec 1; am 2003, ord 03-145, sec 1; am 2005, ord 05-158, sec 1; am 2006, ord 06-26, sec 2; ord 06-135, sec 1; ord 06-136, sec 1; am 2007, ord 07-124, sec 1; ord 07-125, sec 1; ord 07-126, sec 1.) 14-65 SUPP. 1 (1-2017) 14-29 § 14-66 H AWAI‘I C OUNTY C ODE Article 11. Neighborhood Watch Signs. Section 14-66. Purpose. The purpose of this article is to establish a process to request, purchase, construct, and install neighborhood watch signs at approved locations. (1987, ord 87-118, sec 1; am 2015, ord 15-70, sec 1.)14-66 Section 14-67. Definitions. As used in this article: “Area coordinator” means a neighborhood watch member designated as the community’s liaison with the police department. “Chief of police” means the administrative head of the County police department. “County highway” means every highway, street, or roadway under the jurisdiction and control of the County of Hawai‘i. “Neighborhood watch” means a citizen crime prevention program under the County police department. “Neighborhood watch sign” means a sign constructed and installed at the direction of the police department and pursuant to the provisions of this article. “Police officer” means the community police officer for the appropriate community, or any police officer designated as such by the chief of police.” (1987, ord 87-118, sec 1; am 2001, ord 01-108, sec 4; am 2015, ord 15-70, sec 2.)14-67 Section 14-68. Powers and duties. Pursuant to the provisions of this article, the chief of police is authorized to: (1) Approve the size and design of all neighborhood watch signs; (2) Approve the construction and installation of neighborhood watch signs on County highways; allow signs to be purchased, constructed, and installed on private roadways open to the public; and remove signs or cause signs to be removed; (3) Work with the director of public works or the director’s duly authorized representative to facilitate the construction, installation, removal, or replacement of neighborhood watch signs on County highways; (4) Work with area coordinators or duly authorized representatives to facilitate the purchase and installation of neighborhood watch signs on private roads open to the public; and (5) Provide to a council member upon request, a listing of all active neighborhood watches by location. (1987, ord 87-118, sec 1; am 2001, ord 01-108, sec 1; am 2015, ord 15-70, sec 3.)14-68 SUPP. 1 (1-2017) 14-30 G ENERAL W ELFARE §14-69 Section 14-69. Application for approval. (a) Any area coordinator wishing to have a neighborhood watch sign placed in the person’s neighborhood shall submit an application to the chief of police. The area coordinator shall fill out the current application form provided by the police department. (b) No application for the construction and installation of signs shall be approved by the chief of police unless the neighborhood watch is determined by the chief of police to be in compliance with the policies of the police department. (1987, ord 87-118, sec 1; am 2015, ord 15-70, sec 4.) 14-69 Section 14-70. Rules. The chief of police is authorized to adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, as are necessary to implement, administer, and enforce the provisions of this article. (1987, ord 87-118, sec 1.) 14-70 Article 12. Official Bulletin Board. Section 14-71. Official bulletin board established; purpose. There shall be an official bulletin board of the Hawai‘i County building for the posting of council and committee agendas and public notices of meetings of the County of Hawai‘i. This bulletin board is established in compliance with the provisions of article XIII, Hawai‘i County Charter. (1994, ord 94-43, sec 1; am 2006, ord 06-140, sec 2; am 2009, ord 09-148, sec 2.) 14-71 Section 14-72. Official bulletin board location. The official bulletin board of the Hawai‘i County building at 25 Aupuni Street, Hilo, Hawai‘i shall be located within the exterior covered walkway of the Hawai‘i County building, immediately adjacent to its main entrance and shall be conspicuously displayed and identified by the words “public notices” appearing thereon. (1994, ord 94-43, sec 1; am 2006, ord 06-140, sec 2; am 2009, ord 09-148, sec 3.) 14-72 Section 14-73. Official bulletin board custodian. Each agency and department of the County of Hawai‘i shall be responsible for the posting and removal of their agendas and notices on the official bulletin board. (1994, ord 94-43, sec 1; am 2006, ord 06-140, sec 2.) 14-73 SUPP. 1 (1-2017) 14-31 § 14-74 H AWAI‘I C OUNTY C ODE Article 13. Soliciting for Money or Objects of Value. Section 14-74. Definitions. As used in this article, unless otherwise specified: “Aggressive manner” means: (1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into agreeing to the matter being solicited; (2) Following a person after the person has given a negative response to such soliciting; (3) Intentionally or knowingly touching or causing physical contact with another person without that person’s consent in the course of soliciting; (4) Intentionally or knowingly blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to stop or to take evasive action to avoid physical contact; (5) Using violent or threatening gestures toward a person solicited; “Intentionally” shall be as defined in section 702-206, Hawai‘i Revised Statutes. “Knowingly” shall be as defined in section 702-206, Hawai‘i Revised Statutes. “Public place” means a place to which the public or a substantial group of persons has access including, but not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, or playground. “Soliciting” means to ask, request, plea for, or urge support from another. Soliciting includes, but is not limited to, requests for money or objects of value, signing of petitions, participation in surveys, support for political candidates or other election related matters, and support for religious or other moral beliefs. Soliciting does not include passively standing or sitting, nor does it include performing music, singing, or conducting other street performances. (1999, ord 99-1, sec 1; am 1999, ord 99-153, sec 4; am 2008, ord 08-21, sec 1; am 2015, ord 15-51, sec 2.)14-74 Section 14-75. Prohibited acts. No person shall solicit in an aggressive manner in any public place. (1999, ord 99-1, sec 1; am 1999, ord 99-153, sec 4; am 2008, ord 08-21, sec 1; am 2015, ord 15-51, sec 3.)14-75 Section 14-76. Enforcement. It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce the provisions of this article. (1999, ord 99-1, sec 1; am 1999, ord 99-153, sec 4.)14-76 SUPP. 1 (1-2017) 14-32 G ENERAL W ELFARE §14-77 Section 14-77. Form of summons or citations. There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators. (1999, ord 99-1, sec 1; am 1999, ord 99-153, sec 4.)14-77 Section 14-78. Penalties. Any violation of this article shall constitute a petty misdemeanor punishable by imprisonment for not more than thirty days or by a fine not to exceed $100, or by both. (1999, ord 99-1, sec 1; am 1999, ord 99-153, sec 4.)14-78 Article 14. Street Addressing And Naming. Division 1. General Provisions. Section 14-79. Purpose and applicability. (a) The establishment of a uniform and systematic procedure for the assignment of addresses is vital for the health, safety and welfare of the community to provide an effective means of emergency location through the E911 system; expedite postal, utility service, and commercial delivery services; and reduce confusion for people trying to find a residence or business. (b) An address shall be assigned to all buildings, as defined in this article, and units within buildings which will be occupied for work or residence uses. (c) All streets shall be named, whether public or private, in accordance with this article. (d) No application for a building permit or subdivision shall be approved that does not conform to the requirements in this article. (2004, ord 04-82, sec 2.)14-79 Section 14-80. Definitions. (a) “Address” shall mean that combination of street name, building number, and when necessary, a unit number that is assigned to a parcel, building, or unit within a building, and is unique to it, to indicate its location. (b) “Building” shall mean any structure that is designed for human occupation for working or living purposes. Structures which provide accessory uses to a business or residence, such as accessory storage, animal shelters, barns, housing of mechanical or scientific equipment, power generation, greenhouses, or other accessory uses located on the same parcel of land are not required to have an address. (c) “Director” means the planning director or designated representative. SUPP. 1 (1-2017) 14-33 § 14-80 H AWAI‘I C OUNTY C ODE (d) “Private street” shall mean any street which is not under the control or ownership of any governmental agency. (e) “Street” means a vehicular way providing access to three or more lots or units, or with the potential to serve three or more lots or units; a vehicular way that is not a street shall be considered a driveway. The address for a building along a driveway shall use the name of the street which the driveway intersects. (2004, ord 04-82, sec 2.)14-80 Section 14-81. Administration. (a) The director shall assign street names and building numbers within the County of Hawai‘i pursuant to this article. (b) The director shall maintain official maps and databases of street names and addresses in a system that enables efficient searches or listing by property owner, address, and tax map key. (c) The director may grant reasonable exceptions to the requirements in this article upon consultation as appropriate with the director of public works, fire chief, and/or police chief to accommodate existing conditions or unusual street or land use patterns. (d) The director may adopt rules to implement this article. (2004, ord 04-82, sec 2.)14-81 Division 2. Address Numbers. Section 14-82. Procedures for assigning and changing addresses. (a) Assignment of new address. The director is authorized to assign an appropriate number to each building upon application for a building permit or upon request by the property owner, lessee, tenant, renter or government agency. If circumstances indicate a reasonable need for consultation and consent by the property owner to any new or change of address application by a nonowner, the director may require such consultation and consent before issuing a new or change of address. (1) For existing buildings without an address, the following information shall be provided to the director when applying for an address: (A) Tax map key number of the property. (B) Name of the property owner, and name of the applicant (if not the owner). (C) Plot plan of the parcel showing all driveways and buildings. (D) The director may request additional information as needed to determine the assignment of the correct number. (2) Prior to the assignment of an address, the street that is to be part of the address shall have an official name. If the street does not have an official name, the applicant shall work with the planning department to name the street in accordance with the procedures and requirements set forth in Street Names, division 3 of the article. SUPP. 1 (1-2017) 14-34 G ENERAL W ELFARE §14-82 (3) Provided the street has an official name, within fourteen calendar days of the filing of the application with the director, the director shall assign a building number and notify the applicant in writing of the assigned building number and any special requirements as to posting location, number size or other requirements. (4) For new buildings, the director will assign building numbers as part of the building permit process. If the location of the driveway to the property should change after the issuance of the building permit, the applicant or the applicant’s builder must notify the planning department prior to occupancy to determine whether a change in the building number is necessary. (b) Changing an address. (1) The director may change an address when it is out of sequence, does not conform to the numbering standards established in this article, is confusing, or might delay emergency response. If an address is changed, the director must notify the owner in writing at least thirty days before the effective date. (2) A property owner may apply for an address change for personal reasons by submitting an application for number change and paying a fee of $50. The director may deny the application if the proposed address does not meet the requirements of this article. (2004, ord 04-82, sec 2.)14-82 Section 14-83. Address numbering standards. (a) Numbering convention. Building numbers shall consist of whole numbers (no fractions) and shall be assigned based on an equal interval system. Under this system, the address is derived by measuring the distance along a street and dividing that distance by some equal interval to determine the address for a building. The number assigned shall be the numbered interval closest to the driveway or front entrance. The interval unit shall be small enough to provide an address to each potential building permitted in the zoning district. The director shall determine the appropriate interval unit for urban and rural areas. (b) Point of origin; odd and even numbering. For numbers assigned after August 14, 2004, numbers shall increase from the point of origin with even numbers on the right-hand side. In determining the point of origin, the director may consider any of the following: the existing pattern of surrounding streets; numbering pattern relative to mauka/makai directions; entrance to a cul-de-sac; and/or numbering pattern relative to east/west or north/south direction of the street. (c) Prefixes and suffixes. On parcels with multiple buildings, or in situations approved by the director, the assigned number may be followed by an alphabet letter to distinguish each building or units within a building. The director may add a prefix to any number, such as the tax map key zone. SUPP. 1 (1-2017) 14-35 § 14-83 H AWAI‘I C OUNTY C ODE (d) Corner lots. The address for corner lots shall be the street where the main driveway intersects or where the main entry faces. If there is no driveway or the structure does not directly face either street, the number should be determined based on the predominate street frontage. (2004, ord 04-82, sec 2.)14-83 Section 14-84. Display of address numbers. (a) Display requirement. (1) Each property owner shall post building numbers in accordance with the provisions of this article. (2) During construction of new buildings, assigned address numbers shall be posted temporarily at the driveway location to facilitate inspections and assist emergency responders prior to occupancy. (3) Upon written notice from the director that a posted number is erroneous or changed, the property owner shall remove or erase any wrong building number and shall post the correct building numbers in compliance with this article. (4) All buildings required to be numbered shall be numbered at the expense of the owner. (5) The property owner shall be responsible to maintain all posted numbers such that they are visible and readable at all times. (b) Display standards. (1) Single-family residences. (A) For parcels with single mailboxes, numbers shall be posted on the mailbox to be visible from either direction. Where the entrance of a residence is more than fifty feet from the street travelway edge or when the residence is not clearly visible from the street, a second set of numbers shall be placed on, above, or at the side of the main entrance to the building. (B) In areas without mailboxes, or when multiple mailboxes are located in one location, numbers shall be placed on a post, fence, wall, or some structure within the property line near the intersection of the driveway and the street so that the number is distinguishable and legible from the street. Where the main entrance of the building is clearly visible and within fifty feet of the street travelway edge, the address may instead be conspicuously placed on, above, or at the side of the main entrance so that the number is distinguishable and legible from the street. Where the entrance of a residence is more than fifty feet from the street travelway edge or when the residence is not clearly visible from the street, a second set of numbers shall be placed on, above, or at the side of the main entrance to the building. SUPP. 1 (1-2017) 14-36 G ENERAL W ELFARE §14-84 (C) When owners share a common driveway, a sign not exceeding two square feet in area and showing the range of addresses shall be attached to a permanent structure or post with the top of the sign not exceeding six feet in height, and located within the property line near the intersection of the driveway and the street. Each building along the driveway shall be numbered in accordance with this article. (D) Address numbers for residences shall be Arabic numerals not less than three inches in height and shall be made of a durable and clearly visible material or paint (preferably reflective) in a color distinguishable from its background. (2) Duplexes, apartments, townhouses, shopping centers. (A) Duplexes, apartments, townhouses, shopping centers, or other similar groupings where only one number is assigned shall display such number at the main driveway from the street. (B) Numbers for individual units or establishments within the complex shall be displayed on, above, or to the side of the main doorway of each unit or establishment. (C) Address numbers, including unit numbers, shall be Arabic numerals not less than three inches in height and shall be made of a durable and clearly visible material or paint (preferably reflective) in a color distinguishable from its background. (3) Commercial and industrial buildings. (A) For buildings within fifty feet of the street, the number may be displayed over the main entrance to the structure or at the driveway entrance upon a wall, ground, or marquee sign. For buildings located more than fifty feet from the street, the number shall be displayed at the driveway entrance. If there are more than one building on the property, the address shall also be displayed over the main entrance to each building. (B) Address numbers for commercial and industrial buildings shall be Arabic numerals not less than four inches in height and shall be made of a durable and clearly visible material or paint (preferably reflective) in a color distinguishable from its background. (C) To avoid confusion, there shall be no other wording or numbers within two feet of the address number. (4) Directories. For multiple-address developments, the director may require a directory board with a map to be posted at the driveway entrance and/or main entrance walkway. Directories must clearly show the location of all addresses that can be reached via that driveway or walkway. Directories must be easily seen from the street or sidewalk, as appropriate, but placed so that a vehicle or pedestrian pausing to read them can be out of the street and not block the sidewalk or driveway. Additional interior directories may be required where necessary to locate an address. SUPP. 1 (1-2017) 14-37 § 14-84 H AWAI‘I C OUNTY C ODE (c) The director shall have final approval authority over any aspect of building numbering reasonably related to the legibility, durability and location of the building numbering, and the building owner shall comply with all lawful orders of the director regarding such matters. (2004, ord 04-82, sec 2.)14-84 Division 3. Street Names. Section 14-85. Procedures for naming and renaming streets. (a) New streets. Streets to be created by land division, whether public or private, serving or with the potential to serve three or more lots or units shall be named by the subdivider and approved by the director during the review and approval of the subdivision. (b) Naming or renaming existing streets. The County council, director, street owner, or property owner along the street may initiate the naming or renaming of an existing street. When naming or renaming is initiated by the street owner or property owner, the petition must be signed by owners representing at least two- thirds of the parcels, dwelling units or businesses located along the affected street or portion of the street. When initiated by the County council, the council may direct the director by resolution. The director will name or rename a street in accordance with the criteria set forth in this article. (c) Notification. After a street is named, the director must notify all appropriate public agencies and the property owners along the affected street. (2004, ord 04-82, sec 2.)14-85 Section 14-86. Street name criteria. Street names shall meet the following criteria: (a) No duplication. To eliminate potential confusion, duplication of street names within the same judicial district or zip code zone shall not be permitted. Streets with the same name but different street type designations shall be considered duplicate street names. Exception: This provision shall not apply to any street named “Maile” in the Leilani Estates subdivision in Puna. (b) Continuity. Streets continuing through an intersection or are segments of a planned alignment shall keep the same name. (c) Directionals. The director may add directional indicators, such as north and west, to street name proposals as deemed appropriate. (d) Other Criteria. The director may specify other street naming criteria in rules. (2004, ord 04-82, sec 2; am 2016, ord 16-114, sec 2.)14-86 SUPP. 1 (1-2017) 14-38 G ENERAL W ELFARE §14-87 Section 14-87. Street name signs. (a) Requirement. Every intersection must have signs naming all the intersecting streets. (b) Standards. The design and installation of street name signs, whether public or private street, must meet the minimum standards of the department of public works. (c) Responsibility. For new streets created by land division, the subdivider shall be responsible to provide and install the street name signs prior to final subdivision approval. For existing public streets, the State or County as appropriate shall install and maintain the street name signs. For private streets, the street owner is responsible to install and maintain the street name signs. At the request of the majority of the owners of a private street, and upon receipt of a fee sufficient to cover the cost of materials and labor as determined by the County, the County may fabricate, erect, and thereafter maintain the street name signs. (2004, ord 04-82, sec 2.)Error! Reference source not found. Division 4. Violations. Section 14-88. Enforcement of numbering or street name requirements. (a) Notice and order. Whenever there is reason to believe there has been a violation of the requirements of this article, the director shall give notice to the owner to comply and order corrective action within thirty days from the date of notification. Such notice and order shall be sent via certified mail, with return receipt requested, to the owner. The date shown on the return receipt shall be the date from which the thirty-day period shall commence for compliance. (b) Appeal. Any person adversely affected by any order issued under this section, may within thirty days after the service of the order, appeal the order to the board of appeals as provided by section 6-9.2, County Charter. An appeal to the board of appeals shall stay the provisions of the director’s order pending the final decision of the board of appeals. (c) Penalty. If the owner fails to comply within the thirty-day period, the owner will be subject to a fine of $25, and a further penalty of a like sum for every thirty days thereafter that such person shall neglect or refuse to correct the violation. The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, and provided that administrative appeals have been exhausted or the time for filing such appeals has elapsed without appeal, the director need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid. (2004, ord 04-82, sec 2; am 2011, ord 11-103, sec 6.)14-88 SUPP. 1 (1-2017) 14-39 § 14-89 H AWAI‘I C OUNTY C ODE Section 14-89. Enforcement of street name sign or address tampering or defacement. (a) Violation. Except for repair, replacement, or relocation within twenty-four hours, no person may alter, deface, or remove any address number or street sign. (b) Criminal prosecution. (1) Any person violating or causing or permitting the violation in the preceding paragraph, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: (A) For a first offense, by a fine not exceeding $500. (B) For a subsequent conviction which occurs within five years of any prior conviction for violation of this chapter, by a fine of not less than $500 but not exceeding $1,000. (2) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (3) The imposition of a fine under this section shall be controlled by the provisions of the Hawai‘i Penal Code relating to fines, sections 706-641 through 706-645, Hawai‘i Revised Statutes. (2004, ord 04-82, sec 2.)14-89 Article 15. Genetically Engineered (Transgenic) Taro (Kalo) and Coffee. Section 14-90. Purpose. The purpose of this article is to protect the taro (kalo) and coffee industry from genetic engineering and preserve agriculturally-based practices and cultural traditions associated with taro (kalo) and coffee within the County of Hawai‘i. (2008, ord 08-154, sec 1.) 14-90 Section 14-91. Definitions. As used in this article, unless the context clearly requires otherwise: “Genetic engineering” means a process or technology employed whereby the hereditary apparatus of a living cell is altered, modified, or changed so that the cell can produce more or different chemicals or perform completely new functions. “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity, acting either for himself or for any other person, under personal appointment or pursuant to law. “Recombinant DNA” means the transfer of genes, regulatory sequences, or nucleic acid between hosts by the use of vectors or laboratory manipulations and includes the insertion, excision, duplication, inactivation, or relocation of specific genes, regulatory sequences, or sections of nucleic acid. This term does not apply to a material or an organism developed exclusively through traditional methods of breeding, hybridization, or nondirected mutagenesis. SUPP. 1 (1-2017) 14-40 G ENERAL W ELFARE §14-91 “Release” means a discharge, emission or liberation of any genetically engineered organisms, or the product of a genetically engineered organism, into the open environment. (2008, ord 08-154, sec 1.) 14-91 Section 14-92. Genetically engineered (transgenic) taro (kalo), unlawful. It shall be unlawful for any person to test, propagate, cultivate, raise, plant, grow, introduce or release genetically engineered (transgenic) or recombinant DNA taro (kalo). (2008, ord 08-154, sec 1.) 14-92 Section 14-93. Genetically engineered (transgenic) coffee, unlawful. It shall be unlawful to test, propagate, cultivate, raise, plant, grow, introduce or release genetically engineered (transgenic) or recombinant DNA coffee. (2008, ord 08-154, sec 1.) 14-93 Section 14-94. Penalty. Any person violating any provision of this article shall be guilty of a violation, and upon conviction thereof, shall be sentenced by a fine not exceeding $1,000. (2008, ord 08-154, sec 1.) 14-94 Section 14-95. Injunctive relief. Proceedings for injunctive relief in a court of competent jurisdiction may be heard for potential violations of this article. (2008, ord 08-154, sec 1.) 14-95 Article 16. Lowest Law Enforcement Priority of Cannabis Ordinance.* * Editor’s Note: Article 16 was invalidated by Ruggles v. Yagong, 353 P.3d 953 (Haw. 2015), cert. denied, 577 U.S. --- (2015). Section 14-96. Purpose. The purpose of this article is to: (1) Provide law enforcement more time and resources to focus on serious crimes; (2) Allow our court systems to run more efficiently; (3) Create space in our prisons to hold serious criminals; (4) Save taxpayers money and provide more funding for necessities such as education and health care; and (5) Reduce the fear of prosecution and the stigma of criminality from non-violent citizens who harmlessly cultivate and/or use cannabis for personal, medicinal, religious, and recreational purposes. (2008, ord 08-181, sec 2.) 14-96 SUPP. 1 (1-2017) 14-41 § 14-97 H AWAI‘I C OUNTY C ODE Section 14-97. Findings. (a) The Institute of Medicine has found that cannabis (marijuana) has medicinal value and is not a gateway drug. (b) According to the U.S. Centers for Disease Control, the use of cannabis (marijuana) directly results in zero deaths per year. (c) According to the National Institute of Drug Abuse (NIDA), the marijuana eradication program has not stopped cannabis cultivation in the county, rather the program has only decreased the availability of the plant, which increases its “street” value, resulting in more crime. (d) The National Institute of Drug Abuse (NIDA) also reported that a large increase of the use of methamphetamine, crack cocaine, and other hard drugs was related to the marijuana eradication program’s implementation. (e) According to public record, the ‘mandatory program review’ for the marijuana eradication program, required by section 3-16 of the County Charter to be performed at least once every four years, has never been performed in the thirty years that the program has existed. (f) Law abiding adults are being arrested and imprisoned for nonviolent cannabis offenses, clogging our court dockets, overcrowding our prisons, tying up valuable law enforcement resources and costing taxpayers hundreds of thousands of dollars in Hawai‘i County alone each year. (g) The citizens of the Cities of Hailey, Idaho; Denver, Colorado; Seattle, Washington; Columbia, Missouri; Eureka Springs, Arkansas and Santa Barbara, Oakland, Santa Monica and Santa Cruz, in California, and the citizens of Missoula County, Montana, all voted for cannabis (marijuana) to be placed as law enforcement’s lowest priority within the past five years. (2008, ord 08-181, sec 3.) 14-97 Section 14-98. Definitions. “Adult” means any individual who is twenty one years of age or older. “Adult personal use” means the use of cannabis on private property by adults. It does not include: (1) Distribution or sale of cannabis; (2) Distribution, sale, cultivation, or use of cannabis on public property; (3) Driving under the influence; or (4) The commercial trafficking of cannabis, or the possession of amounts of cannabis in excess of the amounts defined as being appropriate for adult personal use. “Marijuana”, (as defined in the Hawai‘i Revised Statutes of Chapter 712-1240) means cannabis. “Cannabis” means all parts of the cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of the cannabis plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. SUPP. 1 (1-2017) 14-42 G ENERAL W ELFARE §14-98 “Lowest Law Enforcement Priority” means a priority such that all law enforcement activities related to all offenses other than the possession or cultivation of cannabis for adult personal use shall be a higher priority than all law enforcement activities related to the adult personal use of cannabis. The Lowest Law Enforcement Priority regarding possession or cultivation of cannabis shall apply to any single case involving twenty four or fewer cannabis plants at any stage of maturity or the equivalent in dried cannabis, where the cannabis was intended for adult personal use. The “dried equivalent” of twenty four or fewer cannabis plants shall be presumed to be twenty four or fewer ounces of usable cannabis, excluding stems and other non active parts. A greater amount may also fall under the Lowest Law Enforcement Priority provisions described herein if such amount is shown by competent evidence to be no more than the dried equivalent of twenty four plants. (2008, ord 08-181, sec 4.) 14-98 Section 14-99. Lowest law enforcement priority policy relating to the adult personal use of cannabis. (a) The cultivation, possession and use for adult personal use of cannabis shall be the Lowest Law Enforcement Priority for law enforcement agencies in the county. (b) The council, the police commissioner, the chief of police and all associated law enforcement staff, deputies, officers and any attorney prosecuting on behalf of the county shall make law enforcement activity relating to cannabis offenses, where the cannabis was intended for adult personal use, their Lowest Law Enforcement Priority. Law enforcement activities relating to cannabis offenses include but are not limited to the prosecution of cannabis offenses involving only the adult personal use of cannabis. (c) Neither the chief of police, the police commissioner, nor any attorney prosecuting on behalf of the county, nor any associated law enforcement staff, deputies, nor officers shall seek, accept or renew any formal or informal deputization or commissioning by a federal law enforcement agency for the purpose of investigating, citing, or arresting adults, nor for searching or seizing property from adults for cannabis offenses subject to the Lowest Law Enforcement Priority of cannabis where such activities would be in violation of that policy, nor shall such authorities exercise such powers that may be ancillary to deputization or commissioning for another purpose. (d) The council shall not authorize the acceptance or the issuing of any funding that is intended be used to investigate, cite, arrest, prosecute, search or seize property from adults for cannabis offenses in a manner inconsistent with the county’s Lowest Law Enforcement Priority policy. (2008, ord 08-181, sec 5.) 14-99 SUPP. 1 (1-2017) 14-43 § 14-100 H AWAI‘I C OUNTY C ODE Section 14-100. County prosecuting attorneys. To the full extent allowed by the Constitution of the State of Hawai‘i, the people, through their county government, request that neither the county prosecuting attorney nor any attorney prosecuting on behalf of the county shall prosecute any violations of the sections of chapter 712-1240 of the Hawai‘i Revised Statutes regarding possession or cultivation of cannabis in a manner inconsistent with the Lowest Law Enforcement Priority, as described in section 14-98 and 14-99 of this article; in cases where the amount possessed or grown is less than twenty four plants or the dried equivalent, possession for adult personal use shall be presumed. (2008, ord 08-181, sec 6.) 14-100 Section 14-101. Expenditure of funds for cannabis enforcement. (a) Neither the council, nor the police commissioner, nor the chief of police, nor any attorneys prosecuting on behalf of the county, nor any associated law enforcement staff, deputies, or officers shall spend or authorize the expenditure of any public funds for the investigation, arrest, or prosecution of any person, nor for the search or seizure of any property in a manner inconsistent with the Lowest Law Enforcement Priority as defined in section 14-98 and 14-99 of this article. (b) The council shall not support the acceptance of any funds for the marijuana eradication program. (2008, ord 08-181, sec 7.) 14-101 Section 14-102. Community oversight. The council shall ensure the timely implementation of this chapter by working with the chief of police and/or the police commissioner to: (1) Provide for procedures to receive grievances from individuals who believe that they were subjected to law enforcement activity contrary to the Lowest Law Enforcement Priority of cannabis, which is described in section 14-98 and 14- 99 of this article; and (2) Publish a report semi-annually on the implementation of this chapter every first day of June and every first day of December, from this day forward, with the first report being issued June 1, 2009. These reports shall include but not be limited to: the number of all arrests, citations, property seizures, and prosecutions for all cannabis offenses in the county, the number of complaints regarding marijuana eradication over-flights; the breakdown of all cannabis arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony, the estimated time and money spent by the county on law enforcement and punishment for adult cannabis offenses, and any instances of officers or deputies assisting in state or federal enforcement of adult cannabis offenses. These reports shall be published with the cooperation of the county prosecuting attorney, the chief of police, and all associated law enforcement staff in providing needed data. (2008, ord 08-181, sec 8.) 14-102 SUPP. 1 (1-2017) 14-44 G ENERAL W ELFARE § 14-103 Section 14-103. Notification of local, state, and federal officials. (a) After the enactment of this article, the county clerk shall send letters on an annual st basis (every June 1 of each year) to the mayor of the county, the county of Hawai‘i voters’ Congressional Delegation, Hawai‘i’s U.S. senators, the county of Hawai‘i voters’ representatives in the Hawai‘i State Legislature, the Governor of Hawai‘i, and the President of the United States. This letter shall state; “The citizens of the County of Hawai‘i have passed an initiative to make Cannabis offenses the Lowest Law Enforcement Priority, where the Cannabis is intended for adult personal use, and request that the federal and state branches of government remove criminal penalties for the cultivation, possession and use of Cannabis for adult personal use; the citizens also request that Cannabis policies here within the county of Hawai‘i be dealt with from our local law enforcement only.” The letters may also state, be it the will of the county council; that according to the three year study performed by the National Institute on Drug Abuse, more people used methamphetamine as a result of the marijuana eradication program; they may also express that methamphetamine is a growing problem in our community and more help would be appreciated in that area, and that the first action that would help in that area would be to end the marijuana eradication program. (b) This duty shall be carried out until state and federal laws are changed accordingly. (2008, ord 08-181, sec 9.) 14-103 Section 14-104. Statutory and constitutional interpretation. All provisions in this article shall only be implemented to the full extent that the Constitution of the State of Hawai‘i and the Hawai‘i Revised Statutes allows, and in the event, and only in the event, that a court of competent jurisdiction determines that any provision in any section of this article may not be directed by voter initiative or by action of the council, then that specific mandatory provision only shall be deemed advisory and expression of the will of the people that the provision shall be implemented into law by whichever government branch or official who has the power to implement it, and that the council shall take all actions within their power to work with those branches of government to express the will of the people and encourage, support, and request the implementation of those provisions. (2008, ord 08-181, sec 10.) 14-104 Section 14-105. Severability. In the event, and only in the event, that a court of competent jurisdiction should find one or more of the sections, or parts of the sections of this article illegal, or any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the article and the application of such provisions to other persons or circumstances shall not be affected thereby. (2008, ord 08-181, sec 11.) 14-105 SUPP. 1 (1-2017) 14-45 § 14-106 H AWAI‘I C OUNTY C ODE Article 17. Regulation of Axis Deer. Section 14-106. Transporting live axis deer into the County; unlawful. It is a violation of this article for any person to transport live axis deer into the County. (2011, ord 11-116, sec 2.)14-106 Section 14-107. Transporting live axis deer within the County; unlawful. It is a violation of this article for any person to transport live axis deer within the County. (2011, ord 11-116, sec 2.)14-107 Section 14-108. Harboring axis deer; unlawful. It is violation of this article for a person to give shelter or refuge to axis deer on private property. (2011, ord 11-116, sec 2.)14-108 Section 14-109. Exemptions. The Pana‘ewa Rainforest Zoo is exempt from this article. (2011, ord 11-116, sec 2.)14-109 Section 14-110. Penalty. Any person who violates this article shall, upon conviction thereof, be guilty of a misdemeanor, and be sentenced to a fine of up to $2,000, or imprisonment for a period of up to one year, or both. (2011, ord 11-116, sec 2.)14-110 Article 18. Animal Eradication.* * Editor’s Note: Application of article 18 preempted with respect to requirements of 1998 Stipulated Order, providing that State will commence aerial shooting of ungulates sighted in critical habitat area for Palila. Palila v. Haw. Dep't of Land & Natural Res., No. 78-00030 JMS (D. Haw. April 8, 2013) (Order Granting Defs. Mot. for Declaratory and Injunctive Relief). Section 14-111. Findings and purpose. (a) The County of Hawai‘i is charged with the ultimate responsibility to protect, preserve, and enhance the health, safety, and welfare of the people of Hawai‘i Island. With regard to the bond between the people and the land, the County of Hawai‘i hereby finds: (1) Animal eradication by aerial shooting is in conflict with the cultural and traditional values of the people of Hawai‘i County; (2) Aerial hunting eradication creates unnecessary risk to human life, while also disturbing endangered flora and fauna; and (3) Animal population control measures can be performed in a manner that is harmonious with the culture, values, and principles of the people. (b) The purpose of this article is to declare: (1) Animal eradication by aerial shooting on Hawai‘i Island shall no longer be practiced; SUPP. 3 (1-2018) 14-46 G ENERAL W ELFARE § 14-111 (2) The State of Hawai‘i should conform and comply with the provisions of this article; (3) Other methods of animal population control must be used. Any such method to be enacted will take in to account the will of the people, which requires effective communication and a concerted effort to remain linked to the people that take responsibility for the land and its resources; and (4) The State of Hawai‘i should increase public access to the areas of Hawai‘i Island that will allow hunters and gatherers the opportunity to provide subsistence to the families of Hawai‘i Island. Valuable food resources should be consumed rather than wasted. (2012, ord 12-109, sec 2.)14-111 Section 14-112. Aerial eradication of animals; unlawful. It is a violation of this article for any person to engage in the eradication of any animal for any reason while being transported by helicopter, airplane, or any other similar means. (2012, ord 12-109, sec 2.)14-112 Article 19. Geothermal Drilling. Section 14-113. Definitions. For the purposes of this article, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: “Residence” means a building or a part thereof permitted and designed for or used for a home. “One mile” means the measurement made from the well bore, in a straight line, without regard to intervening structures or objects, to the property line of the nearest residence. (2012, ord 12-151, sec 1.)14-113 Section 14-114. Restrictions. Geothermal resources exploration drilling and geothermal production drilling operations being conducted one mile or less from a residence, shall be restricted to the operating hours of 7:00 a.m. – 7:00 p.m. (2012, ord 12-151, sec 1.)14-114 SUPP. 13 (1-2023) 14-47 § 14-115 H AWAI‘I C OUNTY C ODE Article 20. Licenses to Carry Concealed and Unconcealed Firearms. * * Editor’s Note: Article 20, formerly entitled “Plastic Bag Reduction,” was repealed by Ordinance 20-86, section 9. Provisions relating to plastic bag reduction can now be found in chapter 20, article 6. Section 14-115. Definitions. As used in this article, unless the context clearly requires otherwise: “Chief of police” means the chief of police of the County or the chief’s authorized subordinate. “Law enforcement officer” means any police officer, public safety officer, parole or probation officer, or any other officer of any county, state, federal, or military agency authorized to exercise law enforcement or police powers. “Private security officer” means any person employed and duly licensed to engage in the private detective or guard business pursuant to chapter 463, Hawai‘i Revised Statutes. “Under the influence” means the presence of any amount of alcohol, intoxicating or hallucinatory drug, or substance in the blood or breath. (2022, ord 22-130, sec 2)14-115 Section 14-116. Supremacy clause. Any federal or state statute that conflicts with this article shall prevail. (2022, ord 22-130, sec 2.)14-116 Section 14-117. Licenses to carry concealed and unconcealed firearms. A person granted a license to carry a concealed or unconcealed firearm shall have the license card in their possession when carrying the firearm in public, concealed or unconcealed. (2022, ord 22-130, sec 2.)14-117 Section 14-118. Sensitive places prohibition; exceptions. (a) Any person granted a license to carry a concealed or unconcealed firearm shall not carry such licensed firearm in the following sensitive places: (1) Hospitals, medical facilities, medical offices, and/or medical clinics, except where permission is granted to such person by the administrator of the facility; (2) Schools, colleges, universities, and/or places where persons are assembled for educational purposes, except where permission is granted to such person by the institution; (3) Daycare centers, playgrounds, and parks, except where permission is granted to such person by the administrator of the facility; (4) Churches or religious assemblies, except where permission is granted by the administrator of the church, facility, or congregation; (5) Voter service centers or places of deposit, and any appurtenances thereto, as defined by section 11-1, Hawai‘i Revised Statutes; SUPP. 13 (1-2023) 14-48 G ENERAL W ELFARE § 14-118 (6) Government buildings and the accompanying parking lots attached to such buildings, except when the licensed firearm is kept in the vehicle unloaded with an affixed trigger lock or in a locked case; (7) Private property open to the public where it is conspicuously posted that public carry of firearms is not allowed; (8) Public transit facilities and any mode of transportation utilized for public transit; (9) Bars, restaurants, and establishments that serve alcohol for consumption on its premises; and (10) Places where people are assembled for an event, social gathering, rally, demonstration, or public exhibition where it is conspicuously posted by the organizers that public carry of firearms is not allowed. (b) Subsection (a) shall not apply to: (1) A private security officer when acting in the official capacity of the officer’s scope of employment; (2) A law enforcement officer; or (3) Any person authorized to carry a firearm under the federal Law Enforcement Officers Safety Act of 2004, as amended. (2022, ord 22-130, sec 2.)14-118 Section 14-119. Carrying firearm while intoxicated or consuming an intoxicant prohibited. Notwithstanding any provision to the contrary, no person granted a license to carry a concealed or unconcealed firearm shall carry a firearm while consuming or under the influence of alcohol or any intoxicating or hallucinatory drug or substance. (2022, ord 22-130, sec 2.)14-119 Section 14-119.1. Duty to inform law enforcement upon contact. A person granted a license to carry a concealed or unconcealed firearm and who is in possession of and/or carrying their licensed firearm when contacted by a law enforcement officer, shall immediately inform the law enforcement officer the person is in possession and/or carrying their licensed firearm, and shall present the license to the law enforcement officer. (2022, ord 22-130, sec 2.)14-119.1 Section 14-119.2. Penalties. (a) Any person violating this article shall have their license to carry a concealed or unconcealed firearm revoked for one year, unless otherwise reinstated by the chief of police. This revocation shall apply to any and all licenses to carry a concealed or unconcealed firearm issued to the violator from the County of Hawai‘i. SUPP. 13 (1-2023) 14-48.1 § 14-119.2 H AWAI‘I C OUNTY C ODE (b) If a person objects to the revocation of their license to carry a concealed or unconcealed firearm, the person may request a hearing before the chief of police. A written request for a hearing shall be made no later than thirty days after receiving notice that the license to carry a concealed or unconcealed firearm has been revoked. (c) After the revocation period elapses, the person found to have been in violation of this article may reapply for a license to carry a concealed or unconcealed firearm. (2022, ord 22-130, sec 2.)14-119.2 Section 14-119.3. Administrative rules. The chief of police shall establish rules and regulations necessary to administer this article, pursuant to chapter 91, Hawai‘i Revised Statutes. (2022, ord 22-130, sec 2.)14-119.3 Article 21. Hydraulic Fracturing Policy. Section 14-120. Definitions. As used in this article, unless the context requires otherwise: “Department” means the planning department. “Director” means the director of the planning department, or the director’s authorized representative(s). “Drilling operation” means the boring, piercing, or penetration into an underground geologic formation. “Hydraulic fracturing” means a drilling operation into an underground geologic formation and the injection of fluids, gases, chemicals, sand or any other substance with the intention to cause or enhance fractures in the geologic formation for the purpose of instigating or increasing the porosity or permeability of the geologic formation to initiate or increase the production of a desired commodity from a well. Hydraulic fracturing is also known as “fracking,” “hydro-fracking,” “hydro-fracturing,” “hydro- shearing,” “hydraulic shearing,” “hydro-stimulation,” or “enhanced geothermal drilling.” (2013, ord 13-115, sec 2.)14-120 SUPP. 13 (1-2023) 14-48.2 G ENERAL W ELFARE § 14-121 Section 14-121. Hydraulic fracturing prohibited. Hydraulic fracturing or the practice by any other name shall be prohibited for any purpose. No permit or exemption to this policy shall be provided by the County. Any permit issued by the County that allows for a drilling operation shall include a written condition prohibiting hydraulic fracturing. (2013, ord 13-115, sec 2.)14-121 Section 14-122. Right of entry. Upon presentation of proper credentials, the director may enter at reasonable times any property in the County which utilizes drilling operations to inspect the property for potential violations of this article, provided that such entry shall be made in such a manner as to cause the least possible inconvenience to the person in possession. An order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted. (2013, ord 13-115, sec 2.)14-122 Section 14-123. Violation. Any hydraulic fracturing for any purpose at any time using any method constitutes a violation of this article. Single or multiple violations shall be listed on the notice of violation and penalties shall be applied for each violation. (2013, ord 13-115, sec 2.)14-123 Section 14-124. Notice of violation. (a) Whenever the director determines that there exists a violation of any provision of this article, the director shall serve a notice of violation upon the parties responsible for the violation, which may include, but shall not be limited to the owner and any lessee of the property where the violation is located, to make the location where the violation is occurring compliant with this article. Such notice of violation shall include: (1) The date of the notice; (2) The name and address of the person noticed, and the location of the violation; (3) The section number of the ordinance, code, or rule which has been violated; (4) The nature of the violation; and (5) The deadline for compliance with the notice. (b) Proper service of such notice shall be by personal service, registered mail, or certified mail upon the owner of record, provided, that if such notice is by registered mail or certified mail, the designated period within which the owner or person in charge is required to comply with the order of the director shall begin as of the date the owner or person in charge receives such notice. (2013, ord 13-115, sec 2.)14-124 SUPP. 9 (1-2021) 14-49 § 14-125 H AWAI‘I C OUNTY C ODE Section 14-125. Administrative enforcement. (a) If the director of planning determines that any entity is not complying with a notice of violation, the director may have the party responsible for the violation served, by mail or delivery, with an order pursuant to this section. (b) Contents of the Order. (1) The order may require the parties responsible for the violation, including but not limited to the owner/lessee of the property where the violation is located, to do any or all of the following: (A) Correct the violation(s) within the time specified in the order; (B) Pay a civil fine in the amount, at the place, and before the date specified in the order. (2) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the County’s action may be appealed to the board of appeals. (c) Civil fines. (1) Any person who violates this article shall pay a civil fine not to exceed $25,000 for each separate offense. Each day a violation persists shall constitute a separate offense. Any action taken in court to impose or collect the fine provided for in this section shall be considered a civil action. (2) Any person who denies, obstructs, or hampers the director from the entrance to or inspection of any building, place, or vehicle pursuant to this article shall pay a civil fine not to exceed $10,000 for each day of denial, obstruction, or hampering. Any action taken in court to impose or collect the penalty provided for in this section shall be considered a civil action. (3) Factors to be considered by the director in imposing a civil fine shall include but not be limited to the following: (A) The nature, circumstances, extent, gravity, and history of the violation and of any prior violations; (B) The economic benefit to the violator, or anticipated by the violator, resulting from the violation; (C) The opportunity, difficulty, and history of corrective action; (D) Good faith efforts to comply; (E) Degree of culpability; and/or (F) Such other matters as justice may require. SUPP. 9 (1-2021) 14-50 G ENERAL W ELFARE § 14-125 (d) Effect of Order; Right to Appeal. The provisions of the order issued by the County under this section shall become final thirty calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the board of appeals as provided in chapter 91 of the Hawai‘i Revised Statutes. The appeal must be received in writing on or before the date the order becomes final. However, an appeal to the board of appeals shall not stay any provision of the order. (e) Judicial Enforcement of Order. The County may institute a civil action in any court of competent jurisdiction for the enforcement of any final order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by such final order, the County need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been paid. (f) From the date the order takes effect, the date on which an appeal has been rendered against the appellant, or the date on which the judicial enforcement of order has been rendered, whichever shall have standing, the violator shall make immediate remediation. If remediation is not initiated within five calendar days or completed within fifteen calendar days, the County may initiate or complete such remediation, including but not limited to: brownfield cleanup; bioremediation; soil remediation; ground or surface water restoration and remediation; environmental restoration; biohazard remediation; hazardous waste remediation; cleaning, removal, and safe disposal of chemicals and toxins at an appropriate disposal facility; monitoring costs; replanting the negatively impacted area with appropriate native or other plants at the discretion of the County, and safe disposal of poisoned flora and fauna by composting or other means to prevent further negative impacts. Best management practices shall be used to compost poisoned flora and fauna. The County shall charge the violator or its bonding agent for the cost of remediation accrued by the County. (2013, ord 13-115, sec 2.)14-125 Section 14-126. Penal enforcement. (a) General Provisions. The provisions of this section are in addition to any other applicable remedy or penalty provided by law. (b) In case the parties responsible for violating any provisions of this article fail, neglect, or refuse to comply or correct a violation, the County may submit the matter to the proper authority for penal enforcement. (c) Any person, firm, or corporation violating any provisions of this article shall, upon conviction, be deemed guilty of a petty misdemeanor and each person so convicted shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this article is committed, continued or permitted; and upon conviction of any such violation, such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than thirty days, or by both fine and imprisonment. SUPP. 1 (1-2017) 14-51 § 14-126 H AWAI‘I C OUNTY C ODE (d) Any officer or inspector designated by the County, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of this article, pursuant to section 803-6, Hawai‘i Revised Statutes, may arrest without warrant alleged violators by issuing a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel designated by the County, upon making an arrest for a violation of this article, may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, notifying the violator to answer the complaint to be entered against the violator at a place and at a time provided in the summons or citation. (f) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this article which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawai‘i and County of Hawai‘i. (g) In every case when a citation is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district court may prescribe by giving to the violator a copy of the citation and provide for the disposition of the original and any other copies. (h) Every citation shall be consecutively numbered and each copy shall bear the number of its respective original. (2013, ord 13-115, sec 2.)14-126 Section 14-127. Injunctive relief. Proceedings for injunctive relief in a court of competent jurisdiction may be heard for potential violations of this article. (2013, ord 13-115, sec 2.)14-127 Article 22. Restriction of Genetically Engineered Crops and Plants.* * Editor’s Note: Article 22 was invalidated by Haw. Papaya Indus. Ass'n. v. County of Haw., No. 14-17538 (9th Cir. 2016) (mem.). Section 14-128. Purpose. The purpose of this article is to protect Hawai‘i Island’s non-genetically modified agricultural crops and plants from genetically modified organism cross pollination and to preserve Hawai‘i Island’s unique and vulnerable ecosystem while promoting the cultural heritage of indigenous agricultural practices. The prohibition of open air cultivation, propagation, development, or testing of genetically engineered crops and plants is intended to prevent the transfer and uncontrolled spread of genetically engineered organisms on to private property, public lands, and waterways. (2013, ord 13-121, sec 3.)14-128 SUPP. 3 (1-2018) 14-52 G ENERAL W ELFARE § 14-129 Section 14-129. Definitions. As used in this article, unless otherwise specified: “Genetically engineered” means an organism that has been modified at the molecular or cellular level by means that are not possible under natural conditions or processes. Such means include recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation gene deletion and doubling, introducing a foreign gene, and changing the position of genes. Such organisms are sometimes referred to as “genetically modified organisms” or “transgenic organisms.” Genetically engineered or genetically modified crops and plants include crops and plants for human consumption or for any other purpose. Genetic engineering does not include modification that consists exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture. “Open air” means a location or facility that is not enclosed in a greenhouse or in another completely enclosed structure so as to prevent the uncontrolled spread of genetically engineered organisms. “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, or any other personal representative thereof, in any capacity, acting either for himself, his heirs, or for any other person under personal appointment pursuant to law. “Plant pestilence” means a virulent plant disease or infestation that is causing substantial harm to one or more crops or plants. “Register” or “Registration” means registration by persons engaged in the cultivation, propagation, development, or indoor testing of genetically engineered crops or plants. Registration shall include: the tax map key and the council district of the property or properties; a detailed description of the location on the property where genetically engineered crops or plants are being cultivated, propagated, developed, or tested, which description shall include the size of the location and scope of usage; the name of the owner of the property or properties; the lessee or any other party in control of the genetically engineered plant or crop operation or usage; the type of genetically modified organism or transgenic manipulation used; the produce or products involved; the type, frequency, and customary amount of pesticides, inclusive of herbicides and insecticides, used; a description of any containment procedures employed; and relevant contact information. (2013, ord 13-121, sec 3.)14-129 Section 14-130. Prohibition. No person shall knowingly engage in the open air cultivation, propagation, development, or testing of genetically engineered crops or plants. (2013, ord 13-121, sec 3.)14-130 SUPP. 1 (1-2017) 14-53 § 14-131 H AWAI‘I C OUNTY C ODE Section 14-131. Exemptions. The following persons shall be exempt from the provisions of this article: (1) Persons engaged in the open air cultivation, propagation, or development of genetically engineered crops or plants, other than genetically engineered papaya, but only in those specific locations where genetically engineered crops or plants have been customarily open air cultivated, propagated, or developed by that person prior to December 5, 2013, provided that those specific locations or facilities are registered on or before March 5, 2014; and (2) Any person engaged in the open air cultivation, propagation, or development of genetically engineered papaya, whether prior or subsequent to December 5, 2013, provided that each location or facility wherein open air cultivation, propagation, or development of genetically engineered papaya occurs or will occur is registered as provided in this article. Notwithstanding any other provision of law, these exemptions shall not allow for open air testing of genetically engineered organisms of any kind. (2013, ord 13-121, sec 3.) 14-131 Section 14-132. Emergency exemption. (a) A person who is engaged in the cultivation, propagation, or development of a non- genetically engineered crop or plant that is being harmed by a plant pestilence as defined in this article may apply to the council for an emergency exemption from the provisions of this article to use a genetically engineered remedy. The council may grant an emergency exemption by way of resolution, provided the council makes an affirmative finding that: (1) The cited plant pestilence is causing substantial harm to that person’s crop or plant; (2) There is no other available alternative solution; and (3) All available measures will be undertaken to insure that non-genetically engineered crops and plants, as well as neighboring properties and any water sources, will be protected from contamination or any other potentially adverse effects that may be caused by the genetically engineered organism or associated pesticides. (b) Any exemption granted pursuant to subsection (a) shall include reasonable restrictions and conditions, including, but not limited to, full compliance with the registration requirements of this article and that the exemption shall expire on a certain day occurring within five years from the date of its issuance. Prior to expiration of the exemption, the council may adopt a resolution to extend the exemption for a specified period of time. (2013, ord 13-121, sec 3.) 14-132 SUPP. 1 (1-2017) 14-54 G ENERAL W ELFARE § 14-133 Section 14-133. Registration. (a) All persons engaged in any form of cultivation, propagation, development, or indoor testing of genetically engineered crops or plants of any kind shall register annually beginning on or before March 5, 2014, and shall pay an annual registration fee of $100 per location, payable to the director of finance. All contiguous land shall be treated as a single location. The director of the department of research and development, or the director’s authorized representative(s), shall administer the registration provision of this section. (b) All persons engaged in non-commercial cultivation or propagation of genetically engineered papaya, in any stage or form, shall be exempt from this section. This registration exemption does not exempt persons engaged in research, development, or testing of genetically engineered papaya. (c) Pursuant to section 92F-13 of the Hawai‘i Revised Statutes, information such as the name of the registrant and the exact location of the genetically engineered crops or plants may be withheld from the public to the extent that disclosure of that detailed information would otherwise frustrate the ability of the County to obtain accurate information. (2013, ord 13-121, sec 3.) 14-133 Section 14-134. Penalties. Any person who violates any provision of this article shall be guilty of a violation, and upon conviction thereof, shall be sentenced to a fine of up to $1,000 for each separate violation. The person shall be deemed to be guilty of a separate offense for each and every day a violation of this article is committed, continued, or permitted for each location. To the extent permitted by law, the person found in violation of this article shall also be responsible for all costs of investigation and testing, as well as for court costs, including but not limited to witness fees and witness expenses. (2013, ord 13-121, sec 3.)14-134 Section 14-135. Declaratory and injunctive relief. A court of competent jurisdiction may hear proceedings for declaratory relief or injunctive relief, or both, for violations or potential violations of this article. To the extent permitted by law, the person found in violation of this article shall be responsible for all costs of investigation and testing, as well as for court costs, including, but not limited to, attorney’s fees, witness fees, and witness expenses. (2013, ord 13-121, sec 3.) 14-135 Section 14-136. Cumulative remedies. The provisions of this article are cumulative. Nothing in this article shall affect any other remedy or relief that may be available to any adversely affected person or to the County or other governmental entity. (2013, ord 13-121, sec 3.) 14-136 SUPP. 1 (1-2017) 14-55 § 14-137 H AWAI‘I C OUNTY C ODE Article 23. Distribution of Tobacco Products. Section 14-137. Definitions. As used in this article: “Department” means the Hawai‘i police department. “Distribute” means to give, deliver or sell, or cause or hire any person to give, deliver or sell, or offer to give, deliver or sell. “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, factor, or any other personal representative thereof, on any capacity, acting either for himself or for any other person, under personal appointment or pursuant to law. “Proof of age” means a driver’s license, license for identification only, or other generally accepted means of identification with a photograph of the individual affixed thereon that indicates that the individual is twenty one years of age or older or was born before or on June 30, 1996. “Tobacco product” means any product that contains tobacco and is intended for human consumption or use, including, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and electronic smoking devices as defined in section 709-908 of the Hawai‘i Revised Statutes. Tobacco product does not include products that have been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and are marketed and sold solely for such an approved purpose. (2013, ord 13-124, sec 1.)14-137 Section 14-138. Prohibition; verification of age; penalties. (a) It is unlawful for any person to distribute a tobacco product to any person under twenty one years of age, with the exception of any person who is eighteen years of age or older before or on June 30, 2014, and at such time could be a lawful recipient of a tobacco product. (b) A person who distributes tobacco products shall verify proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be less than twenty seven years of age. (c) Any person who violates this section shall be subject to a fine of $500 for the first offense. Any subsequent offenses shall subject the person to a fine of not less than $500 nor more than $2,000. (2013, ord 13-124, sec 1.)14-138 Section 14-139. Posted signs required. (a) From July 1, 2014, through June 30, 2017, every person who sells or displays tobacco products shall post conspicuously and keep so posted at the place of business at each point of sale a sign which states, “The sale of tobacco products to persons born after June 30, 1996 is prohibited,” in letters at least one-half inch high. SUPP. 1 (1-2017) 14-56 G ENERAL W ELFARE § 14-139 (b) As of July 1, 2017, every person who sells or displays tobacco products shall post conspicuously and keep so posted at the place of business at each point of sale a sign which states, “The sale of tobacco products to persons under twenty-one years of age is prohibited,” in letters at least one-half inch high. (c) Any person failing to post a notice in compliance with this section shall be subject to a fine of $100 for the first offense, $250 for the second offense, and $500 for the third and all subsequent offenses. (2013, ord 13-124, sec 1.)14-139 Section 14-140. Enforcement. The department or its authorized delegates may conduct random, unannounced inspections at locations where tobacco products are distributed to test and ensure compliance with this article, and shall generally enforce the provisions of this article. This article shall not apply to controlled purchases as part of a law enforcement activity or a study authorized by the State department of health under the supervision of law enforcement. (2013, ord 13-124, sec 1.)14-140 Article 24. Littering. Section 14-141. Definitions. As used in this article: “Handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature. “Litter” means any waste material including, but not limited to, any animal and vegetable wastes, and any other solid waste such as dirt, ashes, street cleanings, dead animals or parts of dead animals, market and industrial wastes, bagasse, cane trash, paper, wrappings, cigarettes, cardboards, tin cans, yard clippings, leaves, wood, tree trimmings, glass, bedding, crockery, furniture, appliances, scrap metal and any other waste material commonly or ordinarily regarded as being garbage, rubbish, refuse, trash or swill. “Newspaper” means a public print of general circulation issued for compensation at daily or weekly intervals reporting the news or happenings of local, national, or foreign interest, such as social, religious, political, moral, business, professional, editorial, and other kindred subjects, as well as trade, market, money reports, advertisements and announcements. “Private premises” means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to a dwelling, house, building, or other structure. “Public place” means any street, sidewalk, boulevard, alley or other public way and any public park, square, space, ground or building. (2020, ord 20-86, sec 1.) 14-141 SUPP. 9 (1-2021) 14-57 § 14-142 H AWAI‘I C OUNTY C ODE Section 14-142. Littering prohibited; use of public receptacles. (a) No person shall scatter, throw, drop, deposit, or place or cause to be scattered, thrown, dropped, deposited, or placed any litter on any highway, street, road, alley, sidewalk, sea beach, public park, or other public place in the County. (b) Any person placing litter in a public receptacle or in an authorized private receptacle shall do so in a manner which prevents the litter from being carried or deposited by the elements upon any street, sidewalk, or other public place, or upon private property. (2020, ord 20-86, sec 1.) 14-142 Section 14-143. Sweeping into streets and sidewalks prohibited. (a) No person shall sweep into or deposit in any gutter, street, or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. (b) Any person owning or occupying property shall keep the sidewalk in front of that person’s premises free of litter. (2020, ord 20-86, sec 1.) 14-143 Section 14-144. Merchant’s duty to keep sidewalk clean of litter. (a) No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. (b) Any person owning or occupying a place of business shall keep the public walking and parking areas in front of that person’s business premises free of litter. (2020, ord 20-86, sec 1.) 14-144 Section 14-145. Litter prohibited on occupied private property. No person shall throw or deposit litter on any occupied private property, whether owned by that person or not, except that the owner or person in control of private property may maintain any authorized private receptacle for collection in a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property. (2020, ord 20-86, sec 1.) 14-145 Section 14-146. Distributing handbills at inhabited private premises. (a) No person shall throw, deposit, or distribute any handbill in or upon private premises which are inhabited, except by handling or transmitting any handbill directly to the owner, occupant, or other person then present in or upon the private premises; provided that the person distributing the handbill, unless requested not to do so by owner, occupant, or other person lawfully on the premises, may place or deposit any handbill in or upon the inhabited premises if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets, or other public places, except that mailboxes may not be used when prohibited by Federal postal law or regulations. SUPP. 9 (1-2021) 14-58 G ENERAL W ELFARE § 14-146 (b) Subsection (a) shall not apply to the distribution of mail by the United States, nor of any newspaper, except that a newspaper shall be placed on private property in a manner which prevents the newspaper from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. (2020, ord 20-86, sec 1.) 14-146 Section 14-147. Summons or citation for violation. A police officer shall use a form of summons or citation provided by the County in citing a violator of any provision of this article. (2020, ord 20-86, sec 1.) 14-147 Section 14-148. Penalty. (a) Any person who violates any provision of this article shall, upon conviction, be sentenced to pay of fine of not more than $1,000 and/or not more than 200 hours of community service or both for each offense and shall be required to remove their litter or shall be liable for the costs of removing that litter. (b) Each day of violation shall constitute a separate offense. (2020, ord 20-86, sec 1.) 14-148 Article 25. Clearing Occupied and Unoccupied Lots. Section 14-149. Definitions. As used in this article: “Refuse” means any discarded or disposable matter, including garbage, rubbish, and swill. “Swill” means any food waste which is fit for animal consumption. “Undergrowth” means any bush, small tree, or other vegetation. “Unsafe flora” means any or any part of a tree, bush, vine, or grass that poses an imminent danger for fire, health, safety, property damage, or criminal threat to persons or adjacent property and structures including buildings, roofs, rain gutters, antennae, driveways, landscaping, privacy structures (including gates, fencing, and stone walls), tents, garages, automobiles, power lines, phone lines, playground equipment, water catchment tanks, swimming pools, or any other structures and property not identified here. (2020, ord 20-86, sec 2.) 14-149 Section 14-150. Removal of refuse, undergrowth, and unsafe flora required. Every owner of any occupied or unoccupied lot the frontage of which abuts or adjoins any public street or highway within the County, shall clear the lot of all refuse, uncultivated undergrowth, and unsafe flora thereon to a depth of not exceeding one hundred feet from any street or highway adjoining, whenever on the lot there is refuse, uncultivated undergrowth, or unsafe flora to an extent that the lot poses or is likely to pose an imminent danger for fire, health, safety, property damage, or crime hazard. (2020, ord 20-86, sec 2.) 14-150 SUPP. 9 (1-2021) 14-59 § 14-151 H AWAI‘I C OUNTY C ODE Section 14-151. Complaint by adjacent or abutting owner(s); request to clear. (a) If a majority of all the adult residents within a radius of five hundred feet from any boundary of, or the property owner of a property adjacent to or abutting, any occupied or unoccupied lot, in writing to the mayor requests that the lot be cleared of refuse, uncultivated undergrowth, or unsafe flora, the mayor shall investigate the complaint. If the mayor certifies that there is refuse, uncultivated undergrowth, or unsafe flora on the lot complained about to an extent that the lot poses or is likely to pose an imminent danger for fire, health, safety, property damage, or crime hazard, the mayor shall notify the owner of the lot to clear the occupied or unoccupied lot of the refuse, uncultivated undergrowth, or unsafe flora. (b) If the offending uncultivated undergrowth or unsafe flora is registered as an endangered or protected species or is listed as “exceptional” pursuant to chapter 14, article 10 of this Code, or if the owner wants to keep the offending uncultivated undergrowth or unsafe flora, the owner shall submit in writing a treatment plan for its continued safe existence to the mayor’s office, the department of public works, the arborist advisory committee, the offended property owner(s), and, if applicable, the homeowners association. The treatment plan shall be approved by the department of public works and, if applicable, the homeowners association. (c) If a building is constructed in close proximity to an existing stand of trees used for wind block, boundary markers or ornamentals, the property owner may not file a complaint under this section and may seek other legal remedies should an emergency situation arise. (d) If a person files three unsubstantiated complaints about the same refuse, uncultivated undergrowth, or unsafe flora, that person may not file a complaint for that same property, providing that property is under the same ownership at the time that the three unsubstantiated complaints were filed. (2020, ord 20-86, sec 2.) 14-151 Section 14-152. Clearance by County; costs. (a) If any owner, after notice to clear any occupied or unoccupied lot has been mailed to the owner and posted by the mayor, fails or refuses to comply with the order within thirty days after the notice, the County may proceed to clear the lot of the refuse, uncultivated undergrowth, or unsafe flora at the expense of the owner. (b) The collection of any expense that has been unpaid by the property owner for clearing any unoccupied lot shall be a lien on the property so cleared, and the County may recover the amount of the lien and the expense and costs of the clearing by action at law in assumpsit, or by any action allowed by law in equity, or that may be prescribed by statute, including any proceeding allowed for the foreclosure of tax liens. (c) The collection of recoverable expenses that has been unpaid by the property owner for clearing any occupied lot shall proceed as follows: (1) The department of public works shall keep an itemized record of recoverable expenses. Promptly after completion of the lot clearing, the department shall certify those expenses to the office of the corporation counsel. SUPP. 9 (1-2021) 14-60 G ENERAL W ELFARE § 14-152 (2) The office of the corporation counsel, on behalf of the County, shall submit a written itemized claim for the total recoverable expenses incurred by the County to the responsible person or persons and a written notice stating that unless the amounts are paid in full within thirty days after receipt of the claim and notice, the County will file a civil action seeking recovery for the stated amount. (3) The County may bring a civil action for the recovery of all recoverable expenses against any and all persons causing or responsible for the placement of the individual or individuals in a situation of imminent danger. (d) For the purposes of this section, “recoverable expenses” means those expenses that are reasonable, necessary, and allocable to the clearing of an occupied lot of refuse, uncultivated undergrowth, and unsafe flora pursuant to this article. Expenses allowable for recovery may include, but are not limited to: (1) Materials and supplies acquired, consumed, and expended specifically for the purpose of the lot clearing. (2) Compensation of employees for the time and efforts devoted specifically for the purpose of the lot clearing. (3) Rental or leasing of equipment used specifically for the lot clearing, such as protective equipment or clothing, bulldozers, or backhoes. (4) Repair costs for equipment owned by the County that is damaged during the lot clearing. (5) Replacement costs for equipment owned by the County that is damaged beyond use or repair, if the equipment was a total loss and the loss occurred during the lot clearing. (6) Special technical services specifically required for the lot clearing, such as costs associated with the time and efforts of technical experts or specialists not otherwise provided by the County. (7) Other special services specifically required for the lot clearing. (8) Medical expenses that may be incurred as a result of the lot clearing. (9) Legal expenses that may be incurred as a result of the lot clearing, including efforts to recover expenses pursuant to this article. (e) Nothing in this section shall be construed to create any liability to the County for any damages incurred as a cause of action or inaction. (2020, ord 20-86, sec 2.) 14-152 Section 14-153. Service of notice. The notice to the property owner required under section 14-152 shall be sent to the property owner by mailing it to the owner’s last known address and by posting a copy of the notice upon the lot that requires the clearing. (2020, ord 20-86, sec 2.) 14-153 SUPP. 9 (1-2021) 14-61 § 14-154 H AWAI‘I C OUNTY C ODE Article 26. Real Property Owner Contact Information Registry. Section 14-154. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations, or any officer, agent, employee, representative, or other entity, in any capacity, acting either on their own behalf or on the behalf of any other person, whether appointed personally or in accordance with the law. “Property” or “real property” means and includes all land and appurtenances, including 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. “Property owner” means a person who has complete dominion over a specific property and is the legal or equitable titleholder; when applied to a building or land, “property owner” means any party with a stake, including a partial owner, joint owner, holder of a communal or partnership interest, life tenant, tenant in common, or joint tenant, of the entire property or a portion thereof. (2024, ord 24-16, sec 2.) 14-154 Section 14-155. Owner contact information required. (a) Every property owner in the County of Hawaii shall provide to the real property tax division the following contact information: The property owner’s name(s), mailing address, telephone number, and email. An absentee property owner, who does not physically reside within the County, shall designate an agent and provide the designated agent’s name, mailing address, telephone number, and email to the division. An agent shall reside within the County, and be duly designated and authorized by an absentee owner to act on the owner’s behalf. (b) Contact information shall be provided to the real property tax division via forms or methods designated by the finance director. (c) If there is any change to the contact information of the property owner or the property owner’s agent, the property owner or agent shall provide the updated contact information to the real property tax division within thirty calendar days from the change. (d) The real property tax division shall maintain the contact information of all property owners or agents, as applicable. (e) Failure to submit information pursuant to this section shall be considered a violation of this section. Any property owner who violates this section shall be subject to annual fines of no less than $100, but not exceeding $1,000, in a schedule prescribed by the finance director. (2024, ord 24-16, sec 2.) 14-155 SUPP.16 (7-2024) 14-62 G ENERAL W ELFARE § 14-156 Section 14-156. Safeguarding of contact information. The collection and maintenance of contact information shall be strictly for the use of the County pursuant to this article and is not intended to be made available to the general public. Contact information may be shared between the County’s agencies, in accordance with section 92F-19, Hawai‘i Revised Statutes. (2024, ord 24-16, sec 2.) 14-156 Section 14-157. Utilization of contact information. Should the County, through any of its agencies, become aware of any potential or existing impacts to any property, the County may utilize this contact information to notify the property owner or the property owner’s agent regarding potential or existing impacts to the property. The County may also use contact information for administrative enforcement, public safety, and law enforcement purposes. (2024, ord 24-16, sec 2.) 14-157 Section 14-158. Rules and regulations. The finance director, or the finance director’s authorized representative, may adopt and enforce rules necessary for the effective implementation of this article, pursuant to chapter 91 of the Hawai‘i Revised Statutes. (2024, ord 24-16, sec 2.) 14-158 SUPP. 16 (7-2024) 14-63 This page intentionally left blank. CHAPTER 15 PARKS AND RECREATION Article 1. General Provisions. Section 15-1. Purpose of chapter. Section 15-2. Applicability and scope of chapter. Section 15-3. Definitions. Section 15-4. Animal or agricultural use of public land restricted. Section 15-5. Special rules for Kahalu‘u Park, North Kona. Section 15-6. Repealed. Section 15-7. Penalty. Article 2. Restrictions and Prohibitions. Division 1. Park Areas. Section 15-8. Parks and recreation facilities; hours of operation. Section 15-9. Disorderly conduct prohibited; defined. Section 15-10. Explosives and fireworks prohibited; exception. Section 15-11. False reports prohibited. Section 15-12. Weapons restricted. Section 15-13. Regulation of fires. Section 15-14. Fishing regulations. Section 15-15. Gambling prohibited. Section 15-16. Person under the influence of alcohol or drugs. Section 15-17. Returning lost property. Section 15-18. Abandoned property prohibited; impoundment. Section 15-19. Use of audio devices restricted; permits; authorization. Section 15-20. Hitchhiking and commercial activities; exceptions. Section 15-21. Repealed. Section 15-22. Permission required for television and motion pictures. Section 15-23. Permission required for installation of commemoratives. Section 15-24. Nuisances prohibited. Section 15-25. Residence in park area restricted. Section 15-26. Vehicles; parking restricted. Division 2. Recreation and Park Areas. Section 15-27. Permission required for advertising and signs in park areas. Section 15-28. Prohibited activities in parks areas. Section 15-29. Injury or damage report required. Section 15-30. Sanitation and refuse regulations. SUPP. 14 (7-2023) i Section 15-31. Skating and skateboards restricted. Section 15-32. Swimming, bathing, surfing and use of flotation devices. Section 15-33. Tampering with vehicle or vessel. Section 15-34. Boating in swimming areas prohibited. Article 3. Public Meetings and Assemblies. Section 15-35. Public assembly; permit required; exception. Section 15-36. Permits for special events required; conditions. Section 15-37. Application for permit; filing. Section 15-38. Permit issuance; denial; conditions. Article 4. Camping. Section 15-39. Camping and recreational vehicle or other camping units areas. Section 15-40. Maps of camping areas. Section 15-41. Director to establish time limits. Section 15-42. Regulations governing camping areas. Section 15-43. Camping permit required; issuance; denial. Section 15-44. Time limits. Section 15-45. Assigned camping spaces. Section 15-46. Camping permit; minors. Section 15-47. Cancellation of permits. Section 15-48. Display of permit. Article 5. Picnics. Section 15-49. Director to establish locations and time limit. Section 15-50. Picnic permit; reserved spaces. Section 15-51. Hours of use. Section 15-52. Picnic permit; minors; hours. Section 15-53. Display of permit. Section 15-54. Use of portable engines or motors restricted. Article 6. Credit Against User Fees for Private Improvements to Parks and Recreational Facilities. Section 15-55. Purpose. Section 15-56. Procedure. Section 15-57. Duties of director. Section 15-58. Limitation on application of credit. Section 15-59. Application of credit against user fees. Section 15-60. Restoration of credits. SUPP. 14 (7-2023) ii Article 7. Veterans Advisory Committee. Section 15-61. Organization. Section 15-62. Membership and tenure. Section 15-63. Meetings of the committee. Section 15-64. Powers and duties of the committee. Article 8. Naming of Facilities. Section 15-65. Purpose. Section 15-66. Definitions. Section 15-67. Naming of recreational facilities. Section 15-68. Procedure for naming parks and recreational facilities. Section 15-68.1. Parks and recreational facility schedule. Article 9. Farmers Markets. Section 15-69. Intent. Section 15-70. Director to establish time limits. Section 15-71. Site map. Section 15-72. Farmers market facility schedule. Section 15-73. Permit; fee. Article 10. Municipal Golf Course Funds. Section 15-74. Creation. Section 15-75. Purpose. Section 15-76. Administration. Article 11. Dog Parks. Section 15-77. Purpose. Section 15-78. Definitions. Section 15-79. Applicability Section 15-80. Designation and regulation of dog parks. Section 15-81. Liability; responsibility of handler. Section 15-82. No alcohol, drug use, or food shall be allowed in dog parks. Section 15-83. Noise-producing devices prohibited. Section 15-84. Current dog vaccinations required. Section 15-85. Handler’s responsibilities; control of dogs. Section 15-86. Dog behavior. Section 15-87. Dog park entry requirements; fees. Section 15-88. Violation of regulations; penalties. Section 15-89. Dog park facility schedule. Section 15-90. Severability. SUPP. 13 (1-2023) iii Article 12. Pesticide Use in County Parks and Recreational Facilities. Section 15-91. Definitions. Section 15-92. Glyphosate-based pesticides in County parks and recreational facilities prohibited. Section 15-93. Exemptions. Section 15-94. Use of other synthetic pesticides in County parks and recreational facilities. SUPP. 13 (1-2023) iv P ARKS AND R ECREATION § 15-1 CHAPTER 15 PARKS AND RECREATION Article 1. General Provisions. Section 15-1. Purpose of chapter. The purposes of this chapter are: (1) Preservation of the beauty of Hawai‘i, its way of life and its Aloha spirit; (2) Moral, physical and economic well-being of the citizens and residents of the County; (3) Utilization of land resources in the County in an intelligent and reasonable manner based on the capabilities and characteristics of the soil, its physical surroundings, climate, and the needs of the people in the County together with any other relevant and material considerations; (4) Establishment of recreational and cultural facilities that will provide healthful, educational, and aesthetic advantages for the people in the County and its visitors, and for the orderly and progressive development of such facilities to accommodate the expanding and diversified needs of the people; and (5) Protection and enhancement of the scenic and historic resources of the area. (1983 CC, c 15, art 1, sec 15-1.)15-1 Section 15-2. Applicability and scope of chapter. (a) This chapter shall apply to all County park areas. (b) The provisions in this chapter, including provisions for the imposition upon any person of the penalties by fine or imprisonment for any violation of this chapter, are not to be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict with other County ordinances, the stricter ordinance may apply. (c) The director, or the director’s authorized representative, shall implement and administer the provisions of this chapter. (d) The director or the director’s authorized representative, may authorize a temporary or limited term exception from any provision of this chapter when determined to be in the best interest of the department, the County, or the public. (1983 CC, c 15, art 1, sec 15-2; am 2001, ord 01-3, sec 1; am 2023, ord 23-11, sec 1.)15-2 Section 15-3. Definitions. As used in this chapter: “Authorized person” means any person authorized to enforce the provisions of this chapter. SUPP. 14 (7-2023) 15-1 § 15-3 H AWAI‘I C OUNTY C ODE “Beach park” means a park or specific area of a park that has shoreline frontage or is on the water’s edge that supports swimming, fishing, and other beach, shoreline, or ocean-going recreational activities, which may also include camping, picnicking, or events where proximity to the ocean is a primary consideration. “Camper” means any person with a valid permit who remains, or intends to remain, in a park or recreational facility to use the facility as overnight accommodations. “Camping” means the act of remaining in any park area outside of the park hours provided in section 15-8. “Camping units” means any prefabricated or custom-built mobile units that are pulled or transported by other means intended for human habitation or occupancy of any duration including, but not limited to, travel trailers, camper trailers, fifth-wheel trailers, pop-up trailers, or similar. “Department” means the department of parks and recreation. “Director” means the director of the department of parks and recreation. “Park area” means all County-owned or controlled areas administered by the department of parks and recreation. “Picnicker” means any person on an outing, who consumes or intends to consume foodstuffs while within the boundaries of a public premises under the jurisdiction of the department of parks and recreation, but who does not remain or intend to remain upon the premises past the hour of 11:00 p.m. If any person remains past the hour of 11:00 p.m., the person shall be known as a camper and shall be governed by those provisions relating to camping. “Picnicking” means an outing by one or more persons who consume or intend to consume food while within the boundaries of a public premises under the jurisdiction of the department of parks and recreation, but who do not remain or intend to remain on the premises past the hour of 11:00 p.m. If the outing is past the hour of 11:00 p.m., it shall be known as camping and shall be governed by those provisions relating to camping. “Recreational area” means all beach parks, and all other park areas administered by the department primarily for the purpose of public recreation. “Recreational vehicle” means any prefabricated or custom-built self-propelled unit intended for human habitation or occupancy of any duration including, but not limited to, motorhomes, campervans, coaches, caravans, popup campers, truck campers, or similar vehicles. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon, excepting devices moved solely by human power. (1983 CC, c 15, art 1, sec 15-3; am 1979, ord 479, sec 1; am 1987, ord 87-130, sec 2; am 2023, ord 23-11, sec 2.)15-3 SUPP. 14 (7-2023) 15-2 P ARKS AND R ECREATION § 15-4 Section 15-4. Animal or agricultural use of public land restricted. The running at large, herding, driving across, or grazing of animals of any kind on the public lands of an area, or the use of such lands for agricultural purposes, is permitted only under a valid lease, contract, or special use permit issued by the County or pursuant to law. (1983 CC, c 15, art 1, sec 15-4.)15-4 Section 15-5. Special rules for Kahalu‘u Park, North Kona. Camping and the use of trailers or other camper units are prohibited at Kahalu‘u Park. (1983 CC, c 15, art 1, sec 15-5.)15-5 Section 15-6. Repealed. (1983 CC, c 15, art 1, sec 15-6; am 1978, ord 340, sec 1; am 2001, ord 01-3, sec 2; rep 2023, ord 23-11, sec 3.)15-6 Section 15-7. Penalty. Any person convicted of violating any provision contained in this chapter shall be punished by a fine not exceeding $1,000 or by imprisonment not to exceed thirty days, or both, and shall be adjudged to pay all costs of the proceedings. 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. (1983 CC, c 15, art 1, sec 15-7; am 1986, ord 86-100, sec 2; am 2007, ord 07-2, sec 2.)15-7 Article 2. Restrictions and Prohibitions. Division 1. Park Areas. Section 15-8. Parks and recreation facilities; hours of operation. (a) The director, or the director’s authorized representative, may establish different and specific hours of operation for any park or any portion or area of a park, via posting of signage at the respective park or area. The director may also designate any park or any portion or area of a park available for use via use permit or specific approval only. (b) All parks, including beach parks, shall be open daily at 7:00 a.m. and closed at 8:00 p.m. for public access and use that is consistent with all applicable rules and regulations. (c) All County owned or managed cemeteries, inclusive of veterans cemeteries, shall open daily at 7:00 a.m. and close at 7:00 p.m. SUPP. 14 (7-2023) 15-3 § 15-8 H AWAI‘I C OUNTY C ODE (d) Recreation facilities shall have opening and closing times posted at each facility as established by the director. Recreation facilities that do not have opening and closing times posted shall be considered closed and available only via a use permit or specific approval issued by the director or the director’s authorized representative. (e) The director may close or restrict access to any park, recreation facility, or any portion of a park or recreation facility when necessary for the protection of the park, facility, or portion thereof or for the safety and welfare of persons or property via the posting of appropriate signage indicating the extent and scope of each closure. (f) All persons shall observe and abide by all officially posted signage and designated hours of operation. (1983 CC, c 15, art 1, sec 15-8; am 2023, ord 23-11, sec 4.)15-8 Section 15-9. Disorderly conduct prohibited; defined. (a) Disorderly conduct is prohibited. (b) A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person: (1) Engages in fighting or in threatening, violent, or tumultuous behavior; (2) Makes unreasonable noise or subjects another person to offensively coarse utterances, gestures, displays, or abusive language in a manner which is likely to provoke a violent response; or (3) Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. (1983 CC, c 15, art 1, sec 15-9; am 2015, ord 15-52, sec 2.)15-9 Section 15-10. Explosives and fireworks prohibited; exception. (a) The use or possession of explosives is prohibited except upon written permission of the director. Any authorized use or possession of explosives shall conform with all applicable Federal, State, and County laws. (b) The use or possession of fireworks and firecrackers is prohibited, except upon written permission of the director. (1983 CC, c 15, art 1, sec 15-10.)15-10 Section 15-11. False reports prohibited. The giving of any false or fictitious report or other information to any authorized person investigating an accident or any violation of law or regulations is prohibited. (1983 CC, c 15, art 1, sec 15-11.)15-11 SUPP. 14 (7-2023) 15-3.1 P ARKS AND R ECREATION This page intentionally left blank. SUPP. 14 (7-2023) 15-3.2 § 15-12 H AWAI‘I C OUNTY C ODE Section 15-12. Weapons restricted. In recreational areas the use and possession of all firearms or other implements designed to discharge missiles, which are capable of destroying animal life, shall conform with all applicable Federal, State and County laws. Such firearms or other implements shall not be used in a manner so as to endanger persons or property. The possession of loaded firearms or other implements, except by law enforcement officers, in developed, populated, or concentrated use areas is prohibited. (1983 CC, c 15, art 2, sec 15-12.)15-12 Section 15-13. Regulation of fires. (a) The kindling of any fire is permitted only: (1) In designated camping and picnicking grounds when the fire is confined in a fireplace provided for the use of visitors, in grills, or in locations marked by the director; or (2) In other locations, including backcountry, wilderness, and remote sections of the park areas when a written permit has been secured from the director; (3) In portions of the park areas designated by the director where fires may be kindled without a written permit. Portions of the park areas so designated shall be marked on a map which shall be available for public inspection in the office of the department of parks and recreation; or (4) In stoves or lanterns using gasoline, propane, butane gas or other fuels. (b) Fires must be kindled in such manner that no tree, shrub, grass, or other inflammable or combustible matter will be set on fire or caused to be set on fire. (c) When no longer needed, the fire shall be completely extinguished. Leaving a fire unattended is prohibited. (d) Throwing or dropping a lighted cigarette, cigar, pipe heel, match, or other burning material is prohibited. (1983 CC, c 15, art 2, sec 15-13.)15-13 Section 15-14. Fishing regulations. (a) In addition to the restrictions set forth in subsections (b) and (c) herein, fishing shall be in accordance with the laws and regulations of the State, and such laws and regulations which are now or may be in effect are hereby adopted and made a part of this chapter. (b) Use of the following are prohibited in the gathering and collection for any purpose of fish, crustaceans or mollusks from any body of water located in any park area owned or controlled by the County, including, but not limited to, the pond at Lili‘uokalani Park, Richardson Ocean Park, and Kahalu‘u Beach Park: (1) Cross nets; (2) Throw nets; (3) Spears; (4) Bows and arrows; (5) Chemicals; 15-4 P ARKS AND R ECREATION §15-14 (6) Explosives; (7) Electrical devices; (8) All types of nets which measure more than three feet at the widest span. (c) No aquatic life taken from waters within park areas shall be sold or offered for sale. (1983 CC, c 15, art 2, sec 15-14; am 1987, ord 87-74, sec 1.)15-14 Section 15-15. Gambling prohibited. Gambling in any form, or the operation of gambling devices, whether for merchandise or otherwise, is prohibited. (1983 CC, c 15, art 2, sec 15-15.)15-15 Section 15-16. Person under the influence of alcohol or drugs. Entering or remaining in a park area when manifestly under the influence of alcohol, narcotics or other drugs, to a degree that may endanger oneself or other persons or property, or unreasonably annoy persons in the vicinity is prohibited. (1983 CC, c 15, art 2, sec 15-16.)15-16 Section 15-17. Returning lost property. All lost articles shall be deposited by the finder at the office of the director or at the nearest police station, leaving the finder’s name and address. (1983 CC, c 15, art 2, sec 15-17.)15-17 Section 15-18. Abandoned property prohibited; impoundment. (a) No person shall abandon any vehicle or other personal property. Any abandoned property shall be subject to removal and impoundment by the director or the police to be dealt with according to law. (b) Leaving any vehicle or other personal property unattended after 11:00 p.m. and before 7:00 a.m., without prior permission of the director shall be considered abandoned and is prohibited. Any property so left shall be subject to impoundment by the director or the police. In the event unattended abandoned property interferes with the safe and orderly management of the park area, it shall be subject to impoundment by the director at any time. (1983 CC, c 15, art 2, sec 15-18; am 2001, ord 01-3, sec 3.)15-18 Section 15-19. Use of audio devices restricted; permits; authorization. (a) The operation or use of any audio devices including radios, television sets, musical instruments, and noise producing devices such as electric generating plants, or other equipment driven by motors or engines in such a manner and at such times so as to unreasonably annoy persons in campgrounds, picnic areas, or at other public places or gathering is prohibited. 15-5 § 15-19 H AWAI‘I C OUNTY C ODE (b) The operation or use of public address systems, whether fixed, portable, or vehicle mounted, on lands, waters, and highways, is prohibited except when such use or operation is in connection with public gatherings or special events for which permits have been issued. (c) The installation of aerials or other special radio, telephone, or television equipment is prohibited unless authorized by the director. (1983 CC, c 15, art 2, sec 15-19.)15-19 Section 15-20. Hitchhiking and commercial activities; exceptions. (a) Hitchhiking or the soliciting of transportation is prohibited. (b) Commercial activity without a permit is prohibited; provided, that this section shall not apply to transactions with authorized concessionaires. Commercial activity includes, but is not limited to, the exchange or buying and selling of commodities; the providing of services related to or connected with the trade, traffic or commerce in general; any activity performed by the commercial operator or its employees or agents in connection with the delivery of such commodities or services. Commercial activity does not include commercial speech or the distribution of handbills. (1983 CC, c 15, art 2, sec 15-20; am 2015, ord 15-52, sec 3.)15-20 Section 15-21. Repealed. (1983 CC, c 15, art 2, sec 15-21; rep 2015, ord 15-52, sec 6.)15-21 Section 15-22. Permission required for television and motion pictures. Before any motion picture may be filmed or any television production or sound track may be made, which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the director. (1983 CC, c 15, art 2, sec 15-22.)15-22 Section 15-23. Permission required for installation of commemoratives. The installation of any monument, memorial, tablet, or other commemorative installation in a park area without permission of the director is prohibited. (1983 CC, c 15, art 2, sec 15-23.)15-23 Section 15-24. Nuisances prohibited. The creation or maintenance of a nuisance in a County park area is prohibited. (1983 CC, c 15, art 2, sec 15-24.)15-24 Section 15-25. Residence in park area restricted. Residing in park areas is prohibited, except in accordance with a permit or other written agreement with the County authorizing such use, or by employees of the department of parks and recreation. (1983 CC, c 15, art 2, sec 15-25.)15-25 15-6 P ARKS AND R ECREATION §15-26 Section 15-26. Vehicles; parking restricted. (a) No vehicle shall be driven at, operated upon, or parked within a park or recreational facility except on paved or unpaved roads and parking areas specifically established and provided for park or recreational facility users while they are actively using or seeking to use the park or recreational facility in a manner consistent with all applicable rules and regulations. (b) Parking of vehicles shall be within marked stalls or in places designated for such use by appropriate signage as they may be provided or as otherwise permitted by the director. (c) Use of electric vehicle charging station parking stalls shall only be allowed for persons with qualified electric vehicles, while they are actively using the park or recreational facility and only while the vehicle is being charged. (d) No person shall stop, park, or leave standing any motor vehicle, whether attended or unattended, except in areas lawfully designated for parking. No person shall stop, stand, or park a vehicle on any landscaped or grassed areas; on walkways or trails; in a crosswalk; within any recreational facility; or in any location that obstructs an accessible route, park entrance or exit; road or driveway; fire lane, emergency access route, maintenance access, or in a manner that impedes the operation of a door or gate. (e) The director, or the director’s authorized representative, may authorize temporary access to and use of any park or recreational facility for vehicle access and parking for specific uses, activities, events, or for construction purposes. (f) This section shall not apply to any vehicle that is clearly and officially designated as a County vehicle or vehicles operated by the Hawai‘i police department, provided that the operator of the vehicle is on duty. (1983 CC, c 15, art 2, sec 15-26; am 2023, ord 23-12, sec 1.)15-26 Division 2. Recreation and Park Areas. Section 15-27. Permission required for advertising and signs in park areas. (a) Commercial notices or advertisements shall not be displayed, posted or distributed on County lands within a park area unless prior written permission has been given by the director. Such permission may be granted by the director under any of the following circumstances: (1) If the notice or advertisement is of goods, services or facilities available within the park area and such notices and advertisements are found by the director to be desirable and necessary for the convenience and guidance of the public; or (2) If a sign is temporary in nature and is exhibited only during the time the event is actually occurring, provided that a payment is made to the County of Hawai‘i as established by administrative rules. (b) Permanent signs. (1) The Council, by resolution, may allow a permanent sign in a County park which displays the name and/or logo of any company or organization that sponsors, constructs or donates the permanent sign for the purpose of SUPP. 14 (7-2023) 15-7 § 15-27 H AWAI‘I C OUNTY C ODE displaying future and current public events in exchange for the construction of the permanent sign and/or for advertising purposes. The permanent sign shall comply with chapter 3, Hawai‘i County Code. (2) Permanent signs are allowed in the Ho‘olulu Complex only. (c) Notwithstanding any provision to the contrary, the director may allow any type of commercial advertising on golf scorecards. (1983 CC, c 15, art 2, sec 15-27; am 1987, ord 87-11, sec 2; am 1995, ord 95-145, sec 1.)15-27 Section 15-28. Prohibited activities in parks areas. The following activities are prohibited in all park areas, unless authorized by the director or the director’s authorized representative: (1) The intentional or wanton destruction, defacement or removal of any natural feature or nonrenewable natural resource; (2) The intentional or wanton possession, destruction, injury, defacement, removal, or disturbance, in any manner of any public building, sign, equipment, monument, marker, or other structure, or of any relic, artifact, ruin, or historic or prehistoric feature, or of any other similar public property; (3) Gathering or collecting for the purpose of sale or commercial use any quantities of natural products of a renewable nature, including, but not limited to flowers, fruits, leaves, berries, wood, driftwood, and marine deposits of natural origin, with the exception of the gathering or collecting of such products in reasonable quantities for personal use except where such activity is expressly prohibited by posted signage; (4) The destroying, digging, or removing of any tree, shrub, or other plant; the tying or affixing of ropes, cords, or cables to any plant for the purpose of mounting or securing signs, tents, tarps, shade or wind screens, hammocks or similar items; and inserting spikes, nails, screws, or other foreign objects into any tree or other plant; and (5) The gathering or collecting of pebbles or rocks of any size for the purpose of sale. The gathering or collecting of small quantities of pebbles or rock by hand for personal use is permitted. (1983 CC, c 15, art 2, sec 15-28; am 2023, ord 23-11, sec 5.)15-28 Section 15-29. Injury or damage report required. All incidents resulting in injury to persons or damage to property must be reported by the person or persons involved as soon as possible to the director. This report does not relieve persons from the responsibility of making any other accident reports which may be required under State or County law. (1983 CC, c 15, art 2, sec 15-29.)15-29 SUPP. 14 (7-2023) 15-8 P ARKS AND R ECREATION §15-30 Section 15-30. Sanitation and refuse regulations. (a) All garbage, papers, cans, bottles, waste materials, and rubbish of any kind must be burned in authorized fires or disposed of only at points or places designated for the disposal thereof, or removed from the area. All noncombustible waste materials shall be deposited only in places designated for the disposal of such materials or removed from the area. Removal of refuse or garbage from refuse containers and removal or relocation of such containers, except by authorized persons, are prohibited. (b) Draining or dumping refuse or wastes from any trailer or other vehicle except in places or receptacles provided for such use is prohibited. (c) Cleaning food or washing clothing or articles of household use is permitted only in designated areas. (d) Polluting or contaminating in any manner any watershed, water supplies, or water used for drinking purposes is prohibited. (e) Fish entrails or other inedible parts of fish may be disposed of into salt waters except within two hundred feet of boat docks or swimming areas but shall not be thrown into fresh waters or onto park area lands in areas of public concentration. (f) Depositing any body waste in or on any portion of any comfort station or other public structure except into fixtures provided for that purpose is prohibited. Placing any bottle, can, cloth, rag, metal, wood, or stone substances in any of the plumbing fixtures in such station or structure is prohibited. All comfort stations shall be used in a clean, sanitary, and orderly manner. (g) Urinating or defecating other than at the place provided therefor is prohibited, except in backcountry, wilderness, or other remote areas. (h) Using government refuse containers or other refuse facilities for dumping household or commercial garbage or trash brought as such from private property is prohibited. (1983 CC, c 15, art 2, sec 15-30.)15-30 Section 15-31. Skating and skateboards restricted. The use of roller skates and skateboards is prohibited except in locations designated by the director by the posting of appropriate signs. (1983 CC, c 15, art 2, sec 15-31.)15-31 Section 15-32. Swimming, bathing, surfing and use of flotation devices. (a) Swimming and bathing are permitted except in waters and at times where such activities are prohibited in the interest of public health or safety, which excepted waters shall be designated by the posted signs. (b) The director may prohibit the use of flotation devices within designated swimming areas by the posting of appropriate signs. (c) The use of surfboards and similar devices is prohibited within the limits of designated swimming beaches. (1983 CC, c 15, art 2, sec 15-32.)15-32 SUPP. 14 (7-2023) 15-9 § 15-33 H AWAI‘I C OUNTY C ODE Section 15-33. Tampering with vehicle or vessel. Tampering or attempting to tamper with any vehicle, vessel, or other equipment which is not lawfully in one’s possession or control, or entering or going upon, moving or manipulating any of the parts or components of any vehicle, vessel, or other equipment or starting or setting the same in motion, except under such lawful possession or control is prohibited. (1983 CC, c 15, art 2, sec 15-33.)15-33 Section 15-34. Boating in swimming areas prohibited. No vessel, including but not limited to, boat, motorboat, houseboat, rowboat, powerboat, jet boat, sailboat, fishing boat, towboat, scow, flatboat, cruiser, motor vessels, ship barge, tug, floating cabana, party boat, charter boat, ferryboat, canoe, raft or any buoyant device permitting or capable of free flotation, shall be operated or anchored within the swimming areas of all beach parks. (1983 CC, c 15, art 2, sec 15-34.)15-34 SUPP. 14 (7-2023) 15-9.1 P ARKS AND R ECREATION This page intentionally left blank. SUPP. 14 (7-2023) 15-9.2 § 15-35 H AWAI‘I C OUNTY C ODE Article 3. Public Meetings and Assemblies. Section 15-35. Public assembly; permit required; exception. (a) As used in this section, “expressive activities” means speech or conduct, the principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political, religious, philosophical, or ideological opinions, views, or ideas and for which no fee is charged or required as a condition of the participation in or attendance at such activity. Expressive activity generally would not include sports events, fundraising events, beauty contests, commercial events, cultural celebrations or other events where the principal purpose is entertainment. (b) Public meetings, assemblies, gatherings, demonstrations, parades, and other expressive activities are permitted within park areas on lands which are open to the general public, provided a permit issued by the director shall be required when the public meeting, assembly, gathering, demonstration, parade, or expressive activity involves seventy-five or more persons. (c) Exceptions. This section shall not apply: (1) To expressive activities organized or planned fewer than twenty days in advance of such expressive activity in response to news or affairs coming into public knowledge in which case the organizer shall provide written notice to the County as soon as practicable prior to such expressive activity; or (2) To students when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities or to any government agency within the scope of its functions. (1983 CC, c 15, art 3, sec 15-35; am 2015, ord 15-52, sec 4.)15-35 Section 15-36. Permits for special events required; conditions. (a) Sports events, pageants, re-enactments, regattas, entertainments, and the like, characterized as public spectator attractions, are prohibited unless written permission therefor has been given by the director. Such permits may be issued only after a finding that the issue of the permit will not be inconsistent with the purposes for which the area is established and maintained, and will cause the minimum possible interference with use of the area by the general public. (b) The permit may contain such reasonable conditions and restrictions as to duration and area occupied as are necessary for protection of the area and public use thereof. (1983 CC, c 15, art 3, sec 15-36.)15-36 Section 15-37. Application for permit; filing. (a) Applications for a permit shall be filed with the director at least twenty days but not more than one hundred eighty days before the date on which it is proposed to conduct any such activity, provided that this requirement shall not apply to “expressive activity” as defined in section 15-35. 15-10 P ARKS AND R ECREATION §15-37 (b) The application shall state: (1) The name of the person or organization proposing to conduct such activity; (2) If the activity is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of headquarters of the organization, and of the authorized agent of such organization; (3) The name, address, and telephone number of the person who will be the chairman of such activity and who will be responsible for its conduct; (4) The name, address, and telephone number of the person or organization to whom the permit is to be issued; (5) The date when such activity is to be conducted; (6) The park or portion thereof for which such permit is desired; (7) An estimate of the anticipated attendance; (8) The hours when such activity will start and terminate; (9) If the activity is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the director a communication in writing from the person proposing to hold such activity, authorizing the applicant to apply for the permit on that person’s behalf; and (10) A statement of equipment and facilities to be used in connection with the activity. (1983 CC, c 15, art 3, sec 15-37; am 2015, ord 15-52, sec 5.)15-37 Section 15-38. Permit issuance; denial; conditions. (a) The director shall issue a permit on proper application unless: (1) A prior application for the same time and place has been made which has been or will be granted; (2) The event will present a clear and present danger to the public health or safety; or (3) The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area applied for. (b) The permit may contain such conditions as are reasonably consistent with protection and use of the park area for the purposes for which it is maintained. It may also contain reasonable limitations on the time and area within which the event is permitted. (1983 CC, c 15, art 3, sec 15-38.)15-38 15-11 § 15-39 H AWAI‘I C OUNTY C ODE Article 4. Camping. Section 15-39. Camping and recreational vehicle or other camping units areas. (a) Camping is only permitted as follows: (1) okalani Hale Beach Park, Punalu‘u Black Sand Beach Park, Whittington Beach Park, Miloli‘i Beach Park, Ho‘okena Beach Park, Mahukona Beach Park, Kapaa Beach Park, and Spencer Park at hai‘ula Beach. The camper shall give due regard to the rights and convenience of other users of the park, shall not obstruct any roadway or pathway, and shall not monopolize any facility intended for the use of all users of the park. (2) each, camping is permitted in two camping areas known as areas “A” and “B.” Area “A” is mauka of the large pavilion between the Hapuna boundary of the park and the outdoor courts. Area “B” is between the north side restroom and the central restroom. (b) Use of recreational vehicles or other camper units are only permitted at been approved by the director and clearly designated for such use. (1983 CC, c 15, art 4, sec 15-39; am 2001, ord 01-3, sec 4; am 2023, ord 23-13, sec 1.)15-39 * Editor’s Notes: Ordinance 03-135. Isaac Hale Memorial Park was renamed “Isaac Kepo‘okalani Hale Beach Park” pursuant to Ordinance 08-35. Section 15-40. Maps of camping areas. The areas described in section 15-39 are outlined in red on the maps marked Exhibit A for Samuel Spencer Beach Park,* and by reference made a part of this chapter. Copies of these maps are kept on file and are available for public inspection in the office of the department of parks and recreation. (1983 CC, c 15, art 4, sec 15-40; am 2001, ord 01-3, sec 5.)15-40 * Editor’s Note: Samu Ordinance 03-135. Section 15-41.Director to establish time limits. The director may establish limitations on the length of time persons may camp within a park area, either in a single period or in combined separate periods. Such limitations shall be posted at campgrounds or other appropriate locations. (1983 CC, c 15, art 4, sec 15-41.)15-41 Section 15-42. Regulations governing camping areas. (a) The installation of permanent camping facilities is prohibited. (b) The digging or leveling of the ground at any campsite is prohibited, except with the permission of the director. (c) Camping equipment must be completely removed and the sites cleaned before departure. SUPP. 14 (7-2023) 15-12 P ARKS AND R ECREATION §15-42 (d) Camping within twenty-five feet of any water hydrant, main road, or well-defined water course, except upon the direction of the director is prohibited. (e) Quiet shall be maintained in all campgrounds between the hours of 11:00 p.m. and 6:00 a.m. (f) The gathering of wood for use as fuel in campgrounds or picnic areas shall be limited to dead material on the ground, except where such gathering is prohibited by the director by the posting of appropriate signs. (1983 CC, c 15, art 4, sec 15-42; am 1987, ord 87-131, sec 2.)15-42 Section 15-43. Camping permit required; issuance; denial. (a) Any person eighteen years of age or older, representing such person or such person’s family, a group, organization, or association wishing to camp at a designated camping area shall be required to obtain a camping permit authorizing the use of the grounds and facilities for camping purposes. (b) These permits may be obtained from the administrative office of the department of parks and recreation in Hilo or from any official of the department designated by the department to issue such permits. Each permit will reserve the use of the desired camping area for the stated date requested. The means of requesting for camping permits and receiving confirmation of the same can be done either through a direct visit to the above office or designated authority or by means of telephone or through the mail. (c) All permits shall be issued on a first-come, first-served basis but may be denied any person, group, organization or association when the use of the desired camping area may be dangerous to the campers or unreasonably inconvenient to the department such as: (1) When the group is of an extraordinarily large size; (2) When severe weather conditions are threatening; (3) When there are inadequate facilities to meet the immediate needs of the camper or campers; or (4) When repairs or improvements are being made to develop the campsite. (1983 CC, c 15, art 4, sec 15-43.)15-43 Section 15-44. Time limits. No person shall be allowed to remain at any one specific camping area for a period longer than one week during the months of June through August and for a period not longer than two weeks during the other nine months of the year unless special permission is granted to extend the stay by the director. A camping period for the use of pavilions and sheds in camping areas is limited to three days and two nights’ duration throughout the year unless special permission is granted by the director to extend the time limit. (1983 CC, c 15, art 4, sec 15-44.)15-44 15-13 § 15-45 H AWAI‘I C OUNTY C ODE Section 15-45. Assigned camping spaces. The department may apportion and delineate the space within the camping area for the exclusive use of any person granted a permit to utilize the area; but the area shall not be less than forty square feet nor more than eighty square feet per person. (1983 CC, c 15, art 4, sec 15-45.)15-45 Section 15-46. Camping permit; minors. All responsible persons eighteen years of age or older shall be allowed to secure a permit on their own to camp in any of the campsites. All minors below the age of eighteen shall be allowed to camp in the camping area provided that they will be under the direct supervision of a responsible adult for every ten minors. All minors from the same family accompanied by at least one of their parents shall be allowed to camp, regardless of the ratio of supervision between parent and children. (1983 CC, c 15, art 4, sec 15-46.)15-46 Section 15-47. Cancellation of permits. Permits shall be automatically cancelled if they are not picked up or if the department is not notified of final verification of usage by the requesting party within forty-eight hours of actual usage. The department also reserves the right to terminate camping privileges, aside from natural causes, for the following reasons: (1) Tampering with or injuring signs, posters, markers, plants and other ornamental artifacts in the area; (2) Abuse of and physical damage to any building or other facility in the area; (3) Unnecessary and excessive littering of the area; (4) Common nuisance and disorderly behavior; (5) Being uncontrollably under the influence of liquor; and (6) For the violation of any other provision covered in this chapter. (1983 CC, c 15, art 4, sec 15-47.)15-47 Section 15-48. Display of permit. The holder of a camping permit shall, upon request, show the permit to any law enforcement officer, park caretaker or any personnel of the department. (1983 CC, c 15, art 4, sec 15-48.)15-48 Article 5. Picnics. Section 15-49. Director to establish locations and time limit. In recreational areas picnicking is permitted except in those locations designated by the director by the posting of appropriate signs. The director may also establish reasonable limitations on the length of time any person may use any picnicking facility by the posting of appropriate signs when such limitations are necessary for the accommodation of the visiting public. (1983 CC, c 15, art 5, sec 15-49.)15-49 15-14 P ARKS AND R ECREATION §15-50 Section 15-50. Picnic permit; reserved spaces. (a) Any group larger than fifteen members shall be allowed to reserve specified space and facilities within a public picnic area by obtaining a picnic permit from the administrative office of the department of parks and recreation in Hilo or from any official designated by the department to issue such permits. Each permit shall reserve the space or facility in the desired picnic area for use on the stated date requested. The means of requesting for a picnic permit and receiving confirmation of the same can be done by a direct visit to the above office or designated authority or by telephone or through the mail. (b) All permits shall be issued on a first-come, first-served basis but may be denied to any person when the use of the desired picnic area may be dangerous to the picnickers or unreasonably inconvenient to the department such as: (1) When the group is of an extraordinarily large size; (2) When severe weather conditions are threatening; (3) When there are inadequate facilities to meet the needs of the picnicker or picnickers; or (4) When repairs or improvements are being made to develop the picnic area. (1983 CC, c 15, art 5, sec 15-50.)15-50 Section 15-51. Hours of use. Permits for use of picnic areas shall be granted on requests for any particular day between the hours of 6:00 a.m. and 11:00 p.m. An earlier starting time may be granted by the department to accommodate special functions. Requests for use of pavilions and shed facilities within picnic areas shall be for the same duration as above. (1983 CC, c 15, art 5, sec 15-51; am 1987, ord 87-132, sec 2.)15-51 Section 15-52. Picnic permit; minors; hours. All persons eighteen years or older shall be allowed to secure a permit on their own to reserve space in any of the picnic areas for their group. All minors below the age of eighteen shall be allowed to picnic in the picnic areas on their own if the adult who secures the permit for them will be responsible for them and also provided that their picnicking is done during the normal daylight hours of 6:00 a.m. to 6:00 p.m. Minors staying beyond 6:00 p.m. shall be under the supervision of adults on the same ten minors to one adult ratio as is required in camping. All minors from the same family, who are accompanied by at least one of their parents, shall be allowed to remain in the picnic area past the 6:00 p.m. deadline regardless of the ratio of supervision between parent and children. (1983 CC, c 15, art 5, sec 15-52.)15-52 Section 15-53. Display of permit. The holder of a picnic permit shall, upon request, show the permit to any law enforcement officer, park caretaker, or any personnel of the department. (1983 CC, c 15, art 5, sec 15-53.)15-53 15-15 § 15-54 H AWAI‘I C OUNTY C ODE Section 15-54. Use of portable engines or motors restricted. The operation or use of a portable motor-driven electric generating plant, pump or other equipment driven by a portable engine or motor outside any developed or public use area without written permission from the director, is prohibited. The director may issue a permit for the use if the director determines that the applicant has submitted satisfactory justification for the use of such equipment, that natural resources will not be impaired, and that no undue interference with public enjoyment of the park area will result. (1983 CC, c 15, art 5, sec 15-54.)15-54 Article 6. Credit Against User Fees for Private Improvements to Parks and Recreational Facilities. Section 15-55. Purpose. Private citizens and civic groups wish to make improvements to County parks and recreational facilities to enable the general public to benefit from those improvements and wish to make such improvements by advancing the cost of improvements from their own funds. Budgetary constraints limit the County in making improvements which the department of parks and recreation wishes to make to its parks and recreational facilities. The council wishes to provide a means by which private citizens and civic groups may be encouraged to make such improvements with the approval of the department of parks and recreation. The council wishes to provide a means by which such private citizens or civic groups may, after donating the completed improvements to the County for the use and benefit of the general public, receive a setoff against certain user fees imposed by the department of parks and recreation for the use of the facility at which the improvements are made. (1983 CC, c 15, art 6, sec 15-55.)15-55 Section 15-56. Procedure. A credit against user fees of the department of parks and recreation may be allowed as provided in this section. In order to receive a credit under the provisions of this section, the following procedure shall be followed: (a) Persons proposing to make any improvement at their expense to real property of the County used for or set aside for recreational purposes shall submit to the department of parks and recreation, a written proposal with attached plans and description of the proposed improvement together with an itemized list of those anticipated expenses that the persons wish to use in computing any credit against future user fees of the department. 15-16 P ARKS AND R ECREATION §15-56 (b) After receipt of the written proposal, the director shall review the proposal. On review, the director will decide whether the proposal is in the public interest and is consistent with the goals and priorities of the director’s department. Among the factors that the director may consider are future maintenance costs of the improvement, the demand for the improvement, the ability of the director’s department to provide alternative facilities with equivalent improvements. (c) The director may require further information and plans and, with mutual consent of the person making the proposal, may alter the proposal. The original proposal with any alterations made by mutual consent shall constitute the final proposal. (d) After the director reviews the final proposal, the director may reject the proposal or authorize the proposal. (1983 CC, c 15, art 6, sec 15-56.)15-56 Section 15-57. Duties of director. Upon authorization of the proposal, the director shall: (a) Allow entry on the land for construction of improvements upon such terms and conditions as the director finds necessary for protecting the public health, safety and welfare or the convenience of operation of the department of parks and recreation. If the work is not done in accordance with the terms and conditions imposed, the director may halt construction and terminate the work. In such event, there shall be no credit allowed against user fees for any such work. (b) Require compliance with all applicable rules, regulations, ordinances, statutes and other laws. Obtain all permits, including building, plumbing, electrical and construction permits, which are required by County, State or Federal laws. (c) Set a dollar amount to be credited against user fees of the department of parks and recreation which are incurred for the facility on which the improvements will be located. (d) Compute the amount of credit by allowing: (1) Reasonable expenses paid out for materials actually used in construction of the improvement. (2) Reasonable expenses paid out for use of equipment used in construction of the improvement. (3) Reasonable expenses paid out for labor used in construction of the improvement. (4) Proof of expenditures made may be by receipt or affidavit or any other means which satisfies the director that such expenditures were made. (e) Require the persons proposing the improvement to submit a written document offering the improvement as constructed for dedication to the County before allowing any credit against user fees. (1983 CC, c 15, art 6, sec 15-57.)15-57 15-17 § 15-58 H AWAI‘I C OUNTY C ODE Section 15-58. Limitation on application of credit. (a) The amount of credit allowed in section 15-57 shall be applied only as a credit against user fees otherwise payable for the facility on which the improvements will be located. (b) No credit shall be allowed against user fees incurred more than twenty years after the date that the improvement is accepted by the County. (c) The credit may not be assigned or transferred to any other person. (d) The credit shall not be used in lieu of any fee or charge not a user fee, including security or clearing deposits or fees, nor shall the credit be used in lieu of any requirement of insurance or surety. (1983 CC, c 15, art 6, sec 15-58.)15-58 Section 15-59. Application of credit against user fees. Subject to the limitations in section 15-58, the department of parks and recreation shall apply against user fees, incurred by a person allowed credit under this section, the amount of credit in dollars specified by that person, provided, that the amount of credit used shall not exceed the credits of that person nor shall it exceed the amount of applicable user fee. The application of such credit to reduce user fees shall reduce the amount of credits remaining to that person by a dollar amount equal to the reduction in user fees. (1983 CC, c 15, art 6, sec 15-59.)15-59 Section 15-60. Restoration of credits. Credits applied under section 15-59 above may be restored by the department of parks and recreation under the same terms and conditions applicable for refund of users fees, provided that no cash payment shall be made by or on account of a restoration of credit authorized by this provision. On or before January 1, 1980, any person, who has made improvements on County land before July 16, 1979 and which improvements have not been accepted for dedication by the council, may apply to the director for credit in the manner prescribed above. The director shall allow a credit only if such improvements are in dedicable condition and only upon submission of a written document offering the improvement as constructed for dedication to the County. The director shall compute the credit as provided above. (1983 CC, c 15, art 6, sec 15-60.)15-60 15-18 P ARKS AND R ECREATION §15-61 Article 7. Veterans Advisory Committee. Section 15-61. Organization. The veterans advisory committee shall be composed of twelve members, who shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor with the approval of the council. In addition, the Hawai‘i Island Veterans Services Counselor of the Office of Veterans Services (Department of Defense of the State of Hawai‘i) and the Director of the Department of Parks and Recreation, or their designated representatives, shall serve as ex-officio members of the committee, without the power to vote. (1986, ord 86-123, sec 2; am 1990, ord 90-5, sec 2; am 1994, ord 94-21, sec 1; am 2002, ord 02-117, sec 2; am 2006, ord 06-159, sec 1; am 2017, ord 17-57, sec 2.)15-61 Section 15-62. Membership and tenure. (a) The members shall serve staggered terms of five years. (b) The membership of the committee shall include one representative each from the American Legion, Big Island National Guard Retirees Association, Big Island Retired Military Association, and Veterans of Foreign Wars. The committee shall also include eight at-large members. Seven or more of the twelve members of the committee shall have served in the United States uniformed services; provided that the committee may still meet and conduct business if due to a vacancy or vacancies less than seven members have served in the United States uniformed services. (c) Initially, two members shall be appointed for a term of one year, two members shall be appointed for a term of two years, three members shall be appointed for a term of three years, three members shall be appointed for a term of four years, and three members shall be appointed for a term of five years. (d) Any vacancy on the committee shall be filled for the remainder of the unexpired term, but members whose terms have expired may continue to serve until their successors have been appointed and confirmed. (e) Members shall be eligible to succeed themselves for additional terms, provided that no member shall serve on the committee for more than three consecutive terms. (1986, ord 86-123, sec 2; am 1990, ord 90-5, sec 3; am 1994, ord 94-21, sec 1; am 1996, ord 96-124, sec 1; am 1997, ord 97-125, sec 1; am 2002, ord 02-117, sec 2; am 2006, ord 06-159, sec 2; am 2007, ord 07-53, sec 2; am 2017, ord 17-57, sec 3; am 2021, ord 21-65, sec 2; am 2023, ord 23-19, sec 1.)15-62 Section 15-63. Meetings of the committee. There shall be a chairperson and vice chairperson of the committee who shall be elected biennially by the members from their membership. The chairperson shall have served in the United States uniformed services. The meetings of the committee shall be called at the discretion of the chairperson or at the request of the majority of the members of the committee with the time and place to be determined by the chairperson. (1986, ord 86-123, sec 2; am 1994, ord 94-21, sec 1; 2021, ord 21-74, sec 1.)15-63 SUPP. 14 (7-2023) 15-19 § 15-64 H AWAI‘I C OUNTY C ODE Section 15-64. Powers and duties of the committee. It shall be the duty of the committee to act in an advisory capacity to the mayor and the council concerning all matters pertaining to the operation, management, and maintenance of the veterans cemeteries in the County, and discuss and make recommendations on issues affecting veterans residing in Hawai‘i County. At the request of the mayor or the council, the committee shall discuss and make recommendations on other specific veterans-related issues. The committee may recommend such rules and regulations as it may deem necessary for the enhancement and proper management of the veterans cemeteries, or for the orderly transaction of matters referred to it. (1986, ord 86-123, sec 2; am 1994, ord 94-21, sec 1; am 2019, ord 19-3, sec 2.)15-64 Article 8. Naming of Facilities. Section 15-65. Purpose. The council wishes to establish systematic guidelines to be used in the naming of County parks and recreational facilities. (1987, ord 87-134, sec 1.)15-65 Section 15-66. Definitions. As used in this article: (1) “Aesthetic areas” shall include scenic and historic sites, ponds and waterfalls. (2) “Open areas” shall include parks, playgrounds, fields and totlots. (3) “Recreational facilities” means all County facilities classified herein as aesthetic areas, open areas, special interest areas, and structures. (4) “Special interest areas” shall include tennis courts, golf courses, zoos, botanical gardens, equestrian center and rodeo arenas, archery ranges, rifle and skeet ranges, drag strips and other raceways, and any other facility operated or owned by the County of Hawai‘i which has as its purpose the recreation, entertainment or leisure activity of members of the public as either participants or spectators. (5) “Structures” shall include gymnasiums, community centers, senior centers, cultural centers, pavilions, covered arenas and courts, stadiums, theaters, and any other construction which is under the administration of the department of parks and recreation of the County. (1987, ord 87-134, sec 1.)15-66 SUPP. 6 (7-2019) 15-20 P ARKS AND R ECREATION §15-67 Section 15-67. Naming of recreational facilities. (a) The names of all recreational facilities shall be designated in accordance with requirements set forth herein: (1) Aesthetic areas. Any aesthetic area shall: (A) Retain any existing name which has been historically accepted through common usage; or (B) Be named, preferably in the Hawaiian language, in a manner which describes significant features or the geographic location of said aesthetic area. (2) Open areas. Any open area shall: (A) Be named for its neighborhood, community, region, district or other identifying geographical location; or (B) Be named for a former member of the Hawaiian monarchy; or (C) Be named or re-named for a person or persons alive or deceased, who meet one or more of the following criteria: (i) The person has contributed significantly to the recreational programs in the community in which the open area is located; (ii) The person has achieved significant recognition on the national or international level; (iii) The person has been honored for service with the armed forces of the United States of America; or (iv) The person has accomplished significant achievements in other fields of endeavor which have been of benefit to other persons. (D) Where the use of a geographical name as described in subsection (2)(A) would lead to duplication of an already existing name of a recreational facility, the facility shall be named after the primary street which it abuts, or be given a name in the Hawaiian language which describes its site. (3) Special interest areas. Any special interest area shall: (A) Be named for its neighborhood, community, region, district, or other identifying geographic location; or (B) Where use of a geographical name as described in subsection (3)(A) would lead to duplication of an already existing name of a recreational facility, the facility shall be named after the primary street which it abuts, or be given a name in the Hawaiian language which describes its site. 15-21 § 15-67 H AWAI‘I C OUNTY C ODE (4) Structures. Any structure shall: (A) Be named for its neighborhood, community, region, district, or other identifying geographic location; or (B) Be named or re-named for a person or persons alive or deceased, who meet one or more of the following criteria: (i) The person has contributed significantly to the recreational programs in the community in which the structure is located; (ii) The person has achieved significant recognition on the national or international level; (iii) The person has been honored for service with the armed forces of the United States of America; or (iv) The person has accomplished significant achievements in other fields of endeavor which have been of benefit to other persons. (b) Where the name of any person or persons is proposed as the name for an open area or structure, pursuant to subsection (2)(C) or (4)(B), the following information shall be included in the proposal: (1) The full name of the person; (2) The date of birth and, if appropriate, the date of the death of the person; (3) The current or last residence of the person, including street address, town, and district; (4) Association, if any, of the person with the open area or structure to be named; and (5) A brief biography of the person, including all data relevant to the commemorative naming. (1987, ord 87-134, sec 1; am 2005, ord 05-45, sec 2.)15-67 Section 15-68. Procedure for naming parks and recreational facilities. All parks and recreational facilities shall be named by ordinance and included within Schedule 15-68.1 of the Hawai‘i County Code. (1987, ord 87-134, sec 1; am 2000, ord 00-15, sec 1.)15-68 15-22 P ARKS AND R ECREATION § 15-68.1 Section 15-68.1. Parks and recreational facility schedule. PARKS North Hilo 3-6-009:031 (Por.) 3-6-009:033 3-6-002:013, 024, 026, 038 3-6-002:031 3-5-004:059 (Por.) 3-9-001:011 ‘aloa Park 3-5-003:088 Waikaumalo Park3-2-002:062 South Hilo 2-4-063:081 2-5-018:026 2-4-041:069 Baker’s Beach 2-1-006:077; 2-1-007:011, 025 Carlsmith Beach Park2-1-017:019, 021, 022, 051, 058, 059 Clem Akina Park2-6-007:027; 2-6-008:026 (Por.) East Hawai‘i Cultural Center 2-3-006:004 Frank M. Santos Park 2-7-004:121 Gilbert Carvalho Park2-3-026:005, 009; 2-3-025:005 (median) Hakalau Beach Park 2-9-002:080 Hakalau Gym 2-9-002:091 Hakalau Veterans Park 2-9-002:004 Happiness Gardens 2-1-003:013 Hilo Armory 2-3-004:008 Hilo Bayfront Beach 2-2-001:027; 2-2-002:035; 2-2-002:034; 2-2-003:046; 2-2-004:056 Hilo Bayfront Park 2-2-004:028, 035; 2-2-005:002 Hilo Bayfront Soccer Fields 2-2-004:002; 2-2-006:001; 2-2-007:018; 2-2-011:001; 2-2-012:016 Hilo Drag Strip2-1-013:153 Hilo Municipal Golf Course2-4-016:001; 2-4-002:001, 129, 130 Hilo Skate Park2-2-033:013 Hilo Skeet Range 2-1-013:002 (Por.) Honoli‘i Beach Park 2-6-026:001 2-8-014:001 SUPP. 14 (7-2023) 15-23 § 15-68.1 H AWAI‘I C OUNTY C ODE PARKS (continued) South Hilo (continued) Ho‘olulu Complex 2-2-032:031, 035, 084, 094; (1) Afook-Chinen Civic Auditorium 2-2-033:001, 016 (2) Aunty Dottie Thompson Hale (3) Aunty au Hale (4) Charles “Sparky” Kawamoto Swim Stadium (5) Edith Kanakaole Multi-Purpose Stadium (6) Dr. Francis F. C. Wong Stadium James “Jimmy” Correa Ballfield (7) Walter C.K. Victor Baseball Complex Hualani Park2-1-023:120 (1) Princess Kawananakoa Center (2) Ronald Futoshi “Harpo” Saiki Officials’ Stand James Kealoha Beach Park2-1-016:003 Kaipalaoa Landing 2-3-004:001 Kaiwiki Park 2-6-010:016 2-3-005:001 (1) War Memorial Pond 2-4-056:019 Kanakea Pond 2-1-006:010 2-5-040:012 2-5-060:007 Keikiland Playground 2-2-018:043 Kolekole Gulch Park 2-8-015:015 Kuawa Ballfields 2-2-032:003, 004, 008, 019, 087, 088 2-1-006:013; 2-1-006:015 Kula‘imano Park 2-8-007:070, 079 2-1-017:018 Lehia Beach Park2-1-013:005, 006 Leleiwi Beach Park 2-1-017:018, 053, 054 Liholiho Garden 2-3-006:003 Lili‘uokalani Gardens 2-1-003:001, 017, 018 SUPP. 16 (7-2024) 15-24 P ARKS AND R ECREATION § 15-68.1 PARKS (continued) South Hilo (continued) Lincoln Park 2-3-010:001 (1) Dr. Ruth E. Oda Playground Lincoln Park Tennis Courts 2-3-012:046 2-4-052:020 Machado Acres Park2-4-060:001; 2-4-029:028 2-2-056:026 Mohouli Park2-4-001:161 Mokuola Island2-1-003:019 Mo‘oheau Park 2-3-001:002 NAS Swimming Pool2-1-012: 149 (Por.) Onekahakaha Beach Park 2-1-014:013, 035-037, 067 (1) Uncle David K. Calles, Sr. Horseshoe Courts Pana‘ewa Equestrian Center2-4-004:144 (1) Alvin “Al” Cabral Rodeo Arena Grandstand Pana‘ewa Park 2-2-059:011 Pana‘ewa Rainforest Zoo and Gardens 2-4-004:001 Paukaa Park 2-7-040:010 Pepe‘ekeo Community Center 2-8-006:012 Piihonua School Grounds2-5-028:017 Reeds Bay Beach Park 2-1-005:001, 028 Richardson Ocean Park2-1-019:010 University Heights Park 2-4-024:164 Veterans Memorial Park 2-2-013:003 (Por.) 2-2-032:033 Uka Park 2-4-035:001, 002, 004 (1) Uka Gym 2-2-042: 017 (Por.) (1) Andrews Gym Wainaku Gym2-6-013:030 Wainaku Playground2-6-013:025 Wai‘olena Beach Park 2-1-018:026 Wai‘uli Beach Park 2-1-019:009 SUPP. 14 (7-2023) 15-25 § 15-68.1 H AWAI‘I C OUNTY C ODE PARKS (continued) Gilbert Kahele Recreation Area 4-4-016:003 (Por.) Haina Park 4-5-002:049 Honokaa Rodeo Arena 4-5-003:018 (1)Rose Andrade Correia Stadium Honokaa Sports Complex4-5-010:088, 090 (1)Lala Epenesa, Jr. Ballfield Honokaa Swimming Pool 4-5-003:020 (Por.) Honokaa Tennis Courts 4-5-010:079 Kukuihaele Park4-8-006:010 (1) Takashi “Taka” Domingo Pavilion Paauilo Park 4-3-018:054 Waipi‘o Community Park 4-8-004:006 Waipi‘o Lookout 4-8-004:017 Honuapo Beach Park 9-5-014:002-007, 027, 052-059 Kahuku Park9-2-094:036; 9-2-101:032 Kawa Bay 9-5-017:007 Laurence J. Capellas Ballfield 9-6-005:008 (Por.), 039 9-5-021:023 9-6-023:044 9-6-005:008 (Por.) 9-6-005:008 (Por.) Punalu‘u Black Sand Beach Park9-6-001:006, 011, 012 Representative Robert N. Herkes 9-6-005:008 (Por.) Gymnasium and Shelter 9-5-001:031 Whittington Beach Park 9-5-014:001, 060 (Por.) SUPP. 14 (7-2023) 15-26 P ARKS AND R ECREATION § 15-68.1 PARKS (continued) North Kohala Kamehameha Park 5-4-005:016; 5-4-009:004 (1) Ikuo Hisaoka Gymnasium (2) Kohala Intergenerational Center (3) Kohala Swimming Pool (4) North Kohala Veteran’s Field (5)Shiro Takata Field Kapa‘a Beach Park5-6-001:060 5-2-001:016 Mahukona Beach Park 5-7-003: 013 (Por.) Mahukona Wharf 5-7-003:004, 018 North Kohala Senior Center 5-4-005:001 North Kohala Senior Programs Center 5-4-005:002, 003 South Kohala Hooko Park 6-8-002:059 Kamakoa Nui Park 6-8-041:008 Kawaihae Canoe Area 6-1-003:014 Ke Ala Kahawai o Waimea 6-5-003:004, 6-6-003:006 (Por.) Lily Yoshimatsu Senior Center 6-7-002:025 Ouli Park 6-2-007:001 Puu Nui Park 6-8-013:001 Spencer Kalani Schutte District Park6-7-002:063 6-2-002:008, 011 (1) Samuel Mahuka Spencer Pavilion Waimea Church Row Park6-5-004:006 Waimea Park6-5-007:001, 002, 024 Waimea Soccer Fields 6-7-002:011 (Por.) SUPP. 14 (7-2023) 15-26.1 § 15-68.1 H AWAI‘I C OUNTY C ODE PARKS (continued) North Kona Ali‘i Kai Park7-6-019:034 7-5-008:010 Harold H. Higashihara Park 7-8-005:022 Kahalu‘u Beach Park 7-8-014:001 Kailua Park 7-5-005:007, 072-074, 079, 082-083 (1) Kekuaokalani Gymnasium (2) Kona Community Aquatic Center (3) (4) Old Kona Airport Beach Park Kailua Playground7-5-009:032 Kealakehe Regional Park 7-4-020:007 Kipapa Park 7-7-008:100 Kohanaiki Beach Park7-3-063:012 (Por.), 013; 7-3-064:021-022 Kona Hillcrest Park 7-5-030:026 Kona Imin Center 7-6-003:020 Ku‘emanu Heiau 7-8-014:004, 005 La‘aloa Park 7-7-010:036 Lokahi Makai Park 7-3-061:050 Magic Sands Beach Park7-7-008:017, 035, 093-094, 106-107 7-7-008:026, 064 Wai‘aha Beach Park 7-5-018:020, 088 (Por.) Walua Trail 7-7-007: William Charles Lunalilo Playground7-5-041:052 South Kona Arthur L. Greenwell Park 8-2-013:005 (1) Sgt. Rodney J.T. Yano Memorial Hall Clarence Lum Won Park8-1-024:031; 8-1-036:002 8-4-013:014 8-4-008:002 Ho‘okena Beach Park 8-6-013:020, 021, 029-031, 046-048 Konawaena Swimming Pool8-1-005:013 (Por.) Miloli‘i Beach Park 8-9-004:001 Napoopoo Beach Park 8-2-006:025 SUPP. 14 (7-2023) 15-26.2 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) Volcano Park 1-9-003:017 Waiakahiula Beach Park 1-5-063:001 SUPP. 16 (7-2024) 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.)15- 68.1 SUPP. 16 (7-2024) 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 Mo‘oheau Park Kohala Kamehameha Park SUPP. 12 (7-2022) 15-27 § 15-72 H AWAI‘I C OUNTY C ODE Kona Puna Volcano 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.)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. 12 (7-2022) 15-27.1 P ARKS AND R ECREATION This page intentionally left blank. SUPP. 3 (1-2018) 15-27.2 § 15-74 H AWAI‘I C OUNTY C ODE Article 10. Municipal Golf Course Funds. Section 15-74. Creation. There is created and established special funds to be known as the “municipal golf course funds.” (1995, ord 95-53, sec 1.)15-74 Section 15-75. Purpose. All income generated from each municipal golf course shall be deposited into its respective, individual municipal golf course fund to be expended by the department solely for the operation, maintenance and improvement of that particular municipal golf course. (1995, ord 95-53, sec 1.)15-75 Section 15-76. Administration. The director shall be responsible for the administration of all municipal golf course funds in accordance with prescribed laws and procedures applicable to the expenditure of county funds. (1995, ord 95-53, sec 1.)15-76 Article 11. Dog Parks. Section 15-77. Purpose. The purpose of this article is to create a policy for establishing County park areas to be used exclusively by dogs and their handlers. (2009, ord 09-113, sec 1.) 15-77 Section 15-78. Definitions. For purposes of this article: “Adult dog” means a dog over twelve months of age. “Dangerous dog” means any dog that, without provocation, attacks a person or animal. A dog’s breed shall not be considered in determining whether or not it is dangerous. “Dog park” means an enclosed area within a County park that has been designated for use as an off-leash dog area or a park for the exclusive use of dogs and their handlers, and listed in the facility schedule in this article. “Enforcement Officer” means a police officer or animal control officer. “Handler” means the person who brought the dog to the dog park and is responsible for the dog. The handler shall either be the owner of the dog or a responsible person that has been permitted by the owner to bring the dog to the dog park. “Mobility device” means a device used by individuals with mobility impairment for the purpose of locomotion. A mobility device may be powered by the individual or some other source. 15-28 P ARKS AND R ECREATION §15-78 “Off-leash area” means the fenced, secured section where the dog is allowed to exercise and train without a leash. “On-leash area” means any area not included inside the fenced and secured dog park section, the transition areas between the park, or a handler’s vehicle and the off- leash area. “Puppy” means a dog between birth and twelve months of age. “Shared-use or multi-use park” means a park that has playground equipment, an athletic playing field, or any other use that attracts children and also has a designated dog park on the same property. (2009, ord 09-113, sec 1.) 15-78 Section 15-79. Applicability This article applies to any County-owned and designated dog park or any portion of a multi-use park where an area is designated as a dog park, and is appropriately fenced and signed. Only areas listed in the facility schedule of this article shall be authorized as County dog parks. The provisions of Hawai‘i Revised Statutes section 663-9, regarding dog owner liability and Hawai‘i County Code, chapter 4, as it relates to dogs, are applicable to all users of designated dog parks. (2009, ord 09-113, sec 1.) 15-79 Section 15-80. Designation and regulation of dog parks. (a) The director, with the approval of the council, may designate any County park as a shared-use park and allocate an area as an off-leash area for dogs, or authorize a location exclusively for a dog park. (1) In designating County parks for the exclusive use of dogs and their handlers or portions of county parks or areas therein as a shared-use park with an off- leash area, the director shall consider the park’s size, location, and frequency of use by members of the public, as well as the primary, actual, or designed use of each park or area. (2) The director shall post signs that notify the public of such off-leash or on-leash areas for dogs and describe or map the park or park areas so designated. (3) Areas for off-leash dogs shall be appropriately fenced. (b) If practicable, the director may designate a separate, fenced, and secure section within a dog park to accommodate dogs that weigh twenty pounds or less. In addition, the director may also designate a play and training section for the protection of puppies that shall be similarly segregated and secure from other areas of the dog park. (c) The director shall adopt rules pertaining to dog parks. (2009, ord 09-113, sec 1.) 15-80 15-29 § 15-81 H AWAI‘I C OUNTY C ODE Section 15-81. Liability; responsibility of handler. (a) The handler shall be responsible for all actions, behavior, injuries, or damage caused by its dogs while on County park property. (b) The handler shall be responsible for removing any feces, vomit or other waste matter produced by its dogs from the park and depositing it in an appropriate container. (c) The handler shall keep its dogs on a leash no longer than six feet in length when entering the park and moving the dogs into the off-leash area. (d) When in the off-leash area, the handler shall control its dogs by sound or voice command. (e) The handlers shall closely supervise minor children that accompany them to the dog park. (f) The County is not liable for any injury or harm to any person or dog incurred or caused by any other person or dog entering or remaining in the on-leash or off-leash park. The provisions of Hawai‘i Revised Statutes section 663-9, regarding dog owner liability and Hawai‘i County Code, chapter 4, as it relates to dogs, are applicable to all users of designated dog parks. (g) The director has the right to deny any person or dog access to any or all dog parks in accordance with administrative rules of the department of parks and recreation. (2009, ord 09-113, sec 1.) 15-81 Section 15-82. No alcohol, drug use, or food shall be allowed in dog parks. (a) Alcohol and/or drug use is prohibited in dog parks at all times and the handler shall not be under the influence of alcohol or drugs while escorting, transiting, or training a dog in a dog park subject to the provisions of this article as well as other State and County codes for violations. (b) Absolutely no food, including dog food or treats, shall be allowed in the off-leash area. (2009, ord 09-113, sec 1.) 15-82 Section 15-83. Noise-producing devices prohibited. (a) Due to the need for each handler to keep its dog under voice and sound control within the dog park, the use of any noise-producing devices including radios, television sets, musical instruments, boom boxes, electric generating plants, or other equipment driven by motors or engines is prohibited in a dog park or in a shared-use park where a designated area for a dog park exists, or at the discretion of the director. (b) This section shall not prohibit the use of equipment for law enforcement or custodial maintenance purposes, or the use of mobility devices in a dog park. (2009, ord 09-113, sec 1.) 15-83 15-30 P ARKS AND R ECREATION §15-84 Section 15-84. Current dog vaccinations required. (a) To protect all dogs using a dog park, each handler shall keep its dog’s vaccination current and provide documentation of such to enforcement officers, upon request. Documentation shall consist of medical records, vaccine certificates, and/or receipts. Each dog shall have required vaccinations against common infectious diseases, be free of internal parasites, and be treated for ticks and other external parasites before entering a dog park. (b) Required vaccinations: (1) Distemper virus (2) Infectious Canine Hepatitus (3) Leptospirosis (4) Parvo virus (c) Recommended, but non-essential vaccinations: (1) Parinfluenza (2) Bordetella (2009, ord 09-113, sec 1.) 15-84 Section 15-85. Handler’s responsibilities; control of dogs. (a) Any dog transiting to and from the handler’s vehicle or outside the designated off- leash area shall be on a leash no longer than six feet. (b) The handler shall carry a leash no longer than six feet for each dog in its care in the off-leash area. (c) The handler shall not bring more than two dogs into the off-leash area at any one time. (d) To prevent injury, the handler shall remove pinch or choke collars from the dog when it is in the off-leash area. (e) For health and safety reasons: (1) A handler shall not bring a puppy under the age of sixteen weeks into any dog park. (2) Female dogs in estrus shall be prohibited from entering any on-leash or off- leash parks. (3) When any dog is in the off-leash area, the handler shall remain in the off-leash area to supervise its dogs, and keep the dogs within view and under verbal, sound, or signal control at all times. (4) Each handler in the off-leash section shall be at least eighteen years of age. Minor children entering the off-leash section shall be accompanied by an adult. (5) All dogs shall have a valid dog license tag attached to the dog’s collar while in the dog park. (6) The handler shall comply with all other dog park rules, as established by the director and posted in an easily visible location of each dog park. (2009, ord 09-113, sec 1.) 15-85 15-31 § 15-86 H AWAI‘I C OUNTY C ODE Section 15-86. Dog behavior. (a) The handler shall ensure that its dogs demonstrate appropriate social interaction at all times toward people and other dogs. (b) Dogs displaying aggressive behavior toward people or other dogs shall be immediately leashed and removed from the off-leash area, out of the dog park, and any other portion of the County park. (c) The provisions and penalties set forth in chapter 4, article 4, section 4-31, Regulation of dangerous dogs, are applicable to this article. In addition to the penalty provisions set forth in that section, any enforcement officer may also issue a trespass notice against the handler of any dog that is dangerous or vicious toward any other dog or person. (2009, ord 09-113, sec 1.) 15-86 Section 15-87. Dog park entry requirements; fees. (a) Each dog entering a dog park shall have a dog license tag pursuant to Hawai‘i County Code, chapter 4, article 3. The dog license tag shall be attached to the dog’s collar, and such collar shall remain on the dog at all times while in the dog park or moving to or from the dog park. (b) Each dog entering a dog park shall wear an individual dog park entry tag indicating that the annual dog park entry fee has been paid to the County or the County’s designated representative. Payment of the annual dog park entry fee entitles the handler to a single, colorized dog park entry tag applicable only to the dog to whom it was issued. The dog park entry tag shall be colored by calendar year. There shall be a one month’s grace period (January) during which time a dog may still have the dog park entry tag for the previous calendar year. The dog park entry tag allows the authorized dog to enter any county dog park unless the handler has been issued a trespass notice against personally entering a dog park or against that particular dog. (c) Dog park entry tag fees: (1) Each puppy ......................................................................................................... $5 (No pictures shall be required. Includes the administrative fee.) (2) Initial adult dog park entry application, per dog ............................................ $25 (Initial application shall include pictures of both sides and the face of the dog. Includes the administrative fee.) (3) Renewal fee for an adult dog, per dog .............................................................. $10 (Does not require additional pictures or an additional dog license tag for identification purposes. Includes the administrative fee.) (4) Administrative fee .............................................................................................. $5 (d) If the ownership of the dog changes, the new owner shall complete an application, have new dog pictures taken, and pay the administrative fee to the County or the County’s designated representative to transfer ownership of the dog and its dog park entry tag. (e) All fees shall be paid to the County of Hawai‘i within thirty days and deposited in the general fund of the County of Hawai‘i. (2009, ord 09-113, sec 1.) 15-87 15-32 P ARKS AND R ECREATION §15-88 Section 15-88. Violation of regulations; penalties. (a) Each separate violation of the provisions of this article is a violation and upon conviction, shall be punished by a fine not to exceed $1,000. Conduct that is proscribed under Hawai‘i County Code, chapter 4, article 4, as it relates to dogs, shall be enforced under that chapter. (b) Failure to have a current dog license tag on the dog’s collar when entering a dog park constitutes a violation of this article. (c) Failure to have a current dog park entry tag on the dog’s collar when entering a dog park constitutes a violation of this article. In addition to any penalty, the owner shall pay the dog park entry tag fee for that calendar year. (d) Failure to maintain current vaccinations for a dog entering a dog park constitutes a violation of this article. Medical records, vaccination certificates, and/or receipts showing current vaccination shall be provided by the handler upon request of the enforcement officer. (e) All fines collected under this article shall be deposited within thirty days into the general fund of the County of Hawai‘i. (f) A one-year, no-trespassing notice against a person or dog may be issued by an enforcement officer for any violation of this article or any violation of posted park rules. A court of competent jurisdiction may extend the no-trespass period of time beyond one year for any violation of any section this article. (2009, ord 09-113, sec 1.) 15-88 Section 15-89. Dog park facility schedule. All dog parks shall be named by ordinance and added to the following facilities schedule: DOG PARKS Kohala Hilo Kona Puna (2009, ord 09-113, sec 1.) 15-89 Section 15-90. Severability. If any provision of this article is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. (2009, ord 09-113, sec 1.) 15-90 15-33 § 15-91 H AWAI‘I C OUNTY C ODE Article 12. Pesticide Use in County Parks and Recreational Facilities. Section 15-91. Definitions. As used in this article, unless otherwise specified: “County park and recreational facility” means a park or recreational facility listed in section 15-68.1, the County’s park and recreational facility schedule. “Emergency” means an urgent need to mitigate or eliminate a plant pest that threatens public health and safety. “Minimum risk products and methods” are products and methods that are not required to be regulated by the Environmental Protection Agency under 40 CFR 152.25. “Pesticide” means: (1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; or (2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. (2022, ord 22-3, sec 2.) 15-91 Section 15-92. Glyphosate-based pesticides in County parks and recreational facilities prohibited. (a) Except as otherwise provided in this article, the County shall not use, or permit to be used by County contractors, pesticides that contain glyphosate as its active ingredient in all County parks and recreational facilities on or after July 1, 2022. (b) This ordinance shall not be construed to prohibit the use of glyphosate-based pesticides by persons or entities other than the County. (2022, ord 22-3, sec 2.) 15-92 Section 15-93. Exemptions. (a) This article does not prohibit private property owners or those in control of private property, that is located adjacent to a County road easement from using glyphosate- based pesticides on that easement, provided such activity is not in violation of the provisions of chapter 149A, Hawai‘i Revised Statutes. (b) The Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries are exempt from the provisions of this article, except for the provisions of section 15-94, relating to the use of other synthetic pesticides. (c) Emergency. Should an emergency arise that necessitates a temporary exemption to the provisions of this article, the mayor or applicable department may submit a formal request to the council for such an exemption, provided that: actions taken during an exemption period are solely for the purpose of mitigating a public health hazard or emergency; all other methods available are demonstrated to be inadequate in mitigating said emergency; and that a time frame for this exemption to take place is presented and affirmed. Requests for an emergency exemption from the provisions of this article shall be made by official communication from the mayor or applicable department making the request for exemption. (2022, ord 22-3, sec 2.) 15-93 SUPP. 13 (1-2023) 15-34 P ARKS AND R ECREATION §15-94 Section 15-94. Use of other synthetic pesticides in County parks and recreational facilities. (a) When a pesticide other than one that is glyphosate-based or that is not considered a “minimum risk product and method,” is applied by the County onto a County park or recreational facility, pesticides shall be applied in accord with the following: (1) Pesticide applications shall comply with the provisions of chapter 149A-31(1), Hawai‘i Revised Statutes; (2) The area sprayed shall be made inaccessible to the public until the sprayed product dries, but for no less than four hours, or in accordance with the product’s label; and (3) All directions on the label must be adhered to, such as wind or rain condition restrictions. (b) A visible notice, in the form of temporary signage shall be posted at the location of pesticide application, identifying the pesticide used by name. (2022, ord 22-3, sec 2.) 15-99 SUPP. 13 (1-2023) 15-35 This page intentionally left blank. CHAPTER 16 PLANNING Article 1. General Plan. Section 16-1. The County of Hawai‘i general plan. Article 2. Community Development Plans. Section 16-2. Adoption of community development plans. Section 16-3. Review and amendment. Article 3. CDP Action Committees. Section 16-4. CDP action committees. Section 16-5. Membership and tenure. Section 16-6. Duties and responsibilities of the CDP action committees. i This page intentionally left blank. 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 Judicial District of the County of Hawai‘i. CDP 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 incorporated 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 § 16-2H 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 primary residence in the area covered by the CDP. 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.) 16-5 SUPP. 5 (1-2019) 16-2 P LANNING§16-6 Section 16-6. Duties and responsibilities of the CDP action committees. (1) Provide ongoing guidance and advocacy to advance implementation of the CDP goals, objectives, policies, and actions; (2) Broaden community awareness of the CDP and build partnerships, as appropriate, with governmental and community-based organizations to implement CDP policies and actions; (3) Take into consideration statewide objectives and legislation for long-term and sustainable plans for the island as a whole; (4) Provide timely recommendations to the County on priorities relating to the County operational budget and the CIP budget and program; (5) Receive briefings, as requested, from the planning department on pending and approved permit applications involving property located within the planning area, and on other issues related to the CDP; (6) Receive briefings from other County agencies, as requested, on priority actions identified in the CDP, which briefings may be integrated and consolidated by the mayor’s office or the planning department into a plan of action for the forthcoming year and a status report on the current year’s plan of action; (7) Monitor the progress and effectiveness of the CDP including the need for CDP revisions based on emerging statewide plans, new technologies, innovative ideas, or changing conditions; (8) Review and make recommendations on interim amendments to the CDP; (9) Serve as the steering committee, as set forth in the general plan, in any comprehensive update of the CDP; (10) Provide recommendations to amend the general plan; and (11) Carry out other duties specified in the CDP and/or in agreement with the planning department. (2008, ord 08-98, sec 4.) 16-6 16-3 This page intentionally left blank. CHAPTER 17 FIRE Article 1. Hawai‘i County Fire Code. Division 1. General Provisions. Section 17-1-1. Title. Section 17-1-2. Purpose. Section 17-1-3. Scope. Section 17-1-4. Definitions. Section 17-1-5. Permits. Division 2. Installation Requirements. Section 17-1-21. National Fire Protection Association 1, Fire Code and Hawai‘i State Fire Code. Article 2. Fireworks Code. Division 1. General Provisions. Section 17-2-1. Title. Section 17-2-2. Definitions. Section 17-2-3. Public information. Division 2. Prohibitions. Section 17-2-21. General prohibitions. Section 17-2-22. Minors. Section 17-2-23. Liability of parents or guardians. Division 3. Licenses. Section 17-2-31. License required. Section 17-2-32. General license provisions. Section 17-2-33. License application process. Section 17-2-34. Applications to include. Section 17-2-35. Application fees. Section 17-2-36. Requirements of licensee. Section 17-2-37. Compliance and revocation. SUPP. 14 (7-2023) i Division 4. Permits. Section 17-2-41. Permits. Section 17-2-42. Firecrackers. Section 17-2-43. Consumer fireworks for cultural purposes. Section 17-2-44. Aerial devices, display fireworks, and articles pyrotechnic. Section 17-2-45. General permit provisions. Section 17-2-46. Permit application process. Section 17-2-47. Compliance and revocation. Division 5. Importation and Exportation. Section 17-2-51. Licensee’s duty of notification. Section 17-2-52. Inspection of fireworks. Section 17-2-53. Importation and storage. Division 6. Enforcement and penalties. Section 17-2-61. Penalties. Article 3. Fire board of appeals. Section 17-3-1. Definitions. Section 17-3-2. Fire board of appeals established; appointment; qualifications. Section 17-3-3. Powers; duties; functions. Section 17-3-4. Appeals. Section 17-3-5. Meetings. Section 17-3-6. Records. Section 17-3-7. Decisions. SUPP. 14 (7-2023) ii F IRE § 17-1-1 CHAPTER 17 FIRE* * Editor’s Notes: Chapter 26, “fire,” was repealed by ordinance 23-8, section 4, and replaced with chapter 17. Article 1. Hawai‘i County Fire Code. Division 1. General Provisions. Section 17-1-1. Title. This article shall be known as the fire code. (2023, ord 23-8, sec 1.) 17-1-1 Section 17-1-2. Purpose. The purpose of this article is to adopt the Hawai‘i State Fire Code as required by section 107-28, Hawai‘i Revised Statutes. This document incorporates, subject to amendment, the 2018 NFPA 1 and the 2018 Hawai‘i State Fire Code as adopted in section 12-45.4, Hawai‘i Administrative Rule, January 19, 2021. \[2018 HSFC: 1\] (2023, ord 23-8, sec 1.) 17-1-2 Section 17-1-3. Scope. This article sets forth minimum requirements necessary to establish a reasonable level of fire and life safety and property protection from the hazards created by fire, explosion, and dangerous conditions. \[2018 HSFC: 2\] (2023, ord 23-8, sec 1.) 17-1-3 Section 17-1-4. Definitions. In this article, unless the context otherwise requires: “Annex” means the explanatory material attached to the NFPA 1, Fire Code 2018. “Authority having jurisdiction” or “AHJ” means the Hawai‘i fire department. “Fire chief” means the fire chief of the Hawai‘i fire department or the chief’s designee. “Fire department” means the Hawai‘i fire department. “New construction” means the scope of a construction project currently permitted under chapter 5. “NFPA” means the National Fire Protection Association. \[2018 HSFC: 3\] (2023, ord 23-8, sec 1.) 17-1-4 SUPP. 14 (7-2023) 17-1 § 17-1-5 H AWAI‘I C OUNTY C ODE Section 17-1-5. Permits. A permit from the AHJ may be required for any area regulated by this article. \[2018 HSFC: 5\] (2023, ord 23-8, sec 1.) 17-1-5 Division 2. Installation Requirements. Section 17-1-21. National Fire Protection Association 1, Fire Code and Hawai‘i State Fire Code. (a) The National Fire Protection Association (NFPA) 1, Fire Code, 2018 Edition, is adopted and incorporated by reference into this article, subject to the amendments hereinafter set forth. The annexes to the NFPA 1, Fire Code are not adopted except as provided in this article. (b) The Hawai‘i State Fire Code (2018 HSFC) has also been incorporated into this article, subject to amendment. Relevant provisions of the HSFC 2018 are set out in brackets following each installation provision. \[2018 HSFC: 4\] (1) Title. Section 1.1.2 is amended to read as follows: “1.1.2 Title. This chapter shall be known as the fire code, may be cited as such, and will be referred to herein as this code.” \[2018 HSFC: 6\] (2) Conflicts. Section 1.3.3.3 is added to read as follows: “1.3.3.3 When a conflict between this code and the building code, regarding the design and construction of buildings occurs, the building code, chapter 5A, shall apply. Exception: This code shall not apply to new construction except when this code is specifically referenced in the building code, chapter 5A.” \[2018 HSFC: 7\] (3) Building code. Section 1.3.6.3 is amended to read as follows: “1.3.6.3 Repairs, renovations, alterations, reconstruction, change of occupancy, and additions to buildings shall conform with chapter 5A, the building code.” \[2018 HSFC: 8\] (4) Administration and enforcement authority. Section 1.6 is amended to read as follows: “1.6 Administration and Enforcement Authority. This Code shall be administered and enforced by the AHJ.” \[2018 HSFC: 9\] SUPP. 14 (7-2023) 17-2 F IRE § 17-1-21 (5) Section 1.7.12.1.1 is added to read as follows: “1.7.12.1.1 Pursuant to HRS 132-9, plans or specifications, or both, shall be submitted to the fire chief, when required by chapter 5, the construction administrative code, to show compliance with this code for the following: (1) Construction, alteration, rehabilitation, or addition to any building, structure, or facility; (2) Changes in the use of a building or structure, or a change in occupancy; and (3) Installation or alteration of any procedures, equipment, property, or structure for any life safety or fire protection systems. No work shall commence without the necessary permits issued by the AHJ.” (6) Section 1.7.12.1.2 is added to read as follows: “1.7.12.1.2 When plans or specifications are required to be submitted to the AHJ under section 1.7.12.1.1 of this code, an additional fire plan review fee shall be paid at the time of submitting plans and specifications for review. (1) The plan review fee shall be in the amount of fifteen percent of the building permit plan review fee assessed pursuant to section 5-7-1(a) and shall accompany the application, plans, and specifications that are filed for review pursuant to section 1.7.12.1.1. Plan review fees shall be assessed in addition to the building permit fees. (2) No additional plan review fee will be assessed for a corrected submittal.” (7) Section 1.7.17.4 is added to read as follows: “1.7.17.4 Standby and fire watch personnel shall keep documentation on an hourly basis or as often as deemed necessary by the fire chief. Documentation shall be available for review upon request by the fire chief.” SUPP. 14 (7-2023) 17-3 § 17-1-21 H AWAI‘I C OUNTY C ODE (8) Fire insurance records and reports. Section 1.11.5 is added to read as follows: “1.11.5 Upon the AHJ’s request, every company or agent transacting the business of fire insurance in this State shall be required to file with the AHJ in each county a monthly record of fire losses paid or incurred on forms prescribed, permitted, or furnished by the fire chief. These forms shall contain information on each fire loss such as the name of the insured, name of the adjuster, date and time of fire, construction of building or structure burned, amount of insurance paid, and apportionment of the loss where more than one company insured the risk. Current National Fire Incident Reporting System report forms may be used.” \[2018 HSFC: 10\] (9) Permits. Section 1.12.8 and Tables 1.12.8(a), (b), (c), and (d) are deleted in their entirety and replaced with the following: “1.12.8 Permits required. Permits shall be required in accordance with Table 1.12.8(a): Table 1.12.8(a) Permit Fees NFPA 1 Cross Operations and Assessed Fee Permit Required Reference Materials Section Number Application of Annually 43.1.1.4 Annual flammable finishes Permit Fee: $200 for each 43.1.1.4 permit Carnivals andfairsTo conduct a carnival or 10.14.1 Permit and Fee: fair. Permit shall be $200 for each required for each event 10.14.1, carnival or and valid for the duration fair permit of the event. SUPP. 14 (7-2023) 17-4 F IRE § 17-1-21 Farmers markets, This permit shall apply10.14.1 Bi-annual open markets, and to the property owner,Permit Fee: flea markets lessee, or his or her $100 for each representative of which 10.14.1, Farmers the event is occurring. Market, Open Market, and Flea Permits shall be good for Market permit up to six months after issuance, and shall expire on September 30 or March 31, whichever comes first. Permit shall be kept on site and available for review upon request by the AHJ during normal business hours. Fireworks Use of fireworks 65.2.3 Permits: 65.4.2 Display: $110 65.5.2 Fireworks: $25 Cultural: $25 Fire alarm systems Acceptancetest 13.1.1.1 Initial Inspection Fees: None Subsequent Inspection Fees: 1-100 devices or appliances: $100 101-250 devices or appliances: $150 More than 250 devices or appliances: $200 Automatic fire Installation and/or 13.1.1.1 Initial extinguishing removal 50.4.2 Inspection Fee: systems for None commercial cooking Subsequent equipment Inspection Fee: $100 SUPP. 14 (7-2023) 17-5 § 17-1-21 H AWAI‘I C OUNTY C ODE Places of assemblyThat serve alcohol or 20.1.1.1 Annual have other hazardous Permit Fee: conditions. $200 for each 20.1.1.1 permit Permit shall be kept on site and available for review by the AHJ during normal business hours. Storage tanks: Permit, installation 66.1.5 One-time above-ground or and/or removal of an Permit Fee: under-ground above-ground storage $200 for each 66.1.5 tank or under-ground permit storage tank containing flammable or combustible liquids in excess of 60 gallons. Tents, canopies, or Tents, canopies, or 25.1.2. Permit Fee: temporary temporary structures. A $50 for each permit structures permit shall be required for each event utilizing a tent, canopy, or temporary structure in excess of 700 square feet. Tents greater than 10 feet apart shall be considered to be separate tents. Exception: These permits and fees shall not apply to structures used for camping or private functions on private property or to any section 10.15.1 permit. Water based fire Acceptance test for 13.1.1.1 Initial protection systems automatic sprinkler Inspection Fee: system, standpipe None system, and private fire Subsequent hydrants Inspection Fee: $100” \[2018 HSFC: 11\] SUPP. 14 (7-2023) 17-6 F IRE § 17-1-21 (10) Certificates of fitness authorization. Section 1.13.1 is amended to read as follows: “1.13.1 See Hawai‘i Administrative Rules (HAR) 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 12\] (11) Mandatory certificates of fitness. Section 1.13.2 is amended to read as follows: “1.13.2 See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 13\] (12) Certification of applicant general. Section 1.13.5.1 is amended to read as follows: “1.13.5.1 See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 14\] (13) Section 1.13.6 is amended to read as follows: “1.13.6 Certification of applicant transfer. See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 15\] (14) Certification of applicant issuing period. Section 1.13.7 is amended to read as follows: “1.13.7 See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 16\] SUPP. 14 (7-2023) 17-7 § 17-1-21 H AWAI‘I C OUNTY C ODE (15) Revocation or suspension of certificates of fitness conditions. Section 1.13.12.1 is amended to read as follows: “1.13.12.1 See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 17\] (16) Revocation or suspension of certificates of fitness new issuance period. Section 1.13.12.1.1 is amended to read as follows: “1.13.12.1.1 See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 18\] (17) Revocation or suspension of certificates of fitness appeals. Section 1.13.12.4 is amended to read as follows: “1.13.12.4 See HAR 12-44.1 Testing, Certifying, and Credentialing Individuals Who Perform Maintenance and Testing of Portable Fire Extinguishers, Fire Protection Systems, and Fire Alarm Systems.” \[2018 HSFC: 19\] (18) Section 1.16.1 is amended to read as follows: “1.16.1 Where required. Whenever the AHJ determines violations of this Code, the AHJ shall issue a written warning notice to confirm such findings.” (19) NFPA publications. Section 2.2 is amended by amending the reference to “NFPA 1124” to read as follows: “NFPA 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2013 Edition.” \[2018 HSFC: 20\] (20) NFPA official definitions. Section 3.2 is amended by adding the following new definitions to read as follows: “3.2.11 Inoperable system sign. Means a weather resistant sign denoting “Inoperable” having a white background with red letters. The letters shall be a minimum height of three inches and a minimum width of one-fourth of an inch stroke.” \[2018 HSFC: 21\] SUPP. 14 (7-2023) 17-8 F IRE § 17-1-21 “3.2.12 Water-based fire extinguishing system. Means any class I, II, and III and combined standpipe system, automatic sprinkler system, fire pumps or automatic water spray fixed system utilizing water as an extinguishing agent.” \[2018 HSFC: 21\] (21) Electrical code. Section 3.3.54.2 is amended to read as follows: “3.3.54.2 Electrical Code. The electrical code is chapter 5D, the electrical code.” \[2018 HSFC: 22\] (22) Mechanical code. Section 3.3.54.3 is amended to read as follows: “3.3.54.3 Mechanical Code. The mechanical code is the mechanical code adopted by the jurisdiction.” \[2018 HSFC: 23\] (23) Plumbing code. Section 3.3.54.4 is amended to read as follows: “3.3.54.4 Plumbing Code. The plumbing code is chapter 5F, the plumbing code.” \[2018 HSFC: 24\] (24) Maintenance, inspection, and testing general requirements. Section 4.5.8.1 is amended to read as follows: “4.5.8.1 Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, fire-resistive construction, or any other feature is required for compliance with the provisions of this Code, such device, equipment, system, condition, arrangement, level of protection, fire-resistive construction, or other feature shall thereafter be continuously maintained. Maintenance shall be provided in accordance with applicable NFPA requirements and the building code or requirements developed as part of a performance-based design, or as directed by the AHJ.” \[2018 HSFC: 25\] (25) Authorization to witness maintenance, inspection, and testing. Section 4.5.8.8 is added to read as follows: “4.5.8.8 The AHJ is authorized to witness any maintenance, or test of a portable fire extinguisher, fire protection system, and fire alarm system by a certificate of fitness holder to determine if the maintenance or test meets the minimum requirements set forth by this code, applicable rules, and statutes.” \[2018 HSFC: 26\] SUPP. 14 (7-2023) 17-9 § 17-1-21 H AWAI‘I C OUNTY C ODE (26) Owner/occupant responsibilities of unsafe buildings. Section 10.2.4 is amended by adding the following sentence at the end of the section: “For abatement of unsafe buildings, see chapter 5, the construction administrative code.” \[2018 HSFC: 27\] (27) On-premises fire-fighting organization fire reporting. Section 10.6.1.2 is amended to read as follows: “10.6.1.2 Facilities that have established on-premises fire-fighting organizations and have coordinated and arranged procedures approved by the AHJ, shall notify the fire department in accordance with the approved plan.” \[2018 HSFC: 28\] (28) Posting of emergency action plans. Section 10.8.2.1 is amended by amending paragraph (7) to read as follows: “(7) Posting of emergency evacuation diagrams and other items required by the AHJ.” \[2018 HSFC: 29\] (29) Open flames, candles, open fires, and incinerators permits. Sections 10.10.1, 10.10.1.1, 10.10.1.2, 10.10.1.3, and 10.10.1.4 are deleted in their entirety and replaced with sections 10.10.1 and 10.10.1.1 to read as follows: “10.10.1 Agricultural Burning. See Department of Health, Clean Air Branch, regulation of fires for agricultural burning. (1) Except for closed incinerators approved by the state health department, private incineration is prohibited by state health laws. Clearance by the state health department for, and notification of, all agricultural fires either by telephone or written notice shall be on file with the AHJ before these fires are permitted. (2) For fire safety regulations, see county requirements and 10.10.1.1.” “10.10.1.1 Open Fires. (1) Planned fires for the cooking of food. Persons responsible for such fires not contained within an appliance, such as an imu or smoke house, shall telephone the fire dispatch center on the non- emergency number at least 15 minutes prior to lighting such fires. (2) Fires for recreational, decorative, ceremonial or other purposes shall comply with the following: (a) Obtain written permission from the property owner. SUPP. 14 (7-2023) 17-10 F IRE § 17-1-21 (b) Submit a letter and site plan to the AHJ for approval at least 14 days prior to the event, that include the: (i) Contact information of the person(s) responsible; (ii) Location or address of the burn site(s); (iii) Date and time of ignition; and (iv) Distances from the burn area to spectators, structures, and vehicles. (c) Event site shall be subject to inspection. (d) Persons responsible shall telephone the Fire Dispatch Center on the non-emergency number at least 15 minutes prior to lighting such fires. (e) Open fire performances before a proximate audience and open fires for recreational, decorative, or ceremonial purposes such as the “lighting of the letters” shall comply with the most current version of NFPA 160.” \[2018 HSFC: 30\] (30) Open flames, candles, open fires, and incinerators hazardous conditions. Section 10.10.2 is amended to read as follows: “10.10.2 The AHJ shall have the authority to prohibit or regulate any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous. Open flame devices utilizing gas or liquid fuel, such as but not limited to tiki torches, shall keep a minimum of three feet clearance from the flame to combustibles, and shall maintain a vertical height of seven feet from grade to flame. The AHJ is authorized to modify these clearances based on site conditions.” \[2018 HSFC: 31\] (31) Outdoor fires. Section 10.10.3.1 is amended to read as follows: “10.10.3.1 Outdoor fires shall not be built, ignited, or maintained in or upon hazardous fire areas, without approval from the AHJ.” \[2018 HSFC: 32\] (32) Open fires. Section 10.10.4.1 is amended to read as follows: “10.10.4.1 Open fires shall be located not less than fifty feet (fifteen meters) from structures or as approved by the AHJ.” \[2018 HSFC: 33\] (33) Cooking equipment on balconies. Section 10.10.6.2 is deleted in its entirety. \[2018 HSFC: 34\] SUPP. 14 (7-2023) 17-11 § 17-1-21 H AWAI‘I C OUNTY C ODE (34) Storage of combustible materials. Section 10.18.1.1 is added to read as follows: “10.18.1.1 Signage Posting. In storage and mercantile occupancies, a sign shall be posted on the automatic sprinkler riser stating the maximum allowable storage height for the design of the sprinkler system as approved by the AHJ.” \[2018 HSFC: 35\] (35) Elevators, Escalators, and Conveyors. Section 11.3 is deleted in its entirety. \[2018 HSFC: 36\] (36) Waste chutes, incinerators, and laundry chutes installation and maintenance. Section 11.6.2 is amended to read as follows: “11.6.2 Waste Chutes, Incinerators, and Laundry Chutes Maintenance Standards. Waste chutes, laundry chutes, and incinerators shall be maintained in accordance with NFPA 82, unless such installations are approved existing installations, which shall be permitted to be continued in service.” \[2018 HSFC: 37\] (37) Emergency command center. Section 11.9.5 is amended by adding paragraphs 12, 13, and 14 at the end of the section, to read as follows: “(12) The room shall be accessible from the exterior of the building. (13) Control panels in the emergency command center shall be permanently identified as to its function. (14) Alarm, supervisory and trouble signals shall be annunciated in compliance with the fire code in the emergency command center by means of an audible and visual indicator.” \[2018 HSFC: 38\] (38) Roof access for one- and two-family dwellings and townhouses. Section 11.12.2.2.2 is amended to read as follows: “11.12.2.2.2 Roof Access for One- and Two-Family Dwellings and Townhouses for Photo-voltaic Systems. One- and two-family dwellings need not comply with this section.” \[2018 HSFC: 39\] SUPP. 14 (7-2023) 17-12 F IRE § 17-1-21 (39) Fire door identification. Section 12.4.7 is added to read as follows: “12.4.7 Fire Door Identification. When required by the AHJ, a sign shall be displayed permanently near or on each required fire door in letters not less than one inch high. The wording of the required sign can only be modified with prior written approval of the AHJ. The sign shall read as follows: FIRE DOOR DO NOT OBSTRUCT KEEP CLOSED” \[2018 HSFC: 40\] (40) Fire protection systems general. Section 13.1 is amended to read as follows: “13.1 Fire Protection Systems General. Fire protection systems general. The provisions of this chapter for new construction do not apply. For new construction see the building code. Existing buildings shall be maintained to the requirements to which it was built unless specifically indicated it applies to existing facilities. Exception: When the building code does not require fire alarm systems, fire alarm systems shall be required according to Section 13.7. When the building code does require a fire alarm system, the requirements of the building code shall apply.” \[2018 HSFC: 41\] (41) Fire protection systems hose connection. Section 13.1.5.2 is added to read as follows: “13.1.5.2 Fire department hose connections serving standpipe and sprinkler systems shall be located within twenty feet of a fire apparatus access road, not less than eighteen inches and not more than four feet above grade, or as approved by the AHJ. Appropriate identification signs shall be provided as required by the AHJ.” \[2018 HSFC: 42\] (42) Fire protection systems records. Section 13.1.6 is amended to read as follows: “13.1.6 Detailed records documenting all systems and equipment inspections, testing, and maintenance shall be kept by the property owner and shall be made available upon request for review by the AHJ.” \[2018 HSFC: 43\] SUPP. 14 (7-2023) 17-13 § 17-1-21 H AWAI‘I C OUNTY C ODE (43) Fire protection systems authority having jurisdiction (AHJ) reports. Section 13.1.6.1 is added to read as follows: “13.1.6.1 A copy of a system’s unsatisfactory inspection and maintenance test report shall be submitted to the AHJ by the testing company within five working days after the completion of the test.” \[2018 HSFC: 44\] (44) Fire protection systems out of service. Section 13.1.10 is amended to read as follows: “13.1.10. The AHJ shall be verbally notified immediately when any fire protection system is out of service and on restoration of service.” \[2018 HSFC: 45\] (45) Fire protection systems advanced notification. Sections 13.1.10.1, 13.1.10.2, and 13.1.10.3 are added to read as follows: “13.1.10.1 The county fire department shall be given a seventy-two hour notification prior to a scheduled inspection, testing, maintenance, or retesting of any fire protection system (including class I, II, and III, and combined systems, automatic fire sprinkler systems, and other fire extinguishing systems) and fire alarm systems within their respective jurisdiction in the State.” \[2018 HSFC: 46\] “13.1.10.2 Failure to comply with the requirements of this section may result in the county fire department deeming it an invalid test. A retest may be required to be performed at the testing company’s expense.” \[2018 HSFC: 46\] “13.1.10.3 The certificate of fitness holder shall immediately notify the county fire department of any system inspection, testing or maintenance cancellations or changes to the scheduled date and time.” \[2018 HSFC: 46\] (46) Fire protection systems inspection, testing, and maintenance labeling. Sections 13.2.3.3.1, 13.2.3.3.2, 13.2.3.3.2.1, 13.2.3.3.3, 13.2.3.3.3.1, 13.2.3.3.4, 13.2.3.3.4.1, 13.2.3.3.5, 13.2.3.3.5.1, and 13.2.3.3.5.2 are added to read as follows: “13.2.3.3.1 Inspection Label and Collar. An approved label and verification collar signifying successful passing of the system shall be provided when inspecting, testing, or maintaining any class I, II, III, and combined standpipe fire extinguishing system.” \[2018 HSFC: 47\] SUPP. 14 (7-2023) 17-14 F IRE § 17-1-21 “13.2.3.3.2 Five Year Inspection Label. 13.2.3.3.2.1 Class I, II, and III, and combined standpipe fire extinguishing systems passing a five-year inspection (annual inspection for class II hoses) shall have an approved, weatherproof, inspection label affixed to the fire department connection. If the system does not have a fire department connection, labels shall be affixed to hose cabinets located on the ground floor and the top-most floor. (1) The label shall indicate the type of system, month and year the system was inspected, tested, and maintained; the certificate of fitness holder’s name and certificate number; and the company name, address, and contact information. (2) The label shall be yellow, at least two and one-fourth inches in width and three and one-fourth of an inch in length, and clearly visible without obstructing the operation of the fire extinguishing system. (3) The label shall be constructed of a durable material approved by the AHJ. (4) The label shall be punched with no more than one year and one month.” \[2018 HSFC: 47\] “13.2.3.3.3 Verification Service Collar. 13.2.3.3.3.1 The verification of service collar shall be a circular, solid of continuous plastic with at least a three inch diameter hole in the center and shall slide onto each hose length approximately midway from the male and female couplings after the physical inspection has been completed and deemed satisfactory. The verification service collar shall: (1) Indicate the month and year the hose was inspected; the certificate of fitness holder’s name and number; and company name, address and contact information; and (2) Be constructed of other suitable materials when approved by the AHJ.” \[2018 HSFC: 47\] “13.2.3.3.4 Inoperable System Sign. 13.2.3.3.4.1 Systems that cannot be utilized for firefighting operations shall have an inoperable system sign affixed to the fire department connection. (1) The sign shall have a white background with red lettering and be constructed of wood, metal, or plastic. SUPP. 14 (7-2023) 17-15 § 17-1-21 H AWAI‘I C OUNTY C ODE (2) The letters shall be a minimum height of three inches and a minimum width of one-fourth of an inch stroke. (3) If the system does not have a fire department connection, inoperable system signs shall be affixed to hose cabinets located on the ground floor and the top-most floor. (4) The sign shall remain in place until all repairs have been made and a satisfactory system test is completed.” \[2018 HSFC: 47\] “13.2.3.3.5 Inspection, Testing, and Maintenance Report. 13.2.3.3.5.1 An inspection, testing, and maintenance report entitled “Standpipe and Hose Systems” available on the State Fire Council’s website and at each county fire department’s fire prevention branch, or a similar report approved by the AHJ, shall be provided to the property owner or agent within fourteen days after the inspection, testing, and maintenance date.” \[2018 HSFC: 47\] “13.2.3.3.5.2 An electronic copy of the unsatisfactory test report shall be submitted to the AHJ within five working days of the inspection, testing, and maintenance date. Submittals of satisfactory inspection, testing, and maintenance report shall be determined by the AHJ.” \[2018 HSFC: 47\] (47) Fire protection systems reference dates table. Sections 13.2.3.4.3 and 13.2.3.4.4 are added to read as follows: “13.2.3.4.3 Table 13.2.3.4.3A entitled “Fire Protection Systems Reference Dates” dated 7/18/2019 may be used as a reference for applicable codes and standards in effect when the building was permitted.” \[2018 HSFC: 48\] “13.2.3.4.4 Fire department connection gaskets shall be replaced with new gaskets during the required inspection, testing and maintenance of the system.” \[2018 HSFC: 48\] SUPP. 14 (7-2023) 17-16 F IRE § 17-1-21 “Table 13.2.3.4.3A Fire Protection Systems Reference Dates (7/18/2019) Building Codes NFPA References Permit Date All buildings1988 Uniform Fire Code Water-Based Systems with building Appendix III-C and referenced 1. 1988 Uniform Fire Code - permit dates NFPA standards Appendix III-C (Testing Fire- up to January Extinguishing Systems, 2012 Standpipes and Combination Systems). 2. NFPA 13A – Recommended Practice for the Care and Maintenance of Sprinkler Systems - 1978 Edition. As referenced by 1985 UFC Standards, Appendix B. 3. NFPA 15 - Water Spray Fixed Systems - 1988 UFC Standards (Volume II) which references NFPA 15, 1979 Edition with amendments. NOTE: The 1988 NFC references the 1985 Edition. Other Systems 1. NFPA 11 - Foam Extinguishing Systems - 1988 UFC Standards (Volume II) which references NFPA 11, 1978 Edition with amendments. 2. NFPA 11A - Medium and High- Expansion Foam Systems - 1988 Edition. 3. NFPA 12 - Carbon dioxide Extinguishing Systems - 1985 Edition. 4. NFPA 12A - Halon 1301 Fire Extinguishing Systems - 1987 Edition. 5. NFPA 17 - Dry Chemical Extinguishing Systems - 1985 Edition. 6. NFPA 17A - Wet Chemical Extinguishing Systems - 1986 Edition. 7. NFPA 96 - Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment - 1987 Edition. SUPP. 14 (7-2023) 17-17 § 17-1-21 H AWAI‘I C OUNTY C ODE Building Codes NFPA References Permit Date January 2012Hawai‘i State Fire Code Water-Based Systems to August 2016 (NFPA 1, 2006 Edition) and 1. NFPA 15 – Standard for Water referenced NFPA standards Spray Fixed Systems for Fire Protection, 2001 Edition. 2. NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2002 Edition. Other Systems 1. NFPA 11 – Standard for Low-, Medium-, and High-Expansion Foam - 2005 Edition. 2. NFPA 12 – Standard on Carbon Dioxide Extinguishing Systems, 2005 Edition. 3. NFPA 12A – Standard on Halon 1301 Fire Extinguishing Systems, 2004 Edition. 4. NFPA 17 – Standard for Dry Chemical Extinguishing Systems, 2002 Edition. 5. NFPA 17A - Standard for Wet Chemical Extinguishing Systems, 2002 Edition. 6. NFPA 96 - Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2004 Edition. 7.NFPA2001 -Standard on Clean Agent Fire Extinguishing Systems, 2004 Edition. Fire Alarm Systems 1. NFPA 72 – National Fire Alarm Code, 2002 Edition. SUPP. 14 (7-2023) 17-18 F IRE § 17-1-21 Building Codes NFPA References Permit Date August 2016 Hawai‘i State Fire Code Water-Based Systems to present (NFPA 1, 2012 Edition) and 1. NFPA 15 – Standard for Water referenced NFPA standards Spray Fixed Systems for Fire Protection, 2012 Edition. 2. NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2011 Edition. Other Systems 1. NFPA 11 – Standard for Low-, Medium-, and High-Expansion Foam - 2010 Edition. 2. NFPA 12 – Standard on Carbon Dioxide Extinguishing Systems, 2011 Edition. 3. NFPA 12A – Standard on Halon 1301 Fire Extinguishing Systems, 2009 Edition. 4. NFPA 17 – Standard for Dry Chemical Extinguishing Systems, 2009 Edition. 5. NFPA 17A - Standard for Wet Chemical Extinguishing Systems, 2009 Edition. 6. NFPA 96 - Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2011 Edition. 7.NFPA 2001 -Standard on Clean Agent Fire Extinguishing Systems, 2012 Edition. Fire Alarm Systems 1. NFPA 72 – National Fire Alarm Code, 2010 Edition.” \[2018 HSFC: 48\] (48) Fire protection systems existing assembly occupancies. Section 13.3.2.8 is deleted in its entirety. \[2018 HSFC: 49\] SUPP. 14 (7-2023) 17-19 § 17-1-21 H AWAI‘I C OUNTY C ODE (49) Fire protection systems existing educational occupancies. Section 13.3.2.10 is deleted in its entirety. \[2018 HSFC: 50\] (50) Fire protection systems existing health care occupancies. Section 13.3.2.12 is deleted in its entirety. \[2018 HSFC: 51\] (51) Fire protection systems existing detention and correctional facilities. Section 13.3.2.14 is deleted in its entirety. \[2018 HSFC: 52\] (52) Fire protection systems existing hotels and dormitories. Section 13.3.2.16 is deleted in its entirety. \[2018 HSFC: 53\] (53) Fire protection systems existing residential board and care facilities. Section 13.3.2.22 is deleted in its entirety. \[2018 HSFC: 54\] (54) Fire protection systems existing mercantile occupancies. Section 13.3.2.24 is deleted in its entirety. \[2018 HSFC: 55\] (55) Fire protection systems high-rise buildings. Section 13.3.2.26 is deleted in its entirety. \[2018 HSFC: 56\] (56) Fire protection systems table. Sections 13.3.3.2.1, 13.3.3.2.2, 13.3.3.2.3, 13.3.3.2.4, 13.3.3.2.5, and 13.3.3.2.6 are added to read as follows: “13.3.3.2.1 Table 13.2.3.4.3A entitled “Fire Protection Systems Reference Dates” dated 7/18/2019 may be used as a reference for applicable codes and standards in effect when the building was permitted.” \[2018 HSFC: 57\] “13.3.3.2.2 Pretest. The following requirements apply to all pretesting procedures: (1) An air test shall be conducted on the piping between the fire department connection and the sprinkler riser. (2) The piping shall be filled with twenty-five psi of air and held for fifteen minutes. No drop in pressure is allowed. (3) An air test need not be conducted when the piping is above ground and less than five feet in length. (4) Automatic fire sprinkler system without a fire department connection does not require an air test.” \[2018 HSFC: 57\] SUPP. 14 (7-2023) 17-20 F IRE § 17-1-21 “13.3.3.2.3 Inspection, Testing, and Maintenance Label. It shall be unlawful to inspect, test, or maintain any automatic fire sprinkler system without providing an approved label signifying successful testing of the system. (1) An approved inspection, testing, and maintenance label affixed to the fire department connection and the sprinkler riser. Automatic fire sprinkler systems that do not have a fire department connection shall have the label affixed to the riser. (2) The label shall indicate the type of system, month and year the system was tested; certificate of fitness holder’s name and number; and company’s name, address and contact information. (3) The label shall be clearly visible and punched with no more than one year and one month.” \[2018 HSFC: 57\] “13.3.3.2.4 The fire department shall be verbally notified immediately of any system determined to be out of service. Systems that cannot be utilized for firefighting operations shall have an inoperable system sign affixed to the fire department connection. The sign shall remain in place until all repairs have been made and a satisfactory inspection, test, and maintenance system test is completed.” \[2018 HSFC: 57\] “13.3.3.2.5 Inspection, Testing, and Maintenance Report. An inspection, testing, and maintenance report entitled “Automatic Sprinkler Systems” available on the State Fire Council’s website and at each county fire department’s fire prevention branch or a similar report approved by the AHJ, shall be provided to the property owner or agent within fourteen days after the test.” \[2018 HSFC: 57\] “13.3.3.2.6 An electronic copy of the unsatisfactory report shall be submitted to the AHJ within five working days. Submittal of a satisfactory inspection, testing, and maintenance report will be determined by the AHJ.” \[2018 HSFC: 57\] (57) Stationary fire pump inspection, testing, and maintenance. Sections 13.4.8.1 and 13.4.8.2 are added to read as follows: “13.4.8.1 Inspection, Testing, and Maintenance Label. Satisfactory inspection, testing, and maintenance system’s tests shall have an approved inspection label affixed to the fire pump controller. The label shall follow the guidelines found in the water-based fire extinguishing systems inspection labels, tags, and collars.” \[2018 HSFC: 58\] SUPP. 14 (7-2023) 17-21 § 17-1-21 H AWAI‘I C OUNTY C ODE “13.4.8.2 Inspection, Testing, and Maintenance Report. An inspection, testing, and maintenance report entitled “Fire Pumps” available on the State Fire Council’s website and at each county fire department’s fire prevention branch, or a similar report approved by the AHJ shall be provided to the property owner or agent within fourteen days after the test.” \[2018 HSFC: 58\] (58) Private fire service mains inspection, testing, and maintenance. Section 13.5.4.2 is amended to read as follows: “13.5.4.2 A private fire service main installed in accordance with this code or the AHJ’s water department shall be inspected, tested, and maintained in accordance with NFPA 25 or the AHJ’s water department’s inspection, testing, and maintenance standards.” \[2018 HSFC: 59\] (59) Private service mains inspection, testing, and maintenance schedule. Sections 13.5.4.3, 13.5.4.4, 13.5.4.5, 13.5.4.6, and 13.5.4.7 are added to read as follows: “13.5.4.3 Testing. An annual inspection, testing, and maintenance shall be conducted by the certificate of fitness holder. If, during use, the hydrant does not perform adequately, it shall be tested and, if needed, restored to its proper operation by a licensed certificate of fitness holder.” \[2018 HSFC: 60\] “13.5.4.4 Fire hydrants that fail the inspection, test, and maintenance shall have a readily visible, attached “OUT OF SERVICE” sign. The sign shall have a yellow background with black letters and be constructed of wood, metal, or plastic. The letters shall be a minimum height of three inches and a minimum width of one-fourth of an inch stroke. The sign shall remain in place until all repairs have been made and a satisfactory hydrant inspection, test and maintenance is completed.” \[2018 HSFC: 60\] “13.5.4.5 The fire department shall be verbally notified immediately of any fire hydrant determined to be out of service. Fire hydrants deemed to be permanently inoperable or unusable shall be replaced.” \[2018 HSFC: 60\] SUPP. 14 (7-2023) 17-22 F IRE § 17-1-21 “13.5.4.6 Inspection, test, and maintenance report. An inspection, testing, and maintenance report entitled “Private Fire Service Mains” available on the State Fire Council’s website and at each county fire department’s fire prevention branch, or a similar report approved by the AHJ, shall be provided to the property owner or agent within fourteen days after the test.” \[2018 HSFC: 60\] “13.5.4.7 An electronic copy of the unsatisfactory test report shall be submitted to the AHJ within five working days of the test. The AHJ shall determine if the submittal of a satisfactory inspection, test, and maintenance report will be required.” \[2018 HSFC: 60\] (60) Annual maintenance record keeping. Section 13.6.4.3.4.1.1 is amended to read as follows: “13.6.4.3.4.1.1 The tag or label, as a minimum, shall entail the following: (1) Removing the previous tag or label; (2) Indicating the month and year the maintenance was performed; (3) Type of portable fire extinguisher tested; (4) Certificate of fitness holder’s name and number; (5) Certificate of fitness holder’s company name, address, and contact information; (6) Be yellow, at least two and one-fourth of an inch in width, three and one-fourth of an inch in length, and clearly visible without opening any cabinets; (7) Be constructed of a durable material approved by the AHJ; (8) Be punched with no more than one year and one month of the date of service; and (9) Not obstruct the portable fire extinguisher classification or instructions for use.” \[2018 HSFC: 61\] (61) Extinguisher maintenance six-year internal examination label. Section 13.6.4.3.6.5.3 is amended to read as follows: “13.6.4.3.6.5.3 The 6-year internal examination label, as a minimum shall, entail the following: (1) Removing the previous six-year internal examination label; (2) Indicating the month and year the six-year internal examination was performed; (3) Certificate of fitness holder’s name and number; (4) Certificate of fitness holder’s company name, address, and contact information; SUPP. 14 (7-2023) 17-23 § 17-1-21 H AWAI‘I C OUNTY C ODE (5) Type of portable fire extinguisher tested; (6) Be silver or white and at least two and one fourth of an inch in width and three and one-fourth of an inch in length; and (7) Not obstruct the portable fire extinguisher classification, instructions for portable fire extinguisher use, or manufacturer’s labels.” \[2018 HSFC: 62\] (62) Extinguisher maintenance service collar information. Section 13.6.4.11.3 is amended to read as follows: “13.6.4.11.3 The verification-of-service collar shall, at a minimum: (1) Indicate the month and year the examination was performed; (2) Display the certificate of fitness holder’s name and number; (3) Display the certificate of fitness holder’s company name, address and contact information; (4) Be a single circular piece of uninterrupted material forming a hole of a size that does not permit the collar assembly to move over the neck of the container unless the valve is completely removed; and (5) Not interfere with the operation of the fire extinguisher.” \[2018 HSFC: 63\] (63) Positive alarm sequence occupant notification. Section 13.7.1.9.4 is amended to read as follows: “13.7.1.9.4 Where permitted by Chapter 11 through Chapter 43 of NFPA 101, a positive alarm sequence shall be permitted, provided that it is in accordance with NFPA 72. The following additional requirements shall also apply: (1) An automatic fire sprinkler system installed in conformance with the building code shall be provided throughout the building or facility; (2) Written fire emergency procedures and an evacuation plan for the building or facility shall be reviewed by the AHJ prior to approval testing. The procedures and plan shall include, but not be limited to immediate notification to the fire department, use of primary and secondary exits, use of fire protection appliances for the building(s) or facility(ies); (3) Trained personnel shall respond to emergencies on a twenty-four hour basis. The staff shall be instructed in fire emergency procedures and the use and operation of in-house fire appliances. Documentation of such training shall be maintained and filed on the premises; SUPP. 14 (7-2023) 17-24 F IRE § 17-1-21 (4) Immediate notification of the fire department shall take place upon activation of any fire alarm initiating device; (5) The AHJ shall conduct a test of the positive alarm sequence prior to implementation; and (6) The AHJ may disapprove or rescind approval of the positive alarm sequence of the fire alarm system if all of the above requirements are not met and shall require the fire alarm system to be reprogrammed to meet a general alarm notification at the owner’s expense.” \[2018 HSFC: 64\] (64) New and existing lodging and rooming houses. Sections 13.7.2.14.1, 13.7.2.14.2, 13.7.2.14.3, and 13.7.2.14.4 are deleted in their entirety. \[2018 HSFC: 65\] (65) Existing apartment buildings. Sections 13.7.2.18.1, 13.7.2.18.2, 13.7.2.18.3, and 13.7.2.18.4 are deleted in their entirety. \[2018 HSFC: 66\] (66) Existing mercantile occupancies. Section 13.7.2.24 is deleted in its entirety. \[2018 HSFC: 67\] (67) Existing business occupancies. Section 13.7.2.26 is deleted in its entirety. \[2018 HSFC: 68\] (68) Existing day-care and health care occupancies. Sections 13.7.2.6 and 13.7.2.8 are deleted in their entirety. \[2018 HSFC: 69\] (69) Fire alarm systems inspection, testing, and maintenance notification. Section 13.7.3.2.4.1.1 is added to read as follows: “13.7.3.2.4.1.1 The county fire department shall be given a seventy-two hour notification prior to a scheduled inspection, testing, maintenance or retesting of any fire alarm systems within their respective jurisdiction.” \[2018 HSFC: 70\] (70) Fire alarm systems inspection, testing, and maintenance labels. Sections 13.7.3.2.4.4.1, 13.7.3.2.4.4.2, 13.7.3.2.4.4.3, and 13.7.3.2.4.4.4 are added to read as follows: “13.7.3.2.4.4.1 Labels. Fire alarm systems passing an annual inspection, testing, and maintenance test shall have an approved label affixed to the annunciator panel or, if not present, the fire alarm system control panel in accordance with section 13.7.3.2. Information on the label, at a minimum shall, entail the following: (1) Removal of the previous label; (2) Indicate the month and year the satisfactory test was performed; SUPP. 14 (7-2023) 17-25 § 17-1-21 H AWAI‘I C OUNTY C ODE (3) Certificate of fitness holder’s name and number; (4) Certificate of fitness holder’s company name, address, and contact information; (5) Be yellow, at least two and one-fourth of an inch in width, and three and one-fourth of an inch in length; (6) Be clearly visible without obstructing the visibility or operation of the annunciator panel or, if not present, fire alarm system control panel; and (7) The label shall be clearly visible and punched with no more than one year and one month.” \[2018 HSFC: 71\] “13.7.3.2.4.4.2 Fire alarm systems failing an annual inspection, test, and maintenance test shall leave the expired inspection tag or label in place on the annunciator panel or, if not present, the fire alarm system control panel until the system is repaired.” \[2018 HSFC: 71\] “13.7.3.2.4.4.3 The AHJ and the building owner shall be verbally notified immediately when a fire alarm system becomes inoperable. Alternative notification and response plans shall be implemented after approved by the AHJ until the fire alarm system is fully operational.” \[2018 HSFC: 71\] “13.7.3.2.4.4.4 An inspection, testing, and maintenance report entitled “System Record of Inspection and Testing”, “Notification Appliance Supplementary Record of Inspection and Testing”, “Initiating Device Supplementary Record of Inspection and Testing”, “Mass Notification System Supplementary Record of Inspection and Testing”, “Emergency Communications Systems Supplementary Record of Inspection and Testing”, “Interface Component Supplementary Record of Inspection and Testing”, available on the State Fire Council’s website and at each county fire department’s fire prevention branch, or a similar report approved by the AHJ shall be provided to the property owner or agent within fourteen days after a satisfactory test.” \[2018 HSFC: 71\] (71) Fire alarm systems inspection, testing, and maintenance tag. Section 13.7.3.2.4.7 is added to read as follows: “13.7.3.2.4.7 Tag. A tag shall be placed on the fire alarm panel when tested in accordance with NFPA 72. Information on the tag shall include the date of testing, testing company and contact information, technician performing the test and certificate of fitness number, and that the test was satisfactory.” \[2018 HSFC: 72\] SUPP. 14 (7-2023) 17-26 F IRE § 17-1-21 (72) Fire alarm systems manually activated alarm-initiating devices. Section 13.7.3.3.8.4 is amended to add a new sentence at the end to read as follows: “The location of manual fire alarm boxes may be modified by the AHJ.” \[2018 HSFC: 73\] (73) Other fire protection systems compliance. Section 13.8 is amended to read as follows: “13.8 Other Fire Protection Systems. Where other fire protection systems are required to be installed by the provisions of this Code, or are installed with the approval of the AHJ as an alternative or equivalency, the design and installation of the system shall comply with the appropriate standards listed in Table 13.8. The systems shall be inspected, tested, and maintained in accordance with the appropriate NFPA standard.” \[2018 HSFC: 74\] (74) Other fire protection systems inspection, testing, and maintenance label. Sections 13.8.1, 13.8.2, 13.8.3, 13.8.4, 13.8.5, 13.8.6, and 13.8.7 are added to read as follows: “13.8.1 Inspection, Testing, and Maintenance Label. Other fire protection systems satisfactorily passing an inspection, testing, and maintenance test shall have an approved label affixed to the manual activation device or, if not present, actuator valve to the extinguishing agent. The label shall, as a minimum, entail the following: (1) Removal of the previous label; (2) Indicate the type of system, month and year the system was tested; (3) Certificate of fitness holder’s name and number; (4) Certificate of fitness holder’s company name, address and contact information; (5) Be yellow, at least two and one-fourth of an inch in width, and three and one-fourth of an inch in length; (6) Be constructed of a durable material approved by the AHJ; (7) Be clearly visible without obstructing the visibility or operation of the system; and (8) Be punched with no more than one year and one month.” \[2018 HSFC: 75\] “13.8.2 Hydrostatic Testing. Every twelve years from the date of manufacture, stored pressure extinguishing agent cylinders shall be hydrostatically tested.” \[2018 HSFC: 75\] SUPP. 14 (7-2023) 17-27 § 17-1-21 H AWAI‘I C OUNTY C ODE “13.8.3 Hydrostatic Testing Label. Stored pressure extinguishing agent cylinders satisfactorily passing a twelve-year hydrostatic test shall, as a minimum, have a label attached to the cylinder as follows: (1) Removal of the previous label. (2) Indicate the type of system, and month and year the system was tested. (3) Certificate of fitness holder’s name and number. (4) Certificate of fitness holder’s company name, address, and contact information. (5) Be yellow, at least two and one-fourth of an inch in width, and three and one-fourth of an inch in length. (6) Be constructed of a durable material approved by the AHJ. (7) Be clearly visible without obstructing the visibility or operation of the system. (8) Be punched with no more than one year and one month.” \[2018 HSFC: 75\] “13.8.4 The fire department shall be verbally notified immediately of any systems determined to be out of service. Systems that cannot be utilized for firefighting operations shall have an inoperable system sign affixed to the manual activation device. The sign shall remain in place until all repairs have been made and a satisfactory system test is completed.” \[2018 HSFC: 75\] “13.8.5 Inspection, Testing, and Maintenance Report. An inspection, testing, and maintenance report entitled “Foam Water Sprinkler System”, “Other Fire Protection Systems” available on the State Fire Council’s website and at each county fire department’s fire prevention branch, or a similar report approved by the AHJ shall be provided to the property owner or agent within fourteen days after the test.” \[2018 HSFC: 75\] “13.8.6 Inspection Report. An electronic copy of the unsatisfactory test report shall be submitted to the AHJ within five working days. The AHJ shall determine if the submittal of a satisfactory test report will be required.” \[2018 HSFC: 75\] “13.8.7 Table 13.2.3.4.3A entitled “Fire Protection Systems Reference Dates” may be used as a reference for applicable codes and standards in effect when the building was permitted.” \[2018 HSFC: 75\] SUPP. 14 (7-2023) 17-28 F IRE § 17-1-21 (75) Means of egress application. Section 14.1 is amended to read as follows: “14.1 Means of Egress Application. Means of egress in existing buildings shall comply with this Code and NFPA 101, Life Safety Code. The provisions of this chapter do not apply for new construction. For new construction see the building code. Existing buildings shall be maintained to meet the requirements of the building code at the time the structure was built, unless specifically indicated for existing facilities. Provisions in this chapter are provided for maintenance purposes. Exception: Stairway marking requirements set forth in Section 10.12.3 shall apply to new and existing construction.” \[2018 HSFC: 76\] (76) Screen door assemblies and storm door assemblies. Section 14.5.1.4 is amended by adding an exception at the end to read as follows: “Exception: Double-acting screen doors used in conjunction with exit doors having panic hardware in school cafetoriums do not need to comply with this provision.” \[2018 HSFC: 77\] (77) Locks, latches, and alarm devices. Section 14.5.2.13 is added to read as follows: “14.5.2.13 In accordance with the building code, security gates may be permitted across corridors or passageways in school buildings if there is a readily visible durable sign on or adjacent to the gate, stating ‘THIS GATE IS TO REMAIN SECURED IN THE OPEN POSITION WHENEVER THIS BUILDING IS IN USE’. The sign shall be in letters not less than one inch high on a contrasting background. The use of this exception may be revoked by the building official for due cause.” \[2018 HSFC: 78\] (78) Allowable occupant load increases. Section 14.8.1.3.1 is amended to read as follows: “14.8.1.3.1 The occupant load in any building or portion thereof shall be allowed to be increased from the occupant load established for the given use in accordance with the building code where all other requirements of this Code are also met, based on such increased occupant load. Occupant load increases shall be approved by the AHJ. The fire department shall be notified of any increase in occupant load.” \[2018 HSFC: 79\] SUPP. 14 (7-2023) 17-29 § 17-1-21 H AWAI‘I C OUNTY C ODE (79) Egress capacity. Section 14.8.3.1 is amended to read as follows: “14.8.3.1 Egress capacity for approved components of means of egress shall be based on the capacity factors shown in the building code.” \[2018 HSFC: 80\] (80) Special signs at elevators. Section 14.14.8.4 is added to read as follows: “14.14.8.4 At all elevator locations on each floor level above and below the floor of exit discharge, there shall be displayed in a conspicuous location a sign reading: “IN CASE OF FIRE USE EXIT STAIRWAYS. DO NOT USE ELEVATORS”. Lettering shall be not less than 5/8-inch high. Exception: Signs at least 2-3/4-inches X 2-1/4-inches in overall size with legible wording and approved by the AHJ, may be used as an alternate and shall be affixed at each elevator call button assembly. Elevator service companies shall have their name and telephone number in the elevator key box.” \[2018 HSFC: 81\] (81) Water supply during construction. Section 16.4.3.1.1 is amended to read as follows: “16.4.3.1.1 A water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material is present.” \[2018 HSFC: 82\] (82) Required access. Section 18.2.3.1.3 is amended to read as follows: “18.2.3.1.3 The provisions of 18.2.3.1 through 18.2.3.2.2.1 shall be permitted to be modified by the AHJ where any of the following conditions exists: (1) Not more than two one- and two-family dwellings protected by an approved automatic sprinkler system in accordance with Section 13.1; (2) Not more than two existing one- and two-family dwellings; 2 (3) Private garages having an area not exceeding 1000 ft; 2 (4) Carports having an area not exceeding 1000 ft; 2 (5) Agricultural buildings having an area not exceeding 1000 ft; and (6) Sheds and other detached buildings having an area not exceeding 2 .” 1000 ft \[2018 HSFC: 83\] SUPP. 14 (7-2023) 17-30 F IRE § 17-1-21 (83) Fire department access road widths. Section 18.2.3.5.1.1 is amended to read as follows: “18.2.3.5.1.1 Fire department access roads shall have an unobstructed width of not less than twenty feet (6.1 meters) or as approved by the AHJ.” \[2018 HSFC: 84\] (84) Fire department access road vertical clearance. Section 18.2.3.5.1.2 is amended to read as follows: “18.2.3.5.1.2 Fire department access roads shall have an unobstructed vertical clearance of not less than thirteen feet six inches (4.1 meters) or as approved by the AHJ.” \[2018 HSFC: 85\] (85) Fire department access roads (FDAR)-turning radius. Section 18.2.3.5.3.1 is amended to read as follows: “18.2.3.5.3.1 Fire department access roads shall have a minimum inside turning radius of thirty feet, and a minimum outside turning radius of fifty feet.” (86) Fire department access roads bridges or culverts. Section 18.2.3.5.5.1 is amended to read as follows: “18.2.3.5.5.1 When a bridge or culvert is required to be used as part of a fire apparatus access road, it shall be constructed and maintained in accordance with county requirements.” \[2018 HSFC: 86\] (87) Fire department access roads bridges or culverts live loads. Section 18.2.3.5.5.2 is amended to read as follows: “18.2.3.5.5.2 The bridge or culvert shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.” \[2018 HSFC: 87\] (88) Water supply fire flow. Section 18.3.1 is amended to read as follows: “18.3.1 An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction. The approved water supply shall be in accordance with Section 18.4.” \[2018 HSFC: 88\] (89) Alternative water supply. 18.3.1.1.1 is added to read as follows: “18.3.1.1.1 NFPA 1141 and 1142 shall serve as references for additional water supply and flow information.” SUPP. 14 (7-2023) 17-31 § 17-1-21 H AWAI‘I C OUNTY C ODE (90) Minimum number of fire hydrants for fire flow. Section 18.5.4.1 is amended to read as follows: “18.5.4.1. The minimum number of fire hydrants needed to deliverthe required fire flow for new buildings in accordance with Section 18.4 shall be determined in accordance with Section 18.5.4 or as approved by the AHJ.” \[2018 HSFC: 89\] (91) Hydrants out of service. Section 18.5.9.1 is added to read as follows: “18.5.9.1. The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance. Records shall be made available for review by the AHJ upon request.” \[2018 HSFC: 90\] (92) Nonmetallic containers. Section 19.2.1.2.1 is amended by adding an exception at the end to read as follows: “Exception: Containers used by one- and two-family dwellings for refuse pickup.” \[2018 HSFC: 91\] (93) Flame-retardant requirements. Section 20.1.2.1 is amended by adding a new sentence at the end to read as follows: “A record of fire-resistant treatment shall be kept on the premises for review by the AHJ.” \[2018 HSFC: 92\] (94) Means of egress floor plan. Section 20.1.5.1.4. is added to read as follows: “20.1.5.1.4 A floor plan indicating the seating arrangements, and location and width of exit ways and aisles shall be submitted to the AHJ for review for places of assembly with an occupant load of three hundred or more persons. A copy of the plan shall be kept on display on the premises. An exit plan shall also be posted in a conspicuous location near the main entrance and shall be maintained in a legible condition by the building owner or agent. The building owner or agent shall be responsible for the inspection before each show or event of all required means of egress from each part of the building, including stairways, egress doors and any panic hardware installed thereon, aisles, and corridors. Passageways and similar elements of the means of egress shall be available for immediate use and free of all obstructions before each show or event. The building owner or agent shall inform all patrons of all required exit locations before each show or event in places of assembly with an occupant load of three hundred or more persons.” \[2018 HSFC: 93\] SUPP. 14 (7-2023) 17-32 F IRE § 17-1-21 (95) Means of egress inspection overcrowding. Section 20.1.5.1.5 is added to read as follows: “20.1.5.1.5 Authority to Stop Performance. Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited. The AHJ, upon finding overcrowding conditions or obstructions in aisles, passageways, or other means of egress, or upon finding a condition which constitutes an imminent danger, is authorized to cause the performance, presentation, spectacle, or entertainment to be stopped until such conditions or obstruction is corrected.” \[2018 HSFC: 94\] (96) Assembly open flame devices and pyrotechnics general. Section 20.1.5.3 is amended by amending paragraph (1), to read as follows: “(1) Pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that all of the following criteria are met: (a) Precautions satisfactory to the AHJ are taken to prevent ignition of any combustible material; (b) Use of the pyrotechnic device complies with Section 65.3; (c) Use of pyrotechnic devices indoors shall only be allowed in buildings protected throughout with automatic fire sprinklers; and (d) Use of pyrotechnic devices indoors shall only be allowed in buildings where all fire and life safety systems are deemed appropriate as determined by the AHJ.” \[2018 HSFC: 95\] (97) Open flame devices and pyrotechnics fire prevention. Section 20.1.5.3 is amended by adding paragraphs (7) and (8) to read as follows: “(7) When approved by the AHJ, open-flame devices may be used by performers, provided adequate precautions are taken to prevent ignition of combustible materials. Such devices shall not be used except in areas protected by an automatic sprinkler system. In addition, a minimum 20 foot clearance to the viewing audience shall be provided, or an approved barrier shall be erected to prevent accidental release onto the viewing audience. Performances with fire shall provide a plan approved by the AHJ. The plan shall address fuel use and storage, device ignition, device usage, and extinguishment procedures. \[2018 HSFC: 96\] SUPP. 14 (7-2023) 17-33 § 17-1-21 H AWAI‘I C OUNTY C ODE (8) Portable heating equipment, not flue-connected, shall be allowed only as follows: Equipment fueled by small heat sources which can be readily extinguished by water, such as candles or alcohol- burning equipment (including solid alcohol) may be used provided adequate precautions approved by the AHJ are taken to prevent ignition of any combustible materials.” \[2018 HSFC: 96\] (98) Occupant load sign for assemblies. Section 20.1.5.10.4.1 is amended to read as follows: “20.1.5.10.4.1 Any room or area constituting an assembly, regardless of seating arrangements, shall have a permanent occupant load sign posted in a conspicuous place near the main exit from the room.” (99) Use of school facilities for sleeping. Section 20.2.2.6 is added to read as follows: “20.2.2.6 Use of Educational Facilities for Sleeping. Educational occupancies that allow sleeping on a temporary basis shall: (1) Have the sleeping location approved by the AHJ; (2) Notify the AHJ no less than five (5) days prior to the event; and (3) Prohibit smoking and open flames and shall provide one of the following: (a) Smoke alarms in the designated sleeping area. When the facility is provided with a fire alarm system, the smoke alarms shall be connected to the fire alarm system; and (b) A fire watch approved by the AHJ.” \[2018 HSFC: 97\] (100) Emergency egress drills in schools. Section 20.2.4.2.3, paragraph (1) is amended by adding a new exception at the end to read as follows: “Exception: Fire drills at high schools, middle schools, and intermediate schools shall be conducted at least quarterly during school sessions.” \[2018 HSFC: 98\] (101) Manufactured housing. Section 20.11.5 is deleted in its entirety. \[2018 HSFC: 99\] SUPP. 14 (7-2023) 17-34 F IRE § 17-1-21 (102) Tents and temporary membrane structures. Section 25.1.1 is amended by adding an exception at the end to read as follows: “Exception: The provisions of this section do not apply to tents and temporary membrane structures having an area seven hundred square feet or less.” \[2018 HSFC: 100\] (103) Physical protection for all outside aboveground tanks. Section 42.3.3.7.2 is amended to read as follows: “42.3.3.7.2 Guard posts or other approved means shall be provided to protect tanks and appurtenances that are subject to vehicular damage in accordance with section 60.5.1.9.” \[2018 HSFC: 101\] (104) Emergency electrical disconnect signs. Section 42.5.7 is amended by adding the following sentences at the end, to read as follows: “Such devices shall be distinctly labeled as “EMERGENCY FUEL SHUTOFF DEVICE”. Signs shall be provided in approved locations. The signs shall be in red letters on a white background, not less than two inches high, with a one-fourth inch stroke.” \[2018 HSFC: 102\] (105) Fuel dispensing age limitation. Section 42.7.1.1 is added to read as follows: “42.7.1.1 Age Limitation. Persons under the eligible age to obtain a driver’s license are prohibited from dispensing fuel.” \[2018 HSFC: 103\] (106) Fuel dispensing prohibition of foreign objects. Section 42.7.1.2 is added to read as follows: “42.7.1.2 Foreign Objects. The placement of a foreign object(s), that allows the fuel dispensing lever to remain in the open position, is prohibited at all times.” \[2018 HSFC: 104\] SUPP. 14 (7-2023) 17-35 § 17-1-21 H AWAI‘I C OUNTY C ODE (107) Fuel dispensing signs. Section 42.7.2.6.4 is amended to read as follows: “42.7.2.6.4 Signs. Warning signs shall be conspicuously posted in the dispensing area and shall incorporate the following or equivalent wording: WARNING: It is unlawful and dangerous to dispense gasoline into unapproved containers. No smoking. Stop motor. No filling of portable containers in or on a motor vehicle. Place container on ground before filling. Discharge your static electricity before fueling by touching a metal surface away from the nozzle. Do not re-enter your vehicle while gasoline is pumping. If a fire starts, do not remove nozzle — back away immediately. Do not allow individuals under licensed age to use the pump. The placement of a foreign object(s), that allows the fuel dispensing lever to remain in the open position, is prohibited at all times.” \[2018 HSFC: 105\] (108) Attended self-service fuel dispensing prohibition of foreign objects. Section 42.7.4.3.2 is added to read as follows: “42.7.4.3.2. The placement of a foreign object, that allows the fuel dispensing lever to remain in the open position, is prohibited at all times.” \[2018 HSFC: 106\] (109) Unattended self-service fuel dispensing prohibition of foreign objects. Section 42.7.5.4.1 is added to read as follows: “42.7.5.4.1. The placement of a foreign object, that allows the fuel dispensing lever to remain in the open position, is prohibited at all times.” \[2018 HSFC: 107\] (110) Flammable finish spray booth inspection, testing, and maintenance. Sections 43.1.7.1.4, 43.1.7.1.5, and 43.1.7.1.6 are added to read as follows: “43.1.7.1.4. Flammable finishing spray booth and spray room installed in accordance with this code shall be inspected, tested, and maintained in accordance with NFPA 17, 25, 33, 34 and 2001.” \[2018 HSFC: 108\] SUPP. 14 (7-2023) 17-36 F IRE § 17-1-21 “43.1.7.1.5. Inspection Tag, Label, and Collar. Refer to the chapter on automatic fire sprinklers and other fire protection systems.” \[2018 HSFC: 108\] “43.1.7.1.6 Inspection Report. Refer to the chapter on automatic fire sprinklers and other fire protection systems for requirements.” \[2018 HSFC: 108\] (111) Commercial cooking extinguishing system acceptance test. Section 50.4.3.4 is added to read as follows: “50.4.3.4. Prior to the commencement of initial cooking operations, a satisfactory acceptance test of the system shall be made in accordance with the manufacturer’s instructions. The acceptance test shall be of an approved method and witnessed by the AHJ.” \[2018 HSFC: 109\] (112) Inoperable commercial cooking extinguishing or exhaust system. Section 50.5.1.6.1 is amended to read as follows: “50.5.1.6.1 Where the fire extinguishing system or exhaust system is inoperable the AHJ shall be verbally notified immediately. Where the systems are tested as unsatisfactory, the system owner or owner’s representative shall be notified in writing of the impairment.” \[2018 HSFC: 110\] (113) Commercial cooking inspection, testing, and maintenance reference table. Section 50.5.2.2.1 is added to read as follows: “50.5.2.2.1 A list of the appropriate commercial cooking extinguishing systems are found in Table 13.2.3.4.3.A entitled “Fire Protection Systems Reference Dates.” Other systems shall be approved by the AHJ.” \[2018 HSFC: 111\] (114) Commercial cooking extinguishing system inspection, testing, and maintenance reports. Sections 50.5.2.8.2 and 50.5.2.8.3 are added to read as follows: “50.5.2.8.2. An inspection, test, and maintenance report entitled “Commercial Cooking Extinguishing System Inspection, Testing and Maintenance Report” or similar report available on the State Fire Council’s website and approved by the AHJ shall be provided to the property owner or agent within fourteen days after the test.” \[2018 HSFC: 112\] SUPP. 14 (7-2023) 17-37 § 17-1-21 H AWAI‘I C OUNTY C ODE “50.5.2.8.3. An electronic copy of the unsatisfactory test report shall be submitted to the AHJ within five working days. The AHJ shall determine if the submittal of a satisfactory test report will be required.” \[2018 HSFC: 112\] (115) Commercial cooking extinguishing system inspection, testing, and maintenance tag. Section 50.5.3.3.3 is added to read as follows: “50.5.3.3.3 Inspection Tag. Commercial cooking extinguishing systems passing an inspection shall have an approved tag affixed to the hood’s extinguishing system piping near the manual activation device. The tag or label, as a minimum, shall entail the following: (1) Removal of the previous label; (2) Type of system tested; (3) Month and year the system was tested; (4) Certificate of fitness holder’s name and number; (5) Certificate of fitness holder’s company name, address and contact information; (6) Be yellow, at least two and one-fourth of an inch in width, and three and one-fourth of an inch in length without any visual obstructions; (7) Be constructed of a durable material approved by the AHJ; and (8) Be punched with no more than one year and one month.” \[2018 HSFC: 113\] (116) Hazardous materials management plan (HMMP) on-site. Section 60.1.6.4 is added to read as follows: “60.1.6.4 The HMMP shall be made available on site.” \[2018 HSFC: 114\] (117) Hazardous materials protection from vehicles. Section 60.5.1.9.2, item (2) is amended to read as follows: “(2) They shall be spaced not more than three feet between posts on center.” \[2018 HSFC: 115\] (118) Fireworks removal. Section 65.1.3 is added to read as follows: “65.1.3. The AHJ is authorized to require the owner to remove at the expense of the owner, all fireworks offered for sale, stored, or possessed in violation of Chapter 65, or other applicable state or county laws or rules.” \[2018 HSFC: 116\] SUPP. 14 (7-2023) 17-38 F IRE § 17-1-21 (119) Fireworks regulation. Section 65.1.4 is added to read as follows: “65.1.4. Importation, storage, possession, sale, purchase, transfer, public displays and discharge of fireworks shall be in accordance with chapter 132D, HRS.” \[2018 HSFC: 117\] (120) Fireworks permits. Section 65.9.2.2 is deleted in its entirety. \[2018 HSFC: 118\] (121) Consumer fireworks retail sales. Section 65.10 is added to read as follows: “65.10 Retail sales of consumer fireworks in both new and existing buildings, structures, and facilities shall comply with the requirements of Chapter 6 and 7 of NFPA 1124, 2013 Edition.” \[2018 HSFC: 119\] (122) Flammable and combustible liquid tank permits. Section 66.1.5 is amended to read as follows: “66.1.5 Permits and Plans. Permits, where required, shall comply with Section 1.12 and applications for permits shall be submitted with a proposed site plan.” \[2018 HSFC: 120\] (123) Unpermitted flammable and combustible liquid tank prohibition. Section 66.1.5.1 is added to read as follows: “66.1.5.1 Filling Unpermitted Tanks Prohibited. No fuel supplier shall fill or cause to be filled, an unpermitted storage tank. It is the supplier’s responsibility to request and be presented with a copy of the approved permit issued by the AHJ.” \[2018 HSFC: 121\] (124) Underground flammable and combustible liquid tank closure in place. Section 66.21.7.4.3.3 is amended to read as follows: “66.21.7.4.3.3 Underground Tanks Permanently Closed in Place. Underground tanks may be permanently closed in place only if a certified structural engineer confirms that the removal of the tank will jeopardize the structural integrity of the existing building. An affidavit attesting to this determination shall be submitted to the AHJ prior to taking permanent closure measures. Tanks permanently closed in place shall meet all the following requirements: (1) All applicable AHJs shall be notified; (2) A safe workplace shall be maintained throughout the prescribed activities; SUPP. 14 (7-2023) 17-39 § 17-1-21 H AWAI‘I C OUNTY C ODE (3) All flammable and combustible liquids and residues shall be removed from the tank, appurtenances, and piping and shall be disposed of in accordance with regulatory requirements and industry practices, using a written procedure; (4) The tank, appurtenances, and piping shall be made safe by either purging them of flammable vapors or inerting the potential explosive atmosphere. Confirmation that the atmosphere in the tank is safe shall be by testing of the atmosphere using a combustible gas indicator if purging, or an oxygen meter if inerting, at intervals in accordance with written procedures; (5) Access to the tank shall be made by careful excavation to the top of the tank; (6) All exposed piping, gauging and tank fixtures, and other appurtenances, except the vent, shall be disconnected and removed; (7) The tank shall be completely filled with an inert solid material; (8) The tank vent and remaining underground piping shall be capped or removed; (9) The tank excavation shall be backfilled; and (10) A record of tank size, location and date of permanent closure shall be retained by the owner and a copy submitted to the AHJ.” \[2018 HSFC: 122\] (125) Unpermitted liquefied petroleum gases and natural gases tank prohibition. Section 69.1.2.1 is added to read as follows: “69.1.2.1 Filling Unpermitted Tanks Prohibited. No fuel supplier shall fill or cause to be filled, an unpermitted storage tank. It is the supplier’s responsibility to request and be presented with a copy of the approved permit issued by the AHJ.” \[2018 HSFC: 123\] (126) LPG-enclosures. Sections 69.3.5.1.4 through 69.3.5.1.6 are added to read as follows: “69.3.5.1.4 Containers shall not be within enclosures that would cause the build-up of flammable gasses in the event of a leak.” “69.3.5.1.5 Enclosures shall not be within three feet of the tank.” “69.3.5.1.6 Enclosures shall not impede access to fire suppression activities.” SUPP. 14 (7-2023) 17-40 F IRE § 17-1-21 (127) Section 69.3.8.1.2.1 is added to read: “69.3.8.1.2.1 Vehicular Protection. When Bollards or Guard posts are installed, they shall meet the requirements of Section 60.5.1.9.2 of this code.” (128) LPG-cooking inside of vehicles. Sections 69.3.12.8.5 and 69.3.12.8.6 are added to read as follows: “69.3.12.8.5 LPG-cooking inside of vehicles. Portable LPG cylinders greater than 2.7 lb. capacity shall not be used or stored in an area that will obstruct or impede the egress in the case of an emergency. Not more than 12 LPG cylinders of 2.7 lb capacity or less shall be kept, used, or stored in any vehicle. LPG cylinders of 5 gallon capacity or greater shall not be used within any vehicle. All LPG appliance and equipment shall be listed for that use.” “69.3.12.8.6 Portable fire extinguishers shall be provided as required in NFPA 10.” (129) Section 69.3.15.3.13.1 is amended to read as follows: “69.3.15.3.13.1 Vehicle Fuel Dispenser and Dispensing Systems General Installation Provisions. Concrete filled guard posts constructed of steel not less than four inches in diameter, with the following characteristics: (1) Spaced not more than three feet between posts on center. (2) Set not less than three feet deep in concrete footing of not less than fifteen-inches diameter. (3) Set with the top of the posts not less than three feet above ground. (4) Located not less than three feet from the protected installation.” (130) Section 69.4.2.2.14.1 is added to read as follows: “69.4.2.2.14.1 Fuel Supplier Responsibility. No fuel supplier shall fill or cause to be filled, any unpermitted fuel storage tank that should otherwise be permitted.” (2023, ord 23-8, sec 1.) 17-1-21 SUPP. 14 (7-2023) 17-41 § 17-2-1H AWAI‘I C OUNTY C ODE Article 2. Fireworks Code. Division 1. General Provisions. Section 17-2-1. Title. This article shall be known as the fireworks code and shall apply to the importation, storage, possession, sale, purchase, transfer, and discharge of fireworks within the County. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) Error! Reference source not found. Section 17-2-2. Definitions. Whenever used in this article, unless the context otherwise requires: “Aerial device” means any fireworks: (1) Containing one hundred thirty milligrams or less of explosive materials that produces an audible or visible effect and is designed to rise higher than twelve feet into the air and explode or detonate in the air, or to fly about above the ground; (2) That are prohibited for use by any person who does not have a display permit issued by the County under section 132D-16, Hawai‘i Revised Statutes; and (3) Including firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines. “Articles pyrotechnic” means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation. “Consumer fireworks” means any fireworks designed primarily for retail sale to the public during authorized dates and times, that produces visible or audible effects by combustion, and that is designed to remain on or near the ground and, while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls of colored sparks, and includes combination items that contain one or more of these effects. “Consumer fireworks” shall comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as set forth in Title 16 Code of Federal Regulations and fireworks classified as UN0336 and UN0337 by the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. “Consumer fireworks” include firework items commonly known as: firecrackers; snakes; sparklers; fountains; and cylindrical or cone fountains that emit effects up to a height SUPP. 14 (7-2023) 17-42 F IRE § 17-2-2 not greater than twelve feet above the ground; illuminating torches; bamboo cannons; whistles; toy smoke devices; wheels; and ground spinners that when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited; novelty or trick items; combination items; and other fireworks of like construction that are designed to produce the same or similar effects. “County building code” means chapters 5, 5A, 5B, and 5C of this Code. “County fire code” means chapter 17, article 1, of this Code. “Cultural” means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawai‘i. “Department” means the Hawai‘i fire department. “Display” means the use of aerial devices, display fireworks, or articles pyrotechnic for any activity, including such activities as movie or television production. “Display fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes containing more than two grains (one hundred and thirty milligrams) of explosive materials, aerial shells containing more than forty-grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks.” This term also includes fused set pieces containing components, which together exceed fifty milligrams of salute power. “Fire chief” means the chief of the Hawai‘i fire department or the chief’s duly authorized representative. “Firecrackers” mean single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter that contain a charge of not more than fifty milligrams of pyrotechnic composition. “Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. The term “fireworks” shall not include any explosives or pyrotechnics regulated under chapter 396, Hawai‘i Revised Statutes, or automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its, or other devices which contain twenty-five hundredths of a grain or less of explosive substance. SUPP. 14 (7-2023) 17-43 § 17-2-2H AWAI‘I C OUNTY C ODE “Import” (and any nounal, verbal, adjectival, adverbial, and other equivalent form of the term used interchangeably in this article) means to bring or attempt to bring fireworks or articles pyrotechnic into the County or to cause fireworks or articles pyrotechnic to be brought into the County. “License” means a nontransferable, formal authorization, valid for a period from April 1 of the year in which the license was issued to March 31 of the following year and which the department is hereby authorized to issue under chapter 132D, Hawai‘i Revised Statutes, to engage in the act or acts specifically designated therein. “Movie” or “television production” means a series of activities that are directly related to the creation of visual and cinematic imagery to be delivered via film, videotape, or digital media and are to be sold, distributed, or displayed as entertainment or the advertisement of products for mass public consumption, including scripting, casting, set design and construction, transportation, videography, photography, sound recording, interactive game design, and post production. “Permanent” means the state of one object being affixed to another object by glue or other means in a manner that the affixed object is intended to not be easily removable. “Permanent fireworks storage building or structure” means a building or structure affixed to a foundation on a site and having fixed utility connections, which is intended to remain on the site for more than one hundred eighty consecutive calendar days in a twelve-month period for the purpose of receiving, storing, or shipping fireworks, but in which no manufacturing of fireworks is performed. “Permit” means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is authorized to issue under chapter 132D, Hawai‘i Revised Statutes, to engage in the act or acts specifically designated therein. “Pyrotechnic composition” or “pyrotechnic contents” means the combustible or explosive component of fireworks. “Red flag warning” means a weather forecast issued by the National Weather Service indicating that weather conditions associated with the outbreak of wildfire may occur. “Redistribution” means the receiving, separating, consolidating or delivery of fireworks to wholesale, retail, or storage locations. “Shipper” means an entity or person, including a freight forwarder, that is hired for the transport of aerial devices, articles pyrotechnic, consumer fireworks, display fireworks, or fireworks. “State Fire Code” means the current State Fire Code as adopted by the State of Hawai‘i pursuant to chapter 132, Hawai‘i Revised Statutes. “Store” means to have or keep in reserve for future distribution or delivery. “Temporary fireworks storage building or structure” means a building or structure that is used for fireworks storage for one hundred eighty days or less in a twelve-month period. “Unit” means one individual firecracker. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-2 SUPP. 14 (7-2023) 17-44 F IRE § 17-2-3 Section 17-2-3. Public information. (a) The public may obtain information about matters within the jurisdiction of the department by inquiring at the office of the Hawai‘i fire department. Inquiries may be made in person at the department’s office during regular business hours, or by submitting a request for information in writing to the fire chief. (b) Department records which are subject to inspection by the public pursuant to chapters 92 and 92F, Hawai‘i Revised Statutes: (1) May be examined upon request; and (2) Are available upon payment of the fees established by statute or County ordinance. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) Error! Reference source not found. Division 2. Prohibitions. Section 17-2-21. General prohibitions. (a) Fireworks, including aerial devices, consumer fireworks, display fireworks, and articles pyrotechnic shall not be imported, possessed, stored, offered for sale, sold, transferred, purchased, set off, ignited, discharged, thrown, used, or otherwise caused to explode within the County unless licensed, permitted, or otherwise allowed by this article. (b) It shall be unlawful for any person to: (1) Remove or extract the pyrotechnic contents from any fireworks or articles pyrotechnic; (2) Remove or extract the pyrotechnic contents from any fireworks or articles pyrotechnic and use the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device; (3) Throw any fireworks or articles pyrotechnic from a vehicle; (4) Set off, ignite, discharge, or otherwise cause to explode any fireworks or articles pyrotechnic: (A) At any time not within the periods for use prescribed in section 17-2-41(b), unless permitted pursuant to division 4 of this article; (B) Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, animal shelter, or animal hospital; (C) Within three hundred feet of any consumer fireworks retail sales facility; (D) In any school building, or on any school grounds or yards on any occasion; and (E) On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; or within one thousand feet of any building used for public worship during the periods when services are held; except as may be permitted pursuant to division 4 of this article; SUPP. 14 (7-2023) 17-45 § 17-2-21 H AWAI‘I C OUNTY C ODE (5) Set off, ignite, discharge, or otherwise cause to explode any display fireworks, articles pyrotechnic, or aerial devices within areas zoned residential or agricultural; and (6) It shall be unlawful to violate any of the provisions of this article. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-21 Section 17-2-22. Minors. It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in section 17-2-23. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-22 Section 17-2-23. Liability of parents or guardians. (a) The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this article and shall be subject to the penalties thereunder; except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult. (b) The parents, guardian, and other persons having the custody or control of any minor, may be subject to civil and criminal penalties should it be found that negligence on their part caused loss of life, injury, or property damage from fireworks or articles pyrotechnic being ignited by such minors. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-23 Division 3. Licenses. Section 17-2-31. License required. (a) Any person desiring to store, offer to sell, or sell, at wholesale or retail, aerial devices, consumer fireworks, display fireworks, or articles pyrotechnic or to possess aerial devices, display fireworks, or articles pyrotechnic within the County shall obtain a license issued by the department. (b) Any person desiring to import aerial devices, consumer fireworks, display fireworks, or articles pyrotechnic into the County shall obtain a license issued by the department. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-31 Section 17-2-32. General license provisions. (a) A license may only be issued to a person eighteen years of age or older. (b) Licenses are nontransferable. SUPP.14 (7-2023) 17-46 F IRE § 17-2-32 (c) Licenses are valid for a period beginning on April 1 of the year in which the license was issued and ending on March 31 of the following year. The date of issuance or effect and the date of expiration shall be noted on the license. (d) Licenses shall be prominently displayed in public view and secured at the location for which the license has been issued. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-32 Section 17-2-33. License application process. (a) Applications for licenses to import, store, offer to sell, or sell, at wholesale or retail, aerial devices, consumer fireworks, display fireworks, or articles pyrotechnic, or applications for licenses to possess aerial devices, display fireworks, or articles pyrotechnic within the County may be obtained at the department. (b) Completed applications for licenses may be delivered during business hours from 8:00 a.m. to 4:00 p.m. or mailed to the department. (c) Applications for all licenses shall be submitted to the department at least forty-five calendar days from the date on which importing, storage, wholesaling or retailing activities would begin. (d) The department may deny an application for a license if the applicant is not in compliance with the requirements of this article or chapter 132D, Hawai‘i Revised Statutes or if the proposed use or activity presents a substantial inconvenience to the public or an unreasonable fire or safety hazard. Licenses or denials of license applications will be mailed to the applicant by the department. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-33 Section 17-2-34. Applications to include. (a) Applications for all licenses shall be in writing, signed by the applicant and shall include: (1) The date of the application; (2) The name of the applicant as follows: (A) If the applicant is a sole proprietor, the name of the proprietor; (B) If the applicant is a partnership, the name of the partnership and the names of all partners; and (C) If the applicant is a corporation, the name of the corporation and the names and titles of its officers; (3) The address, telephone number, and age of the applicant; and (4) A self-addressed envelope of adequate size and sufficient postage. (b) If the license is to import consumer fireworks, the application shall also include: (1) The address of the importer; (2) The date upon which importation will begin; (3) Class and estimated quantity of fireworks to be imported; and (4) The physical address where the fireworks will be stored. (c) If the license is to import aerial devices, display fireworks, or articles pyrotechnic, the application shall also include: (1) The address of the importer; SUPP. 14 (7-2023) 17-47 § 17-2-34 H AWAI‘I C OUNTY C ODE (2) The date upon which importation will begin; (3) Class and estimated quantity of fireworks to be imported; (4) The physical address where the fireworks will be stored; and (5) Written documentation regarding the proposed display event and related contact information, in a form prescribed by the department, to allow the department to validate the importation of the inventory. (d) If the license is to store, offer to sell, or to sell fireworks, the application shall also include: (1) The date upon which the storage, sale, or offers for sale will begin; (2) The address of the location of the licensee; (3) The address where the fireworks will be stored, and the address where the sales or offers to sell will occur; (4) The name of the proprietor; or (5) If a partnership, the name of the partnership and the names of all partners; or (6) If a corporation, the name of the corporation and the names of its officers. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-34 Section 17-2-35. Application fees. (a) Licensees that plan to conduct business in the County shall pay the following fees for each license, pursuant to section 17-2-31: (1) $3,000 for each importer per year; (2) $2,000 for each wholesaler’s site per year; (3) $1,000 for each permanent or temporary storage site per year; and (4) $500 for each retailer’s site per year. (b) As used in this section, the term “year” shall pertain to the period beginning on April 1 of the year in which the license was issued to March 31 of the following year. (c) The nonrefundable fee for each license shall be made payable to the director of finance and shall be submitted to the department with the application. (d) The department shall provide an exemption from license fees to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-35 Section 17-2-36. Requirements of licensee. (a) Sale or transfer. (1) It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks, or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by division 4 (Permits). (2) The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate on the permit the amount and type of fireworks sold or transferred. SUPP. 14 (7-2023) 17-48 F IRE § 17-2-36 (3) No fireworks shall be sold or delivered to any permittee in any amount in excess of the amount specified in the permit. (4) No fireworks shall be sold to a permittee holding a permit issued for purposes of sections 17-2-42 through 17-2-44, more than five calendar days prior to the designated periods for use as set forth in sections 17-2-42 through 17-2-44. (b) Structures, buildings, and facilities. Structures, buildings, and facilities where fireworks are stored or redistribution activities are performed shall comply with County, State, and National building and fire codes. (c) Reporting. Any person who has obtained a license pursuant to section 17-2-31 shall comply with the following reporting requirements regarding fireworks and articles pyrotechnic: (1) Importers shall submit to the department an inventory list of the contents of each shipment received that specifies the name of the fireworks or articles pyrotechnic, “ex” number, and quantity of each item received within ten working days of receiving the product. (2) Wholesalers shall submit to the department within three working days after the product is shipped: copies of sales invoices or packing lists, or both, that indicate the date of shipment; customer’s name; type of fireworks or articles pyrotechnic shipped; and the amount delivered. (3) Storage facilities shall: (A) Provide written notification to the department whenever fireworks or articles pyrotechnic are moved from the facility, within three working days after the product is moved; (B) Maintain a report which contains a listing of all fireworks and articles pyrotechnic brought into the facility, moved from the facility, and current inventory, including dates of activity and destinations of all product moved from the facility; and (C) Provide the report to the department for inspection, upon request. (4) Retailers shall submit to the department: (A) An inventory list of the contents of each shipment received that specifies the name of the fireworks or articles pyrotechnic, “ex” number, and quantity of each item received within ten working days of receiving the product; and (B) An ending inventory of all remaining product and the location of the storage facility where the product is being stored. (d) Posting notice. Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing fireworks of the prohibitions, liabilities, and penalties incorporated in sections 17-2-22 (Minors), 17-2-23 (Liability of parents), 17-2-61 (Penalties). (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-36 SUPP. 14 (7-2023) 17-49 § 17-2-37 H AWAI‘I C OUNTY C ODE Section 17-2-37. Compliance and revocation. (a) Prior to or following the issuance of a license the department may at its discretion, inspect the proposed location where the fireworks will be stored or sold, at wholesale or retail, to ensure that the applicant is in compliance with the County fire code, State fire code, and County building code. (b) Persons to whom licenses are issued shall comply with the provisions of: the license; this article; chapter 132D, Hawai‘i Revised Statutes; and all applicable County, State, and Federal laws. (c) If a licensee fails to comply with the provisions of the license, this article, chapter 132D, Hawai‘i Revised Statutes, or applicable County, State, or Federal laws, or if the department determines that the licensee stores or handles the fireworks in such a manner as to present an unreasonable safety hazard the department may immediately revoke the license; and (d) If the department discovers at a later date that a licensee has been convicted of a felony under this article or chapter 132D, Hawai‘i Revised Statutes, the department shall revoke the licensee’s license and no new license shall be issued to the licensee for a period of two years from the date of the license revocation. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-37 Division 4. Permits. Section 17-2-41. Permits. (a) The following types of fireworks permits are available to the public: (1) Consumer fireworks. (A) Permits for the purchase and use of firecrackers, during designated periods, on New Year’s Eve to New Year’s Day; Chinese New Year’s Day, and the Fourth of July, pursuant to section 17-2-42. (B) Permits for the purchase and use of consumer fireworks for cultural purposes, other than during designated periods on New Year’s Eve to New Year’s Day, Chinese New Year’s Day, and the Fourth of July, pursuant to section 17-2-43. (2) Aerial devices, display fireworks, and articles pyrotechnic. Permits to purchase, set off, ignite, discharge, or otherwise cause to explode aerial devices, display fireworks, and articles pyrotechnic, pursuant to section 17-2-44. (b) Permits not required. Consumer fireworks other than firecrackers may be set off, ignited, discharged, or otherwise caused to explode within the County without a permit during the following periods: (1) 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; (2) 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and (3) 1:00 p.m. to 9:00 p.m. on the Fourth of July. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-41 SUPP. 14 (7-2023) 17-50 F IRE § 17-2-42 Section 17-2-42. Firecrackers. (a) Firecrackers may be purchased and used within the County with a permit from: (1) 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; (2) 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and (3) 1:00 p.m. to 9:00 p.m. on the Fourth of July. (b) Not more than five thousand individual firecrackers shall be allowed per each permit. (c) Applications for permits to purchase and use firecrackers during the periods prescribed in subsection (a) shall be in writing, signed by the applicant and shall include: (1) Name, age, telephone number, and address of the applicant and the person who will control the firing of fireworks, if different; (2) Date of the permitted activity; (3) Location where the permitted activity is to occur; and (4) Estimated quantity of firecrackers to be used under the permit, but not exceeding five thousand units. (d) The nonrefundable fee for this permit shall be $25, payable to the director of finance, and must be submitted at the time of the application. (e) Firecrackers with a permit issued pursuant to this section may not be purchased more than five calendar days prior to the designated periods for use set forth in subsection (a). (f) Each permit issued pursuant to this section shall not allow purchase of firecrackers for more than one event as set forth in subsection (a). (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-42 Section 17-2-43. Consumer fireworks for cultural purposes. (a) Consumer fireworks, including firecrackers, may be used for cultural purposes with a permit during any time not specified in subsection 17-2-41(b). (b) A permit issued pursuant to this section shall authorize purchase and use of consumer fireworks from 9:00 a.m. to 9:00 p.m. on the date for which the permit was issued, provided that not more than five thousand individual firecrackers shall be allowed per each permit. (c) Applications for permits to purchase and use consumer fireworks for cultural purposes pursuant to this section shall be in writing, signed by the applicant and shall include: (1) Name, age, telephone number, and address of the applicant and the person who will control the firing of fireworks, if different; (2) Name of the organization’s, corporation’s, club’s, establishment’s, or other entity’s proprietor, partner or officer and verification that the person making the application is the authorized agent of the entity; (3) Estimated quantity of consumer fireworks to be used under the permit, but not exceeding five thousand units; and (4) Date, time period, and description of the proposed cultural use of the consumer fireworks. SUPP. 14 (7-2023) 17-51 § 17-2-43 H AWAI‘I C OUNTY C ODE (d) A person, including the proprietor, partner, corporate officer or duly authorized agent of any temple, cemetery, or any cultural association, lion dance club, or other similar organization desiring to purchase, discharge, fire, or explode consumer fireworks for cultural purposes or occasions, or desiring to provide for the discharging, firing, or exploding of consumer fireworks by members of their organizations, clients, patrons, or customers, for cultural purposes or occasions may obtain a permit pursuant to this subsection. (1) The nonrefundable fee for this permit shall be $25, payable to the director of finance, and must be submitted at the time of the application. (2) A permit issued pursuant to this subsection shall not allow purchase of consumer fireworks for more than one event. (e) A permit may be issued to an establishment for the use of consumer fireworks at the establishment during the period of the permit. Such permit may allow the establishment to purchase consumer fireworks for cultural purposes specified in the permit. (1) The nonrefundable fee for this permit shall be $25, payable to the director of finance, and must be submitted at the time of the application. (2) The time period of a permit for an establishment shall not exceed six months. (f) Consumer fireworks, with a permit issued pursuant to this section, may not be purchased more than five calendar days prior to the designated periods for use as set forth in subsection 17-2-41(b), and as stated on the permit. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-43 Section 17-2-44. Aerial devices, display fireworks, and articles pyrotechnic. (a) Aerial devices, display fireworks, and articles pyrotechnic may be purchased, set off, ignited, discharged, or otherwise caused to explode only for display and if permitted in writing pursuant to this section. (b) Aerial devices, display fireworks, and articles pyrotechnic shall be set off, ignited, discharged, or otherwise caused to explode only from 9:00 a.m. to 9:00 p.m. The fire chief may extend this time period for special events. Applicants shall submit requests for extension of the time period in writing, stating the reason for the extension, and the length of extension requested. The time restriction established in this subsection shall not apply to aerial devices, display fireworks, and articles pyrotechnic set off, ignited, discharged, or otherwise caused to explode within the County solely as part of a movie or television production. (c) No aerial devices, display fireworks, or articles pyrotechnic shall be set off, ignited, discharged or otherwise caused to explode within areas zoned residential or agricultural. (d) Display permit applications shall be in writing, signed by the applicant and include the following: (1) The name, age, and address of the applicant; (2) The name, age, and address of the person who will operate the display, and a current photo copy of pyrotechnic operator’s certificate of fitness, issued by the State of Hawai‘i; SUPP. 14 (7-2023) 17-52 F IRE § 17-2-44 (3) The time, date, physical address, and plot plan of the display site, of the display including distances between the location where the display will take place and buildings, spectators, roadways, and special hazards; (4) A complete inventory of the type and quantity of aerial devices, display fireworks, and articles pyrotechnic to be purchased, set off, ignited, discharged, or otherwise caused to be exploded, including product size, type, and amount; (5) The purpose or occasion for the display; (6) Letter of approval from the property owner of the physical address where the display will take place that authorizes the discharge of aerial devices, display fireworks, or articles pyrotechnics for display on this property; (7) Copy of applicant’s insurance policy or surety bond as required in subsection (e); and (8) Approved permits from the following agencies if applicable: (A) Department of land and natural resources land division; (B) Department of land and natural resources boating and ocean recreation division; (C) United States Coast Guard; and (D) Federal Aviation Agency. (e) No display permit shall be issued unless the applicant presents, at the applicant’s option, either: (1) A written certificate of an insurance carrier or a policy, which has been issued to or for the benefit of the applicant, providing for the payment of damages in the amount of not less than $250,000 for injury to, or death of, any one person, and subject to the foregoing limitation for one person; in the amount of not less than $500,000 for injury to, or death of, two or more persons; and in the amount of not less than $100,000 for damage to property, caused by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee’s agents, employees, or subcontractors. The certificate shall state that the policy is in full force and effect and will continue to be in full force and effect for not less than ten days after the date of the display. The County of Hawai‘i, its officers, agents, employees, and affiliates, shall be listed as an additional insured on the insurance certificate; or (2) The bond of a surety company duly authorized to transact business within the State, or a bond with not less than two individual sureties who together have assets in the State equal in value to not less than twice the amount of the bond, or a deposit of cash, in the amount of not less than $500,000 conditioned upon the payment of all damages that may be caused to any person or property by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee’s agents, employees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the display. SUPP. 14 (7-2023) 17-53 § 17-2-44 H AWAI‘I C OUNTY C ODE (f)The department may require coverage in amounts greater than the minimum amounts set forth in subsection (e) of this section if deemed necessary or desirable in consideration of such factors as: (1) Location and scale of the display; (2) Type of aerial devices, display fireworks, or articles pyrotechnic to be used; and (3) Number of spectators expected. (g) The nonrefundable fee for this permit shall be $110 for each event, payable to the director of finance, and must be submitted with the application. (h) An application for a display permit shall be submitted to the department not less than twenty calendar days before the proposed date of the display. All items required to be included with the permit application shall accompany the application at time of submittal. (i) Prior to the issuance of a display permit and at the discretion of the department, an inspection of the proposed firing area may be required. Inspections, when conducted, shall ascertain compliance with National Fire Protection Association Standards 1123 entitled “Outdoor Display of Fireworks” or 1126 entitled, “Pyrotechnics Before a Proximate Audience,” 2011 Edition, which are incorporated herein by reference. (j) A site inspection fee of $200 shall be assessed for each display event. For multi- day events, each day shall constitute a separate event and require payment of a separate site inspection fee. (k) A display permit or a request for an extension of the time period for a display permit may be issued by the department if the requirements imposed by this article and chapter 132D, Hawai‘i Revised Statutes are met. The permit shall authorize the holder to display aerial devices, display fireworks, or articles pyrotechnic only at the place and during the time set forth therein, and to acquire and possess the specified aerial devices, display fireworks, or articles pyrotechnic between the date of the issuance of the permit and the time during which the display of those aerial devices, display fireworks, or articles pyrotechnic is authorized. (l) The applicant shall be notified in writing whether the display permit has been approved or denied within ten working days after receipt of application. (m) If required by the department, written notification of an upcoming display shall be given to all area residents within one thousand feet of the firing site. The display operator shall be responsible for issuing the notification. (n) Notwithstanding the foregoing, any display permit issued by the department may be revoked or suspended immediately by the department for the following reasons: (1) The climatic, atmospheric, or other conditions on the date of the proposed firing may reasonably be believed to make the use of aerial devices, display fireworks, or articles pyrotechnic hazardous to persons or property; (2) A Red Flag Warning that affects the location of the display has been issued by the National Weather Service; or SUPP. 14 (7-2023) 17-54 F IRE § 17-2-44 (3) Any requirement imposed by this article or chapter 132D, Hawai‘i Revised Statutes, or any condition of the permit necessary to minimize the danger to persons or property is not met. (o) A post-display report shall be submitted to the department within five days after the display. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-44 Section 17-2-45. General permit provisions. (a) A permit may only be issued to a person eighteen years of age or older. (b) Permits are nontransferable. (c) Permits are valid for a period beginning on January 1 and ending December 31. In no case shall the period of a permit exceed one year. The date of issuance or effect and the date of expiration shall be noted on the permit. (d) Permits are valid only when the fireworks are used at the site, on the date, and during the time indicated on the permit. (e) Permits shall be prominently displayed in public view at the location, on the date, and time indicated on the permit. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-45 Section 17-2-46. Permit application process. (a) Applications for permits may be obtained at the department or at locations designated by the department. (b) Completed applications for permits may be delivered during business hours from 8:00 a.m. to 4:00 p.m. or mailed to the department. (c) The department may deny an application for a permit if the applicant is not in compliance with the requirements of this article or chapter 132D, Hawai‘i Revised Statutes or if the proposed use presents a substantial inconvenience to the public or an unreasonable fire or safety hazard. Permits or denials of permit applications shall be mailed to the applicant by the department. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-46 Section 17-2-47. Compliance and revocation. (a) Permittees shall comply with the provisions of: permits issued pursuant to this article; chapter 132D, Hawai‘i Revised Statutes; and all applicable County, State, and Federal laws. (b) If a permittee fails to comply with the provisions of this permit this article, chapter 132D, Hawai‘i Revised Statutes, or applicable County, State, or Federal laws, or if the department determines that the permittee handles or uses fireworks in such a manner as to present an unreasonable safety hazard, the department may immediately revoke the permit. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-47 SUPP. 14 (7-2023) 17-55 § 17-2-51 H AWAI‘I C OUNTY C ODE Division 5. Importation and Exportation. Section 17-2-51. Licensee’s duty of notification. Any person who has obtained a license pursuant to this article, and ships fireworks or articles pyrotechnic into or out of the County shall: (1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest; (2) Declare on the bill of lading or shipping manifest the gross weight of fireworks or articles pyrotechnic to be imported or exported in each shipment; (3) Declare on the bill of lading or shipping manifest, the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored; (4) Prior to shipment, notify the department regarding whether the shipment will be distributed from: (A) Pier to pier; (B) Pier to warehouse or storage facility; or (C) Pier to redistribution; (5) When a shipment is booked, the importer, shipper, or consignee shall notify the department in writing of the expected shipment’s landing date; and (6) Upon receipt of any shipment, provide the department with copies of sales invoices or packing slips, or both, that clearly indicate: (A) Name, address, phone number of seller; (B) Name and description of the product; and (C) Quantity received. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-51 Section 17-2-52. Inspection of fireworks. The department shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic when a shipment of fireworks has landed and becomes subject to the jurisdiction of the department or before a shipment leaves the jurisdiction. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-52 Section 17-2-53. Importation and storage. (a) The facility in which fireworks or articles pyrotechnic are to be stored must: (1) Obtain the approval of the department fifteen calendar days prior to the shipment’s arrival; and (2) Satisfy the requirements of the State fire code, County fire code, and County building code. SUPP. 14 (7-2023) 17-56 F IRE § 17-2-53 (b) Aerial devices, display fireworks, or articles pyrotechnic, shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee provides aerial devices, display fireworks, or articles pyrotechnic for displays as allowed pursuant to this article more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic, for a six-month inventory. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-53 Division 6. Enforcement and penalties. Section 17-2-61. Penalties. (a) Any person who imports fireworks or articles pyrotechnic without having a valid license pursuant to this article shall be guilty of: (1) A class C felony for shipments of up to and including ten thousand pounds gross weight; and (2) A class B felony for shipments of more than ten thousand pounds gross weight. (b) Any person who purchases, possesses, sets-off, or discharges fireworks or articles pyrotechnic without a valid permit or who stores, sells, or possesses fireworks or articles pyrotechnic without a valid license pursuant to this article shall be guilty of: (1) A class C felony if the total weight of the fireworks or articles pyrotechnic is twenty-five pounds or more; or (2) A misdemeanor if the total weight of the fireworks or articles pyrotechnic is less than twenty-five pounds. (c) Any person who transfers or sells fireworks or articles pyrotechnic to a person who does not have a valid permit pursuant to this article, shall be guilty of a class C felony. (d) Any person who commits the following acts shall be guilty of a misdemeanor: (1) Removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic; or (2) Removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device. (e) Except as provided in subsection (a), or as otherwise specifically provided for in this article or chapter 132D, Hawai‘i Revised Statutes, any person violating any other provision of this article or chapter 132D, Hawai‘i Revised Statutes, shall be fined not more than $2,000 for each violation. (f) Notwithstanding any penalty set forth herein, violations of paragraphs 17-2-61(a)(1) or 17-2-61(a)(2) may be subject to nuisance abatement proceedings provided in chapter 712, part V, Hawai‘i Revised Statutes. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-61 SUPP. 14 (7-2023) 17-57 § 17-3-1H AWAI‘I C OUNTY C ODE Article 3. Fire board of appeals. Section 17-3-1. Definitions. Whenever used in this article, unless the context otherwise requires: “Board” means the fire board of appeals. “County fire code” means chapter 17, article 1, of this Code. “Fire chief” means the chief of the Hawai‘i fire department or the chief’s designated representative. “Fireworks code” means chapter 17, article 2, of this Code. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-1 Section 17-3-2. Fire board of appeals established; appointment; qualifications. (a) There shall be a fire board of appeals consisting of five members who shall be appointed by the mayor and confirmed by the council in the manner prescribed by section 13-4 of the Charter. Three voting members of the board shall constitute a quorum. (b) Upon the initial appointment of members pursuant to this division, one shall be appointed for a term of one year, two for terms of two years, and two for terms of three years. Thereafter, board members shall serve three year terms pursuant to this section. (c) Members shall be residents of the County of Hawai‘i who possess education, experience, and knowledge in one or more of the following fields or professions: (1) Engineering or architectural design; (2) General contracting; (3) Fire protection contracting; (4) Fire department operations or fire code enforcement; (5) Building code enforcement; or (6) Legal. (d) Members shall not be employees, agents, or officers of the County. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-2 Section 17-3-3. Powers; duties; functions. (a) The fire board of appeals shall hear and issue rulings on appeals from final decisions of the fire chief relating to article 1, the County fire code and article 2, the fireworks code. (b) Rulings of the board shall interpret and be consistent with the County fire code and the fireworks code. In the event that any provision of the code is found to be ambiguous, the board shall interpret the intent of the code in a manner that affords due consideration for the safety of the public and firefighters. SUPP. 14 (7-2023) 17-58 F IRE § 17-3-3 (c) The board may grant alternatives or modifications to the provisions or requirements of the County fire code and the fireworks code, provided the following requirements are met: (1) Equivalencies. Systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by the County fire code and the fireworks code, may be allowed, provided technical documentation is submitted to the fire chief that demonstrates equivalency and that the system, method, or device is approved for the intended purpose. (2) Alternatives. The requirements of the County fire code and fireworks code may be altered by the fire chief to allow alternative methods that secure equivalent fire safety. In no case shall the alternative afford less fire safety than, in the judgement of the fire chief, would be provided by compliance with the provisions contained in the County fire code and fireworks code. (3) Modifications. The requirements of the County fire code and fireworks code may be modified by the fire chief upon application in writing by the owner, a lessee, or a duly authorized representative where there are practical difficulties in carrying out the provisions of the County fire code or fireworks code, provided that the intent of the Code is complied with, public safety secured, and substantial justice done. (d) The board may not waive the requirements of the County fire code or the fireworks code. (e) Board decisions shall not be precedent setting. (f) The board may adopt rules for the conduct of its business that are consistent with the County fire code and the fireworks code. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-3 Section 17-3-4. Appeals. (a) Any person directly affected by a decision of the fire chief relating to the administration of the County fire code or the fireworks code shall have standing to file an appeal of such decision with the fire board of appeals when it is asserted that one or more of the following conditions exists: (1) The true intent of the County fire code or fireworks code has been incorrectly interpreted; (2) The provisions of the County fire code or fireworks code do not fully apply; or (3) A decision was unreasonable or arbitrary when applied to alternatives or new materials. (b) An appeal shall be submitted to the fire chief in writing within thirty calendar days of the notification of violation. The appeal shall outline all of the following: (1) The County fire code or fireworks code provision or provisions from which relief is sought; (2) A statement indicating which provisions of subsection (a) apply; SUPP. 14 (7-2023) 17-59 § 17-3-4H AWAI‘I C OUNTY C ODE (3) Justification indicating why the provision of subsection (a) applies; (4) A requested remedy; and (5) Justification stating specifically how the requested remedy complies with the County fire code or fireworks code, secures public safety, and secures fire fighter safety. (c) Documentation supporting an appeal shall be submitted to the fire chief at least seven calendar days prior to the fire board of appeals hearing on the matter. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-4 Section 17-3-5. Meetings. (a) The board shall select one of its members to serve as chairperson and one member to serve as vice chairperson. (b) Meetings of the board shall be held at the call of the chairperson, at other times the board determines necessary, and within thirty calendar days of the filing of a notice of appeal. (c) All hearings before the board shall be conducted pursuant to chapter 92, Hawai‘i Revised Statutes, relating to public agency meetings and records. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-5 Section 17-3-6. Records. (a) The board shall keep minutes of its proceedings. These minutes shall include every decision of the board and the vote of each member. A member’s absence or failure to vote on a question shall also be recorded in the minutes. (b) The board shall keep records of its examinations and other official actions. (c) Minutes and records of the board shall be public records, pursuant to chapter 92, Hawai‘i Revised Statutes. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-6 Section 17-3-7. Decisions. (a) To vary the application of any provision of the County fire code or fireworks code, or modify an order of the fire chief made pursuant to these codes, at least three affirmative votes shall be required. (b) Decisions of the board to modify an order of the fire chief shall: (1) Be in writing; and (2) Specify the manner in which such modification is made, the conditions upon which it is made, the reasons therefore, and justification for the modification linked to specific code sections. (c) Every decision of the board shall be timely filed in the fire chief’s office and be open to public inspection, pursuant to chapter 92, Hawai‘i Revised Statutes. (d) A certified copy of a decision of the board shall be sent by mail or delivered in person to the appellant and a copy shall be publicly posted in the office of the fire chief for two weeks after filing. SUPP. 14 (7-2023) 17-60 F IRE §17-3-7 (e) A decision of the fire board of appeals shall be final. A party may obtain judicial review of the fire board of appeals final decision in the manner set forth in section 91-14, Hawai‘i Revised Statutes. (f) If a decision of the board reverses or modifies a refusal, order, or disallowance of the fire chief, or varies the application of any provision of the County fire code or fireworks code, the fire chief shall take action promptly in accordance with such decision. (g) No member of the board shall sit in judgment on any case in which the member holds a direct or indirect property or financial interest in the case. (2018, ord 18-15, sec 2; am 2023, ord 23-8, sec 3.) 17-3-7 SUPP. 14 (7-2023) 17-61 This page intentionally left blank. CHAPTER 18 PUBLIC TRANSPORTATION Article 1. Common Carriers. Division 1. General Provisions. Section 18-1. Definitions. Section 18-2. Safety glass required. Division 2. County Transportation Commission. Section 18-3. Membership. Section 18-4. Mass transit administrator as chief administrator. Section 18-5. Commission’s powers and duties. Division 3. Certificate of Public Convenience and Necessity. Section 18-6. Required; hearing; issuance. Section 18-7. Issuance in two or more names. Section 18-8. Revocation; causes. Section 18-9. Rates, routes, safety standards, and insurance set by commission. Section 18-10. Rules; procedure and evidence. Section 18-11. Notice of hearing. Section 18-12. Penalty; injunction. Section 18-13. Appeals. Section 18-14. Applicability of other laws. Division 4. Passenger Capacity. Section 18-15. Determination of carrier capacity. Section 18-16. Children excepted from consideration. Section 18-17. Seating capacity determined by examiner of chauffeurs. Section 18-18. Vehicle to bear notice of seating capacity. Section 18-19. Rated capacity limit. Section 18-20. Penalty. Division 5. Bus Terminals and Parking. Section 18-21. Bus terminal location; city buses. Section 18-22. Bus terminal location; country buses. Section 18-23. Rules and regulations. Section 18-24. Parking fee. i Article 2. Taxicabs. Division 1. General Provisions. Section 18-31. Purpose; scope; definitions. Section 18-32. Certificate of public convenience and necessity. Section 18-33. Hearing; factors considered; revocation. Section 18-34. Personal use by driver. Section 18-35. Cruising. Section 18-36. Unauthorized possession of taxicab paraphernalia. Section 18-37. Penalties. Section 18-37.1. Taxicab license. Section 18-37.2. Establishment of road taxi stands. Section 18-37.3. Prohibited acts. Section 18-37.4. Fraudulent call and nonpayment. Section 18-37.5. Notice required. Section 18-37.6. Bulky items. Section 18-37.7. Disorderly persons. Section 18-37.8. Soiling of taxicab. Section 18-37.9. Condition of taxicabs. Section 18-37.10. Taxi sign. Section 18-37.11. Taxicab control numbers. Section 18-37.12. Trip route. Section 18-37.13. Evidence of financial responsibility. Section 18-37.14. Rulemaking powers. Section 18-37.15. Appeals. Section 18-37.16. Trade names and markings. Section 18-37.17. Shared-ride taxi service. Division 2. Driver’s Permit. Section 18-38. Permit required; content. Section 18-39. Issuance requirements; exception. Section 18-40. Expiration; renewal; waiver of examination. Section 18-41. Permit fee. Section 18-42. Permit revocation or suspension. Section 18-43. Appeal to circuit court. Division 3. Taximeters and Fares. Section 18-44. Installation requirements. Section 18-45. Operation during taxi use. Section 18-46. Registration and inspection required. Section 18-47. Inspection fees. ii Section 18-48. Repair and testing of defective meter. Section 18-49. Schedule of fares. Section 18-50. Waiting time stipulation. Section 18-51. Computation of distance for fares. Section 18-52. Baggage charge. Section 18-53. Rate charges. Section 18-54. Multiple loading. Section 18-55. Posting of rates of fare. Article 3. School Buses. Division 1. General Provisions. Section 18-56. Definitions. Section 18-57. Penalty. Division 2. Specifications and Equipment. Section 18-58. School bus construction; inspections. Section 18-59. Fuel tank location; diesel exception. Section 18-60. Exhaust pipe requirements. Section 18-61. Door specifications. Section 18-62. Emergency exits. Section 18-63. Aisles and ceilings. Section 18-64. Seat location. Section 18-65. Seat specifications. Section 18-66. Required safety equipment. Section 18-67. Sanitary condition required. Section 18-68. Metal screening required; exception. Section 18-69. Identification markings. Division 3. Drivers and Bus Operations. Section 18-70. Liquor prohibited. Section 18-71. Smoking restricted. Section 18-72. Driver hours limited. Section 18-73. Talking with driver unnecessarily prohibited. Section 18-74. Inspection before operating vehicles. Section 18-75. Unsafe vehicle; alternative transportation. Section 18-76. Repair of deficient vehicle; certification required. Section 18-77. Conduct of passengers; driver’s responsibility. Section 18-78. Discharging riders in a safe manner required. Section 18-79. Driving violations to be reported to police. Section 18-80. Manner of operation. iii Section 18-81. Bus operation. Section 18-82. Dangerous loading prohibited. Section 18-83. Doors closed while vehicle in motion. Section 18-84. Manner of stopping vehicle outside city. Section 18-85. Manner of backing vehicle. Section 18-86. Use of clutch. Section 18-87. Pulling trailer or transporting freight prohibited. Division 4. Inspections. Section 18-88. Inspection of vehicles; issuance of certificate. Section 18-89. Monthly inspection required; certificate of inspection. Article 4. Public Transit System. Division 1. Island-Wide Fare Structure. Section 18-90. Fares. Section 18-91. Baggage. Section 18-92. Fare schedules. Division 2. Paratransit Service. Section 18-93. Establishment of paratransit service. Section 18-94. Definitions. Section 18-95. Eligibility. Section 18-96. Suspension of service. Section 18-97. Appeals. SUPP. 1 (1-2017) iv P UBLIC T RANSPORTATION§18-1 CHAPTER 18 PUBLIC TRANSPORTATION Article 1. Common Carriers. Division 1. General Provisions. Section 18-1. Definitions. As used in this chapter: “Carrier” means every person, individual, corporation, joint stock company, firm, association, lessee, trustee, receiver, or trustee appointed by any court, who or which owns, controls, operates, or manages a passenger-carrying motor vehicle, such as a sampan bus, taxi or other vehicle exempted from chapter 271, Hawai‘i Revised Statutes, operated in the transportation of the general public, over a prescribed route on a regular schedule over any public street or highway within the County, but not including: (1) Persons transporting passengers without charge in motor vehicles owned or operated by such person, where such transportation is provided in conjunction with and in furtherance of a related primary business purpose or enterprise of that person, except that this exemption shall not apply to persons making any contract, agreement, or arrangement to provide, procure, furnish, or arrange for transportation as a travel agent or broker or a person engaged in tour or sightseeing activities, nor shall this exemption apply where the transportation is undertaken by a person to evade the regulatory purposes of this chapter; (2) Sightseeing buses; (3) Private transportation services of churches and employers; (4) Student transportation; and (5) Any mass transit system owned, maintained, and operated by the County including, but not limited to, motor buses, street railroads, and fixed rail facilities. “Commission” means the County transportation commission. “Director of finance” means the director of finance or a person designated by the director of finance. “Handicapped” means any individual meeting one or more of the following standards and guidelines: (1) Any individual who by reason of illness, injury, advanced age, congenital malfunction, or other incapacity or disability, is unable to compete in the open job market for a period of more than one year. 18-1 § 18-1H AWAI‘I C OUNTY C ODE (2) Any individual unable to perform one or more of the following functions necessary to effectively utilize public transportation facilities without significant difficulty: (A) Negotiate a flight of stairs; (B) Boarding or alighting from a public transit vehicle; or (C) Walking more than two hundred feet. (3) Any individual unable without special facilities, special assistance, and special planning or design to utilize the public transit system as effectively as persons who are not so affected. Supporting evidence of the handicap shall be required by a licensed physician or agency involved in physical or mental handicap programs. The handicap identification card issued by the County transportation agency shall be recognized for certified handicapped individuals. “Public highways” mean the same as the definition of public highways in section 264-1, Hawai‘i Revised Statutes, including both State and County highways, but operation upon rails is not transportation on the public highways. “Safety glass” means any product composed of glass, manufactured, fabricated, or treated so as to substantially prevent shattering and flying of the glass when struck or broken or any other or similar product as may be approved by the director of finance. “Senior citizen” means any individual age sixty and over who maintains a senior citizen identification card issued by the County department of parks and recreation, elderly activities division. “Student” means any individual currently attending an educational institution certified by the State and maintains supporting evidence of present enrollment such as a student identification card. “Taxi” or “taxicab” means a vehicle designed to carry not more than eight passengers operated by a taxicab driver, which is used in the movement of passengers for hire on the public highways and which is directed to a destination by the passenger for hire or on the passenger’s behalf and which operates on call or demand. (1983 CC, c 18, art 1, sec 18-1; am 1979, ord 464, sec 1; am 1982, ord 805, sec 1; am 1986, ord 86-15, sec 1; am 1990, ord 90-19, sec 2; am 2008, ord 08-107, sec 2; am 2009, ord 09-74, sec 2.) 18-1 Section 18-2. Safety glass required. No person shall sell any new motor vehicle nor shall a reconstructed motor vehicle be registered which is designed or to be used for the purpose of transporting passengers for compensation or as a school bus unless the vehicle is equipped with safety glass wherever glass is used in doors, windows, and windshields. (1983 CC, c 18, art 1, sec 18-2.)18-2 18-2 P UBLIC T RANSPORTATION§18-3 Division 2. County Transportation Commission. Section 18-3. Membership. There shall be a County transportation commission composed of nine commissioners. One commissioner shall be appointed from each of the nine respective County council districts. Commissioners shall be appointed by the mayor with the approval of the council and may be removed by the mayor with the approval of the council. Commissioners shall serve staggered terms of five years, one member to be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. No member shall be eligible for a second appointment to the commission prior to the expiration of two years, provided that members of the commission initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term. In the transitional period following the amendment of this section of the code, vacancies on the transportation commission shall be filled in ascending council district order as such order may exist at the time an appointment is made by the mayor. (1983 CC, c 18, art 1, sec 18-3; am 1987, ord 87-57, sec 1; am 1993, ord 93-69, sec 1.)18-3 Section 18-4. Mass transit administrator as chief administrator. The mass transit administrator shall be the chief administrator and may assign any clerk, stenographer, agent or other assistant from the mass transportation agency* to the commission as may be necessary and define their powers and duties. (1983 CC, c 18, art 1, sec 18-4; am 1995, ord 95-18, sec 2; am 2004, ord 04-58, sec 4.)18-4 * Editor’s Note: The mass transportation agency was renamed the mass transit agency, by Ordinance 04-58, section 3. Section 18-5. Commission’s powers and duties. The commission shall have general supervision over carriers including taxicabs and shall perform the duties and exercise the powers imposed or conferred upon it by division 3 of this article and article 2 of this chapter. In addition, the commission may serve as an advisory body to the mass transit agency and, upon request of the mayor or council, advise on other transportation-related matters. (1983 CC, c 18, art 1, sec 18-5; am 1987, ord 87-57, sec 1; am 1990, ord 90-19, sec 3.)18-5 Division 3. Certificate of Public Convenience and Necessity. Section 18-6. Required; hearing; issuance. (a) No carrier operating upon and using the public highways of the County shall furnish any service without first obtaining from the commission a certificate declaring that public convenience and necessity require the operation and service. (b) Before issuing any certificate the commission shall hold a public hearing to determine whether there is a need for the operation and service. Any carrier who was in operation on May 8, 1972, shall be presumed to be engaged in an operation that is necessary to public convenience and necessity. Every certificate issued whether an original issuance or a renewal, shall be valid for an indefinite term. 18-3 § 18-6H AWAI‘I C OUNTY C ODE (c) The commission, after hearing, may suspend, alter, amend, or revoke any certificate issued, or may issue a temporary certificate. Every carrier shall operate and furnish service in strict conformity with the terms and provisions of the carrier’s certificate, except in cases of emergency defined by the commission. (1983 CC, c 18, art 1, sec 18-6; am 1979, ord 464, sec 2; am 1990, ord 90-119, sec 2.)18-6 Section 18-7. Issuance in two or more names. Any certificate issued in the names of two or more persons shall be presumed to be owned in joint tenancy, unless otherwise specifically stated by a written form submitted to the commission. (1983 CC, c 18, art 1, sec 18-7.)18-7 Section 18-8. Revocation; causes. Any certificate of a carrier issued under this division may be suspended or revoked only for any of the following causes: (1) The failure of the carrier to comply with the terms and conditions of its certificate. (2) The discontinuance by the carrier of the business of transporting passengers as a common carrier of passengers operating upon and using the public highways for a period of thirty consecutive days or more; provided that this paragraph shall not prevent the commission from altering or amending any certificate by reducing the service required thereunder when the discontinuance of the business relates only to one or more but less than all of the vehicles operated by the carrier. (3) The conviction of any driver of a vehicle operated by a certificated carrier of the charge of driving while intoxicated or under the influence of intoxicating liquor or of violating chapter 329 or chapter 281, Hawai‘i Revised Statutes. (4) The wilful refusal of the owner of a bus to pay for use of parking area in the bus terminal as provided in division 5 of this article. (5) The failure of the carrier to comply with this division and any lawful order of the commission. (1983 CC, c 18, art 1, sec 18-8.)18-8 Section 18-9. Rates, routes, safety standards, and insurance set by commission. (a) The commission by order shall fix, prescribe, and establish routes, schedules, rates, standards of safety, and insurance requirements as set forth in this section. All these matters shall be determined as to each carrier upon the hearing in connection with the original application for certificate of convenience and necessity, and thereafter, after a hearing upon application, complaint, or the commission’s own motion, may be changed, amended or altered. 18-4 P UBLIC T RANSPORTATION§18-9 (b) Any rate, fare, and charge made or charged by any carrier or by two or more carriers jointly shall be just and reasonable. Any schedule and route shall be established in accordance with the public convenience and necessity. Any standard of safety shall accord with best practices for the safety of the public. No common carrier shall operate and use the public highways until it has filed a bond or policy of insurance or other contract in writing with the commission under the same conditions as are required for common carriers under the control of the public utilities commission, except that in the case of taxicabs, the insurance requirement shall be as set forth in article 2 of this chapter. (c) No hearing shall be held regarding any matter covered by this section except after published notice, that is, notice by publication in a daily newspaper of general circulation in the County in accordance with the requirements of chapter 91, Hawai‘i Revised Statutes. (1983 CC, c 18, art 1, sec 18-9; am 1979, ord 464, sec 3; am 1990, ord 90-119, sec 3.)18-9 Section 18-10. Rules; procedure and evidence. The commission may make and amend rules not inconsistent with law respecting the procedure before it and shall not be bound by the strict rules of evidence but may exercise its own discretion in those matters with a view to doing substantial justice. (1983 CC, c 18, art 1, sec 18-10.)18-10 Section 18-11. Notice of hearing. Whenever any hearing is conducted by the commission, reasonable notice in writing of the hearing and of any subject to be considered shall be given to the carrier concerned, together with a copy of the complaint, if any, and a notice in writing of the date and place fixed by the commission for beginning the hearing shall be served upon the carrier and the complainant, if any, by registered or certified mail with return receipt requested at least fifteen days before the hearing. (1983 CC, c 18, art 1, sec 18-11; am 1979, ord 464, sec 4.)18-11 Section 18-12. Penalty; injunction. Any carrier violating this division shall be fined not more than $500 and may be enjoined by the circuit court from carrying on its business while the violation continues. (1983 CC, c 18, art 1, sec 18-12.)18-12 Section 18-13. Appeals. Any carrier who has been refused a certificate of convenience and necessity or whose certificate has been suspended, altered, amended, or revoked by the commission, may appeal from the refusal, suspension, alteration, amendment, or revocation to the circuit judge of the third circuit, at chambers, by filing a petition in the court within twenty days of the date of the order or decision appealed from; provided that the appeal shall not operate as a stay to the order or decision of the commission. The appeal shall be subject to the rules prescribed by the court and the Hawai‘i Rules of Civil Procedure. (1983 CC, c 18, art 1, sec 18-13.)18-13 18-5 § 18-14H AWAI‘I C OUNTY C ODE Section 18-14. Applicability of other laws. A carrier shall not be deemed a public utility within the meanings of chapters 381, 269, 270,* and 239, Hawai‘i Revised Statutes, and chapters 381, 269, 270,* and 239, Hawai‘i Revised Statutes, shall not apply to carriers regulated under this article except as specifically provided otherwise. (1983 CC, c 18, art 1, sec 18-14.)18-14 * Editor’s Note: Chapter 270, Hawai‘i Revised Statutes, was repealed pursuant to Act 102, SLH 1986. Division 4. Passenger Capacity. Section 18-15. Determination of carrier capacity. The seating (i.e., passenger carrying) capacity of each motor vehicle common carrier of passengers, as defined in section 288-2, Hawai‘i Revised Statutes, operating over any public street or highway within the County shall be determined and rated as follows: (1) If the length of any seating space in the vehicle is twenty-two inches or less, the seating capacity of the space is one passenger. (2) If the length of any seating space is more than twenty-two inches but not more than thirty-eight inches, the seating capacity is two passengers; provided, that for any motor vehicle common carrier transporting children to and from school or during school excursions and outings under any school bus transportation contract with the State, if the length of any seating space is more than thirty-eight inches but less than forty inches, the seating capacity is three passengers below nineteen years of age. (3) Each additional fifteen inches shall be seating space for an additional passenger. (4) In determining the seating capacity of a vehicle of the so-called “sampan bus” type, where there is no divisional space between the side and end seats, the inside perimeter of the seat shall be measured to determine the length of the seat and the same shall be considered as but one continuous seating space. (5) The seating space occupied by the chauffeur shall be included in and considered as part of the rated seating space of each vehicle. 18-6 P UBLIC T RANSPORTATION§18-15 (6) In fixing the capacity of any vehicle whose passenger seating capacity, as determined by subsection (a), is in excess of seventeen passengers, if the examiner of chauffeurs of the County department of finance finds that the minimum inside distance from the aisle floor to the ceiling of any vehicle is seventy-four inches, except any vehicle used exclusively for the transportation of school students in which case the minimum inside distance shall be seventy inches, and that the construction of the vehicle may safely carry an additional number of standing passengers in excess of the actual passenger seating capacity of the vehicle, then the examiner of chauffeurs may fix and allow a rated passenger carrying capacity to the vehicle in excess of the “rated seating capacity,” and for all purposes of this article, the rated passenger carrying capacity, so determined, shall be the “rated seating capacity” of the vehicle, except that the motor vehicle common carrier transporting children to and from school or during school excursions and outings under any school bus transportation contract with the County, the rated passenger carrying capacity shall be the actual passenger seating capacity of the vehicle. (A) In determining the number of standing passengers which the vehicle may carry in excess of its actual passenger seating capacity, the examiner of chauffeurs shall consider as a basis for a determination, but not be limited to, a minimum area of one and one-half square feet of aisle floor space per standing passenger. (B) No vehicle, whose “rated seating capacity,” includes standing passengers therein shall be permitted to carry passengers in excess of its actual passenger seating capacity (as distinguished from its “rated seating capacity”) within any area of the County outside the geographical limits of the City of Hilo; provided that the council may by resolution extend and take away the privilege of carrying standing passengers in any vehicle to any other area of the County and for any period as the council finds necessary. (1983 CC, c 18, art 1, sec 18-15; am 2008, ord 08-107, sec 3.)18-15 Section 18-16. Children excepted from consideration. A child under the age of five years not occupying seating space shall not be considered a passenger within the meaning of this division. (1983 CC, c 18, art 1, sec 18-16.)18-16 Section 18-17. Seating capacity determined by examiner of chauffeurs. The examiner of chauffeurs of the County department of finance shall measure the seating space of every common carrier vehicle and shall determine the seating capacity of each vehicle. (1983 CC, c 18, art 1, sec 18-17; am 2008, ord 08-107, sec 4.)18-17 18-7 § 18-18H AWAI‘I C OUNTY C ODE Section 18-18. Vehicle to bear notice of seating capacity. The seating capacity of each vehicle, except a sedan operated as a taxicab, shall be painted in numerals at least six inches high upon the right exterior of the vehicle, in a place and color as the examiner of chauffeurs shall direct. The seating capacity of each vehicle shall also be indicated in numerals two inches high, painted in the upper right corner of the windshield in a manner as to be readily legible from the inside of the vehicle. (1983 CC, c 18, art 1, sec 18-18.)18-18 Section 18-19. Rated capacity limit. No license shall be issued in the County under section 445-222,* Hawai‘i Revised Statutes, for any motor vehicle common carrier of passengers allowing for the carrying of passengers of a number in excess of the rated seating capacity of the vehicle. (1983 CC, c 18, art 1, sec 18-19.)18-19 * Editor’s Note: Section 445-222, Hawai‘i Revised Statutes, was repealed pursuant to Act 67, SLH 1996. Section 18-20. Penalty. If any common carrier motor vehicle for passengers operating upon or using the public streets or highways of the County carries passengers (including the chauffeur) in excess of the rated seating capacity, the chauffeur of the vehicle shall be guilty of a misdemeanor and shall be sentenced to pay a fine up to $500. (1983 CC, c 18, art 1, sec 18-20.)18-20 Division 5. Bus Terminals and Parking. Section 18-21. Bus terminal location; city buses. ion of the bayfront parking area next to Mo‘oheau Park is set aside for the purpose of a bus terminal for city buses. (1983 CC, c 18, art 1, sec 18-21.)18-21 Section 18-22. Bus terminal location; country buses. -makai portion of the bayfront parking area is set aside for the purpose of a bus terminal for country buses. (1983 CC, c 18, art 1, sec 18-22.)18-22 Section 18-23. Rules and regulations. The council shall make rules and regulations for the parking of city and country buses. (1983 CC, c 18, art 1, sec 18-23.)18-23 Section 18-24. Parking fee. The finance director shall collect from the owner or operator of each bus parking in a bus terminal the sum of $3.50 per month. (1983 CC, c 18, art 1, sec 18-24.)18-24 18-8 P UBLIC T RANSPORTATION§18-31 Article 2. Taxicabs. Division 1. General Provisions. Section 18-31. Purpose; scope; definitions. (a) Because the transportation of passengers or property for hire in a taxicab is a vital and integral part of the public transportation system in the County, it shall be supervised, regulated and controlled exclusively pursuant to this chapter. (b) As used in this article, unless the context otherwise requires: “Chief of police” means the chief of police of the County of Hawai‘i or the chief of police’s duly authorized subordinates. “Commission” means the County transportation commission. “Council” means the council of the County of Hawai‘i. “Cruise” or “cruising” means the movement or standing of a taxicab on a public highway or at a public place in the County for the purpose of searching for or soliciting a passenger for hire. “Director” means the director of finance of the County, or the director’s duly authorized subordinates. “Multiple loading” means individuals or groups of individuals, not traveling together, who agree to share a taxicab to destinations in the same area or along the same route, from a common origin. (Multiple loading, when radio dispatched, may be initiated from other than points of common origin.) “Passenger for hire” means a person transported in a taxicab for consideration. “Property for hire” means property transported in a taxicab for consideration. “Road taxi stand” means a space set aside on a public street or County- controlled facility by the council for the exclusive use of taxicabs. “Shared-ride taxi” shall mean a taxicab operating under a public transit program administered by the County of Hawai‘i. “Taxicab” means a vehicle designed to carry not more than eight passengers, operated by a taxicab driver, which is used in the movement of passengers for hire on the public highways and which is directed to a destination by the passenger for hire or on the passenger’s behalf and which operates on call or demand. “Taxicab company” means any person or entity which holds licenses for one or more taxicabs, leases motor vehicles to drivers to be used as taxicabs, or which operates a central dispatch service for one or more taxicabs. “Taxicab driver” means a person duly licensed as a driver of a motor vehicle who has obtained a valid taxicab driver’s permit. 18-9 § 18-31H AWAI‘I C OUNTY C ODE “Waiting time” means the period during which a taxicab is standing at the direction of or on behalf of a passenger for hire and the time consumed due to traffic delays while transporting a passenger for hire, which time is automatically computed by the taximeter when the speed of the vehicle falls at or below the speed at which the fare computed using the basic distance rate is equal to the fare computed using the basic time rate. (1983 CC, c 18, art 2, sec 18-31; am 1990, ord 90-19, sec 4; ord 90-37, sec 2.)18-31 Section 18-32. Certificate of public convenience and necessity. No person or company shall operate a taxicab without first obtaining from the commission a certificate declaring that the public convenience and necessity require the operation and service, in accordance with section 18-6 of this chapter. The procedure for obtaining a certificate to operate a taxicab is hereby established. (a) An applicant for a certificate to operate a taxicab shall submit an application to the director at least forty-five days before a scheduled meeting of the commission. The application shall be accompanied by a nonrefundable filing fee of $10 and shall contain the following information: (1) The full name and address of applicant. (A) If applicant is a partnership, the full name and address of all partners. (B) If applicant is a corporation or association, the full name and address of all the officers and directors thereof. (2) A statement detailing any previous experience in the taxicab business, if any, of the applicant, the partners, or if the applicant is a corporation or association, the officers and directors thereof. (3) A criminal abstract of the applicant. If the applicant is a partnership, then a criminal abstract of the partners. If the applicant is a corporation or association, then a criminal abstract of the officers, directors, and supervising employees thereof, including the general manager, if any. (4) The number of taxicabs the applicant desires to operate. (5) The passenger capacity of each vehicle the applicant intends to use as a taxicab according to the manufacturer’s rating, along with the type of vehicle to be used and the name of the manufacturer. (6) Written assurance that each vehicle employed under this certificate shall be kept clean and in good mechanical and physical condition at all times. (7) The insurance proposed to be carried, the amount and name of provider. (8) Details of the service to be provided, including the geographic area of the island to be served and the hours of the proposed service. (9) Any written evidence available to support the contention by the applicant that the public convenience and necessity justify the issuance of this certificate. The burden of proof of this is on the applicant. 18-10 P UBLIC T RANSPORTATION§18-32 (b) The director shall review each application for completeness and accuracy. Upon a determination by the director that the application is complete in compliance with this section, a public hearing on the application will be scheduled for the next meeting of the commission. Notice of the hearing will be given to the applicant, any other interested parties as determined by the director, and to the public by publication of the notice of hearing in a newspaper as required by chapter 91, Hawai‘i Revised Statutes. (c) The applicant will appear at the hearing and present an overview of intended operations, experience, and financial responsibility. If the applicant does not appear, the commission may defer action on the application until the next commission meeting. The director will present any evidence or recommendations as the director may deem necessary to the commission. Any other interested parties may also appear and testify or submit written testimony either in favor of or against the issuance of the certificate. (d) Any certificate which is in effect at July 1, 1990 to operate a taxicab shall continue to be valid for an indefinite term as if it had been issued in accordance with these provisions. (1990, ord 90-119, sec 5.)18-32 Section 18-33. Hearing; factors considered; revocation. (a) After a hearing held in accordance with section 18-32, the commission will either grant or refuse to grant a certificate based on consideration of the following factors: (1) The current status of the public transportation system in the County, including but not limited to that system’s current and future ability to provide for the timely and effective movement of people; (2) The demonstrated need, as shown by the applicant for a certificate, for additional taxicab service in the County that is not, or cannot be, accomplished by existing companies; (3) The financial responsibility of the applicant; (4) In consideration of the current status of the County’s public transportation system, the ratio of population in the area to be served to the number of taxicabs currently in operation; (5) Any prior experience by the applicant in the taxicab industry, and the moral character of the applicant; (6) The interests of the applicant in establishing a local business to legitimately serve the citizens of this County as well as visitors to the island; and (7) Any other factors which the commission may deem advisable or necessary. (b) Upon approval by the commission of an application, an applicant will be issued a certificate. Each certificate will authorize the applicant to operate one taxicab. The certificate may contain such other terms or conditions as the commission deems appropriate. It will be a condition of the certificate that the applicant has thirty days to comply with the requirements of this chapter regarding taxicabs and obtain a taxicab license for the current year. 18-11 § 18-33H AWAI‘I C OUNTY C ODE (c) Certificates to operate taxicabs are transferable with the prior approval of the commission. An application must be submitted for approval to the commission by the proposed new owners in accordance with the requirements of section 18-32 in the same manner as an application for a new taxicab. The commission shall hold a hearing on the proposed change of owner in the same manner as for a new application, except that if the service is to be provided under the same terms and conditions as provided in the original certificate, the service will be assumed to be justified by public convenience and necessity. Upon the approval of a transfer of ownership, the new certificate holder will have thirty days to comply with the requirements of this chapter regarding taxicabs and obtain a taxicab license in the certificate holder’s name for the current year. (d) A successful applicant for a certificate who fails to obtain a taxicab license for the current year within thirty days after the certificate is granted shall be subject to revocation proceedings by the commission under section 18-8 of this chapter. (e) An applicant whose application for a certificate is denied by the commission shall receive in writing a statement detailing the reasons for denial of the application. An appeal of the decision of the commission may be made to the circuit court of the third circuit in accordance with section 18-13 of this chapter. (1990, ord 90-119, sec 6.)18-33 Section 18-34. Personal use by driver. (a) Whenever a taxicab equipped with a taximeter is in personal use of the driver and not for hire, a “special” sign shall be affixed to the flag of the taximeter. (b) The director of finance shall prescribe the size and specification of the “special” metal sign and the sign shall be furnished by the director at cost. (1983 CC, c 18, art 2, sec 18-34; am 2008, ord 08-107, sec 5.)18-34 Section 18-35. Cruising. (a) Except in those areas controlled by the Federal or State government or its agencies where cruising is prohibited by statute, rule, regulation, directive, or order, a driver of a taxicab shall be permitted to cruise in search of patronage at anytime. (b) This section shall not apply to any taxicab driver soliciting patronage at any steamship wharf or airplane terminal. (1983 CC, c 18, art 2, sec 18-35.)18-35 Section 18-36. Unauthorized possession of taxicab paraphernalia. No person who does not possess a valid taxicab license issued pursuant to the provisions of this article shall permit any motor vehicle owned, operated or otherwise under the control of such person to be equipped with, carry or display any: (a) Taximeter; (b) Fare box; (c) Taxicab driver’s permits; or (d) Any sign, light, or other device that identifies such motor vehicle as a taxicab. (1983 CC, c 18, art 2, sec 18-36; am 1990, ord 90-19, sec 6.)18-36 18-12 P UBLIC T RANSPORTATION§18-37 Section 18-37. Penalties. Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $500. (1983 CC, c 18, art 2, sec 18-37.)18-37 Section 18-37.1. Taxicab license. (a) The director of finance shall issue taxicab licenses and collect the required fees in accordance with the provisions of this article and any other applicable provisions of the law. Each license issued shall allow the applicant to operate one taxicab. The issued licenses shall not be transferable. (b) No taxicab license shall be issued to any applicant unless the applicant has been granted a certificate of public convenience and necessity by the commission and submit evidence of compliance with the requirements of this article regarding: (1) Posting of taxicab driver’s permit; (2) Posting of fare schedule; (3) Physical condition of taxicab; (4) Taxicab roof sign; (5) Taxicab control number; (6) Taximeter inspection; (7) Trade name and markings; and (8) Financial responsibility. (c) Fees. (1) All licenses issued under this section shall expire on June 30 of the current licensing year. An application for the renewal of such license for the following year may be made on or after the first day of June. (2) The annual fee for a taxicab license shall be $120; provided that, when a license fee has already been paid on a vehicle and that vehicle is, within the year, replaced by another vehicle, the unexpired portion of the license fee paid on the vehicle so replaced shall be credited to the license fee payable for the substitute vehicle. For the purposes hereof the unexpired portion of the license fee paid on the vehicle which has been replaced shall be that portion of the annual fee which is equal to one-twelfth of said fee multiplied by the number of full months remaining during the current licensing year. Whenever a vehicle licensed as a taxicab is replaced by another vehicle under the provisions of this article, the sum of $10 in addition to the license fee shall be assessed against the owner of the vehicle so replaced to defray the administrative costs incurred by the County. When the initial application for such license is made in any month other than July, the license fee shall be reduced by one-twelfth of the annual fee for each full month of the license year which shall have elapsed at time of the application. 18-13 § 18-37.1H AWAI‘I C OUNTY C ODE (3) Upon payment of fees required by this section, the director of finance shall issue a decal to be placed on the left side of the rear bumper as evidence that current fees have been paid. When a decal is lost, stolen or mutilated, a replacementshall be issued upon collection of a fee of $1. (d) Surrender and cancellation. (1) The holder of a taxicab license shall immediately surrender said license and decal to the director of finance when the taxicab license thereunder has not been used to carry passengers for hire for a consecutive period of thirty days. (2) The above period shall be extended to a total of one hundred eighty days if the nonuse is caused by the vacation, illness or injury of the regular taxicab driver or due to the delay of repair due to parts or receipt of a replacement taxicab. (3) Upon surrender, the taxicab license shall be cancelled. (e) License revocation or suspension. (1) Any taxicab license issued pursuant to this article may be suspended or revoked by the commission after a hearing held in compliance with section 18-11 of this chapter and chapter 91, Hawai‘i Revised Statutes, whenever the holder of the taxicab license fails to comply with the requirements of any section of this article. (2) Any taxicab license issued pursuant to this article may be suspended for up to thirty days by the director for violations of this article. Within the thirty-day suspension period, the commission shall conduct a hearing to either uphold or rescind the actions of the director. (f) Use of fees. Annual license fees collected pursuant to this section shall be used exclusively for enforcement of County taxi industry regulations. (1990, ord 90-19, sec 15; am 1997, ord 97-127, sec 2.)18-37.1 Section 18-37.2. Establishment of road taxi stands. The council may establish road taxi stands on public streets and County-controlled facilities upon recommendation of the commission. The commission shall study and recommend to the council the site placement of such stands. The director shall issue, upon application therefor on forms furnished by the director and upon the payment of annual fees as hereinafter provided, permits for the parking of taxicabs. All permits issued under this section shall be valid for a permit year commencing with the first day of July. A permit, deemed granted upon approval of the application, shall expire on June 30 of the permit year issued. However, an application for the renewal of such permit for the following year may be made on or after the first day of June and approval thereof may be granted upon the payment of the permit fee. The permit shall be evidenced by an appropriate decal furnished by the director which shall be placed on the left side of the rear bumper adjacent to the taxicab license decal. 18-14 P UBLIC T RANSPORTATION§18-37.2 The director shall charge and collect a permit fee, consisting of an annual fee to be determined by the council for each permit, and a fee of $1 for each decal; provided that, where the application for such permit is made in any month other than July, the permit fee shall be reduced by one-twelfth of the annual fee amount for each full month of the then permit year which shall have elapsed at time of the application; provided further that, when an annual permit fee has already been paid on the vehicle and that vehicle is within the year replaced by another vehicle, the unexpired portion of the permit fee paid on the vehicle so replaced shall be credited to the permit fee payable for the substituted vehicle and for the purpose hereof, the unexpired portion of the permit fee shall be reduced by one-twelfth of the annual fee amount for each full month remaining of the current permit year. Where a decal is mutilated, defaced or lost, a replacement decal shall be issued upon payment of $1. (1990, ord 90-19, sec 16.)18-37.2 Section 18-37.3. Prohibited acts. (a) Intoxicating liquor. (1) Intoxicating liquor, as defined by section 281-1, Hawai‘i Revised Statutes, as amended, shall not be carried in any taxicab during the business hours of such taxicab, except as the property of a passenger riding in said taxicab, or as property for hire. (2) No person shall consume any intoxicating liquor as defined by section 281-1, Hawai‘i Revised Statutes, as amended, while a passenger in any taxicab upon any public street, road, or highway. (3) No person shall possess, while a passenger in a taxicab upon any public street, road, or highway, any bottle, can or other receptacle containing any intoxicating liquor as defined by section 281-1, Hawai‘i Revised Statutes, as amended, which has been opened, or a seal broken, or the contents of which have been partially removed. (4) No person shall drive a taxicab while having any alcohol in that person’s blood, body or breath. (b) The operator of a taxicab or taxicab company shall not refuse to furnish an unengaged, available taxicab and driver during the business hours of such stand upon call or request from an orderly person located within one mile of such taxicab or taxicab company, by the most direct street route. 18-15 § 18-37.3H AWAI‘I C OUNTY C ODE (c) Taxicab companies and drivers are prohibited from paying kickbacks to hotel doorpersons or other persons that dispatch taxicabs. It shall also be unlawful for a hotel doorperson or other person to solicit or receive such a kickback from a taxicab company or taxicab driver. This provision shall not apply to legitimate commissions paid to tour and travel companies, legitimate payments to taxicab companies, or salaries or wages paid to dispatchers employed by taxicab companies. For the purpose of this subsection, “kickback” means a payment by a taxicab company or driver to a hotel doorperson or other person who dispatches the taxicab company or driver to carry a passenger for hire, property for hire, or both, when the payment is required, explicitly or implicitly, by the hotel doorperson or other person as consideration for the dispatch. (1990, ord 90-19, sec 17.)18-37.3 Section 18-37.4. Fraudulent call and nonpayment. It shall be unlawful for any person to call for a taxicab for purposes of hire without intending to use such taxicab or to use a taxicab for hire without intending to pay the legal fare upon completion of the trip. (1990, ord 90-19, sec 18.)18-37.4 Section 18-37.5. Notice required. Each vehicle used as a taxicab shall display at all times a notice in the taxicab interior in both English and Japanese which is readily visible to and readable by passengers. This notice shall be provided by the director and shall read as follows: “The driver of this taxicab is required to give a receipt for service provided to any customer who requests a receipt. Any complaint about taxicab service or charges may be directed to the County Director of Finance, (mailing address), (telephone number).” (1990, ord 90-19, sec 19.)18-37.5 Section 18-37.6. Bulky items. A taxicab driver may refuse to transport any item not capable of being transported within the confines of the rear passenger compartments or the trunk of the taxicab. (1990, ord 90-19, sec 20.)18-37.6 Section 18-37.7. Disorderly persons. Notwithstanding any of the foregoing provisions, the operator of a taxicab or taxicab company may refuse to dispatch a taxicab to, and a taxicab driver may refuse to furnish transportation to a disorderly person. (1990, ord 90-19, sec 21.)18-37.7 18-16 P UBLIC T RANSPORTATION§18-37.8 Section 18-37.8. Soiling of taxicab. A taxicab driver may require a passenger for hire, whose condition may be likely to soil the seats of the taxicab, to sit upon protective material furnished by such driver. Upon noncompliance with the request, the taxicab driver may refuse to transport such passenger. (1990, ord 90-19, sec 22.)18-37.8 Section 18-37.9. Condition of taxicabs. No vehicle shall be operated as a taxicab unless it is in a reasonably clean and safe condition inside, so as not to damage the person, clothing or possessions of a passenger. The vehicle’s exterior shall be reasonably clean and shall be essentially free from cracks, breaks and major dents. It shall be painted to provide adequate protection and appearance. Each operating wheel shall be equipped with hub caps, wheel covers, or other suitable covering. Repairs done to comply with this section shall be done within a reasonable time based on availability of parts and labor. (1990, ord 90-19, sec 23; am 2008, ord 08-107, sec 6.)18-37.9 Section 18-37.10. Taxi sign. A taxicab shall be identified with a sign (which may be a dome light sign) on the roof of the taxicab. The name of the individual owning or operating the taxicab or the name of the firm shall be shown on the front of the sign and it will be optional to place either the name or telephone number of such individual or firm on the rear of the sign. Except as provided in this article, the type, design, and placement of the sign shall be as specified by the director of public works of the County of Hawai‘i. The sign may be a detachable type so that it may be removed when the vehicle is not used for taxicab purposes. (1990, ord 90-19, sec 24; am 2001, ord 01-108, sec 1; am 2008, ord 08-107, sec 7.)18-37.10 Section 18-37.11. Taxicab control numbers. No person may operate a taxicab unless the taxicab is clearly identified and marked as prescribed herein with a taxicab control number assigned by the director of finance. The taxicab control number shall be prominently posted on the exterior surfaces of the front and rear bumpers of the taxicab. The taxicab control number posted on the taxicab as prescribed herein may be either painted onto the surfaces or be comprised of decals provided by the taxicab company owner, or operator, and shall conform to such other requirements or specifications as the director of finance may prescribe by rule. (1990, ord 90-19, sec 25.)18-37.11 Section 18-37.12. Trip route. No operator of a taxicab may transport a passenger except to the requested destination by the most direct or economical route unless specifically instructed or agreed to by the passenger. (1990, ord 90-19, sec 26.)18-37.12 18-17 § 18-37.13H AWAI‘I C OUNTY C ODE Section 18-37.13. Evidence of financial responsibility. (a) The director of finance shall require evidence of financial responsibility from the owner and/or operator of a taxicab or taxicab company before issuing a taxicab license and decal to engage in the taxicab business. The owner and/or operator shall have insurance in force and other evidence of financial responsibility so long as the taxicab is used in business. Such evidence of financial responsibility shall be evidenced by an insurance policy as required below. The director of finance shall retain the original copy of the insurance policy issued by a company licensed to do business in the State of Hawai‘i. The policy shall be duly countersigned by its authorized Hawai‘i agent complete with all endorsements and attachments or a certified copy thereof. Such policy shall provide for primary public liability insurance coverage in the amount of $100,000 because of bodily injury to or death of one person in any accident, and in the amount of $200,000 because of bodily injury to or death of two or more persons in any one accident, and property damage insurance in the amount of $50,000 because of damage to or destruction of property of owners in any one accident for each taxicab for hire. All policies shall be on a fiscal year basis ending on June 30 of each year. Insurance policies on vehicles regulated under this article shall contain a provision that the policy will not be reduced in coverage or cancelled without thirty calendar days’ prior written notice to the director of finance by the authorized Hawai‘i agent for the insurance company. In addition to the coverage above, if the taxicab operator or taxicab company is participating in a County sponsored shared-ride taxi program or renting a road taxi stand space from the County, they shall comply with the insurance requirements of those programs and the County of Hawai‘i shall be named as additional insured on the policy. (b) If at any time after the issuance of the taxicab license and license decal the required insurance coverage is reduced or cancelled, the director of finance shall revoke or suspend the taxicab license and license decal. Such revocation shall be done in accordance with section 18-11 hereof and chapter 91, Hawai‘i Revised Statutes. (1990, ord 90-19, sec 27.)18-37.13 Section 18-37.14. Rulemaking powers. The director of finance and the chief of police are authorized to promulgate any rules or regulations not inconsistent with this chapter, having the force and effect of law, as provided for in chapter 91, Hawai‘i Revised Statutes, in the administration and enforcement of this article. (1990, ord 90-19, sec 28.)18-37.14 18-18 P UBLIC T RANSPORTATION§18-37.15 Section 18-37.15. Appeals. An applicant whose application for a taxicab license has been denied, revoked or suspended by the director of finance may file within thirty days after receipt of said revocation, suspension or denial an appeal for a hearing with the commission. (1990, ord 90-19, sec 29.)18-37.15 Section 18-37.16. Trade names and markings. The director shall have the power to approve or disapprove the use of a trade name or marking by a taxicab or taxicab company. A trade name or marking may be disapproved if its use may cause confusion or misidentification, or it is in any other way undesirable. (1990, ord 90-19, sec 30.)18-37.16 Section 18-37.17. Shared-ride taxi service. Notwithstanding any provision contained in this article to the contrary, any taxicab company or operator may provide public transit service by participating in a County- sponsored shared-ride taxi program. (1990, ord 90-37, sec 6.)18-37.17 Division 2. Driver’s Permit. Section 18-38. Permit required; content. No person shall drive a taxicab without first obtaining a taxicab driver’s permit from the director of finance. The permit shall be mounted in a prominent place within the taxicab being driven by the person to whom it was issued. The permit shall be mounted so that it is visible to all passengers. The permit shall bear a permit number, the name of the person, name of the taxicab company, and a recent color photograph of the person, two copies of which shall be furnished by the applicant, the photograph to be no less than three inches in height and two inches in width. It shall be a violation of this section for any person to alter such taxicab driver’s certificate. (1983 CC, c 18, art 2, sec 18-38; am 1990, ord 90-19, sec 7; am 2008, ord 08-107, sec 8; Am 2009, ord 09-74, sec 3.)18-38 Section 18-39. Issuance requirements; exception. No taxicab driver’s permit shall be issued to any person unless such person shall: (1) Have a reasonable knowledge of the traffic laws of the County; (2) Have a reasonable knowledge of the locations of streets, roads, and highways, and of important County and State buildings and places within the County; (3) Be able to speak and understand the English language well enough to converse satisfactorily with English-speaking people, except that this paragraph shall not apply to any applicant whose sole occupation from September 1, 1955, has been that of a taxicab driver; (4) Be eighteen years of age or older at the time of application; (5) Have a valid State of Hawai‘i driver’s license; and 18-19 § 18-39H AWAI‘I C OUNTY C ODE (6) Be in compliance with the standards promulgated by the director of finance relating to moral character and physical fitness of the applicant based on prior records or certified documents thereto. (1983 CC, c 18, art 2, sec 18-39; am 1990, ord 90-19, sec 8; am 2008, ord 08-107, sec 9.) 18-39 Section 18-40. Expiration; renewal; waiver of examination. (a) Every taxicab driver’s permit issued under this article shall expire, unless otherwise revoked or cancelled, one year after the issuance thereof and shall be renewed on or before its expiration date upon reexamination. A new set of color photographs shall be furnished by an applicant with each application for renewal. (b) The director of finance may waive examination upon renewal of a permit. (c) Whenever a driver’s license of any taxicab driver is suspended or revoked, the director of finance shall require that the taxicab driver’s permit be surrendered to and be retained by the director of finance, except that at the end of the period of suspension, the permit so surrendered shall be returned to the licensee. (1983 CC, c 18, art 2, sec 18-40; am 1990, ord 90-19, sec 9; am 2008, ord 08-107, sec 10.) 18-40 Section 18-41. Permit fee. The following fees are established for the issuance of a taxi driver permit; the fees to be deposited in the general fund of the County: (1) Initial issuance, $10. (2) Renewal, $5. (3) Duplicate to replace lost or mutilated certificate, or corrected certificate, $5. (1983 CC, c 18, art 2, sec 18-41; am 1977, ord 315, sec 1; am 1990, ord 90-19, sec 10.)18-41 Section 18-42. Permit revocation or suspension. Any taxicab driver’s permit issued pursuant to this article may be suspended or revoked by a court of competent jurisdiction whenever: (1) The holder of the permit is found to be disqualified by any of the provisions of this article; (2) The holder of the permit has been convicted for a violation of this article; (3) The holder of the permit ceases to drive a taxicab for a period of thirty consecutive days without previously having filed with the director of finance a written notice of intention to cease driving and having been granted permission by the director of finance authorizing the cessation of operation or driving; or (4) The holder of the permit has been convicted of driving while intoxicated or of violating chapter 329, Hawai‘i Revised Statutes, or the Federal narcotics laws. (1983 CC, c 18, art 2, sec 18-42; am 1990, ord 90-19, sec 11; am 2008, ord 08-107, sec 11.) 18-42 18-20 P UBLIC T RANSPORTATION§18-43 Section 18-43. Appeal to circuit court. Any applicant who has been refused a taxicab driver’s permit after at least three examinations, or who has been refused any examination, may appeal the refusal to the circuit court by filing a petition in the court within thirty days of the date of the refusal. The appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to the procedure and rules prescribed by the court. (1983 CC, c 18, art 2, sec 18-43; am 1990, ord 90-19, sec 12.)18-43 Division 3. Taximeters and Fares. Section 18-44. Installation requirements. (a) Every taxicab while operating within the County shall be equipped with a taximeter so mounted in the taxicab that the reading indicator showing the amount of fare to be charged shall at all times be plainly visible to the passenger. The taximeter shall also be attached to the taxicab so that it is possible for a person standing outside the vehicle to tell whether the taximeter is in use or not. (b) Between the hours of sunset and sunrise, the reader indicator showing the amount of fare to be charged shall be well lighted and readily discernible by the passenger riding in the taxicab. (c) The taximeter shall be operated mechanically by a mechanism of standard design and construction. Except when a taximeter is being cleared, the primary indicating element shall be susceptible of advancement only by motion of the vehicle wheels or by time mechanism. (d) The taximeter shall have a position recording mileage only and another position waiting time. The taximeter may also have a position to calculate fares upon the basis of a combination of mileage traveled and time elapsed, as provided in section 18-49. (e) The taximeter shall have thereon a flag or other convenient and effective means to denote when the taxicab is employed and when it is not employed. (f) The taximeter shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. (1983 CC, c 18, art 2, sec 18-44; am 1979, ord 501, sec 1.)18-44 Section 18-45. Operation during taxi use. (a) When a taxicab equipped with a taximeter is employed by a passenger, it shall be the duty of the driver to throw the flag or other convenient and effective means of the taximeter into the appropriate employed position, so as to record mileage while the taxicab is in motion and to record waiting time while the taxicab is standing at the direction of the passenger. 18-21 § 18-45H AWAI‘I C OUNTY C ODE (b) When a taximeter designed to calculate fares upon the basis of a combination of mileage traveled and time elapsed is operative with respect to fare indication, the fare-indicating mechanism shall be actuated by the mileage mechanism whenever the vehicle is in motion at such a speed that the rate of mileage revenue equals or exceeds the time rate, as determined by the division of measurement standards of the State department of agriculture, and may be actuated by the time mechanism whenever the vehicle speed is less than this and when the vehicle is not in motion. (c) Means shall be provided for the vehicle operator to render the time mechanism either operative or inoperative with respect to the fare-indicating mechanism. (d) The flag or other convenient and effective means of the taximeter shall be kept in the appropriate employed position until the termination of the trip. At the termination of the trip, it shall be the duty of the driver to throw the flag or other convenient and effective means of such taximeter into the nonemployed position. (e) This section shall not apply when a taxicab is being operated as a shared-ride taxi under a County-sponsored public transit program. (1983 CC, c 18, art 2, sec 18-45; am 1979, ord 501, sec 1; am 1990, ord 90-37, sec 3.) 18-45 Section 18-46. Registration and inspection required. (a) No driver or owner of a taxicab shall offer or let the taxicab for hire unless the taximeter installed therein or adjusted for any change in mileage rate is first registered with and inspected by the State division of measurements standards and found to calculate and register fares correctly in conformity with the rates as set forth in this article and a seal attesting thereto is placed on the taximeter. (b) It shall be the duty of the owner or driver of any taxicab equipped with a taximeter to submit the taxicab to the State division of measurements standards for inspection, testing, and sealing on the date established by the division. Every inspection shall include the examination and inspection of the taximeter affixed in the taxicab, every wheel, tire, gear shaft, and every part of the taxicab which may affect or control the operation of the taximeter. (1983 CC, c 18, art 2, sec 18-46.)18-46 Section 18-47. Inspection fees. The taxicab driver shall pay the fees as may be established by the State division of measurements standards for each taximeter inspection, the frequency of which shall be established by the division. (1983 CC, c 18, art 2, sec 18-47.)18-47 18-22 P UBLIC T RANSPORTATION§18-48 Section 18-48. Repair and testing of defective meter. (a) If, upon the required inspection, the State division of measurements standards finds that a taximeter is not calculating and registering a fare in conformity with the rates set forth in this article, no person shall operate the taxicab for business purposes or permit the taxicab to be operated until its taximeter is repaired, inspected, tested, and found to be calculating and registering a fare in conformity with the rates set forth in this article and a seal is placed thereon. (b) Nothing contained in this section shall prohibit the replacement of a taximeter with another which conforms with this article. (1983 CC, c 18, art 2, sec 18-48.)18-48 Section 18-49. Schedule of fares. (a) No driver or owner of a taxicab while operating the taxicab within the County shall charge, demand, collect, or receive a fare other than that based on the following schedule, except as provided by this section: (1) Initial meter actuation shall equal $3 and shall entitle customer to one-eighth of a mile or less, or one minute waiting or elapsed time or less. (2) Thereafter, 40 cents for each additional one-eighth of a mile or fraction thereof. (3) Forty cents for each additional one minute of waiting or elapsed time or fraction thereof. (b) Where a taximeter is designed to calculate fares upon the basis of a combination of mileage traveled and time elapsed, as provided in section 18-44 the rates of fare upon the combination of mileage traveled and time elapsed shall be the same as fixed by subsection (a). (c) The foregoing rates or charges shall be subject to the following exceptions and conditions whichever the case may be: (1) Fares are only applicable to the use of the taxicabs when actually occupied by or standing at the direction of the passenger for hire or when occupied by parcels, baggage or property transported for hire; provided that no other charges shall be made for the use of a taxicab for hire except as provided herein. (2) A driver, owner or lessee who owns, operates, controls or dispatches a taxicab may give a discount to handicapped persons, senior citizens, or students. Such discount shall not exceed twenty percent of the meter fare. (3) The driver, owner or lessee of a taxicab may waive the baggage charges prescribed in section 18-52. (d) This section shall not apply when a taxicab or taxicab company is carrying passengers under a County-sponsored public transit program. (e) The schedule of fares may be evaluated on an annual basis, no later than June 30 of each year, to make a determination of either proposed increase or decrease to the current taxi fares. (1983 CC, c 18, art 2, sec 18-49; am 1988, ord 88-19, sec 1; ord 88-39, sec 1; am 1990, ord 90-19, sec 13; ord 90-37, sec 4; am 1996, Ord. 96-161, sec 1; am 2005, ord 05-24, sec 1; am 2008, ord 08-149, sec 1.)18-49 18-23 § 18-50H AWAI‘I C OUNTY C ODE Section 18-50. Waiting time stipulation. No taxicab driver shall charge for waiting time, unless a passenger directs the taxicab driver to wait. (1983 CC, c 18, art 2, sec 18-50.)18-50 Section 18-51. Computation of distance for fares. Whenever, pursuant to a request, it is necessary for a taxicab to leave its fixed taxi stand to pick up a passenger, the distance between the fixed taxi stand and the point of pickup shall not be added to the distance over which the passenger is actually transported, when computing the total amount of fare which may be charged under section 18-49. The distance a taxicab must travel in order to return to its fixed taxi stand after discharging a passenger shall not be included in the mileage for which any fare may be charged. (1983 CC, c 18, art 2, sec 18-51.)18-51 Section 18-52. Baggage charge. A taxicab driver may charge $1 for each piece of baggage, except that any small bag such as a train case, briefcase, or a package that is carried into the cab by the passenger shall be conveyed without charge. For each surfboard or bicycle transported a charge of $3 may be made. (1983 CC, c 18, art 2, sec 18-52; am 1990, ord 90-19, sec 14.)18-52 Section 18-53. Rate charges. The rates of fare effective on January 3, 1980 shall not be charged by individual taxicabs until taximeters have been adjusted by owners and the meters have been tested and sealed by the State division of measurements standards no later than ninety days after January 3, 1980. (1983 CC, c 18, art 2, sec 18-53.)18-53 Section 18-54. Multiple loading. (a) Multiple loading of passengers is prohibited except in cases where the first passenger engaging the taxicab consents to the multiple loading. (b) Each separate party of individuals or groups of individuals not traveling together who agree to share a taxicab shall pay the normal shortest route fare from point of origin to their destination, except that each fare of $1.20 or more (not including nonmeter charges for baggage, surfboards, or bicycles) shall be reduced by twenty percent. 18-24 P UBLIC T RANSPORTATION§18-54 (c) A copy of a rate schedule containing the reduced rates for multiple loading shall be posted conspicuously within the taxicab in clear view of passengers. The rate schedule shall be purchased from the commission. (d) This section shall not apply when a taxicab is being operated as a shared-ride taxi under a County-sponsored public transit program. (1983 CC, c 18, art 2, sec 18-54.)18-54 Section 18-55. Posting of rates of fare. (a) A schedule of the rates of fare as provided in this article shall be posted in a conspicuous place within each taxicab so as to be readily visible to any passenger riding within the taxicab. (b) The schedule of the rates of fare shall be legibly printed in bold-type letters not less than three thirty-seconds of an inch in height. (1983 CC, c 18, art 2, sec 18-55.)18-55 Article 3. School Buses. Division 1. General Provisions. Section 18-56. Definitions. As used in this article: (1) “Driver” means any person in actual physical control of a school bus. (2) “School bus” means the same as the definition for school bus in section 296-47,* Hawai‘i Revised Statutes. (3) “School bus operator” means and includes every natural person, firm, copartnership, association, or corporation, binding itself into contract with the County to furnish transportation of school children to or from school as provided by section 296-47,* Hawai‘i Revised Statutes. (1983 CC, c 18, art 3, sec 18-56.)18-56 * Editor’s Note: Section 296-47, Hawai‘i Revised Statutes, was repealed. Section 18-57.Penalty. Any person convicted of a violation of this article shall, in addition to any penalty provided by contract, be sentenced to pay a fine of not more than $500. (1983 CC, c 18, art 3, sec 18-57.)18-57 Division 2. Specifications and Equipment. Section 18-58. School bus construction; inspections. No vehicle shall be used as a school bus unless the County director of finance determines that the vehicle is safely constructed. (1983 CC, c 18, art 3, sec 18-58; am 2008, ord 08-107, sec 12.)18-58 18-25 § 18-59H AWAI‘I C OUNTY C ODE Section 18-59. Fuel tank location; diesel exception. (a) Any gasoline tank shall be located entirely outside that part of the school bus utilized for carrying passengers. Each gasoline tank shall be equipped with an inlet for filling on the exterior of the bus. (b) This section shall not apply to any diesel-powered bus. (1983 CC, c 18, art 3, sec 18-59.)18-59 Section 18-60. Exhaust pipe requirements. The placement and installation of exhaust pipes of each school bus shall be as approved by the County department of finance. Every school bus shall be constructed and maintained as to prevent exhaust gases from entering the vehicle through the floor. (1983 CC, c 18, art 3, sec 18-60; am 2008, ord 08-107, sec 13.)18-60 Section 18-61. Door specifications. The entrance and exit door of any school bus, shall be placed on the right-hand side of the front of the bus, and shall be directly within the view and under the control of the driver. The entrance and exit shall at all times be kept clear for the ingress and egress of passengers. Every door shall be capable of positive uniform operation at all times. (1983 CC, c 18, art 3, sec 18-61.)18-61 Section 18-62. Emergency exits. Each school bus shall be equipped with an emergency exit in the rear, or on the opposite side of the entrance door, to be opened outward and capable of being opened from either the interior or exterior of the bus. The emergency exit shall be equipped with positive devices to keep it closed when not in use and of a character to permit it to be opened readily when necessary without undue accessibility for unauthorized use. The size, location, and type of the emergency exit must meet with the approval of the County department of finance. (1983 CC, c 18, art 3, sec 18-62; am 2008, ord 08-107, sec 14.)18-62 Section 18-63. Aisles and ceilings. No aisle in a school bus shall be less than twelve inches in width. The ceiling of every school bus must be free from any projection likely to cause injury to a pupil. The ceiling over the aisle and backrest of seats of a school bus must be free from any projection. (1983 CC, c 18, art 3, sec 18-63.)18-63 Section 18-64. Seat location. No seats for pupils shall be placed ahead of a line drawn crosswise of the bus immediately back of the driver’s seat. (1983 CC, c 18, art 3, sec 18-64.)18-64 18-26 P UBLIC T RANSPORTATION§18-65 Section 18-65. Seat specifications. Each pupil carried shall be provided with a sitting space which shall be free from any projection, safe, and of sufficient size to accommodate the student. Every seat shall be securely fastened to the part of the school bus supporting the seat. (1983 CC, c 18, art 3, sec 18-65.)18-65 Section 18-66. Required safety equipment. Every school bus shall be equipped with an adequate horn, dual or supplementary braking system, rear vision mirror, headlights, taillights, speedometer, windshield constructed of safety glass, windshield wiper, steering, mechanical hand-signalling device if needed, and other equipment required by law. (1983 CC, c 18, art 3, sec 18-66.)18-66 Section 18-67. Sanitary condition required. Every school bus shall be cleaned daily and kept in a sanitary condition at all times. (1983 CC, c 18, art 3, sec 18-67.)18-67 Section 18-68. Metal screening required; exception. (a) Every side opening between the driver’s seat and the rear shall be screened with metal screen of not more than one and three-fourths inch mesh and not less than no. sixteen gauge, all to the satisfaction of the County department of finance. (b) This section shall not apply to any school bus equipped with safety glass windows which are permanently adjusted to permit not more than fifty percent of the top portion of the side openings from being opened. (1983 CC, c 18, art 3, sec 18-68; am 2008, ord 08-107, sec 15.)18-68 Section 18-69. Identification markings. The words “School Bus” shall be painted on the front and rear of each vehicle used as a school bus in a place and color as the examiner of chauffeurs shall direct. The wordings shall be in letters of not less than eight inches in height and in strokes of not less than three-quarters inch in width. (1983 CC, c 18, art 3, sec 18-69.)18-69 Division 3. Drivers and Bus Operations. Section 18-70. Liquor prohibited. No intoxicating liquor shall at any time be carried in a school bus or upon the person of the driver. (1983 CC, c 18, art 3, sec 18-70.)18-70 Section 18-71. Smoking restricted. Smoking by the bus driver shall be prohibited whenever pupils are being carried. (1983 CC, c 18, art 3, sec 18-71.)18-71 18-27 § 18-72H AWAI‘I C OUNTY C ODE Section 18-72. Driver hours limited. No driver shall work as an operator or be otherwise employed for more than twelve hours in any twenty-four hour period. (1983 CC, c 18, art 3, sec 18-72.)18-72 Section 18-73. Talking with driver unnecessarily prohibited. No driver of a school bus shall carry on unnecessary conversation while the bus is in motion. (1983 CC, c 18, art 3, sec 18-73.)18-73 Section 18-74. Inspection before operating vehicles. Each school bus shall be inspected daily by the driver before use, to ascertain that the windshield is clean and that the lights, horn, and other equipment and mechanical features of the bus are in good and safe operating condition. (1983 CC, c 18, art 3, sec 18-74.)18-74 Section 18-75. Unsafe vehicle; alternative transportation. When any accident or damage occurs to or defect develops in the bus so as to make it unsafe for traveling, the driver shall immediately thereupon discontinue the use of the bus. The driver shall make all necessary arrangements for the safe transportation of the pupils to and from their respective destinations by another means. (1983 CC, c 18, art 3, sec 18-75.)18-75 Section 18-76. Repair of deficient vehicle; certification required. If any school bus is at any time found or known by the driver to be dangerous or unsafe for operation or reported by anyone to the driver as being dangerous or unsafe, the use of the school bus for the transportation of pupils shall be discontinued immediately, until properly examined, and if necessary, repaired, and a certification that the bus is in a safe condition must first be obtained in writing from an official inspection station appointed by the County director of finance. (1983 CC, c 18, art 3, sec 18-76; am 2008, ord 08-107, sec 16.)18-76 Section 18-77. Conduct of passengers; driver’s responsibility. Pupils being transported in a school bus shall be under the authority and control of and responsible directly to the driver of the bus. Continued disorderly conduct, or persistent refusal to submit to the authority of the driver shall be sufficient reason for refusing transportation to any pupil and for other punishment as the local school regulations may provide. The driver of any school bus shall be held responsible for the orderly conduct of pupils transported and shall immediately report any case of misconduct to the principal of the school. (1983 CC, c 18, art 3, sec 18-77.)18-77 18-28 P UBLIC T RANSPORTATION§18-78 Section 18-78. Discharging riders in a safe manner required. Whenever a school bus stops to discharge pupils who must cross the street or highway in order to reach their destination, the pupils must cross the street or highway in front of the bus, except that when it is not practicable to cross the street or highway in front of the bus, pupils may cross behind the bus. In either case, the bus shall not be moved until all pupils have crossed the street or highway. In either case, also, it shall be the responsibility of the driver to see that pupils do not cross the street or highway until they may safely do so. (1983 CC, c 18, art 3, sec 18-78.)18-78 Section 18-79. Driving violations to be reported to police. Each school bus operator shall report to the police department the license number of any motor vehicle, the operator of which is guilty of a violation of any traffic regulation, when the violation in any way endangers the safety of the pupils being transported. (1983 CC, c 18, art 3, sec 18-79.)18-79 Section 18-80. Manner of operation. Drivers of a school bus shall at all times operate the vehicle in a safe, prudent, and careful manner with due regard to the traffic and the use of highway by others. (1983 CC, c 18, art 3, sec 18-80.)18-80 Section 18-81. Bus operation. No driver while transporting school children shall leave the bus while the engine is running or the brakes are released. (1983 CC, c 18, art 3, sec 18-81.)18-81 Section 18-82. Dangerous loading prohibited. No person shall operate a school bus when it is so loaded or when any person is so seated as to interfere or obstruct the vision of the driver to the front, side, or, by means of the mirror, to the rear, or interfere with the operation of the bus. (1983 CC, c 18, art 3, sec 18-82.)18-82 Section 18-83. Doors closed while vehicle in motion. Every door shall be kept closed while the bus is in motion. (1983 CC, c 18, art 3, sec 18-83.)18-83 Section 18-84. Manner of stopping vehicle outside city. A school bus stopping to load or discharge pupils outside the City of Hilo shall stop as far to the right of the roadway as possible whenever the stop can be made with safety. (1983 CC, c 18, art 3, sec 18-84.)18-84 18-29 § 18-85H AWAI‘I C OUNTY C ODE Section 18-85. Manner of backing vehicle. No school bus shall be put in reverse or be backed while on the school grounds or at any point or place where children enter or leave the bus unless the movement can be made in safety. (1983 CC, c 18, art 3, sec 18-85.)18-85 Section 18-86. Use of clutch. No school bus shall be operated with the clutch disengaged except when coming to a stop, or with the gears in neutral except when the bus is not in motion. (1983 CC, c 18, art 3, sec 18-86.)18-86 Section 18-87. Pulling trailer or transporting freight prohibited. No school bus shall, when being used for the transportation of pupils, be operated or driven with any trailer or other vehicle attached thereto, nor shall any school bus transport freight other than the school books and other school material carried by pupils while carrying school children. (1983 CC, c 18, art 3, sec 18-87.)18-87 Division 4. Inspections. Section 18-88. Inspection of vehicles; issuance of certificate. The County director of finance or the director of finance’s duly authorized subordinate, which shall include any official vehicle inspection station, shall, before any passenger license is issued to the bus, inspect the bus for which a license is requested, and if such person finds the bus to be in good serviceable and safe condition for the safe transportation of passengers, such person shall deliver to the applicant therefor a certificate setting forth the fact that the bus has been inspected and found to be safe for the transportation of pupils. (1983 CC, c 18, art 3, sec 18-88; am 2008, ord 08-107, sec 17.)18-88 Section 18-89. Monthly inspection required; certificate of inspection. (a) Any vehicle used for the transportation of school children shall be subject to a thorough inspection monthly, by the County department of finance or any official inspection station so designated and authorized by the director of finance. When a vehicle has been inspected and found to be in a satisfactory operating condition, the department or inspection station shall issue a certificate of inspection, which certificate shall include a check list printed on the reverse side, certifying as to the equipment and mechanisms checked, and certifying to the adequacy and safety of the vehicle and equipment. (b) No vehicle without a certificate of inspection shall be used and no claims for the transportation of school children shall be paid unless accompanied by a certificate of inspection. A copy of the certificate shall be submitted each month to the district superintendent, Hawai‘i island schools. (1983 CC, c 18, art 3, sec 18-89; am 2008, ord 08-107, sec 18.)18-89 18-30 P UBLIC T RANSPORTATION§18-90 Article 4. Public Transit System. Division 1. Island-Wide Fare Structure. Section 18-90. Fares. (a) Unless otherwise provided for in this section, every person using the mass transit service owned, maintained or operated by the County shall be charged a $2 cash one-way fare. (b) Discounted fares for senior citizens, person with a disability and students. The following persons shall be charged a $1 cash one-way fare: (1) Senior citizens age sixty and older after providing proof of age from a valid state ID card, County of Hawai‘i senior ID card, driver’s license, birth certificate or passport; (2) A person with a disability with a valid, “Person With Disability Identification Card” issued by the County of Hawai‘i; and (3) Students (through college) with a valid school identification card. (c) Fare prepayment discounts. (1) All tickets for travel can be prepurchased at a discount of twenty-five percent off the scheduled cash fare by purchasing a sheet of ten tickets for $15 per sheet with no expiration date (“Ten Ride Discount Sheet”). (2) Senior citizens age sixty and older may prepurchase a sheet of ten tickets for $7.50 per sheet with no expiration date (“Ten Ride Discount Sheet”), after providing proof of age from a valid state ID card, County of Hawai‘i senior ID card, driver’s license, birth certificate or passport. (3) A person with a disability may prepurchase a sheet of ten tickets for $7.50 per sheet with no expiration date (“Ten Ride Discount Sheet”), with a valid, “Person With Disability Identification Card” issued by the County of Hawai‘i. (4) Students (through college) may prepurchase a sheet of ten tickets for $7.50 per sheet with no expiration date (“Ten Ride Discount Sheet”), with a valid school identification card. (5) A monthly bus pass fare plan may be purchased at a cost of $60 for unlimited rides on all routes. Monthly passes shall be valid through the last calendar day of each month with no grace period. (6) Senior Citizens age sixty and older may purchase a discounted monthly bus pass offered at a cost of $45 for unlimited rides on all routes, after providing proof of age from a valid state ID card, County of Hawai‘i senior ID card, driver’s license, birth certificate or passport. Monthly passes shall be valid through the last calendar day of each month with no grace period. (7) A person with a disability may purchase a discounted monthly bus pass offered at a cost of $45 for unlimited rides on all routes, with a valid, “Person with Disability Identification Card” issued by the County of Hawai‘i Monthly passes shall be valid through the last calendar day of each month with no grace period. 18-31 § 18-90H AWAI‘I C OUNTY C ODE (8) Students (through college) may purchase a discounted monthly bus pass offered at a cost of $45 for unlimited rides on all routes, after providing a valid school identification card. Monthly passes shall be valid through the last calendar day of each month with no grace period. (9) The Ten Ride Discount Sheet, the monthly pass, and any pilot program pass must be purchased directly from the mass transit agency or its designated representative. (d) Fare waived for children under the age of five. All fares for travel by children under the age of five shall be waived. (e) Paratransit service fares. Under the Americans with Disabilities Act (ADA), the fare for a trip charged to an ADA paratransit eligible user of the complementary paratransit service shall not exceed twice the fare that would be charged to an individual paying full fare (i.e., without regard to discounts) for a trip of similar length, at a similar time of day, on the entity’s fixed route system: (1) A one-way paratransit rider fare shall be twice the fare of the current full fare (e.g. without any discounts) on the fixed-route system; (2) The fares for individuals accompanying ADA paratransit eligible individuals, who are provided service under section 37.123 (f) of the ADA, shall be the same as for the ADA paratransit eligible individuals they are accompanying; and (3) A personal care attendant shall not be charged for complementary paratransit service. (f) Shared-ride fares. Shared-ride program coupons may be purchased by the public through the mass transit agency and its designated coupon sales outlets in accordance with the following schedule: Coupon Price Single coupon$6 5 coupon book $15 ($3 per coupon) 10 coupon book $25 ($2.50 per coupon) 15 coupon book$30 ($2 per coupon) For one-way travel limited to a maximum of nine miles under the shared-ride program the fare to be collected is set out in fare schedule A in section 18-92. (g) Promotional fares. (1) The purpose of this subsection is to provide lower bus fares when a new route or service is provided or to boost ridership on established routes. SUPP. 1 (1-2017) 18-32 P UBLIC T RANSPORTATION§18-90 (2) The transit administrator may establish fares on a temporary basis for a period not to exceed one hundred and eighty calendar days for bus routes and services. (h) Suspension of fares; non-applicability to some services; terminates December 31, 2025. (1) All fares established by this section shall be suspended through December 31, 2025. Riders boarding and alighting any mass transit service owned, maintained, or operated by the County, shall ride free of charge. (2) This subsection shall not apply to County-contracted shared-ride services and County-operated curb-to-curb van services operated by the department of parks and recreation. (3) The suspension of fares shall automatically terminate on December 31, 2025, unless extended by the council. (4) Each year, no later than July 30 after the close of the fiscal year, the mass transit administrator shall provide a report to the council regarding the performance of the mass transit system, including passenger trips carried by route, comparison to the prior year and any other service performance data requested by the council to evaluate the suspension of fares prescribed by this subsection. (1986, ord 86-15, sec 2; am 1990, ord 90-37, sec 7; ord 90-91, sec 1; am 2004, ord 04-141, sec 1; am 2005, ord 05-151, sec 1; am 2007, ord 07-141, sec 2; am 2009, ord 09-160, sec 2; am 2011, ord 11-62, sec 2; am 2012, ord 12-36, sec 1; am 2013, ord 13-32, sec 1; ord 13- 76, sec 2; ord 13-109, sec 1; am 2016, ord 16-95, sec 2; am 2022, ord 22-12, sec 2; ord 22- 94, sec 2.)18-90 Section 18-91. Baggage. A driver of any mass transit bus owned, maintained and operated by the County shall charge $1 for each piece of baggage, including large backpacks, except that any small bag such as a train case, handbag, briefcase, or a package that can be carried on the lap of the passenger and within the passenger’s respective seat shall be conveyed without charge. (1986, ord 86-15, sec 2; am 2011, ord 11-62, sec 2.)18-91 SUPP. 13 (1-2023) 18-33 § 18-92H AWAI‘I C OUNTY C ODE Section 18-92. Fare schedules. FARE SCHEDULE A Shared-Ride Fares One-Way MileageNo. of Coupons (Per Person) 0 — 4.0 miles 1 coupon 4.1 —9.0 miles2 coupons Rates are maximum charge per zone. Shared-ride carriers may charge less at their discretion. (1990, ord 90-37, sec 8; ord 90-91, sec 4; am 2001, ord 01-82, sec 1; ord 01-84, sec 1; am 2011, ord 11-62, sec 2.)18-92 Division 2. Paratransit Service. Section 18-93. Establishment of paratransit service. (a) The mass transit agency shall provide a paratransit service to complement the fixed route services operated by the County. This paratransit service shall be referred to as Hele-o. (b) Hele-o shall comply with all federal and state regulations that relate to paratransit as a complement to fixed route services for public transportation. (2016, ord 16-108, sec 1.)18-93 Section 18-94. Definitions. As used in this division, unless the context otherwise requires: “Paratransit service” means the County public transportation service which complements the current fixed routes providing origin-to-destination service to eligible individuals under the Americans with Disabilities Act of 1990. “Rider” means a person deemed eligible to ride on the paratransit service in accordance with the Americans with Disabilities Act of 1990; Code of Federal Regulations 49, part 37, subpart F, section 37.123 or a person certified as eligible for paratransit services by the mass transit agency. (2016, ord 16-108, sec 1.)18-94 Section 18-95. Eligibility. (a) The mass transit agency shall approve or deny applications for Hele- services within twenty-one calendar days after receipt. Approval may include a finding that an applicant is eligible for some but not all of Hele-On services. Specific reasons shall be cited for any decision other than complete approval. (b) If a decision has not been made within twenty-one calendar days, the applicant shall be deemed eligible for paratransit service on a temporary basis until a decision has been made. SUPP. 12 (7-2022) 18-34 P UBLIC T RANSPORTATION§18-95 (c) Individuals found eligible for Hele-On service will be issued a paratransit identification card. (2016, ord 16-108, sec 1.)18-95 Section 18-96. Suspension of service. (a) The mass transit agency may suspend the provision of Hele-o services to riders who miss three or more scheduled trips. (b) Trips missed by an individual for reasons beyond the individual’s control including, but not limited to, trips missed due to operator error, shall not be included in any count of missed scheduled trips. (c) Before suspending service, the mass transit agency shall notify the individual in writing: (1) That the County proposes to suspend service, citing the extent of the suspension, the basis for, and the length of the proposed suspension or restriction of service; and (2) Of their opportunity to appeal the mass transit agency’s decision. (2016, ord 16-108, sec 1.)18-96 Section 18-97. Appeals. (a) Any applicant or rider who is aggrieved by a decision by the mass transit agency regarding eligibility or suspension, may appeal the decision to the County transportation commission. (b) Appeals must be filed with the commission within sixty days of notification of the agency’s determination. (c) The commission shall afford the applicant or rider an opportunity to be heard and to present information or arguments or both. (d) The commission shall provide a final decision within thirty days of the completion of the appeal process. The County shall not be required to provide paratransit service to the individual pending the resolution of the appeal. However, if the commission does not provide a decision within this time, service shall resume or be provided to the individual. (2016, ord 16-108, sec 1.)18-97 SUPP. 12 (7-2022) 18-35 This page intentionally left blank. CHAPTER 19 REAL PROPERTY TAXES Article 1. Administration. Section 19-1. Purpose. Section 19-2. Definitions. Section 19-3. Duties and responsibilities of the director. Section 19-4. Oaths. Section 19-5. Hearings and subpoenas. Section 19-6. Timely mailing treated as timely filing and paying. Section 19-7. Tax collection; general duties, powers of director. Section 19-8. District court judges; misdemeanors and actions for tax collections. Section 19-9. Director; collection, records of delinquent taxes, uncollectible delinquent taxes. Section 19-10. Legal representative. Section 19-11. Abstracts of registered conveyances, copies of corporation exhibits, etc., furnished to director. Section 19-12. Returns, made when; form; open to public; failure to file. Section 19-13. Returns to be signed. Section 19-14. Returns by fiduciaries. Section 19-15. Returns of corporations and co-partnerships. Section 19-16. Notices, how given. Section 19-17. Federal or other tax officials permitted to inspect returns; reciprocal provisions. Section 19-18. Records open to public. Section 19-19. Evidence, tax records as. Section 19-20. Due date on Saturday, Sunday or holiday. Section 19-21. Changes, etc., in assessment lists. Section 19-22. Adjustments and refunds. Section 19-23. Partial payment of taxes. Section 19-24. Abetting, etc., misdemeanor. Section 19-25. Neglect of duty, etc., misdemeanor. Section 19-26. Penalty for misdemeanor. Article 2. Notice of Assessments and Lists. Section 19-27. Notice of assessments; addresses of persons entitled to notice. Section 19-28. Assessment lists. Section 19-29. Informalities not to invalidate assessments, mistakes in names or notices, etc. i Article 3. Tax Bills, Payments and Penalties. Section 19-30. Tax rolls; tax bills. Section 19-31. Taxes; due when; installment payments; billing and delinquent dates. Section 19-32. Penalty for delinquency. Section 19-33. Assessment of unreturned or omitted property; review; penalty. Section 19-34. Reassessments. Article 4. Remissions. Section 19-35. Remission of taxes on acquisition by government. Section 19-36. Remission of taxes in cases of certain disasters. Article 5. Liens, Foreclosure. Section 19-37. Tax liens; co-owners’ rights; foreclosure; limitation. Section 19-38. Tax liens; foreclosure without suit. Section 19-39. Same; registered land. Section 19-40. Notice; sale of foreclosed property without suit. Section 19-41. Same; postponement of sale, etc. Section 19-42. Same; tax deed; redemption. Section 19-43. Same; costs. Section 19-44. Tax deed as evidence. Section 19-45. Disposition of surplus moneys. Article 6. Rate; Levy. Section 19-46. Tax base and rate. Section 19-46.1. Residential tax rate tiers. Section 19-47. Tax year; time as of which levy and assessment made. Section 19-48. Assessment of property; to whom in general. Section 19-49. Imposition of real property taxes on reclassification. Section 19-50. Assessment of property of corporations or co-partnerships. Section 19-51. Fiduciaries, liability. Section 19-52. Assessment of property of unknown owners. Article 7. Tax Maps; Valuations. Section 19-53. Valuation; considerations in fixing. Section 19-53.1. Valuation of public utilities. Section 19-54. Repealed. Section 19-55. Repealed. Section 19-56. Golf course assessment. Section 19-57. Nondedicated agricultural use assessment. SUPP. 15 (1-2024) ii Section 19-57.1. Community food sustainability use assessment. Section 19-58. Certain lands dedicated for residential use. Section 19-58.1. Repealed. Section 19-58.2. Repealed. Section 19-58.3. Repealed. Section 19-58.4. Repealed. Article 8. Dedications. Section 19-59. Native forest dedications. Section 19-60. Long-term commercial agricultural use dedication. Section 19-61. Short-term commercial agricultural use dedication. Section 19-62. Repealed. Section 19-63. Repealed. Section 19-64. Repealed. Section 19-65. Repealed. Section 19-66. Repealed. Article 9. Nontaxable Property; Assessment. Section 19-67. Nontaxable property. Article 10. Exemptions. Section 19-68. Claims for certain exemptions. Section 19-69. Repealed. Section 19-70. Assignment of partial exemptions. Section 19-71. Homes. Section 19-72. Home, lease, lessees defined. Section 19-73. Homes of disabled or unemployable veterans. Section 19-74. Persons affected with Hansen’s disease. Section 19-75. Exemption, persons who are blind, deaf, and/or totally disabled. Section 19-76. Nonprofit medical, hospital indemnity associations; tax exemption. Section 19-77. Charitable, etc., purposes. Section 19-78. Property used in manufacture of pulp and paper. Section 19-79. Crop shelters. Section 19-80. Exemption, dedicated lands in urban districts. Section 19-81. Water tanks. Section 19-82. Alternate energy improvements, exemption. Section 19-83. Repealed. Section 19-84. Public property, etc. Section 19-85. Lessees of exempt real property. Section 19-86. Property of the United States leased under the National Housing Act. SUPP. 15 (1-2024) iii Section 19-87. Exemption for low and moderate-income housing. Section 19-88. Claim for exemption. Section 19-89. Exemptions for certain Hawaiian Homes property, and other agencies. Section 19-89.1. Historic residential real property dedicated for preservation; exemption. Section 19-89.2. Credit union exemption. Section 19-89.3. Exemptions for enterprise zones. Section 19-89.4. Hawai‘i Island housing trust exemption. Section 19-89.5. Kuleana land exemption.* Article 11. Determination of Rates. Section 19-90. Real property tax; determination of rates. Article 12. Appeals. Section 19-91. Appeals. Section 19-92. Appeals by persons under contractual obligations. Section 19-93. Grounds of appeal, real property taxes. Section 19-94. Second appeal. Section 19-95. Small claims. Section 19-96. Appointment, removal, compensation. Section 19-97. Board of review; duties, powers, procedure before. Section 19-98. Tax appeal court. Section 19-99. Appeal to board of review. Section 19-100. Cost; deposit for an appeal. Section 19-101. Repealed. Section 19-102. Taxes paid pending appeal. Section 19-103. Amendment of assessment list to conform to decision. Article 13. Tax Credits. Section 19-104. Solar water heater tax credit established. Section 19-105. Administration. SUPP. 16 (7-2024) iv 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: “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; or (3) Diversified agriculture. SUPP. 15 (1-2024) 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 intensive agriculture and orchards while transitioning from one category to the other during the term of the dedication. “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. 15 (1-2024) 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. “Ohana dwelling” means a second dwelling unit permitted to be built as a separate or an attached unit on a building site, but does not include a guest house or a farm dwelling. “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. 15 (1-2024) 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.)19-2 Intentionally left blank. SUPP. 15 (1-2024) 19-2.2 R EAL P ROPERTY T AXES § 19-3 Section 19-3. Duties and responsibilities of the director. The director shall have the following duties and powers, in addition to any others prescribed or granted by this chapter: (1) Assessment: To assess, pursuant to law, all real property situated within the geographic boundary of the County for taxation of real property and to make any other assessment by law required to be made by the director. (2) Collections: To be responsible for the collection of all taxes imposed by this chapter and for such other duties as are provided by law. (3) Construction of Revenue Laws: To construe the provisions of this chapter, the administration of which is within the scope of the director’s duties, whenever requested by any officer or employee of the County, or by any taxpayer. (4) Enforcement of Penalties: To see that penalties are enforced when prescribed by this chapter (the administration of which is within the scope of the director’s duties) for disobedience or evading of its provisions, and to see that complaint is made against persons violating any provisions of this chapter; in the execution of these powers and duties, the director may call upon the corporation counsel or prosecuting attorney, whose duties it shall be to assist in the institution and conduct of all proceedings or prosecutions for penalties and forfeitures, liabilities and punishments for violation of the provisions of this chapter in respect to the assessment and taxation of real property. (5) Forms: To prescribe forms to be used in or in connection with the provisions of this chapter including forms to be used in the making of returns by taxpayers or in any other proceedings connected with the provisions of this chapter and to change the same from time to time as deemed necessary. Intentionally left blank. SUPP. 15 (1-2024) 19-3 § 19-3 H AWAI‘I C OUNTY C ODE (6) Maps: The director shall provide for the County maps drawn to appropriate scale, showing all parcels, blocks, lots, or other divisions of land based upon ownership, and their areas or dimensions, numbered or otherwise designated in a systematic manner for convenience of identification, valuation, and assessment. The director shall charge fees for the use and other disposition of tracings of these maps, including copies or prints made therefrom, by private persons or firms as provided for by this chapter. (7) Inspection, Examination of Records and Property: The director shall have the authority to inspect and examine the records and property of all public officers without charge, and to examine the books and papers of account of any person for the purpose of enabling the director to obtain all information that could in any manner aid the director in discharging the director’s duties under this chapter. (8) Inspection, Examination of Real Property: To inspect and examine the real property of any person for the purpose of enabling the director to attain all information that could in any manner aid the director in discharging the director’s duties under this chapter. (9) Recommendations for Legislation: To recommend to the mayor such amendments, changes or modifications of the provisions of this ordinance or any applicable State statutes as may seem proper or necessary to remedy injustice or irregularity or to facilitate the assessment of property under this chapter. (10) Report to Mayor: To report to the mayor annually, and at such other times and in such manner as the mayor may require, concerning the acts and doings and the administration of the department of finance, and such other matters of information concerning real property taxation as may be deemed of general interest; the mayor shall transmit copies of such reports to the council within thirty days of receipt. (11) Rules and Regulations: To promulgate such rules and regulations as the director may deem proper and to effectuate the purposes for which the department of finance is constituted and to regulate matters of procedure by or before the director pursuant to the provisions of chapter 91, Hawai‘i Revised Statutes. (12) Compromises: With the approval of the corporation counsel to compromise any claim arising under this chapter not exceeding $500, and if a claim exceeds $500, the director shall obtain the approval of the council, the administration of which is within the scope of the director’s duties; and in any such case there shall be placed on file and in the department of finance’s office a statement of (A) the amount of tax assessed, or proposed to be assessed, (B) the amount of penalties and interest imposed or proposed to be assessed, (C) the amount of penalties and interest imposed or which could have been imposed by law with 19-4 R EAL P ROPERTY T AXES § 19-3 respect to item (A), as computed by the director, (D) the total amount of liability as determined by the terms of the compromise, and the actual payments thereon with the dates thereof, and (E) the reasons for the compromise. (13) Retroactivity of Rulings: To prescribe the extent, if any, to which any ruling, regulation, or construction of the provisions of this chapter shall be applied without retroactive effect. (14) Remission of Delinquency, Penalties and Interest: Except in cases of fraud or wilful violation of the provisions of this chapter or wilful refusal to make a return setting forth the information required by this chapter (but inclusion in a return of a claim of nonliability for the tax shall not be deemed a refusal to make a return), the director may remit any amount of penalties or interest added, under this chapter, to any tax that is delinquent for not more than one hundred eighty days, in a case of excusable failure to file a return or pay a tax within the time required by this chapter, or in a case of uncollectibility of the whole amount due; and in any such case there shall be placed on file in the director’s office a statement showing the names of the person receiving such remission, the principal amount of the tax, and the year or period involved. (15) Closing Agreements: To enter into an agreement in writing with any taxpayer or other person relating to the liability of such taxpayer or other person, under this chapter, the administration of which is within the scope of the director’s duties, in respect of any taxable period, or in respect of one or more separate items affecting the liability for any taxable period; such agreement, signed by or on behalf of the taxpayer or other person concerned, and by or on behalf of the County, shall be final and conclusive, and except upon a showing of fraud or malfeasance, or misrepresentation of a material fact, (A) the matters agreed upon shall not be reopened, and the agreement shall not be modified, by any officer or employee of the County, and (B) in any suit, action or proceeding, such agreement, or any determination, assessment, collection, payment, refund or credit made in accordance therewith, shall not be annulled, modified, set aside or disregarded. (16) Other Powers and Duties: In addition to the powers and duties contained in this section, the powers and duties contained in this chapter for levying, assessing, collecting, receiving, and enforcing payments of the tax imposed hereunder, and otherwise relating thereto, shall be severally and respectively conferred, granted, practiced, and exercised for levying, assessing, collecting, and receiving and enforcing payment of the taxes imposed under the authority of this chapter. (1983 CC, c 19, art 1, sec 19-3; am 1997, ord 97-84, sec 1.)19-3 Section 19-4. Oaths. Unless otherwise provided for, the director may administer all oaths or affirmations required to be taken or be administered under this chapter. (1983 CC, c 19, art 1, sec 19-4; am 1997, ord 97-84, sec 1.)19-4 19-5 § 19-5 H AWAI‘I C OUNTY C ODE Section 19-5. Hearings and subpoenas. The director may conduct any inquiry, investigation, or hearing, relating to any assessment, or the amount of any tax, or the collection of any delinquent tax, including any inquiry or investigation into the financial resources of any delinquent taxpayer or the collectibility of any delinquent tax. The director may administer oaths and take testimony under oath relating to the matter of inquiry or investigation, and subpoena witnesses and require the production of books, papers, documents, and records pertinent to such inquiry. If any person disobeys such process, or, having appeared in obedience thereto, refuses to answer pertinent questions put to such person by the director or to produce any books, papers, documents or records, pursuant thereto, the director may apply to the third circuit court setting forth such disobedience to process or refusal to answer, and such court or judge shall cite such person to appear before such court or judge to answer such questions or to produce such books, papers, documents, or records, and upon the person’s refusal to do so commit such person to jail until such person testifies but not for a longer period than sixty days. Notwithstanding the serving of the term of commitment by any person, the director may proceed in all respects as if the witness had not previously been called upon to testify. Witnesses (other than the taxpayer or the taxpayer’s officers, directors, agents and employees) shall be allowed their fees and mileage as in cases in the circuit courts to be paid on vouchers of the County, from any moneys available for expenses of the director. (1983 CC, c 19, art 1, sec 19-5; am 1997, ord 97-84, sec 1.)19-5 Section 19-6. Timely mailing treated as timely filing and paying. (a) General Rule. Any report, claim, tax return, statement, or other document required or authorized to be filed with or any payment made to the County which is: (1) Transmitted through the United States mail, shall be deemed filed and received by the County on the postmarked date stamped upon the envelope or other appropriate wrapper containing it. (2) Mailed but not received by the County or where received and the postmarked date is illegible, erroneous, or omitted, shall be deemed filed and received on the date it was mailed if the sender establishes by competent evidence that the report, claim, tax return, statement, remittance, or other document was deposited in the United States mail on or before the date due for filing; and in cases of the nonreceipt of a report, tax return, statement, remittance, or other document required by law to be filed, the sender files with the County a duplicate within thirty days after written notification is given to the sender by the County of its nonreceipt of the report, tax return, statement, remittance, or other document. (b) Registered Mail, Certified Mail, Certificate of Mailing. If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail, or certificate of mailing, a record authenticated by the United States Postal Service of the registration, certification, or certificate shall 19-6 R EAL P ROPERTY T AXES § 19-6 be considered competent evidence that the report, claim, tax return, statement, remittance, or other document was delivered to the director of finance, and the date of registration, certification, or certificate shall be deemed the postmarked date. (1983 CC, c 19, art 1, sec 19-6; am 1997, ord 97-84, sec 1.)19-6 Section 19-7. Tax collection; general duties, powers of director. The director shall collect all taxes under this chapter according to the assessments and shall be liable and responsible for the full amount of the taxes assessed, unless the director shall under oath account for the noncollection of the same, or if the director shall be released from accountability as provided in section 19-9. The corporation counsel shall assist the director in the collection of all taxes under this chapter. (1983 CC, c 19, art 1, sec 19-7; am 1984, ord 84-10, sec 2; am 1997, ord 97-84, sec 1.)19-7 Section 19-8. District court judges; misdemeanors and actions for tax collections. Except as otherwise provided in this chapter, the district court judges for the Third Circuit Court for the State, as authorized in section 231-12,* Hawai‘i Revised Statutes, shall have jurisdiction to try misdemeanors arising under this chapter and all complaints for the violation of this chapter and to impose any of the penalties therein prescribed and shall also have the jurisdiction to hear and determine all civil actions and proceedings for the collection and enforcement of collection and payment of all taxes assessed thereunder, and all actions or judgments obtained in tax actions and proceedings, notwithstanding the amount claimed. (1983 CC, c 19, art 1, sec 19-8; am 1997, ord 97-84, sec 1.)19-8 * Editor’s Note: Section 231-12, Hawai‘i Revised Statutes, was repealed. Section 19-9. Director; collection, records of delinquent taxes, uncollectible delinquent taxes. The director shall be responsible for the collection and general administration of all delinquent taxes. The director shall duly and accurately account for all delinquent taxes collected. The department of finance shall prepare and maintain a complete record, open to public inspection, of the amounts of taxes assessed which have become delinquent and the name of the delinquent taxpayer in each case, but it shall not be necessary to periodically compute on the records the amount of penalties and interest upon delinquent taxes. The department may from time to time prepare lists of all taxes delinquent which in its judgment are uncollectible. Such taxes as the department finds to be uncollectible shall be entered in a special record and be deleted from the other books kept by the department, and the department shall thereupon be released from any further accountability for their collection; provided, that no account shall be so deleted until it 19-7 § 19-9 H AWAI‘I C OUNTY C ODE shall have been delinquent for at least two years. Any items so deleted may be transferred back to the delinquent tax roll if the department finds that the alleged facts as previously presented to it were not true, or that such items are in fact collectible. (1983 CC, c 19, art 1, sec 19-9; am 1984, ord 84-10, sec 3; am 1997, ord 97-84, sec 1.)19-9 Section 19-10. Legal representative. The corporation counsel or the prosecuting attorney shall assign a deputy as attorney and legal advisor and representative of the director. The corporation counsel or the prosecuting attorney may proceed to enforce payment of delinquent taxes by any means provided by law. Any legal proceeding may be instituted in the name of the director or the director’s deputy. (1983 CC, c 19, art 1, sec 19-10; am 1997, ord 97-84, sec 1.)19-10 Section 19-11. Abstracts of registered conveyances, copies of corporation exhibits, etc., furnished to director. The director may request abstract of titles. For the purpose of assisting the director in arriving at a correct valuation of the property within each district, the registrar of conveyances, or any other agency so requested by the department, shall furnish to the department, monthly, quarterly, or as otherwise required by the department, an abstract of the conveyances of, or other documents affecting title to, or assessment of, real property in each district, which have been entered for record at the bureau of conveyances, executed, or filed, as the case may be, during the period covered by such abstract. The director of regulatory agencies shall each year furnish the department as requested, copies of the annual corporation exhibits of any or all corporations owning real property in any district or any information contained in such exhibits. (1983 CC, c 19, art 1, sec 19-11; am 1997, ord 97-84, sec 1.)19-11 Section 19-12. Returns, made when; form; open to public; failure to file. Whenever the director finds that the filing of returns under this section is advisable for the making of assessments and so orders, the director shall give, to the taxpayers during the month of December, of the year such order is made, public notice (by publication thereof, in English, at least three times on different days during the month, in a newspaper of general circulation in the County of Hawai‘i, published in the English language) requiring such taxpayers to file with the director, on or before January 15 of the succeeding year, returns in the manner and form required by this section. After such publication of notice, every person owning, or having possession, custody or control of, real property whether entitled to exemption or not, shall during the month of January, file upon forms prescribed by the director and in the manner required by such forms, a return signed as provided in section 19-13 setting forth the description and location of all real property belonging to such person or of which such person had possession, custody or control on January 1, and setting forth the taxpayer’s opinion of the market value thereof as of January 1. It shall be sufficient to describe the taxpayer’s real property by setting forth the location and a brief description in sufficient detail to identify the real property. 19-8 R EAL P ROPERTY T AXES §19-12 Whenever the director shall determine that there are not sufficient evidences of value to form the basis of a sound appraisal, for assessment purposes, of the value of the real property or real properties or portions thereof, of any taxpayer it may, upon notice of not less than thirty days, require the taxpayer to file a return as described in the foregoing paragraph. All returns made under this section shall be open to inspection by the public, unless protected from disclosure by the provisions of the Uniform Information Practices Act, and shall be admissible in evidence against the person making the return, in any State court in any action wherein the value of the real property, or portion thereof, covered by the return may be in dispute. Returns made under this section shall be taken into consideration by the director in making appraisals for assessment purposes; the opinion of any taxpayer as to market value shall not be binding upon the director but no taxpayer shall be deemed to be aggrieved by any assessment made to the taxpayer’s property which is based upon the opinion of value set forth in the taxpayer’s return unless the taxpayer shows lack of uniformity or inequality as set forth in section 19-93. The opinion of value shall constitute a rebuttable presumption that the market value of the real property on the date of the return was not greater than the value stated in such return in any subsequent proceeding brought to condemn the property or any part thereof for public purposes. Failure to file a return required under this section, shall render the taxpayer liable for payment of an added tax as follows: In case of failure to file any tax return required to be filed on a day described therefor (determined with regard to any extension of time for filing), unless it is shown that the failure is due to reasonable cause and not due to neglect, there shall be added to the amount required to be shown as tax on the return, five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof during which the failure continues, not exceeding twenty-five percent in the aggregate. For the purposes of this section, the amount of tax required to be shown on the return shall be reduced by the amount of any part of a tax which was paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return. (1983 CC, c 19, art 1, sec 19-12; am 1997, ord 97-84, sec 1.)19-12 Section 19-13. Returns to be signed. Every return required to be made for real property taxation purposes shall be signed by the person required to make the return or by some duly authorized person in the taxpayer’s behalf. The director may require that, if any person or persons actually prepare or sign a return for another person, such form of statement of such facts and of authority to sign such return as may be prescribed by the director shall be signed by the person so preparing or signing the return, and the director may by regulation define the classes of persons to whom this provision shall apply. No oath shall be required upon any real property tax return. (1983 CC, c 19, art 1, sec 19-13; am 1997, ord 97-84, sec 1.)19-13 19-9 § 19-14 H AWAI‘I C OUNTY C ODE Section 19-14. Returns by fiduciaries. Every executor, administrator, trustee, guardian, or other fiduciary shall make a return of the real property represented by said fiduciary in such capacity in the County in which returns shall be required to be made pursuant to the provisions of this chapter. (1983 CC, c 19, art 1, sec 19-14; am 1997, ord 97-84, sec 1.)19-14 Section 19-15. Returns of corporations and co-partnerships. The returns, statements or answers required by this chapter shall, in the case of a corporation, be made by any officer thereof, or, in a case of a co-partnership, by any member thereof. (1983 CC, c 19, art 1, sec 19-15; am 1997, ord 97-84, sec 1.)19-15 Section 19-16. Notices, how given. Unless otherwise provided, every notice, the giving of which by the director is required or authorized, shall be deemed to have been given on the date when the notice was mailed properly addressed to the addressee at the addressee’s last known address or place of business. (1983 CC, c 19, art 1, sec 19-16; am 1997, ord 97-84, sec 1.)19-16 Section 19-17. Federal or other tax officials permitted to inspect returns; reciprocal provisions. Notwithstanding the provisions of any law making it unlawful for any person, officer, or employee of the County to make known information imparted by any tax return or permit any tax return to be seen or examined by any person, it shall be lawful to permit a duly accredited tax official of the United States or of any state or territory or the Multistate Tax Commission to inspect any tax return of any taxpayer, or to furnish to such official, commission, or the authorized representative thereof an abstract of the return or supply them with information concerning any item contained in the return or disclosed by the report of any investigation of the return or of the subject matter of the return for tax purposes only. The Multistate Tax Commission may make such information available to a duly accredited tax official of the United States or to a duly accredited tax official of any state or territory, or the authorized representative thereof, for tax purposes only. (1983 CC, c 19, art 1, sec 19-17; am 1997, ord 97-84, sec 1.)19-17 Section 19-18. Records open to public. All maps and records compiled, made, obtained, or received by the director or any of the director’s subordinates shall be public records, and in case of the death, removal, or resignation of any such officers, shall immediately pass to the care and custody of their respective successors. The information and all maps and records connected with the assessment and collection of taxes under this chapter shall, during business hours, be open to the inspection of the public unless protected from disclosure by the provisions of the Uniform Information Practices Act. (1983 CC, c 19, art 1, sec 19-18; am 1997, ord 97-84, sec 1.)19-18 19-10 R EAL P ROPERTY T AXES §19-19 Section 19-19. Evidence, tax records as. In respect of any tax imposed or assessed under this chapter, the administration of which is within the scope of the director’s duties and except as otherwise specifically provided in the law imposing the tax, the notices of assessments, records of assessments, and lists or other records of payments and amounts unpaid prepared by or under the authority of the director, or copies thereof, shall be prima facie proof of the assessment of the property or person assessed, the amount due and unpaid, and the delinquency in payment and that all requirements of law in relation thereto have been complied with. (1983 CC, c 19, art 1, sec 19-19; am 1997, ord 97-84, sec 1.)19-19 Section 19-20. Due date on Saturday, Sunday or holiday. When the due date for any remittance or document required by this chapter falls on a Saturday, Sunday or legal holiday, the remittance or document shall not be due until the next succeeding day which is not a Saturday, Sunday or legal holiday. (1983 CC, c 19, art 1, sec 19-20; am 1997, ord 97-84, sec 1.)19-20 Section 19-21. Changes, etc., in assessment lists. Except as specifically provided in this chapter, no changes in, additions to or deductions from, the real property tax assessments on the assessment lists prepared as provided in section 19-28 shall be made except to add thereto property or assessments which may have been omitted therefrom, or to deduct therefrom adjustments on account of duplicate assessments and departmental errors, such as but not limited to, transposition in figures, typographical errors and errors in calculation. (1983 CC, c 19, art 1, sec 19-21; am 1997, ord 97-84, sec 1.)19-21 Section 19-22. Adjustments and refunds. (a) This subsection shall apply to taxes assessed and collected under this chapter. (1) In the event of adjustments on account of duplicate assessments and departmental errors, such as but not limited to, transposition in figures, typographical errors, and errors in calculations, the adjustments may be entered upon the records although the full amount appearing on the records prior to such adjustment has been paid. (2) There may be refunded in the manner provided in subsection (b) of this section any amount collected in excess of the amount appearing on the records as adjusted, or any amount constituting a duplication of payment in whole or in part (3) Whenever any real property is deemed by the director to be exempt, except for the minimum tax, from taxation under section 19-87, if there shall have been paid prior to the effective date of the exemption any real property taxes applicable to the period following the effective date of the exemption, there shall be refunded to the nonprofit or limited distribution mortgagor owning 19-11 § 19-22 H AWAI‘I C OUNTY C ODE the property in the manner provided in subsection (b) all amounts representing the real property taxes, except for the minimum tax, which have been paid on account of the property and attributable to the period following the effective date of the exemption. (4) No such adjustment for refund or taxes owed shall be entered on the records except within two years after the end of the tax year in which the amount to be refunded was due and payable, unless a written application for the adjustment has been filed within such period. (b) This subsection shall apply to all real property taxes. (1) All refunds and adjustments shall be paid by voucher approved by the director, setting forth all the details of each transaction. If the person entitled to a refund or adjustment is delinquent in the payment of the tax, the director, after notice to the delinquent taxpayer, shall withhold the amount of the delinquent taxes, together with penalties and interest thereon from the amount of the refund or adjustment and apply the same to the amount owed. (c) This subsection shall apply to a refund for an overpayment of a tax. (1) If the amount already paid exceeds the amount determined to be the correct amount of the tax due, and the taxpayer requests a refund of the overpayment, the amount of overpayment together with interest, if any, shall be refunded in the manner provided in subsection (b) above. The interest shall be allowed at a rate based upon the average interest rate earned on County investments during the previous fiscal year as determined by the director. The interest rate shall be established as a monthly rate and paid for each calendar month or fraction thereof beginning with the first month after the due date of the return and continuing until the date that the director approves the refund voucher. If the director approves the refund voucher within ninety days from the due date or the date the return is received, whichever is later, no interest on the overpayment will be allowed or paid. However, if the director exceeds the time allowed herein, interest will be computed from the due date of the return until the date that the director sends the refund warrant to the taxpayer. (2) If any overpayment of taxes results or arises from (A) the taxpayer filing an amended return, or from (B) a determination made by the director and such overpayment is not shown on the original return as filed by the taxpayer, interest on the overpayment shall be allowed and paid from the first month after the due date of the original return to the date that the director signs the refund voucher. If the director does not send the refund warrant to the taxpayer within forty-five days after the director’s approval, interest will continue until the date that the director sends the refund warrant to the taxpayer. (1983 CC, c 19, art 1, sec 19-22; am 1997, ord 97-84, sec 1.)19-22 19-12 R EAL P ROPERTY T AXES §19-23 Section 19-23. Partial payment of taxes. Whenever a taxpayer makes a partial payment of a particular assessment of taxes, the amount received by the director shall first be credited to interest, then to penalties, and then to principal. (1983 CC, c 19, art 1, sec 19-23; am 1997, ord 97-84, sec 1.)19-23 Section 19-24. Abetting, etc., misdemeanor. All persons wilfully aiding, abetting or assisting in any manner whatsoever any person to commit any act constituted a misdemeanor by this chapter, shall be deemed guilty of a misdemeanor. (1983 CC, c 19, art 1, sec 19-24; am 1997, ord 97-84, sec 1.)19-24 Section 19-25. Neglect of duty, etc., misdemeanor. Any officer or employee of the department of finance, any person duly authorized by the director, or any police officer, on whom duties are imposed under this chapter, who wilfully fails or refuses or neglects to perform faithfully any duty or duties required of such person in this chapter, shall be deemed guilty of a misdemeanor. (1983 CC, c 19, art 1, sec 19-25; am 1997, ord 97-84, sec 1.)19-25 Section 19-26. Penalty for misdemeanor. Any person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor, and shall be sentenced according to chapter 706, Hawai‘i Revised Statutes. (1983 CC, c 19, art 1, sec 19-26; am 1997, ord 97-84, sec 1.)19-26 Article 2. Notice of Assessments and Lists. Section 19-27. Notice of assessments; addresses of persons entitled to notice. On or before March 15 preceding the tax year, the director shall give notice of the assessment for the tax year against each known owner, by personal delivery to the owner of or by mailing to the owner on or before such date postage prepaid and addressed to the owner at the owner’s last known place of residence or address a written notice identifying the property involved by the tax key and the general class established in accordance with section 19-53(e) and setting forth separately the valuation placed upon buildings, and the valuation placed upon all other real property, exclusive of buildings, determined pursuant to section 19-53, the exemption, if any, allowed or denied, as the case may be, and the amount of the exemption applied to the buildings and the amount applied to all other real property, exclusive of buildings, and the net taxable value of the buildings and the net taxable value of all other real property, exclusive of the buildings. In addition to the foregoing, the director shall in each year give notice of the assessments for the year by public notice (by publication thereof at least three times on different days during the month of March of such year in a newspaper of general 19-13 § 19-27 H AWAI‘I C OUNTY C ODE circulation, published in the English language) of a time when (which shall not be less than a period of ten days prior to March 31 preceding the tax year) and of a place where the records of taxable properties maintained for the district may be inspected by any person for the purpose of enabling that person to ascertain what assessments have been made against that person or that person’s property and to confer with the director so that any errors may be corrected before the filing of the assessment list. (1983 CC, c 19, art 2, sec 19-27; am 1997, ord 97-84, sec 1; ord 97-153, sec 1.) 19-27 Section 19-28. Assessment lists. On or before April 19 preceding the tax year the director shall have prepared from the records of taxable properties a list in duplicate of all assessments made, which list shall be signed and sworn to by the person preparing it. The assessment list shall identify the property assessed by its tax key and shall set forth the general class of the property established in accordance with section 19-53(e), the valuation of buildings and the valuation of all other real property, exclusive of buildings, the amount of exemption allowed on buildings and the amount of exemption allowed on all other real property, exclusive of the buildings, and the net taxable value of the buildings and the net taxable value of all other real property, exclusive of the buildings. The assessment lists shall be the lists in accordance with which taxes shall be collected, subject only to change made by any court or other tribunal having jurisdiction, where appeals from assessments have been duly taken and prosecuted to final determination, and subject to section 19- 21. There shall be noted upon such lists all appeals taken for the year and the amount involved in each case. The original of the assessment lists shall be retained by the person preparing it, and one copy shall be held by the county clerk. (1983 CC, c 19, art 2, sec 19-28; am 1997, ord 97-84, sec 1; am 2000, ord 00-28, sec 1.)19- 28 Section 19-29. Informalities not to invalidate assessments, mistakes in names or notices, etc. No assessment or act relating to the assessment or collection of taxes under this chapter shall be illegal or invalidate such assessment, levy, or collection on account of mere informality, nor because the same was not completed within the time required by law, nor, if the notice by publication provided for by section 19-27 has been given, on account of a mistake in the name of the owner or supposed owner of the property assessed, or failure to name the owner, or failure to give the notice of assessment by personal delivery or mail provided for by section 19-27. (1983 CC, c 19, art 2, sec 19-29; am 1997, ord 97-84, sec 1.)19-29 Article 3. Tax Bills, Payments and Penalties. Section 19-30. Tax rolls; tax bills. The director shall prepare tax rolls from the assessment lists provided for by section 19-28, showing thereon, in each case, names and addresses of the assessed and amount of taxes which shall not be less than as provided for in section 19-90. 19-14 R EAL P ROPERTY T AXES §19-30 The director shall mail, postage prepaid, or deliver, each year on or before the billing dates as provided for by section 19-31, to all known persons assessed for real property taxes for such year, respectively, or to their agents, tax bills demanding payment of taxes due from each such person respectively, but no person shall be excused from the payment of any tax or delinquent penalties thereon by reason of failure on the person’s part to receive, or failure on the part of the director so to mail or deliver such bill. The bill, if mailed, shall be addressed to the person concerned at that person’s last known address or place of residence. Whenever any bill covers taxes for any real property owned, as joint tenants or as tenants in common or otherwise, by more than one person, the bill may be sent to any one co-owner and upon written request shall be sent to each known co-owner but shall, in any event, demand the full amount of the taxes due upon such real property. (1983 CC, c 19, art 3, sec 19-30; am 1990, ord 90-138, sec 2; am 1997, ord 97-84, sec 1.) 19-30 Section 19-31. Taxes; due when; installment payments; billing and delinquent dates. All real property taxes shall be due and payable on and after July 1 of each tax year and the payment thereof shall be determined in the following manner: All known persons assessed for real property taxes shall be billed not later than the billing date designated in the schedule listed herein; subject however, to the limitations heretofore provided in section 19-30. Each taxpayer shall pay the real property taxes due from the taxpayer for the year in which the taxes are assessed, in two equal installments on or before the dates designated in the following schedule: Fiscal Year Schedule Billing Date 1st Payment2nd Payment July 20 August 20February 20 All such taxes due on the first payment date of such year from each taxpayer, which remain unpaid after the date, shall thereupon become delinquent, and the balance of such taxes due on the second payment date of such year from each taxpayer, which remain unpaid after the date, shall thereupon become delinquent. Any payment made to the County which is transmitted through the United States mail shall be deemed filed and received by the County on the postmarked date stamped upon the envelope or other appropriate wrapper containing it. (1983 CC, c 19, art 3, sec 19-31; am 1997, ord 97-84, sec 1.)19-31 Section 19-32. Penalty for delinquency. There shall be added to the amount of all delinquent taxes, a penalty of ten percent of such delinquent taxes as determined by the director, which penalty shall be and become a part of the tax and be collected as a part thereof. 19-15 § 19-32 H AWAI‘I C OUNTY C ODE All delinquent taxes and penalties shall bear interest at the rate of one percent for each month or fraction thereof until paid, beginning with the first calendar month following the calendar month designated for payment in section 19-31. The interest shall be and become a part of the tax and be collected as a part thereof. No taxpayer shall be exempt from delinquent penalties by reason of having made an appeal on the assessment, but the tax paid, covered by an appeal duly taken, shall be held in a trust account as provided in section 19-102. 19-32 (1983 CC, c 19, art 3, sec 19-32; am 1984, ord 84-20, sec 2; am 1997, ord 97-84, sec 1.) Section 19-33. Assessment of unreturned or omitted property; review; penalty. If, when returns are required under this chapter, any person refuses or neglects to make such returns, or declines to authenticate the accuracy thereof as provided in section 19-12, or omits any property from a return, the director shall make the assessment according to the best information available and shall add to the assessment or tax lists for the year or years during which it was not taxed, the property unreturned or omitted. Likewise, if for any other reason any real property has been omitted from the assessment lists for any year or years, the director shall add to the lists the omitted property. Notice of the action shall be given the owner, if known, within ten days after the assessment or addition, by mailing the same addressed to the owner at last known place of residence. Any owner desiring a review of the assessment or the addition may appeal to the board of review by filing with the director a written notice thereof in the manner prescribed in section 19-99 at any time within thirty days after the date of mailing such notice, or may appeal to the tax appeal court by filing written notice of appeal with, and paying the necessary costs to, such court within the period and in the manner prescribed in section 19-98. A penalty of ten percent shall be added by the director to the amount of any assessment made by the director pursuant to this section, which penalty shall be and become a part of the assessment so made; but no such penalty shall be imposed where the failure to assess or tax the property was not due to the refusal or neglect of the owner to return the property or authenticate the accuracy of the return. For the purpose of determining the date of delinquency of taxes pursuant to assessments under this section, such taxes shall be deemed delinquent if not paid within thirty days after the date of mailing of notice of assessment, or if assessed for the current assessment year, within thirty days after the date of mailing the notice or on or before the next installment payment date, if any, for such taxes, whichever is later. (1983 CC, c 19, art 3, sec 19-33; am 1997, ord 97-84, sec 1.)19-33 Section 19-34. Reassessments. Any property assessed to a person or persons who did not have the record title upon January 1 preceding the tax year in which the assessment was made, may be, and in any case where the attempted assessment of property is void or so defective as to create no real property tax lien on the property and the taxes have not been fully collected, the property shall be assessed as omitted property in the manner provided in section 19-33. (1983 CC, c 19, art 3, sec 19-34; am 1997, ord 97-84, sec 1.)19-34 19-16 R EAL P ROPERTY T AXES §19-35 Article 4. Remissions. Section 19-35. Remission of taxes on acquisition by government. Whenever any real property is acquired for public purposes by the United States, the State or the County, and whenever any government lease or other tenancy shall terminate, the director is authorized to remit the taxes due thereon for the balance of the taxation period or year from and after the date of acquisition of the property, or the termination of the government lease or other tenancy, as the case may be. In case the State or the County takes possession of real property which is the subject of eminent domain proceedings commenced for the acquisition of the fee simple estate in such land by the State or the County, taxes are authorized to be remitted as provided in sections 101-35 to 39, Hawai‘i Revised Statutes, subject to section 101-39(1), Hawai‘i Revised Statutes. In case the owner of real property grants to the State or the County a right-of-entry with respect to such real property and the State or the County enters into possession under the authority of the right-of-entry with intention to acquire the fee simple estate therein and to devote the real property to public use, the State or the County shall certify to the director the date upon which it took possession, and upon receipt of the certificate the director is authorized to remit the real property tax on the parcel of land or portion of a parcel of land so coming into the possession of the State or the County for the balance of the taxation period which is subsequent to the date of possession. In case the United States takes possession of real property which is the subject of eminent domain proceedings commenced for the acquisition of the fee simple estate in such land, taxes are authorized to be remitted for the balance of the taxation period or year after such taking, as provided in this paragraph. The remission shall be allowed conditionally upon the presentation to the director, of a written notice and agreement, signed by the person, or one or more of the persons, owning the land, stating the date of such taking of possession by the United States, and agreeing that out of the first funds received by such owner or owners from such condemnation there shall be paid sufficient moneys to discharge the lien for any real property taxes existing upon the land prorated up to and including the date of such taking possession of the property; provided that the notice may be accompanied by payment of the prorated amount of taxes in lieu of such agreement. Section 101-39, Hawai‘i Revised Statutes, is hereby made applicable to such land and the owner or owners thereof and to the conditional remission authorized by this paragraph. It is further provided that in the event the prorated taxes up to the time of such taking possession shall not be paid by the owner or by one or more of the owners of the land within ten days after receipt by such owner or owners of the compensation for the condemnation, or within such additional time as shall be allowed by the director, then the conditional remission of taxes shall be void, and such owner or owners shall be liable for all taxes, penalties, and interest which would have accrued had no such conditional remission been allowed. (1983 CC, c 19, art 4, sec 19-35; am 1997, ord 97-84, sec 1.)19-35 19-17 § 19-36 H AWAI‘I C OUNTY C ODE Section 19-36. Remission of taxes in cases of certain disasters. In any case of the damage or destruction of real property as the result of a tidal wave, earthquake, fire, landslides or volcanic eruption, or as the result of flood waters overflowing the banks or walls of a river or stream, or other disasters, the director is authorized to remit taxes due on such property, to the extent and in the manner hereinafter set forth: (1) The director shall determine whether the property was wholly destroyed, or was partially destroyed or damaged, and in the latter event shall determine what percentage of the value of the whole property was destroyed or otherwise lost by reason of the disaster. (2) If the property was wholly destroyed, the amount remitted shall be such portion of the total tax on the property for the tax year in which such destruction occurred as shall constitute the portion of the tax year remaining after such destruction. (3) If the property was partially destroyed or was damaged, the percentage of the value destroyed or otherwise lost, determined as provided in paragraph (1), shall be applied to the total tax on the property and of the amount of tax so determined there shall be remitted such portion as shall constitute the portion of the tax year remaining after such partial destruction or damage. (4) Application for a remission of taxes pursuant to this section shall be filed with the director on or before June 30 of the tax year involved, or within sixty days after the occurrence of the disaster, whichever is the later. Any amount of taxes authorized to be remitted by this section, which has been paid, shall be refunded upon proper application therefor out of real property tax collections. (5) The director shall have the authority to extend the period for the remission of taxes for property that was wholly or partially damaged or destroyed for the percentage of the property which was affected by such disaster, for a period not to exceed one year after the tax year in which the disaster took place. (1983 CC, c 19, art 4, sec 19-36; am 1990, ord 90-90, sec 2; am 1995, ord 95-135, sec 2; am 1997, ord 97-84, sec 1.)19-36 Article 5. Liens, Foreclosure. Section 19-37. Tax liens; co-owners’ rights; foreclosure; limitation. Every tax due upon real property, as defined by section 19-2, shall be a paramount lien upon the property assessed, which lien shall attach as of July 1 in each tax year and shall continue for six years. If proceedings for the enforcement or foreclosure of the lien are brought within the applicable period hereinabove designated, the lien shall continue until the termination of said proceedings or the completion of such sale. In case of cotenancy, if one cotenant pays, within the period of the aforesaid government lien, all of the real property taxes, interest, penalties, and other additions to the tax, due and delinquent at the time of payment, said cotenant shall have, pro tanto, a lien on the interest of any noncontributing cotenant upon recording in the bureau of conveyances, within ninety days after the payment so made by the cotenant, a 19-18 R EAL P ROPERTY T AXES §19-37 sworn notice setting forth the amount claimed, a brief description of the land affected by tax key or otherwise, sufficient to identify it, the tax year or years, and the name of the cotenant upon whose interest such lien is asserted. When a notice of such tax lien is recorded by a cotenant, the registrar shall forthwith cause the same to be indexed in the general indexes of the bureau of conveyances. In case the land affected is registered in the land court, the notice shall also contain a reference to the number of the certificate of title of such land and shall be filed and registered in the office of the assistant registrar of the land court, and the registrar, in the registrar’s capacity as assistant registrar of the land court, shall make a notation of the filing thereof on each land court certificate of title so specified. The cotenant’s lien shall have the same priority as the lien or liens of the government for the taxes paid by the cotenant, and may be enforced by an action in the nature of suit in equity. The lien shall continue for three years after recording or registering, or until termination of the proceedings for enforcement thereof if such proceedings are begun, and notice of the tenancy thereof is recorded or filed and registered as provided by law, within the period. The director or the director’s subordinate, in case of a government lien, and the creditor cotenant, in a case of a cotenant’s lien, shall, at the expense of the debtor, upon payment of the amount of the lien, execute and deliver to the debtor a sworn satisfaction thereof, including a reference to the name of the person assessed or cotenant affected as shown in the original notice, the date of filing of the original notice, a description of the land involved, and the number of the certificate of title of such land if registered in the land court, which, when recorded in the bureau of conveyances or filed and registered in the office of the assistant registrar of the land court, shall, in the case of a cotenant’s lien, which contains the reference to the book and page of the original lien, be entered in the general indexes of the bureau of conveyances, and if a notation of the original notice was made on any land court certificate of title the filing of such satisfaction shall also be noted on the certificate. This section as to cotenancy shall apply, as well, in any case of ownership by more than one assessable person. Upon enforcement or foreclosure by the government in any manner whatsoever, of any such real property tax lien, all taxes of whatsoever nature and however accruing due at the time of the foreclosure sale from the taxpayer against whose property such tax lien is so enforced or foreclosed shall be satisfied as far as possible out of the proceeds of the sale remaining after payment of (1) the costs and expenses of the enforcement and foreclosure including a title search, if any, (2) the amount of subsisting real property tax liens, and (3) the amount of any recorded liens against the property, in the order of their priority, provided a claim for the surplus has been filed with the director within one year from the date of the sale. The liens may be enforced by action of the director in the Circuit Court of the Third Circuit, and the proceedings had before the circuit court shall be conducted in the same manner and form as ordinary foreclosure proceedings as provided for in chapter 634, Hawai‘i Revised Statutes. If the owners or claimants of the property against which a lien is sought to be foreclosed are at the time out of the County or cannot be served 19-19 § 19-37 H AWAI‘I C OUNTY C ODE within the County, or if the owners are unknown, and the fact shall be made to appear by affidavit to the satisfaction of the court, and it shall in like manner appear prima facie that a cause of action exists against such owners or claimants or against the property described in the complaint, or that such owners or claimants are necessary or proper parties to the action, the director may request the court that service be made in the manner provided by sections 634-23 to 634-29, Hawai‘i Revised Statutes. In any such case, it shall not be necessary to obtain judgment and have execution issued and returned unsatisfied, before proceeding to foreclose the lien for taxes in the manner herein provided. (1983 CC, c 19, art 5, sec 19-37; am 1988, ord 88-74, sec 1; am 1997, ord 97-84, sec 1.)19-37 Section 19-38. Tax liens; foreclosure without suit. (a) All real property on which any lien, or part thereof, for taxes levied pursuant to this Code has existed for at least two years may be sold by way of foreclosure without suit by the director or as otherwise specified in this Code. (b) Such delinquent real property shall be sold by the director or the director’s designated representative at public auction to the highest bidder, for cash, to satisfy the lien, together with all interest, penalties, costs, and expenses due or incurred on account of the taxes, lien, and sale. (c) The surplus funds from the tax foreclosure sale, if any, shall be rendered to the person(s) legally entitled to the surplus funds resulting from the sale. (d) The sale shall be held at any public place proper for sales on execution of the foreclosure. (1983 CC, c 19, art 5, sec 19-38; am 1997, ord 97-84, sec 1; am 2014, ord 14-126, sec 2.) Section 19-39. Same; registered land. If the land has been registered in the land court, the director shall also send by registered mail a notice for the proposed sale to any person holding a mortgage or other lien registered in the office of the assistant registrar of the land court. The notice shall be sent to any such person at that person’s last address as shown by the records in the office of the registrar, and shall be deposited in the mail at least forty-five days prior to the date set for the sale. (1983 CC, c 19, art 5, sec 19-39; am 1997, ord 97-84, sec 1.)19-39 Section 19-40. Notice; sale of foreclosed property without suit. (a) The notice of tax foreclosure without suit and tax sale shall contain: (1) The names of the persons assessed; (2) The names of the present owners as shown by the records of the director and the records if any of the assistant registrar of the land court; (3) The character and amount of tax and year or years taxes are delinquent, with interest, penalties, costs, expenses, and charges accrued or to be accrued to the appointed date of sale; (4) A brief description of the property; (5) The time and place of the sale; and 19-20 R EAL P ROPERTY T AXES §19-40 (6) A warning to the persons assessed, and all persons having or claiming to have any mortgage or other lien thereon on that property or any legal or equitable right, title, or other interest in the property, that unless the tax, together with all interest, penalties, costs, expenses, and charges accrued to the date of payment, is paid before the appointed time of sale, the property advertised for sale will be sold as advertised. (b) The procedure for noticing a tax foreclosure without suit and sale shall be as follows: (1) Notice shall be published at least once a week for at least four successive weeks immediately prior to the sale in any newspaper with a general circulation of at least sixty thousand published in the State and any two newspapers of general circulation published and distributed in the County; (2) If the address of the owner is known or can be ascertained by due diligence, including an abstract of title or title search, the director shall send to each owner notice of the proposed sale by registered mail, with request for return receipt. If the address of the owner is unknown, the director shall send a notice to the owner at the owner’s last known address as shown on the records of the department of finance; (3) The notice shall be deposited in the mail at least forty-five days prior to the date set for the sale; and (4) The notice shall also be posted for a like period in at least three conspicuous public places within the County and if the land is improved, one of the three postings shall be on the land. (c) The director may include in one advertisement of notice of sale the notice of foreclosure upon more than one parcel of real property, whether or not owned by the same person and whether or not the liens are for the same tax year or years. (1983 CC, c 19, art 5, sec 19-40; am 1997, ord 97-84, sec 1; am 2014, ord 14-126, sec 3.) 19-40 Section 19-41. Same; postponement of sale, etc. If at the time appointed for the sale, the director shall deem it expedient and for the interest of all persons concerned therein to postpone the sale of any property or properties for want of purchasers, or for other sufficient cause, the director may postpone it from time to time, until the sale shall be completed, giving notice of every such adjournment by a public declaration thereof at the time and place last appointed for the sale; provided, that the sale of any property may be abandoned at the time first appointed or any adjourned date, if no proper bid is received sufficient to satisfy the lien, together with all interest, penalties, costs, expenses, and charges. (1983 CC, c 19, art 5, sec 19-41; am 1997, ord 97-84, sec 1.)19-41 Section 19-42. Same; tax deed; redemption. The director or the director’s subordinate shall, on payment of the purchase price, make, execute, and deliver all proper conveyances necessary in the premises and the delivery of the conveyances shall vest in the purchaser the title in fee thereto, and such title shall be free and clear of any lien, claim, or encumbrance against such property 19-21 § 19-42 H AWAI‘I C OUNTY C ODE except the lien for real property taxes subsequent to that for which the property was sold, subject only to any mineral rights of the State and any easements in favor of any governmental entity; provided, that the taxpayer may redeem the property sold by payment to the purchaser at the sale, within one year from the date of the sale, of the amount paid by the purchaser, together with all costs and expenses which the purchaser was required to pay, including the fee for recording the deed, and in addition thereto, interest on such amount at the rate of twelve percent a year. (1983 CC, c 19, art 5, sec 19-42; am 1988, ord 88-74, sec 2; am 1997, ord 97-84, sec 1.) 19-42 Section 19-43. Same; costs. The director by rules or regulation may prescribe a schedule of costs, expenses, and charges and the manner in which they shall be apportioned between the various properties offered for sale and the time at which each cost, expense, or charge shall be deemed to accrue; and such costs, expenses, and charges shall be added to and become a part of the lien on the property for the last year involved in the sale or proposed sale, the tax for which is delinquent. Such costs, expenses, and charges may include provision for the making of and the securing of certificates of searches of any records to furnish information to be used in or in connection with the notice of sale or tax deed, or in any case where the director shall deem such advisable; provided, that the director shall not be required to make such searches or to cause them to be made except as provided by section 19-39 with respect to mortgages or other liens registered in the office of the assistant registrar of the land court. (1983 CC, c 19, art 5, sec 19-43; am 1997, ord 97-84, sec 1.)19-43 Section 19-44. Tax deed as evidence. The tax deed referred to in section 19-42 is prima facie evidence that: (1) The property described by the deed was duly assessed or taxed in the years stated in the deed and to the persons therein named; (2) The property described by the deed was subject on the date of the sale to a lien or liens for real property taxes, penalties, and interest in the amount stated in the deed, for the tax years therein stated, and that the taxes, penalties, and interest were due and unpaid on the date of sale; (3) Costs, expenses, and charges due or incurred on account of the taxes, liens, and sale had accrued at the date of the sale in the amount stated in the deed; (4) The person who executed the deed was the proper officer; (5) At a proper time and place the property was sold at public auction as prescribed by law, and by the proper officer; (6) The sale was made upon full compliance with sections 19-38 to 19-43 and all laws relating thereto, and after giving notice as required by law; and (7) The grantee named in the deed was the person entitled to receive the conveyance. (1983 CC, c 19, art 5, sec 19-44; am 1997, ord 97-84, sec 1.)19-44 19-22 R EAL P ROPERTY T AXES §19-45 Section 19-45. Disposition of surplus moneys. The director shall pay from the surplus all taxes, including interest and penalties, of whatsoever nature and howsoever accruing, as provided in section 19-37 and further the director may pay from the surplus the cost of a search of any records where such search is deemed advisable by the director to ascertain the person or persons entitled to the surplus; provided, nothing herein contained shall be construed to require the director to make or cause any such search to be made. All proceeds remaining after payment of the costs and expenses of the enforcement and foreclosure of the tax lien, including a title search, and the amount of subsisting real property taxes, shall be distributed to lienholders of record in the order of their priority who have filed claims for the surplus with the director within one year from the date of sale. Any lien, claim or encumbrance against the property remaining unsatisfied after the distribution of the surplus moneys shall be extinguished and unenforceable against the property and the purchaser to whom the property is conveyed by the director. If, in order to ascertain the person or persons entitled to the surplus, the director deems it advisable to conduct a search of any records, the director may pay from the surplus the cost of such search; provided, nothing herein contained shall be construed to require the director to make or cause any search to be made. Any lienholder failing to file a claim for the surplus within one year from the date of the sale shall have no right to the surplus. The director shall pay from any surplus remaining after distribution to record lienholders who have filed claims, all taxes, including interest and penalties, of whatsoever nature and howsoever accruing due at the time of the foreclosure sale from the taxpayer against whose property such tax lien is so enforced or foreclosed. If after payment of all taxes surplus funds remain, the director shall pay the surplus to the taxpayer against whose property the tax lien was foreclosed, provided that the taxpayer has filed a claim for the surplus with the director within two years from the date of sale. Any surplus remaining after payment to all those entitled as herein set forth shall be deposited into the County general fund. If the director is in doubt as to the person or persons entitled to the balance of the fund, the director may refuse to distribute the surplus and any claimant may sue the director in the Third Circuit Court. The director may require the claimants to interplead, in which event the director shall state the names of all claimants and shall cause them to be made parties to the action. If there are persons entitled to the fund who have not filed a claim, or if in the director’s opinion there may be other persons entitled to the fund who are unknown, the director may apply for an order or orders joining these persons. Any orders of the court or summons in the matter may be served as provided by law or the rules of court, and all persons having any interest in the moneys who are known, including the guardians of such of them as are under legal age or under any other legal disability (and if any one or more of them is under legal age or under other legal disability and without a guardian, the court shall appoint a guardian ad litem to represent them therein) shall have notice of the action by personal service upon them. All persons having any interest in the moneys whose names are unknown or who if known do not reside within the State or for any reason cannot be served with process 19-23 § 19-45 H AWAI‘I C OUNTY C ODE within the State shall have notice of the action as provided by sections 634-23 to 634-29, Hawai‘i Revised Statutes, except that any publication of summons shall be in at least one newspaper of general circulation published in the State and having a general circulation in the County, and the form of notice to be published shall provide a brief description of the property which was sold. All expenses incurred by the director shall be met out of the surplus moneys realized from the sale. (1983 CC, c 19, art 5, sec 19-45; am 1988, ord 88-74, sec 3; am 1994, ord 94-60, sec 2; am 1997, ord 97-84, sec 1.)19-45 Article 6. Rate; Levy. Section 19-46. Tax base and rate. Except as exempted or otherwise taxed, all real property shall be subject to a tax upon one hundred percent of its market value determined in the manner provided by ordinance, at such rate as shall be determined in the manner provided in section 19-90. No taxpayer shall be deemed aggrieved by an assessment, nor shall an assessment be lowered, except as the result of a decision on an appeal as provided by law. 19-46 (1983 CC, c 19, art 6, sec 19-46; am 1982, ord 766, sec 2; am 1997, ord 97-84, sec 1.) Section 19-46.1 Residential tax rate tiers. Notwithstanding any provision to the contrary, two tiers of tax rates for properties classified as residential is established. The tax rates for the two tiers shall be established by the council in accordance with section 19-90. (2020, ord 20-39, sec 1.) 19-46.1 Section 19-47. Tax year; time as of which levy and assessment made. For real property tax purposes, “tax year” shall mean the fiscal year beginning July 1 of each calendar year and ending June 30 of the following calendar year. Real property shall be assessed, and taxes shall be levied thereon, as of January 1 preceding each tax year upon the basis of valuations determined in the manner and at the time provided in this chapter. (1983 CC, c 19, art 6, sec 19-47; am 1997, ord 97-84, sec 1.)19-47 Section 19-48. Assessment of property; to whom in general. Real property shall be assessed in its entirety to the owner thereof. For the purposes of this chapter, life tenants, personal representatives, trustees, guardians, or other fiduciaries may be, and persons holding government property under an agreement for the conveyance of the same to such persons shall be considered as owners during the time any real property is held or controlled by them as such. Lessees holding under any government lease shall be considered as owners during the time any real property is held or controlled by them as such, as more fully provided in section 19- 84; and further, notwithstanding any provisions to the contrary in this chapter, any tenant occupying government land, whether such occupancy be on a permit, license, month-to-month tenancy, or otherwise, shall be considered as owner where such occupancy has continued for a period of one year or more, as more fully provided in SUPP. 8 (7-2020) 19-24 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 or 19-60 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. 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, 19-59, or 19-60. (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. 16 (7-2024) 19-27 § 19-53 H AWAI‘I C OUNTY C ODE (ii) Real property with agricultural use pursuant to sections 19-57, 19- 59, or 19-60. (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. 16 (7-2024) 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.)19-53 SUPP. 16 (7-2024) 19-30 R EAL P ROPERTY T AXES § 19-53.1 Section 19-53.1. Valuation of public utilities. (a) Notwithstanding any section to the contrary, the director of finance, in determining the market value assessment of the property of the public utilities, may use the values for real property as set forth in the annual financial reports of the public utilities as filed with the Public Utilities Commission, pursuant to chapter 269, Hawai‘i Revised Statutes, as the basis for the director’s assessment, which shall be deemed prima facie correct. Due to the unique nature of the public utility and its equipment, assignment of values to individual tax map keys is not required. (b) For the purposes of this section, the following definitions are also adopted: (1) “Public utilities” are as defined in section 269-1, Hawai‘i Revised Statutes. (2) “Outside plant” means public utility real property, predominantly production, transmission, collection, switching, and distribution facilities, that may consist of one or more of the following: (A) Units that have physical and functional characteristics that are so similar that they are accounted for as a group or class and are generally installed on easements. (B) Transmission cable, wire or pipes, including support or conduit structures. (C) Substation equipment. (D) Measuring and regulating equipment. (E) Generation equipment. (F) Storage equipment. (G) Switching equipment. (3) “Plant or structure” means public utility real property improvements that are not outside plant, such as buildings, generating stations, production plants, gas compressor stations, boilers, switching plants, dams and reservoirs, circuit equipment, radio systems, terminals, satellite facilities, storage, wells, pumping facilities, and including those items which are included in the outside plant definition above. (4) “Property” is the same as defined in section 19-2. SUPP. 11 (1-2022) 19-31 § 19-53.1 H AWAI‘I C OUNTY C ODE (c) Valuations are determined as follows: (1) Land. Land values are determined by the market value approach in accordance with section 19-53. (2) Public utility real property generally classed as outside plant, as set forth in section 19-53.1(b)(2), including but not limited to, production, transmission, collection, switching or distribution substation equipment or measuring, regulating, generation, storage or switching equipment or improved property is appraised on the basis of its reproduction cost new less allowances for physical depreciation, functional obsolescence and economic obsolescence, if any. The reproduction cost new is determined by multiplying reported inventory original cost by appropriate price indices and/or by multiplying physical inventories by appropriate unit prices. The rate of depreciation is a function of the appraised property’s age, estimated service life and salvage factor. Such determinations and assessments of fair market value shall be made, to the extent possible, in accordance with the annual financial reports as filed with the Public Utilities Commission pursuant to chapter 269, Hawai‘i Revised Statutes, which shall be deemed prima facie correct. For all lands of public utilities not categorized by section 19-53(a), said improvements shall be taxed at a rate assigned to the industrial classification. (3) Plant; Structure. The value of improvements that are plant or structure as set forth in section 19-53.1(b)(3), including but not limited to, buildings, generating stations, gas compressor stations, switching plants, dams and reservoirs, circuit equipment, radio systems, terminals, satellite facilities, storage, wells, and pumping stations, is determined using the same methodology as is used in appraising outside plant properties. (4) For the purpose of liens and foreclosure, any outside plant property shall be considered a part of any system or plant to which it is a part of and to which a tax map key has been assigned. (d) (1) In lieu of the assessment method as set forth in subsections (a) (b) and (c) above, a public utility, except airlines, motor carriers, common carriers by water or contract carriers taxed by section 239-6, Hawai‘i Revised Statutes, may pay the County a real property tax of such rate percent of its gross income each year from its public utility business as shall be determined in the manner hereinafter provided. The tax imposed by this section is a means of taxing the real property owned by the public utility or leased to it by a lease under which the public utility is required to pay the taxes upon the property. For the purposes of this section, gross income and net income shall have the respective meanings given those terms in chapter 239, Hawai‘i Revised Statutes, provided that such gross income and net income is from public 19-32 R EAL P ROPERTY T AXES § 19-53.1 utility business within the County of Hawai‘i. The rate of the tax upon the gross income of the public utility shall be determined as follows: If the ratio of the net income of the company to its gross income is fifteen percent or less, the rate of the tax on gross income shall be 1.885 percent; for all companies having net income in excess of fifteen percent of the gross, the rate of the tax on gross income shall increase continuously in proportion to the increase in ratio of net income to gross, at such rate that for each increase of one percent in the ratio of net income to gross, there shall be an increase of .2675 percent in the rate of the tax. The following formula may be used to determine the rate, in which formula the term “R” is the ratio of net income to gross income, and “X” is the required rate of the tax on gross income for the utility in question: X=(26.75R — 2.1275)%; provided that in no case governed by the formula shall “X” be less than 1.885 percent or more than 4.2 percent. Provided further that in no case shall the application of the above rate or formula by the County, when added to the amount of real property tax levied and assessed by the other counties using the same formula in their county ordinances, result in a combined statewide real property tax liability which is greater than that portion of the tax liability that would have been payable by the public utility under chapter 239, Hawai‘i Revised Statutes, (as codified on August 1, 2000) in excess of four percent. (2) The public utilities may elect to utilize the method of assessment under subsection (d)(1) rather than the method of assessment under subsections (a), (b) and (c) by filing a notice of such election on or before December 31 of the year immediately preceding when the tax would be due with the director of finance; provided, however, that for the first tax year after the effective date of the ordinance codified in this section, the public utilities may file such notice on or before May 31, 2001. If the State of Hawai‘i amends chapter 239, Hawai‘i Revised Statutes, to decrease the tax levied thereunder to a maximum rate of four percent, the director of finance shall utilize the method of assessment under subsection (d)(1) rather than the method of assessment under subsections (a), (b) and (c) without a request from the public utilities to do so. (3) As the basis for calculating the public utility’s gross income and net income, the County shall accept the public utility’s filing for gross income and net income from public utility business within the County of Hawai‘i as made to the State of Hawai‘i pursuant to chapter 239, Hawai‘i Revised Statutes. If a public utility has not allocated its gross income and net income on a county-by- county basis, the counties, together with that public utility, shall agree upon a method by which such income can be allocated amongst the counties. (2000, ord 00-110, sec 2.)19-53.1 19-33 § 19-54 H AWAI‘I C OUNTY C ODE Section 19-54. Repealed. (1983 CC, c 19, art 7, sec 19-54; am 1997, ord 97-84, sec 1; rep 2005, ord 05-165, sec 2.) Section 19-55. Repealed. (1983 CC, c 19, art 7, sec 19-55; am 1984, ord 84-21, sec 2; am 1991, ord 91-143, sec 3; am 1997, ord 97-84, sec 1; rep 2004, ord 04-143, sec 3.)19-55 Section 19-56. Golf course assessment. Property operated and used as a golf course shall be assessed for property tax purposes on the following basis: The value to be assessed by the director shall be on the basis of its actual use as a golf course rather than on the valuation based on the highest and best use of the land. In determining the value of actual use, the factors to be considered shall include, among others, rental income, cost of development, sales price and the effect of the value of the golf course on the value of the surrounding lands. (1983 CC, c 19, art 7, sec 19-56; am 1997, ord 97-84, sec 1.)19-56 Section 19-57. \[Former\] Repealed. (1983 CC, c 19, art 7, sec 19-57; rep 1997, ord 97-84, sec 1.) Section 19-57. Nondedicated agricultural use assessment. (a) Lands classified and used for agriculture and which are not dedicated pursuant to section 19-60, 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 nondedicated agricultural use must be used on a continuous and regular basis for intensive agriculture, orchards, feed crops and fast rotation forestry or pasture and slow rotation forestry 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 in specific nondedicated agricultural use shall be assessed at two times the dedicated agricultural use value as established by the director of finance under this chapter; and (3) A farm dwelling site shall be assessed at the highest commercial agriculture use value, provided that the maximum farm dwelling site area to be assessed at the highest commercial agriculture use value shall not exceed one- fourth acre. (b) All portions of land that are not committed or used for a specific agricultural use 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 nondedicated agricultural use application. (2) The application shall be filed with the director by December 31 of any calendar year with no new applications accepted after September 1, 2024. SUPP. 15 (1-2024) 19-34 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, 2028. 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, 2025. If no application is received by the director by September 1, 2025, 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, 2027, 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 2028 tax year, unless their applications have been denied or they have applied for a different tax program; and SUPP. 15 (1-2024) 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.)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. 15 (1-2024) 19-36 R EAL P ROPERTY T AXES § 19-57.1 (B) Documentation of annual sales or donations of food totaling a minimum of $1,000 are provided to the director at the time of renewal. Sales or donations must be generated from the assessed property. Annual sales shall be documented through excise tax receipts. Donations of food must be to a nonprofit 501(c)(3) organization. (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) The owner fails to observe any restriction, condition, or provision on the use of the land; (B) The property is converted to a County zoned district other than agricultural, residential and agricultural, family agricultural, intensive agricultural, agricultural project district as a result of a petition by the owner or lessee; (C) The property is subdivided into parcels of less than five acres in size; or (D) A condominium property regime is declared for the property resulting in condominium units with areas 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. (2023, ord 23-60, sec 3.)19-57.1 Section 19-58. Certain lands dedicated for residential use. (a) The term “owner” as used in this section means a person who is the fee simple owner of real property, or who is the lessee of real property whose lease term extends at least ten years from the effective date of the dedication. (b) A special land reserve is established to enable the owner of any parcel of land within a hotel, apartment, resort, commercial, or industrial district to dedicate the owner’s land for residential use and to have the land assessed at its value in residential use; provided that: (1) The land dedicated shall be limited to a parcel used only for single-family dwelling residential use; (2) The owner of the land dedicated shall use it as the owner’s principal residence and qualify to be in the homeowner’s class per section 19-53(e)(2)(A); and (3) Not more than one parcel of land shall be dedicated for residential use by any owner. SUPP. 15 (1-2024) 19-37 § 19-58 H AWAI‘I C OUNTY C ODE (c) If any owner desires to use the owner’s land for residential use and to have the land assessed at its value in this use, the owner shall so petition the director of finance and declare in the petition that if the petition is approved, the owner will use the land for single-family dwelling residential use only and that the land so dedicated will be used exclusively as the owner’s principal residence. Upon receipt of any such petition, the director of finance shall make a finding of fact as to whether the land described in the petition is being used by the owner for single-family dwelling residential use only and exclusively as the owner’s principal residence. If the finding is favorable to the owner, the director shall approve the petition and declare the land to be dedicated. (d) The approval of the petition by the director of finance to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of the land for a minimum period of ten years. At least one hundred eighty days prior to the cancellation date, the department of finance shall notify the owner by mail of such cancellation. The owner of a dedicated property must renew the dedication on or before September 1 of the tenth year of the original dedication or any subsequent renewal period in order to continue the dedication for the next ten years. (e) Failure of the owner to observe the restrictions on the use of the land or the sale of the property shall cancel the special tax assessment privilege retroactive to the date of the dedication, or the latest renewal ten-year period, and 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 payable with a ten percent penalty from the respective dates that these payments would have been due. Failure to observe the restrictions on the use means failure for a period of over twelve consecutive months to use the land in the manner requested in the petition or the overt act of changing the use for any period, or the sale of the real property. Nothing in this subsection shall preclude the County from pursuing any other remedy to enforce the covenant on the use of the land. The additional taxes and penalties, due and owing as a result of failure to use or any other breach of the dedication shall be a paramount lien upon the property as provided for by this chapter. (f) The director of finance shall prescribe the form of the petition. The petition shall be filed with the director of finance by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, the dedication shall be effective on July 1 of the following tax year. (g) The owner may appeal any disapproved petition as in the case of an appeal from an assessment. (1983 CC, c 19, art 7, sec 19-58; am 1997, ord 97-84, sec 1.)19-58 SUPP. 15 (1-2024) 19-38 R EAL P ROPERTY T AXES § 19-58.1 Section 19-58.1. Repealed. (1990, ord 90-137, sec 3; am 1991, ord 91-109, sec 2; ord 91-122, sec 2; am 1997, ord 97- 84, sec 1; am 2003, ord 03-103, sec 4; am 2004, ord 04-122, sec 2; am 2008, ord 08-156, sec 3; rep 2021, ord 21-32, sec 2.)19-58.1 Section 19-58.2. Repealed. (1990, ord 90-137, sec 3; am 1991, ord 91-122, sec 3; am 1997, ord 97-84, sec 1; am 2008, ord 08-156, sec 3; rep 2021, ord 21-32, sec 3.)Error! Reference source not found. Section 19-58.3. Repealed. (1990, ord 90-137, sec 3; rep 1997, ord 97-84, sec 1.)19-58.3 Section 19-58.4. Repealed. (1996, ord 96-71, sec 3; am 1997, ord 97-84, sec 1; rep 2003, ord 03-103, sec 5.)19-58.4 Intentionally left blank. SUPP. 15 (1-2024) 19-39 § 19-59 H AWAI‘I C OUNTY C ODE Article 8. \[Former\] Repealed. (1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.) Article 8. Dedications. Section 19-59. \[Former\] Repealed. (1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.) Section 19-59. Native forest dedications. (a) Native forest categories. (1) “Native forests” means lands which have sixty percent or greater native species forest cover. (A) Native species are defined as those species that are either endemic or indigenous to the Hawaiian islands. Native species in this context shall mean plants that became established or evolved in the Hawaiian islands without the aid of human beings. (B) The forest cover requirement may be met by native species in either the tree layer or the understory layer, or a combination of the two; provided a minimum twenty-five percent of the forest cover shall contain tree cover. (2) “Functional forests” means lands which have sixty percent or greater native species forest cover combined with non-native/non-invasive species forest cover. (A) Non-native/non-invasive species are defined as those species that are not native to the Hawaiian islands, having arrived with human help, which do not invade or overtake native species habitat and have a Hawai‘i- Pacific Weed Risk Assessment score of six or less, with seven or more being a designation of high risk. Exceptions to the score must be justified in the forest management plan or forest restoration plan. (B) The forest cover requirement may be met by native species and non- native/non-invasive species in either the tree layer or the understory layer, or a combination of the two; provided a minimum twenty-five percent of the forest cover shall contain tree cover and a minimum of half of the forest cover shall contain native species. SUPP. 11 (1-2022) 19-40 R EAL P ROPERTY T AXES §19-59 (3) “Successional forests” means lands which have new lava substrates currently unsuitable for cultivation such that soil depths and/or organic matter are less than 10 cm. (A) Successional forests are lava flows in the earliest stages of becoming forested land and which would not currently meet the native forest or functional forest requirements. (B) Successional forest lands must be maintained to promote either a native forest or functional forest development. (b) Forest dedication process. (1) Forest preservation. An owner who desires to dedicate the land for native forest or functional forest preservation shall petition the director, following the requirements of the administrative rules and regulations, to dedicate the land for a period of twenty years. The forest preservation plan must demonstrate that the land qualifies as a native forest or functional forest dedication as provided herein at the beginning of the dedication period. The term “owner” includes lessees of real property whose term extends at least twenty years from the effective date of the dedication. (A) Any property three acres or larger within agricultural, residential and agricultural, family agricultural, intensive agricultural, and agricultural project districts, or open zoned districts, which includes at least 2.75 intact and contiguous acres of native forest or functional forest is eligible for dedication as native forest or functional forest property if it meets the classification requirements as provided herein. (B) The petition shall be filed with the director by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, the dedication shall be effective on July 1 of the following tax year. (C) The director shall determine whether or not land qualifies as native forest or functional forest by using current natural resource or vegetation maps or other acceptable evidence. Other acceptable evidence includes, but is not limited to: (i) A written affidavit by a recognized professional in the field of natural resources, or (ii) A finding by a County, State or Federal agency or department with the relevant expertise in the field of natural resources. (D) If the director’s findings are favorable, the petition shall be approved and the land shall be declared dedicated. Approval of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of the land to a use other than preservation for a minimum period of twenty years. In order to place prospective buyers on notice of the rollback tax liability, the director shall, within sixty days of notice of approval, record the dedication in accordance with the procedures of the bureau of conveyances. SUPP. 10 (7-2021) 19-41 § 19-59 H AWAI‘I C OUNTY C ODE (2) Forest restoration. If a property does not qualify as a native forest or functional forest, an owner may petition the director, following the requirements of the administrative rules and regulations, to dedicate the land for a period of twenty years for a native forest or functional forest or fifty years for a successional forest through a forest restoration plan. The forest restoration plan must demonstrate that the land will qualify as a native forest, functional forest, or continue to qualify as a successional forest as provided herein by the end of the dedication period. The term “owner” includes lessees of real property whose term extends at least twenty years from the effective date of the dedication for native forest and functional forest dedications and fifty years for successional forest dedications. (A) Any property three acres or larger within agricultural, residential and agricultural, family agricultural, intensive agricultural, and agricultural project districts, or open zoned districts, which includes at least 2.75 intact and contiguous acres in the forest restoration plan is eligible for dedication if the forest restoration plan achieves the classification requirements within the dedication period. (B) The petition shall be filed with the director by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, the dedication shall be effective on July 1 of the following tax year. (C) The director shall determine whether or not the forest restoration plan qualifies as native forest, functional forest, or successional forest by using current natural resource or vegetation maps or other acceptable evidence. Other acceptable evidence includes, but is not limited to: (i) A written affidavit by a recognized professional in the field of natural resources, or (ii) A finding by a County, State or Federal agency or department with the relevant expertise in the field of natural resources. (D) If the director’s findings are favorable, the petition shall be approved and the land shall be declared dedicated. Approval of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of the land to a use other than preservation for a minimum period of twenty years to fifty years depending upon the type of dedication. In order to place prospective buyers on notice of the rollback tax liability, the director shall, within sixty days of notice of approval, record the dedication in accordance with the procedures of the bureau of conveyances. (E) The owner shall provide to the director evidence every five years that the forest restoration plan is being implemented, as well as a signed and notarized affidavit, following the requirements of the administrative rules and regulations, that the restoration plan is likely to succeed within the designated time period. The owner shall continue to fulfill all other requirements of the agricultural assessment, including providing SUPP. 10 (7-2021) 19-42 R EAL P ROPERTY T AXES §19-59 proof at the director’s request that any portion of the parcel not being restored to a native forest or functional forest, but still being assessed for an agricultural use, continues to be used and maintained substantially and continuously in the approved agricultural use. (F) If, at the end of the time period designated in the plan the land does not meet the requirements of the forest restoration plan, the owner may return the land to its previous designated use or it shall be assessed and taxed at market value without penalty, provided that the owner has submitted the required verification that all conditions of the forest restoration plan have been met. (c) Forest dedication value. (1) Dedicated native forest land shall be assessed at a preferential per-acre value in its restricted preservation use. In determining the value of lands which are classified native forest, the director shall assign a native forest assessment value no greater than fifty percent of the lowest dedicated agricultural use category. No preferential value shall be granted to native forest land unless it is dedicated. (2) Dedicated functional forest land shall be assessed at a preferential per-acre value in its restricted preservation use. In determining the value of lands which are classified functional forest, the director shall assign a functional forest assessment value as twice the value of the native forest assessment value. No preferential value shall be granted to functional forest land unless it is dedicated. (3) Dedicated successional forest land shall be assessed at a preferential per-acre value in its restricted preservation use. In determining the value of lands which are classified successional forest, the director shall assign a nominal value of $100. No preferential value shall be granted to successional forest land unless it is dedicated. (d) Breach of dedication. The dedication shall be deemed breached and the tax assessment privilege cancelled retroactive to the date of the dedication, or the latest renewal period, and 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 payable with a ten percent penalty and the forest classification shall be rescinded, upon any of the following: (1) Failure of the owner to observe the restrictions on the use of the land; or (2) The cover of native forest species falls below sixty percent for native forest preservation; or (3) The cover of native forest species combined with non-native/non-invasive forest species falls below sixty percent for functional forest preservation; or (4) Failure of the owner to undertake specific actions as outlined in the forest restoration plan; or (5) The property is rezoned to a higher use at the owner’s request; or (6) The property is subdivided into parcels of less than three acres; or SUPP. 10 (7-2021) 19-42.1 § 19-59 H AWAI‘I C OUNTY C ODE (7) A condominium property regime is declared for the property having condominium units with an area equivalent to less than three acres. Each unit shall be treated as a subdivision into lots of like size; or (8) The dedicated property or any portion thereof is sold by way of a conveyance which is subject to conveyance tax under the terms of chapter 247, Hawai‘i Revised Statutes, unless the director submits a notarized affidavit signed by the owner to the bureau of conveyances stating that the land shall continue to be subject to the full requirements of the dedication, including the full penalties and rollback taxes imposed for violation; or (9) The dedicated property is not maintained according to sound land management practices such that soil erosion is minimized, foreign species are controlled, and the watershed is protected. (e) Exemption to breach of dedication. 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 owner’s control; or (2) The death or severe disability of the principal owner such that the native forest, functional forest, or successional forest maintenance and/or restoration cannot continue. Corporations and partnerships are not eligible for this death or severe disability exemption. (f) Changing between native forest categories. If the owner desires to change from one forest category to another, the owner shall petition the director and provide evidence that the land meets the requirements for the new category. The petition shall be filed with the director by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, the dedication shall be effective on July 1 of the following tax year. (g) At least one hundred eighty days prior to the cancellation, the department of finance shall notify the owner by mail of such cancellation. The owner may reapply for renewal of the dedication by filing an application with the director on or before September 1 of the last year of the dedication period. The renewal petition shall, in all respects, be processed in the same manner as an original petition. Upon approval of succeeding dedications by the director, the property shall continue to be assessed in accordance with the provisions of this section. (h) The owner may appeal a petition that has been disapproved as in the case of an appeal from an assessment. (i) The director shall establish rules and regulations necessary to administer this section, pursuant to chapter 91, Hawai‘i Revised Statutes. (2003, ord 03-103, sec 6; am 2021, ord 20-60, sec 2.)19-59 Section 19-60. \[Former\] Repealed. (1983 CC, c 19, art 8, sec 19-60; rep 1997, ord 97-84, sec 1.) SUPP. 10 (7-2021) 19-42.2 R EAL P ROPERTY T AXES §19-60 Section 19-60. Long-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 five years remaining on the lease at time of petition, to dedicate the land for a specific long-term commercial agricultural use, and to have the value of the land assessed in such use for a period of ten years, or in the case of a recorded agricultural lease the term of the lease up to ten 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 long-term commercial agriculture use for intensive agriculture, orchards, or diversified agriculture is fallow for no more than three out of every ten years of the dedication period, except when greater fallow periods are necessary as described in the dedication petition; (3) The land dedicated for long-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. (b) The owner of land under the twenty-year agricultural dedication at July 1, 2003 may continue to be assessed at fifty percent of its agricultural use value and shall be subject to the conditions and provisions of the effective long-term commercial agricultural use dedication. (c) Determining agricultural use value. (1) In determining the value of lands which are classified and used for long-term commercial agriculture use, consideration shall be given to rent, productivity, nature of actual commercial agricultural use, the advantage or disadvantage of factors such as location, accessibility, transportation facilities, size, shape, topography, water privileges, availability of water and its cost, easements and appurtenances, and to the opinions of persons who may be considered to have special knowledge of land values. (2) Five general agricultural categories shall be used in determining the value of lands which are dedicated for long-term commercial agriculture use: (A) “Intensive agriculture,” which includes such crops as vegetables, ginger, taro, herbs, nurseries, foliage, cut and potted flowers, piggeries, dairy, poultry, feedlots, aquaculture, and honey and honeybees. SUPP. 15 (1-2024) 19-43 § 19-60 H AWAI‘I C OUNTY C ODE (B) “Orchards,” which includes such crops as macadamia nuts, guava, banana, papaya, avocado, grapes, passion fruit, coffee, citrus, cacao, pineapple, and tropical specialty fruits. (C) “Feed crops and fast rotation forestry,” which includes forage crops, seed crops, cane, short rotation forestry, biomass, grasses, etc. (D) “Pasture and slow rotation forestry,” which includes pasture and longer rated forestry. (E) “Diversified agriculture,” which includes a blend of intensive agriculture and orchards. (3) Lands classified as tree farm property pursuant to chapter 186, Hawai‘i Revised Statutes, shall be considered for classification and valuation as agricultural. (4) The portion of land that is not dedicated for long-term commercial agriculture use shall be assessed based on the proportional market value of the total property. (5) A farm dwelling site shall be assessed at the highest commercial agricultural use value, provided that the maximum farm dwelling site area to be assessed at the highest commercial agriculture use value shall not exceed one-fourth acre. (d) Long-term commercial agricultural use dedication petition. (1) If any owner desires to dedicate the owner’s land for a long-term commercial agricultural use and to have the land taxed at its assessed value in this use, the owner shall so petition the director of finance and declare in the petition that the land can best be used for the purpose for which the owner requests permission and that if the petition is approved the land will be used for this purpose. The director shall require an Internal Revenue Service schedule F (form 1040) or State department of taxation form G-49 from the previous tax year as evidence of long-term commercial agricultural use. (2) The director shall prescribe the form of the petition that 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; (E) Receipts demonstrating an investment of a minimum of $10,000 in farm equipment, fertilizers, or soil amendments for use on the subject property; or (F) Documentation of an agricultural conservation easement with a term of at least ten years, that has been recorded with the State of Hawai‘i Bureau of Conveyances. SUPP. 15 (1-2024) 19-44 R EAL P ROPERTY T AXES §19-60 (3) The petition shall be filed with the director of finance by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, dedication shall be effective on July 1 of the following tax year. (4) The petition for long-term commercial agricultural use dedication must be signed by all owners of the land being dedicated. (5) A recorded lessee of the land with a term of five or more years remaining from the date of the petition and who is responsible for payment of the real property tax shall also be deemed an owner of the land within these provisions. (6) Action by director on petition. (A) Upon receipt of a petition as provided above, the director shall make a finding of fact as to whether the land in the petition area is reasonably well suited for the intended use. The finding shall include and be based upon the productivity ratings of the land in those uses for which it is best suited, a study of the ownership, size of operating unit, the present use of surrounding similar lands and other criteria as may be appropriate. (B) The director shall also make a finding of fact as to whether the intended use is in conflict with the general plan and any applicable community development plan of the County; provided that, with respect to lands in County zoning districts other than agricultural, residential and agricultural, family agricultural, intensive agricultural, or agricultural project district, the director shall make further findings respecting the economic feasibility of the intended use of the land. (C) If all findings are favorable, the director shall approve the petition and declare the land to be dedicated. (D) In order to place prospective buyers on notice of the rollback liability, the petitioner shall record the dedication in accordance with the procedures of the bureau of conveyances within ninety days of notice of approval. (e) Approval by the director of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of the land to a use other than long-term commercial agriculture for a minimum period of ten years, unless otherwise provided by this chapter, subject to cancellation or renewal as follows: (1) At least one hundred eighty days prior to any cancellation or termination, the department of finance shall notify the owner by mail of such cancellation or termination. The owner shall reapply for renewal of the dedication by filing an application with the director on or before September 1 of the last year of dedication. The renewal petition shall, in all respects, be processed similarly to an original petition. Upon approval by the director of succeeding dedications, the property shall continue to be assessed in accordance with the provisions of the dedication. (2) In the case of a change in zoning not as a result of a petition by any property owner or lessee such that the owner’s land is placed within any zoned district other than a County zoned district of agricultural, residential and agricultural, family agricultural, intensive agricultural, or agricultural project district, the dedication may be cancelled within sixty days of the change by the owner. SUPP. 15 (1-2024) 19-45 § 19-60 H AWAI‘I C OUNTY C ODE (3) Upon any conveyance or any change in ownership during the period of dedication, the land shall continue to be subject to the terms and conditions of the dedication unless a release has been issued by the director. (f) 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 twenty-four 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. (g) Breach of dedication; deferred or rollback taxes; penalties and interest. (1) A deferred or rollback tax shall be imposed on the owner of long-term commercial agricultural use dedicated lands upon any of the following: (A) Failure of the owner to observe any restriction, condition, or provision on the use of the land; or (B) If the dedicated property or any portion thereof is sold by way of a conveyance which is subject to conveyance tax under the terms of chapter 247, Hawai‘i Revised Statutes, unless a notarized affidavit is signed by the owner stating that the land will continue to be subject to the full requirements of the dedication including any penalties for violation. The director shall record the notarized affidavit with the bureau of conveyances. (2) The deferred or rollback tax shall commence from the date the failure to observe the restriction, condition, or provision, or the property’s conveyance retroactive to the date the assessment was made pursuant to subsection (3)(F) of this section but for not more than ten 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 SUPP. 15 (1-2024) 19-46 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 total combined period of dedication for short-term commercial agricultural use shall not exceed three consecutive three year terms. (2) 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; (3) 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; (4) 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 (5) 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. 15 (1-2024) 19-47.1 R EAL P ROPERTY T AXES §19-61 (b) Determining agricultural use value. (1) In determining the value of lands which are classified and used for short-term commercial agriculture use, consideration shall be given to rent, productivity, nature of actual commercial agricultural use, the advantage or disadvantage of factors such as location, accessibility, transportation facilities, size, shape, topography, water privileges, availability of water and its cost, easements and appurtenances, and to the opinions of persons who may be considered to have special knowledge of land values. (2) The five general agricultural categories in section 19-60 (c)(2) shall be used in determining the value of lands which are dedicated for short-term commercial agriculture use. (3) Lands classified as tree farm property pursuant to chapter 186, Hawai‘i Revised Statutes, shall be considered for classification and valuation as agricultural. (4) The portion of land that is not dedicated for short-term commercial agriculture use shall be assessed based on the proportional market value of the total property. (5) A farm dwelling site shall be assessed at the highest commercial agricultural use value, provided that the maximum farm dwelling site area to be assessed at the highest commercial agriculture use value shall not exceed one-fourth acre. (6) Lands dedicated for short-term commercial agricultural use shall be assessed at two times the value of lands dedicated for long-term commercial agricultural use. (c) Short-term commercial agricultural use dedication petition. (1) If any owner desires to dedicate the owner’s land for a short-term commercial agricultural use and to have the land taxed at its assessed value in this use, the owner shall so petition the director of finance and declare in the petition that the land can best be used for the purpose for which the owner requests permission and that if the petition is approved the land will be used for this purpose. The director shall require evidence of short-term commercial agricultural use in such form and at such times as provided for in the administrative rules and regulations of the department. (2) The director shall prescribe the form of the petition that 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 SUPP. 15 (1-2024) 19-47.2 § 19-61 H AWAI‘I C OUNTY C ODE (E) Receipts demonstrating an investment of a minimum of $10,000 in farm equipment, fertilizers, or soil amendments for use on the subject property. (3) The petition shall be filed with the director of finance by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, dedication shall be effective on July 1 of the following tax year. (4) The petition for short-term commercial agricultural use dedication must be signed by all owners of the land being dedicated. (5) Action by director on petition. (A) Upon receipt of a petition as provided above, the director shall make a finding of fact as to whether the land in the petition area is reasonably well suited for the intended use. The finding shall include and be based upon the productivity ratings of the land in those uses for which it is best suited, a study of the ownership, size of operating unit, the present use of surrounding similar lands and other criteria as may be appropriate. (B) The director shall also make a finding of fact as to whether the intended use is in conflict with the general plan and any applicable community development plan of the County; provided that, with respect to lands in County zoning districts other than agricultural, residential and agricultural, family agricultural, intensive agricultural, or agricultural project district, the director shall make further findings respecting the economic feasibility of the intended use of the land. (C) If all findings are favorable, the director shall approve the petition and declare the land to be dedicated. (d) Approval by the director of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of the land to a use other than short-term commercial agriculture for a minimum period of three years, unless otherwise provided by this chapter, subject to cancellation or renewal as follows: (1) At least one hundred eighty days prior to any cancellation or termination, the department of finance shall notify the owner by mail of such cancellation or termination. The owner shall reapply for renewal of the dedication by filing an application with the director on or before September 1 of the last year of dedication. The renewal petition shall, in all respects, be processed similarly to an original petition. Upon approval by the director of succeeding dedications, the property shall continue to be assessed in accordance with the provisions of the dedication. (2) In the case of a change in zoning not as a result of a petition by any property owner or lessee such that the owner’s land is placed within any zoned district other than a County zoned district of agricultural, residential and agricultural, family agricultural, intensive agricultural, or agricultural project district, the dedication may be cancelled within sixty days of the change by the owner. (3) Upon any conveyance or any change in ownership during the period of dedication, the land shall no longer continue to be subject to the terms and conditions of the dedication. SUPP. 15 (1-2024) 19-47.3 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.)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. 15 (1-2024) 19-47.5 R EAL P ROPERTY T AXES This page intentionally left blank. SUPP. 15 (1-2024) 19-47.6 § 19-64 H AWAI‘I C OUNTY C ODE Section 19-64. Repealed. (1983 CC, c 19, art 8, sec 19-64; rep 1997, ord 97-84, sec 1.)19-64 Section 19-65. Repealed. (1983 CC, c 19, art 8, sec 19-65; rep 1997, ord 97-84, sec 1.)19-65 Section 19-66. Repealed. (1983 CC, c 19, art 8, sec 19-66; rep 1997, ord 97-84, sec 1.)19-66 Article 9. Nontaxable Property; Assessment. Section 19-67. Nontaxable property. For purposes of accountability, the director of finance shall assess at the nominal sum of $100 each parcel of real property which is completely exempt from taxation. (1983 CC, c 19, art 9, sec 19-67; am 1990, ord 90-138, sec 3; am 1997, ord 97-84, sec 1.) Article 10. Exemptions. Section 19-68. Claims for certain exemptions. (a) (1) None of the exemptions from taxation granted in sections 19-76 to 19-78, 19- 89.2 and 19-89.5 shall be allowed in any case, unless the claimant shall have filed with the department of finance, on or before December 31 preceding the tax year for which such exemption is claimed, a claim for exemption in such form as shall be prescribed by the department. (2) The exemption from taxation granted for disabilities in sections 19-73 to 19-75 shall be allowed from the next tax payment date, provided that the claimant shall have filed a claim for the disability exemption along with a copy of the physician’s certificate of disability with the department on or before June 30 for the first half payment or December 31 for the second half payment on such form as shall be prescribed by the department. (3) The exemption from taxation granted for principal home in section 19-71 shall be allowed from the next tax payment date, provided that the claimant shall have filed a claim for the home exemption on or before December 31 for the first half payment or June 30 for the second half payment on such form as shall be prescribed by the department. (b) A claim for exemption once allowed shall have continuing effect until: (1) The exemption is disallowed; (2) The assessor voids the claim after first giving no less than thirty days’ notice (either to the claimant or to all claimants in the manner provided for by ordinance), that the claim or claims on file will be voided on a certain date; (3) The five-year period for exemption, as allowed in section 19-78, expires; or (4) The claimant makes the report required by subsection (d). 19-48 R EAL P ROPERTY T AXES §19-68 (c) A claimant may file a claim for exemption even though there is on file and in effect a claim covering the same premises, or a claim previously filed and disallowed or otherwise voided. However, no such claim shall be filed if it is identical with one already on file and having continuing effect. The report required by subsection (d) may be accompanied by or combined with a new claim. (d) Any person who has been allowed an exemption under sections 19-71, 19-73 to 19-78, 19-89.2 or 19-89.5 has a duty to report to the assessor within thirty days after that person ceases to qualify for such an exemption for one of, but not limited to, the following reasons: (1) That person ceases to be the owner, lessee, or purchaser of the exempt premises; (2) A change in the facts previously reported has occurred concerning the occupation, use, or renting of the premises, buildings or other improvements thereon; or (3) Some other change in status has occurred which affects the exemption. Such report shall have the effect of voiding the claim for exemption previously filed, as provided in subsection (b)(4). The report shall be sufficient if it identifies the property involved, states the change in facts or status, and requests that the claim for exemption previously filed be voided. In the event the property comes into the hands of a fiduciary who is answerable as provided for by this chapter, the fiduciary shall make the report required by this subsection within thirty days after the fiduciary’s assumption of fiduciary duties or within the time otherwise required, whichever is later. Any person who has a duty of making a report as required by this subsection, who within the time required fails to make a report, shall be liable for a civil penalty. The amount of the penalty shall be $100. The penalty shall be recovered as provided for by ordinance. In addition to this penalty, the taxes due on the property plus any additional penalties and interest thereon shall be collected as property taxes and shall be a lien on the property as provided for by ordinance. (e) In addition to any penalty set forth in article 10, any individual who files a fraudulent claim for exemption or attests to any false statement, with the intent to defraud or to evade the payment of taxes or any part thereof, or who in any manner intentionally deceives or attempts to deceive the department of finance, shall be fined $1,000. This fine shall attach as a paramount lien against the property for which the claim for exemption is filed. (f) If the assessor is of the view that, for any tax year, the exemption should not be allowed, in whole or in part, the assessor may at any time within two years of January 1 of that year disallow the exemption for that year, in whole or in part, and may add to the assessment list for that year the amount of value involved, in the manner provided for by ordinance for the assessment of omitted property; 19-49 § 19-68 H AWAI‘I C OUNTY C ODE provided, that if an assessment or addition under this subsection is made after April 9 preceding the tax year, the taxes on the amount of value involved in the assessment or addition so made shall be made a lien as provided for by this chapter by recording a certificate setting forth the amount of tax involved, penalties, and interest. (g) In any case of recordation of a certificate for the amount of the civil penalty under subsection (d), or for the amount of tax, penalties, and interest assessed or added under subsection (f), a person shall be deemed to have an interest arising before the recordation of the certificate only if and to the extent that a person acquired the interest in good faith and for a valuable consideration without notice of a violation of the requirements of subsection (d) having occurred. (1983 CC, c 19, art 10, sec 19-68; am 1987, ord 87-116, sec 2; am 1990, ord 90-138, sec 4; am 1994, ord 94-24, sec 1; am 1995, ord 95-83, sec 2; am 1997, ord 97-84, sec 1; am 2004, ord 04-123, sec 2; am 2008, ord 08-11, secs 3 and 4.)19-68 Section 19-69. Repealed. (1983 CC, c 19, art 10, sec 19-69; rep 1997, ord 97-84, sec 1.)19-69 Section 19-70. Assignment of partial exemptions. Unless otherwise specifically provided, allowable exemptions shall be applied first to the value of the buildings on the land and the remainder of the unused exemption, if any, to the value of the land. (1983 CC, c 19, art 10, sec 19-70; am 1997, ord 97-84, sec 1.)19-70 Section 19-71. Homes. (a) Real property owned and occupied as a principal home shall be exempt to the following extent from property taxes: (1) Totally exempt where the value of the property is not in excess of $50,000; (2) Where the value of the property is in excess of $50,000, the exemption shall be the amount of $50,000. Provided that: (A) No such exemption shall be allowed to any corporation, co-partnership, or company; (B) The exemption shall not be allowed on more than one home for any one taxpayer and that such taxpayer shall certify under penalty of perjury that such taxpayer has no other home exemption in any other jurisdiction; (C) The taxpayer has acquired said home by a recorded deed; (D) A husband and wife shall not be permitted exemption of separate homes owned by each of them, unless they are living separate and apart, in which case they shall be entitled to one exemption, to be apportioned equally between each of their respective homes; SUPP. 14 (7-2023) 19-50 R EAL P ROPERTY T AXES §19-71 (E) Those portions of the real property and/or structures, including the principal home, used by any person for commercial purposes, which are legally permitted as a home occupation in accordance with the zoning code, shall be excluded from this exemption, but shall be entitled to an exemption with respect to the portion thereof used exclusively as a home; (F) Notwithstanding paragraph 19-71(a)(2)(E) above, having portions of the principal home located on the real property used exclusively as residential housing rental for a term of not less than six months and legally permitted by all codes, shall not prevent eligibility for the exemption; and (G) In the case of a lease of Hawaiian homestead lands, where either a husband or wife is of non Hawaiian descent, either spouse shall be entitled to the home exemption in the same manner as if either spouse was considered the owner thereof, provided proof of marriage is submitted to the director of finance. (b) The use of a portion of any real property, accessory buildings, or structures used for the sole purpose of agricultural activities as defined in section 25-1-5 shall not affect the exemptions otherwise provided by this section. (c) Where two or more individuals by life estate and remainder, jointly, by the entirety, or in common own or lease land on which their homes are located, each home, if otherwise qualified for the exemption granted by this section, shall receive the exemption. If a portion of land held by life estate and remainder, jointly, by the entirety, or in common by two or more individuals is not qualified to receive an exemption, such disqualification shall not affect the eligibility for an exemption or exemptions of the remaining portion. (d) A taxpayer who is sixty years of age or over and who qualifies under subsection (a) shall be entitled to one of the following home exemptions: Age of Taxpayer Exemption Amount 60 years of age or over but $85,000 not 65 years of age or over 65 years of age or over but not $90,000 70 years of age or over 70 years of age or over but not $105,000 75 years of age or over 75 years of age or over but not $110,000 80 years of age or over 80 years of age or over $125,000 For the purpose of this subsection, a husband and wife who own property by life estate and remainder, jointly, by the entirety, or in common, on which a home exemption under the provisions of subsection (a) has been granted shall be entitled to the applicable home exemption set forth above when at least one of the spouses qualifies each year for the applicable home exemption. SUPP. 16 (7-2024) 19-51 § 19-71 H AWAI‘I C OUNTY C ODE (e) For purposes of this section, the term “real property owned and occupied as a principal home” is defined as the place where an individual has a true, fixed, permanent home and principal establishment, and to which place the individual has, whenever absent, the intention of returning. It is the place in which an individual has voluntarily fixed habitation, not for mere special, temporary, or vacation purpose, but with the intention of making a permanent home. (1) Four elements are necessary for real property to be considered a “principal home.” (A) The owner has no other home exemption or principal home in any other jurisdiction; (B) The owner maintains the principal home residence within the County; (C) The owner’s actual physical occupancy of the principal home within the County; and (D) The owner has filed a Hawai‘i state income tax return as a full time resident for each fiscal year that the exemption is sought, or: (i) In the case of an owner who has not earned sufficient income to require the filing of a Hawai‘i state income tax return, the owner may seek a conditional waiver of this requirement from the director by certifying that the only reason the waiver is sought is insufficient income to require the filing of a Hawaii state income tax return, and by providing evidence to the satisfaction of the director that the owner is a full time resident; or (ii) In the case of an owner who relocated to the County of Hawaii and has not yet had the opportunity to file a Hawaii state income tax return, but intends to file a Hawaii state income tax return at the next tax return filing deadline, that owner may seek from the director a conditional waiver of this requirement by certifying that the owner shall file a Hawai‘i state income tax return within the next twelve months. In the event the owner does not file a Hawai‘i state income tax return within the twelve month period, the owner shall be charged the amount of tax that was exempted and shall not be eligible to apply for the exemption under this section for one year. (2) Maintaining a principal residence may be evidenced by one or more of the following: (A) Occupancy of the home in the County for more than two hundred calendar days of the calendar year for which the exemption is sought; (B) Registering to vote in the County; (C) Being stationed in the County under military orders of the United States and must claim residency only in Hawai‘i; or (D) Possession of any of the following with a reported address within the County of Hawai‘i: (i) Valid Hawai‘i driver’s license. (ii) Hawai‘i state identification card. (iii) Resident aliens possessing a valid resident alien card (“green card”) must claim residency only in Hawai‘i. SUPP. 14 (7-2023) 19-52 R EAL P ROPERTY T AXES §19-71 (iv) Completed and signed copy of the owner’s Hawai‘i County voter registration application, with only the last four digits of the owner’s social security number visible. (v) U.S. Internal Revenue Service tax return with only the last four digits of the social security number visible. The director of finance may require documentation of the above or additional evidence of residence in the County from a property owner applying for an exemption or from an owner as evidence of continued qualification for an exemption. Failure to respond fully to the director’s request, or in the event the director receives satisfactory evidence that a claimant occupies a permanent home outside the County or there is documented evidence the claimant resides outside of the County for more than one hundred sixty-five calendar days, shall be deemed grounds for denying a claim for exemption or disallowing an existing exemption. (f) Real property qualifying under subsection (a) shall be entitled to an additional exemption of twenty percent of the assessed value of the property not to exceed an additional $100,000. (1983 CC, c 19, art 10, sec 19-71; am 1990, ord 90-138, sec 5; am 1997, ord 97-84, sec 1; am 2004, ord 04-123, sec 3; am 2006, ord 06-147, sec 3; am 2014, ord 14-135, sec 2; am 2022, ord 22-90, secs 2-4; am 2023, ord 23-54, secs 3 and 4; ord 23-65, sec 1.)19-71 Section 19-72. Home, lease, lessees defined. For the purpose of section 19-71 the word “home” includes: (1) The entire homestead when it is occupied by the taxpayer as such; (2) A residential building on land held by the lessee or the lessee’s successor in interest under a lease for a term of ten years or more for residential purposes and owned and used as a residence by the lessee or the lessee’s successor in interest, where the lease and any extension, renewal, assignment, or agreement to assign the lease, have been duly entered into and recorded by the respective date set forth in subsection 19-68(a)(3), and whereby the lessee agrees to pay all taxes during the term of the lease; (3) An apartment which is a living unit (held under a proprietary lease by the tenant thereof) in a multi-unit residential building on land held by a cooperative apartment corporation (of which the proprietary lessee of such living unit is a stockholder) under a lease for a term of ten years or more for residential purposes and which apartment is used as a residence by the lessee- stockholder, where the lease and any extension or renewal have been duly entered into and recorded by the respective date set forth in subsection 19-68(a)(3), and whereby the lessee-stockholder agrees to pay all taxes during the term of the lease; (4) An apartment in a multi-unit apartment building which is occupied by the owner of the entire apartment building as the owner’s residence; SUPP. 16 (7-2024) 19-53 § 19-72 H AWAI‘I C OUNTY C ODE (5) That portion of a residential duplex and that portion of land appurtenant to the duplex which are occupied by the owner of the duplex and land as the owner’s residence; (6) An apartment which is a living unit (held under a lease by the tenant thereof) in a multi-unit residential building used for retirement purposes under a lease for a term to last during the lifetime of the lessee and the lessee’s surviving spouse and which apartment is used as a residence by the lessee and the lessee’s surviving spouse, and where the apartment unit reverts back to the lessor upon the death of the lessee and the lessee’s surviving spouse, and where the lease has been duly entered into and recorded by the respective date set forth in subsection 19-68(a)(3), and whereby the lessee agrees to pay all taxes during the term of the lease. As used in section 19-71, in the first paragraph of section 19-48 and in section 19-68, the word “lease” shall be deemed to include a sublease, and the word “lessee” shall be deemed to include a sublessee. (1983 CC, c 19, art 10, sec 19-72; am 1997, ord 97-84, sec 1; am 2004, ord 04-123, sec 4.) 19-72 Section 19-73. Homes of disabled or unemployable veterans. (a) Real Property owned and occupied as a home by any person who is 100 percent disabled or 100 percent unemployable, or both, due to injuries received while on duty with the armed forces of the United States, or owned by any such person together with such person’s spouse and occupied by either or both spouses as a home, or owned or occupied by a widow or widower of such veteran who shall remain unmarried and who shall continue to own and occupy the premises as a home, is hereby exempted except for fifty percent of the minimum tax from property taxes, other than special assessments, provided: (1) That such disability or unemployable status is the result of injuries incurred while on duty as a member of the armed forces of the United States, and that the department of finance may require proof of disability or unemployable status; (2) That the home exemption shall be granted only as long as the veteran claiming exemption remains 100 percent disabled or 100 percent unemployable, or both; and (3) That a person living on premises, a portion of which is used for commercial purposes, shall not be entitled to an exemption with respect to such portion, but shall be entitled to an exemption with respect to the portion used exclusively as a home; provided, that this exemption shall not apply to any structure, including the land thereunder, which is used for commercial purposes. SUPP. 7 (1-2020) 19-54 R EAL P ROPERTY T AXES § 19-73 (b) For the purpose of this section, the word “home” includes the entire homestead when it is occupied as a home by a qualified veteran who is 100 percent disabled or 100 percent unemployable, or both; houses where the qualified veteran owner sublets not more than one room to a tenant; and premises held under an agreement to purchase the same for a home, where the agreement has been duly entered into and recorded prior to January 1 preceding the tax year for which exemption is claimed, whereby the purchaser agrees to pay all taxes while purchasing the premises. (c) For disabled and unemployable veterans, the proof of disability or unemployable status from the Veterans Administration may be substituted for the required certification. (1983 CC, c 19, art 10, sec 19-73; am 1997, ord 97-84, sec 1; am 2018, ord 18-88, sec 1.)19-73 Intentionally left blank. SUPP. 7 (1-2020) 19-54.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 7 (1-2020) 19-54.2 R EAL P ROPERTY T AXES § 19-74 Section 19-74. Persons affected with Hansen’s disease. Any person who has been declared by authority of law to be a person affected with Hansen’s disease in the communicable stage and is admitted to a hospital for isolation treatment, shall, so long as that person is so hospitalized, and thereafter for so long as such person has been so declared to be therefrom temporarily released, shall, so long as that person remains or continues under temporary release, be exempted except for the minimum tax from real property taxes on all real property owned by the person on the date when the person was declared to be a person so affected with Hansen’s disease, up to, but not exceeding, a taxable value of $50,000. (1983 CC, c 19, art 10, sec 19-74; am 1997, ord 97-84, sec 1.)19-74 Section 19-75. Exemption, persons who are blind, deaf, and/or totally disabled. (a) Definitions as used in this chapter: (1) “Blind” means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees, as certified under this section. (2) “Deaf” means a person whose average loss in the speech frequencies (five hundred to two thousand Hertz) in the better ear is ninety-two decibels, or such other level as may be updated by American National Standards Institute (A.N.S.I.), or worse, as certified under this section. (3) “Totally disabled” means a person who is totally disabled, either physically or mentally, and who, except for such total disability, would be able to engage in substantial gainful business or occupation, as certified under this section. (b) Any person who is qualified for the homeowner exemption under section 19-71 and who is certified as blind, deaf, and/or totally disabled as defined in this section shall be exempt from real property taxes on real property owned and occupied as the principal home by the person up to, but not exceeding a taxable value of $50,000. Except that no exemption shall apply to any minimum tax payable under section 19-90(e) of this chapter. (c) The disability shall be certified by: (1) a physician licensed under chapter 453, Hawai‘i Revised Statutes, (2) a qualified out-of-state physician who is currently licensed to practice in the state in which the physician resides, or (3) a commissioned medical officer in the United States military or public health service, engaged in the discharge of one’s official duty. Certification for a person who is blind or deaf may also be made by a licensed optometrist or licensed audiologist as the case may be. Certification shall be on forms prescribed by the department of finance. For disabled and unemployable veterans, the proof of disability or unemployable status submitted pursuant to section 19-73(1) from the Veterans Administration, may be substituted for the required certification. Official documentation from the Social Security Administration may also be substituted for the required certification. SUPP. 7 (1-2020) 19-55 § 19-75 H AWAI‘I C OUNTY C ODE (d) Any person who is certified as being temporarily blind, deaf, and/or totally disabled shall submit an annual certification or recertification, as required by this section. No exemption shall be allowed unless the required certification or recertification is submitted. (e) Any person who qualifies for an exemption under this section shall be allowed to apply for only one of the exemptions established in this section. (f) In the case of a lease of Hawaiian homestead land, where either a husband or wife is of non-Hawaiian descent, either spouse shall be entitled to the blind, deaf, or totally disabled exemption in the same manner as if either spouse was considered the owner thereof, provided proof of marriage is submitted to the director of finance. (1983 CC, c 19, art 10, sec 19-75; am 1989, ord 89-150, sec 2; am 1990, ord 90-152, sec 2; am 1997, ord 97-84, sec 1; am 2001, ord 01-73, sec 1; am 2009, ord 09-27, sec 3; am 2014, ord 14-127, sec 1; am 2018, ord 18-88, sec 2.)19-75 Section 19-76. Nonprofit medical, hospital indemnity associations; tax exemption. Every association or society organized and operating under chapter 433, Hawai‘i Revised Statutes,* solely as a nonprofit medical indemnity or hospital service association or society or both shall be, from the time of such organization, exempt except for the minimum tax from real property taxes on all real property owned by it. (1983 CC, c 19, art 10, sec 19-76; am 1997, ord 97-84, sec 1.)19-76 * Editor’s Note: Chapter 433, Hawai‘i Revised Statutes, was repealed and its provisions incorporated into chapter 432. Section 19-77. Charitable, etc., purposes. (a) There shall be exempt except for the minimum tax from real property taxes real property designated in subsection (b) or (c) and meeting the requirements stated therein, actually and (except as otherwise specifically provided) exclusively used for nonprofit purposes. If an exemption is claimed under one of these subsections (b) and (c), an exemption for the same property may not also be claimed under the other of these subsections. Claimants shall submit to the director of finance documentation from the Internal Revenue Service verifying their exemption status. (b) This subsection applies to property owned in fee simple, leased, or rented for a period of one year or more, by the person using the property for the exempt purposes, hereinafter referred to as the person claiming the exemption. If the property for which exemption is claimed is leased or rented, the lease or rental agreement shall be in force and recorded in the bureau of conveyances. Exemption is allowed by this subsection to the following property: (1) Property used for school purposes including: (A) Kindergartens, grade schools, junior high schools, and high schools, which carry on a program of instruction meeting the requirements of the compulsory school attendance law, section 302A-1132, Hawai‘i Revised Statutes, or which are for preschool children who have attained or will SUPP. 7 (1-2020) 19-56 R EAL P ROPERTY T AXES § 19-77 attain the age of five years on or before December 31 of the school year, provided that any claim for exemption based on any of the foregoing uses shall be accompanied by a certificate issued by or under the authority of the department of education stating that the foregoing requirements are met; (B) Junior colleges or colleges carrying on a general program of instruction of college level. The property exempt from taxation under this paragraph is limited to buildings for educational purposes (including dormitories), housing owned by the school or college and used as residence for personnel employed at the school or college, campus and athletic grounds, and realty used for vocational purposes incident to the school or college. (2) Property used for hospital and nursing home purposes, including housing for personnel employed at the hospital; in order to qualify under this paragraph the person claiming the exemption shall present with the claim a certificate issued by or under the authority of the State department of health that the property for which the exemption is claimed consists in, or is a part of, hospital or nursing home facilities which are properly constituted under the law and maintained to serve, and which do serve the public. (3) Property used for church purposes including incidental activities, parsonages, and church grounds, the property exempt except for the minimum tax from real property taxes being limited to realty exclusive of burying grounds (exemption for which may be claimed under paragraph (4)). (4) Property used as cemeteries (excluding, however, property used for cremation purposes) maintained by a religious society, or by a corporation, association or trust organized for such purpose. Property used as individual or family burial plots shall be exempted for the portion that is actually used for such purposes. (5) Property dedicated to public use by the owner, which dedication has been accepted by the State or County, reduced to writing, and recorded in the bureau of conveyances. (6) Property owned by any nonprofit corporation, admission to membership of which is restricted by the corporate charter to members of a labor union; property owned by any government employees’ association or organization, one of the primary purposes of which is to improve employment conditions of its members; property owned by any trust, the beneficiaries of which are restricted to members of a labor union; property owned by any association or league of credit unions chartered by the United States or the State, the sole purpose of which is to promote the development of credit unions in the State. Notwithstanding any provision in this section to the contrary, the exemption shall apply to property or any portion thereof which is leased, rented, or otherwise let to another, if such leasing, renting, or letting is to a nonprofit association, organization, or corporation. 19-57 § 19-77 H AWAI‘I C OUNTY C ODE (c) This subsection shall apply to property owned in fee simple or leased or rented for a period of one year or more, the lease or rental agreement being in force and recorded in the bureau of conveyances at the time the exemption is claimed, by either: (1) A corporation, society, association, or trust having a charter or other enabling act or governing instrument which contains a provision or has been construed by a court of competent jurisdiction as providing that in the event of dissolution or termination of the corporation, society, association, or trust, or other cessation of use of the property for the exempt purpose, the real property shall be applied for another charitable purpose or shall be dedicated to the public, or (2) A corporation chartered by the United States under title 36, United States Code, as a patriotic society, or (3) A corporation, society or association qualifying for exemption from federal income tax under section 501(c)(3) where the property used for charitable purposes which are of a community character building, social service, or educational nature, or (4) Senior citizen housing facilities qualifying for a loan under the laws of the United States as authorized by section 202 of the Housing Act of 1959 as amended by the Housing Act of 1961, the Senior Citizens Housing Act of 1962, the Housing Act of 1964, and the Housing and Urban Development Act of 1965 as amended by the Housing and Urban Development Act of 1970. (d) If any portion of the property which might otherwise be exempted under this section is used for commercial or other purposes not within the conditions necessary for exemption (including any use the primary purpose of which is to produce income even though such income is to be used for or in furtherance of the exempt purposes) that portion of the premises shall not be exempt but the remaining portion of the premises shall not be deprived of the exemption if the remaining portion is used exclusively for purposes within the conditions necessary for exemption. In the event of an exemption of a portion of a building, the tax shall be assessed upon so much of the value of the building (including the land thereunder and the appurtenant premises) as the proportion of the floor space of the nonexempt portion bears to the total floor space of the building. (e) The term “for nonprofit purposes,” as used in this section requires that no monetary gain or economic benefit inure to the person claiming the exemption, or any private shareholder, member, or trust beneficiary. “Monetary gain” includes without limitation any gain in the form of money or money’s worth. “Economic benefit” includes without limitation any benefit to a person in the course of business, trade, occupation, or employment. (1983 CC, c 19, art 10, sec 19-77; am 1987, ord 87-116, sec 3; am 1997, ord 97-84, sec 1; am 2005, ord 05-164, sec 2.)19-77 19-58 R EAL P ROPERTY T AXES § 19-78 Section 19-78. Property used in manufacture of pulp and paper. All real property in the County actually and solely used or to be used, whether by the owner or lessee thereof, in connection with the manufacture of pulp and paper shall be exempt except for the minimum tax from property taxes for a period of five years from the first day of January following commencement of construction of a plant or plants on the property for such purpose. (1983 CC, c 19, art 10, sec 19-78; am 1997, ord 97-84, sec 1.)19-78 Section 19-79. Crop shelters. Any other law to the contrary notwithstanding, any permanent structure constructed or installed on any taxable real property used primarily for the protection of crops shall be exempted in determining and assessing the value of such taxable real property. Such exemption shall continue only as long as the structure is maintained in good condition. (1983 CC, c 19, art 10, sec 19-79; am 1997, ord 97-84, sec 1.)19-79 Section 19-80. Exemption, dedicated lands in urban districts. (a) Portions of real property which are dedicated and approved by the director of finance as provided for by this section shall be exempt except for the minimum tax from real property taxes. (b) Any owner of taxable real property in an urban district desiring to dedicate a portion or portions thereof for landscaping, open spaces, public recreation, and other similar uses shall petition the director of finance stating the exact area of the land to be dedicated and that the land is not within the setback and open space requirements of applicable zoning and building code laws and ordinances, and that the land shall be used, improved, and maintained in accordance with and for the sole purpose for which it was dedicated, except that land within a historic district may be so dedicated without regard to the setback and open space requirements of applicable zoning and building code laws and ordinances. The director shall make a finding as to whether the use to which such land will be dedicated has a benefit to the public at least equal to the value of the real property taxes for such land. Such finding shall be measured by the cost of improvements, the continuing maintenance thereof, and such other factors as the director may deem pertinent. If the director finds that the public benefit is at least equal to the value of real property taxes for such land, the director shall approve the petition and declare such land to be dedicated land. (c) The approval of the petition by the director shall constitute a forfeiture on the part of the owner of any right to change the use of the owner’s land for a minimum period of ten years. At least one hundred eighty days prior to the cancellation, the department of finance shall notify the owner by mail of such cancellation. The owner of a dedicated property must renew the dedication on or before September 1 of the tenth year of the original dedication or any subsequent renewal period in order to continue the dedication for the next ten years. 19-59 § 19-80 H AWAI‘I C OUNTY C ODE (d) Failure of the owner to observe the restrictions on the use, improvement, and maintenance of the land shall cancel the special tax exemption privilege retroactive to the date of the original dedication, or to the latest renewal date whichever is later, and all differences in the amount of taxes that were paid and those that would have been due from the assessment of the tax exempted portion of the land shall be payable together with penalty of ten percent from the respective dates that these payments would have been due. Failure to observe the restrictions on the use means failure for a period of over twelve consecutive months to use, improve, and maintain the land in the manner requested in the petition or any overt act changing the use for any period. Nothing in this paragraph shall preclude the County from pursuing any other remedy to enforce the covenant on the use of the land. (e) The director shall prescribe the form of the petition. The petition shall be filed with the director by September 1 of any calendar year and shall be approved or disapproved by December 15 of such year. If approved, the dedication shall be effective July 1 of the following tax year. (f)The owner may appeal any disapproved petition as in the case of an appeal from an assessment. (g) The director shall make and adopt necessary rules and regulations including such rules and regulations governing minimum areas which may be dedicated for the improvement and maintenance of such areas. (h) “Landscaping” means lands which are improved by landscape architecture, cultivated plantings, or gardening. “Open spaces” means lands which are open to the public for pedestrian use and momentary repose, relaxation, and contemplation. “Public recreation” refers to lands which may be used by the public as parks, playgrounds, historical sites, campgrounds, wildlife refuge, scenic sites, and other similar uses. “Owner” includes lessees of real property whose lease term extends at least ten years from the effective date of the dedication. (1983 CC, c 19, art 10, sec 19-80; am 1997, ord 97-84, sec 1.)19-80 Section 19-81. \[Former\] Repealed. (1983 CC, c 19, art 10, sec 19-81; rep 1997, ord 97-84, sec 1.) Section 19-81. Water tanks. Any provision to the contrary notwithstanding, any tank or other storage receptacle required by any government agency to be constructed or installed on any taxable real property before water for home and farm use is supplied, and any other water tank, owned and used by a real property taxpayer for storing water solely for said taxpayer’s own domestic use, shall be exempted in determining and assessing the value of such taxable real property. (2005, ord 05-165, sec 3.)19-81 19-60 R EAL P ROPERTY T AXES § 19-82 Section 19-82. Alternate energy improvements, exemption. (a) The value of all improvements in the County (not including a building or its structural components, except where alternate energy improvements are incorporated into the building, and then only that part of the building necessary to such improvement) actually used for an alternate energy improvement shall be exempted from the measure of the taxes imposed by this article. (b) As used in this section “alternate energy improvement” means any construction or addition, alteration, modification, improvement, or repair work undertaken upon or made to any building which results in: (1) The production of energy from a source, or uses a process which does not use fossil fuels, nuclear fuels, or geothermal source. Such energy source may include, but shall not be limited to, solid wastes, wind, solar, or ocean waves, tides, or currents. (2) An increased level of efficiency in the utilization of energy produced by fossil fuels or in the utilization of secondary forms of energy dependent upon fossil fuels for its generation. (c) Alternate energy production or energy by-products transferred, marketed, or sold on a commercial basis shall not qualify for exemption under the provisions of this section. Provided further, that alternate energy improvements used primarily for personal consumption and producing excess energy incidental to personal consumption may transfer, market, or sell such excess energy produced and continue to qualify for the exemption as provided for by the provisions of this section; however, the transfer, marketing, or sale shall be limited to less than twenty-five percent of the total energy output produced by such improvements. Nuclear fission and geothermal energy sources shall be excluded from the provisions of this section. (d) Application for the exemption provided by this section shall be made with the director of finance on or before December 31, preceding the tax year for which the exemption is claimed, except that no claim need be filed for the exemption of solar water collections, heaters, heat pumps and similar devices. The director of finance may require the taxpayer to furnish reasonable information in order that the director may ascertain the validity of the claim for exemption made under this section and may adopt rules and regulations to implement this section. (1983 CC, c 19, art 10, sec 19-82; am 1983, ord 83-57, sec 2; am 1997, ord 97-84, sec 1.) 19-82 Section 19-83. Repealed. (1983 CC, c 19, art 10, sec 19-83; rep 1997, ord 97-84, sec 1.)19-83 Section 19-84. Public property, etc. The following real property shall be exempt from taxation: (1) Real property belonging to the United States, to the State, or to the County; provided, that real property belonging to the United States shall be taxed upon the use or occupancy thereof as provided in section 19-85, and there shall be a tax upon the property itself if and when the Congress of the United States so 19-61 § 19-84 H AWAI‘I C OUNTY C ODE permits, to the extent so permitted and in accordance with any conditions or provisions prescribed in such act of Congress; provided, further, that real property belonging to the State or the County, or belonging to the United States and in the possession, use, and control of the State, shall be taxed on the fee simple value thereof, and private persons shall pay the taxes thereon and shall be deemed the “owners” thereof for the purposes of this chapter, in the following cases: (A) Property held on January 1 preceding the tax year under an agreement for its conveyance by the government to private persons shall be deemed fully taxable, the same as if the conveyance had been made; (B) Property held on January 1 preceding the tax year under a government lease shall be entered in the assessment lists and such tax rolls for that year as fully taxable for the entire tax year, but adjustments of the taxes so assessed may be made as provided for by this chapter so that such tenants are required to pay only so much of the taxes as is proportionate to the portion of the tax year during which the real property is held or controlled by them; (C) Property held under a government lease commencing, after January 1 preceding the tax year or under an agreement for its conveyance or a conveyance by the government, made after January 1 preceding the tax year, shall be assessed as omitted property as provided for by this chapter, but the taxes thereon shall be prorated so as to require the payment of only so much of the taxes as is proportionate to the remainder of the tax year; (D) Property where the occupancy by the tenant for commercial purposes has continued for a period of one year or more, whether the occupancy has been on a permit, license, month-to-month tenancy, or otherwise, shall be fully taxable to the tenant after the first year of occupancy, and the property shall be assessed in the manner provided in subparagraphs (B) and (C) of this paragraph for the assessment of properties held under a government lease; provided that the property occupied by the tenant solely for residential purposes on a month-to-month tenancy shall be excluded from this paragraph; (E) In any case of occupancy of a building or structure by two or more tenants, or by the government and a tenant, under a lease for a term of one year or more, the tax shall be assessed to the tenant upon so much of the value of the entire real property as the floor space occupied by the tenant proportionately bears to the total floor space of the structure or building; For the purposes of subdivisions (B) and (C) of this subsection: “Lease” means any lease for a term of one year or more or which is renewable for such period as to constitute a total term of one year or more. A lease having a stated term shall, if it otherwise comes within the meaning of the term “lease,” be deemed a lease notwithstanding any right of revocation, cancellation, or 19-62 R EAL P ROPERTY T AXES § 19-84 termination reserved therein or provided for thereby. Whenever a lease is such that the highest and best use cannot be made of the property by the lessee, the measure of the tax imposed on such property pursuant to subdivisions (B) and (C) shall be its fee simple value upon consideration of the highest and best use which can be made of the property by the lessee. Provided, further, that real property belonging to the United States, even though not in the possession, use, and control of the State, shall be taxed on the fee simple value thereof, and private persons shall pay the taxes thereon and shall be deemed the “owners” thereof for the purposes of this chapter, in the following cases: (i) Property held on January 1 preceding the tax year under an agreement for the conveyance of the same by the government to private persons shall be deemed fully taxable, the same as if the conveyance had been made, but the assessment thereof shall not impair and shall be so made as to not impair, any right, title, lien, or interest of the United States. (ii) Property held under an agreement for the conveyance of the same or a conveyance of the same by the government, made after January 1 preceding the tax year, shall be assessed as omitted property as provided by this chapter, but the taxes thereon shall be prorated so as to require the payment of only so much of such taxes as is proportionate to the remainder of the tax year, and in the case of property held under an agreement for the conveyance of the same but not yet conveyed, the assessment thereof shall not impair, and shall be so made as to not impair, any right, title, lien, or interest of the United States. (2) Real property under lease to the State or the County under which lease the lessee is required to pay the taxes upon such property; (3) Subject to section 101-39(B), Hawai‘i Revised Statutes, any real property in the possession of the State or County which is the subject of eminent domain proceedings commenced for the acquisition of the fee simple estate in such land by the State or County; provided the fact of such possession has been certified to the director as provided by section 101-36 or 101-38, Hawai‘i Revised Statutes, or is certified not later than December 31 preceding the tax year for which such exemption is claimed; (4) Real property with respect to which the owner has granted to the State or County a right-of-entry and upon which the State or County has entered and taken possession under the authority of the right-of-entry with intention to acquire the fee simple estate therein and to devote the real property to public use; provided the State or County shall have, prior to December 31 preceding the tax year for which the exemption is claimed, certified to the director the date upon which it took possession; 19-63 § 19-84 H AWAI‘I C OUNTY C ODE (5) Any portion of real property within the area upon which construction of buildings is restricted or prohibited and which is actually rendered useless and of no value to the owners thereof by virtue of any ordinance establishing setback lines thereon; provided, that in order to secure the exemption the person claiming it shall annually file between December 15 and December 31 preceding the applicable tax year a sworn written statement with the director describing the real property in detail and setting forth the facts upon which exemption is claimed, together with a written agreement that in consideration of the exemption from taxes the owner will not make use of the land in any way whatsoever during the ensuing year. Any person who has secured such exemption who violates the terms of the agreement shall be fined twice the amount of the tax which would be assessed upon the land but for such exemption; (6) Real property exempted by any laws of the United States which exemption is not subject to repeal by the council; and (7) Any other real property exempt by law. (1983 CC, c 19, art 10, sec 19-84; am 1997, ord 97-84, sec 1.)19-84 Section 19-85. Lessees of exempt real property. (a) When any public real property which for any reason is exempt from taxation is leased to and used or occupied by a private person in connection with any business conducted for profit, such use or occupancy shall be assessed and taxed in the same amount and to the same extent as though the lessee were the owner of the property and as provided in subsection (b), provided, that: (1) The foregoing shall not apply to the following: (A) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed; or (B) Any property or portion thereof taxed under any other provision of this chapter to the extent and for the period so taxed. (2) The term “lease” shall mean any lease for a term of one year or more, or which is renewable for such period as to constitute a total term of one year or more. A lease having a stated term shall, if it otherwise comes within the meaning of the term “lease,” be deemed a lease notwithstanding any right of revocation, cancellation, or termination reserved therein or provided for thereby. (3) The assessment of the use or occupancy shall be made in accordance with the highest and best use permitted under the terms and conditions of the lease. (a) The tax shall be assessed to and collected from such lessee as nearly as possible in the same manner and time as the tax assessed to owners of real property, except that the tax shall not become a lien against the property. In case the use or occupancy is in effect on January 1 preceding the tax year, the lessee shall be assessed for the entire year but adjustments of the tax so assessed shall be made in the event of the termination of the use or occupancy during the year so that the lessee is required to pay only so much of the tax as is proportionate to the portion of 19-64 R EAL P ROPERTY T AXES § 19-85 the tax year during which the use or occupancy is in effect, and the director is hereby authorized to remit the tax due for the balance of the tax year. In case the use or occupancy commences after January 1 preceding the tax year, the lessee shall be assessed for only so much of the tax as is proportionate to the period that the use or occupancy bears to the tax year. The assessment of the use or occupancy of real property made under this section shall not be included in the aggregate value of taxable realty for the purposes of section 19-90 but the council, at the time that it is furnished with information as to the value of taxable real property, shall also be furnished with information as to the assessments made under this section, similarly determined but separately stated. If a use or occupancy is in effect on January 1 preceding the tax year, the assessment shall be made and listed for that year and the notice of assessment shall be given to the taxpayer in the manner and at the time prescribed by this chapter, and when so given, the taxpayer, if deemed aggrieved, may appeal as provided for by this chapter; if a use or occupancy commences after January 1 preceding the tax year or if for any reason an assessment is omitted for any tax year, the assessment shall be made and listed and notice thereof shall be given in the manner and at the time prescribed by this chapter, and an appeal from an assessment so made may be taken as provided by this chapter. (1983 CC, c 19, art 10, sec 19-85; am 1997, ord 97-84, sec 1.)19-85 Section 19-86. Property of the United States leased under the National Housing Act. Real property belonging to the United States leased pursuant to title VIII of the National Housing Act, as amended or supplemented from time to time: (1) Shall not be taxed under this chapter upon the lessee’s interest or any other interest therein, except as provided in paragraph (2). (2) Shall be taxed under this chapter to the extent of and measured by the value of the lessee’s interest in any portion of the real property (including land and appurtenances thereof and the buildings and other improvements erected on or affixed on the same) used for, or in connection with, or consisting in, shops, restaurants, cleaning establishments, taxi stands, insurance offices, or other business or commercial facilities. The tax shall be assessed to and collected from the lessee. The assessment of such property shall not impair, and shall be so made as to not impair, any right, title, lien, or interest of the United States. (1983 CC, c 19, art 10, sec 19-86; am 1997, ord 97-84, sec 1.)19-86 Section 19-87. Exemption for low and moderate-income housing. (a) For the purposes of this section, “nonprofit or limited distribution mortgagor” means a mortgagor who qualifies for and obtains mortgage insurance under sections 202, 221(d)(3), or 236 of the National Housing Act as a nonprofit or limited distribution mortgagor. 19-65 § 19-87 H AWAI‘I C OUNTY C ODE (b) Real property used for a housing project which is owned and operated by a nonprofit or limited distribution mortgagor or which is owned and operated by a person, corporation or association regulated by Federal or State laws or by a political subdivision of the State or agency thereof as to rents, charges, profits, dividends, development costs and methods of operation, shall be exempt except for the minimum tax from property taxes. (c) Exemptions claimed under section 53-38, Hawai‘i Revised Statutes, shall disqualify the same property from receiving an exemption under this section. (d) The director of finance shall promulgate rules and regulations necessary to administer this section. (1983 CC, c 19, art 10, sec 19-87; am 1997, ord 97-84, sec 1.)19-87 Section 19-88. Claim for exemption. (a) Notwithstanding any provision in this chapter to the contrary, any real property exempt from property taxes under section 19-87 shall be exempt except for the minimum tax from property taxes from the date the property is qualified for the exemption; provided that a claim for exemption is filed with the director within sixty days of the qualification. As used herein, the date of the qualification shall be the date when the mortgage made by a nonprofit or limited distribution mortgagor and insured under sections 202, 221(d)(3) or 236 of the National Housing Act is filed for recording with the registrar of the bureau of conveyances or the assistant registrar of the land court of the State, whichever is applicable. (b) After the initial year of the qualification, the claim for exemption shall be filed in the manner provided by applicable law or rule or regulation. (c) In the event property taxes have been paid to the County in advance for real property subsequently becoming qualified for the exemption, the director of finance shall refund to the nonprofit or limited distribution mortgagor owning the property that portion of the taxes attributable to and paid for the period after the qualification. (1983 CC, c 19, art 10, sec 19-88; am 1997, ord 97-84, sec 1.)19-88 Section 19-89. Exemptions for certain Hawaiian Homes property, and other agencies. Exemptions from real property taxes as set forth in chapter 53, chapter 183, and chapter 234,* Hawai‘i Revised Statutes, and in section 208 of the Hawaiian Homes Commission Act, and which were enacted prior to November 7, 1978, shall remain in effect and be recognized by this County in its administration of the real property tax system, provided, that all references to the director of taxation or the department of taxation shall now be deemed to refer to the designated representative of the mayor who shall also be subject to approval by the council. If State legislation is enacted allowing a public utility under section 239-5(a), Hawai‘i Revised Statutes, to pay a tax to the County of at least 1.885% upon the gross income of the public utility’s business within the County, effective July 1, 2001, then notwithstanding any provision to the 19-66 R EAL P ROPERTY T AXES § 19-89 contrary, the County exemption from real property taxes for a public utility under chapter 239, Hawai‘i Revised Statutes, as codified on August 1, 2000, shall be reinstated. If reinstated, this exemption shall be construed and applied in conjunction with section 239-3,** Hawai‘i Revised Statutes, as section 239-3, Hawai‘i Revised Statutes, was codified on August 1, 2000; provided that the exemption shall be limited to real property used by the public utility in its public utility business. As used within this section, “public utility” has the meaning ascribed to it in section 269-1, Hawai‘i Revised Statutes, except airlines, motor carriers, common carriers by water, and contract carriers subject to taxation under section 239-6, Hawai‘i Revised Statutes. The County will accept such revenues in lieu of directly collecting real property taxes from those public utilities previously exempt from real property taxation under chapter 239. The County director of finance shall deposit all funds received in connection with said claim into the general fund. Hawaiian home lands, as defined in section 201, Hawaiian Homes Commission Act, 1920, as amended, real property, exclusive of buildings, leased and used as a homestead (houselots, farm lots, and pastoral lots), pursuant to section 207(a) and subject to the conditions of sections 208 and 216 of the Hawaiian Homes Commission Act, 1920, shall be exempt from real property taxes, except for the minimum tax, and as provided for by this section. Disposition of Hawaiian home lands for other than homestead purposes is deemed fully taxable and will not qualify for the exemption granted by this section. The respective homestead lessee of Hawaiian home lands shall continue to qualify and receive other personal exemptions, provided that claims for the exemptions are timely filed, including the seven-year limitation on the exemption afforded by section 208 of the Hawaiian Homes Commission Act, 1920. (1983 CC, c 19, art 10, sec 19-89; am 1992, ord 92-129, sec 1; am 1997, ord 97-84, sec 1; am 1999, ord 99-159, sec 2; am 2001, ord 01-36, sec 1.)19-89 * Editor’s Note: Chapter 234, Hawai‘i Revised Statutes, was repealed. ** Editor’s Note: Section 239-3, Hawai‘i Revised Statutes, was repealed. Section 19-89.1.Historic residential real property dedicated for preservation; exemption. (a) Portions of residential real property which are dedicated and approved by the director of finance as provided for by this section, shall be exempt except for the minimum tax from real property taxation. The owners shall assure reasonable visual access to the public. (b) An owner of taxable real property that is the site of a historic residential property that has been placed on the Hawai‘i Register of Historic Places after January 1, 1977, desiring to dedicate a portion or portions thereof for historic preservation, shall petition the director of finance. (c) The director of finance shall approve the petition and determine what portion or portions of the real property shall be exempt except for the minimum tax from real 19-67 § 19-89.1 H AWAI‘I C OUNTY C ODE property taxes. The director shall consult with the State Historic Preservation Office in making this determination. The director may take into consideration whether the current level of taxation is a material factor which threatens the continued existence of the historic property, and may determine the total area or areas of the real property that shall be exempted. (d) The approval of the petition of the director shall constitute a forfeiture on the part of the owner of any right to change the use of the owner’s property for a minimum period of ten years. The owner of a dedicated property must renew the dedication on or before September 1 of the tenth year of the original dedication or any subsequent renewal period in order to continue the dedication for the next ten years. (e) Failure of the owner to observe the restrictions of subsection (d) shall cancel the tax exemption and privilege retroactive to the date of the dedication, and all differences in the amount of taxes that were paid and those that would have been due but for the exemption allowed by this section shall be payable together with penalty at ten percent from the respective dates that these payments would have been due, provided the provision in this paragraph shall preclude the County from pursuing any other remedy to enforce the covenant on the use of the land. (f) Any person who becomes an owner of real property that is permitted an exemption under this section shall be subject to the restrictions and duties imposed under this section. (g) The director shall prescribe the form of the petition. The petition shall be filed with the director by September 1 of any calendar year and shall be approved or disapproved by December 15 of such year. If approved, the dedication shall be effective July 1 of the following tax year. (h) An owner applicant may appeal any determination as in the case of an appeal from an assessment. (i) Subject to chapter 91, Hawai‘i Revised Statutes, the director shall adopt rules and regulations decreed necessary to accomplish the foregoing. (1983 CC, c 19, art 10, sec 19-89.1; am 1997, ord 97-84, sec 1.)19-89.1 Section 19-89.2. Credit union exemption. (a) Real property owned in fee simple or leased for a period of one year or more by a Federal or State credit union which is actually and exclusively used for credit union purposes shall be exempt except for the minimum tax from real property taxes. If the property for which exemption is claimed is leased, the lease agreement shall be in force and recorded in the bureau of conveyances at the time the exemption is claimed. As used in this section, “Federal credit union” means a credit union organized under the Federal Credit Union Act of 1934, 12 U.S.C. chapter 14, as amended, and “State credit union” means a credit union organized under the Hawai‘i Credit Act, chapter 412, Hawai‘i Revised Statutes, as amended. 19-68 R EAL P ROPERTY T AXES § 19-89.2 (b) If any portion of the property which might otherwise be exempted under this section is used for commercial or other purposes not within the conditions necessary for exemption (including any use the primary purpose of which is to produce income even though such income is to be used for or in furtherance of the exempt purposes) that portion of the premises shall not be exempt but the remaining portion of the premises shall not be deprived of the exemption if the remaining portion is used exclusively for purposes within the conditions necessary for exemption. In the event of an exemption of a portion of a building, the tax shall be assessed upon so much of the value of the building (including the land thereunder and the appurtenant premises) as the proportion of the floor space of the nonexempt portion bears to the total floor space of the building. (1987, ord 87-116, sec 4; am 1997, ord 97-84, sec 1.)19-89.2 Section 19-89.3. Exemptions for enterprise zones. Buildings or other like structures which are built as a result of new construction by a qualified business within an enterprise zone shall be exempt except for the minimum tax from real property taxes for a period of three years. A qualified business in an enterprise zone must satisfy the requirements of chapter 31 of this code and section 209E, Hawai‘i Revised Statutes, as amended. (1995, ord 95-14, sec 2; am 1997, ord 97-84, sec 1.)19-89.3 Section 19-89.4. Hawai‘i Island housing trust exemption. There shall be exempt, except for the minimum tax from real property taxes, those properties held by the Hawai‘i Island housing trust and its nonprofit special purpose entities, until such time as the properties are leased to individual homeowners. (2006, ord 06-111, sec 2.)19-58.4 Section 19-89.5. Kuleana land exemption.* (a) For the purposes of this section, “kuleana land” means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled “An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges,” as amended by L. 1851, p.98, entitled “An Act to Amend an Act Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges” and as further amended by subsequent legislation. (b) Those portions of real property in residential use, agricultural use or vacant land and designated as kuleana land, shall pay the minimum real property tax set forth in subsection 19-90(e) as long as the real property is owned in whole or in part by: (1) A lineal descendant of the person(s) that received the original title to the kuleana land; or SUPP. 14 (7-2023) 19-69 § 19-89.5 H AWAI‘I C OUNTY C ODE (2) An applicant who seeks the kuleana land exemption who is a family member of the person(s) who received the original title to the kuleana land where such original title holder was previously granted a kuleana exemption for the subject property. Residential use shall not include vacation rental use. (c) The initial and subsequent applications for this exemption shall be filed with the director on forms prescribed by the director. The application shall include documents verifying ownership of the portion of the parcel and that the condition set forth in subsection (b) has been satisfied. Verification of the condition set forth in subsection (b) shall be satisfied by: (1) Genealogy verification by the Office of Hawaiian Affairs; (2) By court order stating that the applicant is a lineal descendant of the person(s) that received the original title to the kuleana land; or (3) Documentation demonstrating that the applicant is a family member of the person(s) who received the original title to the kuleana land where such original title holder was previously granted a kuleana exemption for the subject property pursuant to this section. The applicant/landowner shall be responsible for all costs. (d) As used in this section, “family member” means a person who is related by blood or legal adoption to a person who previously received a kuleana exemption for the subject property, and is: a child; descendant of a child; sibling; or a descendant of a sibling. Someone who is considered to be hanai or a corporation, limited liability company, partnership, or other business entities shall not be considered “family member,” for purposes of this section. (2008, ord 08-11, sec 2; am 2009, ord 09-27, sec 4; am 2013, ord 13-78, sec 2; am 2022, ord 22-91, sec 2.) 19-89.5 * Editor’s Note: Section 19-89.5 shall apply to the tax year beginning July 1, 2009 and the tax years thereafter. Article 11. Determination of Rates. Section 19-90. Real property tax; determination of rates. (a) Unless a different meaning is clearly indicated by the context, as used in this section: (1) “Net taxable lands” means all other real property exclusive of buildings. (2) “Net taxable real property” or “net taxable buildings” or “net taxable lands” means, as indicated by the context, the percentage of the market value of property determined under section 19-46 which the director of finance certifies as the tax base as provided by this chapter, less exemptions as provided by this chapter and, in all cases where appeals from the director’s assessment are then unsettled, less fifty percent of the value in dispute. SUPP. 14 (7-2023) 19-70 R EAL P ROPERTY T AXES § 19-90 (b) The council may increase or decrease the tax rate for buildings and for all other real property, exclusive of buildings for net taxable land and net taxable buildings of each class of property established in accordance with section 19-53(e) of this chapter. A resolution setting the tax rates shall be adopted on or before June 20 preceding the tax year for which property tax revenues are to be raised according to the following procedures: (1) The council shall advertise its intention to increase or decrease tax rates and the date, time, and place of a public hearing in two newspapers of general circulation. The public hearing notice shall set forth the tax rates or range of tax rates to be considered by the council. (2) The resolution to set the real property tax rates shall disclose the approximate amount of revenue to be raised for net taxable lands and net taxable buildings within each class of property, the approximate percentage of revenue from net taxable lands and net taxable buildings within each class of property, and shall set the real property tax rate to be assessed, expressed in terms of tax per $1,000 of net taxable lands and net taxable buildings within each class of property computed to the nearest cent. (3) After the adoption of the resolution setting the real property tax rates, the council shall publish the adopted tax rates in two newspapers of general circulation. (4) If no action is taken by the council to increase or decrease the tax rates, then the tax rates as previously set shall be applicable to the subsequent tax year. (c) If the tax rates for the tax year are increased or decreased the council shall notify the director of finance of the increased or decreased rates, and the director shall employ such rates in the levying of property taxes as provided by this chapter. (d) The director of finance shall on or before May 1 preceding the tax year furnish the council with a calculation certified by the director as being as nearly accurate as may be, of the net taxable real property within the County, separately stated for each class established in accordance with section 19-53(e) of this chapter for net taxable lands and for net taxable buildings plus such additional data relating to the property tax base as may be necessary. (e) Notwithstanding any provision to the contrary, there shall be levied upon each individual parcel of real property taxable under this chapter, a minimum real property tax of $200 per year, except under the following conditions: (1) If the property owner receives a home exemption or totally disabled veteran exemption resulting in the minimum tax, and the assessed value of improvements is less than or equal to $75,000, then, the minimum tax for this property shall be as follows: (i) Property with improvements assessed at $50,001 to $75,000 the minimum tax shall be $150. (ii) Property with improvements assessed at $25,001 to $50,000 the minimum tax shall be $100. (iii) Property with improvements assessed up to $25,000 the minimum tax shall be $50. SUPP. 14 (7-2023) 19-71 § 19-90 H AWAI‘I C OUNTY C ODE (2) If the property is assessed at a market value of less than or equal to $500, no tax shall be applied. (f) Residential tax rate tiers. (1) Notwithstanding any provision to the contrary, the council shall establish a separate tax rate each for the residential tier one property and residential tier two property, as defined below. The tax rates shall be applied as follows: (A) The tax rate established for the residential tier one property shall be applied to the net taxable real property value under $2,000,000. (B) The tax rate established for the residential tier two property shall be applied to the net taxable real property value of $2,000,000 or more. (2) For the purposes of this section, “residential tier one property” shall mean all property, or portions thereof, other than a residential tier two property, within the residential class. “Residential tier two property” shall mean a property, or portion thereof, which: (A) Is improved with one or more dwelling units, has a net taxable real property value of $2,000,000 or more, does not have a home exemption, and is classified as residential in consideration of the highest and best use of the land; (B) Is vacant land that has a net taxable real property value of $2,000,000 or more, and is classified as residential in consideration of the highest and best use of the land; or (C) Is a condominium property regime that has a net taxable real property value of $2,000,000 or more, does not have a home exemption, and is classified as residential in consideration of the highest and best use of the land. (3) The respective tax rate to be applied to any property within the residential class shall be applied only to the portion used exclusively as residential, provided the highest and best use of the land is residential. (4) No less than seventy-five percent of the revenue collected annually pursuant to this subsection, calculated as the difference in revenue from the residential tier one property tax rate to the residential tier two property tax rate, shall be appropriated each fiscal year to County-sponsored programs designed to address housing and homelessness. This requirement shall not extend beyond June 30, 2027, unless otherwise amended by ordinance. (1983 CC, c 19, art 11, sec 19-90; am 1990, ord 90-138, sec 6; am 1997, ord 97-84, sec 1; am 2002, ord 02-01, sec 2; ord 02-102, sec 2; am 2009, ord 09-27, sec 2; am 2017, ord 17-41, sec 2; am 2020, ord 20-39, sec 2; am 2022, ord 22-26, sec 1.)19-90 SUPP. 14 (7-2023) 19-71.1 R EAL P ROPERTY T AXES § 19-91 Article 12. Appeals. Section 19-91. Appeals. Any taxpayer, aggrieved by an assessment made by the director or by the director’s refusal to allow any exemption, may appeal from the assessment or from such refusal to the board of review or the tax appeal court pursuant to section 232-16, Hawai‘i Revised Statutes, on or before April 9 preceding the tax year, as provided in this chapter. Where such an appeal is based upon the ground that the assessed value of the real property for tax purposes is excessive, the valuation claimed by the taxpayer in the appeal shall be admissible in evidence, in any subsequent condemnation action involving the property, as an admission that the market value of the real property as of the date of assessment is no more than the value arrived at when the assessed value from which the taxpayer appealed is adjusted to one hundred percent market value; provided, that such evidence shall not in any way affect the right of the taxpayer to any severance damages to which the taxpayer may be entitled. (1983 CC, c 19, art 12, sec 19-91; am 1997, ord 97-84, sec 1; am 2000, ord 00-28, sec 1.) 19-91 SUPP. 14 (7-2023) 19-71.2 § 19-92 H AWAI‘I C OUNTY C ODE Section 19-92. Appeals by persons under contractual obligations. Whenever any person is under a contractual obligation to pay a tax assessed against another, the person shall have the same rights of appeal to the board of review and the tax appeal court and the supreme court, in the person’s own name, as if the tax were assessed against said person. The person against whom the tax is assessed shall also have a right to appeal and be heard on any such application or appeal. (1983 CC, c 19, art 12, sec 19-92; am 1997, ord 97-84, sec 1.)19-92 Section 19-93. Grounds of appeal, real property taxes. In the case of a real property tax appeal, no taxpayer shall be deemed aggrieved by an assessment, nor shall an assessment be lowered or an exemption allowed, unless there is shown (1) assessment of the property exceeds by more than twenty percent the assessment of market value used by the director, or (2) lack of uniformity or inequality, brought about by illegality of the methods used or error in the application of the methods to the property involved, or (3) denial of an exemption to which the taxpayer is entitled and for which the taxpayer has qualified, or (4) illegality, on any ground arising under the Constitution or laws of the United States or the laws of the State or the ordinances of the County in addition to the ground of illegality of the methods used, mentioned in clause (2). (1983 CC, c 19, art 12, sec 19-93; am 1997, ord 97-84, sec 1.) 19-93 Section 19-94. Second appeal. In every case in which a taxpayer appeals a real property tax assessment to the board of review or to a tax appeal court and there is pending an appeal of the assessment, the taxpayer shall not be required to file a notice of the second appeal; provided the first appeal has not been decided prior to April 9 preceding the tax year of the second appeal; and provided further the director gives notice that the tax assessment has not been changed from the assessment which is the subject of the appeal. (1983 CC, c 19, art 12, sec 19-94; am 1997, ord 97-84, sec 1.)19-94 Section 19-95. Small claims. Any protesting taxpayer who would incur a total tax liability, not including penalties and interest, of less than $1,000 by reason of the protested assessment on payment in question, may elect to employ the small claims procedures of the tax appeal court as set out in section 232-5, Hawai‘i Revised Statutes. (1983 CC, c 19, art 12, sec 19-95; am 1997, ord 97-84, sec 1.)19-95 Section 19-96. Appointment, removal, compensation. There is created a board of review for the County which shall consist of five members who shall be citizens of the State and residents of the County, shall have resided at the time of appointment for at least three years in the State, and shall be appointed by the mayor and confirmed by the council as provided by Charter. A chairman shall be elected annually by members of the board. The vice-chairman shall 19-72 R EAL P ROPERTY T AXES § 19-96 serve as the chairman of the board during the temporary absence or disqualification of the chairman. Any vacancy in the board shall be filled for the unexpired term as provided for in the Charter. Each member may be compensated in the same manner as board and commission members covered under section 13-4(g), Hawai‘i County Charter, for each day’s actual attendance and actual traveling expenses. No officer or employee of the County shall be eligible for appointment to any such board. (1983 CC, c 19, art 12, sec 19-96; am 1997, ord 97-84, sec 1.)19-96 Section 19-97. Board of review; duties, powers, procedure before. (a) The board of review for the County shall hear all disputes between the director and any taxpayer in all cases in which appeals have been duly taken and the fact that a notice of appeal has been duly filed by a taxpayer shall be conclusive evidence of the existence of a dispute; provided that this provision shall not be construed to permit a taxpayer to dispute an assessment to the extent that it is in accordance with the taxpayer’s return unless the taxpayer shows lack of uniformity or inequality as set forth in section 19-93. The chairperson shall dismiss those appeals which have not been timely filed or whose fee pursuant to section 19-100 has not been paid. (b) A second or more boards of review may be created when in the opinion of the director, the volume of the work of the existing board (or boards) creates undue delay in the completion of the board’s work or undue hardship upon the members of the existing board (or boards). The provisions of this chapter shall be fully applicable to each board and each board shall function independently from every other board of review created under this chapter. The boards of review may provide rules and regulations for the segregation of the real property tax appeals to be heard by each of the boards. (c) The board shall hold public meetings at some central location in the County commencing not later than April 9 of each year and shall hear, as speedily as possible, all appeals presented for each year. The board shall have the power and authority to decide all questions of fact and all questions of law, excepting questions involving the Constitution or laws of the United States, necessary to the determination of the objections raised by the taxpayer or the County in the notice of appeal; provided, that the board shall not have power to determine or declare an assessment illegal or void. Without prejudice to the generality of the foregoing, each board shall have power to allow or disallow exemptions pursuant to law whether or not previously allowed or disallowed by the director and to increase or lower any assessment. (d) The board shall base its decision on the evidence before it, and, as provided in section 19-19, the assessment made by the director shall be deemed prima facie correct. Assessments for the same year upon other similar property situated in the County shall be received in evidence upon the hearing. In increasing or lowering any real property assessment, the board shall be governed by this chapter. The board shall file with the director its decision in writing on each appeal decided by it, 19-73 § 19-97 H AWAI‘I C OUNTY C ODE and a certified copy thereof shall be furnished by the director forthwith to the taxpayer concerned by delivery thereof to the taxpayer or by mailing the copy addressed to the taxpayer’s last known place of residence or business. (e) Upon completion of its review of the property tax appeals for the current year, the board shall compile and submit to the mayor and the council, and shall file with the director for the use of the public, a copy of a report covering such features of its work as, in the opinion of the board, will be useful in attaining the objectives set forth in this chapter. In this report the board shall additionally note instances in which, in the opinion of the board, the director, in the application of the methods selected by the director, erred as to a particular property or particular properties not brought before the board by any appeal, whether the error is deemed to have been by way of underassessment or overassessment. Before commencing this phase of its work the board shall publish, during the first week of September a notice specifying a period of at least ten days within which complaints may be filed by any taxpayer. Each complaint shall be in writing, shall identify the particular property involved, shall state the valuation claimed by the taxpayer and the grounds of objection to the assessment, and shall be filed with the director who shall transmit the same to the board. Not earlier than one week after the close of the period allowed for filing complaints, the board shall hold the hearing on the complaint submitted, after first giving reasonable notice of the hearing to all interested taxpayers and the director. Like notice and hearing shall be given in order for the board to include in its report any other property not brought before it by an appeal. The board may proceed by districts designated by their tax map designation, and may from time to time publish the notice above provided for as work proceeds by districts. (f) The director, in the making of assessments for the succeeding year, shall give due consideration to the report of the board made pursuant to subsection (e). (g) The board and each member thereof in addition to all other powers shall also have the power to subpoena witnesses, administer oaths, examine books and records, and hear and take evidence in relation to any subject pending before the board. It may request the tax appeal court, to order the attendance of witnesses and the giving of testimony by them, and the production of books, records and papers at the hearings of the board. (1983 CC, c 19, art 12, sec 19-97; am 1985, ord 85-102, sec 2; am 1997, ord 97-84, sec 1.) 19-97 Section 19-98. Tax appeal court. An appeal to the tax appeal court may be filed by a taxpayer or the director as provided in sections 232-8 to 232-14, Hawai‘i Revised Statutes, and sections 232-16 to 232-18, Hawai‘i Revised Statutes. Appeals to the State supreme court shall conform to sections 232-19 to 232-21, Hawai‘i Revised Statutes. (1983 CC, c 19, art 12, sec 19-98; am 1997, ord 97-84, sec 1.)19-98 19-74 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, ohana dwelling, 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. 15 (1-2024) 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.)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. 15 (1-2024) 19-77 This page intentionally left blank. 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. 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. 13 (1-2023) 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 §20-01-01 CHAPTER20 REFUSE (Rep 2020, ord 20-86, sec 10.) CHAPTER 20 INTEGRATED SOLID WASTE MANAGEMENT Article 1. General Provisions. Section 20-01-01. Title and purpose. (a) The provisions of this chapter, inclusive of any amendments, shall be known as the integrated solid waste management code. (b) Purpose. The purpose of this chapter is to protect the environment through the management and operation of all solid waste programs and facilities of the County. (2020, ord 20-86, sec 3.) 20-01-01 Section 20-01-02. 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. (2020, ord 20-86, sec 3.) 20-01-02 Section 20-01-03. Definitions. As used in this chapter: “Abandoned vehicle” means a vehicle that is unlawfully parked and left unattended for a continuous period of more than twenty-four hours on any public highway, public property, or private roads that are located within any ungated subdivision, where roads are open to and used by members of the public. “Business” means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, firms and corporations, or any other legal entity, and includes any independent contractors associated with the business. “Commission” means the environmental management commission of the County. “Compostable” means all materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a municipal or industrial composting facility. Compostable disposable food service ware includes ASTM-standard paper/fiber and bio-plastics (plastic-like) products that are clearly labeled either on individual food service ware or packaging for food service ware so that any compost collector and processor can easily distinguish the ASTM-standard compostable material from non-ASTM standard compostable material. Required certification of compostable food service ware shall be done by independent third-party organization Biodegradable Products Institute or similar ASTM recognized certifier. SUPP. 9 (1-2021) 20-1 § 20-01-03 H AWAI‘I C OUNTY C ODE “County facility” means any building, structure, or vehicle owned and operated by the County, its agents, agencies, and departments and includes County buildings, structures, parks, recreation facilities, or property. “County facility users” means all persons, societies, associations, organizations, or special event promoters who require a permit to reserve or rent a County facility or a permit or contract to use a sidewalk or roadway. County facility users also include concession contracts with the County, County managed concessions, County sponsored events and food services provided at County expense. “Customer” means a person obtaining prepared food from a food provider. “Department” means the department of environmental management. “Derelict vehicle” means the definition in chapter 290-8, Hawai‘i Revised Statutes. “Director” means the director of the department of environmental management, or the director’s authorized representative. “Disposable food service ware” means disposable food containers that are commonly disposed of after a single use, that are used, or are intended to be used, to serve or transport prepared, ready-to-consume food or beverages. This includes, but is not limited to, cups, bowls, plates, or clamshell containers that are provided by a food vendor for takeout foods and beverages and/or leftovers from partially consumed meals, and excludes straws, cup lids, utensils, food-related bags and wrappers, packaging for unprepared food, and pre-packaged or pre-sealed items such as bread, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or other items typically sold in a grocery store or a food manufacturer’s retail location. “Food packaging” means all food-related wrappings, bags, boxes, containers, bowls, plates, trays, cartons, cups, lids, or drinking utensils, in which food or beverage is placed or packaged on the food provider’s premises, and which are not intended for reuse. Food packaging does not include forks, spoons, knives, straws, stirrers, or single- service condiment packages. “Food providers” means any vendor, business, organization, nonprofit entity, group, or individual operating in the County which provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, caterer, catering truck or vehicle; and any organization, group or individual which provides food in conjunction with services. “Integrated solid waste management” (ISWM) means environmentally and economically sound, systematic approach to solid waste handling that combines source reduction, reuse, recycling, composting, energy recovery, collection, transfer, transport and disposal in sanitary landfills, or other solid waste disposal and processing facilities in order to conserve and recover resources and dispose of solid waste in a manner that protects human health and the environment. “Materials” means solid waste, recyclables, reusable materials, household hazardous waste, greenwaste, or similar items managed by SWD. SUPP. 9 (1-2021) 20-2 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. SUPP. 9 (1-2021) 20-3 § 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 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; SUPP. 9 (1-2021) 20-4 I NTEGRATED S OLID W ASTE M ANAGEMENT §20-02-22 (2) Name and address of the person noticed; (3) Section number of the code or rule which has been violated; (4) Date, time, location, and nature of the violation; (5) Deadline to correct the violation; (6) To pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in the order; (7) To pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner, time, place and deadline specified in the order; (8) Any other consequence as determined by the director, including but not limited to, suspension or revocation of a permit; and (9) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the party responsible may request a meeting with the director prior to the end of the thirty calendar days and that the director’s final written decision may be appealed to the commission within fifteen calendar days from the date of the director’s final written decision. (b) Service. Proper service of such notice of violation and order shall be by personal service, registered mail, or certified mail upon the responsible party or parties, provided, that if such notice of violation and order is by registered mail or certified mail, the designated period within which the responsible party or parties is required to comply with the order shall begin as of the date the responsible party or parties in charge receives such notice. (c) Effect of Order; Right to Appeal. The provisions of the order issued by the director under this section shall become final thirty calendar days after the date of the delivery of the order, unless appealed. The party or parties responsible for the violation may request a meeting with the director, prior to the end of the thirty calendar days. Any final written decision by the director may be appealed to the commission within fifteen days from the date of the final written decision. However, an appeal to the commission shall not stay any provision of the order. (d) Judicial Enforcement of Order. The director may institute a civil action in any court of competent jurisdiction for the enforcement of any notice of violation and order issued pursuant to this section, including seeking a temporary, preliminary, or permanent injunction. Where a civil action has been instituted to enforce the civil fine imposed by an order, the director need only show that the notice of violation and order was served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been appealed in a timely manner nor paid. (2020, ord 20-86, sec 3.) 20-02-22 SUPP. 9 (1-2021) 20-5 § 20-02-23 H AWAI‘I C OUNTY C ODE Section 20-02-23. Criminal Enforcement. Any person convicted of violating any of the provisions of this chapter shall be guilty of a petty misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment up to thirty days and shall be adjudged to pay all costs of the proceedings. The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. (2020, ord 20-86, sec 3.) 20-02-23 Article 3. Disposal Requirements. Section 20-03-01. Disposal of solid waste. Every owner or occupant of any residence or business or premises within the County shall dispose of solid waste in a County approved SWD facility in accordance with department rules. (2020, ord 20-86, sec 3.) 20-03-01 Section 20-03-02. Permit required for solid waste disposal. (a) Every business, government agency, religious entity or nonprofit organization shall first obtain a disposal permit issued by the director and make payment of the permit fee as required before disposing of solid waste at any SWD facility. (b) An application for a disposal permit shall be submitted to the director on a form furnished by the department. (c) The director may suspend or revoke a disposal permit, in accordance with department rules, for the following reasons: (1) Failure to pay any disposal charges or special handling fees when due. (2) Failure to comply with the provisions of this chapter. (3) Failure to comply with disposal procedures and/or conditions established by the department. (2020, ord 20-86, sec 3.) 20-03-02 Section 20-03-03. Repealed. (2020, ord 20-86, sec 3; rep 2022, ord 22-104, sec 1.) 20-03-03 SUPP. 13 (1-2023) 20-6 I NTEGRATED S OLID W ASTE M ANAGEMENT §20-03-04 Section 20-03-04. Salvage of solid waste restricted. Any material delivered or deposited at a SWD facility shall become the property of the County. No person shall separate, collect, carry off, or dispose any article from any County SWD facility unless authorized to do so by the director. (2020, ord 20-86, sec 3.) 20-03-04 Section 20-03-05. Unauthorized persons entering SWD facilities. Any unauthorized person entering into a SWD facility during nonworking hours or for purposes other than that permitted in this chapter shall be considered to be a trespasser and shall be subject to the penalties of this chapter. (2020, ord 20-86, sec 3.) 20-03-05 Article 4. Solid Waste Fees. Section 20-04-01. Disposal fees. (a) Any solid waste, except for prohibited materials, disposed of by a business, government agency, religious entity, nonprofit organization or private citizen to a SWD facility shall be charged at rates as set forth in department rules. (b) The mayor, with the approval of the council, may temporarily rescind the solid waste disposal fees for a specified period. (c) The mayor may waive solid waste disposal fees when it is in the best interest of the County. Fees may be waived for one-time events for community organizations, nonprofit organizations, or private property owners who are remediating illegal dump sites which were not of their creation. The mayor will give notice to the council when tip fees are waived. (2020, ord 20-86, sec 3.) 20-04-01 Section 20-04-02. Collection of fees. (a) All disposal fees shall be collected by the department and due at the time of disposal, unless a net thirty account has been established with the department. (b) A finance charge shall be charged to all net thirty accounts on all balances which are past due. In addition to this, access to County SWD facilities may be denied until the account is current. (2020, ord 20-86, sec 3.) 20-04-02 SUPP. 13 (1-2023) 20-7 § 20-04-03 H AWAI‘I C OUNTY C ODE Section 20-04-03. Solid waste fund designation. (a) There is hereby created and established a special fund to be known as the “Solid Waste Fund.” (b) All funds received from the collection of fees authorized by this chapter shall be deposited with the director of finance and shall be accounted for and expended for the purpose of operating, maintaining, and administering the County’s solid waste management, collection, and disposal systems. (2020, ord 20-86, sec 3.) 20-04-03 Section 20-04-04. Fee schedule. Fees for management of materials entering into a SWD facility and any State solid waste surcharge shall be established by the department pursuant to department rules. (2020, ord 20-86, sec 3.) 20-04-04 Article 5. Polystyrene Foam Food Container and Food Service Ware Reduction. Section 20-05-01. Prohibition. Food providers and County facility users are prohibited from providing food in disposable food service ware that is made from polystyrene foam. (2020, ord 20-86, sec 3.) 20-05-01 Section 20-05-02. Use of recyclable or compostable food service ware required. (a) All food vendors using any disposable food service ware shall use a suitable recyclable or compostable product. (b) All County facility users shall use a suitable recyclable or compostable product for disposable food service ware. (2020, ord 20-86, sec 3.) 20-05-02 Section 20-05-03. Exemptions. (a) The following are exempt from the provisions of this article: (1) Foods packaged outside the limits of the County of Hawai‘i; (2) Coolers and ice chests that are intended for reuse; and (3) Food packaging for raw: meat; poultry; seafood; and eggs that have not been further processed. (b) County facility users and food vendors. (1) The director may exempt a food vendor or County facility user from the provisions of this article, in a situation where compliance with the terms of this article would result in undue hardship. The exemption shall be in place for a period of time not to exceed one hundred eighty days. (2) Undue hardship includes, but is not limited to, situations unique to the food vendor or County facility user that generally do not apply to other persons in similar circumstances. SUPP. 9 (1-2021) 20-8 I NTEGRATED S OLID W ASTE M ANAGEMENT §20-05-03 (3) Food vendors and County facility users seeking an exemption from the requirements of this article shall provide all required information on an application for exemption, including but not limited to, documentation supporting the applicant’s claim that compliance with this article will result in undue hardship. (4) The director may approve or deny an exemption request in whole or in part. Applicants may appeal the director’s decision to the commission. (5) All exemptions shall be promptly posted on the County website for the department of environmental management as a notice of temporary exemption. (c) Emergency supplies or services procurement. The mayor may exempt County facility users and food vendors from the provisions of this article, in a situation deemed by the mayor to be an emergency that necessitates such exemption in order to preserve the public peace, health, and safety. The exemption shall be in place until the mayor determines that the emergency situation has ceased and the exemption is no longer needed to preserve the public peace, health, and safety. (2020, ord 20-86, sec 3.) 20-05-03 Article 6. Plastic Bag Reduction. Section 20-06-01. Purpose. The purpose of this article is to reduce the use of plastic bags and to encourage the use of environmentally preferable alternatives, such as reusable cloth or paper bags. (2020, ord 20-86, sec 3.) 20-06-01 Section 20-06-02. Plastic checkout bags prohibited. Businesses shall not provide plastic checkout bags to their customers. (2020, ord 20-86, sec 3.) 20-06-02 Section 20-06-03. Exemptions. Organizations classified under Section 501(c)(3) of the United States Internal Revenue Code are exempt from the provisions of this article. (2020, ord 20-86, sec 3.) 20-06-03 SUPP. 9 (1-2021) 20-9 § 20-07-01 H AWAI‘I C OUNTY C ODE Article 7. Disposal of Vehicles and Similar Materials. Division 1. Abandoned and Derelict Vehicles. Section 20-07-01. Disposition of abandoned or derelict vehicles. (a) No person shall leave, abandon, or place any wrecked or nonoperational automobile or construction equipment or part or portion of a wrecked or nonoperational automobile or construction equipment, or scrap iron, or other similar material, upon any part of a public highway, public property, or private property of another. (b) The department shall take into custody and dispose of abandoned or derelict vehicles in accordance with chapter 290, Hawai‘i Revised Statutes. (c) The removal of abandoned or derelict vehicles shall be subject to the following: (1) The department shall only remove abandoned or derelict vehicles that are located on or within ten feet from the edge of any public or private road; (2) The department shall not remove abandoned or derelict vehicles from any area if the director determines that the area is unsafe for a tow truck to traverse; (3) A notice shall be affixed to an abandoned or derelict vehicle stating that the vehicle must be moved beyond a radius of one mile from its location within twenty-four hours of the notice being affixed; (4) If an abandoned or derelict vehicle has not moved beyond a radius of one mile from its location within twenty-four hours of a notice being affixed, the vehicle will be classified as abandoned and subject to removal; and (5) All decisions to tow shall be subject to the discretion of the director. (d) The director shall develop and implement a public outreach program to educate residents, community associations, road corporations, tow companies, and the public about the disposition of abandoned or derelict vehicles including the procedures for reporting abandoned or derelict vehicles. (e) The department shall adopt rules regarding the disposition of abandoned or derelict vehicles, that are in accord with chapter 290, Hawai‘i Revised Statutes. (2022, ord 22-104, sec 2.) 20-07-01 Division 2. Vehicle Disposal Assistance. Section 20-07-21. Vehicle disposal assistance program. (a) The department shall establish a vehicle disposal assistance program to assist Hawai‘i County residents with disposal of vehicles. Assistance shall be contingent on the availability of funds within the County’s vehicle disposal fund, and at the discretion of the director. (b) Applications for assistance. To apply for disposal assistance, a property owner or registered vehicle owner shall apply to the department to have the department dispose of a vehicle from the property owner or registered vehicle owner’s property. (c) The property owner shall ensure that the vehicle is accessible for towing. (2022, ord 22-104, sec 2.) 20-07-21 SUPP. 13 (1-2023) 20-10 CHAPTER 21 SEWERS Article 1. General Provisions. Section 21-1. Intent of chapter. Section 21-2. Definitions. Section 21-3. Tampering with public sewers. Section 21-4. Sealing disconnected sewers. Article 2. Public Sewers. Section 21-5. Connection to sewer required. Section 21-6. Subdivisions. Section 21-7. Industrial wastes of unusual strength. Section 21-8. Drainage of storm water and unpolluted water into sewers. Section 21-9. Prohibited wastes. Section 21-10. Volume and rate of discharge; additional flow beyond capacity. Article 3. Sewage Works and Connections. Division 1. General Provisions. Section 21-11. Disposal of sewage into natural outlet; treatment and disposal plan required. Section 21-12. Pumping stations. Section 21-13. Sewer mains. Section 21-14. Laterals. Section 21-15. Construction standards. Division 2. Subdivisions. Section 21-16. Cost of construction. Section 21-17. Approval of plans required; time limit for beginning work. Section 21-18. Inspections during construction required; costs. Section 21-19. Acceptance of sewage works and treatment facilities. Division 3. Laterals. Section 21-20. Application. Section 21-21. Location. Section 21-22. Construction specifications. Section 21-23. Deposit required; inadequate deposit; refunds. i Section 21-24. Charge for pre-existing lateral. Section 21-25. Permit to connect; plumbing permit prerequisite; fee. Division 4. Extensions. Section 21-26. Applications for extensions. Section 21-26.1. Approval of extensions of the public sewer system. Section 21-27. Determination of construction specifications. Section 21-28. Payment of costs; construction by the applicant or by the County. Article 4. Sewer Service Charges. Section 21-29. Sewer user charges for nonresidential customers. Section 21-29.1. Charges for private haulers discharging wastewater into a municipal facility. Section 21-30. Sewer user charges based on flat rate. Section 21-31. Sewer user charges for residential customers. Section 21-31.1. Rates based on ad valorem taxes. Section 21-31.2. Infiltration/inflow expenses. Section 21-32. Billing of charges; payment; late penalty. Section 21-33. Charges for discontinued service. Section 21-34. Sewer fund designated; disposition of funds. Section 21-35. Miscellaneous requirements. Section 21-36. Penalty. Section 21-36.1. Wastewater service charge rates. Section 21-36.2. Remission of charges. Article 5. Sewer Connection Loan Program. Section 21-37. Findings and purpose. Section 21-38. Definitions. Section 21-39. Sewer connection loan program. Section 21-40. Loan application. Section 21-41. Default procedure. Section 21-42. Reserved. Section 21-43. Reserved. Section 21-44. Waiver of liability. Section 21-45. Reserve fund. Section 21-46. Reserved. ii S EWERS§21-1 CHAPTER 21 SEWERS Article 1. General Provisions. Section 21-1. Intent of chapter. It is the intention of the sewer code to regulate the use of all public sewers. A further intent of this code is to fix the rates of installing lateral and service charge on lots furnished with sewer service. (1983 CC, c 21, art 1, sec 21-1.)21-1 Section 21-2. Definitions. As used in this chapter, unless the context specifically indicates otherwise: “Accessible to a sewer” means having a sanitary sewer with laterals available to the lot. “B.O.D. (biochemical oxygen demand)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter by weight. “Building or house sewer” means that portion of the sewer line extending from a building to the public sewer or private disposal system. “Cesspool” means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, which receives untreated wastewater and retains the organic matter and solids discharging therein, but permits the liquid to seep through the bottom or sides to gain access to the underground formation. “Commission” means the environmental management commission of the County. “Connection” means an opening in the public sewer to which the building sewer may be connected. “Director” means the director of the department of environmental management, or the director’s authorized representative. “Equivalent population” means the calculated population which would normally contribute the same amount of suspended solids, biochemical oxygen demand or volume of flow per day as the daily wastes discharged by an industrial or commercial establishment, using as standard basis pounds of suspended solids or biochemical oxygen demand and one hundred gallons per capita per day. “Extension” means the continuation of an existing public sewer through public or private property not owned, in whole or in part, by the applicant or owner of the particular property or subdivision to be served. “Gang cesspool” means a cesspool designed to accept sewage from two or more sources. 21-1 § 21-2H AWAI‘I C OUNTY C ODE “Garbage” means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. “Garbage, properly shredded” means food wastes that have been properly shredded to such a degree that all particles will be carried freely under normal flow conditions in public sewers. “Grease” means any material which is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in Standard Methods. (Includes fats and oils.) “Grease traps” means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater. “Industrial wastes” means the liquid wastes from industrial processes. “Infiltration” means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from inflow. “Inflow” means water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from infiltration. “Lateral” means a side sewer from a public branch or main sewer to the property line to serve one or more lots. “Main” means a sewer to which several laterals or other branch sewer lines are connected. “Natural outlet” means any natural outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. “pH” means the logarithm of the reciprocal of the weight of hydrogen ion in grams per liter of solution. “Public sewer” means a sewer system, including a cesspool and a gang cesspool system, controlled by the County. “Sanitary sewer” means a sewer which carries sewage and to which storm and surface waters and drainage are not intentionally admitted. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage. “Sewage works,” “sewer system,” or “sewer,” means all public facilities for collecting, pumping, treating and disposing of sewage. “Subdivision” means a division of a piece of property into two or more lots. 21-2 S EWERS§21-2 “Suspended solids” means solids that are in suspension in sewage or waste waters, and which are removable by laboratory filtering. “Unoccupied unit” means a unit that is not occupied but has accessibility to a sewer, plumbing fixtures located on it, and currently receives a water bill. (1983 CC, c 21, art 1, sec 21-2; am 1985, ord 85-15, sec 1; am 1986, ord 86-119, sec 3; am 1987, ord 87-71, sec 1; am 1988, ord 88-7, sec 6; am 1989, ord 89-68, sec 2; am 1992, ord 92-77, secs 2 and 3; am 2000, ord 00-82, secs 1 and 2; am 2001, ord 01-108, sec 1; am 21-2 2002, ord 02-66, sec 8.) Section 21-3. Tampering with public sewers. A written permit from the director shall be required for any person to: (1) Obstruct or otherwise make inaccessible any portion of the public sewer; (2) Uncover or molest in any way, any public sewer; or (3) Throw anything into any sewer manhole. (1983 CC, c 21, art 1, sec 21-3; am 2002, ord 02-66, sec 4.)21-3 Section 21-4. Sealing disconnected sewers. No person shall remove or demolish any building or structure with plumbing fixtures connected directly or indirectly with the public sewer without first notifying the director of such intention. All openings in the sewer line caused by the removal of any building or structures shall be sealed in such a manner as to prevent earth, debris, rain, surface, storm or other water from entering the public sewer system. (1983 CC, c 21, art 1, sec 21-4; am 2002, ord 02-66, sec 4.)21-4 Article 2. Public Sewers. Section 21-5. Connection to sewer required. (a) Owners of all dwellings, buildings, or properties used for human occupancy, employment, recreation, or other purposes, which are accessible to a sewer are required at their expense to connect directly with the public sewer within one hundred eighty days after date of official notice. (b) If, due to rock, wastewater collection system depth, or other construction problems, a building cannot be practically served, the owner shall install, operate and maintain a residential pumping station. (c) The director may grant a variance/exemption of the foregoing connection requirements to owners of single-family dwellings existing at the time of installation of the public wastewater system, if the following is found: (1) There are special or unusual circumstances applying to the subject real property which exist that render the ability to connect to a wastewater system an extreme physical or financial hardship; and (2) There are no other reasonable alternatives; and (3) The variance is consistent with the general purpose of the chapter and will not be materially detrimental to public health, safety, or welfare. 21-3 § 21-5H AWAI‘I C OUNTY C ODE (d) To obtain a time extension under the provisions of subsection (a) of this section, owners must file a written request to the connection requirement before the expiration of the aforesaid one hundred eighty days. The written request shall document the need for the extension and the requested amount of time. (e) Time extensions granted pursuant to subsection (d) of this section shall be for a period not to exceed two years. (f) An appeal from the decision of the director in subsection (c) or (d) may be filed with the environmental management commission within thirty days of receipt of the decision. A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. An appeal shall be in writing, in the form prescribed by the environmental management commission, and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Any such appeal shall be accompanied by a filing fee of $50. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owners of the affected property and shall provide the environmental management commission with the proof of service. The appellant, the owners of the affected property, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the environmental management commission. The director and the environmental management commission shall adopt rules to implement this section. (1983 CC, c 21, art 2, sec 21-5; am 1989, ord 89-68, sec 3; am 1996, ord 96-51, sec 2; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 9; am 2004, ord 04-57, sec 1.)21-5 Section 21-6. Subdivisions. Where public sewer service is accessible to any subdivision, the subdivider shall install all necessary sewage works to serve all lots. All new sewers and connections shall be properly designed and connected. For areas planned for sewers within the ten years after May 22, 1989, developers are required to install interceptor, household, and collection sewers, even if they will not be used until the area is sewered. Where public sewers are not accessible or dry sewers planned, the requirements or interim requirements for proper disposal of sanitary sewage for the subdivision shall be determined by the State department of health and the director. (1983 CC, c 21, art 2, sec 21-6; am 1985, ord 85-15, sec 2; am 1989, ord 89-68, sec 4; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 10.)21-6 21-4 S EWERS§21-7 Section 21-7. Industrial wastes of unusual strength. (a) The County may accept into its public sewer system, an industrial waste of unusual volume, strength or character under a special agreement or arrangement between the County and the industrial concern, subject to payment of appropriate charges agreeable to both parties. The contributing person shall pay a proportionate share of the construction costs or sewer service charge based on the ratio of population equivalent to normal design population. (b) Where sewers, pumping stations, force main or outfall are to be provided, the population equivalent of the wastes shall be computed on the basis of the volume of the industrial wastes. Where primary treatment facilities are to be provided the population equivalent of the wastes shall be computed on the basis of the suspended solids of the industrial wastes. Where secondary treatment facilities are to be provided, the population equivalent of the wastes shall be related to the suspended solids as above or to the biochemical oxygen demand of the industrial wastes, whichever is greater. (c) Fats and greases shall not be discharged to the sewer system if their concentration and physical dispersion results in separation and adherence to sewer structures and appurtenances. If there is evidence of adherence of such materials to said structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials must be effectively pretreated by a process or device to effect removal from the flow before its discharge to the sewer system. (d) Where preliminary treatment is deemed necessary by the director to render any water or wastes acceptable for discharge into the public sewage works, suitable preliminary treatment facilities shall be provided by the owner and maintained continuously in satisfactory and effective operation at his expense. In the maintaining of those interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured materials and shall maintain records of the dates, amounts, and means of disposal which are subject to review by the director. Grease, oil, sand and dirt interceptors, screening devices, facilities for pH adjustment, and other necessary preliminary treatment facilities shall be of a type and capacity as approved by the director. (e) When the standards of the director for requiring pretreatment are less stringent than those promulgated by the U.S. Environmental Protection Agency, the standards of the U.S. Environmental Protection Agency will be those used for waste flows being discharged into wastewater treatment facilities. (1983 CC, c 21, art 2, sec 21-7; am 1987, ord 87-71, sec 2; am 2002, ord 02-66, sec 4.)21-7 Section 21-8. Drainage of storm water and unpolluted water into sewers. No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, swimming pool water or other unpolluted drainage into any public sewer. (1983 CC, c 21, art 2, sec 21-8.)21-8 21-5 § 21-9H AWAI‘I C OUNTY C ODE Section 21-9. Prohibited wastes. Except as hereinafter provided in this chapter, no person shall, directly or indirectly, discharge or cause to be discharged into a public sewer any of the following: (1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit; (2) Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil or grease; (3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; (4) Any garbage that has not been properly shredded; (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works; (6) Any water or wastes having pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; (7) Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters; (8) Any noxious or malodorous gas or explosive liquids or substance capable of endangering public property and safety, or creating a public nuisance; or (9) Other restrictions as provided in accordance with regulations or requirements of the State department of health or the U. S. Environmental Protection Agency. (1983 CC, c 21, art 2, sec 21-9; am 1989, ord 89-68, sec 5.)21-9 Section 21-10. Volume and rate of discharge; additional flow beyond capacity. The director may prohibit admission into the public sewers of any additional volume of water or wastes, wherever and to the extent that the existing sewage works of the County shall not be capable of receiving and disposing of the same, together with the normal sewage flow of that tributary area. (1983 CC, c 21, art 2, sec 21-10; am 2002, ord 02-66, sec 4.)21-10 21-6 S EWERS§21-11 Article 3. Sewage Works and Connections. Division 1. General Provisions. Section 21-11. Disposal of sewage into natural outlet; treatment and disposal plan required. Where sewage is to be discharged into any natural outlet, primary or complete treatment facilities shall be provided in accordance with regulations and requirements of the State department of health. The type, capacity and location of the treatment plant shall be approved by the director. (1983 CC, c 21, art 3, sec 21-11; am 2002, ord 02-66, sec 4.)21-11 Section 21-12. Pumping stations. Pumping stations shall be provided where the terrain of the developable area is such as to require pumping to lift the sewage to proper elevation for discharge to a treatment plant site, public sewer or discharge outfall. These stations shall be of adequate capacity and shall include the necessary physical units for proper operation, control and maintenance. Suitable locations of these stations shall be approved by the director. (1983 CC, c 21, art 3, sec 21-12; am 2002, ord 02-66, sec 4.)21-12 Section 21-13. Sewer mains. Sewer mains shall be of length, type and size necessary to provide the area with adequate sewage disposal and so located as not to be contrary to the location fixed for utilities by the County master plan. (1983 CC, c 21, art 3, sec 21-13.)21-13 Section 21-14. Laterals. A lateral shall be installed to provide service to each lot in accordance with section 21-22. When a lateral is required by the County in order for the landowner to receive the final inspection approval, the County shall construct the lateral within six months from the date of the requirement. (1983 CC, c 21, art 3, sec 21-14; am 2004, ord 04-53, sec 2.)21-14 Section 21-15. Construction standards. All sewage works construction shall be performed in accordance with the latest edition of the standard specifications for public works construction and the standard details for public works construction. (1983 CC, c 21, art 3, sec 21-15.)21-15 21-7 § 21-16H AWAI‘I C OUNTY C ODE Division 2. Subdivisions. Section 21-16. Cost of construction. (a) In every subdivision where sewers, sewage pumping station, force main, outfall and sewage treatment units are deemed necessary by the director and State department of health, the cost of constructing such sewage works shall be borne by the owner of the subdivision. (b) Additional costs brought about by increasing the pipe sizes or depths of laying or the capacity of the pumping station, force main, outfall or treatment plant to serve areas other than the subdivision shall be borne by the County. (1983 CC, c 21, art 3, sec 21-16; am 2002, ord 02-66, sec 4.)21-16 Section 21-17. Approval of plans required; time limit for beginning work. All construction plans and specifications for sewage works shall be approved by the director. In the event that construction has not commenced within one year after date of approval, the construction plans and specifications shall be resubmitted for reapproval. (1983 CC, c 21, art 3, sec 21-17; am 2002, ord 02-66, sec 4.)21-17 Section 21-18. Inspections during construction required; costs. (a) During the construction of all sewage works, the County shall have access thereto for inspection purposes and, if considered advisable by the director, to require an inspector on the job continuously. At no time shall sewer work be backfilled or covered until the director has been notified of and approved the work after proper inspection and test. If the work is not approved, it shall be repaired or removed and reconstructed, as directed by the director. The subdivision sewer may then be connected to the public sewer. (b) All costs of inspection, testing and connection to the public sewers shall be borne by the owner of the subdivision. (1983 CC, c 21, art 3, sec 21-18; am 2002, ord 02-66, sec 4.)21-18 Section 21-19. Acceptance of sewage works and treatment facilities. (a) All sewage works found acceptable by the director shall become the property of the County and shall be maintained and operated as part of the public system. Prior to final acceptance, the subdivider shall deliver to the County perpetual easements for all portions of the subdivision sewer system installed in other than publicly owned property. The subdivider shall also convey to the County fee simple title to all sites on which a pumping station or treatment plant is constructed by the subdivider as part of the public sewage works, together with easements for ingress and egress. (b) Final approval and acceptance of subdivision sewage works shall not be granted until the subdivider has settled all financial accounts with the County. (1983 CC, c 21, art 3, sec 21-19; am 2002, ord 02-66, sec 4.)21-19 21-8 S EWERS§21-20 Division 3. Laterals. Section 21-20. Application. An application for a lateral to a lot shall be made on a prescribed form to the bureau of sewers. If the lateral has not already been run to the property line, the County will construct it as soon as possible at the expense of the applicant, except as provided by section 21-14. 21- (1983 CC, c 21, art 3, sec 21-20; am 2002, ord 02-66, sec 11; am 2004, ord 04-53, sec 3.) 20 Section 21-21. Location. New laterals shall be installed as near as practicable to the exact location desired by the applicant, but if branches are already in the main or other outlets are available near at hand, the lateral may be run from them. The County reserves the right to establish the alignment of the lateral, the location of the connection and to provide service to other lots from the same lateral. (1983 CC, c 21, art 3, sec 21-21.)21-21 Section 21-22. Construction specifications. (a) All laterals shall be six inches in diameter and constructed at right angles to the main on a minimum grade of nine-tenths of one percent, unless excepted by the director. Each lateral shall terminate at the property line with a six-inch by four- inch cast iron pipe reducer, properly capped. (b) Connection of the building sewer to this reducer shall be made with a forty-five degree cast iron “Y,” with the branch facing upward and extended about one inch above the ground with a four-inch brass cleanout at the end. This connection shall not be backfilled or covered until approved by the director. (1983 CC, c 21, art 3, sec 21-22; am 2002, ord 02-66, sec 4.)21-22 Section 21-23. Deposit required; inadequate deposit; refunds. A deposit of not less than $25 and at least equal to the County’s estimate of the cost of the lateral shall be required of the applicant before the lateral is installed. If the actual cost of the lateral is in excess of the deposit, the applicant will be billed and shall pay for the difference. If the actual cost is less than the deposit, the applicant shall be refunded the difference. (1983 CC, c 21, art 3, sec 21-23.)21-23 Section 21-24. Charge for pre-existing lateral. No new charge shall be made for a lateral which has already been installed to the property line of the lot, the charge for which has already been paid. (1983 CC, c 21, art 3, sec 21-24.)21-24 21-9 § 21-25H AWAI‘I C OUNTY C ODE Section 21-25. Permit to connect; plumbing permit prerequisite; fee. (a) A permit to connect shall be obtained from the wastewater division, department of environmental management, before making any connection to the lateral. (b) The connection permit shall be issued only after a plumbing permit has been obtained from the building division, department of public works. (c) No fee shall be charged for the permit to connect. (1983 CC, c 21, art 3, sec 21-25; am 2002, ord 02-66, sec 12.)21-25 Division 4. Extensions. Section 21-26. Applications for extensions. Any individual wishing to extend or connect to the public sewer system shall submit an application to the director or designee. The application shall be in the form of a letter detailing where and why the sewer extension is being requested. The application shall be processed in the manner set forth in this article. (1983 CC, c 21, art 3, sec 21-26; am 1996, ord 96-51, sec 4; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 13.)21-26 Section 21-26.1. Approval of extensions of the public sewer system. (a) All sewer extensions shall be approved by resolution of the County council. (b) Private Development and Construction. Once an application for an extension of the public sewer system has been approved by the director or their designee, the application and a recommendation from the director shall be forwarded to the County council with all of the supporting material attached. Upon review of the recommendation of the director and the payment mechanism chosen by the applicant, the council may approve the application. (1996, ord 96-51, sec 3; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 14.)21-26.1 Section 21-27. Determination of construction specifications. The County shall make, or allow the applicant to make, the extension, including any lateral, to serve the applicant’s property. The County director shall determine or approve a plan submitted by the applicant for, the alignment, the materials to be used, and the manner of construction. The property owner shall not have any title to the extension. (1983 CC, c 21, art 3, sec 21-27; am 1996, ord 96-51, sec 5; am 2002, ord 02-66, sec 4.)21- 27 21-10 S EWERS§21-28 Section 21-28. Payment of costs; construction by the applicant or by the County. (a) If the applicant chooses to construct the extension, then the applicant shall bear the total cost of the construction. However, the applicant may receive for ten years after completion of the extension one-half of all moneys for sewer charges collected by the County from other properties connecting to the extension provided the total of such reimbursement shall not exceed the cost incurred by the applicant to construct the extension. Plans to reimburse the applicant for construction of the sewer extension shall require the approval of the County council by resolution. (b) If the applicant chooses for the County to construct the extension, the applicant shall elect to: (1) Pay the full cost for the extension and for ten years after completion of the extension receive all moneys for sewer charges collected by the County from other properties connecting to the extension. However, the total of such reimbursements shall not exceed the cost incurred to construct the extension. Plans to reimburse applicant for construction of sewer extensions shall require the approval of the County council by resolution; or (2) Pay for one-half of the cost for the extension with the other half of the cost being paid by the County. If the applicant chooses this method of payment the director or designee shall make an estimate of the cost of construction and submit it to the applicant. If the applicant then deposits with the County a sum equal to one-half of such cost, then the matter shall be referred to the council for review, approval and appropriation of the County’s share of the costs. (1983 CC, c 21, art 3, sec 21-28; am 1996, ord 96-51, sec 6; am 1998, ord 98-106, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 15.)21-28 21-11 § 21-29H AWAI‘I C OUNTY C ODE Article 4. Sewer Service Charges. Section 21-29. Sewer user charges for nonresidential customers. Sewer user charges for nonresidential customers, including those connected to gang cesspools, shall be assessed to all lots accessible to a public sewer whether connected or not. User charges for sewer service to nonresidential customers, which include industrial, commercial, agricultural, governmental and miscellaneous services users, hotels, and service stations shall be based on water volume usage based on water meter reading and shall be assessed according to the schedule shown under section 21-36.1; provided that water consumed for the purpose of coolers or swimming pools shall not be included in water consumption totals on which these rates are based. No sewer charges shall be levied on water used for irrigation or other uses when the water is not discharged into the sewer system and a separate metering system is installed to provide a method of accounting for the amount of water which is or is not subject to the sewer use charges, as the case may be. A minimum monthly charge shall be applicable and shall be equal to the schedule under section 21-36.1. Unoccupied units will be assessed a monthly maintenance fee equal to the current minimum monthly charge. (1983 CC, c 21, art 4, sec 21-29; am 1985, ord 85-15, sec 3; am 1986, ord 86-86, sec 1; am 1987, ord 87-71, sec 3; am 1989, ord 89-68, sec 6; am 1992, ord 92-77, sec 4; am 2000, ord 00-82, sec 3; am 2004, ord 04-157, sec 2.)21-29 Section 21-29.1. Charges for private haulers discharging wastewater into a municipal facility. (a) A minimum charge according to the schedule shown under section 21-36.1 shall be made for the discharging of pumped waste into any municipal system. The hauler shall be responsible for notification of the receiving facility personnel of the type of waste and of the discharge schedule. Preliminary treatment of the wastewater may be required prior to disposing of the waste into the system. (b) “Pumped waste” shall include cesspool septage, chemical toilet waste, sludge, or any other waste not prohibited under section 21-9. (c) Private haulers are required to have a valid permit from the wastewater division to discharge wastewater into any municipal facility and shall maintain the following records and information: (1) The number of cesspools and other types of wastewater facilities pumped; (2) The name and address of the owner of each cesspool or other facility pumped; (3) The date of pumping of each cesspool or other facility; (4) The location of each cesspool or facility pumped; (5) Volume of wastewater pumped at each cesspool or other facility; and (6) Disposal site of each for pumped waste from each cesspool or other facility. 21-12 S EWERS§21-29.1 (d) Reports containing the tabulated information shall be submitted to the wastewater division no later than thirty days after the last day of the month. Failure to provide the requested information may lead to revocation of the permit. (1983 CC, c 21, art 4, sec 21-29.1; am 1989, ord 89-68, sec 7; am 1992, ord 92-77, sec 5.)21-29.1 Section 21-30. Sewer user charges based on flat rate. The director may establish a flat rate for sewer services for sewered properties (residential and/or nonresidential) utilizing public or private water systems. The flat rates may be based upon the amount of water actually consumed and drawn through the water meters of the private system, or in the absence of meters, based upon a reasonable estimate of the water consumption with due consideration to the type and nature of the premises. This flat rate shall be reviewed annually. (1983 CC, c 21, art 4, sec 21-30; am 1985, ord 85-15, sec 4; am 2002, ord 02-66, sec 4.)21-30 Section 21-31. Sewer user charges for residential customers. Sewer user charges for residential customers shall be assessed to all lots accessible to a public sewer or public gang cesspools whether connected or not. User charges for sewer service to residential customers, which include service for single-family dwellings, duplexes, housing projects, condominiums, townhouses, apartments, and dormitories shall be according to the schedule shown under section 21-36.1. Unoccupied units will be assessed a monthly maintenance fee equal to the current monthly sewer user fee. (1983 CC, c 21, art 4, sec 21-31; am 1985, ord 85-15, sec 5; am 1986, ord 86-86, sec 2; am 1987, ord 87-71, sec 5; am 1989, ord 89-68, sec 8; am 1992, ord 92-77, sec 6; am 2000, ord 00-82, sec 4.)21-31 Section 21-31.1. Rates based on ad valorem taxes. Residential and nonresidential customers will be assessed a sewer charge based on the ad valorem charge system for any additional expenses not covered by the flat rate and/or flow rate system. (1985, ord 85-15, sec 6.)21-31.1 Section 21-31.2. Infiltration/inflow expenses. The sewer service charge system will distribute the operational maintenance and replacement expenses for infiltration/inflow flows in the same manner as the ad valorem charges. (1985, ord 85-15, sec 6.)21-31.2 21-13 § 21-32H AWAI‘I C OUNTY C ODE Section 21-32. Billing of charges; payment; late penalty. (a) The sewer service charge levied pursuant to this chapter shall be collected by the director of finance or any bank designated by the wastewater division as an agent for collection. Billings for sewer service charges of nonresidential users shall be processed monthly or bimonthly in accordance with the department of water supply billing cycle. Billing for single unit and multi-unit residential users shall be processed monthly or bimonthly. (b) Payment shall be due thirty days after date of bill. In addition, interest at the rate of one percent per month shall be imposed upon the outstanding balance for all accounts that are past due. (c) Charges for sewer service shall be billed to the owner or owners of the lot, parcel of land, building or premises, (herein, referred to as the “property”) to which the services are provided. If requested by the owner, the department will bill a tenant or other individual designated (herein, referred to as the “designated person”) by the owner. Such request shall be in writing and signed by all parties involved, including all property owners and the designated person. The property owners and the designated person shall be jointly and severally liable for the entire sewer service charge without further notice of any delinquency to the property owners. (d)Where a landlord has requested that the department bill a tenant pursuant to paragraph (c): (1) the director shall notify the landlord if a tenant’s payment is past due; and (2) the interest on the outstanding balance shall not commence until thirty days after the department has sent such notice to the landlord of the delinquency. (e)Sewer service charges levied shall be a debt due to the County. If this debt is not paid when due, it shall be deemed delinquent and may be recovered by the County by a civil action filed against the property owners, or the designated person, or both. Any judgment against the property owners or responsible parties shall be filed with the Bureau of Conveyances. As used herein, “person” means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust estate, government entity, or any other legal entity, and their legal representatives, agents, and successors and assigns. (f)The department of water supply is authorized to terminate water services for non- payment of the sewer services charges levied pursuant to this chapter when so directed by the director after due notice and opportunity for a hearing as provided by chapter 91, Hawai‘i Revised Statutes, before the environmental management commission and the resolution of any appeal therefrom. (1983 CC, c 21, art 4, sec 21-32; am 1989, ord 89-68, sec 9; am 1992, ord 92-77, sec 7; am 2005, ord 05-19, sec 1; am 2014, ord 14-83, sec 2, ord 14-136, sec 1.) 21-32 21-14 S EWERS§21-33 Section 21-33. Charges for discontinued service. (a) For any lot, building, dwelling unit or premises for which connection is made with the sanitary sewerage systems, a sewer service charge shall be made pursuant to this chapter starting from the first day of the month following the date of the connection. (b) Where it is proposed to discontinue any connection to the sewer from any lot, parcel of land, building or premises upon a written notice being given to the wastewater division by the owner or tenant of such lot, parcel of land, building or premises, such lateral sewer, shall be disconnected by the owner or tenant and the sewer charges for the month within which such discontinuance of sewer service takes place shall be for the full month based on the regular monthly charge to such lot, parcel of land, building, dwelling unit or premises. (1983 CC, c 21, art 4, sec 21-33; am 1989, ord 89-68, sec 10; am 1992, ord 92-77, sec 8.)21-33 Section 21-34. Sewer fund designated; disposition of funds. The funds received from the collection of the sewer service charges authorized by this chapter shall be deposited daily with the director of finance, and shall be accounted for and be known as the “County sewer fund” and shall be expended for the purpose authorized. The County sewer fund shall consist of three accounts. The first account will be the “user charge account” and the revenues for this account will come only from the sewer service charges. Expenditures from this fund shall be limited for the purpose of carrying out the operation and maintenance of the sewage treatment system, including replacement. The second account will be the “fixed costs account.” Expenditures from this account shall be for items such as billing expenses, debt service charges, construction costs, and other costs not related directly to the operation and maintenance of the sewage treatment system. The revenues for this account will come from the sewer service charges. The third account will be the “equipment replacement expenses reserve account.” This account will set aside a portion of the revenue for sewer service charges as a cushion for equipment replacement expenses to compensate for fluctuation in the amount of payment out of the account for equipment replacement. This financial management system shall be maintained by the wastewater division and based on an adequate budget identifying the basis for determining the annual operating and maintenance cost and costs of personnel, material, energy, and administration. (1983 CC, c 21, art 4, sec 21-34; am 1985, ord 85-15, sec 7; am 1986, ord 86-119, sec 4; am 1988, ord 88-7, sec 7; am 1992, ord 92-77, sec 9.)21-34 21-15 § 21-35H AWAI‘I C OUNTY C ODE Section 21-35. Miscellaneous requirements. (a) The user charges attributed to any wastewater treatment facility shall be reviewed and evaluated annually and revised if necessary on the basis of actual operation and maintenance costs. (b) The user charge system shall take precedence over any terms or conditions or agreements or contracts which are inconsistent with the requirements of section 204(b)(1)(A) of the Clean Water Act and 40 CFR 35.2140. (c) Every user of the public sewer system shall be notified annually of the user’s current sewer service charge rate and that portion of the rate and/or ad valorem taxes which are attributable to wastewater treatment service in accordance with 40 CFR 35.2140. Notification may be in conjunction with a regular bill, newspaper notice, or other means acceptable to the regional administrator, Environmental Protection Agency. (1983 CC, c 21, art 4, sec 21-35; am 1985, ord 85-15, sec 8.)21-35 Section 21-36. Penalty. Any person convicted of violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500. The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. (1983 CC, c 21, art 4, sec 21-36.)21-36 21-16 S EWERS§21-36.1 Section 21-36.1. Wastewater service charge rates. WASTEWATER SERVICE CHARGE RATE Effective Date* User Category 04/01/19 04/01/20 04/01/21 04/01/22 04/01/23 A.Single Unit Residential: $35.00$40.00$44.00$48.00$52.00 1.Monthly charge per unit B.Multi-Unit Residential: 35.0040.0044.0048.0052.00 1.Monthly charge per unit C.Nonresidential: 34.00 42.00 46.0050.00 54.00 1.Monthly base rate charge per unit 2.Monthly usage charge per 1,000 gallons (after the first 8,000 gallons) per unit 4.75 5.50 6.25 7.00 7.50 8,001 - 15,000g 5.50 6.50 7.50 8.50 9.00 15,001 - 30,000g 5.75 6.75 7.75 8.75 9.50 30,001g + D.Private Haulers Discharge Fee: 38.00 46.00 52.00 58.00 64.00 1.Discharge fee per 500 gallons or fraction thereof 38.00 46.00 52.00 58.00 64.00 2.Minimum charge per load E.Gang Cesspools: 1.Monthly charge per unit 18.00 20.00 22.00 24.00 25.00 *Rate begins on first full billing cycle after effective date. (1997, ord 97-68, sec 2; am 1998, ord 98-21, sec 1; am 2000, ord 00-82, sec 5; am 2003, ord 03-92, sec 1; am 2019, ord 19-21, sec 2.)21-36.1 Section 21-36.2. Remission of charges. Sewer users who have been charged for sewer services pursuant to section 21-29, may ask for a remission of such charges to the extent and in the manner set forth herein: (1) The user establishes and the director determines that the user is entitled to an adjustment in water consumption totals. (2) Any application for such adjustment must be made with the director within one year of the alleged error in determination of water consumption totals. (2000, ord 00-83, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 16.)21-36.2 SUPP. 6 (7-2019) 21-17 § 21-37H AWAI‘I C OUNTY C ODE Article 5. Sewer Connection Loan Program. Section 21-37. Findings and purpose. Section 21-5, requires connection to the sewer of lots accessible to a sewer. The connection cost may be financially burdensome for many owners. Therefore, the council finds that, in order to assure that all possible lots are connected to the sewer to meet Federal and State requirements, it is in the public interest to create, in cooperation with a bank or other financial institution, a program by which the County of Hawai‘i assists owners to connect to the sewer by guaranteeing loans for this purpose. The guaranteed loan program would allow the owner to get a County-guaranteed loan from the bank or other financial institution after it agrees that the County of Hawai‘i shall place a lien on the property at the time the loan closes. The lien would be for the loan amount and related fees and costs. The County of Hawai‘i would guarantee the bank or other financial institution that it will pay the balance of the loan in full should the owner default on the loan. This law shall cover the sewer connections which will be required in the following increments: 110 lots 100 lots Ainako “A” 114 lots Kalaniana‘ole Laterals 125 lots Ainako “B” 93 lots (Optional Hookups) 100 lots Ali‘i Drive “A” — “F”200 lots Honoka‘a106 lots (1992, ord 92-136, sec 1; am 2008, ord 08-117, sec 1; am 2012, ord 12-10, sec 2.)21-37 Section 21-38. Definitions. For purposes of this article, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: “Default” means the failure of a guaranteed borrower to make a required payment to a designated bank within ninety days of the date upon which the payment is due as stated in the contract between a designated bank and a guaranteed borrower. “Designated bank” means any bank or financial institution approved by the director of finance pursuant to this article to provide loans to owners who are required to connect property to sewers by section 21-5. “Guaranteed borrower” means an owner who has executed the appropriate agreements with the County of Hawai‘i required by this article and whose loan with a designated bank is guaranteed by the County of Hawai‘i in accordance with this article. 21-18 S EWERS§21-38 “Increment” means any one of the planned sewer construction projects stated in section 21-37. “Owner” means: (1) A person or persons, including joint tenants, tenants in common, tenants by the entirety, corporations, and partnerships who hold the fee title to real property which is required to be connected to sewer lines pursuant to section 21-5; or (2) A person or persons, including joint tenants, tenants in common, tenants by the entirety, corporations and partnerships to whom has been entrusted pursuant to law the legal or equitable titles to real property which is required to be connected to sewer lines pursuant to section 21-5, and who are empowered to act as trustees of that real property for the benefit of another or others, or as trustees of a self-trusted revocable living trust; or (3) A person or persons who hold equitable title pursuant to an agreement of sale of real property which is required to be connected to sewer lines pursuant to this chapter; or (4) A person or persons who hold, under a lease for a term of five years or more, real property which is required to be connected to sewer lines pursuant to this chapter. “Self-directed revocable living trust” means a trust formed for the purpose of management and administration of real property and in which the owner(s) of an interest in real property becomes settlor(s) and trustee(s) of the trust by making said real property the trust res, and administering said property for the benefit of the owner(s). (1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 2.)21-38 Section 21-39. Sewer connection loan program. (a) Before the director, pursuant to section 21-5, notifies property owners in an increment of the requirement that they connect their properties to the sewer line, the director of finance shall be authorized to develop a sewer connection loan program for the purpose of guaranteeing loans used to connect lots which are a part of that increment to the sewer lines. The director of finance may consult with any banks or financial institutions about participation in a program of loan guarantees for owners of properties who are required to connect to sewers pursuant to section 21-5. (b) After consultation, the director of finance shall designate one or more banks or financial institutions to handle the County-guaranteed loan program. In designating a bank or financial institution, the director shall consider the interest rates offered on the loans by the bank, the number of months and monthly payments of the loan, and the willingness of the institution to make the same agreed-upon rate offered on the County-guaranteed loans available to others borrowing money to pay for sewer hookup fees whose loans are not guaranteed by the County of Hawai‘i. Any bank or financial institution which complies with the terms of the loan program shall qualify as a designated bank. 21-19 § 21-39H AWAI‘I C OUNTY C ODE (c) The director of finance shall require that a designated bank agree that: (1) The loan to a guaranteed borrower will be at a rate of interest and terms agreed upon at the inception of the program for that increment; (2) The loan will be guaranteed by the County of Hawai‘i up to the assessed value of the parcel to be connected and any improvements at the time of the loan application; (3) In the event that a guaranteed borrower fails to pay the required payment on the loan within ninety days of the date upon which the payment is due, the loan shall be considered in default and the designated bank shall immediately notify the director of finance of the County of Hawai‘i, as well as the guaranteed borrower; (4) In the event of a default of any guaranteed borrower, a designated bank shall accept payment in full from the County of Hawai‘i as full satisfaction for the loan; (5) The loan amount shall be limited to hook up and cost for the reasonable restoration of the parcel and improvements to the condition existing at the time of the loan application plus loan fees and costs; and (d) The director of finance shall inform the mayor and the County council of the names of banks and financial institutions which are designated banks, and shall provide them with copies of the agreement negotiated with the designated banks and the contract which the designated banks will execute with guaranteed borrowers. (1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 17; am 2012, ord 12-15, sec 3.)21-39 Section 21-40. Loan application. (a) Any owner who is required to connect such owner’s property to a sewer pursuant to section 21-5, and who has been rejected by any two banks or financial institutions for any type of loan to pay for the sewer connection, based on insufficient ability to repay said loan, may apply to a designated bank for a sewer connection loan which is guaranteed by the County of Hawai‘i. Any application for a guaranteed loan must be submitted to a designated bank no more than one hundred and twenty calendar days after the date of the notification by the director requiring the owner to connect to the sewer. (b) All such timely applications for guaranteed loans shall be sent by any receiving designated bank to the director of finance. Any owner whose application for a sewer connection loan is referred to the director of finance by a designated bank and is deemed to have a reasonable ability to repay the loan may participate in a loan guaranteed by the County of Hawai‘i and become a guaranteed borrower. As conditions of participation, the applicant shall execute: (1) A loan agreement with a designated bank, with the County of Hawai‘i as guarantor of the loan, providing that: (A) The money will be paid by the bank directly to the contractor performing the connection; and 21-20 S EWERS§21-40 (B) In the event the guaranteed borrower fails to pay the required payment on the loan within ninety days of the date upon which payment is due, the loan shall be considered in default and the County of Hawai‘i will repay the loan in full to the designated bank, and will assume the designated bank’s status as creditor. (2) An agreement with the County of Hawai‘i giving the County of Hawai‘i a lien on the property to be connected. The County of Hawai‘i may initiate foreclosure proceedings immediately upon default by the owner and any non- payment of a payment required by a payment plan under section 21-41. Upon execution, the loan agreement and the lien document shall be recorded at the bureau of conveyances. (c) For the protection of the interest of the County of Hawai‘i, a title search for any property upon which the County of Hawai‘i will have a lien shall be conducted prior to execution of any agreements, and the cost of the search shall be paid from the loan proceeds. (1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 18; am 2012, ord 12-15, sec 4; ord 12-158, sec 2.)21-40 Section 21-41. Default procedure. In the event of a default, after the County of Hawai‘i has paid the designated bank or financial institution, the director of finance shall have the discretion to negotiate with the guaranteed borrower a plan for repayment of the loan to the County of Hawai‘i. In negotiating the loan repayment, the director of finance shall take into consideration the following guidelines: (a) In the event that the guaranteed borrower is capable of paying the monthly interest on the loan, the repayment plan shall include a minimum monthly payment at least equal to the amount of monthly interest, and at the same rate of interest charged by the designated bank. (b) In the event that the guaranteed borrower is unable to pay an amount equal to the monthly interest, the director of finance may negotiate a smaller monthly payment. (c) If no agreement on the plan for repayment is reached within ninety days of default, the County of Hawai‘i shall immediately initiate foreclosure proceedings against the subject property. (d) In the event that the guaranteed borrower is a corporation or is an owner holding property in a trust, then the County of Hawai‘i may initiate foreclosure proceedings immediately upon default by the owner and payment of the loan by the County of Hawai‘i. (1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 5.)21-41 Section 21-42. Reserved. (1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 19; am 2012, ord 12-10, sec 3.)21-42 21-21 § 21-43H AWAI‘I C OUNTY C ODE Section 21-43. Reserved. (1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 6.)21-43 Section 21-44. Waiver of liability. The contractor selected pursuant to this article, as well as the guaranteed borrower shall execute agreements with the County of Hawai‘i in which each of them agrees to defend, indemnify and hold harmless the County of Hawai‘i in the event of any personal injury or property damage resulting from the connection of the property to the sewer. (1992, ord 92-136, sec 1.)21-44 Section 21-45. Reserve fund. (a) For the purpose of payment of guaranteed loans in default, there shall be created a reserve fund, to be known as the sewer connection reserve fund, which shall at all times be not less than fifteen percent of the total amount of loans guaranteed and shall be funded by the general fund or other available sources. If a guaranteed borrower defaults on a loan, the bank shall be paid from this reserve fund without further council action. If this repayment of the loan causes the reserve fund to fall below fifteen percent of the total amount of loans guaranteed, the director of finance will then submit to the council a bill for an ordinance to transfer the money from the general fund or other available sources if such a transfer is necessary to maintain the required level of the fund. All interest generated by the fund shall be deposited into the County of Hawai‘i general fund. (b) In the event grant monies are available to finance sewer connection costs, the sewer connection reserve fund may be used to finance connection costs for those lot owners eligible for grant funding and only to the extent that the sewer connection reserve fund can be reimbursed from the grant. (c) At least once every three months the director of finance shall prepare and submit to the council a report on the status of the loan program, including but not limited to the following: (1) The number of guaranteed loans outstanding; (2) The total dollar value of all guaranteed loans outstanding; (3) The balance in the reserve fund; and (4) The number of hookups to be required in the next increment. (1992, ord 92-136, sec 1; am 2012, ord 12-158, sec 3.)21-45 Section 21-46. Reserved. (1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 9.)21-46 21-22 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. Repealed Section 22-3.3. Repealed. Section 22-3.4. Repealed. 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. Division 5. Permit Conditions. Section 22-3.9. Permit conditions. i 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. ii Article 7. Variances. Section 22-7.1. Variances; application. Section 22-7.2. Variances; criteria for granting. Section 22-7.3. Variance application fees. Article 8. Violations, Penalties, Enforcement. Section 22-8.1. Violations. Section 22-8.2. Administrative enforcement. Section 22-8.3. Criminal prosecution. Section 22-8.4. Injunctive action. Section 22-8.5. Emergency powers; procedures. Section 22-8.6. Corrective work by the County; costs. Section 22-8.7. Limited liability of authorized personnel. Section 22-8.8. Remedies cumulative. Article 9. Legal Compliance and Rulemaking. Section 22-9.1. Compliance with this chapter and other laws. Section 22-9.2. Adoption of rules. iii This page intentionally left blank. C OUNTY S TREETS§22-1.1 CHAPTER 22 COUNTY STREETS Article 1. General Provisions. Section 22-1.1. Intent and purpose. The County council finds that the primary function of County streets is to provide safe, efficient and orderly passage of pedestrians, vehicles, and other means of transportation and where appropriate, to provide safe, efficient and orderly access to adjoining properties. This chapter seeks to establish a program which preserves and promotes this primary function by defining and regulating construction within a County street; and uses within or adjacent to a County street that are not an integral part of its infrastructure or necessary for safe and lawful operation on a street. These provisions do not apply to private streets or to streets owned by the State of Hawai‘i, including the Department of Hawaiian Home Lands, unless otherwise agreed to by the State or the Department of Hawaiian Home Lands. (2002, ord 02-67, sec 2.)22-1.1 Section 22-1.2. Definitions. As used in this chapter unless otherwise specified: “Building” means a structure which is occupied for residential purposes or used as a place of business. “Business improvement district” or “district” means a district of land established by the County pursuant to chapter 35 of this Code for providing and financing supplemental services and improvements. “Corporation counsel” means the head of the County department of the corporation counsel or its duly authorized representative. “Chief of police” means the head of the County police department or its duly authorized representative. “Common driveway approach” means a driveway approach that is located along the frontage of two or more properties and is used as an ingress and egress to said properties. “Director” means the head of the County department of public works or its duly authorized representative. “District association” means an association established pursuant to section 35-18 of this Code. “District-wide publication dispensing rack permit” means an exclusive permit issued pursuant to article 3 of this chapter. “Driveway” means a road on private or public property giving access from a private or public street to an established use on the property. “Driveway approach” means an area between the edge of the roadway and property line of any County owned or maintained street that provides ingress and egress to an abutting property. 22-1 § 22-1.2H AWAI‘I C OUNTY C ODE “Engineer” means a privately employed licensed professional civil engineer. “Finance director” means the head of the County finance department or its duly authorized representative. “Official County street name” means a street name that has been adopted by the council by duly promulgated resolution or by the planning director. “Person” or words importing persons, for instance, “another,” “others,” “any,” “anyone,” “anybody,” and the like signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. “Planning director” means the head of the County planning department or its duly authorized representative. “Publication dispensing rack space permits” means a publication dispensing rack space allocation or reallocation invoice issued pursuant to chapter 35, section 35-63 of this Code. “Roadway” means that portion of a County street, excluding shoulders, curbs, gutters, sidewalks or other roadside drainage facilities, used exclusively by vehicular traffic. “Sidewalk” means that portion of a County street defined by a vehicular separation device such as a concrete, asphaltic concrete or rolled concrete curb that is intended for pedestrian or other non-vehicular use. “Speed hump” means a gentle rise in the profile of the road that is used to regulate the speed of a vehicle. “Street” means the entire width between property lines of any County owned and maintained street, avenue, road, alley, highway, lane, path or other place opened, improved and established for the use of vehicles, pedestrians or both. “Vehicle” means every licensed or otherwise authorized device in, upon or by which any person or property is or may be transported or drawn upon a roadway. “Violator” means the property owner, lessee, or the person responsible for the violation. (2002, ord 02-67, sec 2; am 2005, ord 05-139, sec 1; am 2012, ord 12-59, sec 2.)22-1.2 Article 2. Prohibitions. Section 22-2.1. Encroachments. No object shall be allowed in, under, or over any County street, except objects that are permitted by the director, chief of police or other provisions of law to be in, under, or over a County street, or which have a clearance of fifteen feet or more above the surface of the street, such as the canopy of trees. (2002, ord 02-67, sec 2.) 22-2.1 22-2 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 the purpose of displaying, vending, hawking, selling, renting or leasing any goods, wares, food, merchandise or other kinds of property. (2002, ord 02-67, sec 2.) 22-2.5 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, hand bills, posters or other related advertising material on or above any County street. Private signs and other advertising materials are prohibited and shall be subject to immediate removal by the department of public works according to the provisions of this chapter. (2002, ord 02-67, sec 2.)22-2.6 22-3 § 22-3.1H AWAI‘I C OUNTY C ODE 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 non-commercial purposes that are deemed by the director to promote public welfare. (2002, ord 02-67, sec 2; am 2005, ord 05-139, sec 2.)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 Division 2. Repealed Section 22-3.3. Repealed. (2002, ord 02-67, sec 2; rep 2005, ord 05-139, sec 3.)22-3.3 Section 22-3.4. Repealed. (2002, ord 02-67, sec 2; rep 2005, ord 05-139, sec 3.)22-3.4 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. 22-4 C OUNTY S TREETS§22-3.5 (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. (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 three feet. 22-5 § 22-3.6H AWAI‘I C OUNTY C ODE (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: (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.)22-3.6 22-6 C OUNTY S TREETS§22-3.7 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. (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 three 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. 22-7 § 22-3.8H AWAI‘I C OUNTY C ODE (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.)22-3.8 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. (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. (2002, ord 02-67, sec 2.)22-3.9 22-8 C OUNTY S TREETS§22-3.10 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 $25. (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.)22-3.10 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. 22-9 § 22-4.2H AWAI‘I C OUNTY C ODE (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. (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. 22-10 C OUNTY S TREETS§22-4.4 (c) Unless otherwise permitted by law, the applicant shall keep at least one traffic lane open for two-way vehicular traffic during the working hours of the day and at least two traffic lanes open during non-working hours. When the work interferes with a sidewalk, the applicant shall also provide for the safe passage of pedestrians including persons with disabilities around or through the work area. (d) The applicant shall be responsible for notifying all property owners/lessees who are affected by the construction at least forty-eight hours prior to commencing. (e) No material, except the trench excavated material, shall be stockpiled closer than six feet from the existing edge of pavement. (f) No construction equipment shall be parked or any materials stored in the County street in such a manner that the equipment or materials will obstruct or prohibit pedestrian and vehicular movements, including driveway movements, except during actual working hours. (g) No excavation shall be left open for more than five working days. (h) The applicant shall repair, restore, or replace all portions of a County street, including but not limited to utilities, drainage ways and structures, traffic markings and signs, driveways and private property that had been altered, broken up, dug up, disturbed, undermined, dug under or otherwise damaged during construction to a state equal to or better than its original condition. All repair, restoration or replacement work shall comply with the current requirements of the Americans with Disabilities Act, including the construction of curb cuts, accessible driveways, or other improvements for persons with disabilities. (i) Before issuing a permit, for all work with an estimated cost equal to or exceeding $20,000, the director may require a cash bond, surety company bond, or personal surety bond in favor of the County. The value of the bond shall be double the estimated cost of restoring or replacing the County street to a state equal to or better than its original condition. (j) Work must be completed within one year of the starting date shown on the permit unless otherwise specified. Failure to complete the work will result in the termination of the permit. (k) Repair, restoration or replacement of County streets, highways and sidewalks shall comply with applicable specifications and plans on file in the department of public works. Copies of these specifications and plans shall be furnished to each applicant upon making a request. (l) Driveway approaches shall be constructed or repaired according to the provisions of this chapter and applicable specifications and plans on file in the department of public works. Copies of these specifications and plans shall be furnished to each applicant upon making a request. (m) Upon completion of the work, the applicant shall immediately remove all equipment and materials and shall leave the work area in a clean, safe and sanitary condition satisfactory to the director. (n) All restoration and repair work of the pavement, shoulders, and any other County facilities shall be guaranteed by the applicant against any defects for a period of one year from the date of final inspection. (2002, ord 02-67, sec 2.)22-4.4 22-11 § 22-4.5H AWAI‘I C OUNTY C ODE Section 22-4.5. Construction permit; fees. Upon submission of an application, construction permit processing fees shall be paid as follows: (1) For County street excavation, including sidewalk restoration, a fee of fifty cents per lineal foot for the first fifty feet of work and an additional five cents per lineal foot for work in excess of fifty feet, but no fee shall be less than $25. (2) For driveway approaches a fee of $25 for each driveway approach. (3) For all other work, construction, or installations within a County street a fee of $25. (4) Fees shall be waived for permits issued to or on behalf of Federal, State and County agencies including the department of water supply. (2002, ord 02-67, sec 2.)22-4.5 Division 2. Sidewalk Standards. Section 22-4.6. Maintenance of sidewalk area. (a) Every owner of land abutting on or adjoining any County street shall, at their own expense, maintain the sidewalk area and the portions of their properties that adjoin the sidewalks by trimming, cutting, pruning, mowing, sweeping or using other methods to control landscape plants, weeds, noxious growths, trash, debris or other materials that would damage the sidewalk area or interfere with or inconvenience pedestrian traffic. The sidewalk area shall include that portion of the County street between the outside face of the curb and the abutting property line. The sidewalk area shall also include the gutter when the gutter and curb are constructed as a single unit. (b) All landowners shall, at their own expense, be responsible for the repair of all damages to the sidewalk area that are attributed to the owner's abuse or failure to provide proper maintenance. The director shall determine the extent of repair or maintenance required and whether damages were caused by a lack of maintenance or abuse. (2002, ord 02-67, sec 2.)22-4.6 Section 22-4.7. Sidewalk repair. All repair work shall be performed in accordance with the requirements of this chapter. (2002, ord 02-67, sec 2.)22-4.7 Division 3. Driveway Approach Standards. Section 22-4.8. Proper driveway approach required. (a) No County street shall be used for ingress or egress to a property without a properly located and constructed driveway approach. 22-12 C OUNTY S TREETS§22-4.8 (b) All driveway approaches shall be constructed in accordance with this chapter except for those County streets that do not have curbs and sidewalks and are fully paved from the lateral line of the roadway up to the property line. (2002, ord 02-67, sec 2.)22-4.8 Section 22-4.9. Standards for driveway approaches. (a) Width of driveway approach. (1) Except for commercial and industrial uses, driveway approaches shall not exceed thirty-six feet in width, including flares. This width shall be measured along the outside face of the curb or the lateral line of the roadway. (2) Driveway approaches for commercial and industrial uses may be wider than thirty-six feet in width, including flares, if designed by an engineer and approved by the director. (b) Common driveway approaches. (1) The director may permit the creation of a common driveway approach for separate parcels when requested by the affected property owners. (2) Except for commercial and industrial uses, common driveway approaches shall not exceed thirty-six feet in width, including flares. This width shall be measured along the outside face of the curb or the lateral line of the roadway. (c) Distance between driveway approach and property lines. Except for a common driveway approach, no portion of a driveway approach, including flares, shall be constructed closer than two feet from the extension of any property line dividing two lots except where a property frontage is less than twenty feet, in which case the flared portions of the driveway may go beyond the property line extension. (d) Location of driveway approaches at intersections. (1) Intersections without a traffic signal system. (A) Except for commercial and industrial uses, no portion of the driveway approach including flares shall be constructed within thirty feet of the intersection of property lines or their extensions. However, if the property corner at the County street intersection is defined by a curve having a radius of greater than thirty feet, no portion of the driveway approach including flares shall be constructed within the curve. (B) For commercial and industrial uses, no portion of the driveway approach including flares shall be constructed within seventy-five feet of the intersection of property lines or their extensions. However, if the property corner at the County street intersection is defined by a curve having a radius of greater than seventy-five feet, no portion of the driveway approach including flares shall be constructed within the curve. 22-13 § 22-4.9H AWAI‘I C OUNTY C ODE (2)Intersections with a traffic signal system. No portion of the driveway approach including flares shall be constructed within seventy-five feet of the intersection of property lines or their extensions. However, if the property corner at the County street intersection is defined by a curve having a radius of greater than seventy-five feet, no portion of the driveway approach, including flares, shall be constructed within the curve. (3) If a property does not have sufficient County street frontage to comply with the intersection location requirements, the driveway shall be located as far from the intersection as possible. A plot plan showing the location of the driveway shall be submitted to the director for review and approval. (e) Maximum number of driveway approaches. (1) Except for commercial and industrial uses, no property shall have more than two driveway approaches. A common driveway approach shall be counted as one of the two driveway approaches. Two driveway approaches will be allowed if they meet the width, spacing and location requirements of this chapter. (2) For commercial and industrial uses, multiple driveway approaches shall be designed by an engineer and approved by the director. (f) Spacing between driveway approaches. (1) When more than one driveway approach is to be constructed for a property, there shall be a minimum space of thirty feet between approaches. (g) Public facilities. (1) No driveway approach shall interfere with any existing public facilities located within a County street. Typical public facilities include street lighting poles, traffic signal poles and equipment, signs, catch-basins, fire hydrants, crosswalks, parking spaces and meters, bus loading zones, utility poles, underground public utilities and other related public structures or improvements within a County street. (2) If a proposed driveway approach interferes with an existing public facility, the owner of the property using the driveway approach shall bear the expense of removing, reconstructing or relocating the facility. This work shall be performed according to the provisions of this chapter. (3) If a proposed public facility interferes with an existing driveway approach, the owner of the public facility shall bear the expense of removing, reconstructing or relocating the driveway approach and its related improvements, including paying for all damages resulting from the work and restoring all improvements to a state equal to or better than its original condition. 22-14 C OUNTY S TREETS§22-4.9 (4)Culverts, swales and other drainage improvements. No driveway approach shall interfere with the proper runoff of surface waters into, or passage of waters through existing drainage culverts, swales, ditches, watercourses, defiles, or depressions. When in the construction of a driveway approach, the proper runoff of surface waters and other waters require the construction of a drainage structure other than a swale, such drainage structure shall be designed by an engineer and subject to the approval of the director. (2002, ord 02-67, sec 2.)22-4.9 Section 22-4.10. Maintenance of driveway approaches. All landowners shall, at their own expense, maintain and repair their driveway approach such that it does not cause a hazard to, interfere with or inconvenience vehicular or pedestrian traffic. Maintenance shall also include drainage structures or other improvements that are integrated or included as part of the driveway approach. These responsibilities shall continue until the driveway approach is removed and the area restored to a condition approved by the director. (2002, ord 02-67, sec 2.)22-4.10 Article 5. Addresses. Division 1. Street Names. Section 22-5.1. Posting street names at intersections. The director shall post the official County names where two or more County streets intersect. (2002, ord 02-67, sec 2.)22-5.1 Section 22-5.2. Adoption of street names. The authority to name and to approve the change of names for all streets including private and State owned streets, within the County, shall be the responsibility of the planning director to be exercised in accordance with administrative rules and regulations established by the planning department. The planning director may devise a method of adding numbers or letters to street names to show their orderly progression and/or direction. The number or letter will be in addition to the street name. (2002, ord 02-67, sec 2.)22-5.2 Section 22-5.3. Street name repository. The planning department shall serve as a repository for all official street names. (2002, ord 02-67, sec 2.)22-5.3 22-15 § 22-6.1H AWAI‘I C OUNTY C ODE Division 2. Reserved. Article 6. Speed Humps. Section 22-6.1. Powers and duties of director. The director may: (1) Construct, place, approve, remove and repair speed humps on County streets when deemed necessary for public safety. (2) Grant or deny requests from the public pursuant to this chapter and in accordance with the administrative rules and regulations governing speed humps on County streets. (2002, ord 02-67, sec 2.)22-6.1 Section 22-6.2. Requests for approval. All requests for speed humps must provide: (1) The name of the County street on which the speed humps are to be placed. (2) The proposed location of the speed humps for the highway mentioned in subsection (1). (3) Petition of the property owners whose property abuts the County street within five hundred feet of the proposed speed hump, in support of the speed hump. (2002, ord 02-67, sec 2.)22-6.2 Section 22-6.3. Process for approval. The director shall review all requests for approval for location, design and construction to ensure that they meet the guidelines as established in the “Guidelines for the Design and Application of Speed Humps,” Institute of Transportation Engineers, May 1993, or as subsequently revised. (2002, ord 02-67, sec 2.)22-6.3 Article 7. Variances. Section 22-7.1. Variances; application. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfare, a request for a variance may be submitted to the director for consideration. (b) Variance applications shall be submitted upon a form designated by the director and shall include the following information and attachments: (1) Property owner’s name, phone number, and mailing address. (2) Tax map key number of the affected property. (3) A map showing: (A) The location of the driveway. (B) The location of all structures on the property. (4) Code section from which a variance is requested. 22-16 C OUNTY S TREETS§22-7.1 (5) Explanation of the applicant’s unique circumstances and why consequently, compliance with the applicable code section would be difficult or cause an unnecessary hardship. (6) Explanation of alternative measures that applicant is proposing to take in lieu of compliance with the applicable code section. (7) Evidence that desired relief may be granted without detrimentally affecting the public interest. (2002, ord 02-67, sec 2.)22-7.1 Section 22-7.2. Variances; criteria for granting. Only in situations where all of the following conditions exist may a variance be granted by the director: (1) A grant of a variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance. (2) Granting the variance will not adversely affect the rights of adjacent property owners or tenants. (3) Granting the variance will not violate the interest, safety, convenience, or general welfare of the public. (4) A strict application of the terms of this chapter would result in unnecessary hardship and practical difficulty upon the applicant or community. (2002, ord 02-67, sec 2.)22-7.2 Section 22-7.3. Variance application fees. (a) Upon submission of an application for a variance provided for in this article, applicants shall submit a processing fee of $25. (b) Fees shall be waived for any variance applied for by a Federal, State or County agency including the department of water supply. (2002, ord 02-67, sec 2.)22-7.3 Article 8. Violations, Penalties, Enforcement. Section 22-8.1. Violations. Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any permit or variance from the provisions of this chapter, shall constitute a violation of this chapter. (2002, ord 02-67, sec 2.)22-8.1 22-17 § 22-8.2H AWAI‘I C OUNTY C ODE Section 22-8.2. Administrative enforcement. (a) In lieu of or in addition to enforcement pursuant to the provisions of this chapter, if the director determines that any person is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any conditions imposed as part of any permit or variance from the provisions of this chapter, the director shall serve the person with a notice of violation and order pursuant to this section. Service may be accomplished through personal service or by certified mail. The director may also post a copy of the notice of violation and order at the site of the violation. (b) The notice of violation shall include at least the following information: (1) Date of the notice. (2) Name and address of the person noticed. (3) Section number of the provision, rule, permit, or variance that was violated. (4) Nature of the violation. (5) Location and date of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation. (2) Correct the violation at the person’s own expense before a date specified in the order. (3) Reimburse the County for costs incurred during the course of performing any corrective work. (4) Pay a civil fine not exceeding $1,000 in the manner, at the place and before the date specified in the order. (5) Pay a civil fine not exceeding $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (d) The order shall become final thirty calendar days after the person’s receipt of the order, unless the director’s decision is appealed to the County board of appeals within the thirty-day period. (e) The provisions of the order issued by the director under this section shall become final thirty days after the receipt of the order, unless the director’s action is appealed to the County board of appeals as provided in this section. (f) Any person adversely affected by any order issued under this section, may within thirty days after the service of the order, appeal the order to the County board of appeals. An appeal to the County board of appeals shall stay the provisions of the director’s order pending the final decision of the board. (g) The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine, recover County costs, or both, as imposed by said order, the director need only show that: (1) The notice of violation and order were served. (2) That a civil fine, County costs, or both were imposed. (3) The amount of the civil fine, County costs, or both imposed. (4) That the fine, County costs, or both imposed have not been paid. (2002, ord 02-67, sec 2.)22-8.2 22-18 C OUNTY S TREETS§22-8.3 Section 22-8.3. Criminal prosecution. (a) This section shall not apply to violations of article 3 of this chapter. (b) Any person whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be punished by a fine not exceeding $1,000. (c) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (d) The imposition of a fine under this section shall be controlled by the provisions of the Hawai‘i Penal Code relating to fines, sections 706-641 through 706-645, Hawai‘i Revised Statutes. (e) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (f) Any authorized personnel issuing a summons or citation for a violation of this article may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and at a time provided in the summons or citation. (g) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this article which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State of Hawai‘i and the County of Hawai‘i. (h) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. (i) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (2002, ord 02-67, sec 2.)22-8.3 Section 22-8.4. Injunctive action. The County of Hawai‘i may maintain an action for an injunction to restrain any violation of the provisions of this article and may take any other lawful action to prevent or remedy any violation. (2002, ord 02-67, sec 2.)22-8.4 22-19 § 22-8.5H AWAI‘I C OUNTY C ODE Section 22-8.5. Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the director determines that a violation of this chapter will cause imminent peril to the public health and safety, the director, without a public hearing, may order the responsible persons to immediately cease their activities, and may perform all necessary work and other actions as may be necessary to correct the violation. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the hearings officer. (b) Nothing in this section shall be construed to limit any power authorized by law which the director or any other County official may have to declare an emergency and act on the basis of such declaration. (2002, ord 02-67, sec 2.)22-8.5 Section 22-8.6. Corrective work by the County; costs. (a) When the director determines that a violation of this chapter will cause imminent peril to the public health and/or safety, the department of public works may perform all necessary work to correct the violation. This work may include, but may not be limited to, clearing or removing of encroachments and obstructions, removal of equipment, materials, goods, wares or merchandise found within a County street, repair and maintenance of sidewalk areas and driveway approaches, barricading of illegal driveways and installing building numbers. (b) All costs incurred during the course of performing any corrective work shall be paid by the violator. The department of public works shall give, by certified mail, a bill to the violator. The violator shall then have thirty days from the date of mailing to pay the bill. (c) Should the violator fail to make full legal payment within thirty days, the County may use all legal means available to recover its expenses and costs of clearing by any action allowed in law or equity. (d) Signs, banners, equipment, goods, wares, merchandise and other private items removed by the department of public works will be stored at the nearest County highway maintenance baseyard. Owners may recover removed items during the normal working hours of the baseyard. The County will not be responsible for the safekeeping or proper storage of these items. At the end of the calendar year all items shall be appropriately disposed or discarded no matter when they were removed during the calendar year. (2002, ord 02-67, sec 2.)22-8.6 22-20 C OUNTY S TREETS§22-8.7 Section 22-8.7. Limited liability of authorized personnel. The authorized personnel charged with the enforcement of this article, acting in good faith and without malice in the discharge of the duties required by this article or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this article or other pertinent laws or ordinances implemented through the enforcement of this article shall be defended by the County of Hawai‘i until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. (2002, ord 02-67, sec 2.)22-8. Section 22-8.8. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. (2002, ord 02-67, sec 2.)22-8.8 Article 9. Legal Compliance and Rulemaking. Section 22-9.1. Compliance with this chapter and other laws. Any approval or permit issued pursuant to the provisions of this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or variance under this chapter does not dispense with the necessity to comply with any law, ordinance, regulation or any other provision of the Hawai‘i County Code to which a permittee may also be subject. (2002, ord 02-67, sec 2.)22-9.1 Section 22-9.2. Adoption of rules. The director may adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of this chapter. (2002, ord 02-67, sec 2.)22-9.2 22-21 This page intentionally left blank. CHAPTER 23 SUBDIVISIONS Article 1. General Provisions. Section 23-1. Title. Section 23-2. Scope of chapter. Section 23-3. Definitions. Section 23-4. Penalty. Section 23-5. Appeals. Article 2. Administration. Division 1. General Provisions. Section 23-6. Applicability of State and County general plans. Section 23-7. Applicability to consolidation or resubdivision action. Section 23-8. Issuance of building permits; zoning code. Section 23-9. Permits for installation of service utilities; subdivision approval. Section 23-10. Acceptance of highways; compliance with chapter. Section 23-11. Public utility or public rights-of-way subdivisions. Section 23-12. Submission of application and plans; filing. Section 23-13. Large scale developments. Division 2. Variances. Section 23-14. Variances. Section 23-15. Grounds for variances. Section 23-16. Applications for variances. Section 23-17. Procedures for variances. Section 23-18. Actions on variances. Section 23-19. Repealed. Section 23-20. Repealed. Section 23-21. Repealed. Article 3. Design Standards. Division 1. General Provisions. Section 23-22. Compliance with design standards required. Section 23-23. Compliance with State and County regulations required. Section 23-24. Special building setback lines. Section 23-25. Monuments. i Section 23-26. Reservation for parks, playgrounds, and public building sites. Section 23-27. Cemeteries and crematoriums; exemption. Division 2. Blocks. Section 23-28. Block general design. Section 23-29. Block sizes. Section 23-30. Drainage easements. Section 23-31. Pedestrian ways. Division 3. Lots. Section 23-32. Lot size, shape, and setback line. Section 23-33. Minimum lot sizes. Section 23-34. Access to lot from street. Section 23-35. Lot side lines. Section 23-36. Through lots; planting screen easement. Section 23-37. Lot suitable for intended use; inundation area. Section 23-38. Large lot subdivision. Division 4. Street Design. Section 23-39. Creation of streets; conditions for approval. Section 23-40. Street location and arrangement; general requirements. Section 23-41. Minimum right-of-way and pavement widths. Section 23-42. Reserve strip; street plug. Section 23-43. Alignment. Section 23-44. Future extensions of streets. Section 23-45. Intersection angles; corner radius. Section 23-46. Improvement of existing streets. Section 23-47. Half streets. Section 23-48. Cul-de-sacs. Section 23-49. Street names. Section 23-50. Grades and curves. Section 23-51. Protection from existing or proposed arterial streets. Section 23-52. Alleys. Section 23-53. Private streets. Division 5. Utilities. Section 23-54. Utilities location within streets and State highways. Section 23-55. Location of utilities within street impractical; alternative. Section 23-56. Easements for utilities; size; conveyance. ii Article 4. Application for Subdivision and Preliminary Plat. Division 1. General Provisions. Section 23-57. Where information obtainable. Section 23-58. Application for subdivision; plat and plans submitted by subdivider. Section 23-58.1. Posting of signs for public notification. Section 23-58.2. Publication of notices. Section 23-59. Size and scale of plat. Section 23-60. Application fees for subdivision plans. Section 23-61. Review of plat. Section 23-62. Tentative approval of preliminary plat. Division 2. Contents of Preliminary Plat. Section 23-63. General information on preliminary plat. Section 23-64. Existing conditions shown on preliminary plat. Section 23-65. Proposed plan of land partitioning on preliminary plat. Section 23-66. Explanatory information on preliminary plat. Article 5. Final Plat. Section 23-67. Time limit for completing final plat. Section 23-68. Drafting of final plat. Section 23-69. Information required on final plat. Section 23-70. Supplemental information with final plat. Section 23-71. Subdivision not involving streets, drains, or utilities. Section 23-72. Filing of final plat. Section 23-73. Technical review. Section 23-74. Final approval of plat. Section 23-75. Change after approval. Section 23-76. No conveyance of land prior to approval for recordation. Section 23-77. Recordation of final plat. Section 23-78. Release of surety after final approval. Article 6. Improvements. Division 1. Construction. Section 23-79. Construction plans; contents; review. Section 23-80. Construction required for final approval. Section 23-81. Final approval before construction completed; bond required. Section 23-82. Agreement to provide improvements and utilities. Section 23-83. Bond. iii Division 2. Improvements Required. Section 23-84. Water supply. Section 23-85. Sewage disposal systems. Section 23-86. Requirements for dedicable streets. Section 23-87. Standard for nondedicable street; escrow maintenance fund. Section 23-88. Nondedicable street; private dead-end street. Section 23-89. Sidewalks. Section 23-90. Pedestrian way. Section 23-91. Curbs and gutters. Section 23-92. Drainage, flood, and erosion mitigation measures. Section 23-93. Street lights. Section 23-94. Street name and traffic signs. Section 23-95. Right-of-way improvement. Section 23-95.1. Improvements for resort subdivision. Article 7. Inspection and Certification. Section 23-96. Inspection by director of public works and manager. Section 23-97. Inspection fee. Section 23-98. Notice before beginning work; inspections; certification. Article 8. Safety Flood Hazard District Requirements. Section 23-99. Tentative approval of plan for subdivision in SF district. Section 23-100. New utilities in SF district. Section 23-101. Water systems in SF district. Section 23-102. Sewage disposal facility in SF district. Article 9. Plantation Community Subdivision. Section 23-103. Plantation community subdivision. Section 23-104. Criteria. Section 23-105. Designation as a plantation community. Section 23-106. Notice. Section 23-107. Appeals. Section 23-108. Infrastructure. Section 23-109. Lots. Section 23-110. Agriculture district. Section 23-111. Procedure. iv Article 10. Farm Subdivisions. Section 23-112. Purpose. Section 23-113. Definitions. Section 23-114. Restrictions, requirements and standards for farm subdivision. Section 23-115. Nullification. Section 23-116. Procedure. Article 11. Pre-Existing Lots. Section 23-117. Purpose. Section 23-118. Criteria to determine a pre-existing lot. Section 23-119. Proof. Section 23-120. Use of certain pre-existing lots in consolidation and resubdivision. Article 12. Condominium Property Regimes. Section 23-121. Purpose. Section 23-122. Definitions. Section 23-123. Applicability. Section 23-124. Approval required. Section 23-125. Submission of preliminary map. Section 23-126. Standards of review. Section 23-127. Common elements. Section 23-128. Maximum number of units. Section 23-129. Minimum building site area and unit dimensions. Section 23-130. Minimum unit dimensions. Section 23-131. Tentative approval. Section 23-132. Final approval if no infrastructure required. Section 23-133. Construction plans. Section 23-134. Final approval. Section 23-135. Conformance with conditions of approval required. Section 23-136. Final condominium map. Section 23-137. No change in condominium after approval. Section 23-138. Effect of condominium map approval. Section 23-139. Development as a PUD or CPD. Section 23-140. Exemptions. Section 23-141. Assessments and rollback taxes on condominiums. Section 23-142. Effect of modification of state law. Section 23-143. No retroactive effect. v This page intentionally left blank. S UBDIVISIONS § 23-1 CHAPTER 23 SUBDIVISIONS Article 1. General Provisions. Section 23-1. Title. This chapter may be cited as the subdivision control code. (1983 CC, c 23, art 1, sec 23-1.)23-1 Section 23-2. Scope of chapter. As authorized by section 62-34(7),* Hawai‘i Revised Statutes, as amended, and applicable ordinances, all subdivision plats and all streets or ways within the County created for the purpose of partitioning land shall be approved by the director in accordance with this chapter. (1983 CC, c 23, art 1, sec 23-2.)23-2 * Editor’s Note: Chapter 62, Hawai‘i Revised Statutes was repealed and replaced with chapter 46. Section 23-3. Definitions. Whenever used in this chapter, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: (1) “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. (2) “Arterial” means a street of considerable continuity, which is primarily a traffic artery for intercommunication between or through large areas. (3) “Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected. (4) “Bureau of conveyances” means a bureau in the department of land and natural resources, State of Hawai‘i, where subdivisions meeting the requirements of this chapter may be filed. (5) “City of Hilo” means that portion of the district of South Hilo, County of Hawai‘i, which is described as follows: Bounded on the south by the district of Puna; bounded north by the ahupua‘a of Paukaa in the district of South Hilo; and on the east by the sea. (6) “Conforming” means compliance with the requirements of the applicable zoning district, including minimum building site area and minimum dimensions. (7) “Consolidation” means the combining of two or more lots into one lot. (8) “County general plan” means the plan adopted by the County for the guidance of growth and improvement of the County, including modifications or refinements which may be made from time to time. 23-1 § 23-3 H AWAI‘I C OUNTY C ODE (9) “Cul-de-sac” and “dead-end street” mean a street with only one end open to traffic. (10) “Director” means the planning director of the County. (11) “Director of transportation” means the director of the State department of transportation. (12) “District engineer” means the district engineer of the division of highways of the State department of transportation for the County. (13) “Easement” means a grant of the right to use a strip of land for specific purposes. (14) “Engineer” means a person duly registered as a professional civil engineer in the State. (15) (A) “Lot” means a parcel of land intended as a unit for transfer of ownership or for development. (B) “Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. (C) “Reversed frontage lot” means a lot situated between an existing or proposed arterial street and a minor street with frontage and access being derived from the minor street. (D) “Through lot” means a lot having a frontage on two parallel or approximately parallel streets other than alleys and access being derived from either of the two streets. (16) “Manager” means the manager-chief engineer of the department of water supply of the County. (17) “Parkway” means a road, street or highway that provides a traffic artery which provides for movement of traffic in opposite directions on either side of a dividing island or medial strip and is designated for through traffic. (18) “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. (19) “Person” means an individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, including any trustee, receiver, assignee, or other similar representative thereof. (20) “Plat” means the map or drawing on which the subdivider’s plan of subdivision is presented and which he submits for approval. (21) “Pre-existing lot” means a specific area of land that will be treated as a legal lot of record based on criteria set forth in this chapter. (22) “Reserve strip” means a nonaccess reservation, placed under public control with conditions approved by the director, along rear property lines of reverse frontage lots. (23) “Resort subdivision” means land which: (A) is within a resort area as designated in the County general plan document or on the Land Use Pattern Allocation Guide (LUPAG) Map; (B) is zoned resort-hotel by the zoning code; or (C) is adjacent to land described in (A) or (B) and whose only ingress and egress is through land described in (A) or (B). 23-2 S UBDIVISIONS § 23-3 (24) “Right-of-way” means the area between property boundary lines for use as a street or as a drainage or utility easement. (25) “Roadway” means the portion of a street right-of-way developed for vehicular traffic. (26) “Sanitary engineer” means the sanitary engineer of the State department of health for the County. (27) “Sidewalk” means a surfaced walkway for pedestrian traffic. (28) (A) “Street” means the entire width between the boundary lines of every public way provided for public use, for vehicular and pedestrian traffic, and the placement of utilities, and includes a road, boulevard, highway, land, place, avenue, lane, court, or alley. (B) “Business or industrial street” means a street providing primary access to business or industrial lots. (C) “Collector street” means a street supplementary to the arterial street system which is a means of intercommunication between this system and smaller areas, and which may be used to some extent for through traffic and to some extent for access to abutting properties. (D) “Half street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is to be provided in another subdivision. (E) “Marginal access street” or “service road” means a minor street, parallel and adjacent to an arterial, providing access to abutting properties, but protected from through traffic. (F) “Minor street” means a street intended exclusively for access to abutting property. (G) “Private street” means a street providing primary access to land, retained in private ownership. (29) “Street plug” means a reservation for street purposes, placed under public control under conditions approved by the director, for the extension of streets from a subdivision into adjacent lands that may be subdivided in the future. (30) “Subdivided land” means improved or unimproved land or lands divided into two or more lots, parcels, sites, or other divisions of land for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to or interest in, any or all such parcels, includes re-subdivision, and when appropriate to the context, relates to the process of subdividing of the land or territory subdivided. Easements for the purpose of road and utilities shall not be construed as subdivided land. (31) “Subdivider” means a person or any combination of persons who cause land to be divided into a subdivision. (32) “Surveyor” means a person duly registered as a professional land surveyor in the State. (1983 CC, c 23, art 1, sec 23-3; am 1992, ord 92-138, sec 2; am 2001, ord 01-108, sec 8; am 2002, ord 02-110, sec 2; am 2009, ord 09-118, sec 15; am 2011, ord 11-103, sec 7.)23- 3 23-3 § 23-4 H AWAI‘I C OUNTY C ODE Section 23-4. Penalty. Any person violating or failing to comply with the provisions of this chapter shall be sentenced by a fine not exceeding $500. The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. (1983 CC, c 23, art 1, sec 23-4.)23-4 Section 23-5. Appeals. Any person aggrieved by the decision of the director in the administration or application of this chapter, may, within thirty days after the director’s decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the director, or it may reverse, modify or remand the decision if the decision is: (a) In violation of this chapter or other applicable law; or (b) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (c) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. The board of appeals shall adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of this section. (1983 CC, c 23, art 1, sec 23-5; am 1999, ord 99-111, sec 2.)23-5 Article 2. Administration. Division 1. General Provisions. Section 23-6. Applicability of State and County general plans. This chapter shall be applied and administered within the framework of the County general plan which is a long range, comprehensive, general plan prepared or being prepared to guide the overall future development of the County. The County general plan includes that portion of the State’s general plan that applies to the County, or such lesser portion thereof as the County may adopt, together with those comprehensive or general plans for sections of the County which may be adopted as amendments to or portions of the County general plan. (1983 CC, c 23, art 2, sec 23-6.)23-6 Section 23-7. Applicability to consolidation or resubdivision action. The requirements and standards of this chapter shall not apply to consolidation and resubdivision action resulting in the creation of the same or fewer number of lots than that which existed prior to the consolidation/resubdivision action; provided that the director, upon conferring with the director of public works and manager-chief engineer of the department of water supply, may require necessary improvements to further the public welfare and safety. (1983 CC, c 23, art 2, sec 23-7; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 8.)23-7 23-4 S UBDIVISIONS § 23-8 Section 23-8. Issuance of building permits; zoning code. No building permit shall be issued for any building to be erected on any lot within the area covered by any proposed subdivision unless the requirements of the zoning code are met. (1983 CC, c 23, art 2, sec 23-8.)23-8 Section 23-9. Permits for installation of service utilities; subdivision approval. The department of public works shall not issue a permit to cut a curb, tap a sewer line, or install any lighting or sewer facilities and the department of water supply shall not issue a permit to tap a water line or install any water facilities in the area covered by a proposed subdivision until such subdivision has been approved as required by the provisions of this chapter. (1983 CC, c 23, art 2, sec 23-9.)23-9 Section 23-10. Acceptance of highways; compliance with chapter. The council shall not take over, receive by dedication, do any repair or construction work upon streets or pavements, water lines, street lighting systems, sewer lines, or in any way accept as public highways any street in any subdivision opened or platted in the County after December 21, 1966, except upon full compliance with the provisions of this chapter. (1983 CC, c 23, art 2, sec 23-10.)23-10 Section 23-11. Public utility or public rights-of-way subdivisions. The requirements, including lot sizes, and standards of this chapter shall not be applicable to public utility or public rights-of-way subdivisions and their remnant parcels; provided that the director upon conferring with the director of public works and manager-chief engineer of the department of water supply may require necessary improvements to further the public welfare and safety. (1983 CC, c 23, art 2, sec 23-11; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 9.)23-11 Section 23-12. Submission of application and plans; filing. (a) A person desiring to subdivide land or desiring to partition land by creation of a street within the County shall submit an application for subdivision and preliminary and final plans and documents for approval as provided in this chapter and State law. (b) No subdivision plat may be filed with the bureau of conveyances or land court until submitted to and approved by the director. (1983 CC, c 23, art 2, sec 23-12; am 1992, ord 92-138, sec 3.)23-12 23-5 § 23-13 H AWAI‘I C OUNTY C ODE Section 23-13. Large scale developments. The director may make exceptions to this chapter where a plan and program for a complete community, a neighborhood unit, a large-scale shopping center, large industrial area development, or large agricultural area development provides adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated and covenants or other legal provisions are provided to assure conformity to and achievement of the plan. (1983 CC, c 23, art 2, sec 23-13.)23-13 Division 2. Variances. Section 23-14. Variances. Variances from the provisions of this chapter may be granted; provided, that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. (1983 CC, c 23, art 2, sec 23-14.)23-14 Section 23-15. Grounds for variances. No variance will be granted unless it is found that: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and (b) There are no other reasonable alternatives that would resolve the difficulty; and (c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area’s character or to adjoining properties. (1983 CC, c 23, art 2, sec 23-15.)23-15 Section 23-16. Applications for variances. Application for a variance shall be on a form prescribed for this purpose by the director and shall be accompanied by: (a) A filing fee of $100; (b) A description of the property in sufficient detail to determine the precise location of the property involved; (c) A plot plan of the property, drawn to scale, with all proposed structures shown thereon; (d) A list of the names and addresses of all owners and all others with property interests in property within three hundred feet of the perimeter boundary of the applicant’s property; and (e) Any other plans or information required by the director. (1983 CC, c 23, art 2, sec 23-16.)23-16 23-6 S UBDIVISIONS §23-17 Section 23-17. Procedures for variances. (a) Notice to Owners of Property Interests. Upon receipt and acceptance of a properly filed and completed application, the department shall fix a date for the director’s consideration of the application. Within three working days after receiving notice of such date, the applicant shall serve notice of the application on owners of interests in properties within three hundred feet of the perimeter boundary of the applicant’s property and to owners of interests in other properties which the director may find to be directly affected by the variance sought. Such notice shall state: (1) The name of the applicant; (2) The precise location of the property involved; (3) The nature of the use sought and the proposed accompanying structures, if any; (4) The date on which the director will consider the application; and (5) That such date is the deadline for the director’s actual receipt of written comments on the application. Prior to the deadline for written comment, the applicant shall submit to the director proof of service or of good faith efforts to serve notice of the application on the designated property owners. Such proof may consist of certified mail, receipts, affidavits, or the like. (b) Notice by Publication. At least ten calendar days prior to the date of the director’s consideration of the application, the director shall publish, in a newspaper of general circulation, notice of the application and the date by which written comments must be in the actual receipt of the director. (c) Notice by Posting of Signs. Within ten days of filing the application for a variance, the applicant shall post a sign on the subject property notifying the public of the nature of the variance, the proposed number of lots, the size of the property, the tax map key or keys of the property and that they may contact the planning department for additional information. The sign shall give the address and telephone number of the planning department. (1) The sign shall remain posted until final approval, or until the application has been rejected or withdrawn. The applicant shall remove the sign promptly after such action. (2) Notwithstanding any other provisions of law, the sign shall be not less than nine square feet and not more than twelve square feet in area, with letters not less than one inch high. No pictures, drawings, or promotional materials shall be permitted on the sign. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from said public road. If more than one public road borders the property the applicant shall post the sign to be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with chapter 3, Hawai`i County Code 1983 (2005 edition). 23-7 § 23-17 H AWAI‘I C OUNTY C ODE (3) The applicant shall file an affidavit with the planning department not more than five days after posting the sign stating that a sign has been posted in compliance with this section, and that the applicant and its agents will not remove the sign until the application has been approved, rejected or withdrawn. The affidavit shall be accompanied by a photograph of the sign in place. (1983 CC, c 23, art 2, sec 23-17; am 2005, ord 05-135, sec 3.)23-17 Section 23-18. Actions on variances. The director shall, within sixty days after the filing of a proper application or within a longer period as may be agreed to by the applicant, deny the application or approve it subject to conditions. The conditions imposed by the director shall bear a reasonable relationship to the variance granted. All actions shall contain a statement of the factual findings supporting the decision. If the director fails to act within the prescribed period, the application shall be considered as having been denied. Such denial is appealable pursuant to section 23-20* of this division. (1983 CC, c 23, art 2, sec 23-18.)23-18 * Editor’s Note: Section 23-20 was repealed. General provisions regarding appeals are set forth in section 23-5. Section 23-19. Repealed. (1983 CC, c 23, art 2, sec 23-19; rep 1999, ord 99-111, sec 3.)23-19 Section 23-20. Repealed. (1983 CC, c 23, art 2, sec 23-20; am 1984, ord 84-5, sec 1; rep 1999, ord 99-111, sec 4.)23-20 Section 23-21. Repealed. (1983 CC, c 23, art 2, sec 23-21; am 1984, ord 84-5, sec 2; rep 1999, ord 99-111, sec 5.)23-21 Article 3. Design Standards. Division 1. General Provisions. Section 23-22. Compliance with design standards required. Each subdivision and the plat thereof shall conform to the standards set forth in this article. (1983 CC, c 23, art 3, sec 23-22.)23-22 23-8 S UBDIVISIONS §23-23 Section 23-23. Compliance with State and County regulations required. Subdivisions shall conform to the County general plan and shall take into consideration preliminary plans made in anticipation thereof. Subdivisions shall conform to the requirements of State law, County department of public works, State department of health, State department of transportation, and County department of water supply requirements and the standards established by this chapter. (1983 CC, c 23, art 3, sec 23-23.)23-23 Section 23-24. Special building setback lines. If special building setback lines at variance with the provisions of chapter 25, zoning code, are established in a subdivision, they shall be shown on the subdivision plat and included in the deed restrictions. (1983 CC, c 23, art 3, sec 23-24.)23-24 Section 23-25. Monuments. Monuments approved by the director of public works shall be placed and properly coordinated with the State survey triangulation stations at all angle points or points of curvature in streets and at such intermediate points as shall be required by the director of public works. All lot and block corners shall be properly established and marked with one-half inch round galvanized pipe or equal and firmly and permanently set in the ground. (1983 CC, c 23, art 3, sec 23-25; am 2001, ord 01-108, sec 1.)23-25 Section 23-26. Reservation for parks, playgrounds, and public building sites. The subdivider of a parcel of land capable of supporting two hundred dwelling units shall reserve suitable areas for parks, playgrounds, schools, and other public building sites that will be required for the use of its residents. Five percent to ten percent of the land area, exclusive of streets, shall be reserved for recreational and public use, for a period of two years for acquisition by a public agency. Outstanding natural or cultural features such as scenic spots, water courses, fine groves of trees, heiaus, historical sites and structures shall be preserved as provided by the director. (1983 CC, c 23, art 3, sec 23-26.)23-26 Section 23-27. Cemeteries and crematoriums; exemption. The requirements and standards of subdivisions in this chapter shall not apply to cemeteries and crematoriums; provided that the use of land for cemeteries or crematoriums shall comply with zoning requirements and ordinances pertaining to the establishment of cemeteries in the County. (1983 CC, c 23, art 3, sec 23-27.)23-27 23-9 § 23-28 H AWAI‘I C OUNTY C ODE Division 2. Blocks. Section 23-28. Block general design. The lengths, widths, and shapes of blocks shall be designed with regard to providing adequate building sites suitable to the use contemplated, needs for convenient access, circulation, control, and safety of street traffic, and limitations and opportunities of topography. (1983 CC, c 23, art 3, sec 23-28.)23-28 Section 23-29. Block sizes. (a) Blocks shall not exceed two tiers of lots in width and thirteen hundred feet in length, except for: (1) Blocks adjacent to arterial streets; or (2) When the previous adjacent layout or topographical conditions justify a variation. Long blocks shall be provided adjacent to arterial streets to reduce the number of intersections. The recommended minimum distance between intersections on arterial streets is eighteen hundred feet. Longer blocks shall be used when possible. (b) Blocks shall not be less than four hundred feet in length. (c) The desired length for normal residential blocks is from eight hundred to one thousand feet. When the layout is such that sewers will be installed or easements for future sewer lines are provided along rear lot lines, the block should not exceed eight hundred feet in length. (1983 CC, c 23, art 3, sec 23-29.)23-29 Section 23-30. Drainage easements. Where a subdivision is traversed by a natural water course, drainage way, channel, or stream, there shall be provided a drainage easement or drainage right-of-way conforming substantially with the lines of such water course, and of such further width as will be adequate for the purpose. Streets or parkways parallel to water courses may be required. (1983 CC, c 23, art 3, sec 23-30.)23-30 Section 23-31. Pedestrian ways. In any block over seven hundred fifty feet in length, the director may require creation of a pedestrian way to be constructed to conform to standards adopted by the department of public works at or near the middle of the block. If unusual conditions require blocks longer than thirteen hundred feet, two pedestrian ways may be required. The pedestrian way shall be dedicated for public use and shall have a minimum width of ten feet. (1983 CC, c 23, art 3, sec 23-31.)23-31 23-10 S UBDIVISIONS §23-32 Division 3. Lots. Section 23-32. Lot size, shape, and setback line. The lot size, width, shape, and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, the type of development and uses contemplated and in conformance with the provisions of chapter 25, zoning code. (1983 CC, c 23, art 3, sec 23-32.)23-32 Section 23-33. Minimum lot sizes. (a) The minimum sizes of various types of lots shall be in conformance with the provision of chapter 25, zoning code, and shall be adequate to provide for the off- street service and parking facilities required by the type of use and development contemplated. (b) Where property will not be served by a public sewer, lot sizes for sewage disposal systems shall conform to the requirements of the State health department and shall take into consideration problems of water supply and sewage disposal. (1983 CC, c 23, art 3, sec 23-33.)23-33 Section 23-34. Access to lot from street. Each subdivided lot shall abut upon a public street or approved private street. No lot shall be platted without access on a street. The director may indicate the side or sides of any lot from which driveway access shall be permitted or prohibited. (1983 CC, c 23, art 3, sec 23-34.)23-34 Section 23-35. Lot side lines. The side lines of a lot shall run at right angles to the street upon which the lot faces, or on a curved street they shall be radial to the curve, as far as practicable. (1983 CC, c 23, art 3, sec 23-35.)23-35 Section 23-36. Through lots; planting screen easement. (a) Through lots shall be avoided except where essential to: (1) Provide separation of residential development from major traffic arteries or adjacent nonresidential activities; or (2) Overcome specific disadvantages of topography or orientation. (b) A planting screen easement of at least ten feet, across which there shall be no right of access, may be required along through lot lines abutting a traffic artery or other disadvantageous use. A through lot with planting screens shall have a minimum average depth of one hundred twenty-five feet. (1983 CC, c 23, art 3, sec 23-36.)23-36 23-11 § 23-37 H AWAI‘I C OUNTY C ODE Section 23-37. Lot suitable for intended use; inundation area. A lot shall be suitable for the purposes for which it is intended to be sold. No area subject to periodic inundation which endangers the health or safety of its occupants may be subdivided for residential purposes. (1983 CC, c 23, art 3, sec 23-37.)23-37 Section 23-38. Large lot subdivision. In subdividing tracts into large lots which at some future time are likely to be resubdivided, the director may require that the blocks shall be of such size and shape, be so divided into lots, and contain such building site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any parcel into lots of smaller size. (1983 CC, c 23, art 3, sec 23-38.)23-38 Division 4. Street Design. Section 23-39. Creation of streets; conditions for approval. (a) The creation of a street shall be in compliance with requirements for subdivision. (b) The director shall approve the creation of a street provided that any of the following conditions exist: (1) The establishment of the street is initiated by the council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street; (2) The tract in which the street is to be dedicated is an isolated ownership of one acre or less; or (3) The tract in which the street is to be dedicated is an isolated ownership of a size and with special existing physical conditions which make it impractical to develop more than three lots. (1983 CC, c 23, art 3, sec 23-39.)23-39 Section 23-40. Street location and arrangement; general requirements. The location, width, and grade of a street shall conform to the County general plan and shall be considered in its relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of land to be served by the street. Where the location is not shown in the County general plan, the arrangement of a street in a subdivision shall either: (a) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or (b) Conform to a plan for the neighborhood which has been approved or adopted by the director to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical. (1983 CC, c 23, art 3, sec 23-40.)23-40 23-12 S UBDIVISIONS §23-41 Section 23-41. Minimum right-of-way and pavement widths. (a) Unless otherwise indicated on the County general plan, the width of a street in feet shall not be less than the minimums shown in the following table: Minimum Type of Street Pavement Right-of-Way Parkways 300 feet 24 feet Primary arterials 120 feet 24 feet 60 feet (urban) Secondary arterials 80 feet 24 feet (rural) 24 feet (agricultural) 36 feet (urban) Business & industrial streets 60 feet 24 feet (rural) 24 feet (agricultural) 24 feet (urban) Collector streets 60 feet 20 feet (rural) 20 feet (agricultural) 20 feet (urban) Minor streets 50 feet 20 feet (rural) 20 feet (agricultural) 20 feet (urban) Cul-de-sac and dead-end streets 50 feet 20 feet (rural) 20 feet (agricultural) 35 feet (urban) Radius for turn-around 45 feet 35 feet (rural) at end of cul-de-sac 35 feet (agricultural) 20 feet (urban) Alleys 20 feet 20 feet (rural) 20 feet (agricultural) (b) When sidewalks, curbs, and gutters are required, pavements in collector streets in urban areas shall be thirty-six feet wide and pavements in minor and dead-end streets in urban areas shall be thirty-two feet wide. (1983 CC, c 23, art 3, sec 23-41.)23-41 Section 23-42. Reserve strip; street plug. A reserve strip or street plug controlling the access to a street shall not be approved unless: (1) it is necessary for the protection of the public welfare or of substantial property rights; and (2) the control and disposal of the land composing such strips is placed definitely within the jurisdiction of the County or State under conditions approved by the director. (1983 CC, c 23, art 3, sec 23-42.)23-42 23-13 § 23-43 H AWAI‘I C OUNTY C ODE Section 23-43. Alignment. (a) As far as practical, a street shall be aligned with an existing street by continuation of the centerline thereof. The staggering of streets making “T” intersections shall be designed and adjusted with curves and diagonals, so that jogs are not less than one hundred fifty feet measured along the centerline of the through street. (b) If it is not possible to align a street of a new subdivision with an existing street of an adjacent tract, short jogs may be avoided by establishing reverse curves in the road alignment within a block. Such reverse curves shall be separated from the existing road right-of-way by a tangent, a minimum of fifty feet long to the beginning or end of the curve. Reverse curves shall be avoided in districts zoned commercial and industrial in chapter 25, zoning code. (1983 CC, c 23, art 3, sec 23-43.)23-43 Section 23-44. Future extensions of streets. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, a street shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved without a turn-around. A reserve strip and street plug may be required to preserve the objectives of a street extension. (1983 CC, c 23, art 3, sec 23-44.)23-44 Section 23-45. Intersection angles; corner radius. (a) Streets shall be laid out to intersect at right angles except where topography requires a lesser angle, but the angle shall not be less than sixty degrees unless there is a special intersection design. (b) Intersections which are not at right angles shall have a minimum corner radius of twenty-five feet along the right-of-way lines of the acute angle. All other right-of- way lines at these intersections shall have a corner radius of not less than twenty feet. If unusual topographical conditions exist that will impair sight distances and create a traffic hazard, the director of public works may specify a larger corner radius. (1983 CC, c 23, art 3, sec 23-45.)23-45 Section 23-46. Improvement of existing streets. When an existing street adjacent to or within a tract is not of the width required by this chapter additional rights-of-way shall be provided at the time of subdivision. (1983 CC, c 23, art 3, sec 23-46.)23-46 Section 23-47. Half streets. (a) A half street shall not be permitted except: (1) Where essential to the reasonable development of a subdivision; (2) When it is in conformance with other provisions of this chapter; and (3) When the director is shown clear evidence that the adjoining parcels will be developed and that dedication of the other half will be made when the adjoining property is subdivided. 23-14 S UBDIVISIONS §23-47 (b) Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract. (c) Reserve strips and street plugs may be required to preserve the objectives of a half street. (1983 CC, c 23, art 3, sec 23-47.)23-47 Section 23-48. Cul-de-sacs. (a) A cul-de-sac shall be as short as possible and shall not be more than six hundred feet in length nor serve more than eighteen lots; provided that longer streets may be approved by the director when unusual conditions exist. (b) All cul-de-sacs shall terminate with a circular turn-around of forty-five feet radius, except that a T-turn-around or other suitable turn-around may be permitted, if in the opinion of the director, this type of turn-around meets the requirements of the situation. (1983 CC, c 23, art 3, sec 23-48.)23-48 Section 23-49. Street names. No street name shall be used which may duplicate or may be confused with the name of an existing street in the County, provided that identical or similar names may be used to name extensions of existing streets. Street names shall conform to the adopted policy of the County and shall be subject to the approval of either the windward or leeward planning commission, or both acting jointly, as provided in the Charter, and shall further require adoption by the council. (1983 CC, c 23, art 3, sec 23-49; am 1984, ord 84-68, sec 2; am 2009, ord 09-118, sec 16.) 23-49 Section 23-50. Grades and curves. (a) A grade of a street shall be a reasonable minimum but in no case be less than one- half of one percent and shall not exceed seven percent on major arterials, eight percent on secondary arterials, ten percent on collector streets, or twelve percent on any other street. No grade shall be less than one-half of one percent at the gutter. Vertical and horizontal curves shall be so designed as to give nonpassing distance visibility in conformance with the following minimum requirements: Vertical Horizontal Classification Curve Curve Primary arterial 500 feet 500 feet Secondary arterial500 feet 500 feet Business or industrial street 500 feet 500 feet Collector street 300 feet 300 feet Minor street 300 feet 300 feet Cul-de-sac 100 feet 200 feet 23-15 § 23-50 H AWAI‘I C OUNTY C ODE (b) Variations from the required grades or curves may be permitted by the director and the director of public works where advisable to meet unusual conditions and the director of public works may specify additional standards accordingly. (1983 CC, c 23, art 3, sec 23-50; am 2001, ord 01-108, sec 1.)23-50 Section 23-51. Protection from existing or proposed arterial streets. Where a subdivision abuts or contains an existing or proposed arterial street, the director may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. (1983 CC, c 23, art 3, sec 23-51.)23-51 Section 23-52. Alleys. Alleys shall have a minimum width of twenty feet in districts designated commercial and industrial in chapter 25, zoning code, unless adequate permanent provisions for access to off-street parking and loading facilities approved by the director have been provided. At street and alley intersections, ten feet corner radii shall be required. (1983 CC, c 23, art 3, sec 23-52.)23-52 Section 23-53. Private streets. No private street or alley shall be approved unless they are improved as specified under article 6, division 2 of this chapter. (1983 CC, c 23, art 3, sec 23-53.)23-53 Division 5. Utilities. Section 23-54. Utilities location within streets and State highways. (a) In general, all utilities shall be located within the street width, and government owned water mains shall be located in the paved areas, except that water mains of a suburban water system may be located as designated in the area between the edge of pavement and the property line when approved by the director of public works and manager. Where practicable, sewer mains shall be located in the paved area between curbs. (b) On State highways, all utilities shall be located in the area between the edge of pavement and the property line. Where practicable, a minimum distance of six feet shall be maintained between the edge of pavement and the location of the utilities. Utilities may be permitted to cross the highway on a line perpendicular to the centerline of the highway. Under certain conditions the utility may be permitted to deviate from the normal line but in no case shall the angle between the utility and a line perpendicular to the centerline exceed forty-five degrees. (1983 CC, c 23, art 3, sec 23-54; am 2001, ord 01-108, sec 1.)23-54 23-16 S UBDIVISIONS §23-55 Section 23-55. Location of utilities within street impractical; alternative. If in the opinion of the director, the director of public works and manager, the most suitable and reasonable location for any of the utilities, such as sewers, storm drains, water and gas pipes, electric and telephone pole lines and conduits, which are likely to be required within a subdivision for the service thereof or for the service of areas in the surrounding territory, does not lie wholly within the street width, the director may require provisions to be made for the location of such utilities on routes elsewhere than within said street width. The subdivider shall designate the required area for all such utility locations outside of the street width and shall deliver a proper easement or right- of-way for the area. (1983 CC, c 23, art 3, sec 23-55; am 2001, ord 01-108, sec 1.)23-55 Section 23-56. Easements for utilities; size; conveyance. (a) Easements or rights-of-way for sewers, storm drains and government owned water facilities shall be fifteen feet in width and centered on rear or side lot lines except for guy-wire tie-back easements, which shall be three feet wide by twenty feet long along lot lines at change of direction points of easements, except that this width may be modified where the director of public works or the manager, whichever is appropriate, finds that a greater or lesser width is necessary or satisfactory for the purpose of the use of the area. (b) Easements or rights-of-way for all government owned utilities including storm drains except those under the jurisdiction of the department of water supply shall be conveyed to the County and documents shall be delivered to the council for acceptance. Easements or rights-of-way for water facilities which are under the jurisdiction of the department of water supply shall be conveyed to the water commission and the documents shall be delivered to the water commission for acceptance. (1983 CC, c 23, art 3, sec 23-56; am 2001, ord 01-108, sec 1.)23-56 Article 4. Application for Subdivision and Preliminary Plat. Division 1. General Provisions. Section 23-57. Where information obtainable. A subdivider may call at the planning department’s office for information regarding procedures and general information that may have a direct influence on the proposed subdivision. (1983 CC, c 23, art 4, sec 23-57.)23-57 Section 23-58. Application for subdivision; plat and plans submitted by subdivider. (a) The subdivider shall submit a written application for subdivision, a preliminary plat prepared, stamped and signed by a surveyor, and other supplementary material required to describe the nature and objectives of the proposed subdivision, 23-17 § 23-58 H AWAI‘I C OUNTY C ODE and shall submit the preliminary plat and other supplementary material in a format prescribed by the director. (b) All pertinent information on the preliminary plat shall be drawn to scale. (c) Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion. (d) Application for Resort Subdivision. The subdivider may file an application for resort subdivision. An application for resort subdivision may either be filed under this section or under any other provision of this chapter. If an application for subdivision is filed under this section, it shall be clearly designated as such. Such application shall, in addition to all other information to be submitted with the subdivision application, preliminary plat and other supplementary material, include the following: (1) A statement acknowledging that all improvements will not be approved for dedication unless and until such improvements satisfy all of the requirements for dedicable improvements. (2) A description of the provisions made for permanent maintenance of the private roadways within the proposed resort subdivision. (3) A description of how subsequent owners of the property will be notified of the private nature of the improvements and maintenance responsibilities. (1983 CC, c 23, art 4, sec 23-58; am 1992, ord 92-138, sec 5; am 2006, ord 06-104, sec 2; am 2015, ord 15-19, sec 1; am 2021, ord 21-52, sec 2.)23-58 Section 23-58.1. Posting of signs for public notification. (a)Within ten days of filing the application for a subdivision, the applicant shall post a sign on the subject property notifying the public of the following: (1) The nature of the application; (2) The proposed number of lots; (3) The size of the property; (4) The tax map key or keys of the property; (5) That they may contact the planning department for additional information; and (6) The address and telephone number of the planning department. (b) The sign shall remain posted until final approval, or until the application has been rejected or withdrawn. The applicant shall remove the sign promptly after such action. (c) Notwithstanding any other provisions of law, the sign shall be not less than nine square feet and not more than twelve square feet in area, with letters not less than one inch high. No pictures, drawings, or promotional materials shall be permitted on the sign. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from said public road. If more than one public road borders the property the applicant shall post the sign to SUPP. 11 (1-2022) 23-18 S UBDIVISIONS § 23-58.1 be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with chapter 3, Hawai`i County Code 1983 (2005 edition). (d) The applicant shall file an affidavit with the planning department not more than five days after posting the sign stating that a sign has been posted in compliance with this section, and that the applicant and its agents will not remove the sign until the application has received final approval, or has been rejected or withdrawn. A photograph of the sign in place shall accompany the affidavit. (2005, ord 05-135, sec 2.)23-58.1 Section 23-58.2. Publication of notices. 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. The list shall include the name of the property owner, the tax map key number(s) of the property, the land area, the number of lots proposed, and any other information deemed useful by the director. (2006, ord 06-104, sec 3.)23-58.2 Section 23-59. Size and scale of plat. The preliminary plat shall be drawn according to size and scale as stipulated in section 502-19, Hawai‘i Revised Statutes, or on a sheet size of eight and one-half inches by thirteen inches. When more than one sheet is required, an index sheet of the same size shall be filed to show the entire subdivision on one sheet, with block and lot numbers. (1983 CC, c 23, art 4, sec 23-59.)23-59 Section 23-60. Application fees for subdivision plans. (a) Each application for a subdivision (including consolidation) is subject to the payment of the following fee: $250 plus $25 per lot noted on the initial preliminary plat or cluster plan development and for each additional lot resulting from any subsequent amendment of the initial preliminary plat exclusive of any lots set aside for roadway or easement purposes or lands dedicated for public use. (b) These fees shall not apply to subdivision of land into burial or crematory lots within the confines of duly established cemetery areas; provided that a processing fee will be filed as follows: $100 per acre and proportionate fee for fraction of acre thereof. (c) The payment of the filing fee shall be made at the planning department’s office and payable to the director of finance. No portion of the fee is refundable for applications granted tentative subdivision approval. A portion of fee equivalent to ten percent of the fee or $50, whichever is greater, shall be retained for applications which have been withdrawn or denied before granted tentative approval. (1983 CC, c 23, art 4, sec 23-60; am 1999, ord 99-97, sec 2.)23-60 23-19 § 23-61 H AWAI‘I C OUNTY C ODE Section 23-61. Review of plat. The director shall furnish one copy of the preliminary plat and supplemental materials after they are submitted by the subdivider, to the manager, the director of public works, and the state department of health, and when a subdivision is adjacent to a State highway or proposed State highway, to the district engineer for their review and comment. (1983 CC, c 23, art 4, sec 23-61; am 2001, ord 01-108, sec 1; am 2006, ord 06-104, 23-61 sec 4.) Section 23-62. Tentative approval of preliminary plat. (a) Within forty-five days after submission of the preliminary plat, the director shall review the plan and may give tentative approval of the preliminary plat as submitted or as modified or may disapprove the preliminary plat, stating the reasons for disapproval in writing or shall defer action pending further review. Approval of the preliminary plat shall indicate the director’s directive to prepare detailed drawings on the plat submitted, provided there is no substantial change in the plan of subdivision as shown on the preliminary plat and there is full compliance with all requirements of this chapter. The action of the director with reference to any attached documents describing any conditions shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the director. At such time the director shall stamp the above two preliminary plats: “Subdivider authorized to prepare detailed drawings on plat as submitted including corrections noted.” “Recordation with the Bureau of Conveyances, State of Hawai‘i, not authorized until approved for record at a later date.” (b) If no action (approval, disapproval, modification, or deferral) is taken by the director within forty-five days after submission of the preliminary plat, or such longer period as may have been agreed upon in writing, the preliminary plat shall be deemed approved. The approval shall be on condition that the subdivider construct roads to the standards required by this chapter, a water system to the standards of the department of water supply, drainage meeting with the approval of the department of public works under section 23-92, that sewage disposal shall conform with section 23-85, if applicable, and the requirements of the department of health, and that the lot sizes and dimensions must be adjusted to conform to the zoning code on the final plat. The subdivider shall comply with the provisions of this chapter in order to receive final subdivision approval. (c) The director shall disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of chapter 25, zoning code. (d) The subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two years may be granted by the director upon timely written request of the subdivider. At the end of said three year period or its approved extension, unless all said conditions are completed, the approval of the 23-20 S UBDIVISIONS §23-62 preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current Code and rule requirements. This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from December 4, 1992 and not from the date of preliminary plat (tentative) approval. (e) The director’s deferral of a subdivision for further review under subsection (a) constitutes an acceptance of the contents of the preliminary plat as submitted, and the director’s issuance of tentative and final subdivision approval is valid despite the failure of the preliminary plat to include all of the information specified in sections 23-63 to 23-66, provided that there has been actual compliance with the substantive requirements of this chapter and chapter 25, zoning code. The director may require the subdivider to submit supplementary information prior to tentative or final approval and may condition tentative or final approval on the submission of such information and on the performance of conditions attached to the tentative approval. (1983 CC, c 23, art 4, sec 23-62; am 1992, ord 92-138, sec 6; am 2006, ord 06-104, sec 5.)23-62 Division 2. Contents of Preliminary Plat. Section 23-63. General information on preliminary plat. The preliminary plat shall include the following general information: (1) Name of the subdivision, if proposed, which shall not duplicate nor resemble the name of another subdivision in the County. The proposed name shall be subject to approval by the director; (2) Date, northpoint and scale of drawing; (3) Tax key number and other information to sufficiently describe and define the location and boundaries of the proposed subdivision according to the County real property records; (4) Names and addresses of the owner, subdivider, and engineer or surveyor who prepared the plat; (5) The approximate lot layout and the approximate dimension and area of each lot; (6) Acreage of proposed subdivision and number of lots; and (7) A title report issued by a licensed title company in the name of the owner of the land, showing all parties whose consents are necessary and their interests in the premises when required by the director. (1983 CC, c 23, art 4, sec 23-63; am 2006, ord 06-104, sec 6.)23-63 23-21 § 23-64 H AWAI‘I C OUNTY C ODE Section 23-64. Existing conditions shown on preliminary plat. The preliminary plat shall include the following information on existing conditions, unless waived or deferred by the director: (1) Location, width and names of all existing or platted streets within or adjacent to the tract, together with easements, other rights-of-way, and other important features, such as corners, property boundary lines, and control of access lines adjacent to State highways; (2) When required by the director, contours at vertical intervals of five feet where the slope is greater than ten percent. Elevations shall be marked on the contours based on an established bench mark or other datum approved by the director of public works. In addition, the contours as may be required by the manager, State department of health, and director of public works shall be shown; (3) The location and direction of all water courses and approximate location of areas subject to inundation or storm water overflow; (4) Existing uses of property, including but not limited to, location of all existing structures, wells, cisterns, private sewage disposal systems, and utilities; and (5) Zoning on and adjacent to the tract, provided that if the information required by subsection (3) is not shown, it shall be made a condition of tentative approval, and tentative approval shall also require drainage improvements pursuant to section 23-92 or their equivalent. (1983 CC, c 23, art 4, sec 23-64; am 2001, ord 01-108, sec 1; am 2006, ord 06-104, sec 6.)23-64 Section 23-65. Proposed plan of land partitioning on preliminary plat. The preliminary plat plan shall include the following land partitioning information: (1) Streets showing location, widths, approximate radii or curves. The relationship of all streets to projected streets shown on the County general plan, which may be shown on a vicinity map; (2) Existing and proposed easements, showing width and purpose; (3) Lots, showing approximate dimensions, proposed lot size and proposed lot numbers; and (4) Sites, if any, allocated for purposes other than single-family dwellings, or farm dwellings. (1983 CC, c 23, art 4, sec 23-65; am 2006, ord 06-104, sec 6.)23-65 Section 23-66. Explanatory information on preliminary plat. Unless waived or deferred by the director, the preliminary plat shall include the explanatory information listed in this section. If such information cannot be shown practicably on the preliminary plat, it shall be submitted in separate statements accompanying the preliminary plat: (1) A vicinity map at a small scale, showing existing subdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect with existing streets; 23-22 S UBDIVISIONS §23-66 (2) Proposed deed restrictions in outline form if any; (3) Statement regarding water system to be installed, including source, quality and quantity of water; (4) Provisions for sewage disposal, conceptual drainage and flood control which are proposed. The drainage map shall include the approximate location of areas subject to inundation or storm water overflow and all areas covered by waterways, including ditches, gullies, streams and drainage courses within or abutting the subdivision; and (5) Parcels of land proposed to be dedicated to public use, and the conditions of such dedication, provided that if the information required in subsections (3) and (4) is not shown, water supply, sewage disposal, and drainage shall be determined by conditions of tentative approval. (1983 CC, c 23, art 4, sec 23-66; am 2006, ord 06-104, sec 6.)23-66 Article 5. Final Plat. Section 23-67. Time limit for completing final plat. The final plat shall be prepared and completed within one year following the tentative approval given on the preliminary plat by the director. If the final plat has not been filed within this period, the tentative approval of the preliminary plat shall be deemed void. A time extension, for good cause may be granted as provided under section 23-72. (1983 CC, c 23, art 5, sec 23-67.)23-67 Section 23-68. Drafting of final plat. (a) A surveyor shall prepare, stamp, and sign the final plat in accordance with the provisions of this chapter and sections 502-17, 502-18 and 502-19, Hawai‘i Revised Statutes, as amended. (b) The scale and sheet size utilized on this drawing shall be the same as required under section 23-59, and dedication or other written material shall be submitted on supplemental sheets. (c) If the final plat, following approval by the director, is to be filed with the land court for recordation, it shall comply with all requirements specified under the rules of the land court for land court subdivisions. (1983 CC, c 23, art 5, sec 23-68; am 2015, ord 15-19, sec 2.)23-68 Section 23-69. Information required on final plat. In addition to any other information required to be shown thereon under provisions of any State statute or County ordinance the following information shall be shown on the final plat and supplemental sheets: (1) Date, northpoint and scale of drawing; (2) Legal description of the tract boundaries; (3) Names and addresses of the owner, subdivider, and engineer, or surveyor who prepared the plat; 23-23 § 23-69 H AWAI‘I C OUNTY C ODE (4) Reference points of existing surveys identified, related to the plat by distances and azimuths, and reference to a field book or map as follows: (A) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision; (B) Adjoining corners of all adjoining subdivisions; (C) Boundary lines and grants within and adjacent to the plat; (D) All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this chapter; (5) Tract boundary lines, right-of-way lines of streets: lot lines with dimensions, azimuths and radii, points of curvature and tangent azimuths shall be shown; (6) The width of the portion of streets being dedicated, the width of any existing right-of-way and the widths each side of the centerline. For streets and curvature, all curve data shall be based on the street centerline and, in addition to centerline dimensions, shall indicate thereon the central angle; (7) All easements which shall be denoted by fine broken lines, clearly identified and if already on record, its recorded reference; if any easement is not definitely located on record, a statement of such easement. The widths of the easement and information sufficient to definitely locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificates of dedication; (8) Lot identification which shall be according to good engineering practices; (9) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale and their use indicated; (10) Minimum building setback lines, where not otherwise fixed by a building code or County ordinance; (11) The following certificates which may be combined where appropriate: (A) A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recording of the plat when required by the director. (B) A certificate signed and acknowledged as above, when dedicating all parcels of land shown on the final map and intended for any public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. (C) A certificate with the seal of and signed by the engineer or surveyor responsible for the survey and final draft. (D) All other certificates now or hereafter required by law; (12) All control of access lines adjacent to State highways which shall be denoted by the State highways division standard symbol of semicircles on the control of access line. (1983 CC, c 23, art 5, sec 23-69; am 2006, ord 06-104, sec 7.)23-69 23-24 S UBDIVISIONS §23-70 Section 23-70. Supplemental information with final plat. The following data shall be submitted with the final plat: (1) A complete title report issued by a licensed title company in the name of the owner of the land, showing all parties whose consents are necessary and their interests in the premises when required by the director; (2) A copy of any deed restrictions applicable to the subdivision; (3) Written proof that all taxes and assessments on the tract are paid to date; and (4) For nondedicable streets in a resort subdivision, the subdivider shall submit a recordable document with the director which shall describe all nondedicable streets, the ownership thereof and access rights thereon for all lots in the subdivision and the maintenance rights and responsibilities thereof. The document shall contain statements as follows: that nondedicable streets within the resort subdivision have not been built to the standards required for streets which are dedicable to the County of Hawai‘i; that such streets will accordingly not be accepted for dedication unless they are brought into compliance with the requirements for dedication as of the time they are offered for dedication; and that the County is not responsible for maintenance of such nondedicable streets. The document shall be in a form acceptable to the director of public works and corporation counsel. For subdivided land within the jurisdiction of the land court, such document shall be recorded with the land court. For all other subdivided land, the document shall be recorded with the State bureau of conveyances. (1983 CC, c 23, art 5, sec 23-70; am 1992, ord 92-138, sec 7; am 2001, ord 01-108, sec 1; am 2006, ord 06-104, sec 7; am 2021, ord 21-52, sec 3.) 23-70 Section 23-71. Subdivision not involving streets, drains, or utilities. The preliminary plat may be approved by the director for recordation if: (1) The preliminary plat meets all of the requirements of a final plat; and (2) The subdivision involves no streets, drains, or utilities. (1983 CC, c 23, art 5, sec 23-71.)23-71 Section 23-72. Filing of final plat. (a) Within one year after tentative approval of the preliminary plat by the director, the subdivider shall have the subdivision surveyed and shall prepare a final plat which conforms with the preliminary plat as tentatively approved. The subdivider shall submit to the director a copy of the final plat, prepared in conformity with these regulations, together with a copy of a general layout map, which was originally attached to the construction drawings and specifications (where required) showing the location of lots, streets, water mains and storm drainage systems. (b) For good cause, the director may grant to the subdivider an extension of time within which the subdivider may file the final plat. SUPP. 11 (1-2022) 23-25 § 23-72 H AWAI‘I C OUNTY C ODE (c) The time of filing the final plat means the time at which the final plat, together with all required data, is received by the director. The director shall indicate the date of filing on all copies of the final plat and accompanying data. (1983 CC, c 23, art 5, sec 23-72; am 2006, ord 06-104, sec 7; am 2021, ord 21-52, sec 4.)23-72 Section 23-73. Technical review. Within thirty days after receipt of the final plat and other data, the director shall submit copies of the final plat and other data to the director of public works, manager, State department of health and district engineer when the subdivision involves State highways for review of the final plat with the director. The final plat shall be examined as to whether it is substantially similar to the approved preliminary plat and whether it is technically correct. The information on the final plat shall also be verified by entering upon the respective subdivision where deemed necessary by the director. If there is a variance, the subdivider shall be advised by the director of the changes or additions that must be made and given an opportunity to make corrections. The director’s submission of copies of the final plat to other reviewers constitutes acceptance of the contents of the final plat, provided that the director may request supplementary information, and may require the subdivider to correct errors prior to the issuance of final subdivision approval, and after final approval pursuant to section 23-74(c). The director’s issuance of final subdivision approval shall be valid despite the absence of technical information as required by section 23-69(1) and (3), or the absence of similar technical but non-substantive information required by sections 23-69 and 70. (1983 CC, c 23, art 5, sec 23-73; am 2001, ord 01-108, sec 1; am 2006, ord 06-104, sec 7.)23-73 Section 23-74. Final approval of plat. (a) When all the construction work is complete and is accepted in writing by the director of public works, the subdivider may apply for approval of the subdivision map for recordation. If the director disapproves the plat, the grounds for disapproval shall be filed in the records of the planning department. No plat shall be disapproved by the director without giving the subdivider an opportunity to correct errors in the plat. (b) Upon final approval, the director shall stamp the final plat: “SUBDIVISION NUMBER ____________ APPROVED FOR RECORDATION WITH THE BUREAU OF CONVEYANCES, STATE OF HAWAI‘I.” The approval shall bear the signature of the director. The planning department shall then retain one copy of the final plat, and forward one copy of the final plat to the County real property tax office, and one copy of the final plat to the subdivider. The approval of the final plat by the director shall not be deemed to constitute or effect an acceptance by the County of the dedication of any street or other easement shown on the plat. SUPP. 11 (1-2022) 23-26 S UBDIVISIONS §23-74 (c) The approval for recordation of the final plat by the director shall not relieve the subdivider of the responsibility for any error in the dimensions or other discrepancies. Such errors or discrepancies shall be revised or corrected, upon request, to the satisfaction of the director. (d) Nondedicable Streets. In addition to all other requirements for approval of the final plat herein, if the subdivision includes any nondedicable streets, the subdivider shall, prior to final approval, deposit a duly recorded copy of the document described in section 23-70(4) of this chapter with the director. (1983 CC, c 23, art 5, sec 23-74; am 1992, ord 92-138, sec 8; am 2001, ord 01-108, sec 1; am 2006, ord 06-104, sec 7; am 2021, ord 21-52, sec 5.) 23-74 Section 23-75. Change after approval. No change in a subdivision, or in the plan of a subdivision, already approved, may be made without the approval of the director. (1983 CC, c 23, art 5, sec 23-75.)23-75 Section 23-76. No conveyance of land prior to approval for recordation. Land shall not be offered for sale, lease or rent in any subdivision, nor shall options or agreements for the purchase, sale, leasing or rental of the land be made until approval for recordation of the final plat is granted by the director. (1983 CC, c 23, art 5, sec 23-76.)23-76 Section 23-77. Recordation of final plat. After the director grants approval for recordation of the final plat, the subdivider may file and record the plat. (1983 CC, c 23, art 5, sec 23-77.)23-77 Section 23-78. Release of surety after final approval. Upon completion of the improvements and utilities in a subdivision as required by this chapter and certification thereof as provided by article 7 of this chapter, and after the subdivider files one set of construction plans as actually modified to meet construction requirements with the department of public works, State department of health and department of water supply (if applicable), the department of public works, State department of health and the department of water supply (if applicable), shall approve the performance and thereupon discharge the subdivider and surety (in whole or in part according to the terms of the subdivider’s agreement, if any) from the obligation of any bonds and release to the subdivider any security posted by the subdivider, or authorize and direct such discharge and release by the appropriate agency. (1983 CC, c 23, art 5, sec 23-78.)23-78 SUPP. 11 (1-2022) 23-27 § 23-79 H AWAI‘I C OUNTY C ODE Article 6. Improvements. Division 1. Construction. Section 23-79. Construction plans; contents; review. (a) After the subdivider has secured tentative approval of his preliminary plat of the subdivision from the director, and before beginning construction of the improvements therein, the subdivider shall prepare and submit to the director construction plans and specifications showing details of road construction, drainage structures, sewers, water mains and all other utilities proposed to be installed in the proposed subdivision. The construction plans shall be drawn on acceptable tracing medium to County standards as to size and general drafting practice. Included with the construction plans shall be a general layout map showing the location of lots and streets, and the location of water lines, sewer mains and drainage systems and other utility lines. Plans shall be prepared by an engineer registered under the laws of the State provided that, when the subdivision consists of three lots or less, the director may grant tentative approval to proceed with plans without the seal of an engineer. (b) The subdivider shall submit a copy of the construction plans and specifications to the director for examination and submission to the director of public works, the manager, the sanitary engineer and the district engineer as required under section 23-61, for their respective consideration and approval. Such construction plans and specifications shall be considered approved for construction purposes when the construction plan tracings and specifications bear the approval of the director of public works, the manager, the sanitary engineer, the district engineer and the director as required under section 23-61. (1983 CC, c 23, art 6, sec 23-79; am 2001, ord 01-108, sec 1; am 2021, ord 21-52, sec 6.)23-79 Section 23-80. Construction required for final approval. (a) When the construction drawings and specifications bear the approval of the director, the director of public works, the manager, the sanitary engineer and the district engineer as required under section 23-79, the subdivider may proceed with the construction of the improvements and utilities. (b) Where construction extends into the State highway right-of-way, the contractor shall obtain a permit from the district engineer prior to commencement of work within the State right-of-way. In this case no bond or security need be posted with the department of public works or the department of water supply. (1983 CC, c 23, art 6, sec 23-80; am 2001, ord 01-108, sec 1.)23-80 SUPP. 11 (1-2022) 23-28 S UBDIVISIONS §23-81 Section 23-81. Final approval before construction completed; bond required. A subdivider may secure final approval prior to completion of construction by entering into an agreement which conforms to section 23-82 with the County, signed by the director and the department of public works and, when appropriate, department of water supply and file with the department of public works and when required department of water supply a surety bond or other security as specified in section 23-83 to assure the department of public works and the department of water supply that the actual construction and installation of the improvements and utilities will be completed as shown on the approved construction drawings and specifications. The director shall, after the execution and acceptance of the agreement and bond, grant approval of the final plat. The subdivider may then proceed to record the final plat and sell the lots or transfer any interest therein prior to completion of the improvements. (1983 CC, c 23, art 6, sec 23-81.)23-81 Section 23-82. Agreement to provide improvements and utilities. The owner of the subdivision shall submit an agreement to the director who shall refer the document to the corporation counsel for approval as to form and legality. The agreement shall specify that the subdivider shall make, install, and complete all required improvements and utilities to the satisfaction of the director of public works and when appropriate, the department of water supply, and shall also provide that: (1) If the subdivider fails to complete: (A) The required improvements within the time specified; and (B) Any additional conditions imposed for the granting of an extension to complete the required improvements and additional conditions with the extended time period; (2) If the subdivider fails to timely complete or abandons the subdivision prior to final approval; or (3) If the agreement is terminated for any of the grounds stated in the agreement; the department of public works and when appropriate, the department of water supply may complete the improvements and recover the full cost and expense thereof from the subdivider. (1983 CC, c 23, art 6, sec 23-82; am 2001, ord 01-108, sec 1.)23-82 Section 23-83. Bond. (a) The agreement as specified in section 23-82 shall be secured by a good and sufficient surety bond (other than personal surety), certified check or other security acceptable to the director and approved by the corporation counsel, in the sum equal to the cost of all the work required to be done by the subdivider as estimated by the director of public works and the manager, if the subdivision is within the scope of the department of water supply requirements. The surety bond shall be payable to the County and when appropriate to the department of water supply. The bond shall be conditioned upon the faithful performance of any and all work required to be done by the subdivider. 23-29 § 23-83 H AWAI‘I C OUNTY C ODE (b) The security shall be filed with the director and deposited with the County treasurer as a realization in whole or part for the completion of work, or correction of any defective or improper work called for in the original plan. (1983 CC, c 23, art 6, sec 23-83; am 2001, ord 01-108, sec 1.)23-83 Division 2. Improvements Required. Section 23-84. Water supply. A subdivision to be laid out after December 21, 1966 shall be provided with water as follows: (1) A water system meeting the minimum requirements of the County department of water supply; and (2) Water mains and fire hydrants installed to and within the subdivision in accordance with the rules and regulations of the department of water supply, adopted in conformity with article VIII of the Charter. (1983 CC, c 23, art 6, sec 23-84.)23-84 Section 23-85. Sewage disposal systems. (a) In a subdivision to be laid out after December 21, 1966 sewer lines shall be installed where the subdivision is within three hundred lineal feet of the existing sewer system. These lines shall conform to the minimum requirements of the department of public works. (b) In subdivisions where sewer connections cannot be made to an existing sewer system under the requirements of this chapter, the subdivider shall meet the minimum requirements of the State health department relating to sewage disposal. (1983 CC, c 23, art 6, sec 23-85.)23-85 Section 23-86. Requirements for dedicable streets. (a) The subdivider shall grade, drain, and surface all streets constructed after December 21, 1966 as shown on his plat, except reserved dedication for future street purposes, so as to provide access for vehicular traffic to each lot of the subdivision. (b) A street shall be constructed in accordance with the specifications in this section and those on file with the department of public works. A street shall be installed under the supervision of the director of public works and to permanent grades approved by him. (c) A street shall have sufficient thickness of pavement, and compacted base course and sub-base material to support axle and wheel loads permitted under section 291-35, Hawai‘i Revised Statutes. In no case shall the streets be less substantial than the following minimum dedicable standards of the County: 23-30 S UBDIVISIONS §23-86 (1) A street serving areas zoned for lots seventy-five hundred square feet to and including one acre, shall have a six-inch minimum select borrow sub-base course, a base course of four inches of compacted crusher run base with filler, and a pavement of two inches of asphaltic concrete or two and one-half inches of asphaltic macadam, applied in three separate applications. Pavement width shall conform to the urban standard as set forth under section 23-41. (2) A street serving areas zoned for lots of over one acre and up to and including three acres, shall have a six-inch minimum select borrow sub-base course, a base course of four inches of compacted crusher run base and a pavement of two inches of asphaltic concrete or two and one-half inches of asphaltic macadam, applied in three separate applications. Pavement width shall conform to the rural standard as set forth under section 23-41. (d) A street meeting the minimum requirements of this section shall be dedicable. (1983 CC, c 23, art 6, sec 23-86; am 2001, ord 01-108, sec 1.)23-86 Section 23-87. Standard for nondedicable street; escrow maintenance fund. (a) A street serving areas zoned for lots of three acres and over shall have a six-inch minimum fine select borrow base course with surface treatment acceptable to the director of public works and director. Preparation of the surface, application of surface and utilization of equipment shall conform to standards adopted by and on file in the department of public works, subject to the condition that a portion of a roadway where the grade is eight percent or greater shall be built to paved requirements of this chapter. Pavement widths shall conform to the agricultural standards as set forth under section 23-34.* Where a subdivision street connects with a State highway, the standards of the pavement within the State highway right-of-way shall conform to standards adopted by the State department of transportation. (b) A street meeting only the minimum requirements of this section shall not be dedicable. (c) A maintenance escrow fund, when required by the director, shall be established by the subdivider with an escrow depository approved by the director prior to final approval for recordation. The fund shall be reviewed by the corporation counsel and approved by the director. (1983 CC, c 23, art 6, sec 23-87; am 2001, ord 01-108, sec 1.)23-87 * Editor’s Note: Pavement widths are set forth in section 23-41. 23-31 § 23-88 H AWAI‘I C OUNTY C ODE Section 23-88. Nondedicable street; private dead-end street. (a) A private dead-end street may be established upon approval of the director. The street shall provide access to six lots or less conforming to the minimum area requirements set forth in this chapter and shall be restricted only to residential lots and those agricultural lots zoned for less than three acres. The following shall be the minimum pavement width and right-of-way: Road Access Pavement Right-of-Way 1 lot 8 feet 12 feet 2 lots 12 feet 16 feet 3 lots 14 feet 18 feet 4 to 6 lots 16 feet 20 feet (b) A private street shall be constructed in conformance with standards on file at the department of public works. (c) A private street meeting only the minimum requirements of this section shall not be dedicable. (1983 CC, c 23, art 6, sec 23-88.)23-88 Section 23-89. Sidewalks. For the safety of pedestrians and of children at play, sidewalks on both sides of the street may be required. The director shall have the authority to recommend and the council may, when in its judgment a necessity exists for such improvements, require the construction of sidewalks which shall be constructed in accordance with specifications of the County department of public works. (1983 CC, c 23, art 6, sec 23-89.)23-89 Section 23-90. Pedestrian way. A four-foot walk strip shall be paved in the center of all pedestrian ways. Paving shall consist of not less than three inches of compacted crusher run or crushed rock passing a three-fourth inch screen. Construction of a pedestrian way shall conform to standards adopted by the department of public works. (1983 CC, c 23, art 6, sec 23-90.)23-90 Section 23-91. Curbs and gutters. The director shall have the authority to recommend and the council may, when in its judgment a necessity exists for such improvements, require the construction of curbs and gutters which shall be constructed in accordance with specifications of the department of public works. (1983 CC, c 23, art 6, sec 23-91.)23-91 23-32 S UBDIVISIONS §23-92 Section 23-92. Drainage, flood, and erosion mitigation measures. (a) The subdivider shall construct a storm water disposal system to contain runoff caused by the subdivision improvements within the boundaries of the subdivision, up to the expected one-hour, ten year storm event, as shown in Plate 1 of the Department of Public Works “Storm Drainage Standards”, dated October 1970, or any approved revisions, unless those standards specify a greater recurrence interval, in which case, the greater interval shall be used. The amount of expected runoff shall be calculated according to the Department of Public Works “Storm Drainage Standards”, dated October 1970, or any approved revisions thereto, or by any nationally-recognized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all required subdivision improvements, and lot improvements that may be allowed by existing zoning. (b) Storm water shall be disposed into drywells, infiltration basins, or other infiltration methods. The subdivision shall not alter the general drainage pattern above or below the subdivision. (c) Subdivider shall also comply with the requirements of chapter 27, Hawai‘i County Code. (1983 CC, c 23, art 6, sec 23-92; am 2001, ord 01-108, sec 1; am 2007, ord 07-56, sec 2.)23-92 Section 23-93. Street lights. Street lights shall be constructed within the subdivision. The street lights shall conform to the standard specifications on file with the department of public works. The construction of street lights shall be made a part of the contract for subdivision improvement and installed coincident with other required improvements. (1983 CC, c 23, art 6, sec 23-93.)23-93 Section 23-94. Street name and traffic signs. Street name signs showing the names of intersecting streets shall be erected by the subdivider at each street intersection. The type and location of street name and traffic signs which shall be created by the subdivider shall be subject to the approval of the director of public works and shall conform to the standard specifications on file at the department of public works. (1983 CC, c 23, art 6, sec 23-94; am 2001, ord 01-108, sec 1.)23-94 Section 23-95. Right-of-way improvement. The subdivider shall be required to improve the entire street right-of-way. The improvements shall conform to the standard specifications on file with the department of public works. (1983 CC, c 23, art 6, sec 23-95.)23-95 23-33 § 23-95.1 H AWAI‘I C OUNTY C ODE Section 23-95.1. Improvements for resort subdivision. Except as provided in this section, improvements for resort subdivision shall be as provided in this article 6, division 2, of this chapter. Upon submission of a resort subdivision application, the following standards shall apply. (a) Nondedicable Resort Street. A private street within the resort subdivision may be established upon approval by the director in consultation with the director of public works. Such streets shall be restricted to use only for lots within resort subdivisions. Divided roadways may include medial separations and elevation separations. Grades and curves of resort subdivision streets shall conform to section 23-50 or its successor statute. Pavement widths and minimum resort subdivision street rights-of-way shall be as specified in section 23-41(a) or its successor statute. Resort subdivision streets shall also conform to sections 23-43, 23-44, 23-45, 23-46, 23-48 or their successor statutes. (b) Sidewalks for resort subdivisions shall be required for safety of pedestrians. In considering the need for such sidewalks and the appropriate location of sidewalks, the director shall consider the following factors in addition to any other relevant factors: (1) Pedestrian circulation within the resort area; (2) Interaction of vehicular traffic to pedestrian traffic; (3) Interaction of pedestrian traffic with uses in the resort area and applicable adjacent area; and (4) Topography and slope of the area. If consistent with pedestrian safety and with the factors listed above, said sidewalks may be constructed along roadways or at other suitable locations to accommodate pedestrian traffic whether or not the sidewalks are adjacent to resort subdivision streets. (c) A private resort subdivision street meeting only the minimum requirements of this section shall not be dedicable. If a private resort subdivision street is offered for dedication after final subdivision approval, said street must meet all of the requirements for a dedicable street under this chapter applicable as of the date that the street is offered for dedication. (1992, ord 92-138, sec 9; am 2001, ord 01-108, sec 1.)23-95.1 Article 7. Inspection and Certification. Section 23-96. Inspection by director of public works and manager. The director of public works shall inspect the construction of improvements, the installation of facilities and utilities, and other work in any subdivision. The manager shall inspect all construction and improvements relating to water systems. (1983 CC, c 23, art 7, sec 23-96; am 2001, ord 01-108, sec 1.)23-96 23-34 S UBDIVISIONS §23-97 Section 23-97. Inspection fee. (a) Prior to the beginning of construction of the required improvements or prior to final approval of a subdivision map, when a suitable bond is posted, the applicant shall be required to pay a fee of two-tenths of one percent of the estimated cost of the construction work to be done in the subdivision but not less than $25 to cover the costs of inspection. The fee shall be returned to the applicant if the subdivision map is not approved. (b) Fees received from applicants shall be deposited with the director of finance. (1983 CC, c 23, art 7, sec 23-97.)23-97 Section 23-98. Notice before beginning work; inspections; certification. (a) Before starting any construction work, the subdivider shall give written notice at least one week in advance to the director of public works and manager (if construction involves a water supply system), of the name of the contractor and any other pertinent information, and shall file three prints of approved construction drawings and specifications with the department of public works and the department of water supply (if construction involves a water supply system). (b) During construction of improvements and installation of facilities and utilities and the carrying on of other work in any subdivision, the work shall at all times be subject to inspection by the director of public works and manager, or their representatives. (c) Subdivision improvements shall not be considered complete and acceptable for final approval by the director until such improvements are so certified in writing to be complete and of acceptable standards by the director of public works and manager (if construction involves a water supply system). (d) Construction within the State highway right-of-way shall be subject to inspection by the district engineer or his representative. (1983 CC, c 23, art 7, sec 23-98; am 2001, ord 01-108, sec 1.)23-98 Article 8. Safety Flood Hazard District Requirements. Section 23-99. Tentative approval of plan for subdivision in SF district. No subdivision located in a safety flood hazard district (SF district) shall be granted tentative approval of the preliminary plat or approval of the final plat if the land is found by the director, upon consultation with the director of public works or other governmental agencies, to be unsuitable for the proposed use by reason of proneness to flooding, inundation or erosion by sea water, bad drainage or other features or conditions likely to be harmful or dangerous to the health, safety and welfare of future residents of the proposed subdivision or of the surrounding neighborhood, unless satisfactory protective improvements or other measures are proposed or taken by the subdivider and approved by the director. (1983 CC, c 23, art 8, sec 23-99; am 2001, ord 01-108, sec 1.)23-99 23-35 § 23-100 H AWAI‘I C OUNTY C ODE Section 23-100. New utilities in SF district. New utilities located in the SF district shall be located and constructed to minimize or eliminate flood damage. (1983 CC, c 23, art 8, sec 23-100.)23-100 Section 23-101. Water systems in SF district. All water systems located within an SF district shall be floodproofed to a point at or above the flood elevation level defined on the zone maps. Gate valves shall be installed in all water mains crossing the limits of an SF district. (1983 CC, c 23, art 8, sec 23-101.)23-101 Section 23-102. Sewage disposal facility in SF district. No sewage disposal facility located in the SF district requiring soil absorption will be approved where such system will not function due to high ground water, flood or unsuitable soil characteristics. (1983 CC, c 23, art 8, sec 23-102.)23-102 Article 9. Plantation Community Subdivision. Section 23-103. Plantation community subdivision. A plantation community subdivision is a subdivision established on lands formerly owned by sugar plantations and which had been developed into housing and community buildings for employees of the plantation. (1994, ord 94-117, sec 2.)23-103 Section 23-104. Criteria. A plantation community subdivision may be established in former sugar plantation communities if all of the following conditions exist: (1) A sugar plantation has provided housing for its workers which developed into a plantation community. (2) The plantation community has existed for at least fifty years. (3) The sugar plantation is no longer in operation. (4) The fee title of each proposed lot within the plantation community on which the housing and improvements exist is to be conveyed in fee simple to the former employees of the sugar plantation. (1994, ord 94-117, sec 2.)23-104 Section 23-105. Designation as a plantation community. The planning director shall review and investigate any application for a plantation community subdivision to determine if the plantation community involved meets the criteria established herein, except however, due to public safety and health considerations, the established plantation community with the approval of the council by resolution, may be relocated to another area within the region. (1994, ord 94-117, sec 2.)23-105 23-36 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 ohana dwelling 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.)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 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 S UBDIVISIONS § 23-114 Section 23-114. Restrictions, requirements and standards for farm subdivision. The planning director may approve farm subdivisions under the following conditions: (a) The minimum leasable area within a farm subdivision shall be five (5) acres, irrespective of the minimum lot size of the applicable zoning ordinance. (b) Any structures for temporary, seasonal or permanent residential occupancy or habitation shall be prohibited. (c) Farm subdivision provisions shall be applicable only to leasehold lands located within an agricultural zoned district and shall be a lease term of no less than ten (10) years and a maximum of thirty (30) years. The terms of the lease shall be clearly defined in the lease agreement. (d) The owner of the parcel and lessees shall submit a soil conservation plan approved by the United States department of natural resources conservation service upon filing for a farm subdivision. (e) The owner of the parcel shall file a map, drawn to scale, of the parcel indicating the land area under consideration for the farm subdivision and the number of leasable areas and acres. (f) The leases within a farm subdivision shall be recorded by the bureau of conveyances and a copy of the recorded document shall be filed with the planning director upon its receipt from the bureau of conveyances. Each lease shall: (1) Restrict uses to agriculture as defined in chapter 25, section 25-160(a),* Hawai‘i County Code, except that farm dwellings or structures suitable for residential occupancy or habitation shall be prohibited. (2) Provide a roadway maintenance agreement for all roadways within the farm subdivision. (3) Assure implementation of the soil conservation plan required in subsection (d) of this Article and compliance with the provisions of such plan, including maintenance of conservation improvements specified therein. (g) Notwithstanding the provisions of Chapter 23, the following infrastructure standards shall apply: (1) Water. A water system for a farm subdivision shall not be required. (2) Roadway improvements. Roadway improvements within a farm subdivision which are less than those required under the County of Hawai‘i Subdivision Code may be approved. (A) Adequate access from a government road shall be provided to a farm subdivision meeting the requirements of the department of public works for the purpose of access to a farm subdivision. (B) Roads within a farm subdivision shall be the property and the responsibility of the subdivider, lot owner and/or lessees pursuant to an executed roadway maintenance agreement. (1995, ord 95-136, sec 2.)23-114 * Editor’s Note: Section 25-160 (a), no longer exists. See section 25-5-82. 23-39 § 23-115 H AWAI‘I C OUNTY C ODE Section 23-115. Nullification. In the event that conditions relative to the area in which a farm subdivision is located change to such extent that a farm subdivision is no longer feasible or desirable, the lessor-owner may apply to the planning director to nullify the farm subdivision, provided that the consent of all lessees within the subdivision is secured. Upon the approval of the nullification of the farm subdivision by the planning director the parcel shall revert to its original status. (1995, ord 95-136, sec 2.)23-115 Section 23-116. Procedure. Except as provided in this Article, the subdivision process for a farm subdivision shall be complied with pursuant to this chapter. (1995, ord 95-136, sec 2.)23-116 Article 11. Pre-Existing Lots. Section 23-117. Purpose. The purpose of this article is to specify the criteria by which a pre-existing lot may be recognized and to state how certain uses will be accounted for during a consolidation/resubdivision action. (2002, ord 02-110, sec 3.)23-117 Section 23-118. Criteria to determine a pre-existing lot. The director shall certify that a lot is pre-existing if the lot meets one of the following criteria: (a) The lot was created and recorded prior to November 22, 1944 or the lot was created through court order (e.g. partition) prior to July 1, 1973, and the lot had never been legally consolidated, provided that no pre-existing lot shall be recognized based upon a lease except for a lease which complied with all other applicable laws when made, including Territorial statutes regulating the sale or lease of property by lot number or block number, and on September 25, 2002, the proposed lot contains a legal dwelling, or has been continuously leased since January 8, 1948, as a separate unit. (b) The lot was created prior to December 21, 1966, as an agricultural lot in excess of twenty acres pursuant to County ordinance. (c) The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor’s trust which deed was recorded at the State of Hawai‘i Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawai‘i Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes. (2002, ord 02-110, sec 3; am 2018, ord 18-12, sec 1.)23-118 SUPP. 4 (7-2018) 23-40 S UBDIVISIONS § 23-119 Section 23-119. Proof. The owner of property seeking certification as a pre-existing lot shall provide reasonable evidence to meet the criteria set forth therein, provided that recognition of a lot based on a lease shall be supported by evidence that a valid lease was in existence on January 8, 1948, which specifies the boundaries of the claimed lot with reasonable certainty. (2002, ord 02-110, sec 3.)23-119 SUPP. 4 (7-2018) 23-40.1 This page intentionally left blank. SUPP. 4 (7-2018) 23-40.2 S UBDIVISIONS § 23-120 Section 23-120. Use of certain pre-existing lots in consolidation and resubdivision. A pre-existing lot that was created for use as a road lot, a railroad right-of-way, a flume line, or a pole anchor, shall be excluded for calculating the number of lots in applying section 23-7, unless it is conforming, except to create road lots or other non- buildable lots. (2002, ord 02-110, sec 3.)23-120 Article 12. Condominium Property Regimes. Section 23-121. Purpose. The purpose of this article is to ensure that when land is placed under a condominium property regime, the individual units created are adequately served by roads, water systems, and other infrastructure, and that wastewater, drainage and flooding issues are properly addressed. It also clarifies the applicability of zoning regulations to condominium developments. (2002, ord 02-111, sec 2.)23-121 Section 23-122. Definitions. “Apartment” shall mean any area designated as an “apartment” in the declaration. “Common element” means any area designated as a “common element” in the declaration. “Condominium” means the ownership of single units, with common elements, located on property within a condominium property regime. “Condominium property regime” means the legal status created by chapter 514A, Hawai‘i Revised Statutes. “Declaration” means the instrument by which property is submitted to chapter 514A, Hawai‘i Revised Statutes, and as such declaration is amended from time to time. “Developer” means a person who undertakes to develop a real estate condominium project. “Limited common element” means any common element designated in the declaration as reserved for the use of a certain apartment to the exclusion of the other apartments. “Minimum building site area” means the minimum building site area established for the zoning district by the zoning code. For example, in the FA-3a district, the minimum building site area is 3 acres. In the RS-10 district, the minimum building site area is 10,000 square feet. “Project” means a real estate condominium project; a plan or project whereby a condominium of two or more apartments located within the condominium property regime is offered or proposed to be offered for sale. “Unit” means an apartment and any contiguous limited common elements. (2002, ord 02-111, sec 2.)23-122 23-41 § 23-123 H AWAI‘I C OUNTY C ODE Section 23-123. Applicability. Sections 23-121 to 23-140 apply only to condominium property regimes in the RS, RA, A, FA, IA, and APD zoning districts, and to no other zoning districts. (2002, ord 02-111, sec 2.)23-123 Section 23-124. Approval required. (a) No developer shall certify that the project is in compliance with all applicable County permitting requirements, pursuant to sections 514A-1.6, 514A-11(13) and 514A-40(a)(9), Hawai‘i Revised Statutes, or any successor statute, unless the project has received final map approval for a condominium property regime from the director as provided herein. (b) The director shall not certify that the project is in compliance with all applicable County permitting requirements, pursuant to sections 514A-1.6, 514A-39.5(c), and 514A-40(b)(1), Hawai‘i Revised Statutes, or any successor statutes, unless the project has received final map approval for a condominium property regime from the director as provided herein. (c) The application for map approval for a condominium property regime shall conform to the procedures for subdivision approval except as otherwise stated herein. (2002, ord 02-111, sec 2.)23-124 Section 23-125. Submission of preliminary map. The applicant shall submit a preliminary map for a condominium property regime containing the information required by a preliminary plat. It shall also show the location of all apartments, limited common elements, and common elements, shall identify which apartment each limited common element is appurtenant to, and shall identify each unit. The preliminary map shall conform to the declaration. (2002, ord 02-111, sec 2.)23-125 Section 23-126. Standards of review. In considering the application for preliminary map approval, the reviewing agencies shall consider each unit as a lot for the purpose of determining the necessary improvements. The applicant shall pay an application fee per unit equal to the fee required by a subdivision application containing the same number of lots. (2002, ord 02-111, sec 2.)23-126 Section 23-127. Common elements. The project may have common elements that are not included within a unit. (2002, ord 02-111, sec 2.)23-127 Section 23-128. Maximum number of units. The number of units shall not exceed the area of the project divided by the minimum building site area. (2002, ord 02-111, sec 2.)23-128 23-42 S UBDIVISIONS § 23-129 Section 23-129. Minimum building site area and unit dimensions. (a) Each unit shall contain no less than the minimum building site area, except as stated in (b). No limited common element may be included in more than one unit for the purpose of determining the minimum building site area. (b) The director may allow a reduction of the minimum building site area for a project not exceeding two acres, or for a project not exceeding three units, if the director finds that the overall development is consistent with the zoning district, and that the project would meet the applicable criteria for a planned unit development. In such projects, not exceeding two acres or three units, common areas not included in a unit may be apportioned to the units in determining whether the units meet the minimum building site area. The director shall not waive the requirement that the number of units shall not exceed the area divided by the minimum building site area. In the state land use agricultural or rural districts, the unit shall not be less than the minimum lot size required by the state land use law. (2002, ord 02-111, sec 2.)23-129 Section 23-130. Minimum unit dimensions. The width and length of a unit shall conform to the requirements for a building site established by the zoning district in question, except that the director may allow modification of dimensions if the director finds that the overall development is consistent with the zoning district, and that the project would meet the applicable criteria for a planned unit development. Common elements not included in a unit may be considered in making this determination. (2002, ord 02-111, sec 2.)23-130 Section 23-131. Tentative approval. The director shall grant tentative approval to a preliminary map for a condominium property regime in the same manner as tentative approval of a preliminary plat, with conditions consistent with those that would be imposed for a preliminary subdivision plat. (2002, ord 02-111, sec 2.)23-131 Section 23-132. Final approval if no infrastructure required. If the project requires no construction of streets, private streets, drainage improvements, sewers, water systems, utilities, or other infrastructure, the director shall issue final map approval for a condominium property regime at the same time as tentative approval. (2002, ord 02-111, sec 2.)23-132 Section 23-133. Construction plans. After the developer has secured tentative approval pursuant to section 23-131, and before beginning construction, the developer shall submit construction plans for approval pursuant to section 23-79. (2002, ord 02-111, sec 2.)23-133 23-43 § 23-134 H AWAI‘I C OUNTY C ODE Section 23-134. Final approval. After approval of construction plans under section 23-79, the director shall issue final map approval for a condominium property regime after the developer has (1) obtained certification of completion under section 23-98; or (2) entered into a bond for completion of improvements under sections 23-81 to 83. (2002, ord 02-111, sec 2.)23-134 Section 23-135. Conformance with conditions of approval required. The developer shall disclose the tentative approval and any conditions attached thereto in any filings with the real estate commission for obtaining an effective date for a final public report. (2002, ord 02-111, sec 2.)23-135 Section 23-136. Final condominium map. The developer shall prepare and file a final map for a condominium property regime that conforms to the preliminary map as tentatively approved. The review and approval of the final map shall conform to sections 23-72 to 23-74, insofar as applicable. (2002, ord 02-111, sec 2.)23-136 Section 23-137. No change in condominium after approval. After final approval of the map for a condominium property regime, no change may be made in the boundaries of the limited common elements or their assignment to apartments, or to the boundaries of the common elements, without the approval of the director. Approval shall be granted only if the changes also conform to the provisions of this chapter. (2002, ord 02-111, sec 2.)23-137 Section 23-138. Effect of condominium map approval. A unit within a project that has received final map approval for a condominium property regime and an effective date for a final public report shall be considered a legal building site and a lot for purposes of the zoning code and subdivision code. (2002, ord 02-111, sec 2.)23-138 Section 23-139. Development as a PUD or CPD. A project may be developed as a planned unit development or a cluster plan development. The standards of the approved planned unit development or cluster plan development shall supercede the standards of this chapter. (2002, ord 02-111, sec 2.)23-139 23-44 S UBDIVISIONS § 23-140 Section 23-140. Exemptions. (a) Notwithstanding section 23-124, the director shall certify compliance with all County laws if requested under section 514A-40, Hawai‘i Revised Statutes, to permit the developer to obtain an effective date for a final public report for a condominium property regime creating two units on a lot, if the project complies with applicable County requirements, except for the minimum building site area, minimum dimensions, and the provisions of this article, and, on or before June 19, 2001: (1) The declaration involving the condominium property regime had been filed with the bureau of conveyances, pursuant to section 514A-20, Hawai‘i Revised Statutes, or (2) A notice of intent had been filed with the real estate commission, pursuant to section 514A-31, Hawai‘i Revised Statutes, or (3) Fees had been committed for attorneys or surveys directly related to creating a condominium property regime on the lot. Documentary evidence to qualify under paragraph (3) shall be submitted to the director within six months of the approval of this ordinance. \[Effective: September 25, 2002\] Under this section, the developer may also amend a declaration or notice of intent filed on or before June 19, 2001, creating more than two units, to allow the creation of only two units. (b) Notwithstanding section 23-124, the director shall certify compliance with all applicable County laws under section 514A-40(b), Hawai‘i Revised Statutes, to permit the issuance of an effective date for a final public report creating two condominium units on a lot, if the lot contained, on June 19, 2001, two or more legal dwellings, either completed or with valid building permits, and the project complies with applicable County requirements, except for the minimum building site area, minimum dimensions, and the provisions of this article. The declaration establishing the condominium property regime shall be filed with the bureau of conveyances no later than one year after the effective date of this ordinance. \[Effective: September 25, 2002\] (c) Notwithstanding section 23-124 and section 23-140(a) and (b), the director shall certify compliance for no more than two units on a lot if the following exist: (1) The lot is in the County’s RS zoned district; (2) The lot contains at least two completed legal dwelling units; (3) The lot has legal access on a State or County road having a minimum 20-foot wide pavement or on a private road built to current County-dedicable standards; (4) The lot is serviced by a County or private water system with fire hydrants; and (5) A minimum of two-off street parking spaces are provided for each unit. (2002, ord 02-111, sec 2.)23-140 23-45 § 23-141 H AWAI‘I C OUNTY C ODE Section 23-141. Assessments and rollback taxes on condominiums. In all zoning districts, if a rezoning ordinance applicable to the property imposes a fair share assessment, impact fee, or other similar assessment payable upon subdivision, said fee shall be paid prior to final map approval for a condominium property regime or prior to the effective date of a final public report, if a condominium is created on the property. For purposes of rollback taxes under section 19-53, Hawai‘i County Code, the creation of units by condominium property regime shall be treated as subdivision into lots of like size. (2002, ord 02-111, sec 2.)23-141 Section 23-142. Effect of modification of state law. If state laws regulating condominium property regimes are amended or modified, the provisions of this chapter shall be interpreted to preserve the intent of this article. (2002, ord 02-111, sec 2.)23-142 Section 23-143. No retroactive effect. This ordinance shall not affect the legal status of any project that had received an effective date for a final public report before the effective date of this ordinance. \[Effective: September 25, 2002\] (2002, ord 02-111, sec 2.)23-143 23-46 CHAPTER 24 VEHICLES AND TRAFFIC Article 1. General Provisions. Section 24-1. Title. Section 24-2. Scope and applicability of chapter and of Statewide Traffic Code. Section 24-3. Definitions. Section 24-4. Use of coasters, roller skates, roller blades, skateboards, and other similar devices prohibited. Section 24-4.1. Penalties. Section 24-5. Obedience to traffic laws required. Section 24-6. Obedience to police and fire officials required. Section 24-7. Exercise of due care required. Article 2. Administration. Section 24-8. Council to exercise certain functions by ordinance. Section 24-9. Installation and maintenance of traffic-control devices. Section 24-10. Authority of chief of police to establish emergency and experimental regulations. Section 24-11. Temporary changes to effectuate amendments. Section 24-12. Duty of police to enforce traffic laws. Section 24-13. Police to direct traffic; firemen at fire. Section 24-14. Public employees to obey traffic laws. Article 3. Citations and Penalties. Section 24-15. Form of summons or citation. Section 24-16. Penalties. Article 4. Fees. Section 24-17. Motor vehicle tax; computation. Section 24-18. Motor vehicle tax; minimum tax; penalties for delinquency. Section 24-19. Vehicle registration fees. Section 24-20. Motor vehicle driver's permit and license fees. Section 24-21. Motor vehicle driver's license examination fees. Section 24-22. Disposition of fees. Article 5. Inspection of Vehicles. Section 24-23. Department of finance to inspect vehicles. Section 24-24. Periodic vehicle inspections. i Section 24-25. Cost of inspection stickers; fee for certificate of inspection. Section 24-26. Designation of inspection stations; permit required; application; bond. Section 24-27. Inspection of inspection stations; permit revocation. Section 24-28. Permit nontransferable; posting of permit. Section 24-29. Safety inspectors; certificates of inspection and approval; safety stickers; inspection reports. Section 24-30. Representation as official inspection station; permit necessary. Section 24-31. False certificates prohibited. Article 6. Equipment. Division 1. General Provisions. Section 24-32. Scope and effect of article. Section 24-33. Repealed. Division 2. Lamps. Subdivision 1. Generally. Section 24-34. When lighted lamps are required. Section 24-35. Visibility, distance, and mounted height of lamps. Subdivision 2. Headlamps, Tail Lamps, Reflectors, Turn Signals, Brake Lights and Back-Up Lights. Section 24-36. Headlamps on motor vehicles; specifications. Section 24-37. Tail lamp requirements. Section 24-38. Illumination of rear registration plate required. Section 24-39. Wiring of rear lamps. Section 24-40. Reflector specifications. Section 24-41. Stop lamps and turn signal specifications. Section 24-42. Brake lights. Section 24-43. Electric turn signals. Section 24-44. Back-up lights. Subdivision 3. Identification and Clearance Lamps. Section 24-45. Application of lighting requirements. Section 24-46. Identification lamp specifications. Section 24-47. Bus and truck requirements. Section 24-48. Trailer and semi-trailer requirements. Section 24-49. Truck tractor requirements. ii Section 24-50. Trailer requirements. Section 24-51. Pole trailer requirements. Section 24-52. Wide vehicles. Subdivision 4. Color, Mounting, and Visibility of Lamps. Section 24-53. Color of clearance lamps, identification lamps, side marker lamps, back-up lamps, and reflectors. Section 24-54. Mounting of reflectors, clearance lamps, and side marker lamps. Section 24-55. Visibility requirements for reflectors, clearance lamps, identification lamps, and marker lamps. Subdivision 5. When Lamps Required. Section 24-56. Vehicles in combination; obstructed lights not required. Section 24-57. Lamps or flags on projecting load. Section 24-58. Lamps or flags; pole trailers. Section 24-59. Lamps on parked vehicles. Section 24-60. Lamps on farm tractors, equipment and implements of husbandry. Section 24-61. Lamps on other vehicles and equipment. Subdivision 6. Special Purpose Lamps and Signal Devices. Section 24-62. Spot lamps. Section 24-63. Fog lamps. Section 24-64. Fog or parking lamps; moving use prohibited. Section 24-65. Auxiliary passing lamps. Section 24-66. Auxiliary driving lamps. Section 24-67. Running-board courtesy lamp. Section 24-68. Cowl or fender lamps. Section 24-69. School bus and emergency vehicle signal lamps. Section 24-70. Emergency vehicle flashing red light. Section 24-71. School bus or emergency vehicles only. Section 24-72. Siren. Section 24-73. Requirement of yielding right-of-way. Section 24-74. Special hazard vehicles; flashing amber warning lamps. Section 24-75. Warning lamp specifications. Subdivision 7. Road Lighting Equipment. Section 24-76. Multiple-beam lamps required. Section 24-77. Intensity requirement. Section 24-78. Multiple-beam lighting; beam indicator required. Section 24-79. Use of multiple-beam road-lighting equipment. Section 24-80. Single-beam road-lighting requirement. Section 24-81. Lighting equipment on motor-driven cycles. iii Section 24-82. Alternate road-lighting equipment; restriction. Section 24-83. Number of driving lamps required or permitted. Section 24-84. Lamp restrictions. Division 3. Brake Equipment. Section 24-85. Brake equipment required. Section 24-86. Service brakes; adequacy. Section 24-87. Parking brakes required. Section 24-88. Brakes on all wheels required; exceptions. Section 24-89. Automatic trailer brakes. Section 24-90. Tractor brakes; breakaway protection. Section 24-91. Trailer brakes; backflow protection. Section 24-92. Emergency brakes; air brake application. Section 24-93. Emergency brakes; vacuum brake controls. Section 24-94. One control to operate all brakes. Section 24-95. Reservoir capacity and check valve. Section 24-96. Warning devices required. Section 24-97. Performance ability of brakes. Section 24-98. Maintenance of brakes. Section 24-99. Brakes on motor-driven cycles. Section 24-100. Hydraulic brake fluid requirements. Division 4. Mirrors, Windshields and Mud Guards. Section 24-101. Mirror required. Section 24-102. Windshields; visibility unobstructed; stickers. Section 24-103. Windshield wiper required. Section 24-104. Windshields, fenders, and bumpers required; exception. Section 24-105. Mud and spray guard required. Section 24-106. Safety glazing material required. Section 24-107. Safety glazing material defined; broken material prohibited. Division 5. Muffler and Exhaust System. Section 24-108. Muffler defined. Section 24-109. Muffler required; excessive or unusual noise defined. Section 24-110. Exhaust system requirements. Section 24-111. Modified or altered exhaust systems. Division 6. Signal Devices. Section 24-112. Horn required; use. Section 24-113. Prohibited devices. iv Section 24-114. Theft alarm permitted. Section 24-115. Use of siren by emergency vehicles. Section 24-116. Back-up warning device. Division 7. Tires. Section 24-117. Tire capacity; worn tires prohibited. Section 24-118. Solid tires; metal tires; metal studs prohibited; exceptions. Section 24-119. Special permits for tractors. Division 8. Emergency Equipment. Section 24-120. Certain vehicles to carry flares or other warning devices; specifications. Section 24-121. Disabled vehicle to display warning devices. Section 24-122. Placement of emergency signals. Section 24-123. Placement of warning device on hill, curve or other obstruction to view. Section 24-124. Placement of warning devices on divided highway at night required. Section 24-125. Placement of warning devices during daylight hours. Section 24-126. Explosive or flammable cargo; flares prohibited. Section 24-127. Placement of warning devices near vehicle with explosives or flammable cargo. Section 24-128. Warning device specifications. Section 24-129. Vehicles transporting explosives; markings; fire extinguishers required. Division 9. Air Conditioning. Section 24-130. Air-conditioning equipment defined. Section 24-131. Standards applicable. Section 24-132. Compliance required; sale and use. Article 7. Operation of Vehicles. Division 1. Traffic-Control Devices. Section 24-133. Stop signs described; compliance; designated. Section 24-134. Procedure for entering stop intersections. Section 24-135. Speed, turn lane, passing, and other regulatory signs described. Section 24-136. Parking, bus stops, loading signs described. Section 24-137. Yield sign described; compliance. Section 24-138. Procedure for entering yield intersections. Section 24-139. Warning signs described. Section 24-140. Warning signs required for the protection of working men. v Section 24-141. Warning signs required for livestock movement. Section 24-142. Signs required at through streets. Section 24-143. One-way streets designated. Section 24-144. Markings specified. Section 24-145. No-passing zones. Section 24-145.1. Traffic signal systems. Division 2. Speed Regulations. Section 24-146. Fifty-five mph maximum speed permitted. Section 24-147. Reasonable speed required. Section 24-148. Speed law violations. Section 24-149. Maximum speed limit. Section 24-150. Speed limits. Section 24-150.1 Maximum speed limits may be reduced in a residential or a business district. Section 24-151. Minimum speed regulations. Division 3. Prohibited or Restricted Activities and Vehicles. Section 24-152. Tampering with vehicles prohibited; exception. Section 24-153. Interrupting procession. Section 24-153.1. Processions or parades; permit required; exceptions. Section 24-153.2. Funeral processions. Section 24-153.3. Street closure. Section 24-153.4. Permits; issuance; procedure. Section 24-154. Fleeing from police officer prohibited. Section 24-155. Unlawful riding. Section 24-156. Placing injurious substances on highway. Section 24-157. Damaging road; definition. Section 24-158. Slow moving vehicles; emblems required. Section 24-159. Misuse of emblem prohibited. Section 24-160. Manner of operation of slow moving vehicles. Section 24-161. Litter defined. Section 24-162. Load to be properly secured. Section 24-163. Pick-up vehicles; equipment. Section 24-164. Tracking mud or other material on highway prohibited. Section 24-165. Dual-wheeled vehicles; operation. Section 24-166. Restricted use of highways by certain vehicles. Section 24-167. Towed vehicles and trailers. Section 24-167.1. Use of mobile electronic devices while operating a vehicle. vi Division 4. Turns. Section 24-168. U-turns restricted; manner of. Section 24-169. Prohibited turns. Section 24-170. Right or left turns only. Section 24-171. Turn right anytime with caution in intersections. Section 24-172. Cutting corners. Division 5. Emergency Vehicles and School Buses, Right-of-Way. Section 24-173. Authorized emergency and special hazard vehicles. Section 24-174. Operation of vehicles on approach of authorized emergency vehicles. Section 24-175. Overtaking and passing school bus. Division 6. Golf Carts. Section 24-176. Definitions. Section 24-177. Carts prohibited from public thoroughfares; exception. Section 24-178. Restrictions on use. Section 24-179. Golf cart crossing; markings; use. Section 24-180. Nonresponsibility of County. Section 24-181. Indemnification by owner; notice. Section 24-182. Bond requirements; insurance policy. Section 24-183. Penalty. Section 24-184. Application of division. Division 7. Bicycles. Section 24-185. Bicycle operation; bike lanes; bike routes. Section 24-186. Parking bicycles without obstructing street or sidewalk. Division 8. Mopeds. Section 24-186.1. Moped rules. Division 9. Pedicabs. Section 24-186.2. Definition. Section 24-186.3. Use of pedicabs prohibited. Section 24-186.4. Penalty. vii Article 8. Parking, Standing and Stopping. Division 1. Parking Regulations. Section 24-187. Parking restricted. Section 24-188. Removal of illegally stopped vehicle. Section 24-189. Stopping, standing, or parking in certain areas prohibited. Section 24-190. Picking up or discharging passengers. Section 24-191. Loading or unloading of passengers or merchandise in certain areas. Section 24-192. Parking not to obstruct traffic. Section 24-193. Parking in alleys. Section 24-194. Parking for displaying, washing, and repairing vehicle; prohibited. Section 24-195. Time-limit parking zones. Section 24-196. No-parking zones. Section 24-197. Parking prohibited during certain hours. Section 24-198. Parking spaces; manner of parking; exception. Section 24-199. Abandoned special mobile equipment, vehicles, trailers, and equipment on wheels prohibited; disposition. Section 24-200. Registered owner's responsibility; registration plate as prima facie evidence as its parking. Section 24-201. Parking for authorized vehicles. Section 24-202. Stopping, standing, or parking on Federal-aid highways. Section 24-202.1. Parking prohibited in tow or tow-away zones. Section 24-202.2. Enforcement of article by designated employees of the County. Section 24-202.3. Citation power of public works employee. Section 24-202.4. Volunteer disabled parking enforcement program. Division 2. Parking Method. Section 24-203. Distance from curb; use of shoulder. Section 24-204. Angle parking; designation; marking of spaces. Section 24-205. Obedience to angle parking signs or markings. Section 24-206. Permits for loading or unloading at angle to curb. Section 24-207. Lamps on parked vehicles. Division 3. Stopping for Loading and Unloading. Section 24-208. Standing in passenger loading and unloading zones. Section 24-209. Standing in freight loading zones. Section 24-210. Hours of freight loading zones; schedule. Section 24-211. Bus parking; official bus stops. Section 24-212. Parking in bus stops and road taxi stands prohibited. Section 24-212.1. Standing in active loading and unloading zones. viii Division 4. Parking Meters. Subdivision 1. Meter Zones. Section 24-213. Parking meter zones. Section 24-214. Installation of parking meters. Section 24-215. Parking meter spaces. Section 24-216. Deposit of coins; time limits. Section 24-216.1. Repealed. Section 24-217. Hours of operation; exceptions. Section 24-218. Use of slugs prohibited. Section 24-219. Tampering with meters prohibited. Section 24-220. Collection, deposit, and application of proceeds. Subdivision 2. Use of Parking Stalls for Construction or Special Events. Section 24-221. Definitions. Section 24-222. Permit required. Section 24-223. Fees. Section 24-224. Permit application; contents; department to exercise discretion. Section 24-225. Responsibility for keeping permit at job site; inspection by authorized personnel. Section 24-226. Permit violations; enforcement. Section 24-227. Penalty. Division 5. County Building Parking. Section 24-228. Director of public works to regulate parking at County building. Section 24-229. Area of County lands regulated; hours. Section 24-230. Director of finance to set rates; theater parking; rental computation. Section 24-231. Parking application; assignment of spaces; special parking. Section 24-232. Map of parking areas; authority to change areas. Section 24-233. Shifting privileges and restrictions on certain occasions. Section 24-234. Enforcement of division. Section 24-235. Signs and pavement markings. Section 24-236. Parking in prohibited areas; towing vehicles; permit required. Section 24-237. Vehicle identification; evidence of violation. Section 24-238. Overtime parking in metered areas; citations. Section 24-239. Conditions for return of parking permit. Section 24-240. Penalty; revocation of parking privileges. Division 6. Parking for persons with disabilities. Section 24-241. Intent and purpose. Section 24-242. Definitions. Section 24-243. Issuing agency. ix Section 24-244. Parking privileges. Section 24-245. Fees. Section 24-245.1. Requirements; permit display, presentation of identification card and nontransferability. Section 24-245.2. Designation of parking spaces. Section 24-245.3. Violations and penalties. Division 7. Parking for electric vehicles. Section 24-245.4. Definitions. Section 24-245.5. Parking privileges. Section 24-245.6. Penalties. Article 9. Pedestrians. Section 24-246. Crosswalks established. Section 24-247. Entering obstructed intersection or crosswalk. Section 24-248. Roadways closed to pedestrian traffic. Section 24-249. Pedestrians soliciting rides or business prohibited. Section 24-250. Driving through safety zone prohibited. Section 24-251. Obstruction of highways. Section 24-252. Highway railings; prohibited acts. Articles 10 and 11. Vehicle and Traffic Schedules. * * Editor's Note: A rticles 10 and 11, that contain Vehicle and Traffic Schedules, are located behind the “Traffic Schedules” tab. SUPP. 13 (1-2023) x V EHICLES AND T RAFFIC§24-1 CHAPTER 24 VEHICLES AND TRAFFIC Article 1. General Provisions. Section 24-1. Title. This chapter may be cited as the Hawai‘i County traffic code. (1983 CC, c 24, art 1, sec 24-1.)24-1 Section 24-2. Scope and applicability of chapter and of Statewide Traffic Code. (a) The provisions set forth in this chapter are to provide for the regulation of traffic in the County of Hawai‘i, upon the following: (1) The public streets of the County; (2) Such private streets, highways, and thoroughfares: (A) Which have been continuously used by the general public for more than six months, and designated by the council, or (B) Which are intended for dedication to the public use as provided in section 264-1, Hawai‘i Revised Statutes, and are open for public travel but have not yet been accepted by the County; and (3) Such private properties which have been designated and identified as a special parking stall for disabled persons pursuant to section 24-243, Hawai‘i County Code. (b) Private streets, highways, and thoroughfares used primarily for actual agricultural and ranching purposes shall be exempt from this chapter. An agricultural zoning designation pursuant to the County zoning code, in and of itself, shall not constitute a sufficient indication that a street, highway, or thoroughfare is primarily used for actual agricultural and ranching purposes. (c) Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawai‘i Revised Statutes, known as the “Statewide Traffic Code,” and this chapter. (d) The County shall not be responsible for the maintenance and repair of any private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that private street, highway, or thoroughfare. (e) No adverse or prescriptive rights shall accrue to the general public when the County imposes or enforces traffic regulations and highway safety laws or places appropriate traffic-control devices on any private street, highway, or thoroughfare. (1983 CC, c 24, art 1, sec 24-2; am 1995, ord 95-129, sec 1; am 1998, ord 98-97, sec 1.)24- 2 24-1 § 24-3H AWAI‘I C OUNTY C ODE Section 24-3. Definitions. (a) As used in this chapter: (1) “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic. (2) “Arterial street” means any United States or State numbered route, controlled access highway or other major radial or circumferential street or highway forming a part of a major arterial system of streets or highways. (3) “Authorized emergency vehicle” means vehicles of the fire department, police vehicles while in the course of police work, ambulances, and other vehicles as authorized by the council. (4) “Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. (A) “Bicycle lane” means that portion of any highway which has been set aside for the preferential or exclusive use of bicycles. (B) “Bicycle path” means any facility set aside for the preferential or exclusive use of bicycles and physically separated from a highway. (C) “Bicycle route” means any highway that is designated to be shared by bicycles and pedestrians or motor vehicles, or both. (D) “Bicycle/walk path” means an existing sidewalk that is converted for use by both pedestrian and bicyclists. (E) “Bikeway” means a bicycle lane, bicycle path, bicycle route, or bicycle/walk path, or any traffic control device, shelter, parking facility, or other support facility to serve bicycles and persons using bicycles. (5) “Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) “Business district” means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. (7) “Controlled access highway” means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (8) “County engineer” means the director of public works of the County. 24-2 V EHICLES AND T RAFFIC§24-3 (9) “Crosswalk” means: (A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; (B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (10) “District engineer” means the chief engineer in the County of the highways division of the State department of transportation. (11) “Divided highway” means a highway divided into two or more separate roadways by medial strips. (12) “Emergency” means a situation where unforeseen, unexpected, or sudden occurrences call for immediate action by the responsible public officers, employees, or agents in order to preserve the public peace, health, or safety. (13) “Highway” means the width between the boundary lines of every way subject to this chapter when any part thereof is open to the use of the public for vehicular travel. (14) “Intersection” means: (A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (B) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (C) The junction of an alley with a street or highway shall not constitute an intersection. (15) “Moped” means any device upon which a person may ride which has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of one and one-half horsepower (one thousand, one hundred nineteen watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty-five miles per hour; and a direct or automotive power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. 24-3 § 24-3H AWAI‘I C OUNTY C ODE (16) “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (17) “Motorscooter” means every motor vehicle conforming to the definition of motorcycle, including motor-driven bicycles, and propelled by a motor which produces not more than five horsepower. (18) “Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails. (19) “Official act” means an act by a public officer, employee, or agent of the County or State in such person’s official capacity, under color of such person’s title and by virtue of such person’s office as authorized by law. (20) “Official traffic-control device” means any sign, signal, marking or device not inconsistent with this Code placed or erected by authority of or with the consent of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (21) “Operator” or “driver” means every person who drives or is in actual physical control of a vehicle, or who is exercising control over or steering a vehicle being towed by a motor vehicle. (22) “Owner” means a person, other than a lien-holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. (23) “Park” or “parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (24) “Passenger car” means every motor vehicle, except motorcycles and motor- driven cycles, designed and used for the transportation of persons. (25) “Pedestrian” means any person, afoot, in an invalid chair, or in a vehicle propelled by a person afoot. (26) “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (27) “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (28) “Private road” or “private driveway” 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, and not so used by other persons. 24-4 V EHICLES AND T RAFFIC§24-3 (29) “Protective eyewear” means any device intended to be worn over the eye area, including, but not limited to, goggles or face shields, and designed primarily to protect the eyes of the wearer from flying objects or debris. Such protective eyewear shall be designed in such a way so as not to hamper the direct or peripheral vision of the wearer and so as to reasonably protect the eyes of the wearer from the entry of flying objects. (30) “Public holiday” means any legal holiday now existing, or such as may be subsequently specifically proclaimed by the governor of the State. (31) “Reconstructed vehicle” means every vehicle which is materially altered from the original construction by the removal, addition, or substitution of essential parts, new or used. Essential parts are all integral and body parts of a vehicle of a type required to be registered, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle, or substantially alter its appearance, model, type, or mode of operation. (32) “Residential district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of one-quarter mile or more is in the main improved with residences or residences and buildings in use for business. (33) “Right-of-way” means the right of a vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision, unless one vehicle grants precedence to the other. (34) “Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently, or any part of the weight of a vehicle or load so drawn. (35) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term roadway shall refer to any such roadway separately, but not to all such roadways collectively. (36) “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs plainly visible at all times while set apart as a safety zone. (37) “School bus” means every motor vehicle that complies with the color and identification requirements specified by rules promulgated pursuant to chapter 91, Hawai‘i Revised Statutes, by the State highway safety coordinator, and that is used to transport children to or from school, or in connection with school activities, but not including buses operated by common carriers in transportation of school children. (38) “Semi-trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. 24-5 § 24-3H AWAI‘I C OUNTY C ODE (39) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for use of pedestrians. (40) “Siren” means a warning device for authorized emergency vehicle use, limited to the following sounds: (A) Wail; (B) Yelp; (C) European Hi-low; (D) Riot: A combination of the Yelp and European Hi-low. (41) “Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. (42) “Special hazard vehicle” means any vehicle engaged in activities which create special hazards upon the highways including: (a) highway maintenance vehicles used by highway authorities when working on the highway; (b) public utility vehicles when necessarily parked other than adjacent to the curb in a highway for purposes of working on facilities; (c) trucks actually engaged in the towing of houses or buildings; (d) any pilot car required by permit issued by highway authorities while actually engaged in the movement of extra legal- size vehicles or loads; (e) tow cars while preparing a vehicle for towing and while towing a disabled vehicle; (f) vehicles used for mosquito abatement control when dispersing insecticides; and (g) other vehicles creating special hazards which may be designated by the chief of police. (43) “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (44) “Specially constructed vehicle” means every vehicle of a type required to be registered and not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction. (45) “Speed Limit” means the absolute maximum speed limit designated and physically displayed in the right of way for establishing the legal maximum vehicle velocity. (46) “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. 24-6 V EHICLES AND T RAFFIC§24-3 (47) “Stop” (when required) means complete cessation of movement. (48) “Stop” or “stopping” (when prohibited) means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or traffic-control sign or signal. (49) “Street” means the entire width between boundary lines of every way subject to this chapter when any part thereof is open to the use of the public for purposes of vehicular travel. (50) “Taxicab” means a chauffeur driven vehicle other than a bus or tour vehicle, available for hire or while carrying passengers for a fare. (51) “Through highway” means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device, when such signs or devices are erected as provided by law. (52) “Tour vehicle” means a chauffeur driven passenger vehicle other than a bus operated for the principal purpose of sight-seeing tours. (53) “Tow” or “tow-away zone” means any street or highway or portion thereof, designated by the County council by ordinance as a tow or tow-away zone, whereon the parking, stopping or standing of vehicles is prohibited entirely or during specific hours. (54) “Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together, while using any highway for purposes of travel. (55) “Traffic-control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (56) “Trailer” means every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (57) “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property. (58) “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (59) “Turn around area” means that portion of a dead-end street designed primarily for turning a vehicle in the opposite direction. 24-7 § 24-3H AWAI‘I C OUNTY C ODE (60) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (1983 CC, c 24, art 1, sec 24-3; am 1988, ord 88-84, sec 2, ord 88-168, sec 2; am 1995, ord 95-25, secs 1 - 3; am 1996, ord 96-1, sec 2; ord 96-112, sec 2; am 1998, ord 98-97, sec 2; am 2001, ord 01-108, sec 1; am 2007, ord 07-59, sec 1.)24-3 Section 24-4. Use of coasters, roller skates, roller blades, skateboards, and other similar devices prohibited. (a) No person shall ride a coaster, roller skates, roller blades, skateboard, or any similar device upon any roadway except while crossing a street in a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. (b) No person shall ride a coaster, roller skates, roller blades, skateboard, or any similar device upon any sidewalk or sidewalk area, except upon a permanent or temporary driveway specifically designated and authorized for such use, in the following designated locations: (1) Within the downtown Hilo commercial area bounded by the Wailuku River on the west; Hilo Bay on the north; twenty feet east of the eastern most boundary of Ponahawai Street (this boundary shall also continue in a northerly direction, from the point twenty feet east of the Ponahawai Street and Kamehameha Avenue intersection, across Kamehameha Avenue, through Bayfront Park and the Hawai‘i Belt Road, to Hilo Bay) on the east; and twenty feet south of the southern most boundary of Kapiolani and Kaiulani Streets on the south (including the portion of Waianuenue Avenue which is contiguous to Kapiolani and Kaiulani Streets). (1983 CC, c 24, art 1, sec 24-4; am 1999, ord 99-153, sec 2.)24-4 Section 24-4.1. Penalties. Any person who violates any provision of this section shall upon conviction be subject to a fine of not more than $25 for a first conviction; not more than $50 for a second conviction; and not more than $75 for a third or subsequent conviction. Upon the third conviction of a violation of any provision of this section, the Court shall order the confiscation of the coaster, roller skates, roller blades, skateboard, or similar device used in the subsequent violation. (1999, ord 99-153, sec 2.)24-4.1 Section 24-5. Obedience to traffic laws required. Any person doing any act forbidden by this chapter or failing to perform any act required by this chapter shall be punished as provided in section 24-16. (1983 CC, c 24, art 1, sec 24-5.)24-5 24-8 V EHICLES AND T RAFFIC§24-6 Section 24-6. Obedience to police and fire officials required. No person shall fail to comply with any lawful order or direction of a police officer or fire department official. (1983 CC, c 24, art 1, sec 24-6.)24-6 Section 24-7. Exercise of due care required. Every operator of a motor vehicle shall exercise due care in the operation of such vehicle upon any street or highway so as to avoid endangering any person, vehicle or property on or off such street or highway. (1983 CC, c 24, art 1, sec 24-7.)24-7 Article 2. Administration. Section 24-8. Council to exercise certain functions by ordinance. (a) The council shall by ordinance: (1) Determine and designate the type of all official traffic control devices; provided, such official control devices shall, with respect to size, shape and color, be uniform, shall correlate with and conform to, the system then current, as approved by the Federal Highway Administration, U.S. Department of Transportation. (2) Create, define, redefine, eliminate or change all speed zones, safety zones, quiet zones, crosswalks other than at intersections, freight and passenger loading and unloading zones, no-parking zones, time-limit parking zones, parking meter zones, tow or tow-away zones, bus stops, U-turn areas, prohibited U-turn areas, prohibited left and right turns, one-way streets, through streets, stop intersections, roadways closed to pedestrian traffic, and roadways closed to certain classes of vehicles. (1983 CC, c 24, art 2, sec 24-8; am 1988, ord 88-1, sec 1; ord 88-168, sec 3.)24-8 Section 24-9. Installation and maintenance of traffic-control devices. (a) The provisions set forth in this chapter are to provide for the installation and maintenance of traffic-control devices upon the following categories of streets: (1) Publicly Maintained Streets. Subject to section 24-8, the director of public works is authorized, and as to those devices, signs, signals, and markings required for the purpose of traffic control, it shall be the director of public works’ duty to place and maintain or cause to be placed and maintained all official traffic-control devices, signs, signals and markings on publicly maintained streets. (2) Privately Owned and Maintained Streets. The owner(s) of privately owned and maintained streets which are subject to regulation pursuant to the provisions of section 24-2, are authorized and required to place and maintain or cause to be placed and maintained all official traffic-control devices, signs, signals and markings on their streets, upon adoption of an ordinance pursuant to section 24-8. 24-9 § 24-9H AWAI‘I C OUNTY C ODE (b) All devices, signs, signals and markings required for the purpose of traffic control shall be uniform as to type and location throughout the County. (c) County consent to the placement of traffic-control signs or markings on a private street shall not be deemed to constitute ownership or control over that street. (1983 CC, c 24, art 2, sec 24-9; am 1988, ord 88-1, sec 2; am 1995, ord 95-112, sec 2; am 1998, ord 98-97, sec 3; am 2001, ord 01-108, sec 1.)24-9 Section 24-10. Authority of chief of police to establish emergency and experimental regulations. (a) The chief of police is empowered to make regulations necessary to make effective the provisions of this chapter, and to make and enforce temporary or experimental regulations to cover emergencies or special conditions, and to post signs pertaining thereto. No such temporary or experimental regulation shall remain in effect for more than ninety days. (b) The department of police and the department of public works of the County may test traffic-control devices under actual conditions of traffic. (1983 CC, c 24, art 2, sec 24-10.)24-10 Section 24-11. Temporary changes to effectuate amendments. The director of public works of the County is hereby empowered to make changes in parking and other traffic controls for a period of ninety days as a temporary measure to effectuate the provisions of an amendment to this chapter. The director of public works may have a single ninety-day extension of this period, if a bill to enact the so effectuated amendment of this chapter remains pending before the County council at the end of the initial ninety-day period. Any additional extensions of time shall require council approval. (1983 CC, c 24, art 2, sec 24-11; am 2001, ord 01-108, sec 1; am 2007, ord 07-57, sec 2.)24-11 Section 24-12. Duty of police to enforce traffic laws. (a) It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce all street traffic laws of this County and all of the State vehicle laws applicable to street traffic in this County. (b) Any police officer citing or arresting any driver for the following traffic violations may have the motor vehicle towed to a private tow yard at the registered owner’s expense pursuant to Hawai‘i Revised Statutes (“HRS”) 291C-165.5(a): (1) Driving without a license pursuant to HRS 286-102; (2) Driving while license is suspended or revoked pursuant to HRS 286-132; (3) Operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-61; (4) Habitually operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-61.5; 24-10 V EHICLES AND T RAFFIC§24-12 (5) Operating a vehicle after license and privilege has been suspended or revoked for operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-62; (6) Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one pursuant to HRS 291E-64; or (7) Fraudulent use plates, tags, or emblems pursuant to HRS 249-11. (c) Pursuant to HRS section 291C-165.5(b), tow companies shall give notice to the registered owners and lien holders for vehicles towed under this section. (d) Pursuant to HRS section 291C-165.5(b), any motor vehicle not recovered within thirty days of the notice being mailed for any violation of section (b) above, shall be deemed abandoned and may be sold or disposed of as junk. (e) Community caretaking considerations: Vehicles are not to be towed and/or impounded under the authority of this section under any of the following circumstances: (1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left in the parked location; (2) The registered owner and/or a passenger present in the vehicle at the time of the stop has a valid driver’s license and are willing and legally able to drive the vehicle at the time after the stop; or (3) The vehicle is legally parked at a time and place where the likelihood of it being subject to theft and/or vandalism is remote and traffic or public safety is not impeded. (f) The police department is not responsible to protect any vehicle left on any road or property after the driver has been arrested for a violation as provided in subsection (b). (1983 CC, c 24, art 2, sec 24-12; am 2011, ord 11-102, sec 2.)24-12 Section 24-13. Police to direct traffic; firemen at fire. (a) Officers of the police department, and officers as are assigned by the chief of police, are authorized to direct all traffic by voice, hand, or signal in conformance with the traffic laws. (b) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (1983 CC, c 24, art 2, sec 24-13.)24-13 24-11 § 24-14H AWAI‘I C OUNTY C ODE Section 24-14. Public employees to obey traffic laws. The provisions of this chapter shall apply to the operator of any vehicle owned by or used in the service of the United States government, the State or the County. No driver or operator of any government vehicle shall violate any of the provisions of this chapter, except as otherwise permitted by this chapter or by Federal or State law. (1983 CC, c 24, art 2, sec 24-14.)24-14 Article 3. Citations and Penalties. Section 24-15. Form of summons or citation. There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators. (1983 CC, c 24, art 3, sec 24-15.)24-15 Section 24-16. Penalties. Unless otherwise provided for elsewhere in this chapter, or in the Hawai‘i Revised Statutes, as amended, any person convicted of a violation of any section or provision of this chapter shall be punished by a fine of not more than $100 for the first conviction; not more than $200 for the second conviction of a second offense committed within one year after the date of the first offense; not more than $500 for the third or subsequent conviction of a third or subsequent offense committed within one year after the date of the first offense. (1983 CC, c 24, art 3, sec 24-16; am 1994, ord 94-103, sec 2.)24-16 Article 4. Fees. Section 24-17. Motor vehicle tax; computation. Except as otherwise provided in sections 249-1 through 249-13 of the Hawai‘i Revised Statutes, all vehicles and motor vehicles, as defined in section 249-1 of the Hawai‘i Revised Statutes, located in the County at the time of registration, shall be subject to an annual tax computed according to the net weight of each vehicle in the manner provided in this section. The tax shall become due and payable on an annual basis, as billed by the department of finance. The tax shall be paid by the owner of each vehicle and collected by the director of finance. If any vehicle is transported into the County after the payment of the tax, no additional tax shall be imposed on that vehicle for the remaining period of the year for which such tax has been paid. (a) The rate for motor vehicles designed primarily for carrying passengers shall be 1 and 1/4 cent per pound of the net weight of such vehicle. This category shall include buses, ambulances, and hearses. (b) The rate for trucks or noncommercial motor vehicles having a net weight of six thousand five hundred pounds or less and certified as noncommercial shall be 1 and 1/4 cent per pound of the net weight of such vehicles. 24-12 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. (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.)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. (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. 24-13 § 24-19H AWAI‘I C OUNTY C ODE (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. (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.)24-19 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. 24-14 V EHICLES AND T RAFFIC§24-20 (j) Driver’s license valid for eight years, $40. (k) Renewal of driver’s license valid for eight years, $40. (l) Reactivation fee for each thirty-day period after the ninety-day grace period for renewal within one year of expiration, $5. (m) Duplicate license/permit, $6. (n) Road test fees (categories 1, 2, and 3), $10; (category 4), $50. (o) Written test fee, $1. (p) Oral examination fee, $10. (q) Provisional license valid until age nineteen, $5 per year. (r) Request for verification of license status, $10. (1983 CC, c 24, art 4, sec 24-20; am 1994, ord 94-88, sec 1; am 1998, ord 98-10, sec 1; am 2005, ord 05-163, sec 2; am 2009, ord 09-83, sec 2.)24-20 Section 24-21. Motor vehicle driver's license examination fees. The following fees are established for the examination of drivers applying for a driver's license: (a) Written examination fee, $1. (b) Oral examination fee (applicable to those requesting an oral examination, either for an instruction permit or for a license renewal in categories 1-3), $10. (c) Fees for commercial driver's licenses will be collected pursuant to the provisions of State law. (1983 CC, c 24, art 4, sec 24-21; am 1994, ord 94-88, sec 2.)24-21 Section 24-22. Disposition of fees. All fees collected under this article shall be deposited in the general fund of the County of Hawai‘i as County realizations. (1983 CC, c 24, art 4, sec 24-22.)24-22 Article 5. Inspection of Vehicles. Section 24-23. Department of finance to inspect vehicles. The department of finance is designated as the County department having the responsibility for administering the periodic vehicle inspection program. (1983 CC, c 24, art 5, sec 24-23; am 2008, ord 08-100, sec 2.)24-23 Section 24-24. Periodic vehicle inspections. Periodic safety inspection of vehicles shall be as provided by law and rules and regulations promulgated by the State director of transportation, formerly the State highway safety coordinator. (1983 CC, c 24, art 5, sec 24-24; am 1986, ord 86-48, sec 1.)24-24 24-15 § 24-25H AWAI‘I C OUNTY C ODE Section 24-25. Cost of inspection stickers; fee for certificate of inspection. (a) The department of finance shall charge and collect from each operator of an official inspection station the sum of 20 cents for each vehicle inspection sticker denoting the month of expiration and the sum of 20 cents for each vehicle inspection sticker denoting the year of expiration. (b) The person operating an official inspection station may charge not more than the following fees for the certificate of inspection and approval and affixing of inspection stickers, regardless of whether a certificate of approval is issued or whether affixing of inspection stickers is done: Vehicle Inspection Fees: Automobiles and Trucks........................................................................... Not more than $9.75 Motorcycles, Mopeds, and Trailers .......................................................... Not more than $4.25 (1983 CC, c 24, art 5, sec 24-25; am 1987, ord 87-63, sec 1; am 2008, ord 08-100, sec 3.)24-25 Section 24-26. Designation of inspection stations; permit required; application; bond. (a) The director of finance shall issue permits for and furnish instructions and all forms to official inspection stations for the inspection and adjustment of brakes, wheel alignment, lighting equipment, steering mechanism, horns, mirrors, windshield wipers, and other equipment of motor vehicles, trailers, and semitrailers. (b) Application for the permit shall be made upon an official form and shall be granted only when the director of finance is satisfied that the station is properly equipped and has competent personnel to make such inspections and adjustments. Before issuing a permit, the director of finance may require the applicant to file a bond to make compensation for any damage to a vehicle during inspection due to negligence on the part of such applicant or the applicant’s employees. (c) No permit for an official inspection station shall be issued to a station without the following equipment: Headlight testing machine and a wheel alignment gauge or tester as approved by the director of finance. (1983 CC, c 24, art 5, sec 24-26; am 2008, ord 08-100, sec 4.)24-26 Section 24-27. Inspection of inspection stations; permit revocation. The director of finance shall supervise and cause inspections to be made of inspection stations and shall revoke and require the surrender of the permit issued to a station which the director of finance finds is not properly equipped or conducted. (1983 CC, c 24, art 5, sec 24-27; am 2008, ord 08-100, sec 5.)24-27 24-16 V EHICLES AND T RAFFIC§24-28 Section 24-28. Permit nontransferable; posting of permit. No permit for an official station shall be assigned, transferred, or used at any location other than therein designated. Every permit shall be posted in a conspicuous place at the location designated. (1983 CC, c 24, art 5, sec 24-28.)24-28 Section 24-29. Safety inspectors; certificates of inspection and approval; safety stickers; inspection reports. (a) No person may conduct motor vehicle safety inspections unless such person is first certified as a safety inspector by the director of finance. (b) A safety inspector shall not issue a certificate of inspection and approval to the owner of an inspected vehicle, and shall not affix an official safety sticker to an inspected vehicle, unless, after inspecting the vehicle pursuant to the rules and regulations of the State director of transportation, the safety inspector determines that the vehicle's equipment is in good working condition and proper adjustment and the vehicle is in safe operating condition. (c) A report of each inspection conducted shall be made to the director of finance pursuant to the rules and regulations promulgated by the State director of transportation. (1983 CC, c 24, art 5, sec 24-29; am 1986, ord 86-48, sec 2; am 2008, ord 08-100, sec 6.)24-29 Section 24-30. Representation as official inspection station; permit necessary. (a) No person shall in any manner represent any place as an official inspection station unless such place is operating under a valid permit issued by the director of finance. (b) No person other than a person operating an inspection station under a valid permit shall issue a certificate of inspection and approval. (1983 CC, c 24, art 5, sec 24-30; am 2008, ord 08-100, sec 7.)24-30 Section 24-31. False certificates prohibited. (a) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of inspection and approval. (b) No person shall display or cause or permit to be displayed upon any vehicle any certificate of inspection and approval knowing the certificate to be fictitious, or issued for another vehicle, or issued without an adequate inspection having been made. (1983 CC, c 24, art 5, sec 24-31.)24-31 24-17 § 24-32H AWAI‘I C OUNTY C ODE Article 6. Equipment. Division 1. General Provisions. Section 24-32. Scope and effect of article. (a) No person shall drive or move, and no owner shall cause or knowingly permit to be driven or moved on any highway, any vehicle or combination of vehicles: (1) which is in such unsafe condition as to endanger any person, (2) which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or (3) which is equipped in any manner in violation of this chapter. (b) No person shall do any act forbidden or fail to perform any act required under this chapter. (c) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter. (d) The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as specifically made applicable. (1983 CC, c 24, art 6, sec 24-32.)24-32 Section 24-33. Repealed. (1983 CC, c 24, art 6, sec 24-33; rep 1996, ord 96-112, sec 3.)24-33 Division 2. Lamps. Subdivision 1. Generally. Section 24-34. When lighted lamps are required. Every vehicle upon a highway within the County at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as required by this chapter for different classes of vehicles, subject to exceptions with respect to parked vehicles. (1983 CC, c 24, art 6, sec 24-34.)24-34 Section 24-35. Visibility, distance, and mounted height of lamps. (a) For a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated, this provision shall apply during the times stated in section 24-34, whenever requirement is declared in this article as to distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible. 24-18 V EHICLES AND T RAFFIC§24-35 (b) Whenever requirement is declared in this article as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load. (1983 CC, c 24, art 6, sec 24-35.)24-35 Subdivision 2. Headlamps, Tail Lamps, Reflectors, Turn Signals, Brake Lights and Back-Up Lights. Section 24-36. Headlamps on motor vehicles; specifications. (a) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two headlamps, with at least one on each side of the front of the motor vehicle. The headlamps shall comply with the requirements and limitations set forth in this chapter. (b) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter. (c) Every headlamp upon every motor vehicle, including every motorcycle and motor- driven cycle, shall be located at a height measured from the center of the headlamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in section 24-35(b). (1983 CC, c 24, art 6, sec 24-36.)24-36 Section 24-37. Tail lamp requirements. (a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as required in section 24-35, shall emit a red light plainly visible from a distance of one thousand feet to the rear. In the case of a combination of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. (b) Every above-mentioned vehicle, other than a truck tractor, shall be equipped with at least two tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as required, shall comply with the provisions of this section. (c) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches. (1983 CC, c 24, art 6, sec 24-37.)24-37 Section 24-38. Illumination of rear registration plate required. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. (1983 CC, c 24, art 6, sec 24-38.)24-38 24-19 § 24-39H AWAI‘I C OUNTY C ODE Section 24-39. Wiring of rear lamps. Any tail lamp or tail lamps together with any separate lamp for illuminating the rear registration plate shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. (1983 CC, c 24, art 6, sec 24-39.)24-39 Section 24-40. Reflector specifications. (a) Every motor vehicle, trailer, semi-trailer, and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors except that motorcycles and motor-driven cycles shall carry at least one such reflector. Vehicles of the types mentioned in sections 24-45 through 24-51 shall be equipped with reflectors meeting the requirements of sections 24-54(a) and 24-55(a). (b) Every such reflector shall be mounted on the vehicle at a height not less than twenty inches nor more than sixty inches measured as set forth in section 24-35(b) and shall be of such size and character and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of lawful upper beams of headlamps, except where visibility from a greater distance may be required on certain types of vehicles. (1983 CC, c 24, art 6, sec 24-40.)24-40 Section 24-41. Stop lamps and turn signal specifications. (a) Every motor vehicle, trailer, semi-trailer, and pole trailer shall be equipped with two or more stop lamps meeting the requirements of section 24-42 except that motorcycles and motor-driven cycles shall be equipped with at least one stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in section 24-42. (b) Every motor vehicle, trailer, semi-trailer and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of section 24-43, except that passenger cars and trucks less than eighty inches in width, and motorcycles and motor-driven cycles, need not be equipped with electric turn signal lamps. (1983 CC, c 24, art 6, sec 24-41.)24-41 Section 24-42. Brake lights. Any vehicle so required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than three hundred feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with one or more other rear lamps. (1983 CC, c 24, art 6, sec 24-42.)24-42 24-20 V EHICLES AND T RAFFIC§24-43 Section 24-43. Electric turn signals. (a) When required under section 24-41(b), a vehicle shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. (b) Turn signal lamps on vehicles eighty inches or more in over-all width shall be visible from a distance of not less than five hundred feet in normal sunlight. Turn signal lamps on vehicles less than eighty inches wide shall be visible at a distance of not less than three hundred feet in normal sunlight. (c) Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle. (1983 CC, c 24, art 6, sec 24-43.)24-43 Section 24-44. Back-up lights. Any motor vehicle may be equipped with one or more back-up lamps either separately or in combination with other lamps, but any such back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion. (1983 CC, c 24, art 6, sec 24-44.)24-44 Subdivision 3. Identification and Clearance Lamps. Section 24-45. Application of lighting requirements. In addition to the other equipment required by this division, buses, trucks, truck tractors and trailers, semi-trailers and pole trailers, when operated upon the highway, shall meet the requirements of sections 24-44 et seq. and 24-53 et seq. (1983 CC, c 24, art 6, sec 24-45.)24-45 Section 24-46. Identification lamp specifications. (a) Whenever required or permitted by this division, identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than twenty inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline. (b) Where the cab of a vehicle is not more than forty-two inches wide at the front roof line, a single identification lamp at the center of the cab shall be deemed to comply with the requirements for front identification lamps. (1983 CC, c 24, art 6, sec 24-46.)24-46 24-21 § 24-47H AWAI‘I C OUNTY C ODE Section 24-47. Bus and truck requirements. (a) Buses and trucks eighty inches or more in over-all width shall have: (1) On the front, two clearance lamps, one at each side, and three identification lamps meeting the specifications of section 24-46. (2) On the rear, two clearance lamps, one at each side, and three identification lamps meeting the specifications of section 24-46 provided that reflectors may be used in lieu of clearance lamps on rear-end dump trucks and trucks equipped with hydraulic tailgates. (3) On each side, two side marker lamps, one at or near the front and one at or near the rear. (4) On each side, two reflectors, one at or near the front and one at or near the rear. (1983 CC, c 24, art 6, sec 24-47.)24-47 Section 24-48. Trailer and semi-trailer requirements. (a) Trailers and semi-trailers eighty inches or more in over-all width shall have: (1) On the front, two clearance lamps, one at each side. (2) On the rear, two clearance lamps, one at each side; three identification lamps meeting the specifications of section 24-46. (3) On each side, two side marker lamps, one at or near the front and one at or near the rear. (4) On each side, two reflectors, one at or near the front and one at or near the rear. (1983 CC, c 24, art 6, sec 24-48.)24-48 Section 24-49. Truck tractor requirements. Truck tractors shall have on the front, two cab clearance lamps, one at each side, and three identification lamps meeting the specifications of section 24-46. (1983 CC, c 24, art 6, sec 24-49.)24-49 Section 24-50. Trailer requirements. Trailers, semi-trailers and pole trailers thirty feet or more in over-all length shall have on each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle. (1983 CC, c 24, art 6, sec 24-50.)24-50 Section 24-51. Pole trailer requirements. (a) Pole trailers shall have: (1) On each side, one amber side marker lamp at or near the front of the load; (2) One amber reflector at or near the front of the load; and (3) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer. (1983 CC, c 24, art 6, sec 24-51.)24-51 24-22 V EHICLES AND T RAFFIC§24-52 Section 24-52. Wide vehicles. Any vehicle eighty inches or more in overall width, if not otherwise required by this subdivision, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in section 24-46. (1983 CC, c 24, art 6, sec 24-52.)24-52 Subdivision 4. Color, Mounting, and Visibility of Lamps. Section 24-53. Color of clearance lamps, identification lamps, side marker lamps, back-up lamps, and reflectors. (a) Front clearance lamps, identification lamps, and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. (b) Rear clearance lamps, identification lamps, and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. (c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red or amber, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber. (1983 CC, c 24, art 6, sec 24-53.)24-53 Section 24-54. Mounting of reflectors, clearance lamps, and side marker lamps. (a) Reflectors when required by subdivision 3 of this division, shall be mounted at a height not less than twenty-four inches and not higher than sixty inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. (b) The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. (c) Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter. (d) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both. (1983 CC, c 24, art 6, sec 24-54.)24-54 24-23 § 24-55H AWAI‘I C OUNTY C ODE Section 24-55. Visibility requirements for reflectors, clearance lamps, identification lamps, and marker lamps. (a) Every reflector upon any vehicle referred to in subdivision 3 of this division shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. (b) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet, and fifty feet from the front and rear respectively, of the vehicle. (c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the side of the vehicle on which mounted. (1983 CC, c 24, art 6, sec 24-55.)24-55 Subdivision 5. When Lamps Required. Section 24-56. Vehicles in combination; obstructed lights not required. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination. This section shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. (1983 CC, c 24, art 6, sec 24-56.)24-56 Section 24-57. Lamps or flags on projecting load. (a) Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of the vehicle there shall be displayed at the extreme rear end of the load, at the times specified in section 24-34, two red lamps, visible from a distance of at least five hundred feet to the rear, two red reflectors meeting the requirements of section 24-55(a) visible from the rear and located so as to indicate maximum width, and on each side one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang. (b) There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than four feet beyond its rear, red flags, not less than twelve inches square, marking the extremities of such load, at each point where a lamp would otherwise be required by this section, under section 24-34. (1983 CC, c 24, art 6, sec 24-57.)24-57 24-24 V EHICLES AND T RAFFIC§24-58 Section 24-58. Lamps or flags; pole trailers. (a) No pole trailer shall be operated on the public highway with any part of the permanent structure or load extending in excess of six feet back from the center of the rearmost axle of the vehicle unless there is displayed at the extreme rear end of the load or permanent structure at the times specified in section 24-34, two red lamps, visible from a distance of at least five hundred feet to the rear, two red reflectors meeting the requirements of section 24-55(a), visible from the rear and located so as to indicate maximum width and on each side one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang to the rear. (b) There shall be displayed at all other times, red flags, not less than twelve inches square, marking the extremities of the load or permanent structure, at each point where a lamp would otherwise be required by this section, and section 24-34. (1983 CC, c 24, art 6, sec 24-58.)24-58 Section 24-59. Lamps on parked vehicles. (a) Every vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and a red light visible from a distance of five hundred feet to the rear of the vehicle. The location of the lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle. (b) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet upon the street or highway, no lights need be displayed upon the parked vehicle. (c) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of five hundred feet upon the highway, the vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this section. (d) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. (1983 CC, c 24, art 6, sec 24-59.)24-59 24-25 § 24-60H AWAI‘I C OUNTY C ODE Section 24-60. Lamps on farm tractors, equipment and implements of husbandry. (a) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry shall at all times mentioned in section 24-34, be equipped with two single-beam or multiple-beam headlamps meeting the requirements of sections 24-76, 24-77 and 24-78 or 24-80, or as an alternative, section 24-82, and at least two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and at least two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of headlamps. (b) Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall at all times mentioned in section 24-34, be equipped with lamps as follows: (1) The farm tractor element of every such combination shall be equipped as required in paragraph (a) of this section. (2) The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two red reflectors visible to the rear from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of headlamps. (3) These combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible when lighted from a distance of not less than one thousand feet to the front. This lamp shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the combination carrying it. (c) The two red lamps and the two red reflectors required in subsections (a) and (b) of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them. (1983 CC, c 24, art 6, sec 24-60.)24-60 Section 24-61. Lamps on other vehicles and equipment. Every vehicle, including animal-drawn vehicles and vehicles referred to in section 24-32, not specifically required by the provisions of this article to be equipped with lamps or other lighting devices, shall at all times specified in section 24-34 be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front of the vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of the vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two red reflectors visible from all distances of six hundred to one hundred feet to the rear when illuminated by the upper beams of headlamps. (1983 CC, c 24, art 6, sec 24-61.)24-61 24-26 V EHICLES AND T RAFFIC§24-62 Subdivision 6. Special Purpose Lamps and Signal Devices. Section 24-62. Spot lamps. Any motor vehicle may be equipped with not more than two spot lamps. Every lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will strike the windshield or any windows, mirror, or occupant of another vehicle in use. (1983 CC, c 24, art 6, sec 24-62.)24-62 Section 24-63. Fog lamps. Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower headlamp beams as specified in sections 24-76, 24-77, and 24-78. (1983 CC, c 24, art 6, sec 24-63.)24-63 Section 24-64. Fog or parking lamps; moving use prohibited. (a) No vehicle shall be driven at any time with fog lamps lighted except when the headlamps are also lighted. (b) No vehicle shall be driven at any time with parking lamps lighted except when the parking lamps are being used as turn signals or when the headlamps are also lighted. (1983 CC, c 24, art 6, sec 24-64.)24-64 Section 24-65. Auxiliary passing lamps. Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of sections 24-76, 24-77, and 24-78 shall apply to any combination of headlamps and auxiliary passing lamps. (1983 CC, c 24, art 6, sec 24-65.)24-65 Section 24-66. Auxiliary driving lamps. Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of sections 24-76, 24-77, and 24-78 shall apply to any combination of headlamps and auxiliary driving lamps. (1983 CC, c 24, art 6, sec 24-66.)24-66 24-27 § 24-67H AWAI‘I C OUNTY C ODE Section 24-67. Running-board courtesy lamp. Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare. (1983 CC, c 24, art 6, sec 24-67.)24-67 Section 24-68. Cowl or fender lamps. Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (1983 CC, c 24, art 6, sec 24-68.)24-68 Section 24-69. School bus and emergency vehicle signal lamps. Every school bus shall, and every authorized emergency vehicle may, in addition to any other equipment and distinctive markings required by this chapter be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level, and these lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. (1983 CC, c 24, art 6, sec 24-69.)24-69 Section 24-70. Emergency vehicle flashing red light. (a) Every authorized emergency vehicle except police vehicles and authorized civil defense emergency vehicles shall be equipped with at least one flashing red light visible to the front of the vehicle for a distance of five hundred feet in normal sunlight. (b) Police vehicles shall be equipped with at least one flashing blue light visible to the front of the vehicle for a distance of five hundred feet in normal sunlight. (c) Authorized civil defense emergency vehicles shall be equipped with at least one flashing red light visible to the front of the vehicle for a distance of three hundred feet in normal sunlight. (1983 CC, c 24, art 6, sec 24-70.)24-70 Section 24-71. School bus or emergency vehicles only. The lighting equipment described in sections 24-69 and 24-70 shall not be used on any vehicle other than a school bus or an authorized emergency vehicle. (1983 CC, c 24, art 6, sec 24-71.)24-71 Section 24-72. Siren. Only authorized emergency vehicles may be equipped with a siren. (1983 CC, c 24, art 6, sec 24-72.)24-72 24-28 V EHICLES AND T RAFFIC§24-73 Section 24-73. Requirement of yielding right-of-way. The use of the signal equipment described in this subdivision shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in sections 24-174 and 24-175. (1983 CC, c 24, art 6, sec 24-73.)24-73 Section 24-74. Special hazard vehicles; flashing amber warning lamps. Every special hazard vehicle shall display flashing amber warning lamps which shall be visible to the front, sides and rear. Flashing warning lamps, when used, shall meet the current specifications established by the Society of Automotive Engineers. (1983 CC, c 24, art 6, sec 24-74.)24-74 Section 24-75. Warning lamp specifications. (a) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this chapter. (b) The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. (c) The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. (d) The warning lights shall be visible from a distance of not less than fifteen hundred feet under normal atmospheric conditions at night. (1983 CC, c 24, art 6, sec 24-75.)24-75 Subdivision 7. Road Lighting Equipment. Section 24-76. Multiple-beam lamps required. Except as provided in this subdivision the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the limitations in this subdivision. (1983 CC, c 24, art 6, sec 24-76.)24-76 Section 24-77. Intensity requirement. (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of loading. 24-29 § 24-77H AWAI‘I C OUNTY C ODE (b) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead. On a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. (1983 CC, c 24, art 6, sec 24-77.)24-77 Section 24-78. Multiple-beam lighting; beam indicator required. Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in the County which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. (1983 CC, c 24, art 6, sec 24-78.)24-78 Section 24-79. Use of multiple-beam road-lighting equipment. (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 24-34, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the requirements and limitations in subsections (b) and (c) of this section. (b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in section 24-77(b) shall be deemed to avoid glare at all times, regardless of road contour and loading. (c) Whenever the driver of a vehicle approaches another vehicle from the rear, within three hundred feet, the driver shall use a distribution of light permissible under this division other than the uppermost distribution of light specified in section 24-77(a). (1983 CC, c 24, art 6, sec 24-79.)24-79 Section 24-80. Single-beam road-lighting requirement. (a) Headlamp systems which provide only a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1962, in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations: (1) The headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. 24-30 V EHICLES AND T RAFFIC§24-80 (2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. (1983 CC, c 24, art 6, sec 24-80.)24-80 Section 24-81. Lighting equipment on motor-driven cycles. (a) The headlamp or headlamps upon every motor-driven cycle may be of the single- beam or multiple-beam type but in either event shall comply with the requirements and limitations set forth in this section. (b) Every headlamp or headlamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor-driven cycle is operated at any speed less than twenty-five miles per hour and at a distance of not less than two hundred feet when the motor- driven cycle is operated at a speed of twenty-five or more miles per hour, and at a distance of not less than three hundred feet when the motor-driven cycle is operated at a speed of thirty-five or more miles per hour. (c) In the event the motor-driven cycle is equipped with a multiple-beam headlamp or headlamps, the upper beam shall meet the minimum requirements set forth in subsection (b) and shall not exceed the limitations set forth in section 24-77(a) and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in section 24-77(b). (d) In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, the lamp or lamps shall be so aimed that when the vehicle is loaded, none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes. (1983 CC, c 24, art 6, sec 24-81.)24-81 Section 24-82. Alternate road-lighting equipment; restriction. Any motor vehicle may be operated under the conditions specified in section 24-34 when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in sections 24-76, 24-77, and 24-78, or 24-80, provided, that at no time shall it be operated at a speed in excess of twenty miles per hour. (1983 CC, c 24, art 6, sec 24-82.)24-82 Section 24-83. Number of driving lamps required or permitted. (a) At all times specified in section 24-34, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (b) Whenever a motor vehicle equipped with headlamps as required in this chapter is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. (1983 CC, c 24, art 6, sec 24-83.)24-83 24-31 § 24-84H AWAI‘I C OUNTY C ODE Section 24-84. Lamp restrictions. (a) During the times specified in section 24-34, any lighted lamp or illuminating device upon a motor vehicle, other than headlamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle. (b) Except as required in sections 24-69 through 24-74, no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. (c) Flashing lights are prohibited except as required in sections 24-69 through 24-74, and authorized in sections 24-42, 24-43, 24-44, 24-52, 24-67, 24-68, and 24-75. (1983 CC, c 24, art 6, sec 24-84.)24-84 Division 3. Brake Equipment. Section 24-85. Brake equipment required. Every motor vehicle, trailer, semi-trailer and pole trailer, and any combination of such vehicles operating upon a highway within this County shall be equipped with brakes in compliance with the requirements of this division. (1983 CC, c 24, art 6, sec 24-85.)24-85 Section 24-86. Service brakes; adequacy. Every vehicle and combination of vehicles, except special mobile equipment as defined in section 24-3 (43) shall be equipped with service brakes complying with the performance requirements of section 24-97, and adequate to control the movement of and to stop and hold the vehicle under all conditions of loading, and on any grade incident to its operation. (1983 CC, c 24, art 6, sec 24-86.)24-86 Section 24-87. Parking brakes required. (a) Every vehicle and combination of vehicles, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort, by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. 24-32 V EHICLES AND T RAFFIC§24-87 (b) The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes. (1983 CC, c 24, art 6, sec 24-87.)24-87 Section 24-88. Brakes on all wheels required; exceptions. (a) Every vehicle shall be equipped with brakes acting on all wheels except: (1) Trailers, semi-trailers, or pole trailers of a gross weight not exceeding three thousand pounds, provided that: (A) The total weight on and including the wheels of the trailer or trailers shall not exceed forty percent of the gross weight of the towing vehicle when connected to the trailer or trailers, and (B) The combination of vehicles, consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of section 24-97. (2) Any vehicle being towed in driveaway or tow-away operations, provided the combination of vehicles is capable of complying with the performance requirements of section 24-97. (3) Trucks and truck-tractors having three or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck-tractors must be capable of complying with the performance requirements of section 24-97. (4) Special mobile equipment as defined in section 24-3(43). (5) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, or the front wheel of a motor-driven cycle need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of section 24-97. (1983 CC, c 24, art 6, sec 24-88.)24-88 Section 24-89. Automatic trailer brakes. Every trailer, semi-trailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semi-trailer, and pole trailer with a gross weight in excess of three thousand pounds, manufactured or assembled after July 1, 1961, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle. (1983 CC, c 24, art 6, sec 24-89.)24-89 24-33 § 24-90H AWAI‘I C OUNTY C ODE Section 24-90. Tractor brakes; breakaway protection. Every motor vehicle manufactured or assembled after July 1, 1961, and used to tow a trailer, semi-trailer, or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes. (1983 CC, c 24, art 6, sec 24-90.)24-90 Section 24-91. Trailer brakes; backflow protection. Air brake systems installed on trailers manufactured or assembled after July 1, 1961, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. (1983 CC, c 24, art 6, sec 24-91.)24-91 Section 24-92. Emergency brakes; air brake application. (a) Every towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or tow-away operations, shall be equipped with two means for emergency application of the trailer brakes. (1) One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall not be lower than twenty pounds per square inch nor higher than forty-five pounds per square inch. (2) The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat. Its emergency position or method of operation shall be clearly indicated. (b) In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. (c) The automatic and the manual means required by this section may be, but are not required to be, separate. (1983 CC, c 24, art 6, sec 24-92.)24-92 Section 24-93. Emergency brakes; vacuum brake controls. Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or tow-away operations shall have, in addition to the single control device required by section 24-94, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. (1983 CC, c 24, art 6, sec 24-93.)24-93 24-34 V EHICLES AND T RAFFIC§24-94 Section 24-94. One control to operate all brakes. (a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and every combination of such vehicles, except motorcycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. (b) This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. (c) This regulation does not apply to driveaway or tow-away operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle. (1983 CC, c 24, art 6, sec 24-94.)24-94 Section 24-95. Reservoir capacity and check valve. (a) Air Brakes. Every bus, truck or truck tractor with air operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily draining accumulated oil or water. (b) Vacuum Brakes. Every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent. (c) Reservoir Safeguarded. All motor vehicles, trailers, semi-trailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure. (1983 CC, c 24, art 6, sec 24-95.)24-95 Section 24-96. Warning devices required. (a) Air Brakes. Every bus, truck or truck-tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. 24-35 § 24-96H AWAI‘I C OUNTY C ODE (b) Vacuum Brakes. Every truck-tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or tow-away operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle’s supply reservoir or reserve capacity is less than eight inches of mercury. (c) Combination of Warning Devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be adequate means of satisfying this requirement. (1983 CC, c 24, art 6, sec 24-96.)24-96 Section 24-97. Performance ability of brakes. (a) Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of: (1) Developing a braking force that is not less than the percentage of its gross weight tabulated herein for its classification; (2) Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated herein for its classification; and (3) Stopping from a speed of twenty miles per hour in not more than the distance tabulated herein for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins. (b) Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material. 24-36 V EHICLES AND T RAFFIC§24-97 (c) Table of Required Brake Performance. Classification of Vehicles Braking force Deceleration Brake system as a percentage in feet application and of gross vehicle per second braking distance in or combination per second feet from an initial weightspeed of 20 m.p.h. APassenger vehicleswith a seating capacity of 10 people or less including driver, not having a 52.8%1725 manufacturer's gross vehicle weight rating B-1All motorcycles and motor- 43.5% 14 30 driven cycles B-2Single unit vehicles with a manufacturer's gross vehicle weight rating of 43.5% 14 30 10,000 pounds or less C-1Single unit vehicles with a manufacturer's gross weight rating of more than 43.5% 14 40 10,000 pounds C-2Combination of a two-axle towing vehicle and a trailer with a gross trailer 43.5% 14 40 weight of 3,000 pounds or less C-3Buses, regardless of the number of axles, not having a manufacturer's 43.5%1440 gross weight rating C-4All combinations of vehicles in driveaway-tow- 43.5% 14 40 away operations DAll other vehicles and 43.5%1450 combinations of vehicles (1983 CC, c 24, art 6, sec 24-97.)24-97 24-37 § 24-98H AWAI‘I C OUNTY C ODE Section 24-98. Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practical with respect to the wheels on opposite sides of the vehicle. (1983 CC, c 24, art 6, sec 24-98.)24-98 Section 24-99. Brakes on motor-driven cycles. (a) The director of finance is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which the director of finance finds will not comply with the performance ability standard set forth in section 24-97 or which in the director of finance’s opinion is equipped with a braking system that is not so designed or constructed as to insure reasonable and reliable performance in actual use. (b) No person shall operate on any highway any vehicle referred to in this section in the event the director of finance has disapproved the braking system upon such vehicle. (1983 CC, c 24, art 6, sec 24-99; am 2008, ord 08-100, sec 8.)24-99 Section 24-100. Hydraulic brake fluid requirements. (a) The term hydraulic fluid as used in this section means the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. (b) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public. (c) Hydraulic brake fluid shall conform to the current standards and specifications of the Society of Automotive Engineers applicable to such fluid. (d) No person shall distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with the requirements of this section. (e) No person shall service any vehicle with brake fluid unless it complies with the requirements of this section. (1983 CC, c 24, art 6, sec 24-100.)24-100 Division 4. Mirrors, Windshields and Mud Guards. Section 24-101. Mirror required. Every motor vehicle shall be equipped with a mirror or mirrors so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of the vehicle. (1983 CC, c 24, art 6, sec 24-101.)24-101 Section 24-102. Windshields; visibility unobstructed; stickers. (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle which obstructs the driver’s clear view of the highway or any intersecting highway. 24-38 V EHICLES AND T RAFFIC§24-102 (b) Posters or stickers approved by the director of finance shall be placed at the lower right-hand corner of the front windshield of a left-hand driven motor vehicle or at the lower left-hand corner of the front windshield of a right-hand driven motor vehicle. However, such posters or stickers so placed shall not cover an area greater than four inches by six inches, except for nonresidence permits or for military requirements, in which cases an additional area of four and one-half inches by six inches may be used. Furthermore, a poster or sticker of any size may be placed upon the front windshield if it is shown to the satisfaction of the director of finance that such placement will not obstruct the driver's clear view. (c) No person shall drive any motor vehicle with any nontransparent material or object suspended within the windshield area as viewed from the driver’s seat, except rear view mirrors nor shall any person drive any motor vehicle upon the hood or radiator of which is attached any fixture or ornament of any material which vibrates, swings, or flutters within view of the driver of the vehicle. (1983 CC, c 24, art 6, sec 24-102; am 1988, ord 88-11, sec 1; am 2008, ord 08-100, sec 9.)24-102 Section 24-103. Windshield wiper required. (a) The windshield on every motor vehicle shall be equipped with a device for cleaning rain or other moisture from the windshield. Such device shall be so constructed as to be controlled or operated by the driver of the vehicle. (b) Every windshield wiper upon a vehicle shall be maintained in good working order. (1983 CC, c 24, art 6, sec 24-103.)24-103 Section 24-104. Windshields, fenders, and bumpers required; exception. (a) Every motor vehicle upon a highway, excepting a motorcycle or motor scooter, shall be equipped with a windshield and front and rear bumpers. (b) Every motor vehicle upon a highway shall be equipped with fenders for all wheels. (c) Where the type of vehicle and the usage of the vehicle make the foregoing equipment impractical, such equipment may be eliminated upon approval of the director of finance. (1983 CC, c 24, art 6, sec 24-104; am 2008, ord 08-100, sec 10.)24-104 Section 24-105. Mud and spray guard required. No person shall operate on any highway any motor vehicle, trailer, or semi-trailer unless equipped with fenders, covers, or devices, including flaps or splash aprons, or unless the body of the vehicle or attachments thereto afford adequate protection to effectively minimize the spray or splash of water or mud to the rear of the vehicle. (1983 CC, c 24, art 6, sec 24-105.)24-105 24-39 § 24-106H AWAI‘I C OUNTY C ODE Section 24-106. Safety glazing material required. (a) No person shall sell any new motor vehicle nor shall any new motor vehicle be registered unless such vehicle is equipped with safety glazing material of a type meeting the current specifications of the Society of Automotive Engineers wherever glazing material is used in doors, windows and windshields. (b) Subsection (a) of this section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the driver's compartments of such vehicles. (1983 CC, c 24, art 6, sec 24-106.)24-106 Section 24-107. Safety glazing material defined; broken material prohibited. (a) The term safety glazing materials means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources, or by these safety glazing materials when they may be cracked or broken. (b) No person shall operate a motor vehicle which is equipped with safety glazing material which is shattered or broken. (1983 CC, c 24, art 6, sec 24-107.)24-107 Division 5. Muffler and Exhaust System. Section 24-108. Muffler defined. Muffler as used in this division means a device consisting of a series of baffle plates, chambers, or perforated tube or tubes with spun glass, spun steel, or other type of sandwich packing, or of other mechanical design or construction, for the purpose of receiving exhaust gas and controlling exhaust noise from the motor of a motor vehicle. (1983 CC, c 24, art 6, sec 24-108.)24-108 Section 24-109. Muffler required; excessive or unusual noise defined. (a) No person shall operate a motor vehicle on a public highway or street unless the motor vehicle is equipped, at all times, with a muffler or mufflers in constant operation and of such length and size or of sufficient capacity for the motor and exhaust system to prevent the escape of excessive or annoying fumes or smoke, and excessive or unusual noise. (b) Excessive or unusual noise as used in this division means noise in excess of the usual noise which would necessarily result from the operation of a motor when reduced to the minimum by a muffler. (1983 CC, c 24, art 6, sec 24-109.)24-109 24-40 V EHICLES AND T RAFFIC§24-110 Section 24-110. Exhaust system requirements. No person shall operate a motor vehicle on a public highway or street unless the motor and exhaust system of the motor vehicle is properly equipped and adjusted so as to prevent (a) the escape of excessive or annoying fumes or smoke, and (b) the emission of excessive or unusual noise. (1983 CC, c 24, art 6, sec 24-110.)24-110 Section 24-111. Modified or altered exhaust systems. No person shall operate on a public highway or street a motor vehicle (a) with a motor or exhaust system which has been altered or modified to such an extent that the noise emitted by the motor or exhaust system shall be deemed excessive or unusual or (b) equipped with a dummy muffler, cut-out by-pass or other similar device. (1983 CC, c 24, art 6, sec 24-111.)24-111 Division 6. Signal Devices. Section 24-112. Horn required; use. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. (b) The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with the driver’s horn, but shall not otherwise use such horn when upon a highway. (1983 CC, c 24, art 6, sec 24-112.)24-112 Section 24-113. Prohibited devices. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this chapter. (1983 CC, c 24, art 6, sec 24-113.)24-113 Section 24-114. Theft alarm permitted. Any commercial vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. (1983 CC, c 24, art 6, sec 24-114.)24-114 Section 24-115. Use of siren by emergency vehicles. Any authorized emergency vehicle may be equipped with a siren capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type complying with section 24-3(40), but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of such vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the approach thereof. (1983 CC, c 24, art 6, sec 24-115.)24-115 24-41 § 24-116H AWAI‘I C OUNTY C ODE Section 24-116. Back-up warning device. Any truck used to haul dirt, rock, concrete, or other construction material may be equipped with a horn, bell, or whistle in the rear, capable of emitting a sound audible under normal conditions from a distance of not less than two hundred feet. Such warning device, however, shall be sounded only while the truck is backing up. (1983 CC, c 24, art 6, sec 24-116.)24-116 Division 7. Tires. Section 24-117. Tire capacity; worn tires prohibited. (a) Every motor vehicle shall be equipped with tires of adequate capacity to support its weight, including load. (b) No motor vehicle shall be operated on tires which have been worn so smooth as to expose any tread fabric or which have any defects likely to cause failure. (1983 CC, c 24, art 6, sec 24-117.)24-117 Section 24-118. Solid tires; metal tires; metal studs prohibited; exceptions. (a) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer, or semi- trailer having any metal tire in contact with the roadway. (c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, exception that: (1) it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and (2) it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety. (1983 CC, c 24, art 6, sec 24-118.)24-118 Section 24-119. Special permits for tractors. The State highway engineer or the State highway engineer’s representative in the case of State highways, or the director of public works, in the case of County highways, may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this division. (1983 CC, c 24, art 6, sec 24-119; am 2001, ord 01-108, sec 1.)24-119 24-42 V EHICLES AND T RAFFIC§24-120 Division 8. Emergency Equipment. Section 24-120. Certain vehicles to carry flares or other warning devices; specifications. (a) No person shall operate any motor truck, passenger bus or truck tractor, or any motor vehicle towing a house trailer at any time from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle the following equipment except as provided in section 24-126. (1) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet under normal atmospheric conditions at nighttime. All flares, fusees, electric lanterns, or cloth warning flags used for the purpose of compliance with the requirements of this section shall meet the current specifications of the Society of Automotive Engineers. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to include two reflecting elements one above the other, each of which shall be capable of reflecting red light clearly visible from all distances within six hundred feet to one hundred feet under normal atmospheric conditions at night when directly in front of lawful upper beams of headlamps, and unless it is of a type which meets the current specifications of the Society of Automotive Engineers. (2) At least three red-burning fuses unless red electric lanterns or red portable emergency reflectors are carried. (3) At least two red-cloth flags, not less than twelve inches square, with standards to support such flags. (1983 CC, c 24, art 6, sec 24-120.)24-120 Section 24-121. Disabled vehicle to display warning devices. Whenever any motor truck, passenger bus, truck tractor, trailer, semi-trailer or pole trailer, or any motor vehicle towing a house trailer is disabled upon the traveled portion of any highway or the shoulder thereof at any time when lighted lamps are required on vehicles, the driver of such vehicle shall display the warning devices prescribed in this division upon the highway during the time the vehicle is so disabled on the highway, except as provided in section 24-123. (1983 CC, c 24, art 6, sec 24-121.)24-121 Section 24-122. Placement of emergency signals. (a) As required by section 24-121 a lighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic. 24-43 § 24-122H AWAI‘I C OUNTY C ODE (b) As soon thereafter as possible but in any event within the burning period of the fusee (fifteen minutes), the driver shall place three liquid-burning flares (pot torches), or three lighted red electric lanterns or three portable red emergency reflectors on the traveled portion of the highway in the following order: (1) One, approximately one hundred feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane. (2) One, approximately one hundred feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle. (3) One, at the traffic side of the disabled vehicle not less than ten feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph (1) of this subsection, it may be used for this purpose. (1983 CC, c 24, art 6, sec 24-122.)24-122 Section 24-123. Placement of warning device on hill, curve or other obstruction to view. Whenever any vehicle referred to in this division is disabled within five hundred feet of a curve, hillcrest or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than one hundred feet nor more than five hundred feet from the disabled vehicle. (1983 CC, c 24, art 6, sec 24-123.)24-123 Section 24-124. Placement of warning devices on divided highway at night required. Whenever any vehicle of a type referred to in this division is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in sections 24-121, 24-122, and 24-123, shall be placed as follows: (1) one at a distance of approximately two hundred feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; (2) one at a distance of approximately one hundred feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; (3) one at the traffic side of the vehicle and approximately ten feet from the vehicle in the direction of the nearest approaching traffic. (1983 CC, c 24, art 6, sec 24-124.)24-124 24-44 V EHICLES AND T RAFFIC§24-125 Section 24-125. Placement of warning devices during daylight hours. Whenever any vehicle of a type referred to in this division is disabled upon the traveled portion of a highway or the shoulder thereof at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the vehicle. (1983 CC, c 24, art 6, sec 24-125.)24-125 Section 24-126. Explosive or flammable cargo; flares prohibited. No person shall operate any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in such vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of section 24-120. There shall not be carried in any such vehicle any flares, fusees, or signal produced by flame. (1983 CC, c 24, art 6, sec 24-126.)24-126 Section 24-127. Placement of warning devices near vehicle with explosives or flammable cargo. Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway at any time or place mentioned in sections 24-121 and 24-122, the driver of such vehicle shall immediately display the following warning devices: one red electric lantern or portable red emergency reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors, one placed approximately one hundred feet to the front and one placed approximately one hundred feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle. Flares, fusees or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this section. (1983 CC, c 24, art 6, sec 24-127.)24-127 Section 24-128. Warning device specifications. The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this division shall conform with the requirements of sections 24-120 and 24-126. (1983 CC, c 24, art 6, sec 24-128.)24-128 24-45 § 24-129H AWAI‘I C OUNTY C ODE Section 24-129. Vehicles transporting explosives; markings; fire extinguishers required. (a) Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the following requirements: (1) The vehicle shall be marked or placarded on each side and the rear with the word “Explosives” in letters not less than eight inches high, or there shall be displayed on the rear of the vehicle a red flag not less than twenty-four inches square marked with the word “Danger” in white letters six inches high. (2) Every vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle. (1983 CC, c 24, art 6, sec 24-129.)24-129 Division 9. Air Conditioning. Section 24-130. Air-conditioning equipment defined. Air-conditioning equipment as used in this division means mechanical vapor compression refrigeration equipment which is used to cool the driver's or passenger compartment of any motor vehicle. (1983 CC, c 24, art 6, sec 24-130.)24-130 Section 24-131. Standards applicable. (a) Air-conditioning equipment shall be manufactured, installed and maintained with due regard for the safety of the occupants of the vehicle and public and shall not contain any refrigerant which is toxic to persons or which is flammable. (b) Such equipment shall conform to the current recommended practice or standard applicable to such equipment approved by the Society of Automotive Engineers. (1983 CC, c 24, art 6, sec 24-131.)24-131 Section 24-132. Compliance required; sale and use. (a) No person shall have for sale, offer for sale, sell or equip any motor vehicle with any air-conditioning equipment unless it complies with the requirements of this division. (b) No person shall operate on any highway any motor vehicle equipped with any air- conditioning equipment unless the equipment complies with the requirements of this division. (1983 CC, c 24, art 6, sec 24-132.)24-132 24-46 V EHICLES AND T RAFFIC§24-133 Article 7. Operation of Vehicles. Division 1. Traffic-Control Devices. Section 24-133. Stop signs described; compliance; designated. (a) Stop signs shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended. (b) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. (c) The intersections described in article 10, schedule 12, section 24-264, and article 11, schedule 11, section 24-307, are stop intersections when marked by appropriate signs giving notice thereof. (1983 CC, c 24, art 7, sec 24-133; am 1999, ord 99-65, sec 2.)24-133 Section 24-134. Procedure for entering stop intersections. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by section 24-133, and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection. (1983 CC, c 24, art 7, sec 24-134; am 1996, ord 96-41, sec 2.)24-134 Section 24-135. Speed, turn lane, passing, and other regulatory signs described. All regulatory signs shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended. (1983 CC, c 24, art 7, sec 24-135; am 1996, ord 96-41, sec 2.)24-135 Section 24-136. Parking, bus stops, loading signs described. Signs governing parking, bus stops, loading zones, etc., shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended. (1983 CC, c 24, art 7, sec 24-136; am 1996, ord 96-41, sec 3.)24-136 Section 24-137. Yield sign described; compliance. (a) The yield sign shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended. 24-47 § 24-137H AWAI‘I C OUNTY C ODE (b) The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. (c) The locations described in schedule 13, section 24-265, are yield locations when marked by appropriate signs giving notice thereof. (1983 CC, c 24, art 7, sec 24-137; am 1996, ord 96-41, sec 4; am 2000, ord 00-87, sec 1.)24-137 Section 24-138. Procedure for entering yield intersections. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection; provided, however, that if a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield right-of-way. (1983 CC, c 24, art 7, sec 24-138.)24-138 Section 24-139. Warning signs described. All warning signs and advisory speed plates shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended. (1983 CC, c 24, art 7, sec 24-139; am 1996, ord 96-41, sec 5.)24-139 Section 24-140. Warning signs required for the protection of working men. No person shall work upon that portion of any highway devoted to vehicular traffic, and no governmental department or person shall permit any person to so work, unless there shall be placed in the center of the highway or on the side of the roadway, if work is done immediately adjacent to the roadway, suitable signs with black letters not less than four inches in height on a yellow field carrying the warning “Men Working.” Such signs are to be placed no less than two hundred feet nor more than six hundred feet on both approaches to the place where any such person is so working; provided, however, that between one-half hour after sunset and one-half hour before sunrise, there shall be required on any such sign a properly lighted lantern or lamp. (1983 CC, c 24, art 7, sec 24-140.)24-140 Section 24-141. Warning signs required for livestock movement. (a) Any person who drives or herds any livestock across a public highway shall place warning signs adjacent to the public highway. The signs shall be posted immediately before and removed immediately after the livestock cross the highway. (b) In areas where the speed limit is more than thirty-five miles per hour, said signs shall be posted five hundred feet from the crossing point on each approach except when the crossing point is clearly visible within said distance. 24-48 V EHICLES AND T RAFFIC§24-141 (c) In areas where the speed limit is thirty-five miles per hour or less, signs shall be posted two hundred fifty feet from the crossing point on each approach except when the crossing point is clearly visible within this distance. (1983 CC, c 24, art 7, sec 24-141; am 1996, ord 96-41, sec 6.)24-141 Section 24-142. Signs required at through streets. (a) Whenever any ordinance or law of this County designates and describes a through street or stop intersection, it shall be the duty of the County and/or director of public works or owner(s) of private streets to place and maintain stop and/or yield signs on each and every street intersecting such through street and at every stop intersection unless traffic at any such intersection is controlled at all times by traffic-controlled signals. The highway safety council may recommend when yield signs may be substituted for stop signs. (b) The streets as described in article 10, schedule 14, section 24-266, and article 11, schedule 12, section 24-308, are established and designated as through streets. (1983 CC, c 24, art 7, sec 24-142; am 1998, ord 98-97, sec 4; am 1999, ord 99-65, sec 3; am 2001, ord 01-108, sec 1.)24-142 Section 24-143. One-way streets designated. The streets as described in schedule 15, section 24-267 or portions thereof are designated and shall be sign-posted as one-way streets to be traveled upon only in the direction indicated. (1983 CC, c 24, art 7, sec 24-143.)24-143 Section 24-144. Markings specified. (a) Center, no passing, double, safety zone, pavement-width transition, parking space, and all lines running parallel to the pavement edge shall be at least four inches in width. Safety zones shall be designated by a line running parallel to the pavement edge and said line shall be at least eight inches in width. (b) Channelizing, turn symbol, stop, crosswalk, word and symbol, and all other lines running at right angles to the pavement edge shall be at least eight inches in width. (c) Curb markings shall cover the face and top of curbs. (d) All lines or markings shall be painted as follows: (1) Lines delineating the separation of traffic flows in opposing direction shall be yellow. (2) Lines delineating the separation of traffic flows in the same direction shall be white. (e) Curb markings designating that curbside stopping, standing, or parking are prohibited within a certain area shall be red or yellow in color. The traffic engineer of the County and the district engineer of the State department of transportation are authorized to convert all yellow curbs in parking prohibition zones to red curbs. 24-49 § 24-144H AWAI‘I C OUNTY C ODE (f)Curb markings designating loading zones shall be yellow in color. (g) Other lines and markings shall be white in color, except that medial islands, pavement-width transitions, and approaches to obstructions, where the markings are used to separate traffic flows in opposing direction, shall be yellow in color. (1983 CC, c 24, art 7, sec 24-144; am 1987, ord 87-76, sec 1.)24-144 Section 24-145. No-passing zones. (a) The County engineer and district engineer are authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate such zones. When signs or markings are in place and visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof. (b) A no-passing zone shall be designated by a sign placed at the edge of the roadway at the beginning and at the end of such zone or by a solid yellow line placed as the right-hand element of a combination line along the center line. (c) Where such signs or markings are in place to define a no-passing zone, no driver shall at any time drive on the left side of any pavement striping designed to mark such no-passing zone throughout its length except when making a left turn. (d) Determination for no-passing at curves and signs and markings designating no- parking zones shall be in accordance with the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) published by the U.S. Department of Transportation, Federal Highway Administration, 1978 edition, as revised from time to time. The MUTCD is on file and is available for public inspection at the County clerk's office. (e) Where the width of winding or hilly roads is less than eighteen feet, the County engineer and district engineer are authorized to use advisory and warning signs indicating the winding or hilly condition of the route and the narrowness of the road instead of standard signs and markings for no passing zones required under subsection (d) of this section. These warning and advisory signs shall be placed at the beginning of the winding or hilly road and at intervals of not more than two miles. Standard broken center line may be used on these narrow roads as a guide line for motorists, also when special conditions exist along these narrow winding roads a single solid yellow line may be installed at specific areas to designate a no passing zone (both directions of travel). The County engineer and district engineer shall designate those areas which warrant the use of a single solid yellow line. (1983 CC, c 24, art 7, sec 24-145; am 1986, ord 86-102, sec 1; 86-106, sec 1.)24-145 Section 24-145.1. Traffic signal systems. (a) The installation and use of traffic signal systems is hereby authorized at the streets and intersections described in schedule 22.1, chapter 24, article 10. (b) Whenever traffic signals at any intersection are completely out, drivers shall proceed as though the intersection is controlled by an “All-Way Stop.” (1995, ord 95-94, sec 1; am 1996, ord 96-26, sec 1.)24-145.1 24-50 V EHICLES AND T RAFFIC§24-146 Division 2. Speed Regulations. Section 24-146. Fifty-five mph maximum speed permitted. No person shall drive a vehicle upon any highway at a speed greater than fifty-five miles per hour unless otherwise specified by this chapter. (1983 CC, c 24, art 7, sec 24-146.)24-146 Section 24-147. Reasonable speed required. Subject to the limitations set forth in this chapter, no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent under the conditions then existing. (1983 CC, c 24, art 7, sec 24-147.)24-147 Section 24-148. Speed law violations. (a) The speed of any vehicle upon a highway not in excess of the limits specified in sections 24-149 and 24-150 or established as authorized in this chapter is lawful unless clearly proved to be in violation of section 24-147. (b) The speed of any vehicle upon a highway in excess of the maximum speed limits in sections 24-149 and 24-150 or established as authorized in this chapter is unlawful. (1983 CC, c 24, art 7, sec 24-148.)24-148 Section 24-149. Maximum speed limit. (a) The following maximum speed limit shall be in effect except where a special speed limit has been enacted: (1) Ten miles per hour below the posted speed limit within construction zones. (2) Twenty miles per hour. In any school zone, the beginning of which is demarcated by a school speed limit sign supplemented with a flashing speed limit sign beacon, and the end of which is demarcated by an end school zone or standard speed limit sign. (3) Twenty-five miles per hour. (A) When passing a school site or the grounds thereof, which are contiguous to or located in close proximity to, the highway and posted with the standard “school” warning sign while children are going to be leaving the school during opening or closing hours. This speed limit shall also apply during school recesses when passing any school grounds which are not separated from the highway by a fence or other physical barrier capable of restraining a child, while the grounds within seventy-five feet of the highway are in use by a child, and the highway is posted with the standard “school” warning sign. (B) During school days for a distance of up to one thousand feet on both sides of a crosswalk designated by the director of public works as a school crossing and posted with the standard “School Crossing.” 24-51 § 24-149H AWAI‘I C OUNTY C ODE (C) In a residential district, unless otherwise indicated. (D) On all highways and streets unless otherwise specified by this chapter. (4) Thirty miles per hour. In a business district. (b) Any person who violates any provision of section 24-149(a)(2), section 24- 149(a)(3)(A), or section 24-149(a)(3)(B) shall upon conviction be subject to fines equal to two times the fines as provided for in section 24-16. (1983 CC, c 24, art 7, sec 24-149; am 1980, ord551, sec 2; am 1988, ord 88-143, sec 1; am 1995, ord 95-25, sec 4; am 1999, ord 99-65, sec 4; am 2001, ord 01-108, sec 1; am 2009, ord 09-135, sec 2; am 2010, ord 10-47, sec 1; am 2012, ord 12-44, sec 1; ord 12-85, sec 1.)24-149 Section 24-150. Speed limits. Speed limits described in article 10, division 1, and article 11, division 1, shall be effective when appropriate signs giving notice thereof are erected. (1983 CC, c 24, art 7, sec 24-150; am 1999, ord 99-65, sec 5.)24-150 Section 24-150.1 Maximum speed limits may be reduced in a residential or a business district. (a) The director of public works is authorized to approve the reduction of maximum speed limits in residential and business districts in five mile per hour increments to a minimum of 15 miles per hour for any subdivision being developed under chapter 23 of the Hawai‘i County Code. The director may reduce speed limits under this section when topographical, geometric and/or physical conditions result in limited sight-distances, vehicle operating restrictions and/or other engineering safety factors that warrant such a reduction. (b) Speed limits set by the director of public works pursuant to this section may be further changed by the council by ordinance. (2007, ord 07-59, sec 2.)24-150.1 Section 24-151. Minimum speed regulations. (a) No person shall drive a motor vehicle on a highway at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) When a speed limit is set at forty or more miles per hour, the driver of a vehicle proceeding on such highway shall not operate the driver’s vehicle at a speed less than fifteen miles per hour below the posted speed limit whenever practicable except when necessary for safe operation. (c) No person shall drive a motor vehicle on a highway at a speed lower than the required minimum speed, if to do so would impede other vehicular traffic. Such person shall pull to the side of the highway wherever safe to do so and stop if necessary to allow other vehicles to pass the slow-moving vehicle. (1983 CC, c 24, art 7, sec 24-151.)24-151 24-52 V EHICLES AND T RAFFIC§24-152 Division 3. Prohibited or Restricted Activities and Vehicles. Section 24-152. Tampering with vehicles prohibited; exception. (a) No person shall, without the consent of the owner or person in charge of a vehicle, climb upon or into any vehicle with the intent to commit any injury thereto or with the intent to commit any crime, whether such vehicle be in motion or at rest. (b) No person, without the consent of the owner or person in charge of a standing unattended vehicle, shall manipulate any of the levers, starting crank, brakes or other devices thereon. (c) An operator of a motor vehicle may, however, release the brakes and move a standing unattended vehicle for the purpose of extricating the operator’s vehicle from a parking location. (d) Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $250. (1983 CC, c 24, art 7, sec 24-152.)24-152 Section 24-153. Interrupting procession. No person shall drive a vehicle between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required by law. This section shall not apply at intersections where traffic is controlled by traffic control signals or police officers. (1983 CC, c 24, art 7, sec 24-153.)24-153 Section 24-153.1. Processions or parades; permit required; exceptions. No funeral procession, or parade that impedes the normal flow of traffic excepting the forces of the United States Army or Navy, the military forces of the State, and the forces of the police and fire departments, shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. (1983 CC, c 24, art 7, sec 24-153.1.)24-153.1 Section 24-153.2. Funeral processions. A funeral composed of a procession of vehicles shall be identified as such by the display of lighted headlamps on each vehicle. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and follow the vehicle ahead as closely as is practicable and safe. (1983 CC, c 24, art 7, sec 24-153.2.)24-153.2 24-53 § 24-153.3H AWAI‘I C OUNTY C ODE Section 24-153.3. Street closure. (a) No person shall block, close, restrict or impede the traffic on any street, highway, time-limit parking stall or public right-of-way, for any length of time for parades, processions or for any festive, religious, civic or other special activity except in accordance with a permit issued by the chief of police or the chief’s authorized representative and such other regulations as are set forth herein. Such permits issued shall be immediately revoked at any time by the chief of police or the chief’s authorized representative when there is reason to believe that the activity is endangering any person, vehicle or property on or off such street, highway, time- limit parking stall or public right-of-way. (b) The council by resolution, in consultation with the chief of police and the director of public works, may authorize the temporary closure of a roadway stub-out, dead-end and/or other road terminus when the following conditions exists: 1) The stub-out, dead-end or similar road terminus to be barricaded is owned by the county. 2) The closure shall not affect the flow of traffic or public access. 3) Adjacent landowners are provided with written notification by the requesting agency. 4) The closure is necessary to prevent loitering, littering and other illegal activities. Removal of the temporary closure shall be authorized by council resolution. (1983 CC, c 24, art 7, sec 24-153.3; am 2002, ord 02-119, sec 2.)24-153.3 Section 24-153.4. Permits; issuance; procedure. (a) The procedure for issuance of a permit under section 24-153.3 shall be as follows: (1) Every person requesting a permit under section 24-153.3 herein shall submit an application in writing to the chief of police or the chief’s authorized representative no later than thirty days preceding the date of the proposed event or activity. (Exception: Permits for construction activities shall be submitted at least fourteen days before the date of the activity.) The application shall describe the type of event or activity, date, time, number of persons participating, number and types of vehicles, floats or other equipment, and location. A detailed description of the location shall be submitted, together with a map or drawing showing the streets or other public right-of-way affected and any alternate routes of travel which may be utilized. (2) Copies of the application shall be forwarded by the chief of police or the chief’s authorized representative to all other affected agencies. Said agencies will have a period of seven days in which to submit comments and/or recommendations to the chief of police. 24-54 V EHICLES AND T RAFFIC§24-153.4 (3) Upon receipt of all comments and recommendations from the affected agencies, and if there are no objections or prohibitions, the chief of police or the chief’s authorized representative shall review the application and determine the conditions under which a permit shall be issued. Failure to comply with any of the requirements or conditions set forth in the recommendations of the affected agencies including the police department shall be cause to deny the issuance of a permit. Failure to comply with any conditions or requirements after the permit is issued shall cause such permit to be immediately revoked by the chief of police or the chief’s representative. (4) Any hospital in or near the location of the event or activity shall be notified that a permit has been issued and shall be informed of the time, date and location of the event or activity for which the permit was issued. (1983 CC, c 24, art 7, sec 24-153.4; am 1997, ord 97-27, sec 1.)24-153.4 Section 24-154. Fleeing from police officer prohibited. No operator of a vehicle, after having received a visual or audible signal from a traffic officer or police vehicle, shall knowingly flee or attempt to elude any traffic officer by wilful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle or the traffic officer or other vehicles or pedestrians, nor shall the operator increase the speed of the operator’s vehicle or extinguish the lights of the operator’s vehicle in an attempt to elude or flee. (1983 CC, c 24, art 7, sec 24-154.)24-154 Section 24-155. Unlawful riding. (a) No person shall ride nor shall any driver of any vehicle permit riding on any portion of a vehicle not designated or intended for the use of passengers. This provision shall not apply to employees engaged in the necessary discharge of duty or to persons riding entirely within truck bodies in space intended for merchandise. (b) No passenger shall ride nor shall any driver permit riding upon any vehicle in such a manner so as to allow any part of the passenger’s body to extend over the front, rear, or side of the vehicle. (1983 CC, c 24, art 7, sec 24-155.)24-155 Section 24-156. Placing injurious substances on highway. (a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway. (b) Any person who drops, or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. (1983 CC, c 24, art 7, sec 24-156.)24-156 24-55 § 24-157H AWAI‘I C OUNTY C ODE Section 24-157. Damaging road; definition. (a) No person shall operate any vehicle upon any street or highway in such a manner that the parts of the vehicle, or the load carried thereon, shall damage the road. (b) For the purpose of this section, damage to the road means such effect on the road or structures as will impair the riding qualities of the road, or require repairs in order that the anticipated life of the road or structure may not be decreased. (1983 CC, c 24, art 7, sec 24-157.)24-157 Section 24-158. Slow moving vehicles; emblems required. (a) All machinery including all road construction machinery except when guarded by flagmen or flares, designed to operate at twenty-five mph or less, hereinafter referred to as slow moving vehicles, travelling on a public highway where permitted by law during day or night, shall display a triangular slow moving vehicle emblem on the rear of the vehicle. Registered or legal owners of such vehicles shall use emblems, as developed by the American Society of Agricultural Engineers and printed in ASAE Standard; ASAE S276.1, for the purpose of identifying slow moving vehicles. The emblem shall be mounted on the rear of the vehicle, base down, and at a height of not less than two feet nor more than six feet from ground to base. (b) The display or use of such emblem as required by this section shall be in addition to any lighting devices required by law. (1983 CC, c 24, art 7, sec 24-158.)24-158 Section 24-159. Misuse of emblem prohibited. The display or use of slow moving vehicle emblem shall be restricted to the display or use specified by section 24-158, and its display or use by any other type of vehicles or as a clearance marker on wide machinery or any stationary objects on the highway is prohibited. (1983 CC, c 24, art 7, sec 24-159.)24-159 Section 24-160. Manner of operation of slow moving vehicles. Slow moving vehicles operated on any roadway open to public travel shall be driven in the right-hand lane, or as close as practicable to the right-hand curb or edge of the roadway, except for a distance not to exceed one thousand feet when preparing for a left turn at an intersection or into a private road or driveway. (1983 CC, c 24, art 7, sec 24-160.)24-160 24-56 V EHICLES AND T RAFFIC§24-161 Section 24-161. Litter defined. For the purposes of sections 24-162 and 24-163, the word litter means all waste material including without limiting the generality thereof, all animal and vegetable wastes, and all other solid wastes such as dirt, ashes, street cleanings, dead animals or parts thereof, market and industrial wastes, bagasse, cane trash, paper, wrappings, cigarettes, cardboards, tin cans, yard clippings, leaves, wood, tree trimmings, glass, bedding, crockery, furniture, appliances, scrap metal and all other waste materials commonly or ordinarily regarded as being garbage, rubbish, refuse, trash, swill and all materials used in the construction industry, including but not limited to sand, gravel, stones, rocks, and any other material which, if allowed to be deposited or to accumulate upon the public highways, would tend to create a danger to the health, safety, welfare and general well being of the public. (1983 CC, c 24, art 7, sec 24-161.)24-161 Section 24-162. Load to be properly secured. (a) No vehicle transporting a load of litter shall be driven or moved on any highway unless the load is adequately and securely contained so as to prevent the contents of the load from dropping, sifting, leaking or otherwise escaping from the vehicle. (b) For the purposes of this section, a load is adequately and securely contained only if it is put into a sealed bag, box or other container, or if it is otherwise completely enclosed by a tarpaulin or like covering. The container or covering shall be sufficient to prevent the contents of the load from dropping, sifting, leaking, or otherwise escaping from the vehicle transporting it. The container or covering shall be securely fastened so as to prevent it from becoming loose, detached or otherwise escaping from the vehicle. (1983 CC, c 24, art 7, sec 24-162.)24-162 Section 24-163. Pick-up vehicles; equipment. (a) The provisions of section 24-162 shall not apply to any person who has provided for the pick-up of litter which may drop, sift, leak or otherwise escape from an uncontained vehicle. The pick-up must be accomplished during the time the uncontained vehicle is in transit or immediately thereafter by gleaners following the uncontained vehicle within a reasonable distance. (b) All pick-up vehicles shall be equipped with four-way flashers which shall be in use while the vehicles are in operation, and all gleaners shall be required to wear orange reflectorized safety vests. (1983 CC, c 24, art 7, sec 24-163.)24-163 24-57 § 24-164H AWAI‘I C OUNTY C ODE Section 24-164. Tracking mud or other material on highway prohibited. No vehicle using the public highway shall track mud or dirt or other material onto the traveled portion of the highway in quantities as will constitute a hazard, or obscure the painted pavement markings thereon. In the event that mud or dirt is unavoidably tracked onto the highway, it shall be the duty of the operator of the offending vehicle to have the mud or dirt removed immediately. (1983 CC, c 24, art 7, sec 24-164.)24-164 Section 24-165. Dual-wheeled vehicles; operation. Vehicles having two or more wheels on each end of an axle shall not be moved on any public highway when rocks or any foreign materials which might be hazardous to traffic are embedded between the wheels on the moving vehicles. (1983 CC, c 24, art 7, sec 24-165.)24-165 Section 24-166. Restricted use of highways by certain vehicles. (a) The use of certain streets by certain classes of vehicles may be restricted by ordinance, and appropriate sign shall be posted giving notice thereof. (b) The vehicles designated in schedule 41, section 24-293, are precluded from the use of the streets designated in that schedule when appropriate signs giving notice thereof are erected. (1983 CC, c 24, art 7, sec 24-166.)24-166 Section 24-167. Towed vehicles and trailers. (a) When one vehicle is towing another, the drawbar or other connection shall be equipped with an additional safety chain or chains (stay chain or cable) adequate to hold such vehicle to the towing vehicle in the event of tow bar or other connection and/or coupling failure. Each chain or cable and its accompanying coupling and mounting devices shall have an ultimate strength equal to at least the gross weight of the vehicle. (b) No person shall operate a train of vehicles when any trailer, semi-trailer, or other vehicle being towed whips or swerves from side to side dangerously or unreasonably or fails to follow substantially in the path of the towing vehicle. (c) Every trailer or towed vehicle to be operated upon a public highway shall, in addition to a tow bar, be equipped with a safety chain or chains (stay chain or cable) adequate to hold such vehicle to the towing vehicle in the event of tow bar and/or coupling failure. Each chain or cable and its accompanying coupling and mounting devices shall have an ultimate strength equal to at least the gross weight of the trailer. (d) This section shall not apply to trailers or towed vehicles with a gross vehicle weight rating over 10,000 lbs equipped with full airbrakes that meet the Federal Motor Vehicle Safety Standards. (1983 CC, c 24, art 7, sec 24-167; am 2010, ord 10-13, sec 2.)24-167 24-58 V EHICLES AND T RAFFIC§24-167.1 Section 24-167.1. Use of mobile electronic devices while operating a vehicle. (a) As used in this section, unless the context clearly requires otherwise: “Emergency responders” include fire fighters, emergency medical service technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers. “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing wireless and/or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. “Operate a motor vehicle” means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway. “Use or using” means holding a mobile electronic device while operating a motor vehicle. (b) It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device, unless used with a hands-free device. Any person convicted of violating this subsection shall be subject to a maximum fine of $150. (c) Whoever operates any vehicle while using a mobile electronic device, unless used with a hands-free device, in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle, or other property shall be fined not more than $500. (d) The use of a mobile electronic device for the sole purpose of making a “911” emergency communication shall be an affirmative defense to this ordinance. (e) The following persons shall be exempt from the provisions of subsections (b) and (c): (1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties; (2) Drivers using two-way radios while in the performance and scope of their work-related duties; and (3) Drivers holding a valid amateur radio operator license issued by the federal communications commission and using half-duplex two-way radio. (2009, ord 09-82, sec 1.) 24-167.1 Division 4. Turns. Section 24-168. U-turns restricted; manner of. (a) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction (make a U-turn) upon any street in the business district, or at any intersection where traffic is controlled by traffic signal lights during the hours between 6:00 a.m. to midnight of each day. However, when official signs or markings are installed giving notice thereof, U-turns shall be allowed in areas designated by an ordinance of the council. 24-59 § 24-168H AWAI‘I C OUNTY C ODE (b) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic. (c) The driver of any vehicle shall not turn so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. (d) The areas designated in schedule 21, section 24-273, are U-turn areas when appropriate signs giving notice thereof are erected. (e) The areas designated in schedule 22, section 24-274 are prohibited U-turn areas when appropriate signs giving notice thereof are erected. (1983 CC, c 24, art 7, sec 24-168.)24-168 Section 24-169. Prohibited turns. (a) When official signs are posted, giving notice thereof, no driver of a vehicle shall make a left or right turn. The chief of police may place signs of a temporary nature during peak traffic hours at any intersection or driveway the chief may deem to be congested. (b) The locations designated in schedule 19, section 24-271 are prohibited left turn areas. (c) The locations designated in schedule 20, section 24-272 are prohibited right turn areas. (1983 CC, c 24, art 7, sec 24-169.)24-169 Section 24-170. Right or left turns only. (a) When official traffic signs are posted, giving notice thereof, the driver of any vehicle shall be restricted to making only right or left turns, as indicated, and may only turn in a direction permitted by the sign, or proceed straight ahead. (b) The chief of police may place signs of a temporary nature during peak traffic hours at any intersection or driveway the chief may deem to be congested. (c) The locations designated in schedule 17, section 24-269, are areas restricted to right turns only. (d) The locations designated in schedule 18, section 24-270, are areas restricted to left turns only. (1983 CC, c 24, art 7, sec 24-170.)24-170 Section 24-171. Turn right anytime with caution in intersections. (a) When official turn right anytime with caution signs are erected at any intersection, the driver of a vehicle may make a right turn without coming to a stop, so long as the turn is made with proper care to avoid an accident. (b) The intersections described in schedule 16, section 24-268, are designated as “Turn Right at Anytime with Caution” intersections when appropriate signs giving notice thereof are erected. (1983 CC, c 24, art 7, sec 24-171.)24-171 24-60 V EHICLES AND T RAFFIC§24-172 Section 24-172. Cutting corners. No person shall operate or drive any vehicle on or across any sidewalk area or through any driveway, parking lot or any business entrance for the purpose of making right or left turns from one street into another by avoiding intersections or as a means of travelling from one street to another; provided, however, that this section shall not prohibit the use of such driveway, parking lot or business entrance for such purposes when such use is incidental to business to be transacted on the premises. (1983 CC, c 24, art 7, sec 24-172.)24-172 Division 5. Emergency Vehicles and School Buses, Right-of-Way. Section 24-173. Authorized emergency and special hazard vehicles. (a) The driver of an authorized emergency vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, subject to the conditions stated in this section. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as the driver does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exemptions granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this chapter, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a blue light visible from in front of the vehicle. (d) Nothing in this section shall relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver’s reckless disregard for the safety of others. (e) The operator of a special hazard vehicle may drive or park the vehicle contrary to the provisions of this chapter when such operation or parking is essential to public safety and does not endanger other users of the highways. (1983 CC, c 24, art 7, sec 24-173.)24-173 Section 24-174. Operation of vehicles on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of sections 24-69 through 24-74: 24-61 § 24-174H AWAI‘I C OUNTY C ODE (1) The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the roadway lawfully available and clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (1983 CC, c 24, art 7, sec 24-174.)24-174 Section 24-175. Overtaking and passing school bus. (a) The driver of any vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children and displays an alternating red signal meeting the requirements of sections 24-69 through 24-74, shall bring such vehicle to a stop before passing the school bus and shall not proceed past the school bus until the red alternating signal ceases operation. (b) It shall be the responsibility of the driver of every school bus, used for the transportation of school children, to activate the alternating red signal continuously while stopped on a highway outside of a business or residence district, for the purpose of receiving or discharging school children. (c) While stopped within a business or residence district for the purpose of receiving or discharging school children, bus drivers shall activate the alternating red signal when either of the following conditions exist: (1) There is a need for children to cross the road. (2) There is a narrow shoulder along the driver's right hand side of the roadway. (d) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. (e) Every school bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words “School Bus” in letters not less than eight inches in height and in strokes not less than one-half inch in width, and the words “Stop On Alternating Red Light” in letters not less than six inches in height and in strokes of not less than one-half inch in width. (1983 CC, c 24, art 7, sec 24-175; am 1985, ord 85-80, sec 2.)24-175 24-62 V EHICLES AND T RAFFIC§24-176 Division 6. Golf Carts. Section 24-176. Definitions. As used in this division: (1) “Golf cart” means a vehicle designed or used primarily for the transporting of persons and golfing equipment upon a golf course. (2) “Golf cart crossing” means that part of the route of the golf cart pathway which intersects the public thoroughfare. (3) “Golf course maintenance vehicle” means a vehicle designed and adapted exclusively for agricultural and lawn maintenance purposes, not subject to registration if used upon the public thoroughfare, which is used or operated for the maintenance of a golf course. (4) “Public thoroughfare” means any public street, highway, sidewalk, bridge, alley, road, square, or land owned or maintained by County. (1983 CC, c 24, art 7, sec 24-176.)24-176 Section 24-177. Carts prohibited from public thoroughfares; exception. No person shall use or operate a golf cart or golf course maintenance vehicle on, upon or across a public thoroughfare except as provided in this division. (1983 CC, c 24, art 7, sec 24-177.)24-177 Section 24-178. Restrictions on use. (a) No golf cart or golf course maintenance vehicle shall be driven upon any public thoroughfare: (1) Except to cross the public thoroughfare at established golf cart crossings; (2) By any person whose age is less than thirteen years, provided that in addition to this restriction, the owner or operator of the golf course shall be responsible for the capability of the driver permitted to operate a golf cart or golf course maintenance vehicle; (3) After sunset and before sunrise; or (4) Carrying more persons than the seating capacity of the golf cart or golf course maintenance vehicle. (1983 CC, c 24, art 7, sec 24-178.)24-178 Section 24-179. Golf cart crossing; markings; use. (a) Each golf cart crossing shall: (1) Be posted with a sign located not more than twenty feet from the public thoroughfare with lettering not less than three inches high and shall read: “Stop -- You Will Cross A Public Highway -- Proceed With Caution”; (2) Approach the public thoroughfare at right angle; and (3) Have sufficient sight distance in both directions of the public thoroughfare to permit the golf cart or golf course maintenance vehicle to cross with safety. (1983 CC, c 24, art 7, sec 24-179.)24-179 24-63 § 24-180H AWAI‘I C OUNTY C ODE Section 24-180. Nonresponsibility of County. Neither the County nor any department, board, commission, officer, or employee thereof shall be held liable or responsible for any damage, injury, or death resulting from the approval of any golf course plan or inspection of any work made under any ordinance of the County. (1983 CC, c 24, art 7, sec 24-180.)24-180 Section 24-181. Indemnification by owner; notice. (a) The owner or operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven upon the public thoroughfare shall save harmless and indemnify the County for all loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever, by reason of any injury to person or property, including damage to road foundation, surface, or structures, resulting from the operation of such vehicles upon the public thoroughfare. (b) The County shall notify such owner or operator or such person’s representative within sixty days after the presentation of any claim or demand, either by suit or otherwise, made against the County on account of the operation of golf carts or golf course maintenance vehicles upon the public thoroughfare. (1983 CC, c 24, art 7, sec 24-181.)24-181 Section 24-182. Bond requirements; insurance policy. (a) The owner and operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven upon the public thoroughfare shall file with the department of public works of the County a continuing bond in the penal sum of $300,000 issued by the owner or operator and a surety company to be approved by the County corporation counsel and conditioned for the faithful observance of this division and any and all amendments thereto, which shall indemnify and save harmless the County from any and all damages, judgments, costs or expenses which the County may incur or suffer by reason of the operation or use of such vehicles upon the public thoroughfare. (b) A liability insurance policy issued by an insurance company authorized to do business in the State of Hawai‘i conforming to this section may be permitted in lieu of a bond. (1983 CC, c 24, art 7, sec 24-182.)24-182 Section 24-183. Penalty. Any person violating any of the provisions of this division shall be fined in an amount not exceeding $250. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as provided in this division. (1983 CC, c 24, art 7, sec 24-183; am 1994, ord 94-103, sec 3.)24-183 24-64 V EHICLES AND T RAFFIC§24-184 Section 24-184. Application of division. This division is not to be construed to mean that the County may not require golf course developers to build overpasses or underpasses across public rights-of-way. (1983 CC, c 24, art 7, sec 24-184.)24-184 Division 7. Bicycles. Section 24-185. Bicycle operation; bike lanes; bike routes. (a) No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (b) Bike Lanes, Established. The areas designated in schedule 42, section 24-294, once appropriately identified with traffic-control devices, signs, signals, or markings by the director of public works or the director’s representative, are established as bicycle lanes. (c) Bike Routes, Established. The areas designated in schedule 43, section 24-295, once appropriately identified with traffic-control devices, signs, signals, or markings by the director of public works or the director’s representative, are established as bicycle routes. (1983 CC, c 24, art 7, sec 24-185; am 2001, ord 01-108, sec 1.)24-185 Section 24-186. Parking bicycles without obstructing street or sidewalk. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian and vehicular traffic. (1983 CC, c 24, art 7, sec 24-186.)24-186 Division 8. Mopeds. Section 24-186.1. Moped rules. (a) No person shall: (1) Operate a moped on any highway or street in the County unless that person is properly wearing protective eyewear. (2) Offer for lease or rent a moped without providing to the operator protective eyewear. (b) Every moped shall be certified pursuant to Hawai‘i Revised Statutes section 286- 26, certificates of inspection, prior to the issuance of a registration by the director of finance and prior to the transfer of any registration; provided that this requirement shall not apply to any subsequent transfer of registration in a moped that carries a current certificate of inspection. (1988, ord 88-84, sec 3; am 2009, ord 09-119, sec 2.)24-186.1 24-65 § 24-186.2H AWAI‘I C OUNTY C ODE Division 9. Pedicabs. Section 24-186.2. Definition. (a) As used in this article, unless the context clearly requires otherwise: (1) “Pedicab” means any multi-wheeled, hooded or unhooded push-cart or rickshaw-type vehicle pulled or propelled by any person, which is used in the movement of passengers. (1989, ord 89-22, sec 2.)24-186.2 Section 24-186.3. Use of pedicabs prohibited. No person shall use or operate a pedicab or other like vehicle on, upon, or across any public street, highway, or thoroughfare. (1989, ord 89-22, sec 2.)24-186.3 Section 24-186.4. Penalty. A person who violates the provisions of this division shall upon conviction be punished by a fine not to exceed $500. (1989, ord 89-22, sec 2.)24-186.4 Article 8. Parking, Standing and Stopping. Division 1. Parking Regulations. Section 24-187. Parking restricted. No person shall stop, park, or leave standing any motor vehicle, whether attended or unattended, upon the paved or main traveled part of the highway in the County except in those areas lawfully designated for parking. (1983 CC, c 24, art 8, sec 24-187.)24-187 Section 24-188. Removal of illegally stopped vehicle. (a) Whenever any police officer finds a motor vehicle in violation of section 24-187, the officer is authorized to move the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position where the vehicle will not obstruct traffic or off the primary lanes of vehicular travel. (b) Upon the inability of the officer to move the vehicle and after the driver or owner refuses or is unable to comply with the request to move the vehicle, or where the driver cannot be located in the immediate area, the officer may cause the vehicle to be towed away at the registered owner or driver's expense. (c) Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where the stopped vehicle constitutes an obstruction to traffic, the officer is authorized to provide for the removal of the vehicle to the nearest garage or other place of safety. (1983 CC, c 24, art 8, sec 24-188.)24-188 24-66 V EHICLES AND T RAFFIC§24-189 Section 24-189. Stopping, standing, or parking in certain areas prohibited. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or a special traffic-control device, no person shall stop, stand, or park a vehicle: (1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (2) On the sidewalk; (3) Within an intersection except where designated by parking stalls; (4) On a crosswalk; (5) Within or along any safety zone where special signs are erected prohibiting parking; (6) Alongside or opposite any street, excavation, or obstruction when stopping, standing, or parking would obstruct traffic; (7) Upon any bridge or other elevated structure upon a highway, within a highway tunnel; (8) At any place where special signs or markings prohibit stopping; or (9) The areas described in schedule 34, section 24-286 are designated as no stopping, standing or parking zones, and appropriate signs or marking giving notice thereof shall be erected. (1983 CC, c 24, art 8, sec 24-189; am 1996, ord 96-41, sec 7.)24-189 Section 24-190. Picking up or discharging passengers. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (1) In front of or within four feet of a public or private driveway or within a distance up to seventy-five feet of a public or private driveway when appropriate signs or markings are installed; (2) Within fifteen feet of a fire hydrant; (3) Within thirty feet on both the approach and departure side of a crosswalk on a two-way street; within thirty feet on the approach side only of a crosswalk on a one-way street; or within a distance up to seventy-five feet of a crosswalk when appropriate signs or markings are installed; (4) Within thirty feet of an intersection or within a distance up to seventy-five feet of an intersection when appropriate signs or markings are installed; (5) Within twenty feet of a driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within seventy-five feet of such entrance when properly marked; (6) Within seventy-five feet upon the approach to any traffic-control signal except where designated by a parking stall; (7) At any place where special signs or markings prohibit standing; 24-67 § 24-190H AWAI‘I C OUNTY C ODE (8) Except where otherwise specifically provided for by ordinance applicable to driveways located upon the following streets, in front of or within thirty feet of any driveway located on Aupuni and Pauahi Streets in the City of Hilo; or (9) Within the turnaround area of a dead-end street, when special signs are erected. (b) The department of public works shall indicate by signs or by markings painted upon the curbings the areas within which parking has been prohibited by this division. (1983 CC, c 24, art 8, sec 24-190; am 1997, ord 97-50, sec 1; am 2011, ord 11-5, sec 1.)24-190 Section 24-191. Loading or unloading of passengers or merchandise in certain areas. (a) Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or a special traffic-control device, no person shall park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers at any place where official signs or markings prohibit parking. (b) No person shall move a vehicle not lawfully under such person’s control into any prohibited area as described in this section or away from a curb at a distance as is unlawful. (1983 CC, c 24, art 8, sec 24-191; am 1996, ord 96-41, sec 8.)24-191 Section 24-192. Parking not to obstruct traffic. No person shall park any vehicle: (a) On any street designated as “no parking on pavement zone” in a manner or under such condition that any portion of the vehicle extends over any portion of the roadway. The areas described in schedule 27 are designated as “no parking on pavement zones” and appropriate signs or markings giving notice thereof shall be erected, or (b) Upon a street, other than an alley, in a manner or under such condition as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic. (1983 CC, c 24, art 8, sec 24-192; am 1996, ord 96-41, sec 9.)24-192 Section 24-193. Parking in alleys. No person shall park a vehicle within an alley leaving less than ten feet of the width of the roadway available for the free movement of vehicular traffic. No person shall stop, stand, or park a vehicle within an alley in a position as to block the driveway entrance to any abutting property. (1983 CC, c 24, art 8, sec 24-193.)24-193 24-68 V EHICLES AND T RAFFIC§24-194 Section 24-194. Parking for displaying, washing, and repairing vehicle; prohibited. (a) No person shall park a vehicle upon any highway: (1) For the purpose of washing, polishing, greasing, or repairing such vehicle except for repairs necessitated by an emergency. (1983 CC, c 24, art 8, sec 24-194; am 1984, ord 84-73, sec 2; am 1996, ord 96-122, sec 1.)24-194 Section 24-195. Time-limit parking zones. (a) When official signs are erected giving notice thereof, no person shall stop, stand, or park a vehicle for a period of time longer than that indicated on the signs, between the hours indicated on the signs, on any day except Sundays and public holidays, upon any street or portions thereof within the County. (b) The council may, by resolution, dispense with the enforcement of subsection (a) for a specified time in any specified time-limit parking zone for purposes of studying parking policy. (c) The areas of streets, described in schedules 30 through 33, sections 24-282 through 24-285 are designated as time-limit parking zones when appropriate signs or markings giving notice thereof are erected. (1983 CC, c 24, art 8, sec 24-195; am 2002, ord 02-119, sec 3.)24-195 Section 24-196. No-parking zones. (a) When official signs or markings give notice thereof, no person shall stop, stand, or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight upon any street or portions thereof within the County. (b) The areas of streets, described in schedule 28, section 24-280 are designated as no- parking zones when appropriate signs or markings giving notice thereof are erected. (1983 CC, c 24, art 8, sec 24-196.)24-196 Section 24-197. Parking prohibited during certain hours. (a) When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight, upon any of the streets or portions thereof within the County, between the hours indicated on such signs, of any day, except Sundays and public holidays or as otherwise listed in schedule 29, section 24-281. (b) The areas of streets, described in schedule 29, section 24-281, are designated as “parking prohibited during certain hours zones” when appropriate signs or markings giving notice thereof are erected. (1983 CC, c 24, art 8, sec 24-197; am 1996, ord 96-41, sec 10; am 2012, ord 12-52, sec 2.)24-197 24-69 § 24-198H AWAI‘I C OUNTY C ODE Section 24-198. Parking spaces; manner of parking; exception. (a) The director of public works may establish, mark, and designate a consecutive series of parking spaces for the parallel or angle parking of motor vehicles where there is an apparent need for parking spaces. (b) Wherever parking spaces are so established, marked off and designated, no driver of any vehicle, except single vehicles of a length or width greater than the marked space, shall park such vehicle outside of a designated space. (c) In city or street blocks, wherever parking spaces are so established, marked off, and designated, no driver of any vehicle, except single vehicles of a length or width greater than the marked space, shall park such vehicle outside of an established, marked off, and designated space. (d) The provisions of this section shall not be applicable to vehicles parked in areas designated as freight-loading zones when such parking is permitted. (1983 CC, c 24, art 8, sec 24-198; am 2001, ord 01-108, sec 1.)24-198 Section 24-199. Abandoned special mobile equipment, vehicles, trailers, and equipment on wheels prohibited; disposition. (a) No person shall abandon any special mobile equipment, vehicle, trailer, or equipment on wheels, whether operational or nonoperational, on the public highway. (b) For the purposes of this section, any special mobile equipment, vehicle, trailer, or equipment on wheels, whether operational or nonoperational, left unattended on any public or private street or thoroughfare which is subject to this chapter for more than twenty-four hours shall be deemed abandoned and may immediately be taken into custody by the police department. All such vehicles are declared to be public nuisances. (c) Such special mobile equipment, vehicles, trailers, or equipment on wheels shall be disposed of as required by chapter 290, Hawai’i Revised Statutes, as amended. (d) Where the registered owner of the abandoned special mobile equipment, vehicle, trailer, or equipment on wheels can be located, the registered owner of such special mobile equipment, vehicle, trailer, or equipment on wheels shall be subject to a fine of $250 and all reasonable expenses incurred by such removal. (e) The provisions of this section shall not be interpreted to contravene the provisions of 20-38. (1983 CC, c 24, art 8, sec 24-199; am 1989, ord 89-60, sec 2; am 1994, ord 94-101, sec 2; am 2008, ord 08-92, sec 2.)24-199 Section 24-200. Registered owner's responsibility; registration plate as prima facie evidence as its parking. In any proceedings for violation of this article, the serial number displayed on the registration plate attached to the vehicle involved in such violation shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked the vehicle at the point where, and during the time when, the violation occurred. (1983 CC, c 24, art 8, sec 24-200.)24-200 24-70 V EHICLES AND T RAFFIC§24-201 Section 24-201. Parking for authorized vehicles. (a) Vehicles of government agencies, public utility companies, garages, contractors or any other person may stand and park contrary to the parking provisions set forth in this chapter when the owner or operator of such vehicle holds a special permit issued by the chief of police granting such authorization for a limited time. The permit shall be either in the possession of the driver or on the vehicle at the time. No owner or driver shall violate any of the specific terms or conditions of the permit. (b) The director of public works is hereby authorized to designate and identify special parking zones or stalls, by appropriate signs and/or markings, for the sole use of County of Hawai‘i lifeguards assigned to the public facility and for emergency vehicles during the working hours of the lifeguard at the following locations: (1) Kahoa Street leading to Honoli’i Beach Park- two vehicles. (2) Ali‘i Drive at La‘aloa Beach Park (Magic Sands)- two vehicles. (1983 CC, c 24, art 8, sec 24-201; am 1993, ord 93-99, sec 1; am 1999, ord 99-15, sec 1; ord 99-57, sec 1; am 2001, ord 01-100, sec 1; ord 01-108, sec 1.)24-201 Section 24-202. Stopping, standing, or parking on Federal-aid highways. (a) Where official signs are erected, giving notice thereof, no person shall stop, stand, or park a vehicle upon any Federal-aid highway, subject to the exemptions granted emergency vehicles. (b) For the provisions of subsection (a), the State highway engineer for the County of Hawai‘i is authorized to erect “No-Parking” signs upon any portion of the Federal- aid highway where the State highway engineer deems it necessary. (c) No person shall park a vehicle upon any Federal-aid highway for a period of time longer than sixty minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day; subject, however, to the exemptions granted emergency vehicles. (d) Where parking is permitted on a Federal-aid highway, all parking shall be parallel to the pavement with all wheels entirely off the traveled way. (e) There shall be no parking on or crossing over the medians. (1983 CC, c 24, art 8, sec 24-202.)24-202 Section 24-202.1. Parking prohibited in tow or tow-away zones. (a) When official signs are erected designating a street or portion thereof as a tow or tow-away zone, no person shall stop, stand or park a vehicle, even momentarily, between the hours indicated on such sign; provided, however, that stops may be made for the expeditious loading or unloading of freight and passengers in official loading and unloading zones; and provided, further, that buses may stop for the expeditious loading and unloading of passengers in official bus stops. In no case shall the stop for the loading or unloading of freight and passengers exceed the time as established by the pertinent zones. Provided, however, that when requested for noncommercial or nonbusiness purposes only, the County council may by resolution suspend for a period of not more than one week any parking prohibition herein provided. 24-71 § 24-202.1H AWAI‘I C OUNTY C ODE (b) The chief of police is hereby authorized to remove or cause to be removed a vehicle from a street or highway to a storage area or other place of safety under the provisions of this section. The chief of police shall promulgate and adopt such rules and regulations as are necessary to carry out such removal and storage of vehicles pursuant to the enforcement of this section. (c) The County is hereby authorized to contract with another entity for the towing and storage of vehicles pursuant to this section and the rules and regulations promulgated and adopted pursuant to this section. (d) Whenever an officer of the police department removes or causes to be removed a vehicle from a street as authorized herein and knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice to the police department dispatch office the fact of such removal and the reasons therefor, and of the place to which such vehicle has been moved. The police department shall notify the owner of said vehicle in writing of the removal and the whereabouts of said vehicle. (e) Whenever an officer of the police department removes or causes to be removed a vehicle from a street and does not know and is not able to ascertain the name of the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of three days, then and in that event, the officer shall immediately send or cause to be sent a written report of such removal by mail to the County director of finance whose duty it is to register motor vehicles. Such report shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal and the name of the garage or place where the vehicle is stored. (f) The director of finance is hereby authorized and empowered to dispose of vehicles which have been taken into custody by the chief of police or the chief’s subordinates as prescribed herein. Such disposition shall be at public auction under such procedure as the director of finance shall establish with the approval of the mayor and the County council. Written notice of such auction shall be sent to the last known registered owner by certified mail, addressed to the owner's last known address, at least ten days prior to the date of auction, and said auction shall be held not earlier than sixty days after the date upon which such vehicle shall have been taken into custody. Any person entitled to any such vehicle may claim the same at any time prior to such auction upon payment of all costs and expenses relating to the towing and storage of such vehicle, as determined by the director of finance, provided that such costs shall not exceed that established by State statutes. (g) In the event that no bid is received, the director of finance shall offer such vehicle to the department of public works, automotive division for its use or for salvage; and in the event said division shall reject such offer the director of finance shall dispose of such vehicle at a County landfill at the expense of the County. 24-72 V EHICLES AND T RAFFIC§24-202.1 (h) The streets or portions thereof described in schedule 29, section 24-281, are designated as tow or tow-away zones, and appropriate signs or markings giving notice thereof shall be erected. (i) Any vehicle which is parked unattended in the areas designated in schedule 29 shall be towed from the area. The registered owner of said vehicle shall be subject to all reasonable expenses incurred by such removal. (1988, ord 88-168, sec 4; am 1997, ord 97-47, sec 1; am 2012, ord 12-53, sec 2.)24-202.1 Section 24-202.2. Enforcement of article by designated employees of the County. In addition to police officers authorized under section 24-12 and section 24-15 to enforce the provisions of this chapter, the regulations provided by this article shall be enforced by employees or designated independent contractors of the County who have been authorized under section 24-202.3. (1986, ord 86-16, sec 2; am 1993, ord 93-84, sec 1; am 1996, ord 96-38, sec 1.)24-202.2 Section 24-202.3. Citation power of public works employee. The director of public works shall appoint one or more employees or may hire independent contractors designated to enforce the provisions of this article. The employee, employees or designated independent contractors so appointed shall have the limited police power to issue a complaint and summons against persons whom such employee, employees or designated independent contractors find to be in violation of the parking regulations established under this article. The form of citation and summons shall be approved by the director of public works and shall be in a form commensurate with the form of other summons as used in modern police methods described in section 803-6, Hawai‘i Revised Statutes, as amended. The summons shall be enforceable in the manner described in section 803-6, Hawai‘i Revised Statutes. (1993, ord 93-84, sec 5; am 1996, ord 96-38, sec 5; am 2001, ord 01-108, sec 1.)24-202.3 Section 24-202.4. Volunteer disabled parking enforcement program. (a) For purposes of this section, “chief of police” means the chief of the County of Hawai‘i police department or the authorized designee thereof. (b) There is established within the County of Hawai‘i police department and under the supervision of the chief of police, a program to utilize volunteers to assist in the enforcement of County and State disabled parking laws. (c) The chief of police is authorized to commission volunteers as special disabled parking enforcement officers to issue citations on public and private property to persons violating County and State disabled parking laws. (d) The chief of police shall: (1) Establish minimum qualifications for persons wishing to volunteer their services to become special disabled parking enforcement officers and application procedures for volunteers; 24-73 § 24-202.4H AWAI‘I C OUNTY C ODE (2) Provide a required training program for volunteers which shall include, but not be limited to: (i) Knowledge of County and State disabled parking laws; (ii) Identifying violators and issuing citations; (iii) Use of communication and other necessary equipment; (iv) Procedures to follow in the event of confrontations with suspected violators; and (v) Providing testimony in court to enforce citations; (3) Grant commissions to volunteers who have successfully completed the training program, and who are qualified as determined by the chief of police, to become special disabled parking officers; and (4) Provide for supervision and monitoring of the special disabled parking enforcement officers while such officers are on duty. (e) Each special disabled parking enforcement officer shall agree to: (1) Volunteer a minimum number of hours per week, as determined by the chief of police; and (2) Serve at locations designated by the chief of police. (f) Each special disabled parking enforcement officer who is assigned duties under this program shall receive: (1) Mileage reimbursement at the current County rate to travel to and from the officer's place of assignment; and (2) All other benefits for which volunteers qualify under the laws of the County of Hawai‘i. (g) The chief of police may refuse to commission or may revoke the commission of any volunteer whose qualifications or performance is found to be unacceptable to the chief. (h) The chief of police shall adopt rules to implement this program. (2000, ord 00-81, sec 2.)24-202.4 Division 2. Parking Method. Section 24-203. Distance from curb; use of shoulder. (a) Except as otherwise provided in this chapter: (1) Every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the wheels of the vehicle parallel to and within twelve inches of the curb or wholly within a marked parking stall and headed in the direction of authorized movement. (2) Every vehicle stopped or parked upon a highway where there are no curbs, shall be so stopped or parked parallel with the roadway and with all wheels entirely off the traveled way so far as the shoulder width will permit and headed in the direction of authorized movement. (1983 CC, c 24, art 8, sec 24-203.)24-203 24-74 V EHICLES AND T RAFFIC§24-204 Section 24-204. Angle parking; designation; marking of spaces. (a) The council shall determine upon what streets angle parking shall be permitted. (b) It shall be the duty of the County or State highway engineer to mark or sign such areas. (c) The areas of streets described in section 24-286.1, schedule 34.1, are designated as angle parking permitted areas. (1983 CC, c 24, art 8, sec 24-204; am 1998, ord 98-2, sec 1.)24-204 Section 24-205. Obedience to angle parking signs or markings. On those streets which have been signed or marked by the County or State highway engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. No vehicle nor part of any vehicle shall be on or extend over the main traveled portion of the highway. (1983 CC, c 24, art 8, sec 24-205.)24-205 Section 24-206. Permits for loading or unloading at angle to curb. (a) The chief of police is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of the permit. The permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein. (b) No permittee or other person shall violate any of the special terms or conditions of any such permit. (1983 CC, c 24, art 8, sec 24-206.)24-206 Section 24-207. Lamps on parked vehicles. (a) Whenever a vehicle is lawfully parked upon a street or highway for any period of time from a half hour after sunset to a half hour before sunrise, and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet upon such street or highway, no lights need be displayed upon the parked vehicle. (b) Whenever a vehicle is parked or stopped upon a roadway or adjacent shoulder, whether attended or unattended, for any period of time from a half hour after sunset to a half hour before sunrise, and there is not sufficient light to reveal any person or object within a distance of five hundred feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: 24-75 § 24-207H AWAI‘I C OUNTY C ODE (1) At least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. (2) The foregoing provisions shall not apply to a motor-driven cycle. (c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. (1983 CC, c 24, art 8, sec 24-207.)24-207 Division 3. Stopping for Loading and Unloading. Section 24-208. Standing in passenger loading and unloading zones. (a) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading and unloading zone during hours when the regulations applicable to such curb loading and unloading zone are effective, and then only for a period not to exceed three minutes. (b) The streets described in schedule 35, section 24-287, are designated as passenger loading and unloading zones when appropriate signs or markings giving notice thereof are erected. (c) When the provisions of this section are not in effect, vehicles may park in passenger loading and unloading zones unless otherwise prohibited by this chapter. (1983 CC, c 24, art 8, sec 24-208; 2000, ord 00-11, sec 1.)24-208 Section 24-209. Standing in freight loading zones. (a) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty minutes. (b) The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone. (1983 CC, c 24, art 8, sec 24-209.)24-209 24-76 V EHICLES AND T RAFFIC§24-210 Section 24-210. Hours of freight loading zones; schedule. (a) The provisions regarding freight loading zones shall be applicable only between the hours of 8:00 a.m. and 4:00 p.m. of any day, except Sundays and public holidays, unless otherwise described in schedule 36, section 24-288. When the provisions are not in effect, vehicles may park in freight loading zones unless otherwise prohibited by this chapter. (b) The areas of streets described in schedule 36, section 24-288 are designated as freight-loading and unloading zones, when appropriate signs or markings giving notice thereof are erected. (1983 CC, c 24, art 8, sec 24-210; am 2011, ord 11-31, sec 1.)24-210 Section 24-211. Bus parking; official bus stops. (a) The driver of a bus shall not stand or park a bus upon any street at any place within any business district other than at an officially designated bus stop as described in schedule 23, section 24-275. (b) The driver of a bus shall not stop, stand or park a bus other than on the right-hand side of the roadway upon a one-way street. (1983 CC, c 24, art 8, sec 24-211.)24-211 Section 24-212. Parking in bus stops and road taxi stands prohibited. (a) No person shall stop, stand or park a vehicle, other than a bus, in a bus stop when the bus stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus which has entered or is waiting to enter or about to enter the bus stop. (b) The areas described in schedule 23, section 24-275 are designated as bus stops, when appropriate signs or markings giving notice thereof are erected. (c) When the provisions of this section are not in effect, vehicles may park in bus stops unless otherwise prohibited by this chapter. (d) No person shall stop, stand or park any vehicle, other than a taxicab with a valid road taxi stand permit, in a road taxi stand when the road taxi stand has been officially designated and appropriately signed. (e) The areas described in schedule 23.1, section 24-275.1 are designated as road taxi stands, when appropriate signs and markings giving notice thereof are erected. (f) When the provisions of this section are not in effect, vehicles may park in road taxi stands unless otherwise prohibited by this chapter. (1983 CC, c 24, art 8, sec 24-212; am 1991, ord 91-95, sec 1; am 2012, ord 12-54, sec 2.)24-212 24-77 § 24-212.1H AWAI‘I C OUNTY C ODE Section 24-212.1. Standing in active loading and unloading zones. (a) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers or for the expeditious unloading and delivery or pickup and loading of materials in any place marked as an active loading and unloading zone during hours when the regulations applicable to such active loading and unloading are effective, and then only for a period not to exceed fifteen minutes. (b) The streets described in schedule 36.01, section 24-288.01, are designated as active loading and unloading zones when appropriate signs or markings giving notice thereof are erected. (c) When the provisions of this section are not in effect, vehicles may park in active loading and unloading zones unless otherwise prohibited by this chapter. (1995, ord 95-142, sec 2; am 2000, ord 00-11, sec 2; am 2009, ord 09-123, sec 2.)24-212.1 Division 4. Parking Meters. Subdivision 1. Meter Zones. Section 24-213. Parking meter zones. (a) All parking meter zones shall be designated by an ordinance adopted upon two readings by the council. (b) The areas described in schedules 37 through 40, sections 24-289 through 24-292 are designated as parking meter zones and shall be utilized for parking within the time limits and at the monetary rates noted in those schedules. (1983 CC, c 24, art 8, sec 24-213; am 1982, ord 776, sec 4.)24-213 Section 24-214. Installation of parking meters. (a) The County traffic engineer shall install parking meters in the parking meter zones as provided in this chapter upon the curb immediately adjacent to each designated parking space. The meters shall be capable of being operated automatically or manually upon the deposit of a coin or coins of United States currency as specified on the meters. (b) Each parking meter shall be so designed and constructed so that, upon the expiration of the time period registered by the deposit of one or more coins, it will indicate by an appropriate signal that the lawful parking meter period has expired, and during this period of time and prior to the expiration thereof, will indicate the interval of time which remains of the period. (c) Each parking meter shall bear thereon a legend indicating the days and hours when the requirement to deposit coins shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located. (1983 CC, c 24, art 8, sec 24-214; am 1983, ord 83-32, sec 1.)24-214 24-78 V EHICLES AND T RAFFIC§24-215 Section 24-215. Parking meter spaces. (a) The County traffic engineer shall designate the parking space adjacent to each parking meter for which the meter is to be used by appropriate markings upon the curb or the pavement of the street. Parking meter spaces so designated shall be of appropriate length and width so as to be accessible from the traffic lanes of the street. (b) No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which the meter is located, so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating the space, except that a vehicle which is of a size too large to be parked within a single designated parking meter zone shall be permitted to occupy two adjoining parking meter spaces when coins shall have been deposited in the parking meter for each space so occupied as required in this chapter for the parking of other vehicles in such space. (1983 CC, c 24, art 8, sec 24-215.)24-215 Section 24-216. Deposit of coins; time limits. (a) No person shall park a vehicle in any parking space alongside of which a parking meter has been installed during the regulated time applicable to the parking meter zone in which the meter is located unless a coin or coins of United States currency of the appropriate denomination shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time. (b) No person shall permit a vehicle within such person’s control to be parked in any parking meter space during the regulated time applicable to the parking meter zone in which the meter is located while the parking meter for such space indicates by signal that the lawful parking time in the space has expired. This subsection shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in the meter. (c) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located, irrespective of the number or value of the coins deposited in the meter. (d) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (1983 CC, c 24, art 8, sec 24-216; am 1995, ord 95-150, sec 2; am 2002, ord 02-57, sec 1.)24-216 Section 24-216.1. Repealed. (1995, ord 95-150, sec 3; am 1996, ord 96-99, sec 1; rep 2002, ord 02-57, sec 2.)24-216.1 24-79 § 24-217H AWAI‘I C OUNTY C ODE Section 24-217. Hours of operation; exceptions. (a) The provisions of section 24-216 shall be in effect between the hours of 8:00 a.m. and 4:00 p.m. on each day, except Sundays and public holidays. (b) Whenever seventy-five consecutive days have passed without a traffic fatality in this County, the chief of police may dispense with the enforcement of section 24-216 for one full day, other than Saturday, such date to be designated by the chief and be given reasonable circulation throughout the County. (c) The council may, by resolution, dispense with the enforcement of section 24-216 for a specified time, in any specified parking meter zone, to accommodate any special event, convention, parade, or other similar activity. (1983 CC, c 24, art 8, sec 24-217; am 1995, ord 95-150, sec 4; am 2002, ord 02-57, sec 3.)24-217 Section 24-218. Use of slugs prohibited. No person shall deposit or attempt to deposit in any parking meter any slug, button, or any other device or substance as substitutes for coins of United States currency. (1983 CC, c 24, art 8, sec 24-218.)24-218 Section 24-219. Tampering with meters prohibited. No person shall deface, injure, tamper with, open, or wilfully break, destroy or impair the usefulness of any parking meter. (1983 CC, c 24, art 8, sec 24-219.)24-219 Section 24-220. Collection, deposit, and application of proceeds. (a) It shall be the duty of the director of public works, or their designee by private contract or internal assignment, to make regular collections of the money deposited in the meters and it shall be the duty of the person so designated to remove from the parking meters coins deposited in the meters. Such person shall service the parking meters, count the coins from the parking meter, determine the value of the coins collected, and deposit the coins in a fund entitled “parking meter fund” to be created and held by the department of finance. (b) The director of finance shall direct some member of the finance department to make periodic checks of the parking meters and collection procedure. (c) The coins required to be deposited in parking meters are levied and assessed as fees to provide for the purchase, rental, acquisition, supervision, collection, use, protection, inspection, installation, operation, maintenance, control, and regulation of parking meters, of off-street parking spaces, of the parking of vehicles, and of other facilities and properties incidental to the regulation and control of traffic and in promoting the safety and well being of the public in handling of traffic upon the streets. (1983 CC, c 24, art 8, sec 24-220; am 1995, ord 95-150, sec 5; am 2001, ord 01-108, sec 1; am 2002, ord 02-57, sec 4.)24-220 24-80 V EHICLES AND T RAFFIC§24-221 Subdivision 2. Use of Parking Stalls for Construction or Special Events. Section 24-221. Definitions. (a) As used in this subdivision: (1) “Department” means the department of public works. (2) “Occupation” means the enclosure or obstruction of parking meters stalls. (1983 CC, c 24, art 8, sec 24-221.)24-221 Section 24-222. Permit required. No person shall occupy any parking meter stall or portion thereof, incidental to erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting, or demolishing any building or structure or fixture attached thereto without first obtaining a permit from the department of public works authorizing the occupation. (1983 CC, c 24, art 8, sec 24-222.)24-222 Section 24-223. Fees. (a) The department of public works shall require the payment of a fee calculated at the rate of $2 per day or fraction thereof, exclusive of Sundays and public holidays, for each parking meter stall so occupied, before issuing the permit under section 24-222. (b) The director of public works is authorized to charge a fee per parking meter for special events or promotions, which at minimum shall be calculated at the average daily receipt for parking meters for the month. (1983 CC, c 24, art 8, sec 24-223; am 1983, ord 83-32, sec 2; am 1994, ord 94-122, sec 1; am 2001, ord 01-108, sec 1.)24-223 Section 24-224. Permit application; contents; department to exercise discretion. (a) In all applications for the occupation of parking meter stalls, the department of public works shall require information regarding: (1) The nature of the proposed activity; (2) The number and location of the affected stalls; (3) The duration of occupation; and (4) All other information deemed relevant and reasonable in aiding the department to evaluate the necessity of imposing conditions upon the occupation of the stalls, or to prohibit its occupation entirely, if such occupation would endanger the health, safety, and welfare of the general public. (1983 CC, c 24, art 8, sec 24-224.)24-224 24-81 § 24-225H AWAI‘I C OUNTY C ODE Section 24-225. Responsibility for keeping permit at job site; inspection by authorized personnel. Any person who has been issued a permit shall be responsible for keeping the permit at the job site at all times, and shall present the permit, upon demand, to any officer of the law or employee of the department for inspection. (1983 CC, c 24, art 8, sec 24-225.)24-225 Section 24-226. Permit violations; enforcement. (a) It shall be unlawful for any person who has been granted a permit under this subdivision to violate any of the terms or conditions of the permit. (b) In addition to police officers authorized under section 24-12 to enforce the provisions of this chapter, this subdivision shall also be enforced by employees or designated independent contractors of the County who have been authorized under section 24-202.3. (1983 CC, c 24, art 8, sec 24-226; am 1993, ord 93-84, sec 2; am 1996, ord 96-38, sec 2.)24-226 Section 24-227. Penalty. (a) Any person found guilty of violating any provision of sections 24-218 and 24-219 shall be guilty of a petty misdemeanor and shall be subject to a term of imprisonment not to exceed thirty days or a fine not exceeding $500 or both for each separate offense. (b) Any person found guilty of violating any other provision of this division shall be guilty of a violation and shall be subject to a fine not exceeding $25 for each separate offense. (1983 CC, c 24, art 8, sec 24-227.)24-227 Division 5. County Building Parking. Section 24-228. Director of public works to regulate parking at County building. The director of public works shall assign and re-assign parking stalls and be responsible for regulating parking at the County building. (1983 CC, c 24, art 8, sec 24-228; am 2001, ord 01-108, sec 1.)24-228 Section 24-229. Area of County lands regulated; hours. (a) The area of County land on which parking is regulated will initially be confined to the Hawai‘i County building complex in Hilo. Other areas may be subjected to parking controls and this division shall also be applicable to those areas on a date to be designated by written notice, which date shall be not less than thirty days after the giving of such notice. (b) The provisions of this division shall have application only during the regular working hours of the County. (1983 CC, c 24, art 8, sec 24-229.)24-229 24-82 V EHICLES AND T RAFFIC§24-230 Section 24-230. Director of finance to set rates; theater parking; rental computation. (a) Rental in reserved parking shall be established by the director of finance. The director of finance may change the rates effective as of a date to be designated in a written notice thereof, which date shall be not less than thirty days after the giving of such notice. (b) The rental for reserved parking shall be on a month-to-month term, the applicable rent to be in advance without notice or demand. County employees shall utilize payroll deduction for the payment of the parking stalls. (c) Rentals shall be computed on a semi-monthly and monthly basis applicable to permanent and temporary parking privileges. (d) County employees’ and officials’ rental for parking stalls shall be deposited in the general fund. (1983 CC, c 24, art 8, sec 24-230; am 1995, ord 95-150, sec 7.)24-230 Section 24-231. Parking application; assignment of spaces; special parking. (a) It shall be the responsibility of each government official or employee to make such person’s application for theater, reserved, or multi-level parking structure to express the applicant’s preference as to location with alternative choices, on the form that will be provided by the department of public works. The assignment of parking spaces shall be made by the department of public works to only the applicants’ registered vehicles(s) and according to the best utilization of available parking spaces on County lands within the department’s jurisdiction. (b) The department of public works at its discretion may review, modify or change employee assignments in specific areas when circumstances warrant such changes and after proper notice to government official and employee so as to best promote governmental efficiency and public convenience. (c) Special parking permits may be issued by the department of public works at its discretion allowing parking in metered areas without the necessity of payment so as to accommodate the necessary intermittent needs of governmental and related operations. (1983 CC, c 24, art 8, sec 24-231.)24-231 Section 24-232. Map of parking areas; authority to change areas. (a) The department of public works reserves the right to change the number of parking spaces for reserved parking, theater parking, and multi-level parking structure and metered parking based on the availability and demand for the respective types of parking, without the necessity of public notice. Such changes shall be recorded on the map of the parking control area kept in the office. (b) The map of the parking control areas shall be kept at the department of public works. (1983 CC, c 24, art 8, sec 24-232.)24-232 24-83 § 24-233H AWAI‘I C OUNTY C ODE Section 24-233. Shifting privileges and restrictions on certain occasions. During council or committee sessions or any other time when public demand for parking is high (e.g., annual re-licensing period), parking privileges and restrictions may be subject to change, with the department of public works to accomplish the necessary shifting of parking privileges and restrictions so as to cause the least possible inconvenience to those renting parking spaces. (1983 CC, c 24, art 8, sec 24-233.)24-233 Section 24-234. Enforcement of division. This division shall be enforced by County employees or designated independent contractors who have been authorized under section 24-202.3 as well as by police officers of the County. (1983 CC, c 24, art 8, sec 24-234; am 1993, ord 93-84, sec 3; am 1996, ord 96-38, sec 3.)24-234 Section 24-235. Signs and pavement markings. All official signs and pavement markings shall be observed, and all signs and pavement markings posted under the direction of the department of public works shall be deemed to be official signs. (1983 CC, c 24, art 8, sec 24-235.)24-235 Section 24-236. Parking in prohibited areas; towing vehicles; permit required. (a) Parking shall be permitted only in areas marked and specified for parking. Automobiles parked in prohibited areas shall be towed away at the expense of the owner. The County employees or designated independent contractors who have been authorized under section 24-202.3 and police officers shall be authorized to enforce this section. (b) No person without a proper parking permit shall park in either a reserved, theater parking space, or multi-level parking structure and no permittee, without written consent of the department of public works, shall let or assign to any person the permittee’s reserved parking permit or privilege in a theater, or multi-level parking structure parking space. (1983 CC, c 24, art 8, sec 24-236; am 1993, ord 93-84, sec 4; am 1996, ord 96-38, sec 4.) 24-236 Section 24-237. Vehicle identification; evidence of violation. (a) Appropriate area identifications for parking permittees shall be provided to be affixed on the vehicles. Parking privileges shall be valid only in designated areas. (b) In any proceeding for violation of the parking provisions of this division, the serial number displayed on the registration plate attached to the vehicle involved in such violation shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked the vehicle at the point where, and during the time when, such violation occurred. (1983 CC, c 24, art 8, sec 24-237.)24-237 24-84 V EHICLES AND T RAFFIC§24-238 Section 24-238. Overtime parking in metered areas; citations. (a) Vehicles parked overtime in metered areas shall receive citations equivalent to those given to meter violations on County streets. (b) Vehicles without authorized parking privilege identifications shall receive citation when parked in any designated County parking area. (1983 CC, c 24, art 8, sec 24-238.)24-238 Section 24-239. Conditions for return of parking permit. Whenever a government official or employee terminates service with the County or disposes of a registered vehicle and relinquishes the official’s or employee’s parking permit, it shall be the official’s or employee’s responsibility to remove or surrender the parking decal as proof of such termination or disposition and notify the department of public works in writing on the form provided in order that proper accounting can be made. (1983 CC, c 24, art 8, sec 24-239.)24-239 Section 24-240. Penalty; revocation of parking privileges. (a) Violators of this division shall be guilty of a violation and may be fined not more than $5 for each violation. (b) Parking privileges may be permanently revoked for violation of these rules and regulations. (1983 CC, c 24, art 8, sec 24-240.)24-240 Division 6. Parking for persons with disabilities. Section 24-241. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-241; am 1985, ord 85-55, sec 1; rep 2002, ord 20-139, sec 1.) Section 24-241. Intent and purpose. The purpose of this division is to provide parking privileges for persons with disabilities in accordance with the American Disabilities Act of 1990, P. L. 101-366 (42 U.S.C. Sections 12101 et.seq.), Chapter 291, Hawai‘i Revised Statutes, and Hawai‘i Administrative Rules, Title 11, Chapter 219 as adopted by the State Disability and Communication Access Board (DCAB). (2002, ord 02-139, secs 1 and 2.)24-241 24-85 § 24-242H AWAI‘I C OUNTY C ODE Section 24-242. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-242; am 1985, ord 85-55, sec 2; am 1993, ord 93-63, sec 1; am 1994, ord 94-79, sec 1; am 2000, ord 00-32, sec 1; rep 2002, ord 20-139, sec 1.) Section 24-242. Definitions. As used in this division, definitions for the following terms shall have the same meanings specified in Chapter 291, Part III, Hawai‘i Revised Statutes, or Title 11, Chapter 219, Hawai‘i Administrative Rules: “placard,” “removable windshield placard,” “certificate of disability,” “enforcement officer,” “issuing agency,” “parking permit,” “person with a disability,” “private entity,” “special license plates,” and “temporary removable windshield placard.” (2002, ord 02-139, secs 1 and 2.)24-242 Section 24-243. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-243; am 1987, ord 87-94, sec 2; am 2001, ord 01-108, sec 1; rep 2002, ord 02-139, sec 1 and 2.) Section 24-243. Issuing agency. (a) The office of management is hereby authorized to act as the issuing agency for removable windshield placards, special license plates and identification cards pursuant to Chapter 291, Part III, Hawai‘i Revised Statutes. (b) The office of management shall follow procedures established in Title 11, Chapter 219, Hawai‘i Administrative Rules, for processing and issuing permit applications and identification cards to persons with disabilities; replacing lost, stolen or mutilated parking permits; renewing parking permits; and returning parking permits and identification cards. (c) Title 11, Chapter 219, Hawai‘i Administrative Rules, shall be made available to the public at the office of management. (2002, ord 02-139, sec 2.)24-243 Section 24-244. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-244; am 1985, ord 85-55, sec 3; am 1990, ord 90-87, sec 1; am 1993, ord 93-63, sec 1; am 2001, ord 01-108, sec 1; rep 2002, ord 02-139, sec 1.) Section 24-244. Parking privileges. (a) Only a vehicle displaying a special license plate, a removable windshield placard, or a temporary removable windshield placard may be parked in a public or private parking space reserved for persons with disabilities. 24-86 V EHICLES AND T RAFFIC§24-244 (b) A vehicle displaying special license plates, a removable windshield placard, or a temporary removable windshield placard may park: (1) Without payment of any parking meter fees in a public metered parking space reserved for persons with disabilities. (2) Without payment of parking meter fees for the first two-and-a-half hours or the maximum time the meter allows, whichever is longer, in a public metered parking space. (2002, ord 02-139, secs 1 and 2.)24-244 Section 24-245. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-245; rep 2002, ord 02-139, sec 1.) Section 24-245. Fees. (a) The office of management shall charge and collect the fee of $10 for removable windshield placards, temporary removable windshield placards and identification cards as established in Title 11, Chapter 219, Hawai‘i Administrative Rules. (b) The special license plate fees shall be the same as the regular license plate fees and shall be collected by the office of management. (2002, ord 02-139, sec 2.)24-245 Section 24-245.1. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-245.1; am 1985, ord 85-55, sec 4; am 1987, ord 87-94, sec 3; am 1993, ord 93-63, sec 1; rep 2002, ord 02-139, sec 1.) Section 24-245.1. Requirements; permit display, presentation of identification card and nontransferability. (a) The requirements governing the display of the permit and presentation of the identification card, the nontransferability of placards and plates, and reciprocity shall be the same as those set forth in Title 11, Chapter 219, Hawai‘i Administrative Rules. (2002, ord 02-139, sec 2.)24-245. Section 24-245.2. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-245.2; am 1985, ord 85-55, sec 4; am 1987, ord 87-94, sec 3; am 1993, ord 93-63, sec 1; rep 2002, ord 02-139, sec 1.) Section 24-245.2. Designation of parking spaces. (a) The director of the department of public works is authorized to designate and identify parking spaces for persons with disabilities in areas under the jurisdiction of the County of Hawai‘i. 24-87 § 24-245.2H AWAI‘I C OUNTY C ODE (b) Public and private entities required to comply with the American with Disabilities Act of 1990, as amended, or otherwise desiring to designate parking stalls for persons with disabilities, shall conform to specifications for signs and markings of parking spaces as established in Title 11, Chapter 219, Hawai‘i Administrative Rules. (2002, ord 02-139, sec 2.)24-245.2 Section 24-245.3. \[Former\] Repealed. (1983 CC, c 24, art 8, sec 24-245.3; am 1985, ord 85-55, sec 4; am 1987, ord 87-94, sec 3; am 1993, ord 93-63, sec 1; am 2002, ord 02-139, sec 1.) Section 24-245.3. Violations and penalties. (a) In accordance with Chapter 291, Part III, Hawai‘i Revised Statutes, and Title 11, Chapter 219, Hawai‘i Administrative Rules: (1) Any person who knowingly falsifies an application for a removable windshield placard, temporary removable windshield placard, special license plates, and identification card, or any renewal or replacement thereof, shall be subject to suspension or revocation of the placard, special license plates, or identification card. (2) An unauthorized person using the removable windshield placard, temporary removable windshield placard, or special license plates to obtain the special parking privileges authorized under this section or otherwise afforded by the state or counties, shall be guilty of a traffic infraction and fined according to Chapter 291D, Hawai‘i Revised Statutes, and Title 11, Chapter 219, Hawai‘i Administrative Rules. The unauthorized use of disabled parking permits shall also be subject to suspension or revocation of these permits. (3) A person who uses a parking space reserved for persons with disabilities without displaying a removable windshield placard, a temporary removable windshield placard, or special license plates, shall be guilty of a traffic infraction and fined according to Chapter 291D, Hawai‘i Revised Statutes, and Title 11, Chapter 219, Hawai‘i Administrative Rules. (4) A person with a disability who refuses or fails to present an identification card to an enforcement officer upon request, shall be guilty of a traffic infraction and fined according to Chapter 291D, Hawai‘i Revised Statutes, and Title 11, Chapter 219. Hawai‘i Administrative Rules. (2002, ord 02-139, sec 2.)24-245.3 24-88 V EHICLES AND T RAFFIC§24-245.4 Division 7. Parking for electric vehicles. Section 24-245.4.Definitions. As used in this division: “Electric vehicle” means: (1) A neighborhood electric vehicle as defined in this section; (2) A vehicle, with four or more wheels, that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity; or (3) A fuel cell electric vehicle.” “Electric vehicle charging system” 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, including standard SAE J1772 of SAE International; and (3) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code; provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle.” “Fuel cell electric vehicle” means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion.” “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). (2022, ord 22-95, sec 2.)24-245.4 Section 24-245.5. Parking privileges. (a) Only electric vehicles may be parked in a parking space designated and marked as reserved for electric vehicles. (b) Only electric vehicles that are plugged in with the intent to charge may be parked in a parking space equipped with an electric vehicle charging system that is designated and marked as reserved for this purpose. (2022, ord 22-95, sec 2.)24-245.5 Section 24-245.6. Penalties. Any person who uses a parking space in violation of section 24-245.5, shall be guilty of a traffic infraction and fined according to chapter 291D and section 291-72, Hawaii Revised Statutes. (2022, ord 22-95, sec 2.)24-245.6 SUPP. 13(1-2023) 24-88.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 13 (1-2023) 24-88.2 V EHICLES AND T RAFFIC§24-246 Article 9. Pedestrians. Section 24-246. Crosswalks established. The streets described in schedule 24, section 24-276 are established and designated as crosswalks when appropriate lines or other markings on the surface of the roadway giving notice are painted. (1983 CC, c 24, art 9, sec 24-246.)24-246 Section 24-247. Entering obstructed intersection or crosswalk. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles or pedestrians, despite any traffic-control signal indication to proceed. (1983 CC, c 24, art 9, sec 24-247.)24-247 Section 24-248. Roadways closed to pedestrian traffic. (a) No pedestrian shall enter upon or cross any roadway or portion of any roadway designated by ordinance as closed to pedestrian traffic, except within an authorized marked crosswalk, or upon a pedestrian overpass, or through a pedestrian tunnel. (b) The areas designated in schedule 26, section 24-278 are closed to pedestrian traffic. (1983 CC, c 24, art 9, sec 24-248.)24-248 Section 24-249. Pedestrians soliciting rides or business prohibited. (a) No person shall stand in a roadway for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle. (b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. (1983 CC, c 24, art 9, sec 24-249.)24-249 Section 24-250. Driving through safety zone prohibited. The portions of streets, described in schedule 25, section 24-277 are designated as safety zones when appropriate lines or other markings on the surface of the roadway giving notice thereof are plain. (1983 CC, c 24, art 9, sec 24-250.)24-250 Section 24-251. Obstruction of highways. No person shall sit, kneel, squat, or lie upon any roadway, sidewalk, or sidewalk curbing except when overcome by illness or in an emergency. (1983 CC, c 24, art 9, sec 24-251.)24-251 24-89 § 24-252H AWAI‘I C OUNTY C ODE Section 24-252. Highway railings; prohibited acts. No person shall sit, stand, or walk or aid or assist any other person to sit, stand, or walk upon the railing of any highway bridge, overpass or guardrail. (1983 CC, c 24, art 9, sec 24-252.)24-252 Articles 10 and 11. Vehicle and Traffic Schedules. * *Editor's Note:Articles 10 and 11, that contain Vehicle and to Traffic Schedules, are located behind the tabbed divider sheet directly following this page. 24-90 Chapter 24 VEHICLES AND TRAFFIC TRAFFIC SCHEDULES Article 10. Schedules. Division 1. Speed Limits. Section 24-253. Schedule 1. 10 mile per hour limit. Section 24-253.1. Schedule 1.1. 15 mile per hour limit. Section 24-254. Schedule 2. 20 mile per hour limit. Section 24-255. Schedule 3. 25 mile per hour limit. Section 24-256. Schedule 4. 30 mile per hour limit. Section 24-257. Schedule 5. 35 mile per hour limit. Section 24-258. Schedule 6. Reserved. Section 24-259. Schedule 7. 40 mile per hour limit. Section 24-260. Schedule 8. 45 mile per hour limit. Section 24-261. Schedule 9. Reserved. Section 24-262. Schedule 10. 50 mile per hour limit. Section 24-263. Schedule 11. 55 mile per hour limit. Division 2. Moving Vehicles. Section 24-264. Schedule 12. Stop intersections. Section 24-265. Schedule 13. Yield locations. Section 24-266. Schedule 14. Through streets. Section 24-267. Schedule 15. One way streets. Section 24-268. Schedule 16. Turn right anytime with caution. Section 24-269. Schedule 17. Right turns only. Section 24-270. Schedule 18. Left turns only. Section 24-271. Schedule 19. Prohibited left turn areas. Section 24-272. Schedule 20. Prohibited right turn areas. Section 24-273. Schedule 21. Permitted U-turn areas. Section 24-274. Schedule 22. Prohibited U-turn areas. Section 24-274.1. Schedule 22.1. Traffic signal systems. Division 3. Bus Stops and Public Road Taxi Stands. Section 24-275. Schedule 23. Bus stop locations. Section 24-275.1. Schedule 23.1. Public road taxi stand locations. i Division 4. Pedestrians. Section 24-276. Schedule 24. Crosswalks. Section 24-277. Schedule 25. Safety zones. Section 24-278. Schedule 26. Roads closed to pedestrian traffic. Division 5. Parking. Section 24-279. Schedule 27. Parking on pavement prohibited at all times. Section 24-280. Schedule 28. No parking at anytime. Section 24-281. Schedule 29. Parking prohibited during certain hours on certain streets; tow-away zone. Section 24-282.1. Schedule 30.1. 15 minute parking areas. Section 24-282.2. Schedule 30.2. 36 minute parking areas. Section 24-283. Schedule 31. 1 hour parking areas. Section 24-284. Schedule 32. 2 hour parking areas. Section 24-284.1. Schedule 32.1. 8 hour parking areas. Section 24-285. Schedule 33. 24 hour parking areas. Section 24-286. Schedule 34. No stopping, standing or parking areas. Section 24-286.1. Schedule 34.1. Angle parking permitted areas. Division 6. Loading Zones. Section 24-287. Schedule 35. Passenger loading zones. Section 24-288. Schedule 36. Freight loading zones. Section 24-288.1. Schedule 36.1. Active loading and unloading zones. Division 7. Parking Meter Zones. Section 24-289. Schedule 37. 36 minute parking meter zones. Section 24-290. Schedule 38. 1 hour parking meter zones. Section 24-291. Schedule 39. 2 hour parking meter zones. Section 24-291.1. Schedule 39.1. 2 hour parking meter zones. Section 24-292. Schedule 40. 8 hour parking meter zones. Division 8. Restrictions on Certain Vehicles. Section 24-293. Schedule 41. Use of certain streets by certain vehicles restricted. Division 9. Bicycles. Section 24-294. Schedule 42. Bicycle lanes. Section 24-295. Schedule 43. Bicycle routes. ii Division 10. Tow or Tow-Away Zones. Section 24-296. Schedule 44. Reserved. Article 11. Schedules -- Private Streets. Division 1. Speed Limits. Section 24-297. Schedule 1. 10 mile per hour limit. Section 24-298. Schedule 2. 15 mile per hour limit. Section 24-299. Schedule 3. 20 mile per hour limit. Section 24-300. Schedule 4. 25 mile per hour limit. Section 24-301. Schedule 5. 30 mile per hour limit. Section 24-302. Schedule 6. 35 mile per hour limit. Section 24-303. Schedule 7. Reserved. Section 24-304. Schedule 8. Reserved. Section 24-305. Schedule 9. Reserved. Section 24-306. Schedule 10. Reserved. Division 2. Moving Vehicles. Section 24-307. Schedule 11. Stop intersections. Section 24-308. Schedule 12. Through streets. Section 24-309. Schedule 13. Prohibited right turn areas. Section 24-310. Schedule 14. Truck routes. Section 24-311. Schedule 15. Reserved. iii This page intentionally left blank. V EHICLES AND T RAFFIC§ 24-253 Chapter 24 VEHICLES AND TRAFFIC TRAFFIC SCHEDULES Division 1. Speed Limits. Section 24-253. Schedule 1. 10 mile per hour limit. A speed limit of ten miles per hour is established as set forth in this schedule upon the streets or portions of streets as follows: (a) Banyan Street. Ilima Street. Kawila Street. Nienie Place. Ulu Street. Wiliwili Street. (b) North Hilo (c) South Hilo Lihiwai Street, the one-way portion, between Keliipio Place and the unnamed roadway to the pier and lighthouse. (e) Kohala (f) Kona Houselots Road. (g) Puna ‘Opihikao-oints 2.8 and 3.0 miles makai of Route130. (1996, ord 96-163, sec 2; am 1999, ord 99-135, sec 1; am 2001, ord 01-96, sec 1.) 24-253 24A-1 § 24-253.1 H AWAI‘I C OUNTY C ODE Section 24-253.1. Schedule 1.1. 15 mile per hour limit. A speed limit of fifteen miles per hour is established as set forth in this schedule upon the streets or portions of streets as follows: (a) Kika Street. Koa Street. Koniaka Place. Maile Street. Milo Street. Naupaka Street. Highway to the terminus of the paved portion, all trucks over one ton. Rickard Place. Wailana Place. (b) North Hilo Kapehu Camp Subdivision, North Hilo: Kaalau Street. Ko‘i Loop. Ko‘i Place. (c) South Hilo ‘Amauulu Road, Wainaku Street to a point two hundred twenty feet mauka ofWaimalino Lane. Hina Street. Leimana Street. Malia Street. thesoutheasterly direction. Pi‘ihonua Road, from a point .7 mile northwest of the terminus of Avenue at the southern terminus of Bridge 25-2 to its western terminus. 24A-2 V EHICLES AND T RAFFIC§ 24-253.1 (e) Kohala (f) Kona Ali‘i Drive, from Palani Road to Walua Road (vicinity of Kona Hilton Hotel). Miloli‘i Access Road, from a point four miles west of State Highway Route 11to its southern terminus in Miloli‘i Village. Palani Road, from Kuakini Highway to Ali‘i Drive. Walua Road, Wikolia Street to Sunset Drive. (g) Puna Ka‘ohe Homestead Road, from Route 130 for a distance of .5 mile. Maluhia Road. (1996, ord 96-163, sec 2; am 1996, ord 96-145, sec 1; am 1997, ord 97-11, sec 1; am 1999, ord 99-65, sec 6; ord 99-85, sec 1; am 2001, ord 01-62, sec 1; ord 01-119, sec 1; am 2008, ord 08-43, sec 1; ord 08-99, sec 1; am 2009, ord 09-108, sec 2, ord 09-147, sec 2.)24-253.1 Section 24-254. Schedule 2. 20 mile per hour limit. A speed limit of twenty miles per hour is established as set forth in this schedule upon the streets or portions of streets as follows: Kamani Place, Pakalana Street to its terminus. Mauna Loa Street. Old Honoka‘a-Waipi‘o Road, from its intersection with the State Highway (FAS 240) on the Honoka‘a side of Kukuihaele Village to the Waipi‘o Valley Lookout. (b) North Hilo (c) South Hilo Aipuni Street. distance of 1,700 feet in the mauka direction. Hilo Country Club Drive. 24A-3 § 24-254 H AWAI‘I C OUNTY C ODE (e) Kohala East Makuahine Street. Iwikuamo‘o Drive. Keiki Place. Konokohau Road. Kupunahine Street. Kupunakane Street. Laelae Road. Makuakane Street. Mo‘opuna Place. Spencer Road. West Makuahine Street. (f) Kona(Subdivision included at end) Kealakaa Street in the school zone fronting Kealakehe Elementary School, from a point five hundred ninety feet north of Palani Road and extending one thousand six hundred forty feet in the northerly direction while speed limit sign beacons are flashing. Painted Church Road, Middle Ke‘ei Road to Ke Ala O Keawe Road. Pu‘uhonua Road, from the Kahauloa Houselots Road to the City of Refuge. Walua Road, Akoni Drive to Kuakini Highway. Lono Kona Subdivision, North Kona: Ala Onaona Street. Alahou Street. Alaka‘i Street. Alanoe Place. Kalawa Street. Lamaokeola Street. (g) Puna Government Beach Road from Papaya Farms Road to its northwestern terminus. Haa Place. Haa Street. 24A-4 V EHICLES AND T RAFFIC§ 24-254 (g) Puna(Continued) Haunani Road, from a point six hundred thirty-five feet northwest of Maile Avenue to its northwestern terminus. Kaiewe Place. Kea‘au Loop, from the access road serving the new Kea‘au Self Help Subdivision to Route 11. Mahiai Road, from Amaumau Road to its southwestern terminus. North Oshiro Road, from Route 11 to Komo Street. (1996, ord 96-163, sec 2; am 1996, ord 96-139, sec 1; am 1997, ord 97-119, sec 1; am 2005, ord 05-148, sec 1; am 2009, ord 09-133, sec 2; ord 09-137, sec 2; am 2012, ord 12-82, sec 2; am 2014, ord 14-44, sec 2; am 2015, ord 15-20, sec 2.)24-254 Section 24-255. Schedule 3. 25 mile per hour limit. A speed limit of twenty-five miles per hour is established as set forth in this schedule upon streets or portions of streets as follows: (a) Homestead Road. Honoka‘a-Waipi‘o Road, makai side, from a point three thousand eight hundred thirty feet (0.7 miles) northwest of Highway 19 and extending to a point two thousand five hundred fifteen feet northwest of Lehua Street. Honoka‘a-Waipi‘o Road, mauka side, from a point thirty-eight thousand eight hundred thirty-seven feet (7.4 miles) southeast of Waipi‘o Valley Road and extending three thousand four hundred eighty-six feet southeast of Lehua Street. Lehua Street in Honoka‘a, from the junction of Lehua and Plumeria Streets to Belt Roadat Waimea. Pakalana Street in Honoka‘a, from a point four hundred feet mauka of Kukui Plumeria Street in Honoka‘a, from Hawai‘i Belt Road entrance to Lehua Street. thepaved portion. (b) North Hilo and 30.5 mile markers of the Hawai‘i Belt Road, Route 19, for a distance of one and six-tenths miles. SUPP. 16 (7-2024) 24A-5 § 24-255 H AWAI‘I C OUNTY C ODE (c) South Hilo (Subdivision included at end) Ainaola Drive, from Malaai Road to its terminus in the mauka direction. Banyan Drive. Banyan Way, from Kalaniana‘ole Avenue to Banyan Drive. Chin Chuck Road, beginning at a point 1.6 miles west of the Hawai‘i Belt Road and extending .7 mile in the westerly direction to the end of the paved section of Chin Chuck Road. Haleloke Street. Villa, on the following streets: - Hale Nani Place. - Hale Nani Street. Kaiwiki Road, beginning at a point 0.6 mile mauka of the Old Hawai‘i Belt Road and extending to its mauka terminus. Kalaniana‘ole Street, James Kealoha Park Access Road to Leleiwi Street. All streets within the area bounded by Kamehameha Avenue, Ponahawai Street, Kino‘ole Street, and Wailuku Drive. Kawailani Street, from its western terminus to a point one hundred sixty-five feet east of Makani Circle. Street, from Komohana Street to Kapi‘olani Street. Lanakila Homes area, all streets. Lihiwai Street, from Kamehameha Avenue to the unnamed roadway into the pier and lighthouse. Kalaniana‘ole School. Pi‘ihonua Road, beginning from its start at the southern terminus of Bridge 25-2, extending to a point approximately .7 mile in the northerly direction. terminus of Bridge 25-2. Wainaku Street. ‘Alae Point Subdivision, South Hilo: Kahoa Street. MakakaiPlace. Nahala Street. outh Hilo: Hilina‘i Street. Hoopuni Street. Iloko Street. SUPP. 16 (7-2024) 24A-6 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. ghway. 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 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, NorthKona: ‘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. hoa Highway to the school. Kuakini Highway, beginning at a point four hundred feet south of Road to its terminus at the Old Kona Airport. Manawale‘a Street. Miloli‘i Access Road, from State Highway Route 11 to a point four miles in thewesterlydirection. Palani Road, from Queen Ka‘ahumanu Highway to Kuakini Highway. (g) Puna Alaula Street. ‘Ale Road. southerly direction. 24A-8 V EHICLES AND T RAFFIC§ 24-255 (g) Puna(Continued) 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. d. 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. Pa Ali‘i Street. -Kalapana Road junction. for itsentire length. Pohoiki Road, between a point 1.55 miles makai of Route 132 and Route137. est of bridge 18-1 to its southeastern terminus. SUPP. 3 (1-2018) 24A-9 § 24-255 H AWAI‘I C OUNTY C ODE (g) Puna(Continued) 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.)24-255 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. ohana Street to a point one hundred fifty feet southwest of Kahikini Street. Lama Street, Kanoelehua Street to Railroad Avenue. Makalika Street, Kanoelehua Street to Railroad Avenue. 2.6miles towards South Point Road. SUPP. 16 (7-2024) 24A-10 V EHICLES AND T RAFFIC§ 24-256 (e) Kohala of the State Highway. thousand five hundred feet in the Honoka‘a direction, in the vicinity of Fukushima Store. (f) Kona 7-8-014:005 and 7-8-014:006. Hawai‘i Belt Road (Highway 11), from a point five thousand one hundred feet south of the terminus of the State Highway in Honalo to a point two hundred thirty-five feet north of Haukapila Street. Hawai‘i Belt Road (Highway 11), from a point one thousand feet south of Hale Keekee Place to the beginning of the State Highway in Captain Cook. Keauhou Junction. (g) Puna -Kapoho Road to Papaya Farms Road. Huina Road, Volcano Highway to a point 0.8 mile west. Kalapana-Kapoho Beach Road, from a point six thousand three hundred sixty-one feet south of Kapoho Kai Drive to its southern terminus. Road. (1996, ord 96-163, sec 2; am 1997, ord 97-76, sec 2; ord 97-97, sec 2; am 1998, ord 98-131, secs 3 and 4; am 2003, ord 03-95, sec 1; am 2008, ord 08-63, sec 1; am 2009, ord 09-96, sec 1; am 2012, ord 12-74, sec 2; ord 12-75, sec 2; ord 12-83, sec 2; am 2014, ord 14-94, secs 2 and 3; am 2016, ord 16-51, sec 2; am 2019, ord 19-42, sec 1; am 2023, ord 23-58, sec 2.)24-256 SUPP. 16 (7-2024) 24A-11 § 24-257 H AWAI‘I C OUNTY C ODE Section 24-257. Schedule 5. 35 mile per hour limit. A speed limit of thirty-five miles per hour is established as set forth in this schedule upon the streets or portions of streets as follows: (a) Honoka‘a-Waipi‘o Road, from a point thirty-one thousand nine hundred ninety-eight feet (6.1 miles) northwest of Lehua Street and extending three thousand one hundred forty-two feet in the northwesterly direction. Honoka‘a-Waipi‘o Road, makai side, from a point eight thousand five hundred sixty-three feet (1.6 miles) northwest of Lehua Street and extending one thousand two hundred feet in the northwesterly direction. Honoka‘a-Waipi‘o Road, makai side, from a point eighteen thousand six hundred fifty-five feet (3.5 miles) northwest of Lehua Street and extending five thousand three hundred forty-one feet in the northwesterly direction. Honoka‘a-Waipi‘o Road, makai side, from a point thirty-nine thousand eight hundred thirty-eight feet (7.5 miles) northwest of Lehua Street and extending to the intersection of Waipi‘o Valley Road. Honoka‘a-Waipi‘o Road, mauka side, from a point five thousand nine hundred fifteen feet (1.1 miles) east of Waipi‘o Valley Road and extending three thousand nine feet in the southeasterly direction. Honoka‘a-Waipi‘o Road, mauka side, from a point seventeen thousand three hundred eighteen feet (3.3 miles) southeast of Waipi‘o Valley Road and extending five thousand ninety-seven feet in the southeasterly direction. Honoka‘a-Waipi‘o Road, mauka side, from a point thirty-one thousand five hundred seventy-three feet (6.0 miles) southeast of Waipi‘o Valley Road and extending one thousand two hundred ten feet in the southeasterly direction. (b) North Hilo (c) South Hilo Ainako Avenue. Chin Chuck Road, Hawai‘i Belt Road to a point 1.6 miles west. Haihai Street. ‘Iwalani Street, between Kawailani Street and Puainako Street. Kaiwiki Road, beginning at the Old Hawai‘i Belt Road and extending a distance of 0.6 mile in the mauka direction. SUPP. 16 (7-2024) 24A-12 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 the County-maintained portion eighty-one feet south of Lalamilo Farm Road. SUPP. 16 (7-2024) 24A-13 § 24-257 H AWAI‘I C OUNTY C ODE (e) Kohala(Continued) 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. 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. SUPP. 16 (7-2024) 24A-14 V EHICLES AND T RAFFIC§ 24-257 (g) Puna(Continued) 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 hundredeighty-five feet northwest of Olomea Road. (1996, ord 96-163, sec2; am1997, ord97-2, sec1; ord97-94, sec 2; ord97-96, 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.) 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: 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 SUPP. 16 (7-2024) 24A-15 § 24-259 H AWAI‘I C OUNTY C ODE (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 Street to a point four hundred fifty f 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. 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. SUPP. 16 (7-2024) 24A-15.1 V EHICLES AND T RAFFIC§ 24-260 (Continued) 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. 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. SUPP. 16 (7-2024) 24A-15.2 § 24-260 H AWAI‘I C OUNTY C ODE (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 Intentionally left blank. SUPP. 16 (7-2024) 24A-16 V EHICLES AND T RAFFIC§ 24-262 (c) South Hilo (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec 2.)24-262 Section 24-263. Schedule 11. 55 mile per hour limit. A speed limit of fifty-five miles per hour is established as set forth in this schedule upon streets or portions of streets as follows: (b) North Hilo (c) South Hilo Puainako Street, westbound lane, from Komohana Street to a point 3.30 miles in the westerly direction and eastbound lane, from a point 0.46 miles east of Wilder Road to a point 2.98 miles in the easterly direction. (e) Kohala Waikoloa Road, from a point 2.8 miles mauka of ‘Auwaiakeakua Gulch Bridgeto Route 190. (f) Kona (g) Puna -Kapoho Road, westbound lane, from Kalapana-Kapoho Beach Road to Pohoiki Road and eastbound lane, from Pohoiki Road and extending seven hundred fifty feet west of Kalapana-Kapoho Beach Road. (1996, ord 96-163, sec 2; am 1998, ord 98-88, sec 2; ord 98-130, sec 2; am 2010, ord 10-78, sec 4; am 2012, ord 12-99, sec 2.)24-263 24A-17 § 24-264 H AWAI‘I C OUNTY C ODE Division 2. Moving Vehicles. Section 24-264. Schedule 12. Stop intersections. When properly posted, drivers of vehicles shall stop at the following intersections: Hauola Rooad intersection, all approaches. At the intersection of Lehua and Plumeria Streets facing the makai boundtraffic on Lehua Street. road nearSugar Company manager's home. manager's home. Road. Entering the Pa‘auilo School Road intersection from the Pa‘auilo School Park Road, when the one-way traffic system is not in effect. (b) North Hilo Kapehu Road, approach to Kapehu Homestead Road. (c) South Hilo Entering ‘Alae Street from Kamakaohonu Street. Entering Awela Street from Awela Place. Baker Avenue, Desha Avenue intersection, all approaches. East Puainako Street/Ohuohu Street intersection, all approaches. Haili Street, Kapi‘olani Street intersection, all approaches. approaches. Entering Kahaopea Street from Maikai Street. Kahaopea Street, Ohuohu Street intersection, all approaches. Kalanikoa Street, Kuawa Street intersection, all approaches. Entering Kamokuna Street from Laehala Street. Entering Kamokuna Street from the unnamed road which passes throughJames Kealoha Park. Keliipio Place, at Lihiwai Street. Komohana Street, Kawailani Street intersection, all approaches. SUPP. 5 (1-2019) 24A-18 V EHICLES AND T RAFFIC§ 24-264 (c) South Hilo(Continued) Street, both approaches to Komohana Street. Entering Laimana Street from ‘Alae Street. Entering Lanihuli Street from Lei Street. The unnamed roadway into the pier and lightouse, at Lihiwai Street. Entering Manulele Street from Oliana Street. Entering Mikokoi Street from Awela Street. Ohuohu Street, Ho‘ohua Street intersection, all approaches. Entering Ponahawai Street from Punahoa Street. Pua Avenue, Desha Avenue intersection, all approaches. (e) Kohala Alanui Street. Entering Kamoa Road from Serrao Road. Entering Kamuela-Kawaihae Road from Kawaihae Park Road at Kohala. At the Puako-Kawaihae-Bay Access Road (Hawai‘i Project No. G-3257-01-60) at South Kohala, from -Kawaihae Road, moving in the Kawaihae direction, except on right turn movement when such movement may be made with care to avoid collision. (f) Kona Ali‘i Drive, Lunapule Road intersection, all approaches. Ali‘i Drive, Royal Poinciana Drive intersection, all approaches. Kaiwi Street, Luhia Street intersection, all approaches. Konalani Street into Ala Keanawai at Kailua-Kona. SUPP. 8 (7-2020) 24A-19 § 24-264 H AWAI‘I C OUNTY C ODE (f) Kona(Continued) Kuakini Highway, Kaiwi Street intersection, all approaches, except the right-turn lane on Kuakini Highway northbound approach to Kaiwi Street which shall be a yield condition. Kuakini Highway, Makala Boulevard intersection, all approaches. Middle Ke‘ei Road, Painted Church Road intersection, all approaches. Entering the intersection of Palani Road and Ali‘i Drive from the northern approach of Ali‘i Drive (from the direction of Kailua Wharf). Entering the intersection of Palani Road and Kuakini Highway from bothapproaches of Kuakini Highway and the makai approach of Palani Road. Pualani Street/Wikolia Street intersection, all approaches. Rock Bottom Road, both approaches to Middle Ke‘ei Road. (g) Puna (Subdivisions included at end) Entering Ali‘i Papa Street from Huaka‘i Street. Entering Anuhea Street from Ali‘i Papa Street. Entering Anuhea Street from Anuhea Place. Entering Anuhea Street from Puolani Street. Entering Anuhea Street from Wohi Place. Entering the Kahakai Boulevard- southwestern leg of the intersection. Kalapana to Honolulu Landing Beach Road entering Kapoho to Kapoho Lighthouse Road (ER8(8)). -Kalapana Road at the triangular intersection between the Kapoho-Kalapana Entering Ka‘ohe Homestead Road from Cemetery Road. Entering the Kapoho-Kalapana Coastal Road from the eastern leg of the Kapoho--Kalapana Road. Kapoho Lighthouse Road (portion of ER8(1)), entering the Kalapana to Honolulu Landing Beach Road. Entering Kea‘au Loop from Ha‘a Street. When posted, drivers of vehicles shall stop at the intersection of Ha‘a Street and Kea‘au Loop. Entering the Kurtistown Homestead Road (Post Office Road) intersection from the 13-Mile Road (Filipino Graveyard Road) in Kurtistown, Puna, Hawai‘i. Momona Road, approach to Huina Road. 24A-20 V EHICLES AND T RAFFIC§ 24-264 (g) Puna (Continued) Entering Halelo Place from Mako Way. Entering Halelo Placefrom Naele Road. Entering Kauilani Road from Kaulalaau Road. (1996, ord 96-163, sec2; am1996, ord96-145, sec 3; am1999, ord99-65, secs 9 and 10; am 2000, ord 00-38, sec 1; ord 00-49, sec 1; ord 00-71, sec 1; am 2001, ord 01-85, sec 1; ord 01-96, sec 3; am 2002, ord 02-46, sec 1; ord 02-47, secs 1 and 2; ord 02-55, sec 1; am 2006, ord 06-131, sec 1; am 2008, ord 08-44, sec 1; ord 08-61, sec 1; ord 08-62, secs 1 and 2; ord 08-122, sec 1; am 2009, ord 09-31, sec 1; ord 09- 120, sec 2; ord 09-136, sec 2; am 2010, ord 10-74, sec 1; ord 10-85, sec 1; am 2011, ord 11-4, sec 1; ord 11-6, sec 1; ord 11-13, sec 1; ord 11-34, sec 1; ord 11-35, sec 1; am 2012, ord 12-116, sec 2; am 2013, ord 13-51, secs 2 and 3; am 2018, ord 18-92, sec 1; am 2020, ord 20-47, sec 1.)24-264 Section 24-265. Schedule 13. Yield locations. When properly sign posted, vehicles shall yield right-of-way at the following locations: (a) -7, eight hundred thirty-five feet northwest of Ho‘o Kahua Road. -7, one thousand two hundred twenty-seven feet northwest of Ho‘o Kahua Road. ad, eastbound approach to bridge adjacent to parcels 4-4-3:42, 4-4-4:6, 4-4-6:1, and 4-4-8:48. ridge adjacent to parcels 4-4-2:5, 4-4-2:6, 4-4-9:3, and 4-4-9:8. ch to Bridge No. 44-9. -10. -3. -1. cent to parcel 4-6-011:046. parcels 4-7-7:4, 4-7-7:19, and 4-7-7:90. parcels 4-7-7:8 and 4-7-7:9. bound approach to Bridge No. 47-2. SUPP. 8 (7-2020) 24A-21 § 24-265 H AWAI‘I C OUNTY C ODE (Continued) Pa‘auilo Mauka Road, westbound and eastbound departures to Bridge No.43-8. number 43-5), located 1.6 miles west of State Highway 19. (b) North Hilo Kihalani Homestead Road, mauka bound lane; the right turn from Old -2. -3. lahoa Highway, southbound approach to bridge adjacent to parcels 3-5-9:19, 3-5-9:20, and 3-5-30:49. -1. (c) South Hilo Ainaola Drive, north approach adjacent to parcels 2-4-007:049 and 2-4-007:053. Akolea Road, southbound approach to bridge adjacent to parcels identified by Tax Map Key Numbers (3) 2-5-006:130, 2-5-047:002, 2-5-056:041, and 2-5-056:043. Haihai Street, westbound, the right-turn lane to Ainaola Drive. proach to Bridge No. 26-5. Ka‘iulani Street at southbound approach to Bridge No. 23-3. -7, approaching Haihai Street. -2. stbound approach to Bridge 27-5. -6. -7. -8. und approach to Bridge 27-3. -4. extension of Lele Street near Carvalho Park. to parcels 9-5-008:001 and 9-5-008:010. SUPP. 1 (1-2017) 24A-22 V EHICLES AND T RAFFIC§ 24-265 (e) Kohala Ka‘auhuhu Homestead Road, southbound approach to bridge crossing North Kohala Ditch adjacent to parcels identified by TMK Nos. (3) 5-5- 002:007, 013, 054 and 125. Route 19, northwest bound, the right turn lane to Lindsey Road. (f) Kona Kuakini Highway, northbound, the right-turn lane to Kaiwi Street. (g) Puna Huina Road, eastbound approach at the Luhi Road intersection. Mahi‘ai Road, northeast approach at the Amaumau Road intersection. North Oshiro Road, southeast approach to bridge adjacent to parcels (3)1-8-005:029 and (3)1-8-073:003. (2000, ord 00-87, sec 2; ord 00-130, sec 1; am 2001, ord 01-85, sec 2; am 2002, ord 02-87, sec 1; am 2003, ord 03-53, sec 1; am 2004, ord 04-125, sec 1; am 2007, ord 07-118, sec 1; am 2008, ord 08-45, sec 1; ord 08-132, sec 1; am 2009, ord 09-97, sec 1; ord 09-109, sec 2; ord 09-136, sec 3; am 2010, ord 10-18, sec 2; ord 10-84, sec 1; am 2011, ord 11-68, sec 2; ord 11-79, sec 2; ord 11-113, sec 2; am 2012, ord 12-55, sec 2; am 2013, ord 13-20, sec 2; ord 13-128, sec 2; am 2014, ord 14-14, sec 2; ord 14-28, sec 2; ord 14-46, sec 2; ord 14-109, sec 2; am 2016, ord 16-83, sec 2.)24-265 Section 24-266. Schedule 14. Through streets. When properly sign posted, the following streets or portions of streets are designated as through streets: Ilima Street. Maile Street. (b) North Hilo (c) South Hilo Akea Street, except at Kaunaloa and Haihai Streets. SUPP. 1 (1-2017) 24A-23 § 24-266 H AWAI‘I C OUNTY C ODE (c) South Hilo(Continued) Ainaola Drive, from Kawailani to its end in a westerly direction. Alohalani Drive, except at Haihai Street and Kaunaloa Street. ‘Amauulu Road, from Wainaku Avenue to its end. Andrews Avenue. Baker Avenue, Kalaniana‘ole Street to its southern terminus, except at Desha Avenue. Banyan Drive, except at Lihiwai Street and Kamehameha Avenue. Bishop Street, from Kamehameha Avenue to Waiolama Canal. Haihai Street, from Kino‘ole Street to the Ainaola Drive. Street from a southerly (Puna) direction and at Punahele Street from a Hale Nani Street, from Kapi‘olani Street westerly to its end. Heahea Street, from Ainaola Drive to its southern terminus. Hema Street, except at Kapi‘olani Street. eet. Hookano Street, from Kupulau Road to Ho‘olaule‘a Street. Ioana Street, from Wilder Road to its eastern terminus. ‘Iolani Street. Ipuka Street. Ka‘akepa Street, from Pepe‘ekeo Street to its mauka terminus except at the Hawai‘i Belt Road. Kainehe Street, from Kamehameha Avenue to Aalapuna Street. Kalaniana‘ole Street, from Kamehameha Avenue to its end. Kamehameha Avenue, from Wailuku Drive to Kalaniana‘ole Street, (Pu‘u‘eo) direction. Kapaka Street, except at Haihai Street. Kapi‘olani Street, from Ponahawai Street to its end in a southeasterly direction. Ka‘uhane Avenue. 24A-24 V EHICLES AND T RAFFIC§ 24-266 (c) South Hilo (Continued) Kaunaloa Street. Kawailani Street, from Kino‘ole Street to its end in the mauka direction, except at Komohana Street. Manono Street. Wailuku Drive. Keo Street, from Wilder Road to its eastern terminus. Street. Kilikina Street, from Ainako Avenue to its terminus. Kilohana Street, from Kamehameha Avenue to Banyan Drive. at Kino‘ole Street, Ululani Street, Kapi‘olani Street, Komohana Street, and Mohouli Street. ighway to its mauka terminus except at the Hawai‘i Belt Road. Kumula Street, except at Ka‘akepa Street and at the mauka intersection with Kulala Street. Kumula Street, from the west intersection with Kulala Street and looping with Kulala Street, except at the Kula‘imano Homestead Road. Lama Street, except at its intersection with the Hawai‘i Belt Road. at Manono Street. Loloa Drive, from Hawai‘i Belt Road westerly to its end. Makahana Street, from Kula‘imano Road to Pepe‘ekeo Street. Makalika Street, except at its intersection with the Hawai‘i Belt Road. Mamo Street, from Kamehameha Avenue to Kino‘ole Street, except at Keawe Street. Mikioi Street, except at Paipai and No‘eau Streets. Pi‘ilani Street. 24A-25 § 24-266 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) Kino‘ole Street, and Komohana Street. No‘eau Street, except at Pilipaa and Ohuohu Streets. Ohuohu Street, except at Kahaopea Street. Onomea Street, except at Kapehu Street. Operations Road. Paipai Street, except at Pilipa‘a and Ohuohu Streets. Pi‘ilani Street, from Kanoelehua Avenue to Wailoa State Park Road, except at Manono Street. Pilipa‘a Street, except at Kahaopea Street. Ponahawai Street, from Kino‘ole Street to its end in the mauka direction. Pua Avenue, Kalaniana‘ole Street to Lyman Avenue, except at Desha Avenue. Highway. Pu‘u‘eo Street, from Wailuku Drive to Kauila Street. Railroad Avenue, except at Leilani Street. Terrace Circle, except at its intersection with Terrace Drive. Terrace Drive. Ululani Street, from Ponahawai Street southeasterly to its terminus, except at Wailuku Drive, from Kamehameha Avenue to Ka‘iulani Street, except at Keawe Street and Wainaku Avenue. Wainohia Street, from Puainako Street to its southern terminus. Wilder Road. Ilima Street, except at Huapala Street. 24A-26 V EHICLES AND T RAFFIC§ 24-266 (Continued) Maile Street, except at Kamani Street. Puahala Street, except at Pakalana and Kamani Streets. Pumeli Street, except at Puahala and Pakalana Streets. (e) Kohala Kynnersley Road in Kohala, from its intersection with the Kamuela- - Lindsey Road, from the Waimea to Kawaihae Road to Hoku‘ula Road. Pu‘u Nanea Street, from Pu‘u Nani Drive northerly to its end. Highway northerly to its end. Pu'u Pulehu Loop, the main road that forms a loop through Lakeland Subdivision, in South Kohala, between its two terminals at Mamalahoa Highway. Waimea to Kawaihae. (f) Kona terminus. Haku Nui Road, from Hind Drive easterly to its end. Hind Drive, from Captain Cook Road northerly to its end. Kealakaa Street, from Palani Road to its terminus. The highway known as the Middle Road, from Kealakekua where it Palani Road, from the Hawai‘i Belt Road to Kuakini Highway. Plumeria Road, except at Royal Poinciana Drive. Royal Poinciana Drive, except at Ali‘i Drive. Sea View Circle, within Kona Sea View Subdivision, except for approximately two hundred thirty feet of the road from its access at Kuakini Highway. (g) Puna ‘Ainaloa Boulevard, except at Route 130. 24A-27 § 24-266 H AWAI‘I C OUNTY C ODE (g) Puna(Continued) 11 to Alaula Street. Ali‘i Koa Street, Route 11 to Alaula Street. Haunani Street, at the Volcano. Kahakai Boulevard, except at the "stop" controls at the makai approach - The highway known as the Kea‘au to Kapoho Road, from its intersection with the Hawai‘i Belt Road in Kea‘au to Kapoho. . -Kapoho Road to Mauka Nui Street. -mile Bridge by way of Puna, to the Honoli‘i Gulch, except where it intersects the following: - The Hawai‘i Belt Road. - Honohina Village Cutoff Road. - - - Kahuku Camp Cutoff Road. - Kanoelehua Cutoff Road. - The Kea‘au- - Moana Kai Pali Street, from the Kalapana-Kapoho Road to its southwestern terminus. Ole‘ Ole Street, from the Kalapana-Kapoho Road to Mauka Nui Street. Puolani Street, except at Anuhea Street. Route 137, Route 130 to Route 132, except at Pohoiki Road and at the Isaac Hale Beach Park driveway. The highway known as the Saddle Road, from the Country Club Drive Wright Road (FASP S-253 (1)). (1996, ord 96-163, sec 2; am 1997, ord 97-62, secs 1 and 2; am 1999, ord 99-65, secs 11, 12, and 13; am 2001, ord 01-11, sec 1; ord 01-62, sec 4; ord 01-96, secs 4 and 5; am 2002, ord 02-47, secs 3 and 4; ord 02-55, sec 2.)24-266 24A-28 V EHICLES AND T RAFFIC§ 24-267 Section 24-267. Schedule 15. One way streets. When properly posted, traffic shall move only in the direction indicated upon the following streets or portions of streets: from the Honoka‘a to the Hilo direction between the Cutoff Road on the Hilo side of the Catholic Church and the Hawai‘i Belt Road (Proj. DF- 019-2(5)). Pa‘auilo School Park Road. All vehicular traffic shall move only from the Honoka‘a to Hilo direction between the Pa‘auilo Homestead Road and the Pa‘auilo School Road during the hours of 7:00 a.m. to 8:15 a.m. and 1:00 p.m. to 2:30 p.m. on school days. Pa‘auilo School Road. All vehicular traffic shall move only from the mauka to makai direction between the Pa‘auilo School Park Road and 1:00 p.m. to 2:30 p.m. on school days. Pakalana Street in Honoka‘a. All vehicular traffic shall move only in i Street between the hours of 7:00 a.m. and 3:00 p.m. on school days only. (b) North Hilo (c) South Hilo Bayfront Parking Lot Driveway located two hundred forty feet A portion of Derby Street and Barenaba Street extension. All vehicular Furneaux Lane. All vehicular traffic shall move in the mauka direction, Holomalia Street. All vehicular traffic shall move only from makai to mauka between Ipuka Street and Popolo Street. All vehicular traffic shall move in the mauka direction from Kamehameha Avenue to Kino‘ole Street. Kapi‘olani Street. All vehicular traffic shall move in the Puna direction 5:00 a.m. and 1:00 p.m. on Sundays. 24A-29 § 24-267 H AWAI‘I C OUNTY C ODE (c) South Hilo(Continued) Kapi‘olani Street. All vehicular traffic shall move in the Puna direction and 8:00 a.m. on school days. Keaukaha Road, from Kalaniana‘ole Street to Kamokuna Street. ive. from Haili Street to Mamo Street. direction from Ponahawai Street to Mamo Street. Kino‘ole Street. All vehicular traffic shall move in the Puna direction from Wailuku Drive to Ponahawai Street. Lihiwai Street. All vehicular traffic shall move in the westerly direction from Keliipio Place to the roadway leading to the pier and lighthouse. Tuberculosis Rehabilitation Center and FAP F 2(3) (Kanoelehua Street Extension). Mo‘oheau Bus Terminal, the southernmost driveway, in the makai direction. Nawahi Lane. All vehicular traffic shall move only from makai to mauka between Kamehameha Avenue and Punahoa Street. Shipman Street. All vehicular traffic shall move in the makai direction from Kekaulike Street to Kamehameha Avenue. Avenue to Wailuku Drive. direction from Komohana Street to Kamehameha Avenue between the hours of 7:15 a.m. and 8:00 a.m. on school days. Wailuku Drive. All vehicular traffic shall move in the mauka direction from Kamehameha Avenue to Kino‘ole Street. SUPP. 4 (7-2018) 24A-30 V EHICLES AND T RAFFIC§ 24-267 (e) Kohala (f) Kona each Road. All vehicular traffic shall move in the northerly direction from the City of Refuge Access Road to Route 160. Likana Lane in Kailua-Kona. All vehicular traffic shall move only in a northerly direction between Ali‘i Drive and the driveway of the Kona Seaside Hotel. Sarona Road in Kailua-Kona. All vehicular traffic shall move in the easterly direction from Ali‘i Drive to a point approximately two hundred feet west of Kuakini Highway. (g) Puna (1996, ord 96-163, sec 2; am 1998, ord 98-85, sec 1; am 1999, ord 99-98, sec 1; am 2001, ord 01-96, sec 6; ord 01-119, sec 2; am 2003, ord 03-147, sec 1; am 2005, ord 05-90, sec 1; am 2008, ord 08-64, sec 1; am 2010, ord 10-87, sec 1; am 2012, ord 12-103, sec 2; am 2018, ord 18-4, sec 1.)24-267 Section 24-268. Schedule 16. Turn right anytime with caution. When signs are erected giving notice, the provisions of section 24-171 shall apply to the following locations: (b) North Hilo (c) South Hilo Noe Street at its intersection with Kalili Street, for vehicles headed in the Puna direction. Pohakulani Street at its intersection with Ainaola Drive for vehicles traveling in the Puna direction. (e) Kohala (f) Kona SUPP. 4 (7-2018) 24A-31 § 24-268 H AWAI‘I C OUNTY C ODE (g) Puna traveling in the mauka direction. Kea‘au Loop at its intersection with Ha‘a Street/Kea‘au Loop, for vehicles headed in the Puna direction. (1996, ord 96-163, sec 2; am 1998, ord 98-84, secs 1 and 2.)24-268 Section 24-269. Schedule 17. Right turns only. The following are designated as areas restricted to right turns only: (b) North Hilo (c) South Hilo a.m. on school days only. Punahele Street at Komohana Street, makai bound vehicle, 7:15 a.m. to 8:00 a.m. school days only. (e) Kohala (f) Kona Sarona Road, east bound, at Kuakini Highway. (g) Puna (1996, ord 96-163, sec 2; am 2000, ord 00-140, sec 1; am 2005, ord 05-90, sec 2.) 24-269 Section 24-270. Schedule 18. Left turns only. The following areas are restricted to left turns only: (b) North Hilo 24A-32 V EHICLES AND T RAFFIC§ 24-270 (c) South Hilo (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec 2.)24-270 Section 24-271. Schedule 19. Prohibited left turn areas. The following are designated as prohibited left turn areas: (b) North Hilo (c) South Hilo Aupuni Street at Pauahi Street. Banyan Way at Kalaniana‘ole Street. Mamo Street at Kamehameha Avenue. Intermediate School, and for the makai bound traffic entering the Hilo High School parking lot and the track field between the hours of l:00 p.m. to 3:30 p.m. on school days only. (e) Kohala (f) Kona Kuakini Highway, north bound at Sarona Road. Route 180 at Route 11, for south bound motorists between the hours of 3:30 p.m. and 6:30 p.m., Monday through Friday except holidays. 24A-33 § 24-271 H AWAI‘I C OUNTY C ODE (g) Puna - the Kea‘au Service Station. (1996, ord 96-163, sec 2; am 2005, ord 05-90, sec 3; am 2007, ord 07-86, sec 1; am 2013, ord 13-127, sec 2.)24-271 Section 24-272. Schedule 20. Prohibited right turn areas. The following are designated as prohibited right turn areas when appropriate signs or markings giving notice thereof shall be erected: (b) North Hilo (c) South Hilo o Komohana Street when traffic signal is red. (e) Kohala (f) Kona Kahakai Road, at its northern intersection with Ali‘i Drive. (g) Puna (1996, ord 96-163, sec 2; am 1998, ord 98-76, sec 1; am 1999, ord 99-25, sec 1.)24- 272 Section 24-273. Schedule 21. Permitted U-turn areas. The following areas are designated as U-turn areas when appropriate signs giving notice thereof shall be erected: (b) North Hilo (c) South Hilo Intersection of Lihiwai Street and Liholiho Street. 24A-34 V EHICLES AND T RAFFIC§ 24-273 (e) Kohala (f) Kona Within Ka‘ahumanu Square, Kailua-Kona. (g) Puna (1996, ord 96-163, sec 2; am 2008, ord 08-141, sec 1.)24-273 Section 24-274. Schedule 22. Prohibited U-turn areas. The following are designated as prohibited U-turn areas when appropriate signs or markings giving notice thereof shall be erected: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec 2.)24-274 Section 24-274.1. Schedule 22.1. Traffic signal systems. Traffic signal systems are hereby authorized as set forth in this schedule at the streets and intersections described as follows: (b) North Hilo (c) South Hilo Ainaola Drive/Haihai Street. 24A-35 § 24-274.1 H AWAI‘I C OUNTY C ODE (c) South Hilo(Continued) Kamehameha Avenue/Pauahi Street. Keawe Street/Haili Street. Keawe Street/Mamo Street. Kino‘ole Street/Haili Street. Kino‘ole Street/Kamana Street. Kino‘ole Street/Kawailani Street. Street. Kino‘ole Street/Mohouli Street. Kino‘ole Street/Ponahawai Street. Komohana Street/Mohouli Street. Komohana Street/Ponahawai Street. Mohouli Street/Kumukoa Street. Ohuohu Street, Mid-Block Crosswalk. Ponahawai Street/Kapi‘olani Street. ue/Komohana Street. (e) Kohala Highway 19/Pukalani Road. Highway 19E/Lindsey Road. (f) Kona Ali‘i Drive/Kaleiopapa Street. Ali‘i Highway/Ali‘i Drive. 24A-36 V EHICLES AND T RAFFIC§ 24-274.1 (f) Kona(Continued) Haleki‘i Street, at mid-block crosswalk, two hundred seventy feet east of Mamao Street. Henry Street/Lanihau Shopping Center. Henry Street/Walmart Kamehameha III Road/Ali‘i Highway. Kamehameha III Road at Hill Haven Subdivision. Kuakini Highway/Hanama Street. Kuakini Highway/Henry Street. Kuakini High Kuakini Highway/Kalani Street. Kuakini Highway/Palani Road. Makala Boulevard, at the Kona Commons Driveway, one thousand five hundred twenty-five feet southwest of Queen Ka‘ahumanu Highway. Makala Boulevard, at the Kona Commons Driveway, one thousand one hundred fifteen feet southwest of Queen Ka‘ahumanu Highway. Makala Boulevard/Luhia Street. Palani Road/Henry Street. Palani Road/Lanihau Shopping Center. Route 11/Haleki‘i Street. Route 11/Konawaena Elementary School Road. Route 11/Konawaena School Road. (g) Puna (1996, ord 96-163, sec 2; am 1997, ord 97-112, sec 1; am 2000, ord 00-86, secs 1 and 3; ord 00-123, sec 1; am 2002, ord 02-83, sec 1; am 2003, ord 03-164, sec 1; am 2009, ord 09-28, sec 1; ord 09-29, sec 1; ord 09-67, sec 1; ord 09-68, sec 1; ord 09-110, sec 2; ord 09-111, sec 2; ord 09-112, sec 2; am 2013, ord 13-56, sec 2.) 24- 274.1 Division 3. Bus Stops and Public Road Taxi Stands. Section 24-275. Schedule 23. Bus stop locations. When signs or markings are provided, bus stops in the County shall be located at the following locations, and no person shall stop, stand, or park a vehicle therein: Pakalana Street, west side, from a point four hundred sixty feet south of Highway 240 and extending eighty-five feet in the southerly direction, between the hours of 12:00 p.m. and 3:00 p.m. on school days only. 24A-37 § 24-275 H AWAI‘I C OUNTY C ODE (b) North Hilo (c) South Hilo Aupuni Street, southwest side, from a point seven hundred seventy- three feet southeast of Pauahi Street and extending forty feet in the southeasterly direction. Banyan Drive, northwest (makai) side, from a point nine hundred thirteen feet northeast of the northern intersection of Lihiwai Street and extending eighty-seven feet in the northeasterly direction, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday. Banyan Drive, southeast (golf course) side from a point seven hundred nineteen feet northeast of the northern intersection of Lihiwai Street and extending ninety-one feet in the northeasterly direction, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. Street and extending in the western direction for a distance of one hundred twenty feet, from 6:00 a.m. to 6:00 p.m., Monday through Saturday. -three feet extending in the eastern direction for a distance of one hundred twenty feet, from 6:00 a.m. to 6:00 p.m., Monday through Saturday. Fronting the Hilo Bus Terminal Building at Mo‘oheau Park for a distance of eighty feet. Kapi‘olani Street and extending sixty feet in the makai direction between the hours of 2:30 p.m. and 3:30 p.m. on school days only. Kamehameha Avenue, west side, beginning from a point sixty feet direction, from 12:30 p.m. to 2:30 p.m., on school days. Kapi‘olani Street, east side, beginning from a point five feet north of the Church of Holy Apostles driveway and extending in the northern direction for a distance of forty feet. Kapi‘olani Street, west side, beginning from a point eighty-eight feet of the University of Hawai‘i and extending in the southeastern direction for a distance of one hundred twenty feet, from 6:00 a.m. to 6:00 p.m. Monday through Saturday. SUPP. 4 (7-2018) 24A-38 V EHICLES AND T RAFFIC§ 24-275 (c) South Hilo(Continued) thirty- in the eastern direction for a distance of fifty feet. three feet south of Kawailani Street and extending one hundred forty eight feet in the southerly direction. seventy-one feet makai of Kapi‘olani Street and extending one hundred sixty-one feet in the makai direction, from 7:00 a.m. to 8:00 a.m. and from 3:00 p.m. to 4:00 p.m. on school days. direction for a distance of one hundred feet, from 7:00 a.m. to 8:00 a.m. and from 1:00 p.m. to 2:30 p.m. on school days. Shipman Street, adjacent to parcels 2-3-004:003 and 2-3-004:004, from 8:00 a.m. to 12:00 p.m., on school days. t intersection, and extending in the makai direction for a distance of forty feet. at its exit and extending for seventy-five feet in the westerly direction, from 1:30 p.m. to 3:00 p.m. on school days only. twelve feet makai of Laimana Street and extending two hundred twelve feet in the makai direction from 1:00 p.m. to 2:30 p.m. on school days. e, beginning from a point sixty feet makai of Kino‘ole Street and extending eighty feet in the makai direction. Intermediate School and extending one hundred eighty feet in the makai direction from 1:00 p.m. to 3:00 p.m. on school days. High School between the passenger shed fronting the Hilo High School cafeteria and the passenger shed near the exit of the unloading area, from 2:00 p.m. to 3:00 p.m. on school days. of the entrance to the Church of God, and extending in the mauka direction for a distance of forty feet. g from the mauka side of the Hawai‘i Public Library exit driveway and extending in the mauka direction for a distance of fifty feet. 24A-39 § 24-275 H AWAI‘I C OUNTY C ODE (e) Kohala hundred thirty feet east of the school driveway and extending two hundred fifty feet in the easterly direction from 7:00 a.m. to 8:00 a.m. and from 2:00 p.m. to 3:00 p.m. on school days. (f) Kona Ali‘i Drive, makai side, beginning from a point nine feet north of the Hulihe‘e Palace yard driveway and extending in the northern direction for a distance of seventy-five feet. Palani Road, north side, beginning from a point ninety-five feet mauka of the mauka driveway of the Kailua Shopping Center and extending in the mauka direction for a distance of one hundred fifty feet. Palani Road, south side, beginning from a point two hundred fifty-eight feet mauka of the First Hawaiian Bank driveway and extending in the mauka direction for a distance of one hundred forty-five feet. Route 11, east side, from a point one-hundred ninety-seven feet north of Kinue Road and extending seventy-five feet in the northerly direction. (g) Puna North Glenwood Road, beginning at a point 2.1 miles northwest of Highway 11 and extending one hundred feet in the northeasterly direction. (1996, ord 96-163, sec 2; am 1996, ord 96-138, secs 1, 2, and 3; am 1998, ord 98- 74, sec 1; ord 98-118, sec 1; am 2001, ord 01-9, sec 1; ord 01-66, sec 1; ord 01-67, sec 2; am 2003, ord 03-138, sec 1; am 2007, ord 07-167, sec 1; am 2008, ord 08- 110, sec 1; am 2011, ord 11-119, sec 2; am 2012, ord 12-102, sec 2; ord 12-122, sec 2; am 2013, ord 13-34, sec 2; am 2014, ord 14-48, secs 2 and 3; ord 14-60, sec 2; am 2015, ord 15-4, sec 2; am 2018, ord 18-45, sec 1.)24-275 Section 24-275.1. Schedule 23.1. Public road taxi stand locations. When signs or markings are provided, public road taxi stands in the County shall be located at the following locations, and no person shall stop, stand, or park a vehicle therein: (b) North Hilo SUPP. 4 (7-2018) 24A-40 V EHICLES AND T RAFFIC§ 24-275.1 (c) South Hilo (e) Kohala (f) Kona Alii Drive, east (Mauka) side, in the curb cut-out fronting parcels 7-5- 009:028 and 7-5-009:043, from 10:00 p.m. to 8:00 a.m. each day. Ka‘ahumanu Place, at itswestern terminus, in the four signed and marked stalls, from 6:00 a.m. to 6:00 p.m. (g) Puna (1996, ord 96-163, sec 2; am 2003, ord 03-139, sec 1; am 2012, ord 12-47, sec 2; am 2015, ord 15-22, sec 2.)24-275.1 Division 4. Pedestrians. Section 24-276. Schedule 24. Crosswalks. When appropriate signs or markings are provided, crosswalks in the County shall be located on the following streets: Pakalana Street, at Honoka‘a School fronting the Administration Building. Pakalana Street, makai of Kukui Street at the Honoka‘a School entrance road. Pakalana Street, one hundred thirty seven feet south of Highway 240. (b) North Hilo Anthony's Catholic Church. Road. o side of the Milo Village Road. (c) South Hilo Desha Avenue, at the front entrance to the Keaukaha School. Ha‘aheo School Road, in front of the Ha‘aheo School Garage. 24A-41 § 24-276 H AWAI‘I C OUNTY C ODE (c) South Hilo(Continued) Kamana Street, four hundred thirty-five feet southwest of Kino‘ole Street. Kamehameha Avenue, eight hundred forty feet east of Ponahawai Street. Street. venue, in front of the Hilo Hongwanji Temple. entrance. aniana‘ole School. Manono Street, in front of the Civic Auditorium. Mohouli Street, at Kapi‘olani School. Ohuohu Street, seven hundred twenty feet north of Puainako Street. feet north of the Kalaniana‘ole School ingress driveway. Pua Avenue, on the mauka side entrance to the Keaukaha School. Pua Street, in front of the Church of Jesus Christ of Latter-Day Saints. Ululani Street, between St. Joseph's High School and St. Joseph's Elementary School. he Hilo High School. kai of Ka'u Meat Market. 24A-42 V EHICLES AND T RAFFIC§ 24-276 (e) Kohala Honomaka‘u Road at Kohala High and Elementary School, in the vicinity of the Agriculture Building. Honomaka‘u Road, three hundred thirty-five feet north of Akoni Pule Highway. Lindsey Road in front of the Parker School. from the restaurant corner to the Kamuela Police Station corner. -five feet Honoka‘a of the Paniolo Avenue, three hundred forty feet southwest of Hooko Street. (f) Kona Ali‘i Drive, adjacent to parcel 7-5-019:044 and the property line between parcels 7-5-019:003 and 7-5-021:039. Ali‘i Drive, adjacent to parcels 7-7-008:020 and 7-7-008:022. Ali‘i Drive, at Kailua-Kona, fronting the Kona Inn property. Ali‘i Drive, five hundred eighty- Ali‘i Drive, in front of the Kona Ali‘i Condominium. Ali‘i Drive in Kailua-Kona, eight hundred seventy feet southeast of Royal Poinciana Drive. Ali‘i Drive in Kailua-Kona, forty feet north from the Islander Inn driveway. Ali‘i Drive in Kailua-Kona, one hundred seventy feet north of Sarona Road, fronting Moku‘aikaua Church. Ali‘i Drive in Kailua-Kona, one thousand three hundred five feet southeast of Royal Poinciana Drive. Ali‘i Drive in Kailua- Road, at the south entrance to St. Michael's Church. Ali‘i Drive, in the vicinity of the Likana Lane intersection. Ali‘i Drive, in the vicinity of the Palani Road intersection. -Kailua Road, in front of the Kailua School. Konawaena School Road, at the entrance to the Episcopal Christ Church and Waipu‘ilani School. Konawaena School Road, in front of Waipu‘ilani School. 24A-43 § 24-276 H AWAI‘I C OUNTY C ODE (f) Kona(Continued) the Kalaoa School. Cook. - - - Kona Arts Center. Kona. Palani Road in the vicinity of Kealakehe School. (g) Puna Kahakai Boulevard, two hundred forty- Street. Kalapana-Kapoho Beach Road, one hundred fifteen feet northeast of the property line between parcels 1-4-002:006 and 1-4-002:026. cafeteria. gymnasium. Kea‘au--five feet northwest of Ka‘ohe Homestead Road. (Japanese New Camp) road. -of-way. Post Office. (1996, ord 96-163, sec 2; am 1997, ord 97-5, sec 1; am 1999, ord 99-98, sec 2; ord 99-162, secs 1 and 2; am 2000, ord 00-79, secs 1-3; am 2003, ord 03-133, sec 1; ord 03-138, sec 2; am 2009, ord 09-9, sec 1; ord 09-10, sec 1; am 2010, ord 10-7, sec 2; am 2011, ord 11-14, sec 1; am 2012, ord 12-34, sec 2; ord 12-63, sec 2; ord 12-73, sec 2; ord 12-133, sec 2; ord 12-137, sec 2; ord 12-160, sec 2; am 2014, ord 14-61, sec 2.)24-276 24A-44 V EHICLES AND T RAFFIC§ 24-277 Section 24-277. Schedule 25. Safety zones. When appropriate signs or markings are provided, safety zones shall be located on the following streets or portions of streets: the Pa‘auilo School Road. Highway, from the Pa‘auilo School Road to the Hawai‘i Belt Road, Project DF-019-2(5). Street. (b) North Hilo Honoka‘a intersection with the Hawai‘i Belt Road to the Kihalani Homestead Road. Kihalani Homestead Road to the Hilo side of the cutoff road to the Hawai‘i Belt Road. (c) South Hilo Lahi Street. Avenue. west (mauka) of Laua‘e Road, a distance of approximately four thousand five hundred fifty feet. On the south side of Kawailani Street from Kino‘ole Street to Komohana Street. Street. Kalaniana‘ole School. Ha‘aheo School Road. Road to the Hakalau Store in Hakalau. 24A-45 § 24-277 H AWAI‘I C OUNTY C ODE a. On the south side of Kamani Street from the Ka'u Hospital access road and extending mauka for approximately five hundred thirty-five feet to the Old Government Road makai of Maile Street. (e) Kohala (f) Kona On the makai side of Ali‘i Drive from a point approximately five the Kailua-Keauhou Middle Road (in the vicinity of the Kona Hilton Hotel). traveling in a northerly direction for a distance of two miles. Road traveling in a northerly direction for a distance of two miles. traveling in a southerly direction for a distance of 1.2 miles. Road traveling in a southerly direction for a distance of 1.9 miles. (g) Puna Old Slaughterhouse Road (Old Volcano Road) to Milo Street. - (1996, ord 96-163, sec 2.)24-277 Section 24-278. Schedule 26. Roads closed to pedestrian traffic. The following are hereby established and designated as roads closed to pedestrian traffic: (b) North Hilo 24A-46 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 Pomaika'i Place, both sides, for its entire length. Kaomoloa Road, from Highway 190 to Kaleiohu Street. (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. (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. SUPP. 16 (7-2024) 24A-48 V EHICLES AND T RAFFIC§ 24-279 (g) Puna(Continued) 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.)24-279 Intentionally left blank. SUPP. 16 (7-2024) 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 (b) North Hilo On Puualaoa Subdivision Road from the Belt Highway fora distance of approximately two hundred twenty feet. (c) South Hilo Ernest B. de Silva School entrance. Alenaio Drive, makai side. Anderton Camp Roadway, Hilo side, for its entire length. Street. Aupuni Street, northeast side, from a point one thousand five hundred sixty- Aupuni Street, northwest side, from a point one thousand one hundred sixty- Aupuni Street, southwest side, from a point seven hundred fifty-one feet southeast of Pauahi Street and extending three hundred seventy- six feet in the southeasterly direction. Aupuni Street, southwest side, from a point three hundred forty-one feet southeast of Pauahi Street and extending two hundred eighteen feet in the southeasterly direction. Aupuni Street, southwest side, from Pauahi Street and extending two hundred thirty-five feet in the southeasterly direction. Banyan Drive, east (makai) side, from a point six hundred thirty-five feet north of Kamehameha Avenue and extending two hundred fifty feet north of Banyan Way. Banyan Drive, east (makai) side, from Kamehameha Avenue and extending four hundred eighty-nine feet in the northerly direction. Banyan Drive, northwest (golf course) side, from a point two hundred twenty-two feet northeast of Banyan Way and extending fifty-five feet southwest of Banyan Way. Banyan Drive, northwest (makai) side, from a point seven hundred twenty-three feet southwest of the northern intersection of Lihiwai Street and extending six hundred forty-nine feet in the southwesterly direction. Banyan Drive, northwest (makai) side, from a point two hundred twenty feet northeast of the northern intersection of Lihiwai Street and extending one hundred thirty-two feet southwest of the northern intersection of Lihiwai Street. Banyan Drive, west (golf course) side, from a point three hundred seventy-four feet north of Kamehameha Avenue to Kamehameha Avenue. 24A-49 § 24-280 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) East Puainako Street, south side, from Pilipaa Street to Ohuohu Street. Avenue. Haihai Street, from Iwalani Street to Klauea Avenue. Street. eighty-five feet in the mauka direction. Haili Street, Puna side, from Kapi‘olani Street for a distance of one hundred feet in the mauka direction. Haili Street, Puna side, from Kapi‘olani Street for a distance of one hundred ten feet in the makai direction. Hale Street, makai side, for its entire length. Hale Street, mauka side, from Kahema Street and extending eighty-five Hilo Bus Terminal at Mo‘oheau Park, mauka side, between the two driveways and along the Puna and makai side of the terminal. Hilo Civic Auditorium Complex, along the roadways of the complex, except where parking stalls are provided. Hina Street, both sides, beginning at its dead end and extending eighty- five feet in the northeasterly direction. de. Honu Street. extending two hundred twenty-three feet in the mauka direction. nd extending three hundred sixty-seven feet in the southwesterly direction. fifty-three feet northeast of Ululani Street and extending three hundred seventy-two feet in the northeasterly direction. SUPP. 3 (1-2018) 24A-50 V EHICLES AND T RAFFIC§ 24-280 (c) South Hilo (Continued) Kahaoi Road, both sides, from Laehala Street to its terminus. Kahema Street, both sides, starting at Hale Street and extending eighty-five feet in the mauka direction. Kahoa Road, mauka side, from the Maile Stream Bridge for a distance of one thousand one hundred feet in the Hilo direction. Ka‘iulani Street, both sides, beginning from Wailuku Drive and extending nine hundred feet in the mauka direction. Ka‘iulani Street, makai Drive. intersection to a point approximately one thousand fifty feet makai. Kaiwiki Road, Puna side, atWainaku Camp 2 from the gym road intersection to a point approximately one hundred forty feet makai. Kalaniana‘ole Street, north side, from a point eight hundred ninety-one feet west of Onekahakaha Beach Road and extending seven hundred forty-five feet in the westerly direction. Kalaniana‘ole Street, north side, from a point fifty-seven feet east of Leleiwi Street and extending five hundred feet in the westerly direction. Kalaniana‘ole Street, north side, from a point five hundred eighteen feet east of Banyan Way extending five hundred eighty-one feet in the westerly direction. Kalaniana‘ole Street, north side, from a point five hundred eighty feet west of Oeoe Street and extending five hundred seventy-one feet in the westerly direction. Kalaniana‘ole Street, north side, from a point three hundred fifteen feet west of Uwau Street and extending four hundred ninety-three feet in the westerly direction. Kalaniana‘ole Street, south side, from a point one hundred eight feet west of Lokoaka Street to Leleiwi Street. Kalaniana‘ole Street, south side, from Kamehameha Avenue to a point sixty-three feet west of the Seaside Restaurant driveway. Kamehameha Avenue, mauka side, from a point seventy feet northwest of Shipman Street to Wailuku Drive. Kamehameha Avenue, mauka side, from Ponahawai Street for a Kamehameha Avenue, north side from the State right-of-way, a point .3 mile west of Manono Street, to a point seven hundred thirty-eight feet west of Pauahi Street. 24A-51 § 24-280 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) Kamehameha Avenue, south side, from Ponahawai Street to the State right-of-way, a point one thousand six hundred feet east of Pauahi Street. Kanoa Street, Puna side, between Pu‘u‘eo Street and the Bayfront Highway. Kapi except between the hours of 5:00 a.m. and 1:00 p.m. on Sundays. Kapi‘olani Street, makai side, Ponahawai Street to Haili Street. Kapi‘olani Street, mauka side, from a point one hundred thirty-five feet south of Ponahawai Street and proceeding in a southerly direction on Kapi‘olani Street, mauka side, from Haili Street and extending towards thirty-five feet. extending one thousand one hundred thirty feet in the northwesterly direction. Street. point approximately four hundred feet mauka of Laua‘e Road, a distance of approximately four thousand five hundred fifty feet. - intersection with Manono Street southward for a distance of one hundred twenty feet. hundred thirty feet in the easterly direction. -intersection with Manono Street southward for a distance of two hundred fifty feet. Station and extending sixty feet in the makai direction. feet west of the private roadway opposite Honu Street and extending four hundred sixty- Avenue. extending two hundred fourteen feet in the easterly direction. 24A-52 V EHICLES AND T RAFFIC§ 24-280 (c) South Hilo (Continued) eet. five hundred feet in the Puna direction. one hundred sixty feet in the Puna direction. of Barenaba Lane to West Ohea Street. Kino‘ole Street, east (makai) side, from a point ninety-five feet north extending sixty- Kino‘ole Street, makai side, from a point one hundred eighty-eight feet south of Mohouli Street to a point seventy-one feet north of Mohouli Street. Kino‘ole Street, makai side, from a point three hundred thirty-seven hundred feet north of Kawailani Street. Kino‘ole Street, makai side, from Haihai Street to the Puna boundary of Kino‘ole Street, makai side, from Mohouli Street and extending for a Kino‘ole Street, mauka side, beginning at a point four hundred sixty- Kino‘ole Street, mauka side, beginning at a point seven hundred forty- in the Puna direction. Kino‘ole Street, mauka side, from Kawailani Street to a point seven hundred twenty five feet in the Puna direction. Kino‘ole Street, mauka side, from Wailoa Street and extending in the -seven feet. Kino‘ole Street, one hundred twenty-five feet on the Puna side and two hundred twenty- Kole Street. Street. 24A-53 § 24-280 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) -five feet Kumukoa Street, southwest (Puna) side, from a point one hundred thirty feet northwest of the northwest end of bridge 24-1 to its southeastern terminus. Lanakila Homes area, except where parking spaces are designated or special parking areas are provided. feet east of Kalili Street and extending nine hundred sixty-seven feet in the easterly direction. distance of one hundred fifty feet. Church of the Holy Cross and extending one hundred ten feet in the makai direction. Street, Puna side, between the 'U' of the driveway fronting the University of Hawai‘i - Hilo College Administration Building. for a distance of forty feet toward Railroad Avenue and one hundred fifty feet toward Kanoelehua Avenue. terminus at the southeast end of bridge 24-1 and extending three hundred sixteen feet northeast of Kapiolani Street. from Pu‘u‘eo Street to Wainaku Avenue. Lei Street, makai side. Maiko Street. oad to the entrance of Kalaniana‘ole School. seventy- and extending five hundred twelve feet in the northerly direction to the unnamed government roadway. Manini Street. Manono Street, beginning at a point five hundred feet north of Leilani Street and extending seven hundred twenty feet in the northerly direction. Street. Manono Street, Puna side, between the entrance and exit of the Civic Auditorium. 24A-54 V EHICLES AND T RAFFIC§ 24-280 (c) South Hilo (Continued) Mauna Kea Street, makai side. Mauna Loa Street, makai side. Mohouli Street, both sides, beginning at a point one hundred eighty-two feet northeast of Kino‘ole Street and extending four hundred eighty-five feet in the southwesterly direction. extending one hundred fifty-five feet in the mauka direction. twenty-three feet northeast of Kupuna Place and extending seven hundred sixty feet in the southwesterly direction. , from a point one hundred eighty-eight feet northeast of Kumukoa Street to a point ninety-five feet southwest of Kumukoa Street. Mohouli Street, southeast (Puna) side, from a point one hundred feet southwest of Kumukoa Street to a point two hundred feet northeast of Kumukoa Street. Nawahi Lane, Puna side. Ohuohu Street, Puainako Street to Maka‘ala Street. Pana‘ewa Street, makai side. distance of two hundred fifty feet in the mauka direction, and from a Avenue. Pauahi Street, Puna side, from Kamehameha Avenue for a distance of two hundred fifty feet in the mauka direction. Pi‘ihonua Road, both sides, beginning from the northern terminus of Bridge 25-1, extending .5 mile in the northwesterly direction. Ponahawai Street, from Kino‘ole Street to a point seventy-five feet mauka of Ululani Street. Ponahawai Street, and extending one hundred fifty-two feet in the mauka direction. Ponahawai Street, Puna side, beginning at a point three hundred feet makai of Kino‘ole Street and extending five hundred thirteen feet in the makai direction. Street. Punahoa Street, makai side, beginning from a point sixty-nine feet -eight feet in the Punahoa Street, makai side, beginning from point two hundred sixty- Punahoa Street, makai side, Ponahawai Street to Mamo Street. SUPP. 3 (1-2018) 24A-55 § 24-280 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) Punahoa Street, mauka side, Ponahawai Street to Furneaux Lane. Pu‘u‘eo Street, makai side, beginning at a point one hundred twenty Pu‘u‘eo Street, makai side, from ‘Iliahi Street to Kauila Street. Railroad Avenue, west side, beginning at a point one hundred seventy- - four feet in the southerly direction. Shipman Street, beginning at a point two hundred ten feet east of Keawe Street and extending forty feet in the easterly direction towards Kamehameha Avenue. South ‘Iwa‘iwa Street. Uhu Street. Ululani Street, makai side, beginning at a point five hundred two feet -five feet Street. Drive to Waiau Street. Street. mauka of Ululani Street. three feet mauka of Ululani Street, and extending in the mauka direction for a distance of three hundred ninety-three feet. three hundred twenty feet west of Ka‘iulani Street and extending seven hundred fifty six feet in the westerly direction. Rainbow Drive. one hundred feet in the makai direction. Wailuku Drive, Puna side, Kamehameha Avenue to Keawe Street. Wainaku Avenue, mauka side, beginning at Pukihae Bridge No. 1 and extending two hundred forty-five feet in the Puna direction. Wainaku Street, Kaiwiki Road to Ha‘aheo Road. Wainaku Street, makai side, beginning at a point two hundred eighty- two feet north of Lehua Street and extending one hundred eighty feet in the northerly direction. W. Kawili Street, from W. Puainako Street to Kapiolani Street. Wilson Street, Puna side. 24A-56 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. 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. to Route 270, starting from Route 270 and extending mauka for a distance of three hundred feet. 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. 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. 24A-57 § 24-280 H AWAI‘I C OUNTY C ODE (e) Kohala (Continued) 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-KeauhouMiddle 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. 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. SUPP. 15 (1-2024) 24A-58 V EHICLES AND T RAFFIC§ 24-280 (f) Kona (Continued) 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. 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. SUPP. 16 (7-2024) 24A-59 § 24-280 H AWAI‘I C OUNTY C ODE (f) Kona (Continued) Kahakai Road, both sides, except the six 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. 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. 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. SUPP. 16 (7-2024) 24A-60 V EHICLES AND T RAFFIC§ 24-280 (f) Kona (Continued) 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. 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. SUPP. 2 (7-2017) 24A-60.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 1 (1-2017) 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. 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. 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. 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. 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. 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. SUPP. 12 (7-2022) 24A-61 § 24-280 H AWAI‘I C OUNTY C ODE (g) Puna (Continued) -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. 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.) 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. 16 (7-2024) 24A-62 V EHICLES AND T RAFFIC§ 24-281 (c) South Hilo the hours of 7:15 a.m. to 8:00 a.m. and 2:30 p.m. to 3:30 p.m. on school days. Banyan Drive, north (makai) side, from a point one thousand three hundred seventy-two feet southwest of the northern intersection of Lihiwai Street and extending one hundred seventy-six feet in the westerly direction, between the hours of 11:00 p.m. and 5:00 a.m. Banyan Drive, northeast (makai) side, from a point nine hundred seventy-two feet northwest of Banyan Way and extending two hundred twenty feet northeast of the northern intersection of Lihiwai Street, except for the designated no parking anytime areas, loading zone, and bus stop, between the hours of 9:00 a.m. and 11:00 a.m. on Tuesdays. Banyan Drive, northwest (makai) side, from a point one hundred thirty- two feet southwest of the northern intersection of Lihiwai Street and extending five hundred ninety-one feet in the southwesterly direction, between the hours of 11:00 p.m. and 5:00 a.m. Banyan Drive, south (golf course) side, from the southern intersection of Lihiwai Street and extending one hundred forty-one feet southwest of the northern intersection of Lihiwai Street, between the hours of 11:00 p.m. and 5:00 a.m. Banyan Drive, southeast (golf course) side, from a point one hundred forty-one feet southwest of the northern intersection of Lihiwai Street and extending four hundred thirteen feet north on Banyan Way, except for the designated no parking anytime areas and bus stop, between the hours of 9:00 a.m and 11:00 a.m. on Thursdays. Banyan Drive, west (golf course) side, from a point four hundred thirteen feet north of Banyan Way and extending one hundred ninety- one feet in the southwesterly direction, between the hours of 11:00 p.m. and 5:00 a.m. Banyan Way, northwest (golf course) side, from a point fifty-five feet southwest of Banyan Way and extending three hundred seventy-four feet north of Kamehameha Avenue, between the hours of 11:00 p.m. and 5:00 a.m. SUPP. 2 (7-2017) 24A-63 § 24-281 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) Haili Street, Puna side, between Kino‘ole Street and Ululani Street from 7:15 a.m. to 8:00 a.m. on school days. of the St. Joseph School Cafeteria from 7:15 a.m. to 8:00 a.m. on school days; 1:45 p.m. to 2:30 p.m. on Mondays, Tuesdays, Thursdays and Fridays when school is in session; and 12:45 p.m. to 1:30 p.m. on Wednesdays when school is in session. Kahoa Street, east side, from a point four hundred twenty-five feet north of Nahala Street and extending five hundred ninety-five feet north from 10:00 p.m. to 5:00 a.m. Kalaniana‘ole Street, south side, from a point eighty-three feet east of the Seaside Restaurant driveway to a point one hundred eight feet west of Lokoaka Street. Kalaniana‘ole Street, south side, from a point sixty-three feet west of the Seaside Restaurant driveway and extending one hundred fifty-eight feet in the easterly direction except between the hours of 5:00 p.m. and 10:00 p.m. Kalili Street, from a point one hundred forty-four feet south of Noe Street and extending four hundred forty-three feet in the southerly direction from 11:00 p.m. to 6:00 a.m. -mauka side, adjacent to the Hilo Hongwanji Temple driveway between the hours of 2:00 p.m. and 5:30 p.m. from Mondays to Fridays and 7:30 a.m. to 12:00 noon on Sundays. seventy-seven feet southwest of Kino‘ole Street to its southwestern terminus. Lihiwai Street, east side, Banyan Drive to Lili‘uokalani Park Perimeter Road between the hours of 11:00 p.m. and 5:00 a.m. Lili‘uokalani Park Perimeter Road, beginning at a point seven hundred twenty-five feet west of Banyan Drive to Lihiwai Street between the hours of 11:00 p.m. and 5:00 a.m. Mohouli Street, Pu‘u‘eo side, in front of the children's shelter area for a distance of seventy-five feet mauka of the old driveway into Kapi‘olani School from 7:15 a.m. to 8:00 a.m. on school days; 1:45 p.m. to 2:30 p.m. on Mondays, Tuesdays, Thursdays and Fridays when school is in session; and 12:45 p.m. to 1:30 p.m. on Wednesdays when school is in session. Pi‘ihonua Road, both sides, beginning at the northern terminus of Bridge 25-2 to the southern terminus of Bridge 25-1, between the hours of 6:00 p.m. and 6:00 a.m. Sundays and public holidays. Pu‘u‘eo Street, 4:00 a.m. to 6:00 a.m. on Mondays. SUPP. 8 (7-2020) 24A-64 V EHICLES AND T RAFFIC§ 24-281 (c) South Hilo (Continued) makai of Laimana Street to Kapi‘olani Street, between the hours of 7:15 a.m. and 8:00 a.m. on school days. Church, from 7:00 a.m. to 6:00 p.m. except on Saturdays, Sundays, and holidays. from 7:15 a.m. to 8:15 a.m. on school days and from 4:00 p.m. to 5:00 p.m. except on Saturdays, Sundays and public holidays. Laimana Street and extending one hundred fifty-eight feet towards Kapi‘olani Street between the hours of 7:15 a.m. and 5:30 p.m. on school days. Laimana Street and extending one hundred sixty-four feet in the makai direction between the hours of 7:15 a.m. and 8:00 a.m. on school days. School-Annex crosswalk, from 7:15 a.m. to 8:00 a.m. on school days; 1:45 p.m. to 2:30 p.m. on Mondays, Tuesdays, Thursdays and Fridays when school is in session; and 12:45 p.m. to 1:30 p.m. on Wednesdays when school is in session. (e) Kohala (f) Kona Alapa Street, Kona Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Alii Drive, east (mauka) side, from a point sixty-eight feet north of Makolea Street and extending two hundred forty-one feet in a northerly direction from 8:00 p.m. to 5:00 a.m. Alii Drive, west (makai) side, from a point eight hundred fifty-four feet north of Makolea Street and extending eighty-two feet in a northerly direction from 8:00 p.m. to 5:00 a.m. Alii Drive, west (makai) side, from a point five hundred twenty-two feet north of Makolea Street and extending two hundred fifty-nine feet in a northerly direction from 8:00 p.m. to 5:00 a.m. Alii Drive, west (makai) side, from a point nine hundred sixty-nine feet north of Makolea Street and extending one hundred forty-four feet in a northerly direction from 8:00 p.m. to 5:00 a.m. Alii Drive, west (makai) side, from a point one thousand eight hundred twenty-six feet north of La‘aloa Avenue and extending one hundred eighty feet in a northerly direction from 8:00 p.m. to 5:00 a.m. Alii Drive, west (makai) side, from a point two thousand thirty-four feet north of La‘aloa Avenue and extending two hundred twenty feet in a northerly direction from 8:00 p.m. to 5:00 a.m. SUPP. 16 (7-2024) 24A-65 § 24-281 H AWAI‘I C OUNTY C ODE (f) Kona(Continued) The County parking lot between Kuakini Highway and Likana Lane, between the hours of 2:00 a.m. and 5:00 a.m. Eho Street, Kona Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Ka‘ahumanu Place, south side, one hundred twenty feet west of Ali‘i Drive and extending fifty-six feet in the easterly direction, from 6:00 a.m. to 6:00 p.m. everyday. Kaiwi Street, Kona Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Kaleiopapa Street, mauka side, beginning at a point four hundred ten feet north of ‘Ehukai Street and extending four hundred ten feet in the northerly direction, at all times, except between 4:00 p.m. to 9:00 p.m. on Tuesdays and Fridays. Kamanu Street, Kaloko Light Industrial Subdivision, from 10:00 p.m. to 5:00 a.m. Kanalani Street, Kaloko Light Industrial Subdivision, from 2:00 a.m. to 5:00a.m. Kauhola Street, Kaloko Light Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Keanalehu Drive, 8:00 a.m. to 3 p.m. on school days. Lawehana Street, Kaloko Light Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Luhia Street, Kona Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Maiau Street, Kaloko Light Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Olowalu Street, Kaloko Light Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Pawai Place, Kona Industrial Subdivision, from 2:00 a.m. to 5:00 a.m. Puohulihuli Street, 8:00 a.m. to 3:00 p.m. on school days. (g) Puna Building, from 2:00 p.m. to 5:30 p.m. on school days except that on Wednesdays when school is in session, no parking shall be allowed from 1:00 p.m. to 5:30 p.m. The chief of police is authorized to remove, or cause to be removed at the owner's expense, any vehicle left unattended or parked in violation of this section or posted signs. (1996, ord 96-163, sec 2; am 1997, ord 97-57, sec 1; ord 97-70, sec 1; ord 97-85, sec 1; ord 97-129, sec 3; am 1998, ord 98-32, sec 1; ord 98-85, sec 3; ord 98-89, sec 3; am 1999, ord 99-8, sec 1; ord 99-14, secs 1 and 2; am 2000, ord 00-10, sec 1; ord 00-12, sec 2; ord 00-27, sec 1; am 2001, ord 01-7, sec 1; am 2003, ord 03-168, secs 1 and 2; am 2006, ord 06-167, sec 1; am 2009, ord 09-146, sec 2; am 2010, ord 10- 3, sec 3; am 2011, ord 11-92, sec 2; am 2012, ord 12-49, sec 2; ord 12-119, sec 2; am 2014, ord 14-5, secs 2 and 4; ord 14-6, sec 2; ord 14-50, secs 2, 3, and 4; ord 14-110, sec 2; am 2016, ord 16-104, sec 2; am 2017, ord 17-28, sec 1; am 2020, ord 20-46, sec 1; am 2023, ord 23-98, sec 4; am 2024, ord 24-4, sec 3.)24-281 SUPP. 16 (7-2024) 24A-66 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: (b) North Hilo 24A-68 V EHICLES AND T RAFFIC§ 24-284 (c) South Hilo Aupuni Center public parking two rows of stalls along and adjacent to the northwest (Pauahi Street) and a single row of stalls along and building, Monday to Friday (excluding holidays) during the hours of 7:00 a.m. to 5:00 p.m. or as otherwise specified per facility. The old County Building parking lot located at the northeast corner of The County parking lot (Kamehameha Parking Lot) along the mauka Street. Haili Street between Kamehameha Avenue and Kino‘ole Street, except for active loading and unloading zone, northwest side, beginning from a point two hundred eleven feet southwest of Kamehameha Avenue and extending twenty feet in the southwesterly direction, as set forth in section 24-288.1 (schedule 36.1. Active loading and unloading zones). twenty feet mauka of Kapi‘olani Street and extending one hundred eighty-nine feet in the mauka direction. except for applicable bus stops and loading zones during specified times as outlined in chapter 24, article 10, divisions 3 and 6. Kapi‘olani Street in Hilo, from the intersection with Haili Street to the entrance to Homelani Memorial Cemetery between the hours of 8:00 a.m. and 5:00 p.m. Keawe Street, from Wailuku Drive to Haili Street. Avenue and Honu Street. -two feet in the -2-019:052. Kino‘ole Street, mauka side, between Haili Street and Mamo Street, five marked stalls in front of Farmers’ Exchange. Drive. 24A-69 § 24-284 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) Kino‘ole Street, northeast (makai) side, the first seven stalls southeast of Ponahawai Street. hundred seventy-nine feet southeast of Mamo Street, except for freight loading zone, beginning from a point two hundred thirty-five feet southeast of Haili Street and extending forty-six feet in the southeasterly direction from 5:00 a.m. to 3:00 p.m., Monday through Friday, as set forth in section 24-288, schedule 36, freight loading zones; Kino‘ole Street, southwest (mauka) side, the first seven stalls southeast of Ponahawai Street excluding the freight loading zone as set forth in section 24-288 (Schedule 36, Freight Loading Zones). Mamo Street, except for active loading and unloading zone access on Wednesdays and Saturdays, as set forth in section 24-288.1, schedule 36.1, active loading and unloading zones. Ponahawai Street, southeast side, from a point one hundred seventy-six the northeasterly direction. Punahoa Street. Shipman Street. Ululani Street, from Haili Street to the Hilo Hotel property. to Ka‘iulani Street. Wailuku Drive, from Ululani Street to Ka‘iulani Street. (e) Kohala (f) Kona Ali‘i Drive in Kailua-Kona from Palani Road to and including Rueben’s Restaurant from 9:00 a.m. to 6:00 p.m., except on Sundays and holidays. hours of 8:00 a.m. and 5:00 p.m. Palani Road, any marked parking stalls, between Kuakini Highway and Ali‘i Drive, between the hours of 9:00 a.m. and 6:00 p.m., except Sundays and holidays. 24A-70 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.)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. 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§ 24-286 (c) South Hilo Avenue, between 7:15 a.m. and 8:00 a.m. on school days. a.m. and 8:00 a.m. on school days. twenty-four feet makai of Laimana Street and extending ninety feet in the makai direction. (e) Kohala (f) Kona In Captain Cook, on the west side of Route 11, beginning at a point 0.15 southerly direction to Hind Drive. Ka‘ahumanu Place, north side, except for signed and marked ADA accessible parking stalls and loading zone. (g) Puna (1996, ord 96-163, sec 2; am 2012, ord 12-50, sec 2.)24-286 Section 24-286.1. Schedule 34.1. Angle parking permitted areas. When properly marked or signed, the following streets or portions of streets are designated as angle parking areas: (b) North Hilo (c) South Hilo Aheahe Street. Ailuna Street. ‘Akahi Street. Hema Street. Holomalia Street. Ipuka Street. 24A-73 § 24-286.1 H AWAI‘I C OUNTY C ODE (c) South Hilo(Continued) Kekaulike Street. Kupukupu Street. Lanihuli Street, from the property line between parcels 2-2-021:025 and 2-2-021:043 to its western terminus, in the marked stalls. Shipman Street. Wailuku Drive, from Kamehameha Avenue to Keawe Street. (e) Kohala (f) Kona (1998, ord 98-2, sec 2; am 2012, ord 12-72, sec 2.)24-286.1 Division 6. Loading Zones. Section 24-287. Schedule 35. Passenger loading zones. When signs are erected giving notice thereof, loading or unloading of passengers at the curb will be permitted on the following streets and portions of streets: Pakalana Street: - On the Waimea side of Pakalana Street fronting the covered walkway (b) North Hilo (c) South Hilo Desha Avenue, southeast side, from a point one hundred ninety-seven feet northeast of Pua Avenue and extending seventy five feet in the northeasterly direction (fronting Keaukaha Elementary School). feet mauka of Kino‘ole Street and extending in the mauka direction for a distance of sixty-five feet, from 7:15 a.m. to 8:00 a.m. and from 1:45 p.m. to 2:30 p.m. on school days only. 24A-74 V EHICLES AND T RAFFIC§ 24-287 (c) South Hilo (Continued) Kamehameha Avenue at: -Furneaux Lane. - Haili Street. - - Mamo Street. Kamehameha Avenue, storefront parking lot, southwest (mauka) side, one hundred sixty-six feet northwest of Haili Street and extending one hundred fifty-six feet in the northwesterly direction, between the hours of 6:00 a.m. and 8:00 a.m. on school days only. Kapi‘olani Street: - Mauka side, from a point forty-nine feet Puna of the Veterans Cemetery Access Road and extending one hundred ninety-six feet in the Puna direction from 7:15 a.m. to 8:00 a.m. and from 2:30 p.m. to 3:30 p.m. on school days. - extending two hundred ninety feet in the Puna direction from 7:15 a.m. to 8:00 a.m. and from 1:00 p.m. to 3:00 p.m. on school days. - Mauka side, from a point three hundred twenty feet Puna of the Puna direction from 7:00 a.m. to 3:00 p.m. on school days. Keawe Street at: - Haili Street. - - Mamo Street. Keawe Street, west side, from a point one hundred eighty feet north of from 6:00 a.m. to 6:00 p.m. - Barenaba Lane. - The Puna entrance to the Hilo Shopping Center. - Hoku Street. - - Kamana Street. - - Ponahawai Street. -one feet south of Kawailani Street and extending eighty-seven feet in the southerly direction from 7:00 a.m. to 7:30 a.m. and from 1:00 p.m. to 2:30 p.m. on school days. 24A-75 § 24-287 H AWAI‘I C OUNTY C ODE (c) South Hilo (Continued) boundary, to a point three hundred thirty- direction from 7:15 a.m. to 8:00 a.m., and 1:00 p.m. to 3:00 p.m. on school days. Lehua Street, Puna side, beginning at a point four hundred sixty-five feet makai of Wainaku Street and extending forty feet toward Pu‘u‘eo Street from 7:00 a.m. to 5:30 p.m. except Saturdays, Sundays, and holidays. Mohouli Street at: - beginning at a point one hundred fifty- Avenue and extending in the mauka direction for a distance of one hundred seventy feet, from 7:00 a.m. to 8:00 a.m. and 1:15 p.m. to 3:00 p.m. on school days. Ululani Street at: - The entrance to the Ululani Nursery and Hilo Commercial College. - Hilo High School beginning at its exit and extending for seventy-five feet in the westerly direction from 1:30 p.m. to 3:00 p.m. on school days only. - Hilo Intermediate School from Laimana Street to the makai exit driveway of the school from 1:30 p.m. to 3:00 p.m. on school days only. - Kamehameha Avenue. - Keawe Street. - Kekaulike Street. - Kino‘ole Street. - Ululani Street. mauka of Ka‘iulani Street and extending two hundred twenty-five feet in the mauka direction from 1:00 p.m. to 2:30 p.m. on school days. The Puna- High School between 7:00 a.m. and 8:00 a.m. on school days. The Puna- at Hilo High School between the passenger shed fronting the Hilo High School cafeteria and the passenger shed near the exit of the unloading area from 2:00 p.m. to 3:00 p.m. hundred fourteen feet makai of Laimana Street and extending one hundred five feet in the makai direction from 7:15 a.m. to 8:00 a.m. and 1:00 p.m. to 2:30 p.m. on school days. 24A-76 V EHICLES AND T RAFFIC§ 24-287 (e) Kohala Lindsey Road, east side, from a point fifty feet north of Route 19 and extending one hundred twelve feet north from 7:15 a.m. to 8:00 a.m. and 2:00 p.m. to 3:30 p.m. on school days. (f) Kona Ali‘i Drive, north (mauka) side, from a point two hundred thirty-two feet west of Likana Lane and extending forty-six feet in the westerly direction, 7:00 a.m. to 3:00 p.m. each day. Ka‘ahumanu Place, north side, first marked diagonal stall, one hundred twenty-two feet west of Ali‘i Drive, from 6:00 a.m. to 6:00 p.m. Ka‘ahumanu Place, south side, one hundred twenty feet west of Ali‘i Drive and extending fifty six feet in the easterly direction, from 6:00 a.m. to 6:00 p.m. everyday. (g) Puna gymnasium extending for forty feet. 1996, ord 96-163, sec 2; am 1996, ord 96-155, sec 2; am 1997, ord 97-70, sec 2; am 1999, ord 99-98, sec 3; ord 99-134, sec 6; am 2000, ord 00-12, sec 3; ord 00-130, sec 3; am 2001, ord 01-9, sec 2; ord 01-30, sec 1; am 2003, ord 03-41, sec 1; ord 03-138, sec 3; am 2004, ord 04-46, sec 1; ord 04-101, sec 1; am 2005, ord 05-59, sec 1; am 2008, ord 08-109, sec 1; am 2012, ord 12-51, sec 2; ord 12-88, sec 2; ord 12-96, sec 2; ord 12-157, sec 2; am 2015, ord 15-5, sec 2.)24-287 Section 24-288. Schedule 36. Freight loading zones. When signs are erected giving notice thereof, stopping, standing, or parking a vehicle in a freight and loading zone except for unloading or loading of materials is prohibited on the following streets and portions of streets: (b) North Hilo (c) South Hilo Banyan Drive, beginning at a point one hundred eighty-two feet west of the Hilo Hawaiian Hotel entry driveway and extending forty-four feet in the westerly direction. 24A-77 § 24-288 H AWAI‘I C OUNTY C ODE (c) South Hilo(Continued) Banyan Drive, east (makai) side, from a point four hundred twenty-six feet north of Banyan Way and extending seventy-one feet in the northerly direction. Banyan Drive, northwest (makai) side, from a point three hundred thirty-four feet northeast of the northern intersection of Lihiwai Street and extending forty-four feet in the northeasterly direction. Hanama Place, at its terminus. The fifty-five foot section on the makai side fronting the Kailua Trade Center. Cafeteria. -two feet mauka of the Kamehameha Avenue parking lot and extending twenty feet in the mauka direction. Kamehameha Avenue, mauka side, from a point one hundred fifty feet direction. Keawe Street, makai side, Puna of Haili Street, twenty-five feet. Keawe Street, makai side, Pu‘u‘eo of Mamo Street, twenty-five feet. Keawe Street, southwest (mauka) side, from a point ninety-one feet -two feet in the northwesterly direction. Barenaba Street and extending thirty feet in the southeasterly direction. - -four feet in the Puna direction. Mamo Street and extending in the Puna direction for a distance of thirty feet. seventy feet Puna side of Mamo Street and extending forty-four feet in the Puna direction. -four feet northwest of Ponahawai Street and extending forty feet in the northwesterly direction. Kino‘ole Street, beginning 148.39 feet Puna of Haili Street, fifty feet. Kino‘ole Street, mauka side, beginning from a point one hundred twenty--two feet 24A-78 V EHICLES AND T RAFFIC§ 24-288 (c) South Hilo(Continued) Kino‘ole Street, northeast side, beginning from a point two hundred thirty-five feet southeast of Haili Street and extending forty-six feet in the southeasterly direction from 5:00 a.m. to 3:00 p.m., Monday through Friday. Kino‘ole Street, southwest (mauka) side, from a point two hundred ninety-seven feet southeast of Ponahawai Street and extending fifty-two feet in the southeasterly direction. Avenue, forty-five feet. Kamehameha Avenue and extending sixty-two feet in the mauka direction. Ponahawai Street, northwest side, from a point nineteen feet southwest of Punahoa Street, and extending thirty-two feet in the southwesterly direction. Punahoa Street, makai side, beginning from a point one hundred forty- McDonald's Restaurant and extending in the Puna direction for a distance of thirty feet. seventy-one feet makai of Keawe Street and extending forty feet toward Kamehameha Avenue. Wainaku Street, mauka side, from a point forty-two feet south of ‘Amauulu Street and extending forty-four feet in the southerly direction. (e) Kohala (f) Kona Ali‘i Drive, east (mauka) side, from a point three hundred fifty-eight feet north of Sarona Road and extending thirty-four feet in the northerly direction, 7:00 a.m. to 3:00 p.m. each day. Ali‘i Drive, north (mauka) side, from a point five-hundred thirty-three feet west of Likana Lane and extending forty-five feet in the westerly direction, 7:00 a.m. to 3:00 p.m. each day. 24A-79 § 24-288 H AWAI‘I C OUNTY C ODE (f) Kona(Continued) Ali‘i Drive, north (mauka) side, from a point two-hundred seventy-eight feet west of Likana Lane and extending sixty feet in the westerly direction, 7:00 a.m. to 3:00 p.m. each day. Ali‘i Drive, southwest (makai) side, beginning from a point one hundred fifty-five feet southeast of Kakina Lane, and extending seventy-seven feet in the southeasterly direction, 7:00 a.m. to 3:00 p.m. each day. Ali‘i Drive, southwest (makai) side, from a point four hundred sixty-one feet southeast of Likana Lane and extending ninety-nine feet in the southeasterly direction, in the curb cut-out, 7:00 a.m. to 3:00 p.m. each day. Ali‘i Drive, west side, from a point three hundred-twenty feet south of 4:00 a.m. to 10:30 a.m., excluding Sundays and holidays. Belt Highway in Kainaliu, at Oshima Store. Hanama Place, at its terminus. The fifty-five foot section on the makai side fronting the Kailua Trade Center. Likana Lane, east side, from the edge of the County parking lot nearest Ali‘i Drive and extending northwesterly for forty-four feet between the hours of 8:00 a.m. and 4:00 p.m. except Sundays and public holidays. Palani Road, northeast (mauka) side, from a point forty feet northwest of Ka‘ahumanu Place and extending forty-one feet in the northwesterly direction, 7:00 a.m. to 3:00 p.m. each day. Sarona Road, south side, beginning from a point one hundred eighty- two feet east of Ali‘i Drive and extending one hundred feet in the easterly direction. (g) Puna Kauhale Street, west side, beginning at a point three hundred ninety feet south of Highway 130 and extending forty-four feet in the southerly direction. -tenths of a mile Hilo side of the Kapoho-Kalapana junction and extending twenty-six feet in the Hilo direction. 1996, ord 96-163, sec 2; am 1997, ord 97-18, sec 1; ord 97-72, sec 1; ord 97-109, sec 3; am 1998, ord 98-73, sec 3; ord 98-134, secs 1 and 2; am 1999, ord 99-75, sec 1; ord 99- 82, sec 1; ord 99-92, sec 3; am 2000, ord 00-37, sec 1; ord 00-129, sec 2; am 2001, ord 01-08, sec 2; ord 01-67, sec 1; am 2004, ord 04-44, sec 1; am 2005, ord 05-59, sec 2; am 2008, ord 08-8, sec 1; ord 08-173, sec 1; am 2011, ord 11-30, sec 1; ord 11-80, sec 2; am 2012, ord 12-9, sec 2; ord 12-97, sec 3; ord 12-98, sec 2; ord 12-101, sec 2; ord 12-148, sec 2; am 2014, ord 14-16, sec 2; ord 14-30, sec 2; ord 14-51, secs 2 and 3; ord 14-100, sec 2; ord 14-105, sec 2; am 2015, ord 15-6, sec 2; ord 15-7, sec 2; am 2016, ord 16-74, sec 2.)24-288 24A-80 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 (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. 24A-81 § 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.)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 24A-82 V EHICLES AND T RAFFIC§ 24-290 Section 24-290. Schedule 38. 1 hour parking meter zones. One hour 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 rate of ten cents per hour: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec 2; am, 2000, ord 00-89, sec 2; am 2002, ord 02-57, sec 6.)24- 290 Section 24-291. Schedule 39. 2 hour parking meter zones. Two hour 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 rate of ten cents per hour: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona 24A-83 § 24-291 H AWAI‘I C OUNTY C ODE (g) Puna (1996, ord 96-163, sec 2; am 1996, ord 96-155, sec 3; am 1997, ord 97-28, sec 4; am 1998, ord 98-40, sec 1; am 2000, ord 00-89, sec 4; am 2002, ord 02-57, sec 7.)24-291 Section 24-291.1. Schedule 39.1. 2 hour parking meter zones. Two hour 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 five cents for fifteen minutes; ten cents for thirty minutes; and twenty-five cents for seventy-five minutes: (b) North Hilo (c) South Hilo The County Building parking lot at the corner of Aupuni Street and Pauahi Street, during the regular working hours of the County. (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec 2; am 2014, ord 14-18, sec 2.)24-291.1 Section 24-292. Schedule 40. 8 hour parking meter zones. The following areas are designated as maximum eight hour parking at the rate of five cents per hour: (b) North Hilo 24A-84 V EHICLES AND T RAFFIC§ 24-292 (c) South Hilo (e) Kohala (f) Kona (g) Puna The following areas are designated as maximum eight hour parking at the rate of twenty-five cents per two-hours: (b) North Hilo (c) South Hilo Aupuni Center parking lot, specifically marked single row of stalls the hours of 7:00 a.m. to 5:00 p.m. or as otherwise specified per facility. (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec2; am2000, ord00-89, sec6; am2002, ord02-57, sec 8; am 2003, ord 03-4, sec 1.)24-292 24A-85 § 24-293 H AWAI‘I C OUNTY C ODE Division 8. Restrictions on Certain Vehicles. Section 24-293. Schedule 41. Use of certain streets by certain vehicles restricted. The following classes of vehicles are precluded from the use of the designated streets when appropriate signs giving notice thereof are erected: only: (1)Any vehicle with a gross vehicle weight rating (GVWR) of more than ten thousand pounds shall not travel in the makai-bound direction. (2) This restriction shall be lifted during emergencies as may be declared by the office of civil defense. Waipi‘o Valley Access Road. (1) Restricted to four-wheel drive vehicles only. (2) Any vehicle with a gross vehicle weight rating (GVWR) of more than ten thousand pounds shall not travel on this road. This restriction shall not be applicable to utility, emergency or delivery vehicles providing services to business establishments and residents in Waipi‘o Valley. (3) Vehicle shall be engaged in four-wheel drive mode. (4) Makai-bound vehicle shall yield to mauka-bound vehicle. (5) These restrictions may be lifted during emergency situations as deemed necessary by the Civil Defense Agency. (b) North Hilo (c) South Hilo (e) Kohala 24A-86 V EHICLES AND T RAFFIC§ 24-293 (f) Kona (1)Vehicles having a gross vehicle weight rating of three or more tons shall not be permitted to use the hereinafter designated streets. These provisions shall not be applicable to local area origin/destination traffic and vehicles providing services to residents of the hereinafter designated streets. Further, these restrictions shall be lifted during the period of any emergency declared by the civil defense agency. Haleki‘i Street in the South Kona District. Kupuna Street in the North Kona District. Lako Street in the North Kona District. Manawa Street in the South Kona District. Nape Street in the South Kona District. (2)Bicycles, mopeds, and motor scooters shall not be permitted to use the hereinafter designated streets: (g) Puna (1996, ord 96-163, sec 2; am 2001, ord 01-70, secs 1 and 2; am 2006, ord 06-164, sec 2; am 2010, ord 10-83, sec 1; am 2013, ord 13-70, secs 2 and 3; am 2022, ord 22-105, sec 2.)24-293 Division 9. Bicycles. Section 24-294. Schedule 42. Bicycle lanes. The following areas are bicycle lanes: (b) North Hilo (c) South Hilo Avenue. SUPP. 13 (1-2023) 24A-87 § 24-294 H AWAI‘I C OUNTY C ODE (e) Kohala (f) Kona Kuakini Highway, mauka side, between Palani Road and the Old Kona Airport. Manawale‘a Street, both sides. (g) Puna (1996, ord 96-163, sec 2; am2008, ord08-94, sec 1; am2009, ord09-23, sec 1.)24-294 Section 24-295. Schedule 43. Bicycle routes. The following areas are bicycle routes: (b) North Hilo (c) South Hilo Kalaniana‘ole Street, Kamehameha Avenue to Lokoaka Street. Street. Community College. (e) Kohala (f) Kona (g) Puna (1996, ord 96-163, sec 2; am 1997, ord 97-130, sec 1.)24-295 Division 10. Tow or Tow-Away Zones. Section 24-296. Schedule 44. Reserved.* * Editor's Note: Since this schedule duplicated schedule 29, the streets listed under this schedule were moved to schedule 29.24-296 24A-88 V EHICLES AND T RAFFIC§ 24-297 Article 11. Schedules -- Private Streets. Division 1. Speed Limits. Section 24-297. Schedule 1. 10 mile per hour limit. A speed limit of ten miles per hour is established as set forth in this schedule upon the private streets or portions of private streets as follows: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona (g) Puna (1999, ord 99-65, sec 14.)24-297 Section 24-298. Schedule 2. 15 mile per hour limit. A speed limit of fifteen miles per hour is established as set forth in this schedule upon the private streets or portions of private streets as follows: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona 24A-89 § 24-298 H AWAI‘I C OUNTY C ODE (g) Puna Ainaloa Subdivision All streets, unless otherwise indicated. . All unpaved roads and unpaved sections of roads. . All unpaved roads. All streets, unless otherwise indicated. . All unpaved roads and unpaved sections of roads. (1999, ord 99-65, sec 14; am 2001, ord 01-62, sec 5; am 2013, ord 13-81, sec 2; am 2014, ord 14-66, sec 2; am 2016, ord 16-63, sec 2.)24-298 Section 24-299. Schedule 3. 20 mile per hour limit. A speed limit of twenty miles per hour is established as set forth in this schedule upon the private streets or portions of private streets as follows: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona (g) Puna (1999, ord 99-65, sec 14; am 2014, ord 14-65, sec 2.)24-299 24A-90 V EHICLES AND T RAFFIC§ 24-300 Section 24-300. Schedule 4. 25 mile per hour limit. A speed limit of twenty-five miles per hour is established as set forth in this schedule upon the private streets or portions of private streets as follows: (b) North Hilo (c) South Hilo All streets. (e) Kohala (f) Kona (g) Puna Ainaloa Subdivision. Ainaloa Drive, from Ainaloa Way to Stardust Drive. Hibiscus Street. Lehua Street. Plumeria Street. All paved roads and paved sections of roads. , all paved roads except for: Kaloli Drive Maku‘u Drive Paradise Drive Shower Drive All streets. 24A-91 § 24-300 H AWAI‘I C OUNTY C ODE (g) Puna(Continued) Flower Road. Forest Road. Kapuna Road. Mauna Ke‘a Road. Seaview Road. All paved roads and paved sections of roads. (1999, ord 99-65, sec14; am1999, ord99-136, sec1; am2001, ord01-62, sec 6; am 2013, ord 13-82, sec 2; am 2014, ord 14-66, sec 3; ord 14-88, sec 2; am 2016, ord 16-63, sec 3.)24-300 Section 24-301. Schedule 5. 30 mile per hour limit. A speed limit of thirty miles per hour is established as set forth in this schedule upon the private streets or portions of private streets as follows: (b) North Hilo (c) South Hilo (e) Kohala (f) Kona (g) Puna (1999, ord 99-65, sec 14.)24-301 Section 24-302. Schedule 6. 35 mile per hour limit. A speed limit of thirty-five miles per hour is established as set forth in this schedule upon the private streets or portions of private streets as follows: 24A-92 V EHICLES AND T RAFFIC§ 24-302 (b) North Hilo (c) South Hilo (e) Kohala (f) Kona (g) Puna Hawaiian Paradise Park Subdivision. Kaloli Drive. Maku‘u Drive. Paradise Drive. Shower Drive. (1999, ord 99-65, sec 14; am 2013, ord 13-90, sec 2.)24-302 Section 24-303. Schedule 7. Reserved. (1999, ord 99-65, sec 14.)24-303 Section 24-304. Schedule 8. Reserved. (1999, ord 99-65, sec 14.)24-304 Section 24-305. Schedule 9. Reserved. (1999, ord 99-65, sec 14.)24-305 Section 24-306. Schedule 10. Reserved. (1999, ord 99-65, sec 14.)24-306 Division 2. Moving Vehicles. Section 24-307. Schedule 11. Stop intersections. When properly posted, drivers of vehicles shall stop at the following intersection: 24A-93 § 24-307 H AWAI‘I C OUNTY C ODE (b) North Hilo (c) South Hilo Entering Aloha Boulevard from Bamboo Lane. Entering Aloha Boulevard from Catamaran Lane. Entering Aloha Boulevard from Ginger Blossom Lane. Entering Aloha Boulevard from Hawai‘i Boulevard (4 way stop). Entering Aloha Boulevard from Hula Lane. Entering Aloha Boulevard from ‘Iolani Lane. Entering Aloha Boulevard from ‘Iwalani Parkway. Entering Aloha Boulevard from King Kamehameha Boulevard (4 way stop). Entering Aloha Boulevard from Koa Lane. Entering Aloha Boulevard from Lehua Lane. Entering Aloha Boulevard from Leilani Parkway. Entering Aloha Boulevard from Lotus Blossom Lane. Entering Aloha Boulevard from Marlin Boulevard (4 way stop). Entering Aloha Boulevard from Orchid Parkway. Entering Aloha Boulevard from Paradise Parkway. Entering Aloha Boulevard from Pineapple Parkway. Entering Aloha Boulevard from Plumeria Lane. Entering Aloha Boulevard from Reef Parkway. Entering Aloha Boulevard from Tiki Lane. Entering Aloha Boulevard from Tradewind Boulevard (4 way stop). Entering Aloha Boulevard from Tree Fern Lane. Entering Bamboo Lane from Coconut Drive. Entering Bamboo Lane from Coral Parkway. Entering Bamboo Lane from Ocean View Parkway. Entering Bamboo Lane from Outrigger Drive. Entering Bamboo Lane from Sea Breeze Parkway. Entering Bamboo Lane from Seaview Drive. Entering Bamboo Lane from Walaka Drive. Entering Catamaran Lane from Donola Drive. Entering Catamaran Lane from Hukilau Drive. Entering Catamaran Lane from Keaka Parkway. 24A-94 V EHICLES AND T RAFFIC§ 24-307 (Continued) (Continued) Entering Catamaran Lane from Kona Drive. Entering Catamaran Lane from Lei Parkway. Entering Catamaran Lane from Luau Drive. Entering Catamaran Lane from Mahimahi Drive. Entering Catamaran Lane from Palm Parkway. Entering Coconut Drive from Catamaran Lane. Entering Coconut Drive from Koa Lane. Entering Coconut Drive from Lotus Blossom Lane. Entering Coconut Drive from Lurline Lane. Entering Coconut Drive from Orchid Parkway. Entering Coconut Drive from Pineapple Parkway. Entering Coconut Drive from Reef Parkway. Entering Coconut Drive from Tree Fern Lane. Entering Coral Parkway from Catamaran Lane. Entering Coral Parkway from Lotus Blossom Lane. Entering Coral Parkway from Orchid Parkway. Entering Coral Parkway from Plumeria Lane. Entering Ginger Blossom Lane from Coconut Drive. Entering Ginger Blossom Lane from Coral Parkway. Entering Ginger Blossom Lane from Sea Breeze Parkway. Entering Hawai‘i Boulevard from Aloha Boulevard (4 way stop). Entering Hawai‘i Boulevard from Coconut Drive. Entering Hawai‘i Boulevard from Coral Parkway. Entering Hawai‘i Boulevard from Hukilau Drive. Entering Hawai‘i Boulevard from Kona Drive. Entering Hawai‘i Boulevard from Luau Drive. Entering Hawai‘i Boulevard from Ocean View Parkway. Entering Hawai‘i Boulevard from Princess Ka‘iulani Boulevard. Entering Hawai‘i Boulevard from Sea Breeze Parkway. Entering Hukilau Drive from Bamboo Lane. Entering Hukilau Drive from Ginger Blossom Lane. Entering Hukilau Drive from ‘Iwalani Parkway. Entering Hukilau Drive from Lehua Lane. Entering Hukilau Drive from Liliana Lane. Entering Hukilau Drive from Lurline Lane. Entering Hukilau Drive from Paradise Parkway. Entering Hukilau Drive from Plumeria Lane. Entering Hukilau Drive from Tiki Lane. 24A-95 § 24-307 H AWAI‘I C OUNTY C ODE (Continued) (Continued) Entering ‘Iolani Lane from Coconut Drive. Entering ‘Iolani Lane from Sea Breeze Parkway. Entering Island Boulevard from Bamboo Lane. Entering Island Boulevard from Catamaran Lane. Entering Island Boulevard from ‘Iwalani Parkway. Entering Island Boulevard from Koa Lane. Entering Island Boulevard from Pineapple Parkway. Entering Island Boulevard from Plumeria Lane. Entering Island Boulevard from Reef Parkway. Entering Island Boulevard from Tiki Lane. Entering Island Boulevard from Tradewind Boulevard (4 way stop). Entering ‘Iwalani Circle Makai from ‘Iwalani Parkway. Entering ‘Iwalani Circle Makai from Palm Parkway. Entering ‘Iwalani Circle Mauka from ‘Iwalani Parkway. Entering ‘Iwalani Circle Mauka from Palm Parkway. Entering ‘Iwalani Parkway from Coconut Drive. Entering ‘Iwalani Parkway from Mahimahi Drive. Entering ‘Iwalani Parkway from Ocean View Parkway. Entering ‘Iwalani Parkway from Outrigger Drive. Entering Kailua Boulevard from Bamboo Lane. Entering Kailua Boulevard from Catamaran Lane. Entering Kailua Boulevard from ‘Iwalani Parkway. Entering Kailua Boulevard from King Kamehameha Boulevard (4 waystop). Entering Kailua Boulevard from Koa Lane. Entering Kailua Boulevard from Lehua Lane. Entering Kailua Boulevard from Liliana Lane. Entering Kailua Boulevard from Lurline Lane. Entering Kailua Boulevard from Marlin Boulevard (4 way stop). Entering Kailua Boulevard from Orchid Parkway. Entering Kailua Boulevard from Paradise Parkway. Entering Kailua Boulevard from Pikake Lane. Entering Kailua Boulevard from Pineapple Parkway. Entering Kailua Boulevard from Plumeria Lane. Entering Kailua Boulevard from Reef Parkway. Entering Kailua Boulevard from Tiki Lane. Entering Kailua Boulevard from Tradewind Boulevard (4 way stop). Entering Keaka Parkway from Bamboo Lane. 24A-96 V EHICLES AND T RAFFIC§ 24-307 (Continued) (Continued) Entering Keaka Parkway from Orchid Parkway. Entering King Kamehameha Boulevard from Aloha Boulevard (4 waystop). Entering King Kamehameha Boulevard from Coconut Drive. Entering King Kamehameha Boulevard from Coral Parkway. Entering King Kamehameha Boulevard from Donola Drive. Entering King Kamehameha Boulevard from Hukilau Drive. Entering King Kamehameha Boulevard from Kailua Boulevard (4 waystop). Entering King Kamehameha Boulevard from Keaka Parkway. Entering King Kamehameha Boulevard from Kona Drive. Entering King Kamehameha Boulevard from Lei Parkway. Entering King Kamehameha Boulevard from Luau Drive. Entering King Kamehameha Boulevard from Mahimahi Drive. Entering King Kamehameha Boulevard from Moana Drive. Entering King Kamehameha Boulevard from Ocean View Parkway. Entering King Kamehameha Boulevard from Outrigger Lane. Entering King Kamehameha Boulevard from Palm Parkway. Entering King Kamehameha Boulevard from Princess Ka‘iulani Boulevard (4 way stop). Entering King Kamehameha Boulevard from Sea Breeze Parkway. Entering King Kamehameha Boulevard from Walaka Drive. Entering Koa Lane from Coral Parkway. Entering Koa Lane from Hukilau Drive. Entering Koa Lane from Lei Parkway. Entering Koa Lane from Mahimahi Drive. Entering Koa Lane from Palm Parkway. Entering Koa Lane from Poinciana Drive. Entering Koa Lane from Sea Breeze Parkway. Entering Kona Drive from Bamboo Lane. Entering Kona Drive from Ginger Blossom Lane. Entering Kona Drive from Koa Lane. Entering Kona Drive from Leilani Parkway. Entering Kona Drive from Paradise Parkway. Entering Kona Drive from Pineapple Parkway. Entering Kona Drive from Tiki Lane. Entering Lehua Lane from Coconut Drive. 24A-97 § 24-307 H AWAI‘I C OUNTY C ODE (Continued) (Continued) Entering Lehua Lane from Coral Drive. Entering Lehua Lane from Keaka Parkway. Entering Lehua Lane from Kona Drive. Entering Lehua Lane from Luau Drive. Entering Lehua Lane from Ocean View Parkway. Entering Lehua Lane from Sea Breeze Parkway. Entering Lei Parkway from Bamboo Lane. Entering Lei Parkway from Lurline Lane. Entering Lei Parkway from Plumeria Lane. Entering Lei Parkway from Tiki Lane. Entering Leilani Circle Makai from Leilani Parkway. Entering Leilani Circle Makai from Sea Breeze Parkway. Entering Leilani Circle Mauka from Leilani Parkway. Entering Leilani Circle Mauka from Sea Breeze Parkway. Entering Leilani Parkway from Coconut Drive. Entering Leilani Parkway from Coral Parkway. Entering Leilani Parkway from Ocean View Drive. Entering Liliana Lane from Palm Parkway. Entering Lotus Blossom Circle Makai from Lotus Blossom Lane. Entering Lotus Blossom Circle Makai from Luau Drive. Entering Lotus Blossom Circle Mauka from Lotus Blossom Lane. Entering Lotus Blossom Circle Mauka from Luau Drive. Entering Lotus Blossom Lane from Hukilau Drive. Entering Lotus Blossom Lane from Keaka Parkway. Entering Lotus Blossom Lane from Kona Drive. Entering Lotus Blossom Lane from Palm Parkway. Entering Luau Drive from Orchid Parkway. Entering Luau Drive from Paradise Parkway. Entering Luau Drive from Tiki Lane. Entering Luau Lane from Bamboo Lane. Entering Luau Lane from Koa Lane. Entering Lurline Lane from Mahimahi Drive. Entering Lurline Lane from Ocean View Parkway. Entering Mahimahi Drive from Bamboo Lane. Entering Mahimahi Drive from Liliana Lane. Entering Mahimahi Drive from Paradise Parkway. Entering Mahimahi Drive from Pikake Lane. Entering Mahimahi Drive from Pineapple Parkway. 24A-98 V EHICLES AND T RAFFIC§ 24-307 (Continued) (Continued) Entering Mahimahi Drive from Tiki Lane. Entering Marlin Boulevard from Aloha Boulevard (4 way stop). Entering Marlin Boulevard from Coconut Drive. Entering Marlin Boulevard from Hukilau Drive. Entering Marlin Boulevard from Kailua Boulevard (4 way stop). Entering Marlin Boulevard from Lei Parkway. Entering Marlin Boulevard from Mahimahi Drive. Entering Marlin Boulevard from Ocean View Parkway. Entering Marlin Boulevard from Outrigger Drive. Entering Marlin Boulevard from Palm Parkway. Entering Moana Drive from Tiki Drive. Entering Ocean View Parkway from Catamaran Lane. Entering Ocean View Parkway from Koa Lane. Entering Ocean View Parkway from Liliana Lane. Entering Ocean View Parkway from Lotus Blossom Lane. Entering Ocean View Parkway from Pineapple Parkway. Entering Ocean View Parkway from Reef Parkway. Entering Orchid Circle Makai from Ocean View Parkway. Entering Orchid Circle Makai from Orchid Parkway. Entering Orchid Circle Mauka from Ocean View Parkway. Entering Orchid Circle Mauka from Orchid Parkway. Entering Orchid Parkway from Hukilau Drive. Entering Orchid Parkway from Kona Drive. Entering Orchid Parkway from Mahimahi Drive. Entering Orchid Parkway from Palm Parkway. Entering Orchid Parkway from Walaka Drive. Entering Outrigger Drive from Catamaran Lane. Entering Outrigger Drive from Koa Lane. Entering Outrigger Drive from Lurline Lane. Entering Outrigger Drive from Pineapple Parkway. Entering Palm Parkway from Bamboo Lane. 24A-99 § 24-307 H AWAI‘I C OUNTY C ODE (Continued) (Continued) Entering Palm Parkway from Lehua Lane. Entering Palm Parkway from Lurline Lane. Entering Palm Parkway from Paradise Parkway. Entering Palm Parkway from Plumeria Lane. Entering Palm Parkway from Tiki Lane. Entering Paradise Circle Makai from Keaka Parkway. Entering Paradise Circle Makai from Paradise Parkway. Entering Paradise Circle Mauka from Keaka Parkway. Entering Paradise Circle Mauka from Paradise Parkway. Entering Paradise Parkway from Coconut Drive. Entering Paradise Parkway from Coral Parkway. Entering Paradise Parkway from Donola Drive. Entering Paradise Parkway from Ocean View Parkway. Entering Paradise Parkway from Sea Breeze Parkway. Entering Paradise Parkway from Walaka Drive. Entering Pikake Lane from Palm Parkway. Entering Pineapple Circle Makai from Lei Parkway. Entering Pineapple Circle Makai from Pineapple Parkway. Entering Pineapple Circle Mauka from Lei Parkway. Entering Pineapple Circle Mauka from Pineapple Parkway. Entering Pineapple Parkway from Hukilau Drive. Entering Pineapple Parkway from Palm Parkway. Entering Pineapple Parkway from Sea Breeze Parkway. Entering Plumeria Lane from Coconut Drive. Entering Plumeria Lane from Kona Drive. Entering Plumeria Lane from Mahimahi Drive. Entering Plumeria Lane from Ocean View Parkway. Entering Plumeria Lane from Outrigger Drive. Entering Poinciana Drive from Catamaran Lane. Entering Princess Ka‘iulani Boulevard from Bamboo Lane. Entering Princess Ka‘iulani Boulevard from Catamaran Lane. Entering Princess Ka‘iulani Boulevard from King Kamehameha Boulevard (4 way stop). Entering Princess Ka‘iulani Boulevard from Lehua Lane. Entering Princess Ka‘iulani Boulevard from Lotus Blossom Lane. Entering Princess Ka‘iulani Boulevard from Orchid Parkway. Entering Princess Ka‘iulani Boulevard from Paradise Parkway. Entering Princess Ka‘iulani Boulevard from Reef Parkway. 24A-100 V EHICLES AND T RAFFIC§ 24-307 (Continued) (Continued) Entering Princess Ka‘iulani Boulevard from Tiki Lane. Entering Princess Ka‘iulani Boulevard from Tradewind Boulevard (4 way stop). Entering Reef Circle (1) Makai from Coral Parkway. Entering Reef Circle (1) Makai from Reef Parkway. Entering Reef Circle (1) Mauka from Coral Parkway. Entering Reef Circle (1) Mauka from Reef Parkway. Entering Reef Circle (2) Makai from Palm Parkway. Entering Reef Circle (2) Makai from Reef Parkway. Entering Reef Circle (2) Mauka from Palm Parkway. Entering Reef Circle (2) Mauka from Reef Parkway. Entering Reef Circle (3) Makai from Outrigger Drive. Entering Reef Circle (3) Makai from Reef Parkway. Entering Reef Circle (3) Mauka from Outrigger Drive. Entering Reef Circle (3) Mauka from Reef Parkway. Entering Reef Parkway from Ala‘oli Drive. Entering Reef Parkway from Hukilau Drive. Entering Reef Parkway from Keaka Parkway. Entering Reef Parkway from Kona Drive. Entering Reef Parkway from Lei Parkway. Entering Reef Parkway from Luau Drive. Entering Reef Parkway from Mahimahi Drive. Entering Reef Parkway from Poinciana Drive. Entering Route 11 from Coral Parkway. Entering Route 11 from Donola Drive. Entering Route 11 from ‘Iolani Lane. Entering Route 11 from Keaka Parkway. Entering Route 11 from Kona Drive. Entering Route 11 from Lehua Lane. Entering Route 11 from Leilani Parkway. Entering Route 11 from Orchid Parkway. Entering Sea Breeze Parkway from Catamaran Lane. Entering Sea Breeze Parkway from ‘Iwalani Parkway. Entering Sea Breeze Parkway from Lotus Blossom Lane. Entering Sea Breeze Parkway from Orchid Parkway. Entering Sea Breeze Parkway from Plumeria Lane. Entering Sea Breeze Parkway from Reef Parkway. Entering Seaview Drive from Catamaran Lane. Entering Seaview Drive from ‘Iwalani Parkway. Entering Seaview Drive from Koa Lane. 24A-101 § 24-307 H AWAI‘I C OUNTY C ODE (Continued) (Continued) Entering Seaview Drive from Pineapple Parkway. Entering Seaview Drive from Plumeria Lane. Entering Seaview Drive from Reef Parkway. Entering Tiki Lane from Coconut Drive. Entering Tiki Lane from Coral Parkway. Entering Tiki Lane from Donola Drive. Entering Tiki Lane from Keaka Parkway. Entering Tiki Lane from Ocean View Parkway. Entering Tiki Lane from Outrigger Drive. Entering Tiki Lane from Sea Breeze Parkway. Entering Tradewind Boulevard from Aloha Boulevard (4 way stop). Entering Tradewind Boulevard from Coconut Drive. Entering Tradewind Boulevard from Coral Parkway. Entering Tradewind Boulevard from Hukilau Drive. Entering Tradewind Boulevard from Island Boulevard (4 way stop). Entering Tradewind Boulevard from Kailua Boulevard (4 way stop). Entering Tradewind Boulevard from Kona Drive. Entering Tradewind Boulevard from Lei Parkway. Entering Tradewind Boulevard from Luau Drive. Entering Tradewind Boulevard from Mahimahi Drive. Entering Tradewind Boulevard from Ocean View Parkway. Entering Tradewind Boulevard from Outrigger Drive. Entering Tradewind Boulevard from Palm Parkway. Entering Tradewind Boulevard from Poinciana Drive. Entering Tradewind Boulevard from Princess Ka‘iulani Boulevard (4 way stop). Entering Tradewind Boulevard from Sea Breeze Parkway. Entering Tradewind Boulevard from Sea View Drive. Entering Tree Fern Lane from Coconut Drive. Entering Tree Fern Lane from Kona Drive. Entering Walaka Drive from Catamaran Lane. (e) Kohala (f) Kona 24A-102 V EHICLES AND T RAFFIC§ 24-307 (g) Puna Ainaloa Subdivision. Entering Ainaloa Boulevard from Ainaloa Way. Entering King Kamehameha Boulevard from Kuleana Street. Entering King Kamehameha Boulevard from Menehune Way. Lanihuli Road at Third Street. Camden Circle, entering Tutu Lane. Cameo Circle, entering Leisure Lane. Center Circle, entering Leisure Lane. Colby Circle, entering Priscilla Road. Colleen Circle, entering Tutu Lane. Coral Circle, entering Tutu Lane. Cottage Circle, entering Priscilla Road. Crestview Circle, entering Priscilla Road. Hibiscus Road, entering Lehua Road. Lehua Circle, entering Lehua Road. Tutu Lane, entering Priscilla Road. (1999, ord 99-65, sec 14; am 1999, ord 99-136, sec 2; am 2001, ord 01-62, sec 7.)24-307 Section 24-308. Schedule 12. Through streets. When properly sign posted, the following private streets or portions of private streets are designated as through streets: Old Railroad Way Old Sugar Mill Road (b) North Hilo (c) South Hilo 24A-103 § 24-308 H AWAI‘I C OUNTY C ODE Aloha Boulevard, except at Route 11, Hawai‘i Boulevard, King Kamehameha Boulevard, Tradewind Boulevard and Marlin Boulevard. Hawai‘i Boulevard, except at Route 11 and Aloha Boulevard. Island Boulevard, except at Tradewind Boulevard. Kailua Boulevard, except at King Kamehameha Boulevard, Tradewind Boulevard and Marlin Boulevard. King Kamehameha Boulevard, except at Route 11, Princess Ka‘iulani Boulevard, Aloha Boulevard and Kailua Boulevard. Marlin Boulevard, except at Aloha Boulevard and Kailua Boulevard. Princess Ka‘iulani Boulevard, except at Hawai‘i Boulevard, King Kamehameha Boulevard and Tradewind Boulevard. Tradewind Boulevard, except at Princess Ka‘iulani Boulevard, Aloha Boulevard, Kailua Boulevard and Island Boulevard. (e) Kohala (f) Kona (g) Puna Ainaloa Subdivision. Ainaloa Drive. Jade Avenue, except at Highway 11. Pearl Avenue, except at Highway 11. Ruby Avenue, except at First Street. Ali‘i Road, except at its intersection with Kapuna Road. Boulevard. Mauna Ke‘a Road. Boulevard. Mauna Ke‘a Road, except at its intersections with Seaview Road, 24A-104 V EHICLES AND T RAFFIC§ 24-308 (g) Puna(Continued) (Continued) Mayzee Road, except at its intersections with Kapuna Road and Maluhia Road. (1999, ord 99-65, sec 14; am 1999, ord 99-136, sec 3; am 2001, ord 01-62, sec 8; am 2008, ord 08-40, sec 1.)24-308 Section 24-309. Schedule 13. Prohibited right turn areas. When properly sign posted, the following private streets or portions of private streets are designated as prohibited right turn areas: (b) North Hilo (c) South Hilo Ocean View water fill station road entering Lehua Lane. - Any vehicle with a gross vehicle weight rating (GVWR) of more than ten thousand pounds. (e) Kohala (f) Kona (g) Puna (1999, ord 99-65, sec 14; am 2012, ord 12-65, sec 1.)24-309 Section 24-310. Schedule 14. Truck routes. When properly sign posted, the following private streets or portions of private streets are designated as truck routes: (b) North Hilo 24A-105 § 24-310 H AWAI‘I C OUNTY C ODE (c) South Hilo Any vehicle with a gross vehicle weight rating (GVWR) of more than ten thousand pounds shall be restricted to the following street segments, until that vehicle reaches the intersection with the nearest subdivision road it can use to make a local delivery: Aloha Boulevard from Highway 11 to its intersection with Marlin Boulevard. Marlin Boulevard from its intersection with Aloha Boulevard to its intersection with Kailua Boulevard. Kailua Boulevard from its intersection with Marlin Boulevard to its intersection with King Kamehameha Boulevard. King Kamehameha Boulevard from its intersection with Kailua Boulevard to its intersection with Highway 11. (e) Kohala (f) Kona (g) Puna (1999, ord 99-65, sec 14; am 2012, ord 12-105, sec 1.)24-310 Section 24-311. Schedule 15. Reserved. (1999, ord 99-65, sec 14.)24-311 24A-106 CHAPTER 25 ZONING Article 1. General Provisions. Section 25-1-1. Title. Section 25-1-2. Scope, purposes and applicability. Section 25-1-3. Severability. Section 25-1-4. Adoption of rules. Section 25-1-5. Definitions. Article 2. Administration and Enforcement. Division 1. General Administration. Section 25-2-1. Duties of county officers. Section 25-2-2. Issuance of permits or licenses in conformance with chapter. Section 25-2-3. Review and acceptance of applications. Section 25-2-4. Notice to property owners and lessees of record of pending application. Section 25-2-5. Public hearing notices. Section 25-2-6. Waiting period after denial of application. Section 25-2-7. Utilization of approvals within two years. Section 25-2-8. Effect of changing districts on prior approvals. Section 25-2-9. Applications including lesser actions; concurrent applications. Section 25-2-10. Privileges granted run with land. Section 25-2-11. Waiver of requirements in consolidation and resubdivision. Section 25-2-12. Posting of signs for public notification. Division 2. Appeals. Section 25-2-20. Persons who may appeal; procedure. Section 25-2-21. Performance of permit conditions pending appeal. Section 25-2-22. Conduct of appeal hearing; costs. Section 25-2-23. Standard of review. Section 25-2-24. Adoption of rules. Section 25-2-25. Further appeal rights. Division 3. Violations, Penalties, Enforcement. Section 25-2-30. Violations. Section 25-2-31. Criminal prosecution. Section 25-2-32. Right of entry for authorized personnel. i Section 25-2-33. Limited liability of authorized personnel. Section 25-2-34. Injunctive action. Section 25-2-35. Administrative enforcement. Section 25-2-36. Remedies cumulative. Division 4. Amendments. Section 25-2-40. When zoning code may be amended. Section 25-2-41. Who initiates amendment. Section 25-2-42. Amendments initiated by property owners and other persons. Section 25-2-43. Amendments initiated by the council and director. Section 25-2-44. Conditions on change of zone. Section 25-2-45. Nonsignificant zoning changes. Section 25-2-46. Concurrency requirements. Division 5. Variances. Section 25-2-50. Variances permitted. Section 25-2-51. Grounds for variance. Section 25-2-52. Application for variance; requirements. Section 25-2-53. Notice of action on variance application. Section 25-2-54. Actions by director on variance. Section 25-2-55. Repealed. Section 25-2-56. Repealed. Section 25-2-57. Repealed. Section 25-2-58. Appeals. Division 6. Use Permits. Section 25-2-60. Purpose. Section 25-2-61. Applicability; use permit required. Section 25-2-62. Application for use permit; requirements. Section 25-2-63. Procedure for use permit. Section 25-2-64. Action on use permit. Section 25-2-65. Criteria for granting a use permit. Section 25-2-66. Appeal of a use permit decision. Section 25-2-67. Revocation of a use permit. Division 7. Plan Approval. Section 25-2-70. Purpose. Section 25-2-71. Applicability; plan approval required. Section 25-2-72. Application for plan approval; requirements. ii 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. 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. 13 (1-2023) iv Division 6. Nonconforming Uses and Buildings. Section 25-4-60. Nonconforming buildings; maintenance and repair. Section 25-4-61. Continuance of nonconforming uses of land and buildings. Section 25-4-62. Abandonment of nonconforming use. Section 25-4-63. Destruction of building with nonconforming use. Section 25-4-64. Maintenance of building with nonconforming use. Section 25-4-65. Expansion of nonconforming use; changes to building with nonconforming use. Section 25-4-65.1. Exceptions to nonconforming use and building provisions. Division 7. De Minimis Structure Position Discrepancy. Section 25-4-66. Procedure for recognizing a de minimis structure position discrepancy. Section 25-4-67. Review by director. Section 25-4-68. Grounds for approval or denial. Section 25-4-69. Recognition of de minimis structure position discrepancy. Section 25-4-70. Disclosure. Section 25-4-71. Appeals. Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. Section 25-5-2. Designation of RS districts. Section 25-5-3. Permitted uses. Section 25-5-4. Height limit. Section 25-5-5. Minimum building site area. Section 25-5-6. Minimum building site average width. Section 25-5-7. Minimum yards. Section 25-5-8. Other regulations. Division 2. RD, Double-Family Residential Districts. Section 25-5-20. Purpose and applicability. Section 25-5-21. Designation and density of RD districts. Section 25-5-22. Permitted uses. Section 25-5-23. Height limit. Section 25-5-24. Minimum building site area. Section 25-5-25. Minimum building site average width. Section 25-5-26. Minimum yards. Section 25-5-27. Other regulations. v Division 3. RM, Multiple-Family Residential Districts. Section 25-5-30. Purpose and applicability. Section 25-5-31. Designation and density of RM districts. Section 25-5-32. Permitted uses. Section 25-5-33. Height limit. Section 25-5-34. Minimum building site area. Section 25-5-35. Minimum building site average width. Section 25-5-36. Minimum yards. Section 25-5-37. Landscaping. Section 25-5-38. Other regulations. Division 4. RCX, Residential-Commercial Mixed Use Districts. Section 25-5-40. Purpose and applicability. Section 25-5-41. Designation and density of RCX districts. Section 25-5-42. Permitted uses. Section 25-5-43. Height limit. Section 25-5-44. Minimum building site area. Section 25-5-45. Minimum building site average width. Section 25-5-46. Minimum yards. Section 25-5-47. Landscaping. Section 25-5-48. Commercial use restrictions. Section 25-5-49. Other regulations. Division 5. RA, Residential and Agricultural Districts. Section 25-5-50. Purpose and applicability. Section 25-5-51. Designation of RA districts. Section 25-5-52. Permitted uses. Section 25-5-53. Height limit. Section 25-5-54. Minimum building site area. Section 25-5-55. Minimum building site average width. Section 25-5-56. Minimum yards. Section 25-5-57. Other regulations. Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. Section 25-5-61. Designation of FA districts. Section 25-5-62. Permitted uses. Section 25-5-63. Height limits. Section 25-5-64. Minimum building site area. Section 25-5-65. Minimum building site average width. vi Section 25-5-66. Minimum yards. Section 25-5-67. Other regulations. Division 7. A, Agricultural Districts. Section 25-5-70. Purpose and applicability. Section 25-5-71. Designation of A districts. Section 25-5-72. Permitted uses. Section 25-5-73. Height limit. Section 25-5-74. Minimum building site area. Section 25-5-75. Minimum building site average width. Section 25-5-76. Minimum yards. Section 25-5-77. Other regulations. Division 8. IA, Intensive Agricultural Districts. Section 25-5-80. Purpose and applicability. Section 25-5-81. Designation of IA districts. Section 25-5-82. Permitted uses. Section 25-5-83. Height limit. Section 25-5-84. Minimum building site area. Section 25-5-85. Minimum building site average width. Section 25-5-86. Minimum yards. Section 25-5-87. Other regulations. Division 9. V, Resort-Hotel Districts. Section 25-5-90. Purpose and applicability. Section 25-5-91. Designation and density of V districts. Section 25-5-92. Permitted uses. Section 25-5-93. Height limit. Section 25-5-94. Minimum building site area. Section 25-5-95. Minimum building site average width. Section 25-5-96. Minimum yards. Section 25-5-97. Landscaping. Section 25-5-98. Other regulations. Division 10. CN, Neighborhood Commercial Districts. Section 25-5-100. Purpose and applicability. Section 25-5-101. Designation of CN districts. Section 25-5-102. Permitted uses. Section 25-5-103. Height limit. Section 25-5-104. Minimum building site area. vii Section 25-5-105. Minimum building site average width. Section 25-5-106. Minimum yards. Section 25-5-107. Landscaping of yards. Section 25-5-108. Other regulations. Division 11. CG, General Commercial Districts. Section 25-5-110. Purpose and applicability. Section 25-5-111. Designation of CG districts. Section 25-5-112. Permitted uses. Section 25-5-113. Height limit. Section 25-5-114. Minimum building site area. Section 25-5-115. Minimum building site average width. Section 25-5-116. Minimum yards. Section 25-5-117. Landscaping of yards. Section 25-5-118. Other regulations. Division 12. CV, Village Commercial Districts. Section 25-5-120. Purpose and applicability. Section 25-5-121. Designation of CV districts. Section 25-5-122. Permitted uses. Section 25-5-123. Height limit. Section 25-5-124. Minimum building site area. Section 25-5-125. Minimum building site average width. Section 25-5-126. Minimum yards. Section 25-5-127. Landscaping of yards. Section 25-5-128. Other regulations. Division 13. MCX, Industrial-Commercial Mixed Districts. Section 25-5-130. Purpose and applicability. Section 25-5-131. Designation of MCX districts. Section 25-5-132. Permitted uses. Section 25-5-133. Height limit. Section 25-5-134. Minimum building site area. Section 25-5-135. Minimum building site average width. Section 25-5-136. Minimum yards. Section 25-5-137. Landscaping of yards. Section 25-5-138. Other regulations. viii 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. Ohana Dwellings. Section 25-6-30. General provisions, applicability. Section 25-6-31. Eligibility for ohana dwelling permit. Section 25-6-32. Prohibited areas. Section 25-6-33. Designation of the ohana dwelling unit. Section 25-6-34. Height limit. Section 25-6-35. Minimum building site area and yards. Section 25-6-36. Guest houses. Section 25-6-37. Off-street parking spaces. Section 25-6-38. Variances prohibited. Section 25-6-39. Application for ohana dwelling permit; requirements. Section 25-6-39.1. Action on ohana dwelling permit. Section 25-6-39.2. Building permit for an ohana dwelling. Section 25-6-39.3. Nontransferability of permit. Section 25-6-39.4. Pending applications. Section 25-6-39.5. Illegally constructed ohana dwellings. Section 25-6-39.6. Revocation of an ohana dwelling permit. Section 25-6-39.7. Appeals. x Division 4. Project Districts (PD). Section 25-6-40. Purpose and applicability. Section 25-6-41. Criteria for establishing a project district. Section 25-6-42. Minimum land area required. Section 25-6-43. Permitted uses. Section 25-6-44. Application for project district; requirements. Section 25-6-45. Conditions imposed on project district. Section 25-6-46. Review and approval of site plans. Section 25-6-47. Review criteria and conditions of approval. Section 25-6-48. Construction in conformity with approved site plans. Section 25-6-49. Plan approval issued by approval of site plans. Section 25-6-49.1. Amendments. Section 25-6-49.2. Appeal of director’s actions on project district site plans. Division 5. Agricultural Project Districts (APD). Section 25-6-50. Purpose and applicability. Section 25-6-51. Criteria for establishing a project district. Section 25-6-52. Minimum land area required. Section 25-6-53. Permitted uses; overall density. Section 25-6-54. Application for agricultural project district; requirements. Section 25-6-55. Conditions imposed on agricultural project district. Section 25-6-56. Review and approval of site plans. Section 25-6-57. Review criteria and conditions of approval. Section 25-6-58. Construction in conformity with approved site plans. Section 25-6-59. Plan approval issued by approval of site plans. Section 25-6-59.1. Amendments. Section 25-6-59.2. Appeal of director’s actions on agricultural project district site plans. Division 6. Scenic Corridor Program. Section 25-6-60. Purpose and applicability. Section 25-6-61. Criteria for establishing a scenic corridor. Section 25-6-62. Permitted uses. Section 25-6-63. Initiation of a scenic corridor; requirements. Section 25-6-64. Corridor advocacy groups. Section 25-6-65. Conditions and standards imposed on a scenic corridor. Section 25-6-66. Review and approval of applications. xi Article 7. Special District Regulations. Division 1. Kailua Village Design Commission. Section 25-7-1. Purpose and applicability; boundaries. Section 25-7-2. Design commission membership; appointment; term. Section 25-7-3. Rules of procedure. Section 25-7-4. Powers and duties of the Kailua Village design commission. Section 25-7-5. Amendment of district boundaries. Division 2. CDH, Downtown Hilo Commercial District. Section 25-7-20. Purpose and applicability. Section 25-7-21. Designation of CDH district. Section 25-7-22. Permitted uses. Section 25-7-23. Height limit. Section 25-7-24. Minimum building site area. Section 25-7-25. Minimum building site average width. Section 25-7-26. Minimum yards. Section 25-7-27. Other regulations. Division 3. UNV, University District. Section 25-7-30. Purpose and applicability. Section 25-7-31. Designation of UNV districts. Section 25-7-32. Permitted uses. Section 25-7-33. Height limit. Section 25-7-34. Minimum building site area. Section 25-7-35. Minimum building site average width. Section 25-7-36. Minimum yards. Section 25-7-37. Other regulations. Section 25-7-40. Purpose and applicability; boundaries. Section 25-7-41. Design guidelines; intent; adoption; applicability. Section 25-7-42. Article 8. Zoning Map, District and Urban Zone Maps.* Section 25-8-1. Maps incorporated by reference. Section 25-8-2. North and South Kona districts zone map. Section 25-8-3. North Kona zone map. Section 25-8-4. South Kona zone map. Section 25-8-5. Kailua urban zone map. xii Section 25-8-6. Kailua-Honalo urban zone map. Section 25-8-7. North and South Kohala districts zone map. Section 25-8-8. Upolu Point-Kaauhuhu homesteads zone map. Section 25-8-9. Hawi-Kapaau zone map. Section 25-8-10. Halaula-Niulii zone map. Section 25-8-11. Lalamilo-Puukapu zone map. Section 25-8-12. Kawaihae-Puako zone map. Section 25-8-13. Puako-Anaehoomalu zone map. Section 25-8-14. Waikoloa Village zone map. Section 25-8-15. Section 25-8-16. ea zone map. Section 25-8-17. Haina-Honoka‘a-Kukuihaele zone map. Section 25-8-18. Pa‘auilo-Kukaiau zone map. Section 25-8-19. North Hilo district zone map. Section 25-8-20. Section 25-8-21. - Section 25-8-22. Puna district zone map. Section 25-8-23. Volcano-Mt. View zone map. Section 25-8-24. Kurtistown zone map. Section 25-8-25. Kea‘au zone map. Section 25-8-26. Section 25-8-27. Kalapana- Section 25-8-28. Section 25-8-29. Section 25-8-30. Section 25-8-31. Section 25-8-32. - - Section 25-8-33. City of Hilo zone map. Section 25-8-34. -Onomea zone map. Section 25-8-35. Section 25-8-36. Hakalau- * Editor’s Notes: 1. On 12/21/1998, Judge Ronald Ibarra, of the State of Hawai‘i Third Circuit Court ordered that Bill 250 Draft 4 be referred back to the County Council for ratification. The Council completed the ratification process by passing Bill 250 Draft 9 (Ordinance 96-160) on second and final reading on 4/6/1999. 2. A schedule of amendments to the zoning maps can be found in an annex to the zoning code, pursuant to section 25-3-3. xiii This page intentionally left blank. 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 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. 13 (1-2023) 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. “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. SUPP. 13 (1-2023) 25-3 § 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 west side by the districts of th Hilo; on the north by the ahupua‘a of 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 “Commission” means either the windward planning commission or the leeward planning commission, or both acting as a joint commission, as provided for in the Charter. “Community building” means a public or privately-owned building for civic, social, educational, cultural, and recreational activities which is not operated primarily for financial gain. “Conforming” means in compliance with the regulations of the pertinent zoning district. “Convenience store” means a small retail establishment intended to serve the daily or frequent needs of the surrounding neighborhood population by offering for sale pre- packaged food products, household items, newspapers and magazines, and freshly prepared foods. “Council” means the County council. “County environmental report” means an informational document in a form prescribed by the director in accordance with rules adopted pursuant to chapter 91, Hawai‘i Revised Statutes. The County environmental report shall contain a description of the physical, social, historical, economic, and natural resource consequences of a proposed action, including but not limited to a discussion of alternatives to the proposed action, any environmental effects which cannot be avoided should the proposal be implemented, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, any irreversible and irretrievable commitments of natural resources which would be involved in the proposed action, and an analysis of the proposed action. The term “County environmental report” does not include a State environmental impact statement prepared in compliance with chapter 343, Hawai‘i Revised Statutes. Copies of the County environmental report shall be available to the public for inspection and written comment. Public comments on the document shall be made a part of the record of the application under consideration by the director, and made available to the council. “Crematorium” means a business that contains a crematory or a place to incinerate a decedent. It may also contain a morgue or funeral home, and may provide funeral services. “Crop production” means agricultural and horticultural uses, including, but not limited to, production of grains, field crops, vegetables, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms. “Day care center” means a facility which is licensed or approved by the State, pursuant to chapter 346, part IV or part VIII, Hawai‘i Revised Statutes, as amended, where persons who are not members of the family occupying the premises are cared for without overnight accommodations. This term includes day nurseries, preschools, and kindergartens which are not licensed by the State department of education and adult day care centers. “Data processing facility” means an establishment primarily involved in the compiling, storage and maintenance of documents, records and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments, and business or personal services. SUPP. 13 (1-2023) 25-5 § 25-1-5 H AWAI‘I C OUNTY C ODE “De minimis structure position discrepancy” means a difference between the distance from a property boundary required by the zoning code for a yard or open space and the actual distance, of not more than the following: (a) For property zoned Multiple-Family Residential (RM), Residential-Commercial Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN), General Commercial (CG), Village Commercial (CV), Industrial-Commercial Mixed (MCX), Limited Industrial (ML), General Industrial (MG), Downtown Hilo Commercial (CDH), or within a Planned Unit Development (PUD), Cluster Plan Development (CPD), or Project District (PD): 0.25 feet; (b) For property zoned Single-Family Residential (RS) or Double-Family Residential (RD): 0. 5 feet; (c) For property zoned Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A), Intensive Agricultural (IA), or Agricultural Project District (APD): 0.75 feet. “Density” means the number of dwelling units or rentable units for a particular unit of gross land area. “Direct current fast charger” means an electric vehicle charger that: (1) Utilizes direct current electricity providing at least fifty kilowatts or greater; (2) Is network-capable; (3) Meets recognized standards and protocols, including but not limited to SAE Combined Charging System, Tesla protocol, and CHAdeMO protocol; (4) Is safety certified by a nationally recognized testing laboratory; (5) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code; and (6) Contains ports to support at least two industry standard charging protocols for more equitable distribution and access to charging. “Director” means the director of the planning department. “Duplex” and “double-family dwelling” means a building containing only two dwelling units. “Dwelling” means a building or part thereof designed for or used for residential occupancy or both and containing one or more dwelling units, and includes double- family dwelling or duplex, mobile dwelling, multiple-family dwelling and single-family dwelling. “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. “Electric vehicle” means: (1) A neighborhood electric vehicle as defined in this section; (2) A vehicle, with four or more wheels, that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity; or (3) A fuel cell electric vehicle.” SUPP. 13 (1-2023) 25-6 Z ONING § 25-1-5 “Electric vehicle charging system” 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, including standard SAE J1772 of SAE International; and (3) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code; provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle. “Energy-saving device” means any facility, equipment, apparatus or the like which makes use of nonfossil fuel sources for lighting, heating or cooling or which reduces the use of other types of energy dependent on fossil fuel for generation. “Environmental impact statement” means an informational document prepared in compliance with chapter 343, Hawai‘i Revised Statutes, and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic and social welfare of the community and state, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. “Erected” means constructed, reconstructed, altered, placed, or moved. “Family” means an individual or two or more persons related by blood, state- sanctioned adoption, foster parentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. “Family child care home” means a private residence licensed or approved by the state pursuant to chapter 346, part VIII, Hawai‘i Revised Statutes, as amended, at which care or the responsibility for the supervision, development, safety and protection is provided for a limited number of children, who are living in the residence apart from the parent or guardian. “Farm” means land used for the purpose of agricultural, livestock, poultry, or aquatic production. “Farm dwelling” means 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. “Farmers market” means an area, open or partially enclosed, at which vendors gather to sell personal property. The activity may also be referred to as an “open or open air market.” “Flag lot” means a building site consisting of an access drive and a body in such a manner that the body would be landlocked from a public street or private way except for connection by the access drive. “Floor area, gross” means the total area of all floors of a building including a basement measured along the exterior walls of such building. “Floor area, net” means the total gross floor area of all buildings occupying a building site exclusive of floor area permanently allocated for parking or loading spaces. “Food manufacturing and processing facility” means an establishment primarily involved in the manufacture and processing of food products, other than an animal products processing establishment. Typical activities include, but are not necessarily limited to, noodle factories, and coffee grinding. SUPP. 13 (1-2023) 25-7 § 25-1-5 H AWAI‘I C OUNTY C ODE “Frontage” means that portion of a building site which abuts a road, street, or highway. “Fuel cell electric vehicle” means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion. “Funeral home” or “funeral parlor” means a business establishment where the bodies of the dead are prepared for burial or cremation and religious or memorial services can be held. “Funeral services” means an assortment of services provided by mortuaries, crematoriums, and funeral homes that may provide for: the sale of pre-death final expenses insurance, sale of caskets or closed containers for cremains, coordination for burials of caskets and cremains, embalming, viewings, storage and transportation of the decedent or cremains, funeral planning, religious or memorial services, and completion of death certificates and other legal documents. “Future width lines” means lines established on the zoning map, for purposes of future widening of an existing street and establishing the front property line of an affected building site. The area within these lines or between a future width line and an existing street right-of-way line, shall be deemed to be a street right-of-way, and cannot be considered in computing the minimum yard required on any building site. “Group living facility” means a 24-hour residential facility licensed or certified, and monitored by the State of Hawai‘i’s Department of Health (DOH) or Department of Human Services (DHS), for persons covered under the Fair Housing Act, as amended, containing between six and eight unrelated adults and/or children, plus unrelated home operator or staff who shall not be included in the resident count. (a) The purpose of this definition is to provide housing to protected and targeted populations that require therapeutic, medicinal, life skills training, or other support systems. These facilities shall be integrated into a variety of neighborhoods while maintaining the integrity and character of the neighborhood(s), to promote a non-institutional environment and provide the maximum therapeutic and beneficial value to residents of a group living facility. (b) Unless a use permit or special permit is obtained: (1) A group living facility shall have no more than eight residents; (2) Only one group living facility per tax map key parcel; (3) No other such licensed or certified dwelling shall be located within 500 feet of the perimeter of any tax map key parcel containing any other group living facility, with the exception of an adult residential care home or an intermediate care facility/mental retardation community (ICF/MR-C). (c) A group living facility in existence on the effective date of this ordinance may continue in operation despite non-compliance with the criteria contained in the definition of “group living facility” for a maximum of 15 months from the effective date of this ordinance to allow the group living facility to come into compliance with said criteria or to obtain a use permit or special permit. “Guest house” means an accessory building used as sleeping quarters for guests of the occupants of the main dwelling and having no cooking facilities. SUPP. 13 (1-2023) 25-8 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 horses, cattle, goats, sheep, chickens, ducks, geese and other poultry and swine. “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. SUPP. 13 (1-2023) 25-9 § 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) 25-10 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. “Ohana dwelling” means a second dwelling unit permitted to be built as a separate or an attached unit on a building site, but does not include a guest house or a farm dwelling. “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. 13 (1-2023) 25-11 § 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) 25-12 Z ONING § 25-1-5 “Primary airport” means a publicly owned airport that has more than 10,000 passenger boardings each calendar year, as defined by the Federal Aviation Administration (FAA). Standard accessory uses for Primary Airports include, but are not limited to, retail establishments for shopping including duty-free shops, dining establishments that may be consolidated in food courts, automobile rentals, service businesses, offices, conference centers and hotels. The accessory uses must be located on publicly owned lands and support airport operations. “Public use,” “public building” and “public structure” mean a use conducted by or a structure or building owned or managed by the federal government, the State of Hawai‘i or the County to fulfill a governmental function, activity or service for public benefit and in accordance with public policy. Excluded are uses which are not purely a function, activity or service of government and structures leased by government to private entrepreneurs or to nonprofit organizations. “Reachable” means being able to: (1) Respond via telephone to a request from a guest, neighbor, or County agency within one hour of receiving that request; and (2) Be physically present at the short-term vacation rental within three hours of receiving a call from a guest, neighbor, or County agency, when that guest, neighbor, or County agency requests the presence of the reachable person. “Recycling center” means an establishment on a building site, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products. A recycling collection point or an area which serves only as a drop-off point for temporary storage of recyclables shall not be considered a recycling center. “Rentable unit” means a separate room or rooms for sleeping accommodations let, rented, or leased as a unit by the room or suite, except that in the case of sleeping accommodations let or rented by the bed, a rentable unit shall be two beds. “Repair establishment, major” means an establishment which primarily provides restoration, reconstruction and general mending and repair services, and which includes any repair activities which are likely to have some impact on the environment and adjacent land uses by virtue of their appearance, noise, size, traffic generation or operational characteristics. Major repair establishments include, but are not limited to: (A) Blacksmith. (B) Boat cleaning and repair. (C) Electrical, gasoline and diesel motor repair and rebuilding. (D) Furniture repair. (E) Industrial machinery and heavy equipment repair. (F) Vehicular repair, including repair of body and fender, and straightening of frame and body parts. “Repair establishment, minor” means an establishment which primarily provides restoration, reconstruction and general mending and repair services, and which includes those repair activities which have little or no impact on surrounding land uses and can be compatibly located with other businesses. Minor repair establishments include, but are not limited to: SUPP. 13 (1-2023) 25-13 § 25-1-5 H AWAI‘I C OUNTY C ODE (A) Automobile repair, including auto painting and motorized bicycle repair, provided all repair work is performed within an enclosed structure and does not include repair of body and fender, and straightening of frame and body parts. (B) Eyeglasses, hearing aids and prosthetic devices, production and repair. (C) Furniture upholstery. (D) Garment repair. (E) General repair shop. (F) Non-motorized bicycle repair. (G) Radio, television and other household appliance and equipment repair, except for those appliances with gasoline engines. (H) Shoe repair. (I) Watch, clock and jewelry repair. “Resort area” means an area with facilities to accommodate the needs and desires primarily of visitors, tourists and transient guests. “Restaurant” means an establishment which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected with the establishment, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. Additionally, at least thirty percent of the establishment’s gross revenue must derive from the sale of foods. “Retail establishment” means an establishment which sells commodities or goods to the consumer and may include display rooms and incidental manufacturing of goods for retail sale on premises only. Typical retail establishments include convenience stores, grocery and specialty food stores, general department stores, drug and pharmaceutical stores, hardware stores, pet shops, appliance and apparel stores, tour, travel and ticket agencies and other similar retail activities. The term does not include open storage yards for new or used building materials, yards for scrap, salvage operations for storage or display of automobile parts, service stations, repair garages or veterinary clinics and hospitals. “School” means a place for teaching, demonstration, learning, or organized group instruction. Unless otherwise qualified, “school” means a place for primarily academic instruction equivalent to what is commonly known as pre-school, kindergarten, elementary school, intermediate school, high school, trade or vocational school, business school, college or a combination of any of them. “Self-storage facility” means a structure or structures, containing individual locker compartments which allow individuals access to store possessions in these compartments. Each locker or storage area is self-contained and can be secured. “Short-term vacation rental” means a dwelling unit of which the owner or operator does not reside on the building site, that has no more than five bedrooms for rent on the building site, and is rented for a period of thirty consecutive days or less. This definition does not include the short-term use of an owner’s primary residence as defined under section 121 of the Internal Revenue Code. “Single-family dwelling” means a building containing only one dwelling unit. SUPP. 13 (1-2023) 25-14 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. SUPP. 13 (1-2023) 25-14.1 § 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.)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. 13 (1-2023) 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, ohana dwelling permit, 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.)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; SUPP. 11 (1-2022) 25-15 § 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 § 25-2-4 (4) The date on which the application was filed with the director or the commission; and (5) If the notice is for any proposed administrative action by the director or for any public hearing to be held by the commission, the date on which the administrative action by the director will be taken on the application or the date on which a public hearing will be held to consider the application. (e) Prior to the director’s proposed administrative action or prior to the commission’s public hearing, the applicant shall submit to the director or the commission, as appropriate, proof of service or of good faith efforts to serve notice of the application on the designated property owners and lessees. Such proof may consist of certified mail receipts, affidavits, declarations, or the like. The failure of a property owner or lessee to receive written notice, as provided in this section, shall not invalidate any action by the director or proceeding by the commission, provided that good faith efforts were made by the applicant to serve notice on the affected property owner or lessee. 25-2-4 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2010, ord 10-52, sec 2.) Section 25-2-5. Public hearing notices. (a) Unless otherwise provided, whenever published notice is required under this chapter prior to any commission public hearing, the commission shall publish notice of the hearing in at least two newspapers of general circulation in the County, at least ten days prior to the date of the public hearing, unless a longer time period is required by either statute or Charter provision, in which case, the notice period provided by statute or Charter provision shall apply. The notice shall specify the time, date and place of the hearing, its purpose and a description of the property, if any, involved. (b) The commission may publish consolidated notices of any public hearings to be held on the same date; provided that the consolidated notices state specific information regarding the time, date and place, the purpose and a description of the property involved in each matter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-5 Section 25-2-6. Waiting period after denial of application. Unless otherwise provided in this chapter, whenever an application for an amendment to this chapter, or for a variance from this chapter, or for any other permit authorized under this chapter has been denied, no new application for the same relief, action or use covering all or any portion of the property involved in the original application shall be accepted by the director or the commission for a period of one year from the effective date of the final denial of the original application; provided, however, that upon a showing of a substantial change of circumstances, the director or commission may permit the filing of a new application prior to the expiration of the one- year period. Nothing contained in this section shall prevent the council or the director from initiating any proceedings at any time under this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-6 25-17 § 25-2-7 H AWAI‘I C OUNTY C ODE Section 25-2-7. Utilization of approvals within two years. Whenever any permit or approval issued under this chapter, not otherwise conditioned, except for any amendment of this chapter reclassifying a zoning district, has not been utilized within a period of two years from the date of the written permit or approval, the director shall initiate proceedings to invalidate the permit or approval. The proceeding to invalidate the permit or approval shall require written notice to the owner or person who has been issued the permit or approval prior to either the director or the commission taking action to invalidate the permit or approval. In the event that an appeal is filed regarding any permit or approval issued under this chapter, the two- year period provided for under this section shall not commence to run until a final decision is rendered in the appeal. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-7 Section 25-2-8. Effect of changing districts on prior approvals. Every administrative action for any given building site becomes void upon the changing of the district within which the building site lies unless the action is for the approval of an existing nonconforming use or structure, or such administrative action deals with a regulation which is precisely the same under the regulations of the new district or unless the administrative action is taken with full knowledge of a proposed or impending change of district, in which case the approval of such administrative action shall state that the action is equally acceptable under the existing and proposed or impending specified new district. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-8 Section 25-2-9. Applications including lesser actions; concurrent applications. (a) An application for any administrative action, meaning any action requiring approval of only the director and not the commission, may include a request for a lesser action without payment of any additional filing fee provided that any notice of any required hearing shall contain information relating to the total requested or contemplated action. (b) Two or more applications involving the same building site or the same project requiring commission action may be considered concurrently by the commission, provided that the commission decision on each application shall be issued separately by the commission. (c) An action to amend this chapter may be considered concurrently with other administrative and commission actions, but an application to amend this chapter must be filed independently of other applications for administrative or commission action, and any decision on an application for an amendment to this chapter shall be issued separately from decisions on other administrative or commission requests. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-9 25-18 Z ONING § 25-2-10 Section 25-2-10. Privileges granted run with land. All amendments to this chapter and all permits and approvals issued under this chapter shall apply to the applicable land, building, development, or use and shall not be granted if the action sought would not be equally acceptable under a variety of owners, and such privileges granted shall run with the land and shall not reside in any particular owner or occupant of any premises. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-10 Section 25-2-11. Waiver of requirements in consolidation and resubdivision. If the director finds that the public welfare and safety will not be violated, the director may waive portions or all of the requirements and standards of this chapter for consolidation and resubdivision action resulting in the creation of the same or less number of lots than that which existed prior to the consolidation or resubdivision action; provided, that prior to the granting of any waiver, the director shall confer with the director of public works and the manager-chief engineer of the department of water supply and other applicable government agencies. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 11.)25-2-11 Section 25-2-12. Posting of signs for public notification. (a) Within ten days of being notified of the acceptance of any application for a zoning amendment, project district, agricultural project district, variance except setback variance, use permit, planned unit development permit, or cluster plan development, the applicant shall post a sign on the subject property notifying the public of the following: (1) The nature of the application; (2) The proposed use of the property; (3) The size of the property; (4) The tax map key or keys of the property; (5) That they may contact the planning department for additional information; and (6) The address and telephone number of the planning department. (b) The sign shall remain posted until the application has been granted, denied, or withdrawn. The applicant shall remove the sign promptly after such action. (c) Notwithstanding any other provisions of law, the sign shall be not less than nine square feet and not more than twelve square feet in area, with letters not less than one inch high. No pictures, drawings, or promotional materials shall be permitted on the sign. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from said public road. If more than one public road borders the property the applicant shall post the sign to be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with chapter 3, Hawai`i County Code 1983 (2005 edition). 25-19 § 25-2-12 H AWAI‘I C OUNTY C ODE (d) The applicant shall file an affidavit with the planning department not more than five days after posting the sign stating that a sign has been posted in compliance with this section, and that the applicant and its agents will not remove the sign until the application has been granted, denied, or withdrawn. A photograph of the sign in place shall accompany the affidavit. (2005, ord 05-136, sec 2.)25-2-12 Division 2. Appeals. Section 25-2-20. Persons who may appeal; procedure. (a) Any person aggrieved by the decision of the director in the administration or application of this chapter, may, within thirty days after the date of the director’s written decision, appeal the decision to the board of appeals. (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person’s interest is clearly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be in writing, in the form prescribed by the board of appeals, and shall specify the person’s interest in the subject matter of the appeal and the grounds of the appeal. Any such appeal shall be accompanied by a filing fee of $250. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owners of the affected property and shall provide the board of appeals with the proof of service. (d) The appellant, the owners of the affected property, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of appeals. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 3.)25-2-20 Section 25-2-21. Performance of permit conditions pending appeal. Whenever any appeal is filed after a permit or approval has been issued and the permit or approval contains conditions requiring performance within specified time periods, the time for performance of any such conditions shall not commence until after a final decision is rendered in the appeal by the board of appeals or by the courts. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-21 Section 25-2-22. Conduct of appeal hearing; costs. (a) Within twenty days after receipt of a notice of appeal, the director or commission, as appropriate, shall transmit to the board of appeals the entire record or file of the proceeding being appealed. The entire record or file from the director or commission, as appropriate, shall be part of the board of appeals’ record in an appeal, and shall be reviewed by the board of appeals in the appeal. (b) A full hearing shall be held by the board of appeals, in any appeal, in accordance with chapter 91, Hawai‘i Revised Statutes. 25-20 Z ONING § 25-2-22 (c) A verbatim audio recording or stenographic record shall be made of the hearing and shall remain on file in the office of the board of appeals. Copies of such verbatim record of any hearing may be ordered by any party, with the cost thereof to be paid by the party ordering such copy or copies. (d) The appellant has the burden of proof in an appeal before the board of appeals. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-22 Section 25-2-23. Standard of review. The board of appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. 25-2-23 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 4.) Section 25-2-24. Adoption of rules. The board of appeals shall adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the implementation of the provisions regarding appeals. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-24 Section 25-2-25. Further appeal rights. All actions of the board of appeals are final except that, within thirty days of the date of the board’s written decision, any person aggrieved by the decision of the board of appeals may appeal such action to third circuit court pursuant to chapter 91, Hawai‘i Revised Statutes. (1999, ord 99-112, sec 2.)25-2-25 Division 3. Violations, Penalties, Enforcement. Section 25-2-30. Violations. Any approval or permit issued pursuant to the provisions of this chapter shall comply with all applicable requirements of this chapter. Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any approval, permit, or variance from the provisions of this chapter, shall constitute a violation of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2018, ord 18-114, sec 4.)25-2-30 SUPP. 6 (7-2019) 25-21 § 25-2-31 H AWAI‘I C OUNTY C ODE Section 25-2-31. Criminal prosecution. (a) Any person whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: (1) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs within five years of any prior conviction for violation of this chapter, by a fine of not less than $500 but not exceeding $1,000. (b) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shall be controlled by the provisions of the Hawai‘i Penal Code relating to fines, sections 706-641 through 706-645, Hawai‘i Revised Statutes. (d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel issuing a summons or citation for a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and at a time provided in the summons or citation. (f) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State of Hawai‘i and the County. (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. (h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (1996, ord 96-160, sec 2; ratified April 6, 1999.)Error! Reference source not found. 25-22 Z ONING § 25-2-32 Section 25-2-32. Right of entry for authorized personnel. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the authorized personnel has reasonable cause to believe that there exists upon a building or upon a premises or upon a building site a condition which is contrary to or in violation of this chapter which makes the building or premises or the building site unsafe, dangerous or hazardous, the authorized personnel may enter the building or premises or the building site at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if the building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the authorized personnel shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the authorized personnel shall have recourse to the remedies provided by law to secure entry. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-32 Section 25-2-33. Limited liability of authorized personnel. The authorized personnel charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this chapter or other pertinent laws or ordinances implemented through the enforcement of this chapter shall be defended by the County until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-33 Section 25-2-34. Injunctive action. The County may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-34 Section 25-2-35. Administrative enforcement. (a) In lieu of or in addition to enforcement pursuant to sections 25-2-31, 25-2-32, and 25-2-34, if the director determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any permit issued pursuant thereto, the director may have the person served by personal service or by certified mail, with a notice of violation and order pursuant to this section. The director may also have a copy of the notice of violation and order posted at the building site. (b) The notice of violation shall include at least the following information: (1) Date of the notice; (2) Name and address of the person noticed; 25-23 § 25-2-35 H AWAI‘I C OUNTY C ODE (3) Section number of the provision, or rule, or the permit which has been violated; (4) Nature of the violation; and (5) Location and time of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation; (2) Correct the violation at the person’s own expense before a date specified in the order; (3) Pay a civil fine not to exceed $500 in the manner at the place and before the date specified in the order; (4) Pay a civil fine not to exceed $500 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (d) The order shall advise the person that the order shall become final thirty days after the person’s receipt of the order, unless the director’s decision is appealed to the board of appeals within the thirty-day period. (e) The provisions of the order issued by the director under this section shall become final thirty days after the receipt of the order, unless the director’s action is appealed to the board of appeals as provided in this section. (f) Any person adversely affected by any order issued under this section, may within thirty days after the service of the order, appeal the order to the board of appeals as provided by section 6-9.2, County Charter and sections 25-2-20 through 25-2-24. An appeal to the board of appeals shall not stay the provisions of the director’s order pending the final decision of the board of appeals. (g) The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid. (h) Annually, on September 1, the director shall file with the bureau of conveyances, liens on all properties which have been the subject of fines levied under this section, which remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. (i) Fines, assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. This lien shall be considered for purposes of authority, to be the equivalent liens which arise pursuant to the provisions of chapter 19 of this Code. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-66, sec 2; am 2011, ord 11-103, sec 12.)25-2-35 Section 25-2-36. Remedies cumulative. The remedies provided in this chapter shall be cumulative and not exclusive. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-36 25-24 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. (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. (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.)25-2-42 25-26 Z ONING § 25-2-43 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. (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. 25-27 § 25-2-43 H AWAI‘I C OUNTY C ODE (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. (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 SUPP. 14 (7-2023) 25-28 Z ONING § 25-2-44 (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. (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.)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.) 25-4-45 SUPP. 14 (7-2023) 25-28.1 H AWAI‘I C OUNTY C ODE This page intentionally left blank. SUPP. 14 (7-2023) 25-28.2 Z ONING § 25-2-46 Section 25-2-46. Concurrency requirements. (a) Purpose. In addition to requirements otherwise imposed, this section creates concurrency standards for roads, water supply, and civil defense sirens. (b) Applicability. This section applies to any zoning amendment application, or for an application for extension of time to perform a condition of zoning amendment received by the planning department after the effective date of this ordinance. (c) Definitions. As used in this section: “Acceptable level of service” means that the level of service of a transportation facility at the a.m. and p.m. peak hour is “D” or better. “Approved development” means development for which zoning has been granted by the County. “Civil Defense siren” means a noisemaking mechanical or electronic device, generating sound to provide warning of approaching danger. The siren is one type of tsunami warning system and is linked to the Hawai’i State Civil Defense Outdoor Siren Warning System, activated by the County’s civil defense system or by neighboring tsunami warning centers, in case of a potential life-threatening tsunami or other natural disaster. “Critical road area” means a geographical area where any of the transportation facilities serving the area have been determined by the council to be worse than the acceptable level of service. “Immediate vicinity of a project” means the area in which transportation facilities will be required to mitigate impacts caused primarily by the project. “Level of service, or LOS” means a qualitative measure describing operational conditions within a traffic stream, and shall be determined using the procedures in the latest edition of the Highway Capacity Manual, Transportation Research Board. “Mitigation” means specific actions to reduce traffic congestion. Mitigation is of two types: “local mitigation” which consists of improvements to roads and intersections that are in the immediate vicinity of a project, including channelization of intersections, turn lanes into a project and similar improvements. “Area mitigation” consists of improvements which increase the capacity of an arterial or other major road, such as additional lanes, in the general region containing the project, or construction of a new arterial or collector road in the general area containing the project, or improvements to public transportation such as buses or park and ride facilities, sufficient to offset the traffic demand generated by the project. SUPP. 14 (7-2023) 25-29 § 25-2-46 H AWAI‘I C OUNTY C ODE “Occupancy” means (1) the issuance of a certificate of occupancy for a commercial, multifamily, industrial building, hotel or other structure requiring a certificate of occupancy; (2) the issuance of a building permit for residential buildings that do not require a certificate of occupancy; or (3) final subdivision approval for subdivisions where dwellings are allowed, but dwellings are not being constructed before sale of any lot. “Project area” means the area in which the project is expected to have an impact on the level of service of transportation facilities. “Reasonable assumptions” means the percentage of full build-out that is expected to occur during the twenty-year period after the date of the application, as determined by the planning director. “Transportation facilities” means State and County highways, roads, and public transportation facilities. “Worse than the acceptable level of service” means that the level of service at the a.m. or p.m. peak is “E” or “F”. (d) Traffic impact analysis report required. (1) A traffic impact analysis report (TIAR), prepared or updated within six months before the submission of the application, shall be included with the application for any zoning amendment that can generate fifty or more peak hour trips. The determination of peak hour trips shall be based on the Institute of Transportation Engineers, “Trip Generation Handbook”, or any other nationally recognized source. When the number of trips depends upon the exact future uses of the site, and those are unknown at the time of zoning amendment (for example, the types of commercial uses), the determination shall be based upon a typical mix of uses found in that zoning type in the community. The TIAR shall be certified as having been conducted in accordance with best practices by a professional engineer licensed in the State of Hawai‘i. (2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity and general area of the project, and to the transportation facilities serving the project area. (3) The TIAR shall include projections for future growth in traffic, for a minimum of five, ten, and twenty years, and shall include other approved or proposed development that is expected to impact the project area, with reasonable assumptions about the build-out of such development. (4) The TIAR shall present an assessment of the impacts of the project on LOS and an evaluation of alternative plans for mitigating those impacts. The evaluation shall include budgetary cost estimates for the capital and operating costs of promising alternative plans. 25-30 Z ONING § 25-2-46 (e) Mitigation required. (1) If the LOS for any transportation facility in the project area is (A) currently worse than the acceptable level of service, or (B) projected to become worse than the acceptable level of service during the five year period of the TIAR, any rezoning of the property, if approved, shall contain conditions that require mitigation of adverse traffic effects before occupancy of the project is permitted, or that occupancy be delayed until the level of service has reached the acceptable level and is no longer projected to be worse than the acceptable level. (2) Where the LOS deficiency is due to roadway or intersection deficiencies in the immediate vicinity of the project, the conditions of zoning shall require local mitigation. Where the deficiency in LOS is due to insufficient capacity in the transportation facilities serving the project area, the conditions of zoning shall require area mitigation. (3) If there is more than one way to mitigate an adverse effect, the director shall present to the council the pros and cons of the alternatives. (f) Mitigation requirements will be deemed satisfied when: (1) A public agency has committed funds for area mitigation that will remove the LOS deficiency. In the case of the State, commitment of funds means that the governor has released funds to complete the improvement. In the case of the County, commitment of funds means that the council has appropriated funds to complete the improvement; or (2) The private developer’s commitment to implement mitigation has been secured by bond or equivalent security, or mandatory participation in an improvement district, community facilities district, or other equivalent means of guaranteeing performance. (g) A developer’s area mitigation expenses shall be credited against any fair share or similar fee requirement for roads. A developer’s local mitigation expenses shall be credited against any fair share or similar fee requirement for roads if the council determines that the mitigation substantially benefits the general public and was not necessary primarily for the benefit of the project. In general, roads that are necessary for access to or within a development or turn lanes for a private project shall not qualify for fair share credit. (h) The following types of zoning amendment applications shall be required to submit a TIAR when required by this section, but shall not be required to perform area mitigation: (1) Residential or other zoning amendment where the applicant commits, and the conditions of zoning require, that the project earn at least two times the number of affordable housing credits otherwise required under chapter 11, County affordable housing policy, provided further that the applicant shall be entitled to the full amount of “excess credits” under section 11-15, County affordable housing policy, based on the number of affordable housing credits normally required. 25-31 § 25-2-46 H AWAI‘I C OUNTY C ODE (2) Zoning amendment to CV, CN, MCX, PD, or ML where the council determines that the project will reduce regional traffic congestion by providing necessary commercial or light industrial opportunities to serve an area where there is a shortage of available space zoned for such uses, and substantial residential development has already been approved, provided that conditions of zoning shall ensure that any commercial development be of a scale consistent with the standards of a “neighborhood center” as described in the general plan. (i) The restrictions on occupancy shall not apply to the construction of infrastructure such as water tanks, roads, sewage treatment plants, or other project elements that do not generate substantial traffic. (j) The council may designate critical road areas by ordinance. (k) In a critical road area, all rezonings shall be subject to local and area mitigation, except as stated in subsection (h). (l) In order to determine whether a zoning amendment application meets the TIAR threshold of fifty or more peak hour trips, and to prevent applicants from going below the TIAR threshold by dividing a project into segments, the director shall review all development proposed on the same or adjacent properties, and shall include traffic that may be generated by any development application approved after the effective date of this ordinance, or by any other pending development application, if it is on a portion of the same lot or tax map key parcel, or an adjoining lot or tax map key parcel, or in the immediate vicinity of the development. (m) A zoning amendment application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. (n) To facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for zoning amendments for commercial or light industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are (1) designated as an “urban and rural center” or “industrial area” on table 14-5 of the general plan and (2) designated for urban use on the land use pattern allocation guide map of the general plan; provided that conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and fire-fighting. 25-32 Z ONING § 25-2-46 (o) A zoning amendment application or an application for an extension of time to perform a condition of zoning amendment shall not be granted for projects proposing: (1) Twenty-five or more residential units; or (2) Commercial space, industrial space, or a combination of commercial and industrial space equal to or greater than thirty thousand square feet of gross floor area; or (3) Any combination of residential units, commercial space and industrial space equal to or greater than thirty-five thousand square feet of gross floor area; unless existing civil defense sirens, as determined by the State Civil Defense, are available to provide adequate warning coverage across the entire project site or that the provision of civil defense sirens to provide such coverage is integrated as part of the zoning amendment or application for extension of time to perform a condition of zoning amendment. (p) Nothing in this section shall limit the ability of the council to impose reasonable roadway, water, or civil defense siren improvement requirements on zoning amendments or to deny zoning amendment applications to the extent otherwise allowed by law. (2007, ord 07-99, sec 2; am 2011, ord 11-71, sec 1.)25-2-46 Division 5. Variances. Section 25-2-50. Variances permitted. Variances from the provisions of this chapter may be granted; provided that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-50 Section 25-2-51. Grounds for variance. A variance may only be granted if the following is found: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available, or to a degree which obviously interferes with the best use or manner of development of that property; and (b) There are no other reasonable alternatives that would resolve the difficulty; and (c) The variance is consistent with the general purpose of the district, the intent and purpose of this chapter, and the general plan, and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area’s character or to adjoining properties. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-51 25-33 § 25-2-52 H AWAI‘I C OUNTY C ODE Section 25-2-52. Application for variance; requirements. Application for a variance shall be on a form prescribed for this purpose by the director and shall be accompanied by: (1) A filing fee of $250; (2) A description of the property in sufficient detail to determine the precise location of the property involved; (3) A plot plan of the property, drawn to scale, with all existing and proposed structures shown thereon; (4) A list of the names and addresses of all surrounding owners and lessees of record of property interests in property within the boundaries established by section 25-2-4; and (5) Any other plans or information required by rules adopted by the director in accordance with chapter 91, Hawai‘i Revised Statutes. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-52 Section 25-2-53. Notice of action on variance application. (a) Upon acceptance of a variance application, the director shall fix a date for the director’s action on the application. Within ten days after receiving notice of such date, the applicant shall serve notice of the application 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 of interests in other properties which the director may find to be directly affected by the variance sought. Except for setback variances, the applicant shall also post a sign for public notification on the property as provided by section 25-2-12. (b) The director shall publish notice of the date of the proposed decision by the director and the date by which written comments must be received by the director in at least two newspapers of general circulation in the County, at least ten days prior to the date of the director’s proposed decision. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 4.)25-2-53 Section 25-2-54. Actions by director on variance. (a) The director shall, within sixty days after acceptance of a variance application, deny the application or approve it subject to conditions. (b) The conditions imposed by the director shall bear a reasonable relationship to the variance granted. All actions shall contain a statement of the factual findings supporting the decision. (c) If the director fails to act within the prescribed period, the application shall be considered as having been denied, and the director shall immediately inform the applicant of such denial. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-54 Section 25-2-55. Repealed. 25-2-55 (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 5.) 25-34 Z ONING § 25-2-56 Section 25-2-56. Repealed. (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 7.)25-2-56 Section 25-2-57. Repealed. (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 8.)25-2-57 Section 25-2-58. Appeals. (a) If the director denies a variance application, such decision is final except, that, within thirty days after the date of the written decision, the applicant may appeal such action to the board of appeals, pursuant to the rules of practice and procedure of the board of appeals. (b) Any person aggrieved by the decision of the director in the issuance of a variance decision may appeal the director’s action to the board of appeals, in accordance with this chapter, within thirty days after the date of the director’s written decision. (1999, ord 99-112, sec 6.)25-2-58 Division 6. Use Permits. Section 25-2-60. Purpose. Use permits are permits for certain permitted uses in zoning districts which require special attention to insure that the uses will neither unduly burden public agencies to provide public services nor cause substantial adverse impacts upon the surrounding community. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-60 Section 25-2-61. Applicability; use permit required. (a) The following uses shall be permitted within designated County zoning districts only if a use permit is obtained for the use from the commission: (1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided that the property is within the state land use urban district. (2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, RCX, RA, FA, A and V districts. (3) Churches, temples and synagogues, including meeting facilities for churches, temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A districts; provided that a minimum building site area of ten thousand square feet is required within the RS, RD, RM, and RA districts. (4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. 25-35 § 25-2-61 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 in the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (6) Group living facilities that exceed the criteria in subsection 25-1-5(b), paragraph (b) of the definition of “group living facility” in the RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes in the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, RCX and RA districts. (8) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. (9) Medical clinics in RS, RD, RM, RA, FA, and A districts. (10) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. (11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. (12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. (13) Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. (14) Other unusual and reasonable uses which are not specifically permitted in any zoning district with the approval of the director and the concurrence of the council by resolution. (b) Any use which received an approval as a conditionally permitted use prior to September 25, 1984, or which received prior approval through the use permit process, is considered a legal use of the affected parcel and may be expanded or enlarged without obtaining another use permit, provided such expansion, enlargement or addition is in full compliance with this chapter and the applicable district regulations. (c) A use permit shall not be required for any use described in subsection (a) above, if a special permit is obtained for that use, pursuant to section 205-6, Hawai‘i Revised Statutes. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2007, ord 07-55, sec 2; am 2008, ord 08-2, sec 2; am 2010, ord 10-17, sec 2; am 2011, ord 11-25, sec 1; ord 11-26, sec 1; am 2012, ord 12-91, sec 2; ord 12-124, sec 2; am 2014, ord 14-86, sec 2; am 2019, ord 19-100, sec 2; am 2021, ord 21-26, sec 3.)25-2-61 SUPP.10 (7-2021) 25-36 Z ONING § 25-2-62 Section 25-2-62. Application for use permit; requirements. (a) An application for a use permit shall be made to the commission, in accordance with its rules, on a form prescribed by the commission. (b) The application shall be accompanied by: (1) A filing fee of $500; (2) A description of the property in sufficient detail to determine the precise location of the property involved; (3) A plot plan of the property, drawn to scale, with all existing and proposed structures shown thereon; (4) A list of 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; and (5) A written description of the proposed use and a statement of objectives and reasons for the request, including an analysis of how the request satisfies each of the standards contained in section 25-2-65. 25-2-62 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-3, sec 2.) Section 25-2-63. Procedure for use permit. (a) Upon acceptance of a use permit application, the commission shall fix a date for a public hearing. The public hearing shall be commenced no later than ninety days after the acceptance of a use permit application by the director. (b) The applicant shall serve notice of the use permit application 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 use permit sought. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12. (c) Prior to the public hearing, the commission shall publish notice of the public hearing in accordance with the requirements of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 9; am 2005, ord 05-136, sec 5; am 2010, ord 10-117, sec 2.)25-2-63 Section 25-2-64. Action on use permit. (a) Within sixty days following the close of the public hearing or public hearings as the case may be, or within such longer period as agreed to by the applicant, the commission shall either deny or approve the application. The commission’s decision shall be accompanied by a statement of factual findings supporting the decision. (b) In approving any use permit application, the commission may issue the approval subject to conditions, including but not limited to hours of daily operation and terms of the use permit. The conditions imposed by the commission shall bear a reasonable relationship to the use permit granted. SUPP. 10 (7-2021) 25-37 § 25-2-64 H AWAI‘I C OUNTY C ODE (c) If the commission fails to render a decision within the prescribed period, the application shall be considered as being approved unless an extension is agreed to by all parties, provided that no contested case hearing pertaining to the use permit is pending before the commission. (d) Concurrent requests may be acted upon by the commission in conjunction with a use permit application. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2021, ord 21-24, sec 2.)25-2-64 Section 25-2-65. Criteria for granting a use permit. A use permit may be granted by the commission upon finding that: (1) The granting of the proposed use shall be consistent with the general purpose of the zoning district, the intent and purpose of this chapter, and the general plan; (2) The granting of the proposed use shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community’s character, to surrounding properties; and (3) The granting of the proposed use shall not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-65 Section 25-2-66. Appeal of a use permit decision. Within thirty days after the date of the commission’s written decision, any person aggrieved by the decision may appeal the commission’s action to the third circuit court pursuant to chapter 91, Hawai‘i Revised Statutes. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 10.)25-2-66 Section 25-2-67. Revocation of a use permit. (a) A use permit may be revoked by the director in the event that any property owner who holds the permit sought to be revoked or any other person, with the property owner’s consent, submits a written statement to the director verifying that the development approved under the permit issued has either not been established or has been abandoned. (b) A use permit may be revoked by the commission upon the request of the director when the director determines the following conditions exist: (1) There has been noncompliance with the conditions of the permit; or (2) The use authorized under the permit is creating a threat to the health or safety of the community. (c) The director shall provide written notice of the proceeding to revoke a use permit to the property owner and to the person who has been issued the permit prior to the commission taking action to revoke the permit. SUPP.10 (7-2021) 25-38 Z ONING § 25-2-67 (d) A property owner or other person affected by the proposed revocation of a use permit ordered by the commission, may, within thirty days after the mailing of the commission’s order, appeal the commission’s action to the third circuit court pursuant to chapter 91, Hawai‘i Revised Statutes. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 11; am 2021, ord 21-24, sec 3.)25-2-67 Division 7. Plan Approval. Section 25-2-70. Purpose. Plan approval provides a method of allowing closer inspection of certain development and inspection of all development in certain districts in order to ensure conformance with the general plan, to assure that the intent and purpose of this chapter are carried out, and to ensure pertinent conditions of previous approvals related to the development have been implemented. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-70 Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single-family dwelling and any accessory buildings per lot, unless required elsewhere in this chapter. (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Warehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (2) Telecommunication antennas and towers, as permitted under section 25-4-12. (3) Temporary real estate offices and model homes, as permitted under section 25- 4-8. (4) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processing. (e) Plan approval shall be required in the A district prior to the development of any trailer park or major agricultural products processing facility. The director shall determine whether an agricultural products processing facility shall be considered major or minor at the time of building permit review, or earlier at the applicant’s request. SUPP. 10 (7-2021) 25-39 § 25-2-71 H AWAI‘I C OUNTY C ODE (f)Plan approval may be required as a condition of approval of any use permit, variance, or other action relating to a specific use, in which case the use or development so conditioned may not be established until plan approval has been secured. (g) Plan approval shall be required for the establishment of any agricultural tourism activity, as permitted under section 25-4-15(b). (h) Plan approval shall be required prior to the construction or installation of any new structure or development, any enlargement of an existing structure or development, or alterations to the exterior appearance of any existing structure or development in any special district established under this chapter for which design guidelines and/or standards have been adopted and as prescribed by the applicable special district requirements, excluding any special district having adopted design guidelines and/or standards established under this chapter prior to adoption of this sub-section. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 2; am 2007, ord 07-56, sec 3; am 2008, ord 08-155, sec 3; am 2009, ord 09-16, sec 2; am 2012, ord 12- 124, sec 3; am 2015, ord 15-45, sec 2.)25-2-71 Section 25-2-72. Application for plan approval; requirements. An application for plan approval shall be on a form approved for such purpose by the director and shall be accompanied by: (1) A site plan, drawn to scale and fully dimensioned indicating clearly the following information: (A) The location and dimension of the building site; (B) The location, size, height, and use of all existing and proposed structures; (C) All yards and open spaces; (D) Location, height, and material of all fences and walls; (E) The standard of improvement and location, number, and size of parking spaces, arrangement and on-site circulation of all off-street parking and loading facilities including points of access thereto from adjoining streets; (F) The location, general nature, and type, and protection or shielding devices of all exterior lighting; (G) All proposed landscaping and planting; and (H) All proposed street dedication and improvement if any. (2) Any other information required by rules adopted by the director in accordance with chapter 91, Hawai‘i Revised Statutes. 25-40 Z ONING § 25-2-72 (3) A site drainage plan \[under section 27-20\] approved by the director of public works, where plan approval is required under section 25-2-71(a), (c)(2) and (c)(5), (d), (e), or (f). The site drainage plan shall comply with section 27-20(a) and (b) and section 27-24, and shall include a storm water disposal system to contain runoff caused by the proposed development, within the site boundaries, up to the expected one-hour, ten year storm event, as shown in the department of public works “Storm Drainage Standards,” dated October 1970, or any approved revision, unless those standards specify a greater recurrence interval. The amount of expected runoff shall be calculated according to the department of public works “Storm Drainage Standards,” dated October 1970, or any approved revision, or by any nationally-recognized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. Storm water shall be disposed into drywells, infiltration basins, or other approved infiltration methods. The development shall not alter the general drainage pattern above or below the development. 25-2-72 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2007, ord 07-56, sec 3.) Section 25-2-73. Plan approval application and processing requirements for special districts with design guidelines and/or standards. (a) In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for the construction, installation, enlargement, or alteration to the exterior appearance of a building or structure that is subject to design guidelines and/or standards adopted by the council for any special district established under article 7 of this chapter shall include: (1) Complete and accurate exterior elevations of all facades, drawn at a scale adequate to show clearly the appearance of all proposed buildings and structures; (2) A description of exterior siding, roofing, and finish materials; (3) Exterior door and window specifications; (4) Description, location, and renderings for any exterior signage; (5) A streetscape rendering of the project site and adjacent properties suitable for evaluating the immediate spatial relationships. Photographic images may be substituted provided those images are adequate to serve the same purpose; (6) Other descriptive information as the director finds necessary to determine consistency of the proposed project with the design guidelines and/or standards adopted for the special district in which the project building site is located. (b) Within five days of acceptance of an application for plan approval the director shall provide the respective design review committee with a copy of the application and plans along with a request for their review and comments on the consistency of the project with the adopted design guidelines and/or standards. 25-41 § 25-2-73 H AWAI‘I C OUNTY C ODE (c) The written recommendations and plans stamped “Reviewed by” with the date and signature of the chair of the respective design review committee affixed shall be submitted to the director within twenty-five calendar days of receipt by the design review committee of the director’s request for design review. (d) Except as otherwise provided in this section, the director shall withhold rendering a decision on a plan approval application until having received the written recommendations and stamped and signed plans from the chair of the respective design review committee for the application. (e) By written request to the director, the chair of the respective design review committee may request an extension of time to complete the design review and to submit the recommendations of the design review committee, which the director may grant only with the written approval of the applicant for plan approval. (f) In the event that no design review committee is established, or if the design review committee, for whatever reason, fails to respond within the time limit prescribed in subsection (b), the director shall provide design review against the relevant design guidelines and/or standards as adopted by the council and waive the requirements under subsection (c). (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 2; am 2015, ord 15-45, sec 3.)25-2-73 Section 25-2-74. Plan approval application requirements for telecommunication antennas. In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for a telecommunication antenna or tower shall contain the following information: (1) A plot plan showing the location of the proposed antenna or tower; (2) Building plans for the tower, certified by a licensed structural engineer, verifying that the tower, together with the initial antennas and other equipment proposed to be installed thereon, will have a hard survivability for sustained winds of one hundred miles per hour; (3) A statement from the Federal Aviation Administration that the application has not been found to be a hazard to air navigation; and (4) A statement from the Federal Communications Commission that the application complies with the regulations of the Commission or a statement that no such compliance is necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-2-74 Section 25-2-75. Plan approval application requirements for agricultural tourism. In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for agricultural tourism operations shall include sufficient information to ensure the following provisions are met: (1) A statement whether the operation will allow visits by buses; 25-42 Z ONING § 25-2-75 (2) Adequate off street parking, loading/unloading, and turn-around space to accommodate all specified tour transportation modes, including buses, if they are allowed, shall be provided and shown on the site plan; (3) The subject property must have an existing legal access to a public highway, which may be via a private road or easement, and new driveways shall meet applicable county or state standards; (4) New and existing facilities to be utilized principally for the agricultural tourism activity shall be clearly indicated on the plot plan and shall not exceed one thousand square feet in total area, not including parking and vehicular accesses; and (5) Proof, acceptable to the director, of income from agricultural activities and/or agricultural products processing, or investment, as required under section 25-4-15(d)(1). (2008, ord 08-155, sec 4.) 25-2-75 Section 25-2-76. Action on plan approval application. (a) The director may issue plan approval subject to conditions or changes in the proposal which, in the director’s opinion, are necessary to carry out and further the purposes of this chapter and the considerations contained in section 25-2-77. (b) The director may only issue plan approval for a telecommunication antenna or tower if the proposed use meets all of the conditions contained in sections 25-2-77 and 25-4-12, and if the applicant provides all verification required under section 25-2-74. (c) The director may only issue plan approval for a temporary model home or real estate office if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8. (d) The director shall render a decision to either approve or deny a plan approval application, other than for an agricultural tourism facility or any special district with adopted design guidelines and/or standards, within thirty days after acceptance of the application. If the director fails to render a decision within the thirty-day period, the application shall be considered approved without further certification by the director. For an agricultural tourism facility, the department shall conduct a site inspection prior to issuing plan approval within sixty days after acceptance of the application. If the director fails to render a decision within the sixty-day period, the application shall be considered approved without further certification by the director. For any plan approval application within a special district with adopted design guidelines and/or standards, the director shall render a decision to either approve or deny the plan approval application within forty-five days after acceptance of the application. If the director fails to render a decision within the forty-five-day period, the application shall be considered approved without further certification by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 5; am 2012, ord 12-124, sec 4; am 2015, ord 15-45, sec 4.) 25-2-76 25-43 § 25-2-77 H AWAI‘I C OUNTY C ODE Section 25-2-77. Review criteria and conditions of approval. (a) In reviewing a plan approval application, the director shall consider the proposed structure, development or use in relation to the surrounding property, improvements, streets, traffic, community characteristics, natural features, and may require conditions or changes to assure: (1) Adequate light and air, and proper siting and arrangements are provided for all structures and improvements; (2) Existing and prospective traffic movements will not be hindered; (3) Proper landscaping is provided that is commensurate with the structure, development or use and its surroundings; (4) Unsightly areas are properly screened or eliminated; (5) Adequate off-street parking is provided to serve the structure, development or use, regardless of the otherwise minimum requirements of this chapter; (6) Access to the parking areas will not create potential accident hazards; (7) Within reasonable limits, any natural and man-made features of community value are preserved; (8) Dust, noise, and odor impacts are mitigated; and (9) Compliance with any design guidelines or standards adopted by the council. (b) The director shall require any conditions or changes in the proposal which, in the director’s opinion, are necessary to carry out the purposes of this chapter and the considerations contained in subsection (a) above. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2007, ord 07-28, sec 2; am 2008, ord 08-155, sec 6; am 2015, ord 15-45, sec 5.) 25-2-77 Section 25-2-78. Construction in conformity with plan approval. Every structure, development and change of use for which plan approval is issued shall be constructed and developed in accordance with the terms, specifications and conditions contained in the plan approval permit. 25-2-78 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 7.) Section 25-2-79. Appeal of a plan approval decision. Any person aggrieved by the plan approval decision of the director may appeal the director’s action to the board of appeals, in accordance with this chapter, within thirty days after date of the director’s written decision. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 8.) 25-2-79 Article 3. Establishment of Zoning Districts. Section 25-3-1. Designation of districts. (a) The zoning districts of the County shall consist of the following districts: (1) RS, single-family residential districts (article 5, division 1). (2) RD, double-family residential districts (article 5, division 2). 25-44 Z ONING § 25-3-1 (3) RM, multiple-family residential districts (article 5, division 3). (4) RCX, residential-commercial mixed use districts (article 5, division 4). (5) RA, residential and agricultural districts (article 5, division 5). (6) FA, family agricultural district (article 5, division 6). (7) A, agricultural districts (article 5, division 7). (8) IA, intensive agricultural districts (article 5, division 8). (9) V, resort-hotel districts (article 5, division 9). (10) CN, neighborhood commercial districts (article 5, division 10). (11) CG, general commercial districts (article 5, division 11). (12) CV, village commercial districts (article 5, division 12). (13) MCX, industrial-commercial mixed use districts (article 5, division 13). (14) ML, limited industrial districts (article 5, division 14). (15) MG, general industrial districts (article 5, division 15). (16) O, open districts (article 5, division 16). (17) Special districts (articles 6 and 7). (b) Any building site within the commercial office (CO) district as of December 7, 1996, shall automatically be redesignated as a general commercial (CG) district, with the same minimum land area required for each building site, and any building site within the unplanned (U) district as of December 7, 1996, shall automatically be redesignated as an agricultural (A) district with a minimum lot size of five acres (A-5a). Any building site within a combining district, which combines a safety (S) district or a safety, flood hazard (SF) district with another zoning district, as of December 7, 1996, shall be redesignated so that the safety or safety, flood hazard district designation, whichever is applicable, is removed as a zoning district designation for the building site. The redesignation provided for under this subsection shall occur immediately upon adoption of this section, without any action required on the part of any landowner. The director shall cause all zone maps and the zoning map to be corrected to reflect the redesignation described in this subsection. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-1 Section 25-3-2. Designation of special districts. The special zoning districts of the County shall consist of the following: (1) Kailua Village design commission (article 7, division 1). (2) CDH, Downtown Hilo commercial district (article 7, division 2). (3) UNV, University district (article 7, division 3). (4) PD, Project districts (article 6, division 4). (5) APD, Agricultural project districts (article 6, division 5). (6) PVD, Pdistrict (article 7, division 4). 25-3-2 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-44, sec 2.) 25-45 § 25-3-3 H AWAI‘I C OUNTY C ODE Section 25-3-3. Method and effect of establishment of districts. (a) Any of the districts listed in sections 25-3-1 and 25-3-2 are or may be established for any portion of the County by being described by metes and bounds and in map form. In case of conflict between a zoning map and metes and bounds description delineating district boundaries, the latter shall control. In case of conflict between a zoning map, and any summary of ordinances as provided by subsection (d) below on one hand, and duly enacted ordinance on the other, the provisions of the ordinance shall be authoritative. As between ordinances, the provisions of an ordinance enacted later in time shall control. (b) The zone maps in article 8 of this chapter, adopted by ordinance numbers 74 (1967), 109 (1967), 110 (1967), 111 (1967), 187 (1968), and 190 (1969), and any amendments to these maps by ordinance shall constitute the zoning map of the County. An up-to-date copy of the zoning map shall be kept for public display in the office of the director. (c) The zoning map and all notations, references, data and other information shown thereon are incorporated by reference and made a part of this chapter. The adoption of or the change in the boundary of any district shall be by ordinance and shall constitute an amendment to this chapter; provided, that nonsignificant changes to the boundary of any district may be administratively approved by the director as provided under section 25-2-45. (d) The contents of an ordinance or any portion thereof concerning the adoption of or a change in the boundary of any district need not be set out in full in any codification or recodification of, or supplementation to this chapter so long as a summary of the ordinance is included in this chapter or in an appropriate annex to this chapter. The summary which shall be maintained and updated by the director shall include at a minimum the following information: (1) Ordinance number and effective date; (2) General location of land affected or tax map key; (3) Original district designation; and (4) Final district designation. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-3 Section 25-3-4. Establishment of building lines, future width lines and plan lines for future streets. Building lines, future width lines and plan lines for future streets may be established and shown on any section of the zoning map as provided in sections 25-3-3 and 25-8-1 of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-4 25-46 Z ONING § 25-3-5 Section 25-3-5. Application of district regulations. (a) The provisions of this chapter for each district shall apply uniformly to each class or kind of structure or land within the district, except as provided in this chapter. (b) Any building, structure, or land used or occupied after May 24, 1967, and any building or structure erected, constructed, reconstructed, moved or structurally altered after May 24, 1967, shall comply with all of the regulations specified in this chapter for the district in which such structure, land or premises is located. (c) Any building or other structure erected or altered after May 24, 1967 shall not: (1) Exceed the height; (2) Accommodate or house a greater number of families; (3) Occupy a greater percentage of lot area, if provided by the zoning district; (4) Have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein permitted; or (5) In any other manner be contrary to the provisions of this chapter. (d) No portion of a yard, other open space, off-street parking, or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, off-street parking, or loading space similarly required for any other building. (e) Any yard or building site existing as of September 11, 1966, shall not be reduced in dimension or area below the minimum requirements set forth in this chapter. Any yard or building site created after May 24, 1967, shall meet at least the minimum requirements established by this chapter. Provided, however, that if the minimum building site in any zoning district was increased by an amendment to this chapter adopted on December 7, 1996, any parcel of land with minimum building site areas established by a zoning ordinance adopted predating December 7, 1996, may be developed utilizing yards, building site average width and minimum building site areas in accordance with the pre-existing ordinance. (f) If any ordinance adopted prior to December 7, 1996, amended the zoning district for any building site and provided for a future effective date for the amendment, the ordinance shall be considered to predate this chapter and the building site may be developed in accordance with the ordinance and the conditions contained in the ordinance, notwithstanding the fact that provisions of this chapter adopted on December 7, 1996, conflict with the provisions of the ordinance. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-5 Section 25-3-6. Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow the center lines; (2) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines; (3) Boundaries indicated as approximately following city limits shall be construed as following city limits; 25-47 § 25-3-6 H AWAI‘I C OUNTY C ODE (4) Boundaries indicated as following the shoreline shall be construed to follow high water lines, and in the event of change in the shoreline shall be construed as moving with the actual high water lines; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the center lines; (5) Boundaries indicated as parallel to or extensions of features indicated in paragraphs (1) through (4) of this section shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the director scaling the distance on the zoning map. (6) Where physical or cultural features existing on the ground vary from those shown on the zoning map or in other circumstances not covered by paragraphs (1) through (4) of this section, the director shall determine the location of such boundaries. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-6 Section 25-3-7. District classification of streets. Unless otherwise designated in this chapter, the area of any street, right-of-way or easement is considered to be and shall be classified within the immediately adjacent district and if there be more than one district then each shall extend to the center of the street, right-of-way or easement. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-7 Section 25-3-8. Legal effect of establishment of building lines, future width lines, and plan line. (a) Whenever a building line is established along any street on the zoning map, the minimum front yard for any affected property shall be equal to the distance between the street and the established building line. (b) Whenever a future width line is established on the zoning map, the future width line shall be considered to be the front property line of the affected property. The area between the future width line and the street (if outside the right-of-way) shall be deemed to be the street right-of-way, and cannot be considered in computing the minimum yard required on any building site. (c) Whenever plan lines for a future street have been established on the zoning map, the plan lines shall be considered to be the front property line, and the area between the plan lines shall be deemed to be street right-of-way. The minimum required yards of any building site shall be computed excluding any area within plan lines for future streets established on the zoning map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-3-8 25-48 Z ONING § 25-4-1 Article 4. General Development Regulations. Division 1. Use Regulations. Section 25-4-1. Existing buildings. Any building upon which construction was lawfully begun prior to December 7, 1996, or any subsequent amendments to this chapter may be completed and thereafter shall be considered an existing building at the time of the effective date of this chapter (December 7, 1996) or amendment. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-1 Section 25-4-2. Conditions for construction of buildings designed for human occupancy. (a) On any building site, no building designed or intended for human occupancy shall be constructed and no permit therefor shall be issued unless: (1) The building site is served by a County water system or a privately owned and operated water system, or other private, individual means of providing water to the building site is demonstrated; and (2) A wastewater treatment system for the proposed building has been approved by the State department of health. (b) On any building site in any subdivision approved by the director under chapter 23 of this code, no building designed or intended for human occupancy shall be constructed and no permit issued therefor until either: (1) The streets, drainage improvements, water supply system, if any, and sewage disposal system, if any, have been constructed, inspected and approved by the appropriate County agencies; or (2) Final subdivision approval has been secured by the subdivider in accordance with chapter 23, by posting a surety bond or other security guaranteeing the construction of all of the subdivision improvements as shown on approved construction drawings and specifications, provided that final occupancy of any dwelling unit shall not be granted until the subdivision improvements for the particular increment in which such dwelling unit is situated have been constructed, inspected and approved by the appropriate County agencies. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-2 Section 25-4-3. Establishment of permitted uses. The permitted uses as listed in the regulations for each zoning district may be established within that district after compliance with the specific regulations of the district and the general regulations of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-3 25-49 § 25-4-4 H AWAI‘I C OUNTY C ODE Section 25-4-4. Uses prohibited. Any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-4 Section 25-4-5. Uses authorized by other permits. In all districts, all land uses allowed in permits granted by the state land use commission or the commission pursuant to chapter 205, Hawai‘i Revised Statutes, all land uses allowed in permits issued by the commission or the director pursuant to chapter 205A, Hawai‘i Revised Statutes, and all land uses allowed in permits issued by the State board of land and natural resources pursuant to chapter 183C, Hawai‘i Revised Statutes, or any amendment thereto, shall be deemed to be permitted uses. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-5 Section 25-4-6. Use of streets. Except as permitted by the council, no street shall be used for the display, sale, or private storage of any commodity or any material, nor shall any structure be placed therein other than a driveway, ramp or similar structure that is necessary for vehicular access to the adjoining property. This section shall not prohibit normal street improvements and those other facilities normally placed in streets. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-6 Section 25-4-7. Bed and breakfast establishments. (a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, V, CN, CG, CV and CDH districts. A bed and breakfast establishment may be permitted in the RS districts and RA, FA, A districts, within the State land use urban district, provided that a use permit is obtained for each such use. A special permit shall also be required for any bed and breakfast establishment located in either the State land use rural or agricultural districts. (b) A bed and breakfast establishment shall be subject to the following standards: (1) The bed and breakfast establishment shall be subordinate and clearly or customarily incidental to the principal use as a residence by its operator and not alter or be detrimental to the character of the surrounding area. (2) The operator of the bed and breakfast establishment shall reside on the same building site as that being used for the bed and breakfast establishment. (3) The bed and breakfast establishment may be located on a building site, within any single-family dwellings, and/or guest houses (pursuant to section 25-4-9). (4) The bed and breakfast establishment shall contain no more than five guest bedrooms for rent to guests. (5) The maximum number of guests permitted within a bed and breakfast establishment at any one time shall be ten. 25-50 Z ONING § 25-4-7 (6) Only breakfast meals may be offered to guests. The serving of breakfast meals on the building site, for a fee to individuals other than registered guests shall be prohibited. A bed and breakfast establishment shall not operate as a food service establishment (i.e. a restaurant), unless such use is a permitted use within the zoning district and the required permits have been acquired. (7) One paved (with materials such as bricks, concrete, asphalt concrete surface or chip-seal, pavers, stones) off-street parking stall shall be provided for each guest bedroom, in addition to the required stall(s) for the dwelling unit, except that in the RS, RA, FA and A districts paved parking stalls shall not be required as long as the material used for the parking stalls will eliminate erosion, mud and standing water within the parking stall area. (8) Exterior signage which advertises the dwelling as a bed and breakfast establishment shall comply with the requirements for residential signage as set forth in chapter 3 (advertising and signs), Hawai‘i County Code. (c) Any bed and breakfast establishment which has not received the required permits shall be considered illegal under this chapter, unless otherwise noted herein. (d) Any bed and breakfast establishment existing as of the effective date of this section and conforming to the standards contained in section 25-4-7(b) which has not received the permits required under section 25-4-7(a) may continue such use for twelve months following the effective date of this section. After this date, continued use without having submitted the necessary permit applications shall be considered illegal under this chapter. (e) The conditions contained in any use permit issued for a bed and breakfast establishment prior to the adoption of this section shall continue to apply to the bed and breakfast establishment, notwithstanding provisions to the contrary contained in this section. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 3; am 2012, ord 12-124, sec 5.)25-4-7 Section 25-4-8. Temporary real estate offices and model homes. (a) Temporary real estate offices for new developments shall be permitted in all districts except for the A, IA and O districts, and model homes for new developments shall be permitted in all districts except for the A, IA, MCX, ML, MG and O districts, provided that final subdivision approval of the development has been granted by the director and plan approval for any temporary real estate office and/or model home is secured from the director prior to the establishment of such use. (b) A temporary real estate office and model home shall also be subject to the following conditions: (1) The development in which the temporary real estate office and/or model home is proposed to be situated must consist of six or more lots and/or units. (2) The temporary real estate office and/or model home shall not be used for a period longer than twenty-four months from the date of plan approval by the director; provided that extensions may be granted by the director. 25-51 § 25-4-8 H AWAI‘I C OUNTY C ODE (3) If the temporary real estate office is established in a structure not otherwise permitted in the particular zoning district, the structure shall be removed co- terminus with the expiration of the temporary real estate office use. (4) The temporary real estate office and/or model home shall be used exclusively for marketing of lots and/or units located within the development in which it is to be located. In multi-phased developments, a temporary real estate office or model home may be allowed for each development phase for a period not to exceed twenty-four months. Time extensions may be granted by the director. (5) Parking for the temporary real estate office use shall be based on a minimum of one parking stall for each employee and a minimum of one parking stall for each four hundred square feet of gross floor area. The parking requirement may be satisfied off-site, provided that approval is secured from the director. (6) The temporary real estate office and/or model home shall comply with the minimum setback and height requirements of the particular zoning district. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-8 Section 25-4-9. Guest houses. One guest house may only be established on a building site that is at least seven thousand five hundred square feet in area. A guest house shall not exceed five hundred square feet in gross floor area, shall not be more than twenty feet in height, and shall not have a kitchen. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-9 Section 25-4-10. Mobile dwellings. All mobile dwellings shall conform to the County construction code, including chapters 5 and 5A through 5F, and the Public Health Housing Code (chapter 2 of the State public health regulations), except: (1) When parked in a licensed mobile home park; or (2) When occupied for dwelling or sleeping purposes outside of a licensed mobile home park for less than thirty days in any one location. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2020, ord 20-61, sec 10.)25-4-10 Section 25-4-11. Power lines, utility substations, public buildings. (a) Communication, transmission, and power lines of public and private utilities and governmental agencies are permitted uses within any district. (b) Any substation used by a public or private utility for the purpose of furnishing telephone, gas, electricity, water, sewer, radio, or television shall be a permitted use in any district provided that the use is not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. (c) Public uses, structures and buildings and community buildings are permitted uses in any district, provided that the director has issued plan approval for such use. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2006, ord 06-86, sec 2.)25-4-11 SUPP.9 (1-2021) 25-52 Z ONING § 25-4-12 Section 25-4-12. Telecommunication antennas or towers. (a) A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX, ML, MG and CDH districts; provided that the antenna, tower, and its use are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. A telecommunication antenna or tower may be permitted in the RS, RD, RM, RCX, RA, FA, A, IA, and O districts if a use permit is obtained for such use. Where there is an existing telecommunication tower, co- location of additional antenna or equipment will be permitted provided the director has issued plan approval for such use. (b) The minimum setbacks for a telecommunication antenna and tower are as follows: (1) Freestanding antennas and towers shall be set back from every property line a minimum of one foot for every five feet of antenna or tower height. (2) Telecommunication antennas and towers supported by guy wires shall be set back from every property line a minimum of one foot for every one foot of antenna or tower height. (c) The tower, together with the initial antennas or other equipment proposed to be installed thereon, shall have a hard survivability for sustained winds of at least one hundred miles per hour. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2010, ord 10-17, sec 3; am 2011, ord 11-25, sec 2.)25-4-12 Section 25-4-13. Home occupations. (a) A home occupation shall be permitted as incidental and subordinate to the use of a dwelling in any district in which a dwelling is located, provided that the home occupation does not change the character and external appearance of the dwelling. (b) All home occupations shall comply with the following standards: (1) The home occupation shall be conducted either entirely within the dwelling or, if outside the dwelling, the activity shall be screened from public view. (2) No exterior signs, symbols, displays or advertisements relating to the home occupation shall be displayed, nor shall any interior signs be visible from the public view. (3) Any materials, supplies or products relating to the home occupation which are stored outside of the dwelling or other fully enclosed building shall be screened from the public view. (4) Articles sold on the premises shall be limited to those produced by the home occupation, or to instructional materials pertinent to the home occupation, or to services provided by the home occupation. (5) Only one employee shall be permitted in addition to household members under the home occupation. 25-53 § 25-4-13 H AWAI‘I C OUNTY C ODE (6) A minimum of one parking space shall be provided on the building site in addition to parking required for the dwelling use or other permitted uses if the home occupation involves customer or client visits or meetings. The director may require additional parking spaces where the director finds that such additional parking spaces may be reasonably necessary to avoid off-site or inappropriate parking locations. Any resident of a multiple-family dwelling may fulfill the parking requirement by the use of guest parking with the written approval of the building owner, manager or condominium association. (c) A person desiring to engage in a home occupation that involves any of the following activities, shall file with the director, a declaration in the form designated by the director, verifying that the home occupation will comply with all of the conditions contained in subsection (b) and will not involve any of the activities listed under subsection (e): (1) Frequent customer or client visits; (2) Frequent deliveries or pickups; (3) Storage of materials, supplies or products related to the home occupation outside of the dwelling or other fully enclosed building; (4) Activities conducted outside of the dwelling; or (5) Group instruction. (d) A special permit shall be obtained for any home occupation on a building site that is situated within either the State land use rural or agricultural district. (e) The following activities shall not be permitted as home occupations: (1) Contractor storage yards, including without limitation, the storage, use, repair or fabrication of equipment designed or intended for use in land excavation or in the construction of buildings or other structures or other similar heavy equipment. (2) Repair, fabrication or painting of automobiles or other motorized vehicles, except those owned by household members and which are not sold or made available for sale within one year of such activity regarding any particular vehicle. (3) Care, treatment or boarding of animals in exchange for money, goods, services or other consideration. (4) Any activities and uses which are only permitted in industrial districts. (f) Any home occupation existing as of December 7, 1996, which involves any of the activities listed under subsection (c) may continue as a nonconforming use until September 30, 1997, at which time any such continued use without the filing of a declaration, as provided under subsection (c) shall be considered illegal under this chapter. Prior to September 30, 1997, any person may file a declaration for any home occupation existing as of December 7, 1996, which involves any of the activities listed under subsection (c), and upon the filing of such declaration, the use shall be considered a permitted use. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-13 25-54 Z ONING § 25-4-14 Section 25-4-14. Flag lots. A flag lot shall be permitted when sufficient street frontage is not available for more than one building site, provided the following conditions are met: (1) The access drive connecting the building site with the street shall have a minimum width of fifteen feet. (2) The access drive shall be the sole access for only one building site, unless dual access is approved by the director after consultation with the director of public works. (3) The building site area, including the access drive, shall be the minimum building site area required for the zoning district. (4) The minimum yards for a flag lot, excluding the access drive, shall be the minimum side yards required for a building site in the applicable zoning district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1.)25-4-14 Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to plan approval and in conformance with section 25-4-15(d). (c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (d) Agricultural tourism operations shall comply with the following regulations: (1) The agricultural activity or agricultural products processing facility must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non-agricultural activities, for the year preceding the commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director’s satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales; (2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily; (3) The agricultural tourism operation shall have a maximum of thirty thousand visitors annually; (4) All visitor and employee parking, loading/unloading, and vehicular turn- around areas shall be located off-street; 25-55 § 25-4-15 H AWAI‘I C OUNTY C ODE (5) The total area of spaces, including covered decks, lanais, tents or canopies, and gazebos, whether newly constructed or within existing structures, to be utilized principally for the agricultural tourism activity, but not including parking and vehicular access areas, shall not exceed one thousand square feet; (6) Gross revenues from agricultural tourism shall not exceed the gross revenues of the associated agricultural activity and/or agricultural products processing facility, including revenues from adjacent parcels under the same ownership, except where it can be demonstrated to the director’s satisfaction that the gross agricultural products/processing income is less than fifty percent of the total income due to unforeseen environmental or economic conditions for not more than two consecutive years, or, in the case of a new agricultural activity or agricultural products processing facility, that sufficient investment has been made so that it is reasonable to project that the operation’s gross revenues from agricultural tourism will not exceed fifty percent of gross revenues, and provided further, that the sale of all items which include agricultural products grown or processed by the associated agricultural activity or agricultural processing facility shall be included in the gross revenues of the associated agricultural activity or agricultural processing facility; (7) Sales of agricultural products grown on the island of Hawai‘i, and processed agricultural products where the main ingredient was grown on the island of Hawai‘i shall be allowed as part of the agricultural tourism operation. Incidental sales of non-agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site’s agricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; (8) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; and (9) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval. (e) Any agricultural tourism activity that is not in compliance with the regulations under section 25-4-15(d) or appropriately permitted as provided by section 25-4- 15(c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing prior to the effective date of this section and conforming to the standards contained in section 25-4-15(d) and that has not received plan approval, may continue such use until May 20, 2010. After this date, continued use without having received plan approval shall be considered illegal under this chapter. 25-56 Z ONING § 25-4-15 (g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, 2010, and, if an application for a special permit or a use permit has been received and accepted by May 20, 2010, may continue such use until final action has been taken on the application. After May 20, 2010, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. (h) Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit, or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4-15(d). (i) An agricultural tourism activity that obtains plan approval, but becomes non- compliant with the standards of section 25-4-15(d) because of an increase in the number of visitors, shall apply for a special permit, but may continue to operate until a final decision is made on the special permit application. (j) An agricultural tourism activity which has received plan approval shall submit financial records to the director on request to verify compliance and shall maintain a count of visitors which shall be furnished to the director on request. (k) The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism activity complies with section 25-4-15(d)(3), and may require that an activity allowed with plan approval apply for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the special permit. (2008, ord 08-155, sec 9; am 2009, ord 09-143, sec 2.) 25-4-15 Section 25-4-16. Short-term vacation rentals. (a) Short-term vacation rentals; where permitted, specific prohibitions. (1) Short-term vacation rentals shall be permitted in the: (A) V, CG, and CV districts; (B) Residential and commercial zoning districts, situated in the General Plan Resort and Resort Node areas; and (C) RM district, for multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 514B, Hawai‘i Revised Statutes. (2) Private covenants prohibiting use of any unit as a short-term vacation rental shall not be invalidated by this chapter. (b) Registration of all short-term vacation rentals. (1) Short-term vacation rentals in existence on or before April 1, 2019 shall register with the director and pay a one-time fee of $500. The registration form and associated fee shall be submitted to the planning department no later than September 30, 2019. (2) Any new short-term vacation rental established in a zoning district after April 1, 2019, where such use is permissible pursuant to this SUPP. 6 (7-2019) 25-57 § 25-4-16 H AWAI‘I C OUNTY C ODE section, shall register with the director and pay a one-time fee of $500 prior to use of such rental. (3) Short-term vacation rentals shall only be established within a dwelling that has been issued final approvals by the building division for building, electrical, and plumbing permits. (4) Owners of short-term vacation rentals shall register by submitting a form to the planning department in a format prescribed by the director. The registration form, at a minimum, shall require: (A) Verification that State of Hawai‘i general excise tax and transient accommodations tax licenses are in effect and verification that County property taxes are paid in full; (B) Certification that the requisite amount of parking pursuant to section 25-4-51, is available; (C) Submittal of a site plan showing the location of the rooms for rent and requisite parking; and (D) Verification that notification letters from nonconforming use applicants have been sent to all 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 short-term vacation rental property. The notification letter shall provide detailed information about the short-term vacation rental operation including: number of units being rented; maximum number of guests permitted; number and location of required parking spaces; and instructions on how to submit complaints to the planning department about the subject rental operation. (5) Owners of short-term vacation rentals shall notify the director when a short- term vacation rental establishment permanently ceases to operate for any reason. (6) Upon change in ownership, the new owner shall notify the director forthwith of the change in ownership and provide contact information for the reachable person. Registration shall automatically continue, subject to termination by the new owner. (7) Any short-term vacation rental that has not lawfully registered within the deadlines set forth in this section shall be considered an unpermitted use and subject to the penalties set forth in this chapter until such time as proper registration and compliance with applicable requirements of this section are obtained. (c) Standards. All short-term vacation rentals shall be subject to the following standards: (1) The owner or reachable person shall reside in the County of Hawai‘i and shall be reachable by guests, neighbors, and County agencies on a twenty-four hour, seven days-per-week basis. The owner shall notify the planning department of any changes to their contact information forthwith. (2) Good neighbor policy. The owner or reachable person shall be responsible to ensure that activities taking place within the short-term vacation rental SUPP. 6 (7-2019) 25-57.1 Z ONING § 25-4-16 conform to the character of the existing neighborhood in which the rental is located. At a minimum, the following shall be prominently displayed within the dwelling unit and recited in the rental agreement signed by the tenant: (A) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during which time the noise from the short-term vacation rental shall not unreasonably disturb adjacent neighbors. (B) Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. (C) Guest vehicles shall be parked in the designated onsite parking area. (3) All print and internet advertising of short-term vacation rentals, including listings with a rental service or real estate firm, shall include the registration or nonconforming use certificate number. (4) A copy of the registration as well as the reachable person’s name and phone number, shall be displayed on the back of the front door of the sleeping quarters. (5) Off-street parking shall meet the requirements set forth in section 25-4-51 and applicable parking standards in this chapter. (6) Any commercial signage that advertises a short-term vacation rental shall comply with the requirements of section 22-2.6 and chapter 3 of this Code. (d) Complaints and public information. The director shall: (1) Receive and track complaints regarding short-term vacation rentals; (2) Provide information about rules, policies, and procedures pertaining to short- term vacation rentals to property owners, managers, neighbors, and the general public; and (3) Maintain a list of all short-term vacation rentals that have registered or received a nonconforming use certificate. (e) Director duties in event of emergency. In the event of a declared emergency, natural or manmade, where a significant number of nonconforming short-term vacation rentals are permanently lost within any given judicial district, the director shall assess the effect of such loss upon the affected district and if deemed necessary, initiate legislative and administrative opportunities to restore such loss in short-term vacation rental capacity within the district of origin. (2018, ord 08-114, sec 2.) 25-4-16 Section 25-4-16.1. Short-term vacation rental nonconforming use certificate. (a) Nonconforming use certificate. In addition to registering pursuant to 25-4-16(b)(1), the owner of any short-term vacation rental which operated outside of a permitted zoning district prior to April 1, 2019, shall obtain a short-term vacation rental nonconforming use certificate in order to continue to operate. This certificate must be renewed annually. Applications for nonconforming use certificates must be submitted to the director no later than September 30, 2019. SUPP. 6 (7-2019) 25-57.2 § 25-4-16.1 H AWAI‘I C OUNTY C ODE (b) Evidence of prior use. (1) The applicant seeking a short-term vacation rental nonconforming use certificate shall have the burden of proof in establishing that the property was in use prior to April 1, 2019 and that the dwelling has been issued final approvals by the building division for building, electrical, and plumbing permits. Evidence of such use prior to April 1, 2019 may include tax documents for the relevant time period or other reliable information. (c) Issuance of initial nonconforming use certificate. (1) The director shall determine whether to issue a short-term vacation rental nonconforming use certificate for a short-term vacation rental based on the evidence submitted and other pertinent information. (2) Issuance of an initial nonconforming use certificate may be denied if the director verifies any of the following: (A) The applicant has violated pertinent laws, such as not securing and finalizing necessary building permits for the dwelling; (B) The owner is delinquent in payment of State of Hawai‘i general excise tax, transient accommodations tax, or County property taxes, fees, fines, or penalties assessed in relation to the short-term vacation rental; or (C) Evidence of non-responsive management, such as issuance of a notice of violation, police reports, or verified neighbor complaints of noise or other disturbances relating to the short-term rental operations. (d) Annual renewal. (1) Nonconforming use certificates must be renewed every year on or before the expiration date indicated on the certificate. (2) At the time of renewal the applicant shall pay a renewal fee of $250 to the director of finance. (3) Renewal of a nonconforming use certificate shall be denied if the director finds that the short-term vacation rental use has been abandoned pursuant to section 25-4-62. (4) Renewal of a nonconforming use certificate may be denied if the director verifies any of the following: (A) Any of the criteria for denial in section 25-4-16.1.(c)(2); (B) The owner or reachable person has not been reachable; or (C) The renewal request and renewal fee were not received on or before the expiration date indicated on the certificate. (e) Agricultural lands. In the State land use agricultural district, a short-term vacation rental nonconforming use certificate may only be issued for single-family dwellings on lots existing before June 4, 1976. (f) Notice of denial of a nonconforming use certificate and appeal. (1) Notice of a decision by the director to deny the initial issuance or renewal of a nonconforming use certificate shall be transmitted in writing to the property owner. SUPP. 6 (7-2019) 25-57.3 Z ONING § 25-4-16.1 (2) Within thirty days after the receipt of a notice of denial, the owner may appeal to the board of appeals as provided by section 6-9.2, County Charter and sections 25-2-20 through 25-2-24. (g) Display. Current short-term vacation rental nonconforming use certificates shall be displayed in a conspicuous place on the premises that is readily visible to an inspector. In the event that a single address is associated with numerous nonconforming use certificates, a listing of all units at that address holding current certificates may be displayed in a conspicuous, readily visible common area instead. (2018, ord 08-114, sec 2.) 25-4-16.1 Section 25-4-16.2. Prima facie evidence; short-term vacation rentals. Advertising of any sort that offers a property as a short-term vacation rental shall constitute prima facie evidence that a short-term vacation rental is operating on that property. The burden of proof shall be on the owner or operator to establish either that the property is not being used as a short-term vacation rental or that it is being used for such purpose legally. (2018, ord 08-114, sec 2.) 25-4-16.2 Section 25-4-16.3 Short-term vacation rental enforcement account. (a) Pursuant to section 10-12, Hawai‘i County Charter, a special fund to be known as the “short-term vacation rental enforcement fund” is created. This fund shall be administered by the director. (b) The purpose of the fund is to support efforts to enforce the County’s short-term vacation rental law. (c) This account shall be funded by all fees and fines collected in connection with the administration and enforcement of the County’s short-term vacation rental law. (d) The funds in this account shall be utilized to pay for expenses that facilitate enforcement of the County’s short-term vacation rental enforcement law. (2018, ord 08-114, sec 2.) 25-4-16.3 Division 2. Heights. Section 25-4-20. Height; general rules. (a) No building or structure hereafter erected shall exceed the established zoning district height limit, except as hereinafter permitted or otherwise regulated. (b) If any existing structure exceeds the established zoning district height limits, it shall not be further increased in height. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-20 Section 25-4-21. Basements and underground structures. In all districts, any number of floors below ground may be permitted. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-21 SUPP. 6 (7-2019) 25-57.4 § 25-4-22 H AWAI‘I C OUNTY C ODE Section 25-4-22. Exemptions from height limitations. The following structures are exempt from zoning district height limits under the specified restrictions: (a) Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles, vent pipes, fans, structures housing or screening elevator machinery and other similar features, not to exceed ten feet above the governing height limit. (b) Safety railings not to exceed forty-two inches above the governing height limit. (c) Utility poles and lines and telecommunication antennas not to exceed five hundred feet from existing grade. (d) One antenna for an amateur radio station operation per building site, not to exceed ninety feet above existing grade. (e) Wind machines, where permitted, provided that each machine shall be set back from all property lines one foot for each foot of height, measured from the highest vertical extension of the system. (f) Any energy savings device, including heat pumps and solar collectors, not to exceed eight feet above the governing height limit. (g) Nonresidential agricultural structures in the A and IA districts, not to exceed one hundred feet, as approved by the director upon finding that the additional height above forty-five feet is necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-22 Section 25-4-23. Accessory structure height limitations. An accessory structure shall not exceed twenty feet in height, unless otherwise specified in this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-23 Division 3. Street Frontage, Lot Areas and Widths. Section 25-4-30. Minimum street frontage. The following minimum street frontage standards apply to every building site: (a) Fifty percent of the required building site average width for any building site in a zoning district providing for a minimum building site of one acre or less, except for flag lots, any building site located at the end of a cul-de-sac, and any building site where the access to the building site is by means of a roadway easement. (b) One hundred feet for any building site in a zoning district providing for a minimum building site of over one acre, except for flag lots, any building site located at the end of a cul-de-sac, and any building site where the access to the building site is by means of a roadway easement. (c) The width of the pole or fifteen feet for any flag lot. (d) Fifteen feet for any building site located at the end of a cul-de-sac. (e) No street frontage shall be required for any building site where access to the building site is by means of a roadway easement. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-30 25-58 Z ONING § 25-4-31 Section 25-4-31. Minimum building site area; minimum average width. (a) Unless otherwise specified in this chapter, each main building must be located on a building site having not less than the established zoning district minimum building site area. (b) Any building site which has less area or width than that required by the established zoning district, may be used as a legal building site; provided that the owner of the building site owns no adjoining property at the same time. (c) A building site shall be deemed to conform to the requirements for building site average width if any portion of the building site considered separately has the minimum building site area with the minimum average width. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-31 Section 25-4-32. Reduction of building site below minimum area. (a) A building site may not be reduced below the established zoning district minimum building site area, and an existing building site, which is below the minimum building site area, may not be further reduced in area, except as provided under section 25-3-5. (b) Any legal building site reduced in area or average width by not more than twenty percent, by reason of the establishment of future width lines or plan lines for future streets or by the acquisition by a public agency for public purposes, shall be deemed to be a legal building site as to the remainder of the building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-32 Section 25-4-33. Effect of delinquent tax sale; recordation of land. Any parcel of land that is not otherwise a legal building site does not become a legal building site by virtue of being sold at a delinquent tax sale, or by reason of recordation of the parcel of land at the State bureau of conveyances. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-33 Section 25-4-34. Waiver of minimum building site area for utilities. The required minimum building site area may be waived by the director for public utility or public rights-of-way subdivisions, or both, and any resulting remnant parcels. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-34 Division 4. Yards and Open Space. Section 25-4-40. General requirements for yards and open space. (a) On every building site, yards of the minimum width or depth as specified for the established zoning district shall be maintained open and unobstructed from the ground up, except as specified in sections 25-4-40 through 25-4-47. (b) No required yard or open space may fulfill the requirement for more than one building, building site, or use. (c) A building site shall have a front yard wherever it has a street frontage, except where the option of either a front or rear yard is allowed in CV and CG districts. 25-59 § 25-4-40 H AWAI‘I C OUNTY C ODE (d) In CV and CG districts, where the building site is bounded by two or more streets, a minimum of one front yard shall be required. Its location shall be determined by taking into account the relationship and impact of the development to the adjoining streets. (e) Unless otherwise specified, yards, open spaces, and distances shall be measured horizontally. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-40 Section 25-4-41. Triangular or irregular building sites. (a) On any triangular-shaped building site, the rear yard shall be measured from the point most nearly opposite the street line and in the same manner as for a corner building site. (b) In the event a building site is so irregular in shape that it is impossible to establish side and rear yards, the director shall view the relationship between the building site and surrounding property and shall specify the required yards. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-41 Section 25-4-42. Corner building sites. (a) On any corner building site, the interior lines shall be side lot lines and all rear yard regulations shall be inapplicable. (b) On any corner building site in all zoning districts except in the CN district, within the area of a triangle formed by the street lines of such building site (ignoring any corner radius), and a line drawn between points on such street lines twenty-five feet from the intersection thereof, no fence, wall, hedge, or building shall be higher than three feet nor shall there be any obstruction to vision other than a post, column, or tree trunk clear of branches or foliage, between the height of three feet and eight feet above the level of the street or the level of the point of intersection if the streets are sloping. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-42 Section 25-4-43. Fences and accessory structures. (a) A perimeter boundary fence, wall or similar feature, six feet or less in height shall not be considered a structure and shall be permitted without any front, side or rear yard requirements. In addition, a fence which is constructed of strand material, such as barbed wire, hog wire, or chain link, which allows “see-through” visibility is permitted to a height of eight feet without any front, side, or rear yard requirements. (b) No fence, wall, architectural feature, or other obstruction shall be placed or be without gates or openings so as to prohibit complete access around any main building at all times. (c) Any accessory structure, including any fence, or wall over six feet in height, architectural feature or water tank, which is not connected to a building, may not extend into any required front, side or rear yard, but may be located next to any building without any open space requirement. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-43 25-60 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 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 25-61 § 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 § 25-4-51 (20) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. (21) Schools (elementary and intermediate): one for each twenty students of design capacity, plus one for each four hundred square feet of office floor space. (22) Schools (high, language, vocational, business, technical and trade, college): one for each ten students of design capacity, plus one for each four hundred square feet of office floor space. (23) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. (24) Swimming pools (community): one for each forty square feet of pool area. (25) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area. (b) No additional parking is required for any change of use in a building as long as the previous use of the building had the required number of parking stalls for that use; provided, that additional parking may be required for a change of use in any building where the building is converted from residential to commercial use or from warehouse and manufacturing use to retail or commercial use. (c) Where uses and activities do not occur simultaneously, parking space requirements may be shared, provided that: (1) The utilization of the combined parking is shown to the satisfaction of the director to be noncompeting as to time of use; (2) The number of parking spaces is based on the largest parking requirement of those respective facilities; (3) The parking areas are not more than one thousand feet from any of the buildings housing the activities; and (4) The parking areas are encumbered for that use for the life of the facilities being served. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 10; am 2012, ord 12-91, sec 3; am 2013, ord 13-95, sec 1; am 2014, ord 14-85, sec 2; am 2017, ord 17-31, sec 2; am 2021, ord 21-26, sec 4.)25-4-51 Section 25-4-52. Method of determining number of parking spaces. (a) When computation of required parking spaces results in a fractional number, the number of spaces required shall be the next highest whole number. (b) In stadiums, sports arenas, meeting facilities, and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-four inches of width shall be counted as a seat for the purpose of determining requirements for off-street parking. (c) If bicycle parking stalls are constructed on any building site, the total number of required parking spaces shall be reduced by one parking space for every five bicycle parking stalls constructed. (d) At least sixty-seven percent of the required parking shall be standard-sized parking spaces, and thirty-three percent may be compact spaces. (e) The director may increase the required number of parking spaces for any use during plan approval if the director reviews the proposed use and its impact to the immediate area and finds that the increase will further the public safety, convenience and welfare. SUPP. 10 (7-2021) 25-63 § 25-4-52 H AWAI‘I C OUNTY C ODE (f)If there is any doubt as to the requirements for off-street parking for any use not specifically mentioned or for any other reason, the director shall determine the required number of parking spaces for such use. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-52 Section 25-4-53. Minimum dimensions of parking spaces. (a) Standard-sized automobile parking spaces shall be at least eighteen feet in length and eight feet six inches in width, with curbside parallel spaces at least twenty-two feet in length. (b) Compact spaces shall be at least sixteen feet in length and seven feet six inches in width, with curbside parallel spaces at least eighteen feet in length. (c) Minimum aisle widths for parking bays shall be provided in accordance with the following: Angle of Parking to CurbMinimum Width 12’ to 0 (parallel) 14’ to 45 18’ to 60 24’ to 90(perpendicular) (d) Parking spaces may have a three-foot unpaved car overhang area. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-53 Section 25-4-54. Standards and improvements to off-street parking spaces. (a) All parking spaces shall be arranged so as to be individually accessible. (b) Except for one duplex dwelling or two single-family dwellings on any single building site, access to any individual parking space shall not be directly from or to a street but must be reached from an on-site access driveway of proper design and width to allow for passage of vehicles and necessary turning movements. (c) In V, CN, CG, CV, MCX, ML, MG, RD, RM and RCX districts, parking spaces shall be paved. (d) For any permitted use in the RS, RA, FA, A or IA districts, the pavement of parking spaces is not required, and any material may be used for the parking spaces that will eliminate erosion, mud and standing water. (e) For any parking space containing a building column, that column may intrude six inches into the required width, provided that the building column shall not be located at the entry of the parking space. A wall shall not be considered a building column. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-54 SUPP. 13 (1-2023) 25-64 Z ONING § 25-4-54.1 Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging systems. (a) All applications for plan approval for new places of public accommodation shall be subject to the following electric vehicle charger installation and dedicated, standard size, parking space requirements, for each increment of fifty parking stalls: (1) Networked alternating current Level 2 charger(s) with a total of at least two plugs and two dedicated parking stalls for applications received by December 31, 2023; (2) Networked alternating current Level 2 charger(s) with a total of at least four plugs and four dedicated parking stalls for applications received by December 31, 2025; (3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, and six dedicated parking stalls for applications received by December 31, 2027; and (4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs and eight dedicated parking stalls for applications received by December 31, 2029. (b) All applications for plan approval for existing places of public accommodation shall be subject to the following electric vehicle charger installation and dedicated, standard size, parking space requirements, for each increment of fifty parking stalls: (1) Networked alternating current Level 2 charger(s) with a total of at least two plugs and two dedicated parking stalls for applications received by December 31, 2025; (2) Networked alternating current Level 2 charger(s) with a total of at least four plugs and four dedicated parking stalls for applications received by December 31, 2027; (3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, and six dedicated parking stalls for applications received by December 31, 2029; and (4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs and eight dedicated parking stalls for applications received by December 31, 2031. (c) Existing places of public accommodation not subject to subsection (b) shall comply with section 291-71, Hawaii Revised Statutes, by December 31, 2025 and are otherwise subject to the other provisions of this section. (d) All existing electric vehicle chargers must be actively maintained in good working order. (e) A dedicated parking space must be provided for each electric vehicle plug. Dedicated parking spaces for electric vehicle charging must be clearly marked and include signage that states that parking is only for electric vehicles that are actively charging. SUPP. 13 (1-2023) 25-65 § 25-4-54.1 H AWAI‘I C OUNTY C ODE (f)At least one of the parking spaces designated for electric vehicles shall be an accessible stall as defined by the Americans with Disabilities Act. This space shall not displace or reduce other accessible stalls required by the Americans with Disabilities Act. (g) Electric vehicle charging stations shall only be required to be available for use by the public during such times as the place of public accommodation is also open for public use. (h) Site owners are not precluded from charging a fee for the use of the charging station or additional fees should a vehicle remain in the space after charging has been completed. (2022, ord 22-95, sec 4.) 25-4-54.1 Section 25-4-54.2. Alternatives and exemptions; parking for electric vehicles; electric vehicle charging systems. (a) For each set of eight plugs required under the applicable subsection of section 25-4-54.1, the requirements may alternatively be met by one direct current fast charger, provided that there is at least one Level 2 compatible plug for each requirement of eight plugs. (b) Places of public accommodation shall be exempted from the applicable requirements of section 25-4-54.1 if: (1) Documentation is provided by a qualified professional or the public electric utility verifying the lack of established electrical service or adequate electrical infrastructure to provide electrical service capable of supporting alternating current Level 2 charging stations. (2) The location is identified as being in the highest flood risk zone as established by the Federal Emergency Management Agency’s Digital Flood Insurance Rate Map. (c) Owner(s) of multiple parking facilities within the State of Hawai‘i who intend to use the aggregation allowance in section 291-71, Hawai‘i Revised Statutes, shall provide the director with documentation to demonstrate that the electric vehicle charging requirements have been met at the time of application for plan approval. (2022, ord 22-95, sec 4.) 25-4-54.2 Section 25-4-55. Parking for persons with disabilities. Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2016, ord 16-98, sec 1.) SUPP. 13 (1-2023) 25-66 Z ONING § 25-4-56 Section 25-4-56. Off-street loading requirements. Off-street loading requirements shall apply to all buildings having a gross floor area of at least five thousand square feet, except for single-family residential units, in all zoning districts. The minimum number of off-street loading spaces shall be as follows: Floor Area Loading Space Use or Use Category in Square Feet Requirements 5,00010,0001 2 1. Commercial and industrial uses, including 20,003 retail and wholesale operations, eating and drinking establishments, business 4 services, personal services, repair, 0005 manufacturing and self storage facilities, Each additional but excluding offices 50,000 or major 1 fraction thereof 1 ,0002 2. Hotels, hospital or similar institutions, 3 and places of public assembly Each additional 100,000 or major 1 fraction thereof 1 2 3. Offices or office buildings Each additional 100,000 or major 1 fraction thereof Number of Units 150 1 2 4. Multiple-family dwellings Each additional 200 or major 1 fraction thereof (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-56 Section 25-4-57. Method of determining number of loading spaces. (a) The gross floor area of a building shall be used to determine the required number of loading spaces for that building. (b) When a building is used for more than one use, and the gross floor area for each use is below the minimum requiring a loading space, and the aggregate gross floor area of the several uses exceeds the minimum floor area of the use category requiring the greatest number of spaces, at least one loading space shall be required. 25-67 § 25-4-57 H AWAI‘I C OUNTY C ODE (c) The number of loading spaces required may be adjusted to fifty percent of the required number when such spaces are assigned to serve two or more uses jointly, provided that each use has access to the loading zone without crossing public streets or sidewalks. (d) When computation of required loading space results in a fractional number, the number of spaces required shall be the next highest whole number. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-57 Section 25-4-58. Dimension of loading spaces. (a) When only one loading space is required and the total gross floor area is not more than five thousand square feet, the horizontal dimensions of the loading space shall be ten feet wide and twenty-two feet long, and the vertical clearance shall be at least fourteen feet. (b) When only one loading space is required and the total gross floor area is more than five thousand square feet, the horizontal dimensions of the loading space shall be twelve feet wide and fifty feet long, and the vertical clearance shall be at least fourteen feet. (c) When more than one loading space is required or the total gross floor area is more than five thousand square feet, the minimum horizontal dimension of at least half of the required loading spaces shall be twelve feet wide and fifty feet long, and the vertical clearance shall be at least fourteen feet. The balance of the required loading spaces may have horizontal dimensions of ten feet wide and twenty-two feet long. (d) The required apron space, or area provided for maneuvering trucks into or out of loading position, shall be forty-six feet if the loading space width is ten feet, forty- three feet if the loading space width is twelve feet, and thirty-nine feet if the loading space width is fourteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-58 Section 25-4-59. Location and improvement of loading spaces. (a) All required loading spaces shall be located on the building site to which they are appurtenant. No loading spaces shall be permitted within any street or alley. (b) Each required loading space shall be identified as such and shall be reserved for loading purposes. (c) No loading space shall occupy required off-street parking space or restrict access. (d) Access to any loading space shall not be directly from or to a street but must be reached from an on-site access driveway of proper design and width to allow for passage of trucks and necessary turning movements. (e) All loading spaces and apron spaces or maneuvering areas shall be paved. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-59 25-68 Z ONING § 25-4-59.1 Section 25-4-59.1. Director determination of parking and loading requirements. (a) The director may increase any of the requirements in this chapter for parking spaces and loading spaces, after reviewing the proposed use and the use’s impact to the immediate area, if the director makes a finding that the increase will further the public safety, convenience, and welfare. (b) In case there is any doubt as to the requirements for parking or loading spaces for any use not specifically mentioned, or for any other reason, the director shall make such determination. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-59.1 Section 25-4-59.2. Exceptions to the off-street parking and loading requirements. The off-street parking and loading requirements of this chapter shall not apply to the following: (a) Non-residential uses located within that area in the City of Hilo, bounded by Kino‘ole Street, Ponahawai Street, and an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. (b) Dwelling units with a maximum density of one thousand square feet of land area per unit or less, within that area in the City of Hilo, bounded by Kino‘ole Street, Ponahawai Street, and an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. (c) That area immediately fronting either side of that portion of the Hawai‘i Belt Highway which runs from the real property designated as tax map key no: 7-9-7-66 to the real property designated as tax map key no: 7-9-9:22, in Kainaliu, North Kona. (d) Those lots in the PVD district having a total area of less than seven thousand five Village Road between Post Office Road and th Road; provided that any lot created through parcel consolidation does not result in a lot having a total area of seven thousand five hundred square feet or more, or a parcel consolidation and resubdivision that results in the creation of additional building sites after May 28, 2015 shall provide off-street parking in accordance with the requirements of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2013, ord 13-95, sec 2; am 2015, ord 15-44, sec 3.)25-4-59.2 25-69 § 25-4-59.3 H AWAI‘I C OUNTY C ODE Section 25-4-59.3. Landscaping and screening for parking lots and loading spaces. (a) To provide shade in open parking lots and minimize visibility of paved surfaces, parking lots with more than twelve parking stalls shall provide one canopy form tree with a minimum of two-inch caliper for every twelve parking stalls or major fraction thereof and having a planting area or tree well no less than thirty square feet in area. If wheel stops are provided, continuous planting areas with low groundcover centered at the corner of parking stalls may be located within the three-foot overhang space of parking stalls. Hedges and other landscape elements, including planter boxes over six inches in height, are not permitted within the overhang space of the parking stalls. Trees shall be sited so as to evenly distribute shade throughout the parking lot. (b) Parking lots of five or more spaces shall be screened from adjoining lots in RS, RD, RM, RCX or RA districts by walls, continuous screening hedges, or earth berms a minimum off forty-two inches high on the abutting property line. (c) All loading spaces shall be screened from adjoining lots in RS, RD, RM, RCX or RA districts by a wall six feet in height. (d) Xeriscape and native Hawaiian plant species shall be encouraged. (e) All landscaping shall be maintained by the property owner. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-59.3 Division 6. Nonconforming Uses and Buildings. Section 25-4-60. Nonconforming buildings; maintenance and repair. (a) Any nonconforming building, except as otherwise regulated, may be repaired, maintained, or enlarged provided that any enlargement or addition shall conform in every respect to the regulations for the district in which it is located, except as provided in this division. (b) If the portion of the building that is nonconforming should be destroyed it may only be rebuilt in compliance with all of the requirements of the County construction code, including chapters 5 and 5A through 5F for reconstruction and repair of nonconforming buildings. (1996, ord 96-160, sec 2; ratified April 6, 1999.; am 2002, ord 02-89, sec 1; am 2020, 25-4-60 ord 20-61, sec 11.) Section 25-4-61. Continuance of nonconforming uses of land and buildings. (a) Any nonconforming use of land or use of a building may continue to the extent it existed on December 7, 1996 or at the time of the adoption of any amendments to this chapter, provided that a nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved in whole or in part to any other portion of the building site occupied by such nonconforming use, except as provided in this division. SUPP. 9 (1-2021) 25-70 Z ONING § 25-4-61 (b) Public buildings, public or private power and telephone facilities including offices and plants existing prior to May 24, 1967 may be enlarged or increased to occupy a greater area of land or building, notwithstanding the limitations contained in this section. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-89, sec 1.)25-4-61 Section 25-4-62. Abandonment of nonconforming use. If any nonconforming use ceases for any reason for a continuous period of twelve calendar months, or for one season if the use be seasonal, then such use shall not be resumed and any use of the land or building or both thereafter shall be in full conformity with the provisions of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-89, sec 1.)25-4-62 Section 25-4-63. Destruction of building with nonconforming use. Except as provided in this division, if the portion of any building within which a nonconforming use is conducted should be destroyed or damaged by any means to an extent equivalent to at least fifty percent of its replacement value, exclusive of foundations, then such damaged or destroyed portion may not be restored unless the use of the building is changed to a conforming use. If the damage or destruction is less than fifty percent of its replacement value, exclusive of foundation, then the building may be restored and such use may be resumed as it existed, provided that such restoration shall be completed within one year from the date of such damage or destruction. The department of public works shall determine the extent of damage to determine whether the building may be restored and resume its existing nonconforming use. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-89, sec 1.)25-4-63 Section 25-4-64. Maintenance of building with nonconforming use. Except as provided in this division, any building within which a nonconforming use is conducted may be maintained and repaired to the extent necessary to keep it in sound condition provided the work shall not exceed twenty-five percent of the current replacement value of such building, in any one calendar year as determined by the department of public works. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-89, sec 1.)25-4-64 Section 25-4-65. Expansion of nonconforming use; changes to building with nonconforming use. If a use of a building is nonconforming because of a particular requirement of the district within which it is located (e.g. parking, yards, height, distance between buildings), then the use may be enlarged and the building may be changed or added to, provided such enlargement, change or addition is itself in full compliance with the district regulations. 25-4-65 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-89, sec 1.) 25-71 § 25-4-65.1 H AWAI‘I C OUNTY C ODE Section 25-4-65.1. Exceptions to nonconforming use and building provisions. The following shall be exceptions to this division: (1) A multiple-family building or use, when the non-conforming situation is the consequence of an amendment to the general plan and associated zoning, may be replaced, repaired or reconstructed to its as-built density, height and setbacks, if the applicable zoning would permit construction of a single-family residence, provided the repair or reconstruction otherwise complies with the current building code. Construction shall commence within five years from the date the building is damaged or destroyed; or (2) A building made nonconforming with respect to the number of required parking spaces may be replaced or reconstructed if destroyed or damaged, to its prior condition, with the number of parking spaces required when it was built, provided that the director shall require additional parking be provided if it is feasible to do so, and construction shall commence within five years from the date the building is damaged or destroyed. (2002, ord 02-89, sec 1; am 2007, ord 07-179, sec 2.)25-4-65.1 Division 7. De Minimis Structure Position Discrepancy. Section 25-4-66. Procedure for recognizing a de minimis structure position discrepancy. An application for recognition of a de minimis structure position discrepancy shall be filed with the director and shall include: (a) A description of the property in sufficient detail to determine the precise location of the property involved. (b) A plot plan of the property, prepared by a licensed surveyor, showing existing improvements, and the improvement(s) and relevant distances for the de minimis structure position discrepancies. (c) A description of the nature of the improvements involved in the de minimis structure position discrepancies. (d) A statement by the landowner that to the best of the landowner’s knowledge and information, the improvements were placed without actual knowledge that they did not meet the minimum yard or open space requirements. (e) A filing fee of $25. (2002, ord 02-70, sec 3.)25-4-66 Section 25-4-67. Review by director. Within fifteen days of receipt of the application, the director shall either accept the application as complete, or reject it as incomplete, in writing. Any rejection shall list the deficiencies in the application. The director shall approve or deny an application for recognition of a de minimis structure position discrepancy within twenty-five days after acceptance of the completed application. If the director does not approve or deny the application within twenty-five days of acceptance, the application shall be deemed approved. (2002, ord 02-70, sec 3.)25-4-67 25-72 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) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25-4-11. (4) Crop production. (5) Dwellings, single-family. (6) Family child care homes. (7) Group living facilities. (8) Home occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Model homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (13) Short-term vacation rentals situated in the general plan resort and resort node areas. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Medical clinics. (9) Schools. (10) Telecommunication antennas and towers. (11) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord 14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26, sec 5.)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 SUPP.10 (7-2021) 25-74 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 ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. (d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the building site shall be the same as in the RS district having the largest requirements for which the building site can comply. (e) Exceptions to the regulations for the RS district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development, or by the director within a cluster plan development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.)25-5-8 25-75 § 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) Bed and breakfast establishments as permitted under section 25-4-7. (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, double-family or duplex. (7) Dwellings, single-family. (8) Family child care homes. (9) Group living facilities. (10) Home occupations, as permitted under section 25-4-13. (11) Meeting facilities. (12) Model homes, as permitted under section 25-4-8. (13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (14) Public uses and structures, as permitted under section 25-4-11. (15) Short-term vacation rentals situated in the general plan resort and resort node areas. (16) Temporary real estate offices, as permitted under section 25-4-8. (17) 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. (4) Day care centers. SUPP. 6 (7-2019) 25-76 Z ONING § 25-5-22 (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.)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. SUPP. 10 (7-2021) 25-77 § 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) 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.)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 25-78 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) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Boarding facilities, rooming, or lodging houses. (4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (5) 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. (6) Community buildings, as permitted under section 25-4-11. (7) Crop production. (8) Dwellings, double-family or duplex. (9) Dwellings, multiple-family. (10) Dwellings, single-family. (11) Family child care homes. (12) Group living facilities. (13) Home occupations, as permitted under section 25-4-13. (14) Meeting facilities. (15) Model homes, as permitted under section 25-4-8. (16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (17) Public uses and structures, as permitted under section 25-4-11. (18) 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. (19) Temporary real estate offices, as permitted under section 25-4-8. (20) 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. (21) 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. 6 (7-2019) 25-79 § 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.)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.) SUPP.10 (7-2021) 25-80 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) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Boarding facilities, rooming, or lodging houses. 25-81 § 25-5-42 H AWAI‘I C OUNTY C ODE (4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (5) Churches, temples and synagogues. (6) Commercial or personal service uses, on a small scale, as approved by the director. (7) Community buildings, as permitted under section 25-4-11. (8) Convenience stores. (9) Crop production. (10) Day care centers. (11) Dwellings, double-family or duplex. (12) Dwellings, multiple-family. (13) Dwellings, single-family. (14) Family child care homes. (15) Group living facilities. (16) Home occupations, as permitted under section 25-4-13. (17) Medical clinics. (18) Meeting facilities. (19) Model homes, as permitted under section 25-4-8. (20) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (21) Public uses and structures, as permitted under section 25-4-11. (22) Restaurants. (23) Schools. (24) Short-term vacation rentals situated in the general plan resort and resort node areas. (25) 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, 18-114, sec 8.)25-5-42 SUPP. 6 (7-2019) 25-82 Z ONING § 25-5-43 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. 25-83 § 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) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, one per building site. 25-84 Z ONING § 25-5-52 (10) Family child care homes. (11) Group living facilities. (12) 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. (13) 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. (14) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (15) Public uses and structures, as permitted under section 25-4-11. (16) Roadside stands for the sale of agricultural products grown on the premises. (17) 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. (18) Utility substations, as permitted under section 25-4-11. (19) 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. 25-85 § 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.)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 SUPP.10 (7-2021) 25-86 Z ONING § 25-5-57 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 ohana dwelling 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.)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 theState 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 25-87 § 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) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) 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. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawai‘i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) 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. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) 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. 25-88 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; 25-5-62 am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8.) 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 SUPP. 11 (1-2022) 25-89 § 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 ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. 25-90 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. 25-5-67 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) 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) 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 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). 25-91 § 25-5-72 H AWAI‘I C OUNTY C ODE (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, 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. (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Utility substations, as permitted under section 25-4-11. (23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. (24) Veterinary establishments. (25) 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. 25-92 Z ONING § 25-5-72 (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.) 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 SUPP. 10 (7-2021) 25-93 § 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 ohana dwelling 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.)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) Aquaculture. (5) Cemeteries, as permitted under chapter 6, article 1 of this Code. (6) Crop production. (7) Farm dwellings, as permitted under sections 25-5-87(b) and (c). (8) Forestry. 25-95 § 25-5-82 H AWAI‘I C OUNTY C ODE (9) Livestock production, provided that piggeries, apiaries and pen feeding of livestock shall not be closer than one thousand feet to 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. (10) Public uses and structures which are necessary for agricultural practices. (11) 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, ord 10-17, sec 7; am 2012, ord 12-28, sec 10.)25-5-82 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 25-96 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) Art galleries, museums. (4) Automobile service stations. (5) Bars, night clubs and cabarets. 25-98 Z ONING § 25-5-92 (6) Bed and breakfast establishments, as permitted under section 25-4-7. (7) Business services. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Churches, temples, and synagogues. (10) Commercial parking lots and garages. (11) Community buildings, as permitted under section 25-4-11. (12) Day care centers. (13) Dwellings, double-family or duplex. (14) Dwellings, multiple-family. (15) Dwellings, single-family. (16) Family child care homes. (17) Financial institutions. (18) Group living facilities. (19) Home occupations, as permitted under section 25-4-13. (20) Hotels. (21) Lodges. (22) Medical clinics. (23) Meeting facilities. (24) Major outdoor amusement and recreation facilities. (25) Model homes, as permitted under section 25-4-8. (26) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Restaurants. (31) Retail establishments. (32) Short-term vacation rentals. (33) Telecommunication antennas, as permitted under section 25-4-12. (34) Temporary real estate offices, as permitted under section 25-4-8. (35) Theaters. (36) Time share units. (37) Utility substations, as permitted under section 25-4-11. (38) 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. SUPP. 6 (7-2019) 25-99 § 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.)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. SUPP. 6 (7-2019) 25-100 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) Automobile service stations. (4) Bed and breakfast establishments, as permitted under section 25-4-7. (5) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (6) Business services. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Churches, temples and synagogues. (9) Community buildings, as permitted under section 25-4-11. (10) Convenience stores. (11) Crematoriums, funeral homes, funeral services, and mortuaries. (12) Crop production. (13) Day care centers. (14) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. SUPP. 8 (7-2020) 25-101 § 25-5-102 H AWAI‘I C OUNTY C ODE (15) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (16) Dwellings, single-family. (17) Family child care homes. (18) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (19) Financial institutions. (20) Group living facilities. (21) Home occupations, as permitted under section 25-4-13. (22) Medical clinics. (23) Meeting facilities. (24) Model homes, as permitted under section 25-4-8. (25) Museums. (26) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (27) Offices. (28) Personal services. (29) Photography studios. (30) Public uses and structures, as permitted under section 25-4-11. (31) Repair establishments, minor. (32) Restaurants. (33) Retail establishments. (34) Schools. (35) Short-term vacation rentals situated in the general plan resort and resort node areas. (36) Telecommunication antennas, as permitted under section 25-4-12. (37) Theaters. (38) Utility substations as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CN district, provided that a use permit is issued for each use: (1) Major outdoor amusement and recreation facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 12; am 2018, ord 18-114, sec 10; am 2019, ord 19-100, sec 6; am 2019, ord 19-100, secs 6 and 7; am 2020, 25-5-102 ord 20-3, sec 1.) Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-103 SUPP. 8 (7-2020) 25-102 Z ONING §25-5-104 Section 25-5-104. Minimum building site area. The minimum building site area in the CN district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.)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) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. 25-104 Z ONING §25-5-112 (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. (21) Crop production. (22) Day care centers. (23) Display rooms for products sold elsewhere. (24) 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. (25) 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. (26) Dwellings, single-family. (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (28) Family child care homes. (29) 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. (30) Financial institutions. (31) Group living facilities. (32) Home occupations, as permitted under section 25-4-13. (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (34) Hotels. (35) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (37) Laundries. (38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (39) Medical clinics. (40) Meeting facilities. (41) Model homes, as permitted under section 25-4-8. (42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. SUPP. 10 (7-2021) 25-105 § 25-5-112 H AWAI‘I C OUNTY C ODE (44) Personal services. (45) Photography studios. (46) Public uses and structures, as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Short-term vacation rentals. (53) Telecommunication antennas, as permitted under section 25-4-12. (54) Theaters. (55) Time share units. (56) Utility substations, as permitted under section 25-4-11. (57) 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.)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 SUPP.10 (7-2021) 25-106 Z ONING §25-5-115 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) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) 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. (9) Business services. (10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (11) Churches, temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Convenience stores. (15) Crematoriums, funeral homes, funeral services, and mortuaries. (16) Crop production. (17) Day care centers. (18) 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. (19) 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. (20) Dwellings, single-family. (21) Family child care homes. (22) 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. (23) Financial institutions. 25-108 Z ONING §25-5-122 (24) Group living facilities. (25) Home occupations, as permitted under section 25-4-13. (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (27) Hotels, when the design and use conform to the character of the area, as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) 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. (31) Medical clinics. (32) Meeting facilities. (33) Model homes, as permitted under section 25-4-8. (34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (35) Offices. (36) Personal services. (37) Photography 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 shops, which are designed to primarily serve the local area. (40) Repair establishments, major, when there are not more than five employees, as approved by the director. (41) Repair establishments, minor. (42) Restaurants. (43) Retail establishments. (44) Schools. (45) Short-term vacation rentals. (46) Telecommunication antennas, as permitted under section 25-4-12. (47) Temporary real estate offices, as permitted under section 25-4-8. (48) Theaters. (49) 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. SUPP. 10 (7-2021) 25-109 § 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.)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 SUPP.10 (7-2021) 25-110 Z ONING §25-5-128 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) Art galleries, museums. (4) Art studios. (5) Automobile sales and rentals. (6) Automobile service stations. (7) Bars, nightclubs and cabarets. (8) Broadcasting stations. (9) Business services. (10) Car washing. (11) Catering establishments. (12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (13) Churches, temples and synagogues. 25-111 § 25-5-132 H AWAI‘I C OUNTY C ODE (14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (15) Commercial parking lots and garages. (16) Community buildings, as permitted under section 25-4-11. (17) Convenience stores. (18) Crematoriums, funeral homes, funeral services, and mortuaries. (19) Data processing facilities. (20) Display rooms for products sold elsewhere. (21) Equipment sales and rental yards. (22) Farmers markets. (23) Financial institutions. (24) Food manufacturing and processing. (25) Home improvement centers. (26) Ice storage and dispensing facilities. (27) Kennels in sound-attenuated buildings. (28) Laboratories, medical and research. (29) Laundries. (30) Manufacturing, processing and packaging establishments, light. (31) Medical clinics. (32) Meeting facilities. (33) Model homes. (34) Motion picture and television production studios. (35) Offices. (36) Personal services. (37) Photographic processing. (38) Photography studios. (39) Plant nurseries. (40) Public uses and structures, as permitted under section 25-4-11. (41) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (42) Repair establishments, minor. (43) Restaurants. (44) Retail establishments. (45) Sales and service of machinery used in agricultural production. (46) Schools, business. (47) Schools, photography, art, music and dance. (48) Schools, vocational. (49) Self-storage facilities. (50) Telecommunications antennas, as permitted under section 25-4-12. (51) Temporary real estate offices, as permitted under section 25-4-8. (52) Theaters. (53) Utility substations, as permitted under section 25-4-11. (54) Veterinary establishments in sound-attenuated buildings. 25-112 Z ONING §25-5-132 (55) Warehousing. (56) 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.)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 25-113 § 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) Aquaculture activities. (7) Automobile and truck storage facilities. (8) Automobile and truck sales and rentals. (9) Automobile service stations. (10) Bakeries. (11) Bars. (12) Broadcasting stations. (13) Car washing. (14) Carpentry, hardwood products and furniture manufacturing and storage establishments. (15) Catering establishments. (16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (17) Churches, temples and synagogues. (18) Cleaning and dyeing plants. SUPP. 7 (1-2020) 25-114 Z ONING §25-5-142 (19) Commercial parking lots and garages. (20) Community buildings, as permitted under section 25-4-11. (21) Contractors’ yards for equipment, material, and vehicle storage, repair, or maintenance. (22) Crematoriums, funeral homes, funeral services, and mortuaries. (23) Day care centers. (24) Financial institutions. (25) Food manufacturing and processing facilities. (26) Greenhouses, plant nurseries. (27) Heavy equipment sales, service and rental. (28) Home improvement centers. (29) Junkyards, provided that the building site is not less than one acre in area. (30) Laboratories, medical and research. (31) Laundries. (32) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (33) Manufacturing, processing and packaging establishments, light. (34) Motion picture and television production studios. (35) Photographic processing. (36) Plumbing, electrical, air conditioning and heating establishments. (37) Primary airports, provided that plan approval is secured from the director. (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 shops. (40) Recycling centers, which do not involve the processing of recyclable materials. (41) Repair establishments, minor. (42) Restaurants. (43) Self storage facilities. (44) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Transportation and tour terminals. (48) Truck, freight and draying terminals. (49) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (50) Utility substations, as permitted under section 25-4-11. (51) Veterinary establishments. (52) Vocational schools. (53) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. (54) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products. SUPP. 9 (1-2021) 25-115 § 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.)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 SUPP. 9 (1-2021) 25-116 Z ONING §25-5-147 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) Aquaculture activities and facilities. (8) Automobile and truck storage facilities. (9) Automobile body and fender establishments. (10) Automobile service stations. (11) Bakeries. (12) Bars. (13) Breweries, distilleries, and alcohol manufacturing facilities. (14) Broadcasting stations. SUPP. 7 (1-2020) 25-117 § 25-5-152 H AWAI‘I C OUNTY C ODE (15) Bulk storage of flammable products and bulk storage of explosive products. (16) Car washing. (17) Catering establishments. (18) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (19) Churches, temples and synagogues. (20) Cleaning and dyeing plants. (21) Commercial parking lots and garages. (22) Community buildings, as permitted under section 25-4-11. (23) Concrete or asphalt batching and mixing plants and yards. (24) Contractors’ yards for equipment, material, and vehicle storage, repair, or maintenance. (25) Crematoriums, funeral homes, funeral services, and mortuaries. (26) Day care centers. (27) Dumping, disposal, incineration, or reduction of refuse or waste matter. (28) Expansion of an existing commercial excavation operation, provided that plan approval is secured from the director. (29) Fabricating establishments. (30) Fertilizer manufacturing plants. (31) Financial institutions. (32) Food manufacturing and processing facilities. (33) Freight movers. (34) Greenhouses, plant nurseries. (35) Heavy equipment sales, service and rental. (36) Home improvement centers. (37) Junkyards. (38) Kennels. (39) Laboratories, medical and research. (40) Laundries. (41) Lava rock or stone cutting or shaping facilities. (42) Lumberyards and building material yards. (43) Machine, welding, sheet metal, and metal plating and treating establishments. (44) Manufacturing, processing and packaging establishments, light and general. (45) Marine railways, drydocks, and ship or boat yards. (46) Motion picture and television production studios. (47) Photographic processing. (48) Primary airports, provided that plan approval is secured from the director. (49) Public dumps. (50) Public uses and structures, as permitted under section 25-4-11. (51) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (52) Recycling centers. (53) Reduction, refining, smelting, or alloying of metals, petroleum products or ores. SUPP. 9 (1-2021) 25-118 Z ONING §25-5-152 (54) Repair establishments, major and minor. (55) Restaurants. (56) Saw mills. (57) Self storage facilities. (58) Slaughterhouses. (59) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (60) Storage, curing, or tanning of raw, green, or salted hides or skins. (61) Telecommunication antennas, as permitted under section 25-4-12. (62) Temporary real estate offices, as permitted under section 25-4-8. (63) Transportation and tour terminals. (64) Truck, freight and draying terminals. (65) Utility facilities, public and private, including power plants, offices or yards for equipment, material, vehicle storage, repair or maintenance. (66) Utility substations, as permitted under section 25-4-11. (67) Veterinary establishments. (68) Warehousing. (69) Wholesaling and distribution, including the storage of incidental materials and equipment. (70) 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.)25-5-152 SUPP. 9 (1-2021) 25-119 § 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) Aquaculture activities and facilities. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25-4-11. (4) Existing churches and temples of historical significance. (5) Forestry. (6) Game preserves. (7) Growing of plants provided such growth does not impair a view intended to be preserved in the O district. (8) Heiaus, historical areas, structures, and monuments. (9) Natural features, phenomena, and vistas as tourist attractions. (10) Private recreational uses involving no aboveground structure except dressing rooms and comfort stations. (11) Public parks. (12) Public uses and structures, as permitted under section 25-4-11. (13) 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. 25-121 § 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.)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 25-122 Z ONING § 25-6-1 Article 6. Optional Development Regulations. Division 1. Planned Unit Development (P.U.D.). Section 25-6-1. Purpose. The purpose of planned unit development (P.U.D.) is to encourage comprehensive site planning that is compatible with the surrounding community and that adapts the design of development to the land, by allowing diversification in the relationships of various uses, buildings, structures, open spaces and yards, building heights, and lot sizes in planned building groups, while still insuring that the intent of this chapter is observed. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2.)25-6-1 Section 25-6-2. Minimum land area required. The minimum land area required for a P.U.D. shall be two acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-2 Section 25-6-3. Application for P.U.D. permit; requirements. An application for a P.U.D. permit shall be on a form prescribed for this purpose by the director on behalf of the commission and shall be accompanied by: (1) A filing fee of $500. (2) A written description of the proposed project, including the following information: (A) A description of the property in sufficient detail to determine the precise location of the property involved; (B) A statement of objectives and reasons for the requested P.U.D. permit, including an analysis of how the request satisfies the standards contained in section 25-6-10; (C) A list of all requested deviations from the requirements of chapter 23 (subdivisions) and chapter 25 (zoning), Hawai‘i County Code; (D) A schedule for the timetable of the proposed development; and (E) An analysis of the relationship of the proposed development to the general plan, any adopted community development plan, other adopted master plan, and if applicable, any other adopted design guidelines and/or standards affecting the project area. (3) Drawings and plans comprising a general development plan covering the entire area of the P.U.D., and providing the following information: (A) Uses, dimensions, and locations of proposed structures; (B) Widths, alignments, and improvements of proposed streets and pedestrian and drainage ways; (C) Any proposed subdivision of property for individual parcel sale; (D) Parking areas; 25-123 § 25-6-3 H AWAI‘I C OUNTY C ODE (E) Public areas and uses; and (F) Landscaping and open spaces. (4) Architectural drawings for all buildings demonstrating the design and character of the proposed buildings and uses. If the project area is within a district established under article 7 of this chapter for which design guidelines and/or standards have been adopted that are applicable to single-family dwellings, architectural drawings shall be required for all buildings including single-family dwellings. (5) A list of the names, addresses and tax map key numbers of all surrounding owners and lessees of property interests in property within the boundaries established by section 25-2-4. (6) Any other information or plans required by rules adopted by the commission in accordance with chapter 91, Hawai‘i Revised Statutes. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2; ord 15-45, sec 6.)25-6-3 Section 25-6-4. Notice of action on P.U.D. application. (a) Upon acceptance of a P.U.D. application, the commission, through the department, shall fix a date for action on the application. Within ten days after receiving notice of such date, the applicant shall serve notice of the application 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 of interests in other properties which the commission may find to be directly affected by the P.U.D. permit sought. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12. (b) The public hearing shall be commenced no later than ninety days after the acceptance of a P.U.D. application by the commission. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 6; am 2015, ord 15-33, sec 2.)25-6-4 Section 25-6-5. Procedure for processing application when use not permitted in district. An application for a P.U.D. permit that proposes a use not permitted either directly or as a conditional use within a district may be considered by the commission only if a separate application for a change of zone is filed concurrently with or prior to the P.U.D. permit application. The P.U.D. permit application and the change of zone application shall be considered concurrently, and any P.U.D. approved by the commission shall be effective only when the change of zone ordinance becomes effective. 25-6-5 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2.) 25-124 Z ONING § 25-6-6 Section 25-6-6. Actions by commission on P.U.D. permit applications. (a) Within ninety days after acceptance of a P.U.D. permit application or within a longer time period as may be agreed to or requested by the applicant, the commission shall conduct a public hearing(s), and within sixty days following the close of such public hearing(s), either deny or approve the application, subject to conditions as imposed by the commission. (b) The conditions imposed by the commission shall bear a reasonable relationship to the P.U.D. permit issued, and to the approved uses, and plans of district standards; provided, however, that no improvements or alterations off-site of the project shall be required as a condition of a P.U.D. permit. The conditions may include, but not be limited to the following: (1) Commencement and completion time frame for the project; (2) Boundary and density reallocations approved for the project; (3) Uses that are prohibited or limited; (4) Specifications for the minimum development standards; (5) Specifications for street improvement and dedication; (6) Utilities to be furnished; (7) The extent and limitations upon the uses permitted; and (8) Compliance with representations made by the applicant. (c) If the commission fails to render a decision within the prescribed sixty-day period, the application shall be considered as being approved, provided that no written objection to the P.U.D. permit application is received by the commission. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2.)25-6-6 Section 25-6-7. P.U.D. permit application and processing requirements located within special districts with design guidelines and/or standards. (a) In addition to the application requirements for a P.U.D. contained in section 25-6-3, an application for a P.U.D. in any special district established under article 7 of this chapter for which design guidelines or standards have been adopted by the council, excluding any special district having adopted design guidelines and/or standards established under this chapter prior to adoption of this subsection, shall include: (1) Complete and accurate exterior elevations of all facades, drawn at a scale adequate to show clearly the appearance of all proposed buildings and structures; (2) A description of exterior siding, roofing, and finish materials; (3) Exterior door and window specifications; (4) Description, location, and renderings for any exterior signage; (5) A streetscape rendering of the project site and adjacent properties suitable for evaluating the immediate spatial relationships. Photographic images may be substituted provided those images are adequate to serve the same purpose; 25-125 § 25-6-7 H AWAI‘I C OUNTY C ODE (6) Other descriptive information as the director, on behalf of the commission, finds necessary to determine consistency of the proposed project with the design guidelines and/or standards adopted for the special district in which the project building site is located. (b) The P.U.D. application and plans shall be subject to review and comment by the design review committee established under the respective special district section under article 7 for consistency with the adopted design guidelines and/or standards. (c) The director, on behalf of the commission shall, within five days of acceptance of a P.U.D. application, provide the respective design review committee with a copy of the application and plans along with a request for their review and comments on the consistency of the project with the adopted design guidelines and/or standards. (d) The written recommendations and plans stamped “Reviewed by” with the date and signature of the chair of the respective design review committee affixed shall be submitted to the director, on behalf of the commission within twenty-five calendar days of receipt by the design review committee of the final plans for any partial or full approval of a P.U.D. application as provided in subsections 25-6-6(c) or (d) above. (e) Except as otherwise provided in this section, the director shall withhold providing a recommendation to the commission on any partial or full approval of a P.U.D. application until having received the written recommendations and stamped and signed plans from the chair of the respective design review committee for the application. (f) By written request to the director on behalf of the commission, the chair of the respective design review committee may request an extension of time to complete the design review and to submit the recommendations of the design review committee, which the director on behalf of the commission may grant only with the written approval of the applicant for P.U.D. (g) In the event that no design review committee is established, or if the design review committee, for whatever reason, fails to respond within the time limit prescribed in subsection (d), the director shall provide design review against the relevant design guidelines and/or standards as adopted by the council. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 12; am 2015, ord 15-45, sec 7.)25-6-7 Section 25-6-8. Repealed. (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 14.)25-6-8 Section 25-6-9. Repealed. (1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 15.)25-6-9 25-126 Z ONING § 25-6-10 Section 25-6-10. Criteria for granting a P.U.D. permit. A P.U.D. permit may be granted by the commission upon finding that: (a) The construction of the project can begin and be completed within a reasonable period of time from the date of full approval. (b) The proposed development substantially conforms to the general plan, any adopted community development plan, other adopted master plan, and if applicable, any adopted design guidelines and/or standards affecting the project area. (c) Any residential or agricultural development shall constitute an environment of sustained desirability and stability for the district that is in harmony with the character of the surrounding area, that results in an intensity of land use no higher than that otherwise specified for the district, and that maintains the standards of open space at least as high as that otherwise specified for the district in which the development occurs. (d) Any commercial development shall not create traffic congestion which exceeds that which would have been produced under conventional development patterns, practices and standards in the district or interfere with any projected public improvements, shall provide for proper entrances and exits along with proper provisions for internal traffic and parking, and be an attractive center which does not adversely impact upon adjacent and surrounding existing or prospective developments. (e) Any industrial development shall be in conformity with desirable performance standards and shall constitute an efficient and well organized development with adequate provisions for freight service and necessary storage, and shall not adversely impact upon adjacent and surrounding existing or prospective development. (f) The development of a harmonious, integrated whole justifies exceptions, if required, to the normal requirements of this chapter, and the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2; ord 15-45, sec 8.)25-6-10 Section 25-6-11. Height exceptions authorized. (a) A building approved under a P.U.D. permit may exceed the height limit specified under the zoning district of the property and the height limits under section 25-4-22; provided, that the maximum height of the building shall not exceed seventy-five feet. (b) A building approved under a P.U.D. permit and situated within a zoning district which exceeds the height limits specified under subsection (a) may be permitted at the higher height limits prescribed for that zoning district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-6-11 25-127 § 25-6-12 H AWAI‘I C OUNTY C ODE Section 25-6-12. Approvals issued under P.U.D. permit. (a) No separate or additional permit or use permit shall be required for any use approved under a P.U.D. permit, and any use approved under a P.U.D. permit shall be considered to be in compliance with the required procedures for obtaining a use permit. (b) Plan approval shall be considered issued when completed drawings are approved under a P.U.D. permit, and no further action is required for the issuance of plan approval under this chapter. 25-6-12 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2.) Section 25-6-13. Effect of P.U.D. permit on other zoning provisions. Any P.U.D. permit issued shall be subject to all of the conditions imposed in the permit and shall be exempted from other provisions of this chapter only to the extent specified in the permit. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-6-13 Section 25-6-14. Time extensions and amendments. (a) A P.U.D. permit holder may apply to the commission through the department for an amendment to the permit or any condition or conditions imposed therein. (b) In the case of time extensions, the P.U.D. permit holder shall file the request not less than ninety days prior to the expiration date of the applicable time condition or conditions, setting forth: (1) The affected condition or conditions; (2) The length of time requested; and (3) The reasons for the request. If the commission fails to act on a properly filed time extension request prior to the expiration date, the activity granted under P.U.D. permit may be continued, unless the commission specifically disallows the activity during the interim period. (c) In the case of additions, modifications, and/or deletions of conditions of the P.U.D. permit, the P.U.D. permit holder shall set forth in writing: (1) The affected condition or conditions; (2) The specific amendment or amendments requested; and (3) The reasons for the request. (d) Any such request shall be accompanied by a $250 filing and processing fee and an application and documentation in a format prescribed by the director. (e) The hearing and notice procedures and action shall be the same as under sections 6-6 and 6-8 of the Planning Commission Rules of Practice and Procedure, provided further that the commission shall conduct a hearing within a period of ninety days from the date of receipt of a properly filed request, or within a longer period as may be agreed to by the commission. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2; am 2021, ord 21-52, sec 9.) 25-6-14 SUPP. 11 (1-2022) 25-128 Z ONING § 25-6-15 Section 25-6-15. Appeals. Any decision of the commission so made within the context of this article shall be appealable to the Third Circuit Court. (1999, ord 99-112, sec 13; am 2015, ord 15-33, sec 2.) 25-6-15 Division 2. Cluster Plan Development (C.P.D.). Section 25-6-20. Purpose. The purpose of cluster plan development (C.P.D.) is to provide exceptions to the density requirements of the single-family residential (RS) district so that permitted density of dwelling units contemplated by the minimum building site requirements is maintained on an overall basis and desirable open space, tree cover, recreational areas, or scenic vistas are preserved. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-6-20 Section 25-6-21. Minimum land area required. The minimum land area required for a C.P.D. shall be two acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-21 Section 25-6-22. Application for C.P.D. (a) An application for a C.P.D. permit shall be on a form prescribed by the director and shall be accompanied by a filing and processing fee as set forth under chapter 23, the subdivision control code. (b) The procedure for processing an application for a C.P.D. permit shall be the same as that prescribed for a subdivision application under chapter 23, the subdivision control code. (c) The applicant shall post a sign for public notification on the property as provided by section 25-2-12. 25-6-22 (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 7.) Section 25-6-23. Computation of maximum number of lots. (a) The maximum number of building sites that may be created in a C.P.D. shall be computed by subtracting ten percent of the total area proposed for the C.P.D. for street rights-of-way, and dividing the remaining area by the minimum building site area requirement of the single-family residential district(s) in which the C.P.D. is to be located. (b) The method of computation prescribed in subsection (a) shall apply whether or not ten percent of the total land area is actually required for street rights-of-way. (c) Land utilized by utilities for easements for major facilities, such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements, shall not be considered as part of the gross acreage in computing the maximum number of building sites that may be created in a C.P.D. 25-129 § 25-6-23 H AWAI‘I C OUNTY C ODE (d) Land normally subjected to being submerged in water or with slopes in excess of thirty percent shall not be considered as part of the gross acreage in computing the maximum number of building sites that may be created in a C.P.D. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-23 Section 25-6-24. Minimum lot size in C.P.D. (a) Building sites in a C.P.D. may be reduced in area below the minimum area required in the district in which the C.P.D. is located, provided that the average building site of the area created in the C.P.D. is not below the minimum building site area required in the district for C.P.D. (b) No building site in an RS district shall be reduced in area below the following minimum standards: Area RequirementC.P.D. Minimum Standard 1 acre 20,000 square feet 30,000 square feet15,000 square feet 20,000 square feet12,000 square feet 15,000 square feet10,000 square feet 10,000 square feet7,500 square feet 7,500 square feet6,000 square feet (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-24 Section 25-6-25. Common land in a C.P.D. (a) The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any C.P.D. must be approved by the director. A private recreational use such as a golf course or a swimming pool, which use is limited to the owners or occupants of building sites located within the C.P.D. may be approved as common land. Other uses or sites which may qualify as common land include historic buildings or sites, parks and parkway areas, ornamental parks, extensive areas with tree cover, land along usable shoreline areas, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation and are usable for normal recreational pursuits. (b) The method of maintenance of common land for open space or recreational use shall be approved by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-25 Section 25-6-26. Appeal of a C.P.D. decision. Within thirty days after the date of the director’s written decision regarding a C.P.D., any person aggrieved by the decision may appeal the director’s action to the board of appeals in accordance with this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-26 25-130 Z ONING § 25-6-30 Division 3. Ohana Dwellings. Section 25-6-30. General provisions, applicability. Ohana dwellings shall be permitted on a building site within the RS, RA, FA and A districts; provided that: (a) The building site is a legal lot of record as determined by the director; (b) Any building site which is 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) All applicable provisions of this chapter are met, including but not limited to, height limits, minimum yards and parking; and (d) The following public facilities are adequate to serve the ohana dwelling unit: (1) Sewage Disposal System. The building site shall be served by a public or private sewage disposal system. An adequate public sewage disposal system shall meet with the requirements of the department of public works and an adequate private sewage disposal system, cesspool or septic tank shall meet with the requirements of the State department of health. (2) Potable Water Supply. The building site shall be served by an approved public or private water system meeting with the requirements of the department of water supply which system can accommodate the ohana dwelling and the main dwelling unit. An ohana dwelling that is not served by an approved public or private water system may use a water catchment system provided that the director determines that there is sufficient annual rainfall in the area to accommodate a water catchment system and water catchment system meets the requirements of the department of health and the department of water supply. (3) Fire Protection. The building site shall be served by adequate fire protection measures meeting with the requirements of the fire department. (4) Streets. The building site shall gain access to a public or private street meeting with the requirements of the department of public works. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-30 Section 25-6-31. Eligibility for ohana dwelling permit. (a) An application for an ohana dwelling permit on any building site shall only be accepted by the director after the completion of all subdivision improvements required by chapter 23 (subdivisions), for the subdivision in which the building site is located. For purposes of this subsection, “completion” means the construction of all of the subdivision improvements including the subdivision roads, drainage, water, and if applicable, wastewater systems, in accordance with approved construction plans, which improvements have been completed to the satisfaction of the director of public works. 25-131 § 25-6-31 H AWAI‘I C OUNTY C ODE (b) Only one permit application for an ohana dwelling unit may be active for any one applicant at any time. Any applicant who has obtained an ohana dwelling permit shall not be eligible or apply for a subsequent ohana dwelling permit on any building site for a period of two years from the date on which the first ohana dwelling unit was completed to the satisfaction of the director of public works. For purposes of this subsection, each titleholder and person named in an application for an ohana dwelling permit, pursuant to section 25-6-39(a)(2), shall be considered the applicant. The director shall maintain and keep readily available for public reference a current list of applicants for ohana dwelling units, including the dates of application and approval or denial. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1.)25-6-31 Section 25-6-32. Prohibited areas. Ohana dwelling units shall be prohibited in the following areas: (a) Any building site within the State land use conservation district; (b) Any building site developed under an affordable housing project approved by the State housing finance and development corporation (HFDC) and/or the County housing agency which has been granted preemptions from the requirements of this Code; (c) Any building site developed as a planned unit development (P.U.D.) or a cluster plan development (C.P.D.); (d) Any building site where more than one dwelling unit is permitted in the zoning district, including building sites that permit more than one dwelling unit in the RS district, building sites with duplex and multiple-family dwellings, care homes, family child care homes, group living facilities, and single-family dwellings which are transient vacation units; (e) Any building site which is the subject of an approved variance from the provisions of this chapter or chapter 23 (subdivisions); (f) Any building site on which the construction of an ohana dwelling or a second dwelling unit is specifically prohibited by a change of zone ordinance. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-32 Section 25-6-33. Designation of the ohana dwelling unit. (a) Regardless of the size of a building site, not more than one ohana dwelling unit shall be permitted on the same building site with the first single-family dwelling unit. (b) The director may designate an existing, first single-family dwelling unit as an ohana dwelling unit in order to allow permitting of a new first single-family dwelling unit when such existing dwelling is the only dwelling unit on the building site and the dwelling unit complies or will be modified to comply with all the requirements of this division. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-33 25-132 Z ONING § 25-6-34 Section 25-6-34. Height limit. Except when the living areas of the ohana dwelling unit and the first dwelling unit are joined by a common wall, floor, or ceiling, the height limit for an ohana dwelling unit shall be twenty-five feet, regardless of whether a greater height limit is provided for the zoning district. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-34 Section 25-6-35. Minimum building site area and yards. (a) The minimum building site area for a building site containing both the first dwelling and the ohana dwelling unit shall be ten thousand square feet. (b) The minimum front, rear, and side yard requirements for a detached ohana dwelling unit shall be the minimum yard requirements for the zoning district in which the building site is situated plus an additional five feet. (c) An ohana 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.)25-6-35 Section 25-6-36. Guest houses. A guest house, as described in section 25-4-9, shall not be permitted on any building site where an ohana dwelling unit has been permitted or constructed. If an existing guest house is situated on a building site, an ohana dwelling unit shall not also be permitted on the building site. Provided, that an existing guest house may be converted into an ohana dwelling unit in accordance with the requirements of this division. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-36 Section 25-6-37. Off-street parking spaces. The number of parking spaces for an ohana dwelling unit shall be as provided under section 25-4-51. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-37 Section 25-6-38. Variances prohibited. No variance from either this chapter or chapter 23 (subdivisions), shall be granted to permit the construction or placement of an ohana dwelling unit on a building site. In addition, an ohana dwelling unit shall not be permitted on a building site for which a variance from either this chapter or chapter 23 (subdivisions), has already been granted. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-38 Section 25-6-39. Application for ohana dwelling permit; requirements. (a) An application form for an ohana dwelling permit shall be filed with the director on a form prescribed for this purpose by the director, and shall be accompanied by: (1) A filing fee of $25; 25-133 § 25-6-39 H AWAI‘I C OUNTY C ODE (2) The names and addresses of all the owners of the building site, provided that when the property is owned by a corporation, association, partnership or trust, the names and addresses of all partners, director, officers, shareholders or beneficiaries holding an ownership or beneficial interest of at least ten or more percent shall be included; and (3) An affidavit, in the form prescribed by the director, verifying that there is no restriction or covenant applicable to the building site, contained in any deed, lease, or other recorded document, which prohibits the construction or placement of an ohana dwelling or a second dwelling unit on the building site. (b) The applicant shall serve notice of the ohana dwelling permit application on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on all owners of the property identified in the application who did not execute the application, and any known association of property owners which has jurisdiction or authority over the subdivision in which the building site is situated. Proof of service of the notice, in the manner provided under section 25-2-4, shall be submitted together with the ohana dwelling permit application. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-39 Section 25-6-39.1. Action on ohana dwelling permit. (a) Upon acceptance of an ohana dwelling permit application, the director shall forward the application to appropriate agencies for review and comment on the adequacy of those infrastructure facilities required for the ohana dwelling unit, under section 25-6-30. (b) Within a period of at least thirty days but not more than sixty days after acceptance of an ohana dwelling permit application, the director shall either approve or deny the application. (c) If the director fails to render a decision within the prescribed sixty-day period, the application shall be considered as being approved. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-39.1 Section 25-6-39.2. Building permit for an ohana dwelling. (a) A building permit for the construction of an ohana dwelling unit shall be secured within one year from the date that the ohana dwelling unit permit was issued. A thirty-day time extension may be granted by the director if it can be demonstrated by the applicant that nonperformance was not the result of the applicant’s fault or negligence. In the event that the applicant fails to secure a building permit for the construction of the ohana dwelling unit within the one-year time period, or any extension granted by the director, the ohana dwelling unit permit shall be void. 25-134 Z ONING § 25-6-39.2 (b) The time extension provided for an ohana dwelling permit under subsection (a) above shall be the only time extension available to an applicant, and no further time extension shall be allowed. Further, the failure to obtain any further time extension of an ohana dwelling permit shall not be cause to petition the director, the commission or the board of appeals for relief from the time limitation for an ohana dwelling permit as provided under this section. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-39.2 Section 25-6-39.3. Nontransferability of permit. (a) A permit for an ohana dwelling unit shall be personal to the applicant and shall not be transferable or assignable to any other person until construction of the ohana dwelling unit has been completed and final approval has been issued by the director of public works. (b) No person shall advertise or represent to the public that a permit to construct an ohana dwelling unit is transferable with the sale of the property on which the permit has been granted. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1.)25-6-39.3 Section 25-6-39.4. Pending applications. All pending applications for ohana dwellings filed with the director prior to May 4, 1996 shall be processed in accordance with this division, with the exception of the filing fee. The director may require the applicant to submit additional information to comply with this division. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-39.4 Section 25-6-39.5. Illegally constructed ohana dwellings. In the event that an ohana dwelling unit is constructed contrary to the provisions of this division, with or without a permit therefor having been issued, the ohana dwelling unit, shall be considered unlawful and a public nuisance, and action or proceedings for abatement, removal and enjoinment of the unlawful ohana dwelling shall immediately be commenced in accordance with this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-39.5 Section 25-6-39.6. Revocation of an ohana dwelling permit. (a) The director may initiate proceedings to revoke a permit for an ohana dwelling unit if: (1) The applicant intentionally misrepresented a material fact in the permit application, including all attachments; or (2) The applicant transferred or attempted to transfer an ohana dwelling unit permit issued by the director prior to completion of the construction of the ohana dwelling unit and final approval by the director of public works. (b) The director shall serve written notice of the proposed revocation on the applicant by registered or certified mail with return receipt. 25-135 § 25-6-39.6 H AWAI‘I C OUNTY C ODE (c) The applicant may, within thirty days after receipt of the proposed revocation notice, appeal the revocation notice to the board of appeals as provided by section 6-9.2, County Charter and sections 25-2-20 through 25-2-24. An appeal to the board of appeals shall stay the provisions of the director’s order pending the final decision of the board of appeals. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 13.)25-6-39.6 Section 25-6-39.7. Appeals. Any person aggrieved by the decision of the director in the issuance of an ohana dwelling permit decision, except for a decision regarding the duration of a permit under section 25-6-39.2, may appeal the director’s action to the board of appeals, in accordance with this chapter, within thirty days after the date of the director’s written decision. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-39.7 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 25-136 Z ONING § 25-6-42 Section 25-6-42. Minimum land area required. The minimum land area required for a project district shall be fifty acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-42 Section 25-6-43. Permitted uses. Any uses permitted either directly or conditionally in the RS, RD, RM, RCX, CN, CG, CV or V districts shall be permitted in a project district; provided, that each of the proposed uses and the overall densities for residential and hotel uses shall be contained in a master plan for the project district and in the project district enabling ordinance. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-43 Section 25-6-44. Application for project district; requirements. (a) An application for a project district may be filed by a property owner or any other person with the property owner’s consent. The application shall be on a form prescribed for this purpose by the director and shall be accompanied by: (1) A filing fee of $5,000. (2) A description of the property in sufficient detail to determine its precise location. (3) A master conceptual plan of the property, showing the project district boundaries and the land uses and acreage of land involved. (4) A description of the proposed project district, including land uses, densities, infrastructural requirements, and development standards. (5) A description of each of the open space areas proposed for the project district for cultural and/or environmental purposes, including those open space areas preserved because of natural hazards. (6) A metes and bounds description of the property prepared by a surveyor. (7) A list of the names, addresses and tax map key numbers for those property owners and lessees of record of surrounding properties who are required to receive notice under section 25-2-4. (8) A County environmental report; provided that a County environmental report shall not be required where 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. (9) 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 project district 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. 25-137 § 25-6-44 H AWAI‘I C OUNTY C ODE (c) Within one hundred twenty days after a project district application has been accepted by the director, the director shall forward the application to the commission, together with the director’s recommendation on the proposed project district, and together with a proposed project district ordinance which establishes the project district and provides project district standards and conditions, including permitted land uses, accessory uses, densities, heights, setbacks, and variances from the requirements of this chapter, and from chapter 23 (subdivision control), if applicable, as contained in the master conceptual plan for the project district. (d) The commission shall review any project district application 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 in the district in which the proposed project district is located. The commission shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also publish notice of the hearing in accordance with the requirements of 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 of interests in other properties which the commission may find to be directly affected by the proposed project district. (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 project district ordinance together with its recommendation 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 proposal. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 8; am 2012, ord 12-90, sec 2.)25-6-44 Section 25-6-45. Conditions imposed on project district. (a) The council may impose conditions on the use of the property subject to the project district, provided 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 uses proposed with respect to protection of the public from the potentially deleterious effects of the proposed uses, or fulfillment of the need for public service demands created by the proposed uses. (b) In addition to the conditions described in subsection (a), the council shall include the following conditions in any project district ordinance: (1) A description of each of the uses proposed in the project district; (2) The overall densities for the residential and hotel uses established in the project district; 25-138 Z ONING § 25-6-45 (3) Any infrastructure requirements for the project district; and (4) Any open space requirements for the project district. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-45 Section 25-6-46. Review and approval of site plans. (a) After adoption of a project district enabling ordinance, the applicant shall submit to the director detailed site plans for the project district development. The site plans shall conform to the project district enabling ordinance and shall include the following: (1) Plans for required infrastructure improvements; (2) All items required for a plan approval application, as provided by section 25-2-72; and (3) Any other information required by rules adopted by the director in accordance with chapter 91, Hawai‘i Revised Statutes. (b) Within sixty days after acceptance of the site plans, the director shall either deny or approve the plans. (c) The director may approve site plans for a project district only if the applicant has complied with all of the conditions contained in the project district enabling ordinance and the site plans conform to the standards contained in the project district enabling ordinance. The director may approve the site plans subject to conditions, or the director may approve the site plans subject to certain changes when, in the director’s opinion, such conditions or changes are necessary to carry out the purposes of the project district, this chapter and the considerations contained in section 25-6-47. (d) If the director fails to render a decision on the site plans within the prescribed period, the site plans shall be considered approved without further certification by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-46 Section 25-6-47. Review criteria and conditions of approval. In reviewing site plans for a project district, the director shall consider the proposed development and uses in relation to the surrounding properties, improvements, streets, traffic, community characteristics, and natural features, and may require conditions or changes to assure: (1) Adequate light and air, proper siting and arrangements of all structures and improvements are provided; (2) Existing and prospective traffic movements will not be hindered; (3) Proper landscaping is provided that is commensurate with the development or use and its surroundings; (4) Unsightly areas are properly screened or eliminated; (5) Adequate off-street parking is provided to serve the development or use; 25-139 § 25-6-47 H AWAI‘I C OUNTY C ODE (6) Access to the parking areas will not create potential accident hazards; and (7) Within reasonable limits, any natural and man-made features of community value are preserved. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-47 Section 25-6-48. Construction in conformity with approved site plans. Every structure, development and use contained in site plans for a project district approved by the director shall be constructed and developed in accordance with the terms, specifications and conditions of approval for those site plans. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-48 Section 25-6-49. Plan approval issued by approval of site plans. Plan approval shall be considered issued when site plans for a project district are approved by the director, as provided by sections 25-6-46 and 25-6-47, and no further action is required for the issuance of plan approval under this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-49 Section 25-6-49.1. Amendments. Any amendment to the conditions and standards contained in a project district enabling ordinance shall be processed in the same manner as the project district enabling ordinance, unless the council in the project district enabling ordinance authorizes the amendments to be made by the director. A request for any amendment shall be submitted in writing to the director, in lieu of the application required for a project district. The request shall be accompanied by a filing fee of $250. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-49.1 Section 25-6-49.2. Appeal of director’s actions on project district site plans. Any person aggrieved by the decision of the director in the issuance of a decision regarding project district site plans may appeal the director’s action to the board of appeals, in accordance with its rules, within thirty days after the written decision is issued by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-49.2 25-140 Z ONING § 25-6-50 Division 5. Agricultural Project Districts (APD). Section 25-6-50. Purpose and applicability. The agricultural project district (APD) development is intended to provide a flexible and creative planning approach for developments within the agricultural zoning districts, in lieu of specific land use designations. It will allow for flexibility in the location of specific types of agricultural uses and variations in lot sizes. Under this planning approach, opportunities will be provided for a mix of small scale agricultural activities and associated residential uses, as well as larger agricultural projects. This district will also provide a vehicle to satisfy the demand for a rural lifestyle on marginal agricultural land, while decreasing the pressure to develop important agricultural land for this purpose. The planning approach would establish a continuity in land uses and designs, while providing for the needed infrastructural facilities and systems to support the various types of agricultural developments. An agricultural project district is an amendment to this chapter which changes the district boundaries in accordance with the individual agricultural project district. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-50 Section 25-6-51. Criteria for establishing a project district. An agricultural 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 agricultural area should be adopted in order to establish a continuity in land uses while providing the required infrastructural facilities and systems. In addition, an agricultural 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.)25-6-51 Section 25-6-52. Minimum land area required. The minimum land area required for an agricultural project district shall be five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-52 Section 25-6-53. Permitted uses; overall density. Any uses permitted either directly or conditionally in the A or IA districts shall be permitted in an agricultural project district, and the overall density permitted in an agricultural project district shall not be greater than one acre per building site. Each of the proposed uses and the overall densities for dwelling uses shall be contained in a master conceptual plan for the agricultural project district and in the agricultural project district enabling ordinance. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-53 25-141 § 25-6-54 H AWAI‘I C OUNTY C ODE Section 25-6-54. Application for agricultural project district; requirements. (a) An application for an agricultural project district may be filed by a property owner or any other person with the property owner’s consent. The application shall be on a form prescribed for this purpose by the director and shall be accompanied by: (1) A filing fee of $100 per acre up to a maximum filing fee of $5,000. (2) A description of the property in sufficient detail to determine its precise location. (3) A master conceptual plan of the property, showing the agricultural project district boundaries and the land uses and acreage of land involved. (4) A description of the proposed agricultural project district, including land uses, densities, infrastructural requirements, and development standards. (5) A description of each of the open space areas proposed for the agricultural project district for cultural and/or environmental purposes, including those open space areas preserved because of natural hazards. (6) A metes and bounds description of the property prepared by a surveyor. (7) A list of the names, addresses and tax map key numbers for those property owners and lessees of record of surrounding properties who are required to receive notice under section 25-2-4. (8) A County environmental report; provided that a County environmental report shall not be required where 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. (9) 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 agricultural project district 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. (c) Within one hundred twenty days after an agricultural project district application has been accepted by the director, the director shall forward the application to the commission, together with the director’s recommendation on the proposed agricultural project district, and together with a proposed agricultural project district ordinance which establishes the agricultural project district and provides standards and conditions for the district, including permitted land uses, accessory uses, densities, heights, setbacks, and variances from the requirements of this chapter, and from chapter 23 (subdivision control), if applicable, as contained in the master conceptual plan for the agricultural project district. 25-142 Z ONING § 25-6-54 (d) The commission shall review any agricultural project district application 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 in the council district in which the proposed agricultural project district is located. The commission shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also publish notice of the hearing in accordance with the requirements of 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 of interests in other properties which the commission may find to be directly affected by the proposed agricultural project district. (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 agricultural project district ordinance together with its recommendation 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 proposal. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 9; am 2012, ord 12-90, sec 3.)25-6-54 Section 25-6-55. Conditions imposed on agricultural project district. (a) The council may impose conditions on the use of the property subject to the agricultural project district, provided 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 uses proposed with respect to protection of the public from the potentially deleterious effects of the proposed uses, or fulfillment of the need for public service demands created by the proposed uses. (b) In addition to the conditions described in subsection (a), the council shall include the following conditions in any agricultural project district ordinance: (1) A description of each of the uses proposed in the agricultural project district; (2) The overall and average densities for dwelling uses established in the agricultural project district; (3) Any infrastructure requirements for the agricultural project district; and (4) Any open space requirements for the agricultural project district. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-55 25-143 § 25-6-56 H AWAI‘I C OUNTY C ODE Section 25-6-56. Review and approval of site plans. (a) After adoption of an agricultural project district enabling ordinance, the applicant shall submit to the director detailed site plans for the agricultural project district development. The site plans shall conform to the agricultural project district enabling ordinance and shall include the following: (1) Plans for required infrastructure improvements; (2) All items required for a plan approval application, as provided by section 25-2- 72; and (3) Any other information required by rules adopted by the director in accordance with chapter 91, Hawai‘i Revised Statutes. (b) Within sixty days after acceptance of the site plans, the director shall either deny or approve the plans. (c) The director may approve site plans for an agricultural project district only if the applicant has complied with all of the conditions contained in the agricultural project district enabling ordinance and the site plans conform to the standards contained in the agricultural project district enabling ordinance. The director may approve the site plans subject to conditions, or the director may approve the site plans subject to certain changes in the proposed site plans when, in the director’s opinion, such conditions or changes are necessary to carry out the purposes of the agricultural project district, this chapter and the considerations contained in section 25-6-57. (d) If the director fails to render a decision on the site plans within the prescribed period, the site plans shall be considered approved without further certification by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-56 Section 25-6-57. Review criteria and conditions of approval. In reviewing site plans for an agricultural project district, the director shall consider the proposed development and uses in relation to the surrounding properties, improvements, streets, traffic, community characteristics, and natural features, and to the agricultural and accessory residential uses contemplated, and may require conditions or changes to assure: (1) Adequate light and air, proper siting and arrangements of all structures and improvements are provided; (2) Existing and prospective traffic movements will not be hindered; (3) Adequate off-street parking is provided to serve the development or use; (4) Access to the parking areas will not create potential accident hazards; and (5) Within reasonable limits, any natural and man-made features of community value are preserved. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-57 25-144 Z ONING § 25-6-58 Section 25-6-58. Construction in conformity with approved site plans. Every structure, development and use contained in site plans for an agricultural project district approved by the director shall be constructed and developed in accordance with the terms, specifications and conditions of approval for those site plans. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-58 Section 25-6-59. Plan approval issued by approval of site plans. Plan approval shall be considered issued when site plans for an agricultural project district are approved by the director, as provided by sections 25-6-56 and 25-6-57, and no further action is required for the issuance of plan approval under this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-59 Section 25-6-59.1. Amendments. Any amendment to the conditions and standards contained in an agricultural project district enabling ordinance shall be processed in the same manner as the agricultural project district enabling ordinance, unless the council in the agricultural project district enabling ordinance authorizes the amendments to be made by the director. A request requiring an amendment of the enabling ordinance shall be submitted in writing to the director, in lieu of the application required for an agricultural project district. The request shall be accompanied by a filing fee of $250. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-59.1 Section 25-6-59.2. Appeal of director’s actions on agricultural project district site plans. Any person aggrieved by the decision of the director in the issuance of a decision regarding agricultural project district site plans may appeal the director’s action to the board of appeals, in accordance with this chapter, within thirty days after the written decision is issued by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-6-59.2 Division 6. Scenic Corridor Program. Section 25-6-60. Purpose and applicability. In the County of Hawai‘i, there are certain segments of public roads, or portions thereof, that expose traveling residents and visitors to notable and/or unique resources. As established by the national and/or state scenic byways program, the identification of these portions of public roads as scenic corridors is intended to provide for the enhancement of important scenic, historic, recreational, cultural and/or natural resources accessed from such a transportation corridor. This planning approach establishes the opportunity for continuity and/or enhancement of land uses and designs for natural, cultural, historic, recreational and/or scenic resources located along a transportation corridor and provides a diversity of regulatory and non-regulatory tools and techniques to apply to a variety of circumstances for a corridor identified by ordinance as a scenic corridor in the County of Hawai‘i. 25-145 § 25-6-60 H AWAI‘I C OUNTY C ODE The Hawai‘i County council may, by ordinance, establish all or portions of public roadways and an appropriate portion of the adjacent property as a scenic corridor. Within such an area, all permitted uses defined by the underlying zoning classification will remain in place unless otherwise specified by the scenic corridor enabling ordinance. Any standards and conditions not included in the underlying zoning related, but not limited, to signage, lighting, design standards, access management, landscaping, parking, height, historic and cultural preservation, view planes, and/or setbacks must be included as part of the scenic corridor management plan and adopted by scenic corridor enabling ordinance by the County council. The scenic corridor management plan must demonstrate the need for the adoption of special standards and conditions in order to preserve, maintain, protect, or enhance the intrinsic character of the corridor consistent with the purposes of this chapter. (2007, ord 07-36, sec 1.)25-6-60 Section 25-6-61. Criteria for establishing a scenic corridor. A scenic corridor may be adopted as an amendment to this chapter whenever the public necessity, convenience, general welfare, and/or the public trust require that a comprehensive planning approach for a transportation corridor be adopted in order to establish continuity in land uses while providing the required infrastructural facilities and systems. A scenic corridor may only be established if the proposed district meets the following criteria: (1) Is consistent with the intent and purpose of this chapter and the County general plan. (2) Will not result in a substantial adverse impact upon the surrounding area, community and/or region. (3) Will enhance Hawai‘i County’s significant natural, visual, recreation, historic and/or cultural qualities. (4) Will protect and enhance the attractiveness of Hawai‘i County to make it a better place to live, work, visit, and/or play. (5) Will improve Hawai‘i County’s economic vitality by enhancing and protecting our unique natural, scenic, historic, cultural, and/or recreational resources. (6) Is located on a major or minor arterial highway, or collector road. (7) Significantly possesses at least one of the following intrinsic qualities: (A) Scenic; (B) Natural; (C) Historic; (D) Cultural; (E) Archaeological; (F) Recreational; or (G) Demonstrates local, private, and public support and participation. (2007, ord 07-36, sec 1.)25-6-61 25-146 Z ONING § 25-6-62 Section 25-6-62. Permitted uses. Within a scenic corridor all zoning code regulations applicable to the zoning district or districts in question remain in effect unless differing regulations are contained within the corridor management plan as adopted by ordinance, in which case the corridor management plan shall apply. (2007, ord 07-36, sec 1.)25-6-62 Section 25-6-63. Initiation of a scenic corridor; requirements. (a) The director or council by resolution must initiate the establishment of a scenic corridor. The resolution must demonstrate that the proposed scenic corridor meets the requirements of 25-6-61. The resolution must include: (1) A description and general location of the proposed corridor. (2) The length of the section of road to be included in the scenic corridor. (3) A description of the corridor’s intrinsic quality or qualities. (4) A list of names, addresses and tax map key numbers for those property owners and lessees of record of lots within three hundred feet of the public road being proposed to be designated as a scenic corridor. (5) Any other plans or information required by rules adopted by the director in accordance with chapter 91 of the Hawai‘i Revised Statutes. (b) Within thirty days of the adoption by the council of the resolution, the director shall serve notice of the proposed scenic corridor upon all owners and lessees of lots, and utility companies with easements and/or other property rights, whose properties are either (1) within the proposed scenic corridor, or (2) within three hundred feet of the boundaries of the proposed scenic corridor. The notice shall give a general description of the scenic corridor and describe the opportunity for public comment. (c) Corridor management plan. Within twenty-four months after the adoption of the resolution, the director shall complete a corridor management plan and enabling ordinance, which will be forwarded to the commission for its recommendation to the Hawai‘i County council. A scenic corridor management plan is a written document that assesses the intrinsic qualities of the corridor and specifies actions, procedures, controls, and administrative as well as community strategies that will be pursued to maintain those qualities. Special conditions and standards developed for an individual scenic corridor shall be included as part of the enabling ordinance. Elements of the corridor management plan will include: (1) Vision and goals statement. (2) A map identifying scenic corridor boundaries and the location of intrinsic qualities and different land uses within the scenic corridor. (3) An assessment of such intrinsic qualities and their context. (4) An assessment of needs and expectations. (5) An assessment of anticipated transportation, economic, environmental, and social impacts. (6) Strategies for economic development and marketing of the scenic corridor. (7) Strategies for maintaining and enhancing the corridor’s intrinsic qualities. 25-147 § 25-6-63 H AWAI‘I C OUNTY C ODE (8) Strategies for community participation. (9) Identification of organizations, agencies and individuals to be consulted in the planning process. (10) Identification of regulatory and non-regulatory tools recommended that could aid in the implementation of the scenic corridor management plan. The evaluation and selection of tools needed to protect and/or enhance the corridor should be based on the following criteria: (A) The ability to insure that new development is consistent with the conditions and standards established for the scenic corridor, while maintaining the property owner’s rights to reasonable use of the property; (B) The ability to provide the appropriate degree of development and aesthetic control needed to preserve and enhance quality of the corridor; and (C) The ability to provide flexible, diverse, and suitable regulatory and non- regulatory tools and techniques to a variety of circumstances. (11) Specific time schedules for plan implementation. (12) Standards for building design, signage, and roadway elements. In the case where the transportation corridor has not been built, the corridor management plan may include special design standards for the corridor development. (13) Methods for interpreting and protecting significant resources. (14) Identification of potential funding sources. (15) Provisions for termination of the corridor management plan if it is not implemented. (d) The director shall forward the corridor management plan and a proposed scenic corridor enabling ordinance to the commission together with the director’s recommendation on the proposed scenic corridor. The purpose of the scenic corridor enabling ordinance is to establish the scenic corridor as well as any conditions and/or standards recommended by the corridor management plan that may differ from those within the underlying zoning. Any conditions and/or standards that differ from the underlying zoning must be defined through the use of a table that illustrates how standards and/or conditions in the enabling ordinance differ from those within the underlying zoning. (e) The commission shall review the scenic corridor enabling ordinance and the corridor management plan and forward its recommendation to the council through the mayor for the council’s consideration and action. (1) In reviewing the corridor management plan, the commission shall hold at least one public hearing in the council district in which the proposed scenic corridor is located. 25-148 Z ONING § 25-6-63 (2) Within ten days after receiving notice of the date of the public hearing, the director shall serve notice of the public hearing on owners, and lessees of record, and utility companies with easements or other property interests, whose properties are within the proposed scenic corridor, or within three hundred feet of the boundaries of the proposed scenic corridor. The notice shall otherwise conform to section 25-2-4(c) and (d). (3) Within one hundred twenty days after receipt of the corridor management plan from the director, the commission shall transmit the proposed scenic corridor ordinance and corridor management plan together with its recommendation thereon through the mayor to the council. If no recommendation is made within one hundred twenty days, the scenic corridor management plan and enabling ordinance shall be forwarded to the council with no recommendation. (2007, ord 07-36, sec 1; am 2009, ord 09-118, secs 18 and 19.)25-6-63 Section 25-6-64. Corridor advocacy groups. (a) A corridor advocacy group is a non-profit community-based organization formed to promote, plan, or otherwise support a scenic corridor or corridors. (b) The council may designate, by resolution, an official corridor advocacy group for a scenic corridor, or proposed scenic corridor. (c) The council may delegate the preparation of the corridor management plan to the officially-designated corridor advocacy group. In that case, the corridor advocacy group shall provide the notices required under section 25-6-63(b) and prepare a corridor management plan conforming to section 25-6-63(c). The director shall prepare an enabling ordinance and the procedure shall thereafter follow section 25- 6-63(d) and (e). (2007, ord 07-36, sec 1.)25-6-64 Section 25-6-65. Conditions and standards imposed on a scenic corridor. (a) The council may impose conditions on the use of the property directly adjacent to the transportation corridor provided that the council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to public health, safety and welfare, (2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed with respect to protection of the public from the deleterious effects of the proposed uses, or fulfillment of the need for the public service demands created by the proposed uses and (3) Necessary to protect, preserve, and enhance the environmental, historic, cultural, scenic, archaeological, and/or recreational resources and intrinsic qualities identified within the scenic corridor. (b) In addition to the conditions in subsection (a), the council shall include conditions and standards as part of the proposed scenic corridor enabling ordinance needed to implement the intent of the corridor management plan. (2007, ord 07-36, sec 1.)25-6-65 25-149 § 25-6-66 H AWAI‘I C OUNTY C ODE Section 25-6-66. Review and approval of applications. After adoption of a scenic corridor enabling ordinance and corridor management plan, all approvals including, but not limited to sign permits, grading and grubbing permits, building permits, and subdivision approvals shall conform to the standards and conditions contained in the scenic corridor enabling ordinance. (2007, ord 07-36, sec 1.)25-6-66 Article 7. Special District Regulations. Division 1. Kailua Village Design Commission. Section 25-7-1. Purpose and applicability; boundaries. (a) The purpose of the Kailua Village design commission is to advise the director in matters concerning the design of buildings and structures and all public and private improvements within Kailua Village. (b) “Kailua Village” as used in sections 25-7-1 through 25-7-5 means that area bounded by the following: (1) Beginning at a point on the shoreline approximately four thousand feet west of the old Kailua wharf, mauka along the west boundary of TMK: 7-5-05:10 and 68 to the northwest corner of TMK: 7-5-05:68; (2) Southeast and east along the mauka boundary of the existing RS-15 zone to the west boundary of Kaiwi Street extension, mauka crossing Kuakini Highway along the west side of the Kailua Industrial Subdivision crossing Queen Kaahumanu Highway, approximately three hundred feet mauka running parallel and going east recrossing the Queen Kaahumanu Highway to the eastern end of Kalani Street; (3) Southwest along the makai side of the Queen Kaahumanu Highway and its extension to the south side of the Kona Hillcrest Subdivision; (4) Makai along the south side of the Kona Hillcrest Subdivision and along the south side of the parcels described as TMK: 7-5-30:23 and 24 to Kuakini Highway; (5) Makai, crossing Kuakini Highway along the south side of the parcels described as TMK: 7-5-18:1,4, and 61, and TMK: 7-5-19:18 to the shoreline; (6) North along the shoreline to the point of beginning and containing an area of approximately eight hundred twenty-five acres and as delineated on the map attached to Ordinance No. 628 (1974), as amended by Ordinance No. 630 (1974). (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-1 25-150 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) Art galleries. SUPP.10 (7-2021) 25-152 Z ONING § 25-7-22 (4) 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. (5) Bakeries. (6) Bars, cocktail lounges and night clubs. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses. (9) Broadcasting stations or studios (radio and television). (10) Business services. (11) Car washing, provided that the facilities are not detrimental to the character of the district. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Crop production. (15) Display rooms for products sold elsewhere. (16) Dwellings, double-family or duplex, with a maximum density of five hundred square feet of land area per rentable unit or dwelling unit. (17) Dwellings, multiple-family, with a maximum density of five hundred square feet of land area per rentable unit or dwelling unit. (18) Dwellings, single-family. (19) Family child care homes. (20) 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. (21) Financial institutions. (22) Group living facilities. (23) Home occupations, as permitted under section 25-4-13. (24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (25) Hotels and apartment hotels with a maximum density of five hundred square feet of land area per rentable unit. (26) Laundries other than those utilizing steam cleaning equipment, provided that the facilities are not detrimental to the character of the district. (27) Manufacturing, processing and packaging, light, provided that the activities are not detrimental to the character of the district. (28) Medical clinics. (29) Meeting facilities. (30) Model homes, as permitted under section 25-4-8. (31) Modeling agencies. (32) Museums and libraries. SUPP. 10 (7-2021) 25-153 § 25-7-22 H AWAI‘I C OUNTY C ODE (33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (34) Offices. (35) Personal services. (36) Photography and artist studios. (37) Public uses and structures, as permitted under section 25-4-11. (38) Publishing plants for newspapers, books and magazines, printing shops, cartographing and duplicating processes such as blueprinting or photostating. (39) Repair establishments, minor. (40) Restaurants. (41) Retail establishments, provided that they are not detrimental to the character of the district. (42) Schools, business. (43) Schools, photography, art, music, dance or other similar studios or academies. (44) Schools, vocational. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Theaters, auditoriums and indoor sports arenas. (48) 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.) 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.10 (7-2021) 25-154 Z ONING § 25-7-27 Section 25-7-27. Other regulations. (a) Plan approval is required for all new structures and additions to existing structures in the CDH district, except for construction of one single-family dwelling and any accessory buildings per lot. (b) The number of parking spaces required for double-family, duplex and multiple- family residential dwellings having a density greater than one thousand square feet of land area per rentable unit or dwelling unit within the CDH zoning district shall be one off-street parking space per unit. (c) Off-site parking may be provided to satisfy parking requirements of this section, as approved by the director. Off-site parking means parking provided for residents of double-family, duplex, or a multiple-family residential development that is neither on a public street nor located on the same property as the residence, but is located within a reasonable distance of the residence, as determined and approved by the director. Off-site parking shall be made available for the exclusive use of the rentable units or dwelling units it is meant to accommodate. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 16; am 2013, ord 13-95, sec 4.)25-7-27 Division 3. UNV, University District. Section 25-7-30. Purpose and applicability. The UNV (University) District shall apply to areas of land that are utilized for campus-related activities and is intended to apply to areas for the location and expansion of universities and the uses and facilities that are associated with and are supportive of them. Special consideration of such uses and facilities is appropriate given the unique characteristics of university areas, the variety of uses needed to serve the university community, and the varying intensity of land uses in such a community. (2007, ord 07-104, sec 3.) Section 25-7-31. Designation of UNV districts. Each UNV (University) district shall be designated by the symbol “UNV.” (2007, ord 07-104, sec 3.) 25-7-31 Section 25-7-32. Permitted uses. (a) University facilities including classrooms, laboratory and research facilities, administration facilities, athletic centers and facilities, auditoriums, student centers, libraries, museums, exhibition halls, cafeterias, student health clinics, maintenance facilities and parking lots. 25-155 § 25-7-32 H AWAI‘I C OUNTY C ODE (b) Limited retail and service establishments primarily intended to serve the specific needs of the student population of a university and are normally associated with higher education institutions, including, but not limited to, retail stores whose primary customers are students or faculty of a university, convenience stores, theaters, restaurants, recreational and amusement facilities, taverns, drug stores, book stores, health clubs, news stands, photocopying, office supplies, word processing or typing services, computer sales and service, laundries, university credit union, financial institutions, post office and video rentals. Such retail and services establishments shall not be used before the commencement of university operations. No single commercial establishment shall occupy more than twenty thousand square feet of gross floor space, excluding the university book store or cafeteria operations. (c) Dormitories, fraternity and sorority houses, and apartments and housing for currently enrolled university students and their dependents and for current university employees and their dependents. (d) Guest accommodations to accommodate visiting scholars and their dependents, parents visiting their children, alumni reunions, as well as participants in conferences and seminars held at or sponsored by the university. (2007, ord 07-104, sec 3.) 25-7-32 Section 25-7-33. Height limit. The height limit in the UNV district shall be sixty feet. (2007, ord 07-104, sec 3.) 25-7-33 Section 25-7-34. Minimum building site area. The minimum land area required for a UNV district shall be ten acres. The minimum building site area for leased lots shall be seven thousand five hundred square feet. (2007, ord 07-104, sec 3.) 25-7-34 Section 25-7-35. Minimum building site average width. Each building site in the UNV district shall have a minimum building site average width of sixty feet. (2007, ord 07-104, sec 3.) 25-7-35 Section 25-7-36. Minimum yards. The minimum yards in the UNV district shall be as follows: (a) Front and rear yards, twenty feet; and (b) Side yards, ten feet. (2007, ord 07-104, sec 3.) 25-7-36\\ Section 25-7-37. Other regulations. (a) Plan approval is required for all new structures and additions to existing structures in the UNV district. 25-156 Z ONING § 25-7-37 (b) A maximum of twenty percent of a UNV district’s land area may be in commercial use, including parking. (c) The planning director has the authority to vary the parking requirements for on- campus housing, offices and for pedestrian-oriented commercial uses. (2007, ord 07-104, sec 3.) 25-7-37 Division 4rict. Section 25-7-40. Purpose and applicability; boundaries. (a) The PVD is established to reinforce and promote while retaining its rural village feel and identity. The purpose of the regional town center is to serve as a compact medium density area for retail shopping, administrative and professional activities, cultural and artistic activities, other supportive business activities, and a mix of residential uses capable of serving both village residents and the ever more populous surrounding subdivisions. Further, the PVD district seeks to preserve the historical arcoa’s unique sense of place and identity, through the implementation of design guidelines within the PVD district. (b) The PVD district, as used in this chapter, means the area delineated on the map as provided after “design guidelines”) and further described as: (1) Road and Kea‘au- -Kalapana Road intersection; (2) All parcels having frontage on Post Off (3) All parcels having frontage on the west side of Kea‘au- and inclusive of tax map key numbers: 1-5-007:012 and 1-5-007:080; (4) All parcels having frontage on Kahakai Boulevard, including any extensions of Kahakai Boulevard up to the parcel identified by tax map key number 1-5- (5) Parcels identified by tax map key numbers: 1-5-005:024, 1-5-006:037, 1-5-006:015, 1-5-003:037 and 1-5-003:046; and (6) All parcels any part of which are designated medium density urban in Exhibit A of Ordinance No. 12-89 amending the general plan land use pattern allocation guide (LUPAG) map, with the following exclusions: (A) That portion of tax map key no: 1-5-002:020 that is not designated medium density urban in Exhibit A of Ordinance 12-89; and (B) Parcels identified by tax map key numbers: 1-5-001:003 and 1-5-008:001. (2015, ord 15-44, sec 4.) 25-7-40 25-157 § 25-7-41 H AWAI‘I C OUNTY C ODE Section 25-7-41. Design guidelines; intent; adoption; applicability. (a) is to articulate primary architectural features and building design characteristics that have historically been identified as the Hawai‘i plantation architectural style or theme. (b) Design guidelines may be adopted by resolution or as standards by ordinance and shall be administered by the director after giving due consideration to the retee having been established in accordance with section 25-2-72 of this chapter. (c) While no specific minimum number of the architectural features in the design guidelines shall be required for any proposed project, all buildings and structures within the PVD district, except as otherwise specified in section 25-7-42(d) below, shall be designed to be consistent with the design guidelines and to be complementary with the existing structures. (2015, ord 15-44, sec 4.) 25-7-41 Section 25-7-42. eview committee; purpose; procedures. (a) provide an opportunity for local review and comment, for consistency with the design guidelines, on plans for all new buildings and structures as well as alterations to the exterior of existing buildings and structures within the PVD district. (b) Upon request from the director, the Puna Community Development Plan Action Committee (PCDP AC) shall identify and recommend one or more appropriate committee and providing any necessary administrative support that may be required. Committee membership should reflect a broad cross section of the P regional town center service area and, to the extent reasonably possible, shall include representation from the construction industry, local businesses, and architecture and design professionals. (c) The director shall provide the committee with an opportunity to conduct an architectural and design review, for consistency with the design guidelines, of all applications for plan approval, P.U.D. or sign permit, except as provided for in subsection (d) below. (1) The committee shall complete its review of any application for plan approval and submit its written recommendations along with the reviewed plans stamped “Reviewed by” with the date and signature of the committee chair to the director within twenty-five calendar days of receipt of such application from the director. (2) The committee shall complete its review of any application for a P.U.D. and submit its written recommendations along with the reviewed plans stamped “Reviewed by” with the date and signature of the committee chair to the director within twenty-five calendar days of receipt of any plans for partial or final full approval from the director. 25-158 Z ONING § 25-7-42 (3) The committee shall review and submit its written recommendations on applications for sign permits as provided in chapter 3, article 3 of this Code. (4) Committee recommendations to the director shall be consistent with the provisions of the County Charter, general plan, Puna community development and any master plan adopted for the PVD district. (d) The director may waive the requirement for architectural and design review by the committee when the proposed improvements will clearly have little or no visual impact on the preservation or promotion of the Hawai‘i plantation architectural theme, including, but not limited to: (1) The construction or installation of accessory buildings or structures or minor alterations to the exterior of any existing building or structure that is not visible from any street frontage of the building site; (2) The addition or replacement of accessory features such as flag poles, roof gutters and downspouts, railings and fencing of similar size, style and material or that more closely conforms to the design guidelines; (3) Painting or repainting of the exterior of any building, structure or accessory feature that is consistent with the design guidelines; or (4) The replacement of existing doors and windows where the size of the replacement door or window is within ten percent of the size of the original door or window. (e) In order to assist applicants with designing projects that satisfactorily conform to the design guidelines, the committee shall also develop a process for and be available to provide preliminary review of conceptual plans prior to formal submittal of detailed plans and an application for a building permit, plan approval, P.U.D. or sign permit. (f) The committee shall conduct a comprehensive review of the design guidelines and PVD district boundaries and submit its recommendations for amendments to the design guidelines and PVD district boundaries to the PCDP AC within ten years following adoption of the design guidelines, and every ten years thereafter. The committee may prepare and submit to the PCDP AC recommendations for interim amendments to the design guidelines and PVD district boundaries as it deems necessary. (2015, ord 15-44, sec 4.) 25-7-42 Article 8. Zoning Map, District and Urban Zone Maps.* Section 25-8-1. Maps incorporated by reference. The maps described in this article delineate the zoning districts designated in article 5 of this chapter and are hereby incorporated by reference to this chapter. A copy of each map referred to shall be filed in the planning department. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-1 * Editor's Note: A schedule of amendments to the zoning maps can be found in an annex to the zoning code, pursuant to section 25-3-3. 25-159 § 25-8-2 H AWAI‘I C OUNTY C ODE Section 25-8-2. North and South Kona districts zone map. North and South Kona districts zone map, as adopted on February 17, 1967, by the commission and marked thereupon as section 7.01. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-2 Section 25-8-3. North Kona zone map. North Kona zone map, as adopted on February 17, 1967, by the commission and marked thereupon as section 7.02. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-3 Section 25-8-4. South Kona zone map. South Kona zone map, as adopted on February 17, 1967, by the commission and marked thereupon as section 7.03. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-4 Section 25-8-5. Kailua urban zone map. Kailua urban zone map, as adopted on February 17, 1967, by the commission and marked thereupon as section 7.04. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-5 Section 25-8-6. Kailua-Honalo urban zone map. Kailua-Honalo urban zone map, as adopted on February 17, 1967, by the commission and marked thereupon as section 7.05. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-6 Section 25-8-7. North and South Kohala districts zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-7 Section 25-8-8. Upolu Point-Kaauhuhu homesteads zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-8 Section 25-8-9. Hawi-Kapaau zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-9 Section 25-8-10. Halaula-Niulii zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-10 Section 25-8-11. Lalamilo-Puukapu zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-11 Section 25-8-12. Kawaihae-Puako zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-12 Section 25-8-13. Puako-Anaehoomalu zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-13 25-160 Z ONING § 25-8-14 Section 25-8-14. Waikoloa Village zone map. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-14 Section 25-8-15. district zone map. district zone map, marked thereupon as section 7.11. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-15 Section 25-8-16. district homesteads area zone map. district homesteads area zone map, marked thereupon as section 7.12. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-16 Section 25-8-17. Haina-Honoka‘a-Kukuihaele zone map. Haina-Honoka‘a-Kukuihaele zone map, marked thereupon as section 7.13. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-17 Section 25-8-18. Pa‘auilo-Kukaiau zone map. Pa‘auilo -Kukaiau zone map, marked thereupon as section 7.14. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-18 Section 25-8-19. North Hilo district zone map. North Hilo district zone map, marked thereupon as section 7.15. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-19 Section 25-8-20. ‘ zone map. zone map, marked thereupon as section 7.16. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-20 Section 25-8-21. - zone map. -zone map, marked thereupon as section 7.17. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-21 Section 25-8-22. Puna district zone map. Puna district zone map, marked thereupon as section 7.18. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-22 Section 25-8-23. Volcano-Mt. View zone map. Volcano-Mt. View zone map, marked thereupon as section 7.19. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-23 Section 25-8-24. Kurtistown zone map. Kurtistown zone map, marked thereupon as section 7.20. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-24 Section 25-8-25. Kea‘au zone map. Kea‘au zone map, marked thereupon as section 7.21. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-25 25-161 § 25-8-26 H AWAI‘I C OUNTY C ODE Section 25-8-26. zone map. zone map, marked thereupon as section 7.22. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-26 Section 25-8-27. Kalapana-zone map. Kalapana-zone map, marked thereupon as section 7.23. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-27 Section 25-8-28. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-28 Section 25-8-29. Village zone map. Village zone map, marked thereupon as section 7.25. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-29 Section 25-8-30. zone map. zone map, marked thereupon as section 7.26. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-30 Section 25-8-31. zone map. zone map, marked thereupon as section 7.27. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-31 Section 25-8-32. South Hilo district zone map (exclusive of the city of Hilo, -- South Hilo district zone map (exclusive of the city of Hilo-Onomea, and Hakalau-) marked thereupon as section 7.28. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-32 Section 25-8-33. City of Hilo zone map. City of Hilo zone map, marked thereupon as section 7.29. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-33 Section 25-8-34. -Onomea zone map. -Onomea zone map marked thereupon as section 7.30. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-34 Section 25-8-35. zone map. zone map, marked thereupon as section 7.31. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-35 Section 25-8-36. Hakalau-zone map. Hakalau-zone map, marked thereupon as section 7.32. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-8-36 25-162 Chapter 25 – Zoning Code Annex Schedule of Amendments to Zoning Maps By Zoning Map This page left intentionally blank. CHAPTER 25 ZONING CODE ANNEX Schedule of Amendments to Zoning Maps By Zoning Map Zoning Map No. Zoning Map Page Page 7.01 North and South Kona (§ 25-8-2) ................................................... 25A-1 7.02 North Kona (§ 25-8-3) ..................................................................... 25A-7 7.03 South Kona (§ 25-8-4) ................................................................... 25A-27 7.04 Kailua Urban (§ 25-8-5) ................................................................ 25A-33 7.05 Kailua-Honalo Urban (§ 25-8-6) ................................................... 25A-39 -- North and South Kohala District (§ 25-8-7) ................................. 25A-43 -- Upolu Point-Kaauhuhu Homesteads (§ 25-8-8) ......................... 25A-52 -- -Kapaau (§ 25-8-9) ............................................................... 25A-55 -- Halaula-Niulii (§ 25-8-10) .......................................................... 25A-57 -- milo-Puukapu (§ 25-8-11) ..................................................... 25A-58 -- - (§ 25-8-12) ......................................................... 25A-63 -- -Anaehoomalu (§ 25-8-13) ................................................ 25A-65 -- Waikoloa Village (§ 25-8-14) ......................................................... 25A-68 7.11 District (§ 25-8-15) ....................................................... 25A-69 7.12 District Homesteads (§ 25-8-16) .................................. 25A-71 7.13 Haina, Honokaa-Kukuihaele (§ 25-8-17) ..................................... 25A-73 7.14 Paauilo-Kkaiau (§ 25-8-18) ....................................................... 25A-74 7.15 North Hilo District (§ 25-8-19)...................................................... 25A-75 kala (§ 25-8-20) ....................................................................... 25A-76 7.16 O 7.17 Laupahoehoe-Nnole (§ 25-8-21) ................................................... 25A-77 7.18 Puna District (§ 25-8-22)............................................................... 25A-78 7.19 Volcano--8-23) ........................................................ 25A-82 7.20 -8-24) .................................................................. 25A-83 7.21 Keaau (§ 25-8-25) ......................................................................... 25A-85 7.22 (§ 25-8-26) .......................................................................... 25A-86 7.23 Kalapana-(§ 25-8-27) ........................................................ 25A-88 7.24 KaDistrict (§ 25-8-28) ............................................................... 25A-89 7.25 Village (§ 25-8-29) ............................................................. 25A-91 7.26 (§ 25-8-30) ..................................................................... 25A-92 7.27 Wai(§ 25-8-31) .................................................................... 25A-93 7.28 South Hilo District (§ 25-8-32) ...................................................... 25A-94 7.29 City of Hilo (§ 25-8-33) .................................................................. 25A-96 7.30 ikou-Onomea (§ 25-8-34) ................................................... 25A-132 7.31 Pepe(§ 25-8-35) .................................................................. 25A-134 7.32 Hakalau-(§ 25-8-36) ..................................................... 25A-135 25A-i This page left intentionally blank. North and South Kona § 25-8-2 - 26 - 1c 5) -- 1 - 980 1975 C.C.7.01(a)7.01(b)7.01 (c7.01(c)7.01(e)7.01(f) Am. byOrd. 596617.01(g) 1a3a35a3a3a3a900a,1a3a3a3a3a7 -------------- FinalZoning AAVAAAAAAAAAAV 3 - 20a20a20a20a20a20a20a20a20a20a20a ----------- OriginalZoning AAOAAAAAAAAAO and V :15 02:22,23 and 3603:Por. 207:1,2,3,4,503:Pors. 1 and 2 24:1306:125:0624:202424:1624:924:424:21 ------------- 6323333233232 2 ------------- - TMK of ParcelAffected 8777777777777 8 - (North and South Kona) – § 25 , North Kona North Kona ehu, North Kona ZONING MAP No. 7.01 Puukala and Ka General Location Kealia 2nd, South KonaKaloko, North KonaKaupulehu, Kohanaiki Homesteads, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaOhiki,Kaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaupul 1976198319861987 ---- 19731977198019801980198419851986 -------- 1976 -29292528 ---- 27328213012112819 --------- EffectiveDate 63124445119581110 52614683131113 ------ Ord.No.593194242267555560570838485868687 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13) North and South Kona § 25-8-2 25A-1 North and South Kona § 25-8-2 1975 C.C. 3 - 1010- -- -- 10, O 10 -- 1986) - 1986)1985) 3, RM3, RM10, CV -- 10, V10, V --- -- 25 -3a1a3a5a3a2.25, RM1a10a 83)131)46) 1928 -------- --- -- FinalZoning RMCV2.25, VAAAARMCV2.25, VAVRM10, OAA 10 -- 3 - 3, - 10, 10, 10,10, O - -- 20a20a20a2.25, V20a2.25, V20a ------- OriginalZoning(Amends Ord. 86(Effective Date 8(Amends Ord. 86(Effective Date 11(Amends Ord. 85(Effective Date 5OAUAAO, RMCVVAV10, RMRMCVUA , 39, 40, 41, 58, 3:Por. 121:30 and 333:Por. 103:Por. 4,5, and 605:9, 10, 22, 26 24:424:2124:924:3524:724:526:2 -----------34,- - 33323105:573123213 ------------8- TMK of ParcelAffected 7777777877772and 597 General Location Kaloko, North KonaKaloko, North KonaKaloko, North KonaKaupulehu, North KonaKaloko, North KonaPuuanahulu, North KonaKaloko, North KonaKaupulehu, North KonaKaloko, North KonaKaupulehu, North KonaPuuanahulu, North KonaKaloko, North Kona 198819891992 --- 198819881988198919891989199419941995 --------- 1992 2711-29 --- 3131303012122281321 ---------- EffectiveDate 5561017712910673 5 717291157010310415595116757844 ------------- Ord.No.88888888898989899292949495 - Paragraph(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25)(26) North and South Kona § 25-8-2 25A-2 North and South Kona § 25-8-2 1975 C.C. 5a - 3a5a3a3a3a1a,3a,200a255a,8000a8a3a, A5a10a3a3a5a5a ------------------ FinalZoning AAAAAAAAAAAAAAAAAA 20a20a20a20a20a20a20a20a20a20a20a20a20a20a -------------- OriginalZoning AAAAAAAAAAAAAA Por. 1 12:12,02:23 and 27 24:625:1124:1025:1625:525:1725:1027:1125:1402:0202:0225:4 -------------- 33333233333333 -------------- TMK of ParcelAffected 77777877777777 st, North Kona General Location Kaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKealakekua, Kiloa, Waipunaula, KalamaKalaoa, 1Kaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKalaoa 3rd, North KonaKaloko, North Kona 19951995199519951995199519951996199619961996199619971997 -------------- 9 - 21212121212318181919191313 ------------- EffectiveDate 333335113399933 45464748497012824251001011023743 -------------- Ord.No.9595959595959596969696969797 - Paragraph(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38)(39)(40) North and South Kona § 25-8-2 25A-3 North and South Kona § 25-8-2 1975 C.C. 1995)1991)1999)00) ---- 3a3a -- 10a7a10a5a5a1a10a 70)22)79)105) 23152318 ------- ---- ---- FinalZoning FAAAAAAFAAA 20a20a20a20a20a20a20a20a -------- OriginalZoning AAA(Amends Ord. 95(Effective Date 5(Amends Ord. 91(Effective Date 3AAAAUA(Amends Ord. 99(Effective Date 6(Amends Ord. 00(Effective Date 9 12:12, Por. 105:9, 10, 22, 26,05:9, 10, 22, 26,05:9, 10, 22, 26, 24:125:226:410:2726:525:1225:1325:1526:19 ----------34, 39, 40, 41, 58--34, 39, 40, 41, 58-34, 39, 40, 41, 58 --- 3432333331311 ------------- TMK of ParcelAffected 777877777728and 597728and 59728and 59 Kona uanahulu Homesteads, North Konauanahulu Homesteads, North Konauanahulu Homesteads, North Kona General Location Kaloko, North KonaHonokohau 1st and 2nd, North KonaKaloko, North KonaKealakekua, Kiloa, Waipunaula, Kalama,Kalaoa 5th, NorthKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaPuKaloko, North KonaPuPu 199799819981998199819991999200020002001 --------- 1997199711998 ---- 7912222727271523171816 ------------- EffectiveDate 4697788836597 5474117636690919235795110564 ------------- Ord.No.97979798989898989999000001 - Paragraph(41)(42)(43)(44)(45)(46)(47)(48)(49)(50)(51)(52)(53) North and South Kona § 25-8-2 25A-4 North and South Kona § 25-8-2 1975 C.C. 01) - 5a3a3a --- 10a10a5a10a10a10a10a10a10a10a 64) 16 ---------- - - FinalZoning FAFAAAAAAFAAAAAA 20a20a20a20a20a20a20a20a20a20a20a20a20a ------------- OriginalZoning AA(Amends Ord. 01(Effective Date 7AAAAAAAAAAA 24:1 and 205:9, 10, 22, 26, 24:1126:1627:1025:826:1527:2125:726:1127:727:626:1426:13 34, 39, 40, 41, --- ----------- - 33133333333333 -------------- TMK of ParcelAffected 7772858 and 5977777777777 uanahulu Homesteads, General Location Kaloko, North KonaKaloko, North KonaPuNorth KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North Kona 2002200220042004200420042004200420052005200520062006 ------------- e 2002 -88 -- 21212111114121616161312 ------------ EffectiveDat 4992268121255515 45105106131463891461476566670458 -------------- Ord.No.0202020404040404040505050606 - Paragraph(54)(55)(56)(57)(58)(59)(60)(61)(62)(63)(64)(65)(66)(67) North and South Kona § 25-8-2 25A-5 North and South Kona § 25-8-2 1975 C.C. 05)06)98) --- 3a2a --161602 --- 5a10a10a10a7a10a5a10a70, and 66)82) 63, that --------- -- - FinalZoning AFAAOAAAFAAAA 70) - 95 s 20a20a20a1a20a20a20a5a20a20a20a ----------- OriginalZoning AAAAAAAAA(Amends Ord. 05(Effective Date 05A(Amends Ord. 06(Effective Date 06A(Repeals Ord. 98amended Ord. 95repeal(Effective Date 07 1) - 2 -00 Por. TMK: 8 47 and - 048:0055:9 and026:017026:003004:027048:001027:007025:002024:008027:003012:001, 012, 014 001:101 25:924:87:4427:14 ---------------- 3331133323333322 ---------------- TMK of ParcelAffected 777777777777778(Por.), 015, and8(formerly012:012 Kona h Kona o 2nd and Manini uanahulu, North Kona General Location Kaloko, NortKaloko, North KonaKaloko, North KonaPuKaloko, North KonaKaloko, North KonaKaloko, North KonaNorth KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North KonaKaloko, North Kealakekua, Kiloa, Waipunaula, Kalama, 201520161920222323 ------- 2006200620062016 ---- 200720092009 ---20242501032108 ------- 12162749925 ------- EffectiveDate 567422117100105080608 59821104605061057999434875257 -------------- Ord.No.0606060709091516161920222323 - Paragraph(68)(69)(70)(71)(72)(73)(74)(75)(76)(77)(78)(79)(80)(81) North and South Kona § 25-8-2 SUPP. 15 (1-2024) 25A-6 North Kona § 25-8-3 1) and2) -- 1975 C.C.6.02(a), 7.02(a)6.02(b), 7.02(b)7.02(c)7.02(d)7.02(e)7.02(f)7.02(h)7.02(g7.02(g7.02(j)7.02(i)7.02(k)7.02(l) 5 10 3.75 7.5 and1010 10-15 - - --- -- 1.251a1a --- FinalZoning RDVRSARM.5RS7.5RMCVACNCVRSCV 3.75 15 - - 1a5a1a1a5a1a1a ------- OriginalZoning AUUAAARDARSAUA 09: - 4 - (North Kona) 08:10104:10 and 708:Por. 1708:Por. 108:Por. 1 0807120807:2213:1213:19 ------------ – 477944499446 ------------ 3 -TMK of ParcelAffected 77777719777777 8 - § 25 ZONING MAP No. 7.02 General Location Kealakehe, North KonaPahoehoe 4th, North KonaLaaloa 1st, Laaloa 2nd and Kapalaalaea1st, North KonaHokukano 1st, North Kona and Keauhou2nd, North KonaKealakehe Homesteads, North KonaKealakehe Homesteads, North KonaKealakehe Homesteads, North KonaHonuaino 2nd, North KonaKanaueue 2nd, North KonaKeahuolu, North KonaKeahuolu, North KonaHolualoa 2nd, North Kona 196819691970 --- 196819681969196919701970 ------ 196819681969 --20-1512 --- 119177520222826 --------- EffectiveDate 567811389121211 Ord.No.124132140141169198247264287297303351 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) North Kona § 25-8-3 25A-7 North Kona § 25-8-3 2) - 73 - 28 1 to r - - 1975 C.C.7.02(m)7.02(o)7.02(n)7.02(p)7.02(q)7.02(rAm. by Ord.615117.02(s)7.02(t)7.02(u)7.02(v)7.02(x)7.02(cc) 1a - 2 10 .5a -101010 - - --- 1a1a3a, A1a3a1a1a ------- FinalZoning ARMARSRSAARSAAACNRA 15 - 3a1a3a1a1a5a, U1a20a3a20a1a ----------- OriginalZoning AAAAAAUAAAARSA 1 and 2 - 08:Por. 3203:Por. 2609:10 and 12 09:5708:6804:2009:7124:1003:506:1602:1213:407:33 ------42------- - 3534453633398 ------------- TMK of ParcelAffected 777777287777777 a a 1st, North Kona General Location Kaloko, North KonaPuaKaloko, North KonaKealakehe Homesteads, North KonaKealakehe Homesteads, North KonaKeopu 3rd, North KonHamanamana, North KonaHolualoa 1st and 2nd, North KonaOoma 1st, North KonaKaloko, North KonaKalaoa 1st, North KonaKanaueue 2nd, North KonaKeauhou 1st, North Kona 1971 - 19721972197219721972197219721972 -------- 1972197219721972 22---- - 23118827181115151528 ------------ EffectiveDate 12345567888888 Ord.No.438455461467468479483490491503506507509 - Paragraph(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25) North Kona § 25-8-3 25A-8 North Kona § 25-8-3 - 2) - 27 - 1 to r - 1973 - 27 - 1975 C.C.7.02(bb)7.02(z) Am. byOrd. 557, 219737.02(y)7.02(aa) Am. byOrd. 558,27.02(ee)7.02(dd)7.02(z)7.02(aa)7.02(ff)7.02(gg) Am byOrd. 423,7.02(ii)7.02(hh) Am. by Ord. 622,7.02(r7.02(hh) 1973) - 1972)1972)1972) 1.25 --- 15- 27 - 1a1a1a1a1a1a1a1a- 282827 -------- --- FinalZoning RSAAAAAARMAA 3a5a5a3a1a20a5a ------- OriginalZoning UUAUAA(Amends Ord. 512)(Effective Date 8(Amends Ord. 514)(Effective Date 8AAAA(Amends Ord. 479)(Effective Date 6(Effective Date 11 - 10: - 3 - 21 and 28 - 42 19:Por. 2905:34 and10:Por. 2704:Por. 7305:34 and 702:Por. 808:Por. 17 07:3710:110:410:108:6303:1016:3324:10 --------------- 833338933394554 --------------- TMK of ParcelAffected 77777777Por. 277777777 General Location Keauhou 2nd, North KonaKaloa 5th, North KonaOoma 2nd, North KonaOoma 1st, North KonaKeauhou 1st, North KonaKanaueue 1st, North KonaKalaoa 5th, North KonaOoma 1st, North KonaKaloko, North KonaMaihi 1st and 2nd, North KonaHonokohau 1st, North KonaKahalui 1st, North KonaKeopu 3rd, North KonaKealakehe, North Kona 1972197319731973 ---- 19721972197219721972197319731973 -------- 19731974 182-282728- ----- 2828282827278302 --------- EffectiveDate 8888101122681111114 Ord.No.510512513514526532557558583605611612615622 - Paragraph(26)(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38)(39) North Kona § 25-8-3 25A-9 North Kona § 25-8-3 - - xx — -- 1 to 00 1 -1 - - 1975 C.C.7.02(kk)7.02(ll)7.02(mm)7.02(nn)7.02(002)7.02(pp)7.02()7.02(qq)7.02(rr)7.02(ss)7.02(tt7.02(uu)7.02(vv)7.02(xx2) 1a1a 45,4 -- 10 1015--10-151010 ------- 1a1a1a5a ---- FinalZoning ARSRSRMRMRSRSRMAARSMGMGRSRSA 5 - 5 - 1a1a1a, RM1a ---- OriginalZoning UAUAAUAUUUOOURMO 22, - 7 - 04:11 and 4208:Por. 1210:Por. 408:Por. 1710:Por. 410:Por. 8 and 943:Por. 3, 610:Por. 33 11:4904:2404:4405:1743:413:2417:1 -----------31,---- - 344944943533643 --------------- TMK of ParcelAffected 77777777777287777 4th, - 4th, North Kona4th and Ooma 1st, -- General Location Kalaoa 1st and 2nd, North KonaKealakehe Homesteads 1st Series,North KonaKeahuolu, North KonaKanaue 1st, North KonaKealakehe, North KonaKealakehe Homesteads, North KonaKanaueue 1st, North KonaKealakehe Homesteads, North KonaOoma 1st, North KonaAuhaukeae 1st and 2nd, North KonaOoma 1st, Kalaoa 1stHamanamana and Haleohiu, North KonaKalaoa 1stHolualoa 1st and 2nd, North KonaKealakehe, North KonaKalaoa 1stNorth Kona 197419741974 --- 1974197419751977197719781979198019801980 ---------- 19751980 262627-- --- 2929122242430281212123 ------------ EffectiveDate 441111122555632256 Ord.No.262973748389110276277370424530531565581 - Paragraph(40)(41)(42)(43)(44)(45)(46)(47)(48)(49)(50)(51)(52)(53)(54) North Kona § 25-8-3 25A-10 North Kona § 25-8-3 -- -- -- 1 – - 1 - 3) 2) 5) - - - 3) - 1975 C.C.7.02(yy)7.02(zz)7.02(aaa)7.02(bbb)7.02(ccc)7.02(ddd)7.02(eee)7.02(ffff)7.02(ggg 1 ggg7.02(hhh 1 hhh7.02(iii)7.02(jjjjjj7.02(kkkkkk - 7,7 -- 1a 3.5, RS 34, RM4, RM 10 20 10 - 7.57.5-207.5--- - - - ---- 3a - FinalZoning--RSRSCGRMRSRSCVRM15, OMGARMCNRM 10 - 1a1a1a1a ---- OriginalZoning--UAAAURSA--OUUU 12 - 8 - 10, Por. - Por. 7 8 - 13:Por. 1104:1304:710:605:4214:10313:3511,43:Por. 305:Por. 119:Por. 119:Por. 5 - ----------- 8 64558463255 ------------ TMK of ParcelAffected Relative to theDelineation of theProposed Alii DriveRealignment atKahului 1st toKahuluu, North Kona7777777Por. 777777 h Kona a 1st, North Kona ului 2nd, North Kona General Location Kanului 1st to Kahaluu, North KonaHolualoa 1st and 2nd, North KonaKealakehe, NortLanihau 2nd and Moeauoa 2nd,North KonaPuaKeauhou 2nd, North KonaKealakehe, North KonaHolualoa 1st and 2nd, North KonaKahaluu, Keauhou 1 and Keauhou 2, North KonaHamanamana, Kalooa and Ooma 1st, North KonaKau, North KonaKahKahului 1st, North Kona 19801981198119811981198119821983198319831983 ----------- 19821982 -- 181020103121922810151818 ------------- EffectiveDate 8224892292244 Ord.No.610666674684713717756760820846850869870 - Paragraph(55)(56)(57)(58)(59)(60)(61)(62)(63)(64)(65)(66)(67) North Kona § 25-8-3 25A-11 North Kona § 25-8-3 1975 C.C.7.02(lll) - 1510 -1a -- 1a - - 20, O - 1985) - 5 and RS5 1a 20 7.5, RS7.5, RS15, RM 15--20 - - 26 ----- 500a, A3a1a1a- 86) ---- - FinalZoning RSRSMLACNRSRS3.0, CNO and MLRM15RMRSAAA 1a3a5a --- OriginalZoning UUOUAUUUUAUUA(Amends Ord. 85(Effective Date 11 06:9, - 213 and -- 10:18 and 2008:Por. 1109:Por. 104:7, 708:Por. 221:4, 921:Por. 1606:Por. 55 05:2709:1907:3405:906:2305:9 --------17------ - 57323346633483 -------------- TMK of ParcelAffected 777613, 16777715777777 General Location Puaa 3rd, North Kona Pahoehoe 4th, Laaloa 1st and 2nd and Kapalaalaea 1st, North Kona Kaloko, North Kona Ohiki, North KonaKalaoa 5th, North Kona Kaloko and Kohanaiki, North KonaKeahuolu, North KonaHolualoa 1 and 2, North KonaHolualoa 1 and 2, North KonaKohanaiki, North KonaReservedKalaoa 5th, North KonaHonokohau, North KonaKeauhou 1st, North KonaKalaoa 5th, North Kona 198319831983198319831985 ------ 1983198419841984198419861986 ------- 1986 1326291219926- ------- 1610153124925 ------- EffectiveDate 510101112122571011366 28385254630923427186286171 ------------- Ord.No.87983838383838484848485868686 - Paragraph(68)(69)(70)(71)(72)(73)(74)(75)(76)(77)(78)(79)(80)(81)(82) North Kona § 25-8-3 25A-12 North Kona § 25-8-3 1975 C.C. 3a - 1983)1983) -- 1983)1984)1983)1983) 4 and -3a, MG--1984)1986)- 20 10- --- - 26 19 - --1a1a1a 63)38)9)9 and Ord. 18101815 --- 23 and Ord. ---- ---3119- - -- FinalZoning MLAAARSRMCN 1984 and 71984 and 8 -- 42) (Effective Dates94) (Effective Dates -- 3a20a1a 1810 --- -- OriginalZoning(Amends Ord. 870)(Effective Date 4(Amends Ord. 83(Effective Date 12(Amends Ord. 83(Effective Date 10O(Amends Ord. 84(Effective Date 2AA(Amends Ord. 869)(Effective Date 4UAU(Amends Ord 84845(Amends Ord. 84862(Amends Ord. 850)(Effective Date 2 - 3 - 19:Por. - 5 - 543:Por. 3 18:61, 751:Por. 1, 2 to 5909:Por. 5, 708:Por. 219:Por. 110:8 and 5721:4, 9 to 13, and8:Por. 25:Por. 1 09:1908:6704:407:4404:45 -------------- 53334335345642 -------------- TMK of ParcelAffected 77777777777715 to 1777 a rth Kona oma 1st, North Kona General Location Waiaha 2nd and Kahului 1st, North KonaKaloko and Kohanaiki, North KonKaloko, North KonaOoma 1st and 2nd, North KonaKeahuolu, North KonaKaloko, North KonaKalaoa 5th, North KonaKahului 2nd, North KonaOKealakehe, North KonaAuhaukeae 1st and 2nd, North KonaHolualoa 1 and 2, North KonaKeahuolu, NoKau, North Kona 19861987 -- 19861986198619861986198719871987198819881988 ----------- 1986 -1523 -- 91919191925111130181829 ------------ EffectiveDate 7888881255712112 799192939498135474878129040523 -------------- Ord.No.8686868686868687878787888888 - Paragraph(83)(84)(85)(86)(87)(88)(89)(90)(91)(92)(93)(94)(95)(96) North Kona § 25-8-3 25A-13 North Kona § 25-8-3 1975 C.C. - - - - - - 10, - 3,3, V 10, RS 15, RS -- 2, CV- 5 RS - - 1987) - - 1a 3.5, RM 20 10 1a - 101015 - - - - 23 --- - 1, V1a 129)38 and Ord. -- -- FinalZoning RACNRSRSRSV10, CN10, RS20, RMRM4, RM10, RM1.25, CVMLMGA 1a 15 - 92) (Effective Dates - - 5a1a -- OriginalZoning A(Amends Ord. 87(Effective Date 12(Amends Ord. 8386RSUUAOOMLU 59 10:8 and 5751:Por. 1 and 2 to 4:Pors. 5 and 169:Por. 38:Por. 205:Por. 85 12:1810:575:865:8720:5 ----------- 95393332343 ----------- TMK of ParcelAffected 77777777777 General Location Kanaueue 1st and 2nd, North KonaAuhaukeae 1st and 2nd, North KonaKaloko, North KonaHolukano 1st, North KonaKalaoa 4th, North KonaKalaoa 4th, North KonaKaloko, North KonaKukio 1st, North KonaKohanaiki, North KonaKeahuolu, North KonaKalaoa 4th, North Kona 19881988 -- 198819881988198819881988198819881989 --------- 272777 ---- 30302929171723 ------- EffectiveDate 667788101011112 889211111211511715415815916630 ----------- Ord.No.8888888888888888888889 - Paragraph(97)(98)(99)(100)(101)(102)(103)(104)(105)(106)(107) North Kona § 25-8-3 25A-14 North Kona § 25-8-3 1975 C.C. - 20 - 1a - 1983) - 1988)1981)1972) 1a1a 22.5, CV 3a--- -- 7.5, RS 20-15, A1015- - 13 ----- - 4)28) 181028 -- --- FinalZoning RSRMMGMLRSRSRSMGRSRM7.5 3.75 - 1a - 1a - OriginalZoning UUMLO(Amends Ord. 88(Effective Date 1U(Amends Ord. 684)(Effective Date 4UU, A(Amends Ord. 513)(Effective Date 8(Amends Ord. 83(Effective Date 10OUU, RD - - 5 - 13,and 15 - 1723:63 10:Por. 2720:73, 74 and 7508:Por. 221:4, 917:28 and 2908:Por. 1143:Pors. 1, 2,10:Por. 50 and11:610:13 and 7 08:3304:707:3007:507:37 --------------- 354465577373885 --------------- TMK of ParcelAffected 777777777777and 3777 4th, Hamanamana, – General Location Kalaoa 5th, North KonaPuapuaa 1 and 2, North KonaKeahuolu, North KonaHonokohau 2nd, North KonaHolualoa 1st and 2nd, North KonaPuapuaaiki and Puapuaanui, North KonaLanihau 2nd and Moeauoa 2nd,North KonaLaaloa 1st and 2nd and Kapalaalaea 1st,North KonaPahoehoe 4th, North KonaOoma 2nd, North KonaPahoehoe 4th, Laaloa 1st and 2nd andKapalaalaea 1st, North KonaKalaoa 1st Haleohiu, Makaula, Kau and Puukala,North KonaKeauhou 1, North KonaHienaloli 4th and 5th, North Kona 19901990 -- 198919891989199019901990199019901990199219921992 ------------ 3027 -- 221313122727161414222224 ------------ EffectiveDate 5664557881112114 677783406263839699146162020436 -------------- Ord.No.8989899090909090909090929292 - Paragraph(108)(109)(110)(111)(112)(113)(114)(115)(116)(117)(118)(119)(120)(121) North Kona § 25-8-3 25A-15 North Kona § 25-8-3 1975 C.C. - 10,0 - 42, - 1988)1988)1984)1988)1990) 5a 40a, MG ----- 2010,CG202020 1015 - 96) ----- -- - 77)5)23 as23 as63) 1318152927 ----- ----- FinalZoning RSCGMLCORSCGCGCG 62 and 91 - 4, 90 - 1a1a1a1a ---- OriginalZoning(Amends Ord. 89(Effective Date 6U(Amends Ord. 88(Effective Date 1A(Amends Ord. 84amended by Ord Nos. 8488(Effective Date 5O(Amends Ord. 88amended by Ord. 850)(Effective Date 2U(Amends Ord. 90(Effective Date 5UAAA 13, and - 4:Olioli Road - 20:73, 74, and 758:Por. 221:4, 908:Pors. 26 and05:Por. 108:Por. 1217:28 and 2910:Por. 62 5:884:43004:1904:54 -----17-------- - 5345642455555 ------------- TMK of ParcelAffected 777771574977777Remnant77 and General Location Puapuaa 1 and 2, North KonaKalaoa 4th, North KonaKeahuolu, North KonaLanihau 2nd, Moeauoa 1st, Moeauoa 2nd Holualoa 1 and 2, North KonaHonokohau 2nd, North KonaKau, North KonaKeahuolu, North KonaPuapuaaiki and Puapuaanui,North KonaHienaloli 4th, North KonaLanihau 1st, North KonaLanihau 1st, North KonaLanihau 1st, North Kona 1993 - 1992199219921992199319931993199319931993 ---------- 19931993 2--29888 ----- 25222272712229 -------- EffectiveDate 677114456811121212 7682851182638456676118120122124 ------------- Ord.No.92929292939393939393939393 - Paragraph(122)(123)(124)(125)(126)(127)(128)(129)(130)(131)(132)(133)(134) North Kona § 25-8-3 25A-16 North Kona § 25-8-3 1975 C.C. 1a - 42, -83) - - 1a 3.5 - 23,115, - -- 1992)93) -- 1984, as1988) -- 3.5, RS 20, ML 36)38) 7.5-20 a2427 - -- -- 1517-- - 3a1a1a -- --- 96, and - FinalZoning RSAACVand MLRM7.5 RMA1RSA 62, 91 - 1.25 - 4, 9026) -- 5a, U3a3a --- OriginalZoning U(Amends Ord. No. 84Effective Date 5amended by Ord Nos. 848893UAO, U(Amends Ord. No. 88Effective Date 8U V(Amends Ord. No. 684, asamended by Ord. No. 90AU(Amends Ord. 92(Effective Date 4A(Amends Ord. 93(Effective Date 4 23:63 - 5 - 13, and - 04:Por. 3 - 1 03:7 and 1721:4, 912:Por. 3, 4, and08:21 and 2310:13, 708:106 and 10708:Pors. 26 and 05:1309:1505:8604:708:9817:32 - --17----------- - 3639337535534 ------------- TMK of ParcelAffected 7715775, 877777777749 st Kona , North Kona nd and 2 st 1 Kona General Location Makaula, North KonaHolualoa Kalaoa 4th, North KonaHonuaino 3rd and 4th, Hokukano 1and 2nd, Kanaueue 1st and 2nd, Halekii,Keekee 1st and 2nd, Ilikahi, Kanakau1st and 2nd, Kalukalu 1st, 2nd & 3rd,Onouli 1st, North and SouthKohanaiki, North KonaKalaoa 4th, North KonaPahoehoe 2nd, North KonaLanihau 2nd and Moeauoa 2nd, North Kaloko, North KonaPuapuaanui, North KonaHienaloli 4th and 5th, North KonaKaloko, North KonaHonokohau 2nd, North Kona 1993199419941995 ---- 19941994199419941995199519951996 -------- 1994 29-26730129 ------ 5182813192312 ------- EffectiveDate 1245691012121810111 3 13134547310212112412151001181270 ------------- Ord.No.93949494949494959595959596 - Paragraph(135)(136)(137)(138)(139)(140)(141)(142)(143)(144)(145)(146)(147) North Kona § 25-8-3 25A-17 North Kona § 25-8-3 1975 C.C. 4 10 1a 15 7.5,-101010151015 - - -------- 1a1a 96) -- - FinalZoning AACNRSRSRMRSRSRSRARSRSRS 3.75 15 - - 5a, U3a5a --- OriginalZoning UARSURDU(Repeals Ord. 90UUAUAU , 04: - 19: - 1 - 5 - 40 12:4, 11, Pors. 306:Por. 1,12:Pors.10:5808:Por. 1118:61, 75:1207:3011:435:858:3208:3010:3710:Por. 50 -------------- 1 4:Pors. 3 99997537323738 --------------- TMK of ParcelAffected 78773, 4, and 5, 8Por. 3777Por. 5,77777777 rd 1st and 2nd, Kalukalu and Onouli 1st, North General Location Honuaino 3rd and 4th, Hokukano 1st and2nd, and Halekii, Keekee 1st and 2nd,Ilikahi, Kanakau1st, 2nd and 3rd and South KonaHonuaino 3rd and 4th, Hokukano 1st and2nd, and Kanuenue 1st and 2nd, Halekii,Keekee 1st and 2nd, Ilikahi, Kanakau1st and 2nd, Kalukalu 1st, 2nd and 3and Onouli 1st, North and South KonaHokukano 1st, North KonaPahoehoe 4th, Laaloa 1st and 2nd andKapalaalaea 1st, North KonaWaiaha 2nd, Kahului 1st, North KonaKalaoa 4th, North KonaKapalaalaea 1st, North KonaKalaoa 1st and 2nd, North KonaKalaoa 4th, North KonaKaloko, North KonaPahoehoe 3rd, North KonaKalaoa 4th, North KonaKahaluu, North Kona 199619961996 --- 199619961996199619961996199719971997 --------- 1997 232323- --- 1515182222261313149 ---------- EffectiveDate 1135591010103356 78 0023606111513113313639425673 ------------- Ord.No.96969696969696969697979797 - Paragraph(148)(149)(150)(151)(152)(153)(154)(155)(156)(157)(158)(159)(160) North Kona § 25-8-3 25A-18 North Kona § 25-8-3 1975 C.C. 84)93) 2,3.5,5.5, O -- 20 7.5.510.5a 1a1a 10151010,--- - ---- -- ---- 23)38) 1527 -- -- FinalZoning CVRSRSFARARSRSRMRMRMCVRACGFAPD 5a - 5a1a5a5a1a5a5a5a5a --------- OriginalZoning UA(Amends Ord. 84(Effective Date 5A(Amends Ord. 93(Effective Date 4AAAU, AAAAAO 13, - 10:Por. 25:99, 100, 10121:4, 908:Por. 26, 4910:Por. 210:Por. 43:Pors. 6,703: Pors. of 1 5:10453:4906:384:1617:204:33 ---17----------- - 83634344855542 -------------- TMK of ParcelAffected 7771577777777777 Kona General Location Kahaluu, North KonaKalaloa 4th, North KonaHolualoa 1 and 2, North KonaKalaoa 4th, North KonaHonokohau 2nd, North KonaHamanamana, North KonaHonokohau 2nd, North KonaKealakehe, North KonaKahaluu, North KonaWaiaha 1st, North KonaPuaa 2nd, North KonaLanihau 2nd and Moeauoa 2nd, North Kealakehe Homesteads, North KonaKaupulehu, North Kona 19971997199719981998199819981998199819991999 ----------- 199719971998 ---7 - 93141412191724142321510 ------------- EffectiveDate 677791224471234 3 79879910111808183037651293642 -------------- Ord.No.9797979797989898989898989999 - ParaGraph(161)(162)(163)(164)(165)(166)(167)(168)(169)(170)(171)(172)(173)(174) North Kona § 25-8-3 25A-19 North Kona § 25-8-3 1975 C.C. 91)93) 93)81) -- 20 10 -- 2a2a 7.5201515 - - -- ---- 10a 38)21)66) 1522 - 2710 --- -- -- FinalZoning ARSFAFARSCGCNPDPDRSRS 10 - 5a - 3 and - 20a5a5a5a5a1a, A5a10, CV5a5a ---------- OriginalZoning AAAAA(Amends Ord. 93(Effective date 4(Amends Ord. 684)(Effective date 4AA(Amends Ord. 91(Effective Date 3V,RMRand OO(Amends Ord. 93(Effective Date 6AA 12:12 - 2 - 8:Por. 268:Por. 26, 4904:07, 55 and 5603:Por. of 2410:1:Pors. 2, 808:Por. 12005:9811:10 and 13 26:913:087:295:8908:6320:14:18 --------------- 345734545522438 --------------- TMK of ParcelAffected 77777777777and 9, 77777 Kona General Location Kaloko, North KonaHonokohau 2nd, North KonaHienaloli 6th, North KonaKapalaalaea 2nd, North KonaKalaoa 4th, North KonaHonokohau 2nd, North KonaLanihau 2nd and Moeauoa 2nd, North Keahuolu, North KonaHonuaula, North KonaPuapuaa 1st and 2nd, North KonaKaupulehu, North KonaKeahuolu, North KonaKalaoa 4th, North KonaKeauhou 1st, North Kona 1999 - 1999199919991999199919991999199920002000200020002000 ------------- 2000 10- - 131324121212191920272726174 -------------- EffectiveDate 5568888812111458 6061778688899596150010607405385 --------------- Ord.No.999999999999999999000000000000 - Paragraph(175)(176)(177)(178)(179)(180)(181)(182)(183)(184)(185)(186)(187)(188)(189) North Kona § 25-8-3 25A-20 North Kona § 25-8-3 1975 C.C. 201a 2 -- 97)97) - 4 -- 10 20 2a 1515202015-20 - - - ------ 79)99) 1914 -- -- FinalZoning RCXRSRSMCXCGCNRSRSRSFARMRSMCX 1a 10 - - 5a5a5a5a5a5a and5a5a5a1a5a ----------- OriginalZoning(Amends Ord. 97(Effective Date 6AAAMLAAARSAAAAAO(Amends Ord. 97(Effective Date 7 13 and - 8:Por. of 111:Por. of 88:Pors. Of 2, 68,5:Por. of 325:95, Por. of 8517:Por. of 710:Por. of 6521:4, 9 10:9411:93:195:305:977:4651:60 ---------------17 - 848845333375536 --------------- TMK of ParcelAffected 7777769 and 7077and 337and Por. of 31777777715 General Location Kahaluu, North KonaKeahuolu, North KonaKeauhou 1st, North KonaKeauhou 1st, North KonaKeahuolu, North KonaLanihau 1st, North KonaKalaoa 4th, North KonaKalaoa 4th, North KonaKalaoa 4th, North KonaKalaoa 4th, North KonaKapalaalaea 2nd, North KonaWaiaha 1st, North KonaHienaloli 2nd, North KonaKaloko, North KonaHolualoa 1 and 2, North Kona 20002002 -- 2001200120022002200220022002200220022002 ---------- 200120012001 12---27 -- 25698241910102828282525 ------------- EffectiveDate 10125883558889911 11806154765693162649597101113114131 --------------- Ord.No.000101010101020202020202020202 - Paragraph(190)(191)(192)(193)(194)(195)(196)(197)(198)(199)(200)(201)(202)(203)(204) North Kona § 25-8-3 25A-21 North Kona § 25-8-3 1975 C.C. 1a20 and -- 1a 2.54 1a1a.5a 3a and1a2a3a- 2015-157.5- --- ---- ---- 10a - FinalZoning MCXRSRSRMFAARAFACVFARSFARSRARMMCXMG 1a - 5a5a5a20a3a3a1a5a5a5a5a3a5a ------------- OriginalZoning MLAAAAAAAAAAAAAO 10) (formerly 5 8:Por. - 6 - 51:66, 67, 6810:Por. of 52 and19:21 and 307:27 and 508:Por. 7:40 and 4120:71 and 7210:Por. 38:Por. 13 and 30 10:2910:613:717:2112:3819:28 --------------- 353543363555334 --------------- TMK of ParcelAffected 7and 697Por. of 65777777TMK: 77777777 a 1st, North Kona oma 1st, North Konaoma 1st, North Kona General Location Kaloko, North KonaHienaloli 2nd, 3rd and 4th, North KonaKalaoa 4th, North KonaPuaKealakehe Homestead, First Series,North KonaKohanaiki, North KonaKohanaiki, North KonaHolualoa 1st and 2nd, North KonaOPuapuaanui, North KonaPuaa 2nd, North KonaPuapuaa 2nd, North KonaKohanaiki, North KonaOHonokohau 1st and 2nd, North Kona 2003200320032004 ---- 200320032003200320042004200420042004 --------- 20032003 --29191912 ---- 20661318161818271422 ----------- EffectiveDate 2335691012123359910 2037406998128144162163293056103106110 --------------- Ord.No.030303030303030303040404040404 - Paragraph(205)(206)(207)(208)(209)(210)(211)(212)(213)(214)(215)(216)(217)(218)(219) North Kona § 25-8-3 25A-22 North Kona § 25-8-3 1975 C.C. 1995) – 1993) 15a- 2.52.52.5 20 2004) -1a and - 3a 2010 --- -- - - -- 23 and36 12 45 that106118 that 12 --- --- 22 - - FinalZoning FARSRMRMCNMGRMRSPDRARM3.5 – 10 - 5a5a1a and1.255a5a5a3a and O5a --------- OriginalZoning AAAVAAOACNA(Amends Ord. 93amended Ord. 88Ord. 850 Effective Date 5(Amends Ord. 04Effective Date 9(Amends Ord. 95amended Ord. 92Effective Date 10A 54 86 - 23:63) - 5 - 10, 17, 18,43, 46 -- , 50, 53, 54 24:25011:0689:67 and Por. 17:1917:149:36 and 3717:Por. 5 and 261:15:115:1010:05110:Por. of 13 3:7, 8, 9 22, Por. 11, 12, 19,26 ------------- -- 5355535322355 ------------- TMK of ParcelAffected 7777777720247777(Formerly 77 anui 1st,anui 1st, 4th, North Kona – aiki 1st and Puapuaaiki 1st and Puapua oma 1st, North Kona General Location Honuaula, North KonaKalaoa 1st and 2nd, North KonaAuhaukeae 1st, North KonaPuapuaNorth KonaPuapuaNorth KonaKalaoa 1st Kahului 1st, North KonaKalaoa 5th, North KonaKau, North KonaKau, North KonaOHienaloli 4th and 5th, North KonaMoeauoa 2nd, North Kona 20042006 -- 2004200520062006200620062006 ------- 2005200520062006 198----813 ---- 18552116171728 2--------- EffectiveDate 1115885667791112 12614974113115507885105106128137152 ------------- Ord.No.04040505050606060606060606 - Paragraph(220)(221)(222)(223)(224)(225)(226)(227)(228)(229)(230)(231)(232) North Kona § 25-8-3 25A-23 North Kona § 25-8-3 1975 C.C. 1a - 1 1996)1996)2006) -7.5 --- - 1997) -8 78 - -- 71515 --- FinalZoning MCXRMRS 56137 that amends -- – 118 that amended36 -- 1a - 5a5a -- OriginalZoning ML(Amends 97Effective Date 4A(Amends Ord. 96Effective Date 1(Amends Ord. 96Effective Date 1A(Amends 06Ord. 95Ord. 92Effective Date 11 - - - - 1- 9 3,-- 1 - 59, 57; - - - - 1- - 43; 4:3, - - - -28,3, 79, 49, 26, 33 1--- 32:1 9 1- - 23:63) 30:1-4: - - 12:Pors. - - 43; 8- - 9, 11 1 8 - 5 10220; 8- 1-1 46, 53 9 - - - -62, 64, 70; -13 - - 28:130:1 - -- 68; 8 11, 11 3, 515, 17 -- ,-- 53; 833:1 47; 8-- 38, 40 - - 1 25(formerly 7 - - 028:082010:00328:9, 10, 194: Por. 3)12:4, 6, 9, 29; 8008:12110:Por. 51:9612:426:127:1 28 ----------- 333919, 12191175 or. 3) ------------ TMK of ParcelAffected 77777, 65 and27:16, 20, 21, 27830, 44554; 834:112: Por. 3, 4 & 11 and 874: 3, 56, 598838, 43; 818,29:1, 2, 4, 662, 63; 851 (formerly 706:Por. 1, 73 & 4 and 8P77(Formerly 7 , North Kona th Kona oma 1st, Nor General Location Kaloko, North KonaKalaoa 4th, North KonaOVarious, North and South KonaVarious, North and South KonaKapalaalaea 2ndHienaloli 4th and 5th, North Kona 2007 - 20072007200820082009 ----- 2009 194- -- 210808911 ----- EffectiveDate 210125525 1116017458590849 ------- Ord.No.07070708080909 - Paragraph(233)(234)(235)(236)(237)(238)(239) North Kona § 25-8- 25A-24 North Kona § 25-8-3 1975 C.C. that that 2003)2007) 201a -- -- 2002) 30 1998)2006)- 2a2a2a -1020 -- --1919- -- 162, 91)-56)- 8)105)64)160, - 10 -- ---- 1717- -- FinalZoning MCXRMRSFAFAMCXRSFA 1a - 5a5a5a5a1a5a ------ OriginalZoning(Amends Ord. 98Effective Date 2PD(Amends Ord. 06Effective Date 7AAAAML(Amends Ord. 03amended Ord. 91(Effective Date 12A(Amends Ord. 02(Effective Date 5(Amends Ord. 07amended Ord. 97(Effective Date 10A 102 - 06:038005:001005:001010:101017:042006:022007:047051:065008:005 (Portion)004:018005:030028:082 003:Por 033 ------------- 4228547366339 ------------- TMK of ParcelAffected 7777777777777 (Mauka), i Kona , North Kona , North Kona , North Kona , North Kona General Location HonoKau, North KonaKau, North KonaKeauhou, North KonaKahului 2ndKapalaalaea 2ndKaloko, North KonaNorth KonaKalaoa 4th, NorthKalaoa 4th, North KonaMaihi 2nd 2009 10 12 2013 ---- 20092009200912 ---- 1010111113 4430--13--14-16 ------ 231238161 ------- EffectiveDate 9111112291216512510 103131132159027711401557615640101 ------------- Ord.No.09090909101010111112121313 - Paragraph(240)(241)(242)(243)(244)(245)(246)(247)(248)(249)(250)(251)(252) 25A-25 North Kona § 25-8-3 1975 C.C. ) 2004)12)09) --- 049, that 2005)1999)2004)1999)19 - ----- 103a and 1a1a 20 -- -12- 1430 - --- 118, and 74)3656)110)42)156 that159) 1815271025 - ------- ----- 010, and FinalZoning CVFAFARARS - 64) - : 1) Ord. 09 036 and 2) Ord.049) -- 3.5 7.5 and - 050, that amended Ord.138, Ord. 90 - -- 1a20a5a --- OriginalZoning A(Amends Ord. 05(Effective Date 5A(Amends Ord. 99(Effective Date 3(Amends Ord. 04(Effective Date 5(Amends Ord. 04(Effective Date 10(Amends Ord. 99(Effective Date 4(Amendsamended Ord. 95Ord. 920906Ord. 86(Effective Date 4A(Amends Ord. 12Amended 02(Effective Date 12RSRM(Amends Ord. 09(Effective Date 12 23:64 - 5 - ) 013:017009:067: Por 054004:012004:033020:071 and 072008:013 & 030003: Por. of 1010: Por. of 13 005:112005:030008:120 and 008:124010:101 ------------- 6534542533778 ------------- TMK of ParcelAffected 77777777(Formerly 7and 06777777 rth Kona a 2nd, North Kona oma, 1st, North Kona O General Location Auhaukeae 1st, North KonaKalaoa 5th, North KonaKealakehe Homesteads, North KonaPuapuaKaupulehu, North KonaHienaloli 4th and 5th, North KonaKalaoa 4th, NoKeauhou, North Kona 20152015191919192020 -------- 20152016201618 ---- 20225202507212815 --------- 232318 --- EffectiveDate 311125812020405050509 351041164686115123851574165 ------------ Ord.No.151515161618191919192020 - Paragraph(253)(254)(255)(256)(257)(258)(259)(260)(261)(262)(263)(264) SUPP. 9 (1-2021) 25A-26 North Kona § 25-8-3 1975 C.C. ) 18 09)09)04)20 - --- 05)05) 15 -4 -485 - ---- 115)113)131)132 that149)115 that 55 ------ --2 FinalZoning RS 105)110) -- 1a - 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(A , 074, 085, and 030 - , 078, 084100 017:001017:019005:001005:001011:068008:013017:024 -- ------- 5522343 ------- TMK of ParcelAffected 7777770760907 anui 1st,anui 1st, aiki 1st and Puapuaaiki 1st and Puapua , North Kona, North Kona oma, 1st, North Kona O General Location PuapuaNorth KonaPuapuaNorth KonaKaKaKalaoa 1st and 2nd, North Kona 21212121212222 ------- 08081631212129 ------- EffectiveDate 01010303060404 122527403448 ------- Ord.No.21212121212222 - 266) Paragraph(265)((267)(268)(269)(270)(271) SUPP. 12 (7-2022) 25A-26.1 This page intentionally left blank. SUPP. 10 (7-2021) 25A-26.2 South Kona § 25-8-4 4) - 1 to j - 1975 - 13 - 1975 C.C.7.03(a)7.03(b)7.03(c)7.03(d)7.03(e)7.03(f)7.03(g)7.03(h)7.03(i)7.03(k)Repealed byOrd. 117,57.03(j 7.5 - 7.5 101010 7.51010, CN - --- --- 1a1a1a1a ---- FinalZoning AAACVCVRSCVRSCNARS 5a - 10 - 1a, A 5a5a5a1a1a1a5a1a20a ---------- OriginalZoning AAAARSAAAAAA 8, Por. 11, - 30, 43 - (South Kona) – 13:1310:5018:9 and 1001:115:Por. 2709:1101:7107:1703:Por. 1202:3302:1, 3 17, 23 ----------- - 33121221262 4 ----------- - TMK of ParcelAffected 8888888888812 8 - § 25 ZONING MAP No. 7.03 3 General Location Keei 2nd, South KonaKeei 2nd, South KonaOnouli 2nd, South KonaKiloa 1 and 2 and Waipunaula,South KonaKeopuka, South KonaKalamakumu, South KonaKiloa 1 and 2, South KonaKeopuka, South KonaKiloa 1 and 2 and Waipunaula,South KonaKealia 2nd, South KonaKealakekua, South Kona 19691969 -- 197119711971197119721972197219721972 --------- 1515 -- 251531311118181528 --------- EffectiveDate 1212238817788 Ord.No.282290374382421422440484485508511 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) South Kona § 25-8-4 25A-27 South Kona § 25-8-4 2) - 2) 2) 3) - - - 1 and q1 to v 1 to o 1 to 1 - - - - 1979 - 31 - 1975 C.C.7.03(l7.03(m)7.03(n)7.03(o7.03(p) Repealedby Ord. 438,57.03(q7.03(r)7.03(s)7.037.03(v7.03(u)7.03(x) 2 3a - - 7 10 7.5, RM7.510101a 10-1020 - ----- --- 1a1a1a and A3a ---- Final Zoning CVRSAAARMCVRSCVCNRSACVRA 2 and 7.5 10-101510,10 - ----- 5a5a5a5a1a1a5a5a -------- OriginalZoning AAAARSRMRSACNRSRSAARSA 03:35, 43, 44, 46 and07:Por. 9 and 1007:Por. 102:23, 27, 43, and Por.03:Por. 3513:7 and 802:18 and 2001:25, 27 and Por. 1306:51, 126 to 13603:Por. 23 09:810:316:8 ------------- 141228, 11, 17, 24, 26, 29, and12211312 -------------- TMK of Parcel Affected 8Por. 4788883308888and 158888 General Location Halekii, South KonaHonaunau, South KonaOnouli 2nd, South KonaHomesteads, South KonaKealakekua, South KonaHalekii, South KonaKealakekua, South KonaKealakekua, South KonaHalekii, South KonaKeopuka, South KonaKeei 2nd, South KonaKeopuka, South KonaKiloa 1 and 2 and Waipunaula, South Kona 1975197519771978 ---- 19731974197419751975197819781979 -------- 1973 -15132312 ---- 12229301129302628 --------- EffectiveDate 38483510111166123 Ord. No.566600305298118154170323361362403425 - Paragraph(12)(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24) South Kona § 25-8-4 25A-28 South Kona § 25-8-4 1980 - 1975 - 17 - 11 - 1975 C.C.7.03(y) RepealsOrd. 98,37.03(z)7.03(aa)7.03(bb) Am. byOrd. 643,107.03(cc)7.03(dd)7.03(ee)7.03(ff)7.03(gg)7.03(hh) 10 - 1.5 7.57.57.5 10105a10 10-1010, CV7.5 --- ---- ---- 2a5a -- FinalZoning RSCNCNRMRSCVCVRAAACNCVRSRS 71.5 7.5, 10 -1015151010-1010 - - ------- 1a5a5a1a ---- OriginalZoning RMARSCVRSRSRSAAARSRMCNRSRS 8, 11, 17, - 02:23, 27, 43,13:Por. 202:Por. 712:9 and 5501:Por. 1003:Por. 3323:3 and Pors.02:Por. 712:Por. 915:Por. 2015:Por. 27 and 28 07:3802:510:5 -------------- 22211115312122 -------------- TMK of ParcelAffected 8and Por. 326, 29 and 308888888882, 4, 5, and 278888 General Location Kealaakua, South KonaKealakekua, South KonaKealakekua, South KonaKeekee 1st, South KonaOnouli 2nd, South KonaKeekee 2nd, South KonaKeekee 2nd, South KonaKealia 1st, South KonaKeei 2nd, South KonaKealakekua, South KonaKeekee 1st, South KonaKealakekua, South KonaKealakekua, South Kona 1983 - 197919791980198019801981198219821983198319841986 ------------ 1986 626- -- 31291218101923232131222 ------------ EffectiveDate 5857102373610767 41415080 ---- Ord.No.43846556760363867077180985589483848686 - Paragraph(25)(26)(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38) South Kona § 25-8-4 25A-29 South Kona § 25-8-4 1975 C.C. 15 - 5a - 1977)1989) -- 1986) - 7.5102a 10, O10, RS 1988) --- -- -2320 2a10a, A5a -- 110)30)143) 267 --- --- -- FinalZoning CVRSACVRAARSA 5a - 1,1.5 10-7.5- -- 5a20a5a2a ---- OriginalZoning RSRMRSARMU, AA(Amends Ord. 86(Effective Date 9(Amends Ord. 88(Effective Date 3(Amends Ord. 323)(Effective Date 11AA(Amends Ord. 89(Effective Date 11 04: - 3 - 05: Por. - 3 - 05:10 to 13, - 2 - 2060 06:4404:11 to 15 and06:20 to 23,2509:Pors. 2 and 1412:552:33 and Por. 25:26:442:33 and Por. 201:2503:7, 60 and Por. 10:0503:7, Pors. 20 and ------------- 1231121121131 ------------- TMK of ParcelAffected 8820, 830 and 31, 8Por. 1, 81 and 14 to 19,8and 27 to 298888888888 Waipunaula, and 2nd, South Kona i, South Kona ei 2nd, South Kona General Location Keopuka, South KonaKealakekua, Kiloa,Kalamakumu, Kahauloa 2nd andKeei 1st, South KonaKeekee 1st, South KonaKealakekua and KaSouth KonaOnouli 2nd, South KonaKealakekua and KaSouth KonaHalekiKeekee 1st KeKeekee 1st and 2nd, South Kona 19891989 -- 19861986198719881988198819901992 -------- 19871988 9--1720 --- 2612171231301424 --------- EffectiveDate 910243556101194 11011510353056739313314310739 ------------ Ord.No.868687878888888889899092 - Paragraph(39)(40)(41)(42)(43)(44)(45)(46)(47)(48)(49)(50) South Kona § 25-8-4 25A-30 South Kona § 25-8-4 1975 C.C. 1a - 7.5 1a 10 A10 - - -- 1a1a1a6.0 ---- FinalZoning RS AAAVFAAPDCVRS 7.5 15 - - 5a, U5a, U 5a1a5a5a1a,5a -------- OriginalZoning CNA AUAAAARSAA - - 9 9 - - 04:Por. 304:Por. 3 - - 1 1 15:Por. 22703:34 and Por. 5012:14, 11, Por.3;4: Por. 304:Por. 308:579:18, 19, 21, Pors.4:Por. 523: Pors. 34 and 50 -- --------- 9.06:Por. 1; 7 219112111 ---------- TMK of ParcelAffected 82:Por. 3, 4, and5; 8 878712:Pors. 3, 4, and5; 888820, 22, 23, 2488 , 1st, North and 2nd and Kalukalu and Onouli 1st, North i, Keekee 1st and 2nd , Haleki i, Keekee 1st and 2nd, Ilikahi, 3rd, South Kona - General Location Kealakekua, South KonaHonuaKanakau 1st and 2nd, Kalukalu 1st,2nd and 3rd, OnouliSouth KonaKeekee 2nd, South KonaHonuaand 2ndIlikahi, Kanakau 1st and 2nd, Kalukalu1st, 2nd and 3rd and South KonaHonuaino 3rd and 4th, Hokukano 1stHalekiKanakau 1st and 2nd, Kalukalu 1st,2nd and 3rd and Onouli 1st, North andSouth KonaKalukalu 1st, 2nd and 3rd, South KonaKahauloa 2nd, South KonaKaKanakau 1st and 1stKeekee 2nd, South Kona 19921994199700 ---- 199419961996199719971998 ------ 29302312 ---- 281515131424 ------ EffectiveDate 10612113710210 1 119 7300708369813319120 ---------- Ord.No.92 949596969797979800 - Paragraph(51)(52)(53)(54)(55)(56)(57)(58)(59)(60) South Kona § 25-8-4 25A-31 South Kona § 25-8-4 South Kona § 25-8-4 1975 C.C. 1979)2008) - - 20 1a10 3a 10 - --5 - - - 1 150) 29 - - - FinalZoning RACVFAVCNRS ng 1 15 and -15 -- 1a 5a1a5a - --- OriginalZoni ARSA(Amends Ord. 465)(Effective Date 8(Amends Ord. 08(Effective Date 11 A ARMRS 3:312:Por. of 407:109:4013:Por. of 2025:01113:Por. of 2008:004 -------- 21152121 -------- TMK of ParcelAffected 88878888 ona , South Kona General Location Waipunaula, South KonaKalukalu 1stPuaa 2nd, North KonaKealakekua, South Kona 12 - 030304081022 ------ 03 -854254 ----- 61818 --- EffectiveDate 3661211111011 07 3893941451501140109 -------- Ord.No.0303030408101222 - Paragraph(61)(62)(63)(64)(65)(66)(67)(68) SUPP. 13 (1-2023) 25A-32 Kailua Urban § 25-8-5 2) 2) - - 1 to h 1 to e - - 1975 C.C.7.04(a)7.04(b)7.04(c)None Found7.04(e7.04(f)7.04(g)7.04(h7.04(j)7.04(i)7.04(k)7.05(l) - 11.251.252 7.5101010 ----7.5 ---- - .75.75 -- FinalZoning RMCVVCVO and CV10RMCVVRMRMCVRS 1a1a 11 20 3.753.753.753.75 10, -- --1510 - ---- - -- .75 - OriginalZoning RDRMRMMGMGRSRSCVMLRDRDRDV - 5 - :25 and 26 (Kailua Urban) 08:Por. 204:Por. 1005:62 and 66, 723:64, 65 and 6604:Por. 2 22:772209:3408:209:5618:2918:86 ------------ – 555545555555 5 ------------ - TMK of ParcelAffected 7777777706:20 and 217777 8 - § 25 a ZONING MAP No. 7.04 a 3rd, North Kona 2nd, North Kona General Location Honuaula, North KonaKeopu 3rd and Honuaula, North KonaPuaKeahuolu, North KonaKeahuolu, North KonaPuaLanihau 1st, North KonaLanihau 1st, North KonaHienaloli 5th, North KonaHonuaula and Hienaloli 1st, North KonaWaiaha 2nd, North KonaWaiaha 1st, North Kona 1972 - 1969196919691970197219731973197319751976 ---------- 1971 0-18 - 20220123161927231114 ----------- EffectiveDate 8885661046835 Ord.No.24824925031640047352557459460199206 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) Kailua Urban § 25-8-5 25A-33 Kailua Urban § 25-8-5 2) 2) 2) - - - 1 to q 1 to s 1 to r - - - 1975 C.C.7.04(m)7.04(n)7.04(o)7.04(p)7.04(q7.04(r7.04(s7.04(t)7.04(u)7.04(v)7.04(x)7.04(y)7.04(z) 21.5442 207.5 7.57.57.57.510,7.57.5 ----- -- ------- 2 - FinalZoning CVCVCVCVRMCVRMCGRMCVRMRMCGVCV - 111.25,111 20 3.75 10, V ----15-- - - - - 1.251.251.251.251.25 ----- OriginalZoning RMVRMVRMRDMLCV1.25VRMVRSVRMRM 23:64, 65, 66,05:Por. 2 and 504:10 and 2810:3 and 5122:Por. 1 22:2808:2122:2408:2322:2709:5218:2804:1209:39 -------------- 55555555555555 -------------- TMK of ParcelAffected 77777and 67777777777 General Location Honuaula, North KonaHienaloli 4th, North KonaKeopu 3rd, North KonaHienaloli 2nd, North KonaHienaloli 5th and 6th, North KonaKeahuolu and Lanihau Nui, North KonaLanihau 1st and 2nd, North KonaPuaa 2nd and Puaa 3rd, North KonaHonuaula, North KonaPuaa 2nd, North KonaPuaa 3rd, North KonaLanihau 2nd, North KonaPuaa 2nd, North KonaHonuaula, North Kona 1977197819781979198019801980198019801981198119821983 ------------- 1981 -4 - 2230302412101212265312423 ------------- EffectiveDate 655424556681153 Ord.No.285355356434533554566569599695714724790859 - Paragraph(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25)(26) Kailua Urban § 25-8-5 25A-34 Kailua Urban § 25-8-5 1975 C.C.7.04(aa) 1982)1983)1973)1982) 41 ---- 202020,20 7.5107.510 -- ---- --- - .75 24182324 - ---- FinalZoning RMCGCGCVCGCVCVCGCVVRM 1212 3.75203.75 10 and10, ---- --- -- 1.251a1a --- OriginalZoning RDCVV(Amends Ord. No. 790)(Effective Date 5ARMCVCGRM(Amends Ord. 870)(Effective Date 4(Amends Ord. 601)(Effective Date 8A(Amends Ord. 790)(Effective Date 5RDRMRM 19: - 5 - 04:10 and 2808:Por. 24,04:Por. 4123:64 and 6718:61, 704:Por. 299:Por. 254:Por. 35 18:6109:3904:1904:3604:359:3918:41 --------------- 555554555555555 --------------- TMK of ParcelAffected 777777777Por. 5777777 General Location Waiaha 2nd, North KonaLanihau 1st and 2nd, North KonaPuaa 2nd, North KonaLanihau 1st, North KonaHienaloli 1st, North KonaKeahuolu and Lanihau 1st, North KonaHienaloli 5th and 6th, North KonaWaiaha 2nd and Kahului 1st, North KonaHonuaula and Hienaloli 1st, North KonaLanihau 1st, North KonaPuaa 2nd, North KonaWaiaha, North KonaAuhaukeae 2nd, North KonaHonuaula and Hienaloli 1st, North Kona 1985198619881988 ---- 198319851986198619871988 ------ 1984198619861988 -16--21-1327 ---- 1892029242925616 ---------- EffectiveDate 473121267109991010 36171010314497912295125142149155 ------------- Ord.No.87084858586868686868788888888 - Paragraph(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38)(39)(40) Kailua Urban § 25-8-5 25A-35 Kailua Urban § 25-8-5 1975 C.C. 1987)1981) 22.5, -- 2020 7.5107.57.57.57.57.5 1986) -- -- ---- --- - 1 95) 22531 - - --- 49) - FinalZoning CVCGVCVRMCVCGCVRMCVCVCV 1a - 3.75 - 1, A 1131111 3.75 7.5, -------- - - 1.25 - OriginalZoning RMVRMRDRMRM(Amend Ord. 86(Effective Date 6CVRM(Amends Ord. 87(Effective Date 9RM(Amends Ord. 714)(Effective Date 8U, RDRMRM 23:63 - 5 - 22:43 and 4418:30, 31 and 3222:21 and 2223:64 and 6704:6 and 1304:Por. 2922:41 and 4210:13, 7 04:1109:4010:618:2822:2922:36 -------------- 55555555555555 -------------- TMK of ParcelAffected 77777777777777 a ona a 3rd, North Kona General Location Keopu 3rd, North KonaLanihau 2nd, North KPuna 2nd, North KonaWaiaha, North KonaPuna 1st, North KonaKeopu 3rd, North KonaHienaloli 5th and 6th, North KonaKeopu 1st, North KonaLanihau 1st, North KonaKeopu 3rd and Honuaula, North KonaPuaHienaloli 4th and 5th, North KonHonuaula, North KonaHonuaula, North Kona 198819891990 --- 198919891990199019901992199219921992 --------- 19891989 27--1120 --- 23269713161426241616 ----------- EffectiveDate 10245812279102466 156315463110152108510912817366263 -------------- Ord.No.8889898989899090909092929292 - Paragraph(41)(42)(43)(44)(45)(46)(47)(48)(49)(50)(51)(52)(53)(54) Kailua Urban § 25-8-5 25A-36 Kailua Urban § 25-8-5 1975 C.C. 1981)1992)1990)1991) 14 ---- 10101010107.5 1986) -- -- ---- - .75 36)79)85)27) 312491621 - ---- ----- FinalZoning CVCVCVCVRMCVRMCVV 11111 3.753.753.75, ---10-- --- - 5a - OriginalZoning RDRD(Amends Ord. 714)(Effective Date 8(Amends Ord. 92(Effective Date 4(Amends Ord. 86(Effective Date 7RMRMRDA(Amends Ord. 90(Effective Date 7(Amends Ord. 91(Effective Date 3RMRSRMRM 19: -- 55 -- 23:63 10:13 and 718:61 and 704:6 and 13 18:5618:4018:2818:1418:1910:1515:1518:1518:822:409:23 -------------- 55551555545555 -------------- TMK of ParcelAffected 77777Por. 5777777777 , North Kona General Location Waiaha 2nd, North KonaWaiaha 2nd, North KonaPuaa 3rd, North KonaHienaloli 4th and 5th, North KonaWaiaha 2nd and Kahului 1st,North KonaPuaa 3rd, North KonaPuaa 3rd, North KonaHienaloli 2nd, North KonaKeopu 1st, North KonaKeahuolu, North KonaPuaa 3rd, North KonaWaiaha 1st, North KonaHonuaula, North KonaPuaa 1st 199519982000 --- 1992199319941996199619972000200320032006 ---------- 1998 12-1930 --- 112223221813221201412 ----------- EffectiveDate 96910533711810284 1026411011861344070113901221811544 -------------- Ord.No.9293949596969798980000030306 - Paragraph(55)(56)(57)(58)(59)(60)(61)(62)(63)(64)(65)(66)(67)(68) Kailua Urban § 25-8-5 25A-37 Kailua Urban § 25-8-5 1975 C.C. that )) 494927 010 that138 that11590 --- ---- 010 that - 0 FinalZoning 91 0 1990)2006)20032000 ---- 8 - 131421 --- 8 OriginalZoning(Amends Ord. 90amended Ord. 86Effective 2(Amends Ord. 06amends Ord. 90amended Ord. 86Effective 11(Amends Ord. 03Effective 8(Amends Ord. amended Ord. Effective 23:6423:64 -- 55 -- 15 0 of Parcel 15: 10:Por. of 1310:Por. of 13 022:040 0 ---- 5554 ---- TMK Affected 7(Formerly 7and 67)7(Formerly 7and 67)77(portion) , North Kona General Location Hienaloli 5th and 6th, North KonaHienaloli 5th and 6th, North KonaHonuaula, North Kona 2006200920162024 ---- 8 - 112514 --- EffectiveDate 11576 138508038 ---- Ord.No.06091624 - ) 2 Paragraph(69)(70)(71)(7 Kailua Urban § 25-8-5 SUPP.16 (7-2024) 25A-38 Kailua-Honalo Urban § 25-8-6 4) - 1 to l - 1975 - 5(d) 2 - 1975 C.C.7.05(a)7.05(b)7.05(c)7.07.05(e)7.05(f)7.05(h)7.05(i)7.05(k)7.05(j)7.05(l7.05(m)7.05(n) Am. byOrd. 111,5 10, - 2.753.0 .75.75 7.57.57.51010 -7.57.5-- -- ----- -- 1.25 - FinalZoning RMVHRSVVHCVCVCVCVRSO, RSRMRMCV - 10 - 1.5 3.75 1015-7.5107.5101010 - -------- .751.25 RM -- OriginalZoning RDRSRSRMVRSRSRSRSV.75, RS RSRS - 84 8 - - Honalo Urban) - 13:3, 14:14, 15, and 1614:6, 74, 8110:Por. 3, 710:Por. 39 101217:1814:221309:3014:1307:2910 ------------- 8956899998888 6 ------------- - TMK of ParcelAffected 7777777777777 8 (Kailua - -- § 25 ZONING MAP No. 7.05 General Location Keauhou 1st and 2nd, North KonaKeauhou 2nd, North KonaWaiaha 2nd, North KonaHolualoa, North KonaKahaluu, North KonaHonuaino, North KonaHonuaino 3rd, North KonaKahaluu, North KonaKeauhou 1st, North KonaKahaluu and Keauhou 1st, North KonaKeauhou 2nd, North Kona 19681968196919691973 ----- 1968196919711971197119721973 ------- 1968 -20201515528 ------ 1571931312727 ------- EffectiveDate 5811116101288116611 Ord.No.126141168176230267281419420431477595614 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13) Kailua-Honalo Urban § 25-8-6 25A-39 Kailua-Honalo Urban § 25-8-6 7) - 1 to - 1 to o - 18) - 1975 C.C.7.05(o7.05(p)7.05(q)7.05(r)7.05(s)7.05(t)7.05(u)7.05(v)7.05(x)7.05(y)7.05(z)7.05(aaaa - 4, - - 1.5 - 2.01.533.5,3, V5.5, .754, VH 7.57.57.5, O, --10107.5---- -- --- --- 1.5 - FinalZoning O, VHRMRMRSVHCVRSVRS--RMCVRMRMCVRMVH1.25, VH1.75 - - 1.5 7.5 10, VH 101015-157.57.5 - ------- 1.25 - OriginalZoning RS.75, O, RM2.0ORSCVRSRSVRMRS--RSRS-- 12 - 8 - 13:18, - 8 - 10, Por. - 8 - 10:44, 48 and10:25 and Por. 3612:3207:3012:58, 59 and 6008:203:Por. 5620:714:4210:Por. 403:3211, Por. 7 ------------ 888989959898 ------------ TMK of ParcelAffected 7Por. 36, 748, and 9977777777Relative to thedelineation of the76Por. 77 Kona 1 and Keauhou 2, u, North Kona General Location Keauhou 1 and Keauhou 2, North KonaKeauhou 1st, North KonaKeauhou 1st, NorthHonuaino 3rd, North KonaKeauhou 2nd, North KonaPuapuaa 1st and 2nd, North KonaKahului 1st to Kahaluu, North KonaKahaluKahaluu, Keauhou North Kona 1978 - 197419741975197519781978198019801981 --------- 197819781982 8--21- -- 2930113077101830108 ----------- EffectiveDate 483126778118929 No. Ord. 255597175359373374379400610632667820 - Paragraph(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25)(26) Kailua-Honalo Urban § 25-8-6 25A-40 Kailua-Honalo Urban § 25-8-6 1975 C.C.7.05(bb)7.05(cc) - 93) - 13 - 26 1989)1989) - 2.53.5, O, U13.5, RS -- 3.75 7.57.57.57.510 ---15- - ----- - 112)78)78, 6 2413 --- -- FinalZoning RMCVRMCVCVRMCVRSRDRMCV 67, 7 - - 1.25 - 2.52 3.75 .5a 1515,7.5107.510-- - - ------ OriginalZoning RDRSRSRM3, RMRSRSRSRSRARM(Amends Ord. 89(Effective Date 8(Amends Ord. 89(Effective Date 6U, VRM(Amends Ord. 8989 and Ord. 93 - 8 - 17:19 and 7914:Por. 310:Por. 30, 50, 51,07:64 and 7014:90, 91 and 9207:Por. 3003:Por. 4017:19 and 7907:Por. 3014:90, 91 and 9208:21 and 2310:Por. 58 07:5314:90 -------------- 69899897698788 -------------- TMK of ParcelAffected 77777, 79, 82, 84, 777777777777 General Location Holualoa 1st and 2nd, North KonaKahaluu, Keauhou 1 and Keauhou 2,North KonaLehuula 2nd, North KonaHonuaino 3rd, North KonaKahaluu, North KonaHonuaino 3rd, North KonaHoluloa 4th, North KonaHolualoa 1st and 2nd, North KonaHonuaino 3rd, North KonaKahaluu, North KonaPahoehoe 2nd, North KonaKeauhou 2nd, North KonaKahaluu, North Kona 198519891990 --- 1983198319851989198919891992199319941996 ---------- 1996 2211207- ---- 2626191313241126219 ---------- EffectiveDate 442106681210371259 05817678112154130256712450104 ------------ Ord.No.874875858589898989909293949696 - Paragraph(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38)(39)(40) Kailua-Honalo Urban § 25-8-6 25A-41 Kailua-Honalo Urban § 25-8-6 1975 C.C. 1996) - 10 1a - - 104) 19 - - FinalZoning CVFA 10 - 5a - OriginalZoning(Amends Ord. 96(Effective Date 9RSA 008:062 14:9011:10 --- 857 --- TMK of ParcelAffected 717 General Location Kahaluu, North KonaKeauhou, North Kona 20002005 -- 2023 - 18178 --- EffectiveDate 963 10310323 --- Ord.No.000523 - Paragraph(41)(42)(43) Kailua-Honalo Urban § 25-8-6 SUPP. 14 (7-2023) 25A-42 North and South Kohala District § 25-8-7 4) - 8 and 1 to y - - 1980 656, - 3 - 13) rd. - 1975 C.C.7.06(dd7.06(l) Am. by O127.06(l)7.06(y 20, - - 5a,5a,20a, --- 3.0 - 4.0 10, RM - - 20a, CV30a10a, A3a10a, A3a10a, A80a, O3a1a1a ----------- FinalZoning RS1.5, RMAOAAAAAAARMAAA 40a20a20a40a20a ----- OriginalZoning UAAmends Section 7.06(North and South KohalaZone Map) Article 2,Chapter 8AAAUAUU 01:17 - 2 - 05:19 formerly01:12, Por. 1001:12, Por. 1001:21, 22, 28,02:Por. 11 01:401:1701:608:305:6 ---------- 8229979979 7 ---------- - TMK of ParcelAffected 666Por. 655631, 325555 8 - § 25 ZONING MAP (North and South Kohala District) General Location Waikoloa, South KohalaOuli, South KohalaOuli, South KohalaKahua 1st, Kahua and Waika,North KohalaKahua 1st, Kahua and Waika,North KohalaWaikii and Waikoloa, South KohalaWaika, North KohalaKahua and Waika, North KohalaKapaanui and Kou, North KohalaKahua 1st, Kahua and Waika,North Kohala 19691986 -- 197419821983198319861986 ------ 19941984 181--23 --- 152414351319 ------- EffectiveDate 1211339792812 Ord. 8 143454082156 ------ Ord.No.2917076586683(Am.866)8484868686 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10) North and South Kohala District § 25-8-7 25A-43 North and South Kohala District § 25-8-7 1975 C.C. 4, - 3, RM 10, O, - - 3a3a3a3a3a1a1.25, U3a3a3a3a3a3a3a -------------- FinalZoning AAAAAARMCVVAAAAAAA 10, - 1.5,3 -- 20a20a20a20a20a1.25,20a20a -------- OriginalZoning AAAAAUU, O, CVVRMRMAAUUUUU 2, 8, 22:5, 7, - 8 - 6 01:Por. 5201:Pors. 22, 525:12 and 156:8 and 9 08:607:408:707:307:506:17:66:75:85:16 -------------- 99999889999999 -------------- TMK of ParcelAffected 5555566and 53,9 and Pors. 1,10, 11, 12, 13, 22, 23,25, 26, 32, and 355555555 General Location Kahua 1st and Waika, North KohalaKahua 1st and Waika, North KohalaKahua 1st and Waika, North KohalaKahua 1st and Waika, North KohalaKahua and Waika, North KohalaWaikoloa, South KohalaWaikoloa, South KohalaKahua 1st and Waika, North KohalaKahua 1st, North KohalaKahua, North KohalaKahua and Waika, North KohalaKahua and Waika, North KohalaKahua and Waika, North KohalaKahua and Waika, North Kohala 1987 - 198719871987198719871987198719881988198819881988 ------------ 1988 17- - 1212121224131321331313131 ------------- EffectiveDate 222227711555555 6789 0000127273115495566676869 -------------- Ord.No.8787878787878787888888888888 - Paragraph(11)(12)(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24) North and South Kohala District § 25-8-7 25A-44 North and South Kohala District § 25-8-7 1975 C.C. 1a - 1998)1983)1987) --- 1a - 3a3a3a3a3a3a3a3a 82)14)9) 191412 -------- --- --- FinalZoning AAAARAAAAO, RAA 1.5 - 20a20a20a20a20a20a20a ------- OriginalZoning AAUAA(Amends Ord. 86(Effective Date 8AU(Amends Ord. 83(Effective Date 9AU, RMA(Amends Ord. 87(Effective Date 2 03: - 8 - 85, - 53,30 and38,100,54 ----- 11:2 - 9 - 02:Por. 1101:Por. 10,02:Por. 16, 6 7:16:406:1906:204:507:706:1009:110:112:113:114:108:506:307:3 ------------------ 999947999999999899 ------------------ TMK of ParcelAffected 5555555555559, 555556Por. 3255 Kohala General Location Kahua 1st, Kahua and Waika, NorthKohalaKahua and Waika, North KohalaKahua 1st, Kahua and Waika,North KohalaKahua, North KohalaKapaau, North KohalaKapaanui and Kou, North KohalaKahua 1st, North KohalaKahua 1st, North KohalaKahua 1st, Kahua and Waika, Kahuanuiand Kahualiilii, North KohalaKahua, North KohalaWaikoloa, South KohalaKahua 1st, Kahua and Waika, North Kahua 1st and Waika, North Kohala 198819901990 --- 1989198919901990199019911991 ------- 198819901990 -27--2027 --- 61324101313192929 ---------- EffectiveDate 9106812234111288 278 1261518211100017271391608283 ------------- Ord.No.88888989909090909090909191 - Paragraph(25)(26)(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37) North and South Kohala District § 25-8-7 25A-45 North and South Kohala District § 25-8-7 1975 C.C. - - - 10, - - 20, 2.0, - 5, RM - 15, RS - 3, CV - 1987) - - 1987)1989) -4, O4.07.014.5- 1a,10 20, CV7.5, RS ---- -- 17 -- - 2a3a3a1a, V1a 7)115)111) 1224 ----- --- -- FinalZoning ARSRMRS10, RS20, RD2, RM7.5, MLAARARMRMRMCVAOA 7.5 - 20a20a40a,20a ---- OriginalZoning A(Amends Ord. 87(Effective Date 2AARSAU(Amends Ord. 87(Effective Date 11(Amends Ord. 89(Effective Date 8UU 09: -55, - 9 - 01:Por. - 10:31 - 7 - 9 - 02:9 and Pors. 11:1 -- 97 -- 3:0107:401:Por. 10, 501:9, 601:Pors. 1,808:401:Pors. 25, 36,06:106:203:Pors. 2 and 1001:18, 74, and 75 ----------- 49928989972 ----------- TMK of ParcelAffected 555Por. 54, 557, 58, 60 and Por.56, 5625, 615 and 17,65637, 38, 39, and 405556 General Location Kapaau, North KohalaKahua 1st and Waika, North KohalaKahua 1st, Kahua and Waika,North KohalaOuli, Lanikepu, Lalamilo, Waikoloa andPuukapu, South KohalaKahua 1st, Kahua and Waika,North KohalaWaikoloa, South KohalaKahua 1st and Waika, North KohalaKahua 1st and Waika, North KohalaKou, Kamano, Mahukona 1st and 2nd,Hihiu and Kaoma, North KohalaOuli, South Kohala 1991 - 199219921992199219931994 ------ 199319931993 24---8 -- 2229151885522 -------- EffectiveDate 101468188112 5 108040659201717210920 ---------- Ord.No.91929292929393939394 - Paragraph(38)(39)(40)(41)(42)(43)(44)(45)(46)(47) North and South Kohala District § 25-8-7 25A-46 North and South Kohala District § 25-8-7 1975 C.C. 1990) - 1987) 5.0, 20 - 1a,7.5, 2a2a2a 7.5,10,-1510 - 93) ----- 27 ---- - 3a3a40a,3a3a - 160)83)1) 12 ----- 8 --- - - FinalZoning AAARARSRSRMCVMLRSRSRAARAARA 10, 20 - 15 2, 7.5, - - - - 3a, - 3, CV 20 5, RM 7.5, RS15, RS - - - -- 40a, A20a, RS 20a5a5a20a5a20a5a --------- OriginalZoning U(Amends Ord. 90(Effective Date 12(Amends Ord. 91(Effective Date 2AARSRSRDRMML(Amends Ord. 93(Effective date 1AAAAAAA 03: - 8 - 01:Por. - 7 - 02:9, 48, Por.01:Por. 1, 8 -- 78 -- 15:18 and Por. 702:Por. 16, 607:0301:9, 601:Pors. 25,01:806:21 and 369:2507:711:2208:511:6 ------------ 9894:3289429292 ------------- TMK of ParcelAffected 56Por. 3255625; 617; 6636, 37, 38 39, 405565656 outh Kohala ukapu, Waimea, South Kohala General Location Kahua and Waika, North KohalaWaikoloa, South KohalaHanaula, North KohalaPuWaikoloa, Waimea, South KohalaHanaula, North Kohala 199519981998 --- 19941995199619961996199719981998 -------- 19981999 125-1919- ---- 1821122614232274 --------- EffectiveDate 83101912747811115 85511190511715310236728711211450 ------------- 8 Ord.No.9495959696969799898989899 - Paragraph(48)(49)(50)(51)(52)(53)(54)(55)(56)(57)(58)(59)(60) North and South Kohala District § 25-8-7 25A-47 North and South Kohala District § 25-8-7 1975 C.C. 96) - 2a2a2a2a2a2a2a2a2a2a2a2a ------------ 3a 117) 26 - - - FinalZoning RARARARARARARARARARARAARA 5a5a5a5a5a5a5a5a5a3a5a20a5a ------------- OriginalZoning AAAAAAAAAAAA(Amends Ord. 96(Effective Date 9A 01: - 02:9, 48, - 7 - 7 - 3 11:511:279:1011:1811:1111:3611:289:2211:205:1811:1507:701:9; 601:Por. 1, and 811:8 - -------------- 8 22222222222922 --------------- TMK of ParcelAffected 6666666666656Por. 25; 6Por. 17;and66 ukapu, Waimea, South Kohala i, South Kohala General Location and Pu 19992001 -- 1999199919992001200220022002 ------- 20002000200120012002 422----30- -- 132198122248122828 ------------ EffectiveDate 5681029119111222 647894121149501028111703212528 -------------- Ord.No.9999999900000101010102020202 - Paragraph(61)(62)(63)(64)(65)(66)(67)(68)(69)(70)(71)(72)(73)(74) North and South Kohala District § 25-8-7 25A-48 North and South Kohala District § 25-8-7 1975 C.C. 1a 2a2a2a2a2a2a2a2a2a2a2a2a2a - ------------- FinalZoning RARARARARARARARARARAMLRARARA 5a5a5a5a5a5a5a5a5a5a5a5a5a ------------- OriginalZoning AAAAAAAAAAOAAA 2:Por. of 33 11:267:211:259:911:311:1211:3111:1911:1311:3411:1011:1611:9 -------------- 22222222228222 -------------- TMK of ParcelAffected 66666666666666 Kohala General Location Waikoloa, South Kohala tive 2002200220032003200320032003200320042004200420042005 ------------- 2003 - 301961313131327271127121217 -------------- EffecDate 58355558824883 699335717375771221241248868833 -------------- Ord.No.0202030303030303030404040405 - Paragraph(75)(76)(77)(78)(79)(80)(81)(82)(83)(84)(85)(86)(87)(88) North and South Kohala District § 25-8-7 25A-49 North and South Kohala District § 25-8-7 1975 C.C. 51 and - 1995) - 90) - 2a2a2a2a2a 3a 7.515 ----- - 21 -- 400a 3a - 51)010)157 13 -- --- - FinalZoning RAFARARARSRARAAARS 1aEffective Date - -- 05) - 160 15 -- 40a, A 5a5a5a5a20a5a5a20a20a ---------- OriginalZoning AAA(Amends Ord. 95(Effective Date 03AAA(Amends Ord. 90(Effective Date 2AAA(Amends Ord. 05that amended Ord. 959012A 23: - 5 - 11:336:59:2602:Por. 16,03: Por. 3211:30008:Por. 0469:1710:Por. of 1311:20007:007001:020002:Por. 016,003:Por. 032008:Por. 002 - -------------- 8 29282525295884 --------------- TMK of ParcelAffected 656666567(Formely 764 and 67)656665 a, North Kohala South Kohala General Location Waikoloa, South KohalaHienaloli 5th and 6th , North KonaWaimea, South KohalaWaikoloa,Puehuehu and Kapu 2005 - 200520052005200620062006200620062007200720072008 ------------ 15877 ---- 311625132227141120 --------- EffectiveDate 35812157111289910 35641201570369109138155106112127139 ------------- Ord.No.05050505060606060607070708 - ) Paragraph(89)(90)(91)(92)(93)(94)(95)(96(97)(98)(99)(100)(101) North and South Kohala District § 25-8-7 25A-50 North and South Kohala District § 25-8-7 1975 C.C. -- 08 - – 95)10) -- 2007)2007) 201.5a2a5a2a 3a2a 7.5, Open 15,10,15 160 -- ----- -- ---- 1222 - 157, -- 21, - 119)127, that101) - ---- 2014 90 -- FinalZoning FAFARSRSRSCVRARARARSRA 7.5 - 87, and Ord. 90 51, and -- 15 - 20a, RS 20a20a5a3A5a1a5a -------- OriginalZoning(Amends Ord. 95(Effective Date 10AAAA(Amends Ord. 07amended Ord. 05Ord. 95Effective Date 9(Amends Ord. 07amended Ord. 02Ord. 98Effective Date 8AARSAA(Amends Ord. 10(Effective Date 10 0001 - 007:003005:004 and 005008:001019:025 and 002:Por. 021002:Por. 016007:007005:008009:013001:008007:045009:015019:025 and ------------- 9945889229525 ------------- TMK of ParcelAffected 5555027 (portions)66 56656and 000265027 (portions) uth Kohala General Location KapuPahoa, North KohalaWaikoloa, South KohalaWaikoloa, South KohalaOuli, Waimea, South KohalaWaimea, SoPahoa, North Kohala 2008091010 ---- 201320132013201520162020202220232024 --------- 31202222 ---- 131313201620150314 --------- EffectiveDate 12101010333734616 1791299910128293072182566237 ------------- Ord.No.08091010131313151520222324 - ) Paragraph(102)(103)(104)(105)(106)(107)(108)(109)(110)(111)(112)(113(114) SUPP. 16 (7-2024) 25A-51 Point-Kaauhuhu Homesteads §25-8-8 1 to - 3) - 1975 C.C.7.06(b)7.06(d)7.06(j)7.06(m)7.06(q)7.06(t)7.06(v)7.06(xx7.06(z) 3a1a3a1a5a10a5a5a3a,10a3a10a5a ------------- FinalZoning AAAAAAAAAAAAA 20a20a20a20a20a20a20a20a20a20a20a20a ------------ OriginalZoning AAAAAAAAAAAA auhuhu Homesteads) 01:Por. 22, 41 and01:53 and 5501:Por. 501:10 and 11,07:Por. 10 01:2501:5604:2001:2901:2202:1302:1001:11 ------------- a 5555555547545 8 ------------- - K TMK of ParcelAffected 555695555555555 - 8 - § 25 Upolu Point North Kohala Nunulunui, ZONING MAP ( General Location Kaauhuhu Homesteads, North KohalaKahei Homesteads, North KohalaKaauhuhu Homesteads, Kaauhuhu,North KohalaKokoiki, North KohalaKahei Homesteads, North KohalaKaauhuhu, Mahukona 1st and Kaauhuhu, North KohalaKaauhuhu Homesteads, North KohalaMahukona 2nd and Puuokumau,North KohalaKaauhuhu Homesteads 2nd,North KohalaPuuokumau, North KohalaKahei, North Kohala 19681983 -- 197019731975197919801982198319831983 --------- 1977 20-26 -- 2813149311124242414 ---------- EffectiveDate 11147259833910 1540 -- Ord.No.16729857113124743761981586586783(Am.Ord. 865)83 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) Upolu Point-Kaauhuhu Homesteads § 25-8-8 25A-52 Point-Kaauhuhu Homesteads §25-8-8 1975 C.C. 2a, - 1983) 85) - - 10a1a, A600a, O3a3a20a3a1a3a3a3a 15)48) 14 ----------- 20 -- - - FinalZoning AAAAAAAAAAA 5a - g 20a20a20a20a3a, A20a5a20a20a5a ---------- OriginalZonin AA(Amends Ord. 83(Effective Date 9AAAAAAAA(Amends Ord. 85(Effective date 6 3:17 - 5 - 01:20 - 6 - 1:20 and 21 - 6 - 01:Pors. 24 and 4301:60, 6403:17 and Pors. 910:10 and 11,02:1301:1191:60, 64; 5 01:2001:2601:2002:8501:531:192:12 -------------- 65547555555555 -------------- TMK of ParcelAffected 555and 16, 5and 2155555555555and Pors. of 9 and16, 5 nd General Location Honoipu and Puakea, North Kohala2nd and 3rd, Honoipu, Puakea, Haena and Kapunapuna North KohalaMahukona 2nd and Puuokumau,North KohalaKaauhuhu, North KohalaKaauhuhu, North KohalaKaauhuhu, North KohalaKaauhuhu, North KohalaKahei, North KohalaKaauhuhu, North KohalaKaauhuhu Homesteads, Kaauhuhu,North KohalaKahei, North Kohalaand 3rd, Honoipu, Puakea, Kukuipahu,Kapunapuna, North Kohala 19831987 -- 198519871990199419941996199619961999 --------- 1986 12-30 -- 2092416131312272721 ---------- EffectiveDate 12672117991669 564878171208699100047475109 ------------ Ord.No.838586878790949496969699 - Paragraph(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24) Upolu Point-Kaauhuhu Homesteads § 25-8-8 25A-53 Point-Kaauhuhu Homesteads §25-8-8 1975 C.C. 3a1a 15 -- - 5a3a10a --- FinalZoning ARSFAAFAA 20a20a5a20a20a20a ------ OriginalZoning AAAAAA 2:Por. of 6003:010 2:141:12202:854:33 ------ 445555 ------ TMK of ParcelAffected 555555 General Location Honomakau, Puehuehu and Hanaula,North KohalaPuehuehu, North KohalaKahei, North KohalaKaauhuhu, North KohalaKokoiki, North Kohala 19992004 -- 20012004 -- 20012006 23-19- -- 613148 ---- EffectiveDate 12226118 161131968127113 ------ Ord.No.990101040406 - Paragraph(25)(26)(27)(28)(29)(30) Upolu Point-Kaauhuhu Homesteads § 25-8-8 25A-54 -Kapaau §25-8-9 976 1 - 17 - 1976 - 238, 14 - 1975 C.C.7.07(a)7.06(h)7.06(k)7.06(i)7.07(b)7.06(o)Repealed byOrd.12Repealed by Ord.185, 12 4 20 10101a10 15151010,- - ---- ---- 1a5a5a --- FinalZoning MLRSRSACVAACVRARSRSRMCV 1a 151515 - --- 20a20a20a20a20a5a20a ------- OriginalZoning RSAAARSAARSARAA ) 10:17 au - 4 - Kapa - 05:30 and Por. 613:17 and 1803:25, 26 and07:48; 508:Por. 306:18 and Por. 21 11:708:308:309:5708:3 ----------- 53554555553 9 ----------- - TMK of ParcelAffected 5555Por. 195555555 8 - § 25 ZONING MA General Location Kahei and Kaauhulu, North KohalaKapaau, North KohalaKaauhuhu Homesteads, 2nd series,Kaauhuhu, North KohalaKahei, North KohalaPuehuehu, North KohalaKaauhuhu Homesteads, North KohalaKaauhuhu Homesteads, North KohalaKaauhuhu, North KohalaKaauhuhu Homesteads, North KohalaKaauhuhu Homesteads, North KohalaAinakea, North Kohala 1976 - 19731973197519761986 ----- 19721973198419851986 --14--- - 122132211799925 ---------- EffectiveDate 814832127966 38686069 ---- Ord.No.49255257259910218523884858686 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) -Kapaau § 25-8-9 25A-55 -Kapaau §25-8-9 1975 C.C. 91) - 20 10101010 2a 15101015 - ---- - ---- 103) 11 - - FinalZoning CNRSRSOCVCVRSCVRSCVFA a 10 15 151515151515 - ------- 20a20a,20a20 ---- OriginalZoning RSARSCVRSRS(Amends Ord. 92(Effective Date 9ARSRSARSA 07:Por. 102:Por. 3911:10505:Por. 5806:21 and 367:Por. 2008:Por. 002010:025008:001 11:3507:305:88 ------------ 455344444454 ------------ TMK of ParcelAffected 555555555555 a, North Kohala ula, North Kohala au, North Kohalaau, North Kohala auhuhu, North Kohala General Location Kapua and Puehuehu, North KohalaKaauhuhu, North KohalaHualua, North Kohala Ainakea, North Kohala KapaKapaHanaKaKapu 198910 -- 19871998198919921997199819982008 -------- 19952010 22-7-22 --- 2431131172023167 --------- EffectiveDate 256129314910410 166581162103350336931392399 ------------ Ord.No.878889899295979898081010 - Paragraph(12)(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23) -Kapaau § 25-8-9 25A-56 Halaula-Niulii § 25-8-10 1975 C.C.7.06(c)7.08(c) 1987) - 10 10 15 - - - 75) 13 - - FinalZoning RSCNCV 1515 -- 20a - OriginalZoning ARSRS(Amends Ord. 87(Effective Date 7 i) Niuli - ula 07:Por. 01 10:5009:3009:30 ---- 3322 ---- 10 - TMK of ParcelAffected 5555 8 - § 25 AP (Hala ZONING M eral Location Gen Pueke, North KohalaPueke, North KohalaMakapala, North Kohala Makapala, North Kohala 19691989 -- 1987 - 1975 15-11 -- 213 -- EffectiveDate 125712 75156 -- Ord.No.2851098789 - Paragraph(1)(2)(3)(4) Halaula-Niulii § 25-8-10 25A-57 -Puukapu § 25-8-11 19791980 -- 1512 -- 1975 C.C.7.09(a)7.09(b)7.09(c)7.09(d)7.09(e)7.09(f)7.09(g)7.097.06(n) Am. byOrd. 416,37.09(i)7.09(j)7.09(k) Am. byOrd. 572,5 7.57.5 7.5 1015151515 -- - ----- 1a3a1a5a ---- FinalZoning RSRSACNCVARSARSRSACN 20 7.5 - - 1a5a5a40a5a5a40a1a1a5a ---------- OriginalZoning CVAAAMLAAAAAAA ) ukapu Pu - 03:Por. 11 and 1201:Por. 9102:Por. 1702:13201:Por. 9001:1, 2, and 7201:10 and 6807:Por. 2901:Por. 88 07:2801:4818:57 ------------ 554474442544 ------------ 11 - TMK of ParcelAffected 666666666666 8 - § 25 series, General Location Waimea, South KohalaWaimea, South KohalaPuukapu Homesteads, South KohalaPuukapu Homesteads, South KohalaWaikoloa, South KohalaPuukapu Homesteads, 2nd series,South KohalaPuukapu Homesteads, 1st Puukapu, South KohalaPuukapu Homesteads, 1st series,Puukapu, South KohalaOuli, South KohalaWaimea Homesteads, South KohalaPuukapu Homesteads, 2nd series,South KohalaPuukapu, South Kohala 19771978 -- 197219721972197419751979 ------ 1972197219721974 ---21-11113 ----- 1111519528 ------- EffectiveDate 88881112281010113 Ord.No.4884894935055345421748148306394422 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) -Puukapu § 25-8-11 25A-58 -Puukapu § 25-8-11 2) 2) - - 1 to q 1 to s - - 1975 C.C.7.09(l)7.09(m)7.09(o)7.09(p)7.09(n)7.09(q7.09(r)7.09(s 1980) - 7.510 7.52020 202010, O15201010 -- --- ------- 5a5a 12 --S - FinalZoning CVRSCVRSCVRSAACNRSRSRCNRS 10 - 40a1a5a1a5a1a40a40a5a1a1a5a ------------ OriginalZoning AAAAAAAARSAA(Amends Ord. 519)(Effective Date 2AAO 17:23 - 02:Por. 1701:10102:16703:24 and 9806:Por. 2201:Por. 4002:168 07:3601:4307:2607:3604:216:807:81 -------------- 7545451444455545 --------------- TMK of ParcelAffected 666666666666666 General Location Waikoloa, South KohalaWaimea Homesteads, South KohalaPuukapu, South KohalaWaimea, South KohalaPuukapu, South KohalaWaimea Homesteads, South KohalaPuukapu Homesteads 2nd, South KohalaPuukapu Homesteads 2nd, South KohalaPuukapu Homesteads, South KohalaPuukapu, Homesteads, South KohalaWaimea, South KohalaWaimea Homesteads, South KohalaWaimea Homesteads, South KohalaPuukapu, South KohalaWaimea, South Kohala 1982 - 19791980198019811980198319831984198419851985198519881990 -------------- 22 - 1612121021212127312419221213 -------------- EffectiveDate 7254411662712472 139 134400321060 ------- Ord.No.45451956868355983188989384848585858890 - 16) Paragraph(13)(14)(15)((17)(18)(19)(20)(21)(22)(23)(24)(25)(26)(27) -Puukapu § 25-8-11 25A-59 -Puukapu § 25-8-11 1975 C.C. 10,10 1a, 20, -- 2, 7.5, - - 3a - - - 1985)1990) -3, CV-5.0, 20, A20 7.5 10 5, RM 7.57.57.5 7.5, RS15, RS7.5, RS -10- -- -- - --- ---- 5a10a40a, RA 32)9) 2213 --- -- -- FinalZoning ARSRSRDRMMLCNCNRSCVCVAARSRMCVML 7.5 2, - - Ord. 90 3a, - 23, 20,20 7.5 5, RM 7.5, -7.5,10,15,20,- -- - - - ---- 40a, RS40a, A 40a5a5a1a40a ------- OriginalZoning A(Amends Ord. 85(Effective Date 4AA(Amends(Effective Date 2AAMLRMCNAARSRSRSRSRDRMCVML 01: Por. 01: - - 7.01:Por. - 8 - 07 - segment of 02:9 and02: 9, 48, - - :( 77 -- 17 3004:2101:9, 601:Pors. 1 and 824:Por. 2707:8124:2201:Por. 332:14, 34 and Por. 6:5530:1001; 6 ------------ 452845457442 ------------ TMK of ParcelAffected 6Government 6625, 6Pors. 15 and 17,66666666625; 6Por. 17; 6Por. 1, 8 General Location Puukapu Homesteads, 2nd series,South KohalaWaimea Homesteads, South KohalaOuli, Lanikepu, Lalamilo, Waikoloa andPuukapu, South KohalaPuukapu, South KohalaWaimea, South KohalaPuukapu, South KohalaWaiaka 1 and Waiaka 2, Waimea,South KohalaWaikoloa, South KohalaPuukapu, South KohalaPuukapu, Waimea, South KohalaOuli, Lanikepu, Lalamilo, Waikoloa andPuukapu, Waimea, South Kohala 1995 - 19901992199319931994199519961996 -------- 19901995 --12 - 127152222187101926 ---------- EffectiveDate 356695351299 1661656590563663144103117 ----------- Ord.No.9090929393949595959696 - Paragraph(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38) -Puukapu § 25-8-11 25A-60 -Puukapu § 25-8-11 1975 C.C. 3a 10, - - 96) 10, RS 7.5 7.5.5a7.5, FA - 3a1a 151010,20 -- --- -- ---- 5a5a5a 117) --- 26 - - FinalZoning RSRSFACNFAARSCVRACNRSCVAA 15 - 1a1a40a5a3a40a5a5a, RS5a5a40a40a ------------ OriginalZoning AAAAAAAAAAAA(Amends Ord. 96(Effective date 9 01: Por. - 07 - 02: 9, 48, - 7 - 01:Por. of 4201:124 and Por.1:Por. of 4101:9; 601:Pors. of 1 08:3207:2501:3501:922:1482:36:851:9130:15 -------------- 55444444442428 -------------- f 140 TMK of ParcelAffected 66666666o66666of 25; 6and Por. of 17; and6and 8 General Location Waimea, South KohalaWaimea, South KohalaPuukapu Homesteads, First Series,Puukapu, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaLanikepu, Waimea, South KohalaPuukapu, South KohalaOuli, Lanikepu, Lalamilo, Waikoloa andPuukapu, Waimea, South Kohala 199919992001 --- 19971997199819991999199920002002 -------- 19971998 --8101030 ---- 2027316228281828 --------- EffectiveDate 12737221012129112 9 024952367222411414815210411525 ------------- Ord.No.97979798989999999999000102 - Paragraph(39)(40)(41)(42)(43)(44)(45)(46)(47)(48)(49)(50)(51) -Puukapu § 25-8-11 25A-61 -Puukapu § 25-8-11 1975 C.C. 94)93)83) 10 7.5.5a --- 2a2a 2020 - 11) -- -- -- - 5a400a5a5a 56)65)73) ---- 1822211 --- ---- FinalZoning CNAACVARAFARSFARSA 20 - 1a - 5a40a40a, A40a, ML40a40a5a1a5a1a40a ----------- OriginalZoning(Amends Ord. 94(Effective date 5A(Amends Ord. 93(Effective date 6AAAAAAA(Amends Ord. 889)(Effective date 6AAA(Amends Ord. 11(Effective date 9 067 - 24:Por. of 27001:020002:020 and017:042001:099018:087011:030017:023, 064017:023)001:152004:049017:043017:042 24:2224:2317:40 ---------------- 4444574445444544 ---------------- TMK of ParcelAffected 666666Por. of 05166666and 078 (formerly66666 ries, ohala ukapu, Waimea, South Kohalaukapu Homesteads, 1st series,ukapu, South Kohalaukapu Homesteads, 2nd seukapu, Waimea, South Kohalaukapu Homesteads 2nd series,ukapu, South Kohala General Location Puukapu, Waimea, South KohalaPuukapu, Waimea, South KohalaPuukapu, Waimea, South KWaimea, South KohalaWaimea, South KohalaWaikoloa, WaimeaPuPuPuPuukapu Homesteads, 2nd series,South KohalaWaimea Homesteads, South KohalaPuSouth KohalaPuWaimea Homesteads, South KohalaPuWaimea, South KohalaPu 20050720131922 ----- 20022002200220072013201520162017 -------- 20112018 2726-16-0424 ----- 282812111132418184 ---------- EffectiveDate 88912912921048710602 8250016713 9899107169112181731110237 ----- ---------- Ord.No.02020205070711131315 1617181922 - Paragraph(52)(53)(54)(55)(56)(57)(58)(59)(60)(61)(62)(63)(64)(65)(66) -Puukapu § 25-8-11 SUPP. 12 (7-2022) 25A-62 -§ 25-8-12 2) - 1 to b 1980 - - 17 - 1975 C.C.7.06(a), 7.06(b)7.10(a)7.10(b)7.10(b7.10(c)7.10(d) Am. byOrd. 642,107.10(e) 6 - 20, - 5, O20 10, 10, O, 15, RM -20-1520,5a - - ----- 1.251.251.251.25 ---- FinalZoning RMVOpenRSVVRMO, RMVRSCVRSMLRSRS 10 15, O - - 40a1.251a1a1a and O1a, U ------ OriginalZoning ACVVAOOAAOARS ) 02:Por. 12 - 2 - - 02:Por. 402:Por. 402:Por. 402:Por. 4, 18 and01:62, 63, 78, 79 0102020202:252:5 ----------- 22222222622 ----------- 12 TMK of ParcelAffected 666666661966andPor. 51, 66 - 8 - § 25 General Location Ouli, South KohalaOuli, South KohalaOuli, South KohalaOuli, Waimea, South KohalaOuli, South KohalaOuli, South KohalaOuli, South KohalaLalamilo, South KohalaOuli, South KohalaOuli, South Kohala 19691984 -- 196819681968198019821984 ------ 197219861988 26-30-- -- 171818118231322 --------- EffectiveDate 7991187781165 45844650 ---- No. Ord. 13915215227550060280884848688 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) -§ 25-8-12 25A-63 --8-12 1975 C.C. - - 10, - 15, 20 - 1a - - 6, RS1.5 10, O1510, O 15, RM 2020-10-1015 --- ------ FinalZoning RSRSRM15, MLCVO, RSRSRMCVRS6, RMCVRSMCXRS 10, 10, 6, - - - 15, - 6, RS15, CV15 10, CV 15, RM -20, O-- - -- 1.251.25 -- OriginalZoning OORMMLORSOOVRSRMOVORM 19 - 2:3 to 601:Por. 5102:Por. 1201:Por. 702:Por. 1313:1, 2 and 7 02:1903:223:153:1516:1 ----------- 66229292912 ----------- TMK of ParcelAffected 66666666666 General Location Lalamilo, South KohalaLalamilo, South KohalaOuli, Waimea, South KohalaOuli, South KohalaLalamilo, South KohalaOuli, South KohalaLalamilo, South KohalaOuli, Waimea, South KohalaWaimea, Lalamilo, South KohalaOuli, South Kohala 1988 - 1989199019911992199419941995200320052006 ---------- 27772 --- 252222618132713 -------- EffectiveDate 10755251298121 5 152106644916531271071201530 ----------- Ord.No.8889909192949495030506 - Paragraph(12)(13)(14)(15)(16)(17)(18)(19)(20)(21)(22) -5-8-12 25A-64 -Anaehoomalu § 25-8-13 12) 7,32) 2) 25) - 28) -- - 21) - - - 19711976 -- Ord. 12) - 1 to u 1 to d1 to p 1 to g 2719 1 to s 1 to r 1 to f - -- - -- - - -1978 380, - 4 10 9 to d - - .06(u 8 1975 C.C.7.06(dd7.06(f7.06(g7.06(pRepealed byOrd. 7.06(rAmends392,7.06(s203, 47 10, 10, - 1.5, - - 20a, - 2.0 1.0 - - 2.0, 3.0, - - 1.25 20, CV - 3.0, A30,1.5,3.03.0, CV1.5,3.0,3.0, 20, O -- 10 and O1010,10, V 10, RM -------- - ---- - 1.25,1.25, V1.0, V1.25, ---- 1.5, RM FinalZoning RSRMCVVRMRMCVCVRMCVVRMVRMRMMLVRMO, V - - 3.0, ML10 1.25, V - - 2.0 1.25, RM1.0, V - -- 2.0, RM - 1.5, RM 3.0, VV 1010 and O -- -- he ) OriginalZoning UORMCVO, URevising and RedesignatingtCVRevising and RedesignatingtheRMRepeals Ord. and OO, V3.0, V omalu Por. 3 and 5Por. 3 and 5 03:6 and 701:Por. 22,07(Por.)01:Por. 22,01:Por. 22,01:Por. 3 01:401:1301:01: Anaeho---------- 8988998989 - ---------- 13 - TMK of ParcelAffected 6666666666 8 - § 25 General Location Waikoloa, South KohalaAnaehoomalu, South KohalaWaikoloa, South KohalaWaikoloa, Kalahuipuaa and Anaehoomalu, South KohalaAneahoomalu, South KohalaWaikoloa, Kalahuipuaa andAnaehoomalu, South KohalaKalahuipuaa and Anaehoomalu,South Kohala 1969 - 19711972197619771978 ----- 1980 18- - 27281928104 ------ EffectiveDate 12484488 80 Ord.No.2913925152032653608 - Paragraph(1)(2)(3)(4)(5)(6)(7) -Anaehoomalu § 25-8-13 25A-65 -Anaehoomalu § 25-8-13 1 to - 90) - 1975 C.C.7.06(aaaa 4, O - -- - - 3, 1.0,- - 1977)1972) 3.0, V1.5,3.0, V3, RM3, CV3, O1.5, O -- 10,1010,10, O,10,10, ------- -- ---- 1.25, U1.25 25, O 2828 -- -- FinalZoning CVRM1.25, RM1.5, VCVCVRMRM1.RMCVVO, RMVProposedRM10, OCVRMCVRM 3, - 1.5,3 - -- 10, - 1.25, - O 20, - 1.5, O,1.5,1.5, RM 3.0,1.5,333, O1.5, O 10, 10, RM10, O10, RM10, -------- - ---- 1.0, V1.251.25, RM --- OriginalZoning VCVRMMLRMRM(Amends Ord. 265)(Effective Date 4RMVU, O, CVVRM(Amends Ord. No. 515)(Effective Date 8RMUnzoned,RMCVO, MLCVCVRM 22: , - 8 - 22:5, 7, - 13, 22, 23, and 35 8 - 17, 18, 25,28, 36 and 37 Pors. 2 and 9 - Pors. 1, 2, 8, 53, 6 01:Por. 22, 607(Por.)07:9, 12, 13,01:Pors. 22, 52 3:6 and 722:Pors. 13, 1507:Por. 2522:18, 19, 2107:22, 23, 24, and 22 27, ---------- 8899888989 -----nd----- TMK of ParcelAffected 6Pors. 1, 2, 3, 4, 8,9, 1066614, 16,26 and 306a9 and10, 11, 12,25, 26, 326617,66and 336Pors. 25 and 30 South Kohala General Location Kalahuipuaa, Waikoloa andAnaehoomalu,Waikoloa, South KohalaAnaehoomalu, South KohalaAnaehoomalu, South KohalaAnaehoomalu, South KohalaWaikoloa, South KohalaKalahuipuaa and Anaehoomalu,South KohalaAnaehoomalu, South KohalaWaikoloa, South KohalaAnaehoomalu, South Kohala 1989 - 1983198519871988198819891990 ------- 19851985 --17 - 1119991329312312 --------- EffectiveDate 72997252104 7 075767324703513539 --------- Ord.No.908858585878888898990 - Paragraph(8)(9)(10)(11)(12)(13)(14)(15)(16)(17) -Anaehoomalu § 25-8-13 25A-66 -Anaehoomalu § 25-8-13 1975 C.C. 6,8, 10, -- - 1.25 - 443, 10, 10, --- - - 20 - 4, RM8, CV3, O6, RM4, V20 20, O 1010, O -----20- - -- - 2a2a -- FinalZoning CVU, CVURMRMMLO, RMRMO, CVRMCVO, RMO, RMRMVRSVRMMCX 8,4 -- , O 1.25 - 3, 10 - - 34, O36, RM4, O4, V33, RM 10, U10, O, -------- -- 5a - OriginalZoning RMCVURMCVRMRMO, CVRMO, RMRMORMORMA 22:22:22: --- 888 --- 12, 35 - - 14, - 7, 9, 10, 7, 9 - 49 - 6, 8 - and 29 03:Por. 801:Por. 52, 608:2, 6,01:Por. 54, 622:Pors. 19,08:Por. 201:Por. 54, 601:Por. 54,22:Por. Por. 1,27:1, 3001:058 07:157:1533:1 12 and 13 -----------27, --18, 20- -- 88988988898988 -------------- TMK of ParcelAffected 66Pors. 2 and 35611,6Por. 7621 and 3366Por. 10 and 35663, 4, 5, 7, 9, 27 and 32661666166 General Location Waikoloa, South KohalaWaikoloa, South KohalaWaikoloa, South KohalaWaikoloa, South KohalaWaikoloa, South KohalaWaikoloa, South KohalaWaikoloa, South KohalaWaikoloa, Kalahuipuaa andAnaehoomalu, South KohalaAnaehoomalu, South KohalaWaikoloa, South KohalaAnaehoomalu, South KohalaAnaehoomalu, South KohalaWaikoloa, South Kohala 1990199120032003 ---- 19901992199219941995199720052017 -------- 1995 271844-1419 ------ 2621710241715 ------- EffectiveDate 9121112123353111265 2 114159111391403137644914916910232 ------------- Ord.No.90909192929495959703030517 - Paragraph(18)(19)(20)(21)(22)(23)(24)(25)(26)(27)(28)(29)(30) -Anaehoomalu § 25-8-13 SUPP. 2 (7-2017) 25A-67 -Anaehoomalu § 25-8-13 1975 C.C. 10 - 6, RS - FinalZoning RMPD 8, - 84, -- 6, RM - 10 - RM OriginalZoning O, RMO, RM CV 31 0 008:021 Pors. 027,008: Pors. 013, -- 99 -28 and - TMK of ParcelAffected 606022, 025, 029 and 033 General Location Waikoloa, South KohalaWaikoloa, South Kohala 20222022 -- 2129 -- EffectiveDate 44 3546 -- Ord.No.2222 - Paragraph(31)(32) -Anaehoomalu § 25-8-13 SUPP. 12 (7-2022) 25A-67.1 This page intentionally left blank. SUPP. 12 (7-2022) 25A-67.2 Waikoloa Village § 25-8-14 1975 C.C. 20 - Zoning Final MCX OriginalZoning O ) portion ( 003:041 - 8 14 - - TMK of ParcelAffected 6 8 - § 25 ZONING MAP (Waikoloa Village) South Kohala General Location Waikoloa, 24 20 - 14 - EffectiveDate 06 36 - Ord.No.24 - Paragraph(1) Waikoloa Village § 25-8-14 SUPP.16 (7-2024) 25A-68 -8-15 1975 C.C. 5 - 1a 10, 7.5,18, - - - - 1a - 10, A 10, RM 1990) 15-15, V - - -- 20a35a20, 000a13, CV1a,3a, O43, RS43, A25 26) 9 --------- - - FinalZoning AARSAVAACVRMVRSVV 40a43 -- 20a, - 15, A15, V -- 40a40a40a5a, A40a40a40a ------- OriginalZoning AAAAAAA(Amends Ord. 90(Effective Date 4RSRS District) 06:2, - 8 - 03:Por. 6, - 8 06:Por. 3501:4 and 5,02:4 and Por.04:1, 2 and Por. 3,05:1, 3, 4, 5, 6 and08: 1, 2, 1901:Por. 4,06:43,06:Por. 3506:13, 43, Por.6:3, 13 and Por 07:4807:39 - ------------- 7788888888888 ------------- 15 - TMK of ParcelAffected 444Numerous445, 444Por. 2, 44and 234444 and Pors. 1 and 11449, 11 and 444of 44. -- 8 - § 25 ZONING MAP No. 7.11 General Location Waikoekoe, HamakuaWaikoekoe, HamakuaWaikoekoe, HamakuaHamakuaKeaa, Puopaha, Kalakalaula,Kukuihaele, Waikoekoe, Lalakea,Kanahonua, HamakuaKanahonua, Waikoekoe, Keaa,Puopaha, Kalakalaula, HamakuaWaikoekoe, HamakuaWaikoekoe and Kanahonua, HamakuaWaikoekoe and Kanahonua, Hamakua 199119911991 --- 198619861992 --- 199019942001 -272626-- --- 242492286 ------ EffectiveDate 224121212763 121326132133134846322 --------- Ord.No.868690919191929401 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9) District § 25-8-15 25A-69 -8-15 1975 C.C. 3a 10a and 5a15 - --- 40a5a -- FinalZoning AFARSRSRSA 18, - 1a - 3a 15, V10 - -- 43, A20a25 and40a ---- OriginalZoning RSVAVARSFA 06:43 and Pors.007:048006:003, 006:013 and 006:069010:136, and024:010007:048 -------- 87888557 -------- TMK of ParcelAffected 4of 9 and 114444444 a General Location Honok 2022 - 2001200620172023 ---- 176 -- 241617 --- EffectiveDate 9621112 79811611497 ----- Ord.No.0106172223 - 3) Paragraph(10)(11)(12)(1(14) -8-15 SUPP. 15 (1-2024) 25A-70 -8-16 2) 3) - - 1 to e 1 to c - - 1975 C.C.7.12(a)7.12(b)7.12(c7.12(d)7.12(e7.12(f) 1978)1996) -- 7.5 1985) 1010 - - -- 1a1a3a5a,5a20,000a1a 18)9) 24323 ------- -- --- FinalZoning AARSAARSACVAA d. 341) 20a, - 10,10 -- 5a5a5a,40a5a40a40a5a, A40a40a ---------- OriginalZoning AAAAARSAARS(Amends Or(Effective Date 4(Amends Ord. 85(Effective Date 4AAA(Amends Ord. 96(Effective Date 2 - 10: - 5 - District Homesteads) 03:Por. 1603:Por. 1410:Por. 1, 210:82 and Por. 3110:Pors. 1, 210:1, 31, 121, 198 07:6806:1110:853:313:31 ----------- 55565655533 ----------- 16 - TMK of ParcelAffected 444and 3144444and 314116 (formerly 4Por. 1, 2 and 31)Numerous44 8 - § 25 -- ZONING MAP No. 7.12 General Location Kaao Homesteads, HamakuaKaao Homesteads, HamakuaPaalaea, Papaanui, Haina and Namoku,HamakuaAhualoa Homesteads, Ahualoa, HamakuaNamoku and Papaanui, HamakuaAhualoa, HamakuaPapaanui, Paalaea and Kaao, HamakuaPaalaea, Papaanui, Haina and Namoku,HamakuaPaalaea, Papaanui, Haina and Namoku,HamakuaHamakuaHauola, Opihilala, HamakuaHauola, Opihilala, Hamakua 197819841991 --- 1973197819801983199119961998 ------- 19731985 -2723-27 --- 8272412163142324 --------- EffectiveDate 664122510461222 7218541320914 ------ o. Ord.N 581588341404534882848591919698 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) ua District Homesteads § 25-8-16 25A-71 -8-16 1975 C.C. 10a - FinalZoning A 40a - OriginalZoning A 011:039 - 6 ffected - TMK of ParcelA 4 General Location 2010 - 22 - EffectiveDate 10 102 - Ord.No.10 - Paragraph(13) ua District Homesteads § 25-8-16 25A-72 Haina, Honokaa-Kukuihaele §25-8-17 2) - (a) 1975 C.C.7.137.13(b and b7.13(c)7.13(c) 18, - 1a - 1978) - 10 10107.52a 1985) 107.5,15, V - ---- - --- 43,43, A 18) 243 -- - -- FinalZoning VillageCommercialCVCVRSCVVRSRSVCNRA Family - 7.57.5101510 ----- 5a,40a40a5a ---- OriginalZoning SingleResidentialRSRSAA(Amends Ord. 341(Effective Date 4(Amends Ord. 86(Effective Date 4RSRSARSA Kukuihaele) - a 116 (formerly 17:15 and 1616:23 and 5816:Por. 4710:Por. 1, 210:Por. 1, 210:1, 31, 121,10:Por. 1, 203:24 and 124 21:6121:60 - ---------- 5555555555 -------- -- 17 - TMK of ParcelAffected 4444and 314and 3141084and 31)4444 8 - (Haina, Honoka - § 25 G MAP No. 7.13 HamakuaHamakuaHamakua ZONIN General Location Kaao Homesteads, HamakuaHaina, HamakuaHaina, HamakuaPaalaea, Papaanui, Haina andNamoku,Paalaea, Papaanui, Haina andNamoku,Paalaea, Papaanui, Haina andNamoku,Kaao, HamakuaWaikoekoe, Kanahonua, HamakuaKaao, HamakuaKaao Homesteads, Hamakua 196819761978199119992001 ------ 1972198519921994 ---- 1711624314782113 ---------- EffectiveDate 7874464692 1854336310820 ------ Ord.No.138495215341859192949901 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10) Haina, Honokaa-Kukuihaele § 25-8-17 25A-73 Paauilo-Kkaiau § 25-8-18 1975 C.C. 10 7.5 - - FinalZoning CVRS ) 15 10, -- 40a - OriginalZoning RSRSA iau l - auilo 01:Por. 33:Por. 3 -- 32 -- 18 (Pa - TMK of ParceAffected 44 8 -- - § 25 G MAP No. 7.14 ZONIN General Location Paauilo, HamakuaKainehe, Hamakua 1985 - 1988 - 237 -- EffectiveDate 83 6532 -- Ord.No.8588 - Paragraph(1)(2) Paauilo-iau § 25-8-18 25A-74 North Hilo District § 25-8-19 1975 C.C.7.15(a)7.15(b)7.15(c)7.15(d) 5a - 1a1a 1a 101010 -- - --- 1a1a, A20,000a10a20a5a5a5a5a --------- FinalZoning RSRSRSARAAAAARAAAAFAA 20a - 1010 -- 20a20a20a20a20a5a, A40a20a20a20a20a20a20a ------------- OriginalZoning AAAARSAAARSAAAAAA 4: - 02:9 5 -- 9 - 04:Pors. 7 04:2501:3, 3 -- -- 03:Pors. 27 and02:Por. 413:Pors. of 27005:003004:023004:030001:023 and 031001:024 05:0304:254:77 ----59------- -- 55522:Por. 415565599 ------------ 19 - TMK of ParcelAffected 33372, 3and 53323323and 75 and 3Por. of 8333333 (North Hilo District) 8 -- - § 25 Maulua, North Hilo - ZONING MAP No. 7.15 aloa, North Hilo OO General Location Kihalani, North HiloKihalani Homesteads, North HiloPapaaloa, North HiloWaikaumaluKihalani Homesteads, North HiloKapena, North HiloNorth HiloPapaaloa, North HiloNorth HiloWaipunalei, North HiloKihalani, North Hilo 1975197819912018201920222023 ------- 197119741985198520032014 ------ 1999 311327-01080518 ------- 1529252242027 ------- EffectiveDate 341011241252110081210 1333132482604958812269 ---------- Ord.No.3772816639385859199031418192223 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14) North Hilo District § 25-8-19 SUPP. 15 (1-2024) 25A-75 § 25-8-20 1975 C.C.7.16(a)7.16(b) 1a1a -- FinalZoning MGMG 1010 -- OriginalZoning RSRS ) O ( -- 01:Por. 601:Pors. 6 and 26 -- 99 -- 20 - TMK of ParcelAffected 33 8 - § 25 ZONING MAP No. 7.16 General Location Ookala, North HiloOokala, North Hilo 1972 - 1982 - 14 - 23 - EffectiveDate 117 Ord.No.538807 - Paragraph(1)(2) O§ 25-8-20 25A-76 - § 25-8-21 1975 C.C.7.17 101010 --- 5a - FinalZoning RSRSARS 1515 -- 20a - OriginalZoning RSOARS nole) - 6 008:002 08:11:265:2 ---- 6656 ---- 21 - TMK of ParcelAffected 3333 8 - -- § 25 NG MAP No. 7.17 , North Hilo pae Homesteads, North Hilo ZONI General Location Puualaea, North HiloKihalani, North Hilo 19972008 -- 19951996 -- 2320 -- 2326 -- EffectiveDate 118711 10687160 --- Ord.No.318959608 - Paragraph(1)(2)(3)(4) -§ 25-8-21 25A-77 Puna District § 25-8-22 1 to - 1975 C.C.7.18(a)7.18(b)7.18(c)7.18(d)7.18(e)7.18(f)7.18(g)7.18(h6.18(j) 5a - 151510 a --- 1a10a1a1a15a1a1a, A10a --------- FinalZoning AAARSRSRSAAAAAA 3a20a3a20a20a20a20a20a20a --------- OriginalZoning AAAOOAAOAAAA 112, - 17:Pors. 27:1 - 237, - - 7 7 - 183, - - 98, 103 - 212, 229251 34:13 and 1402:27 and 97,03:Por. 2704:Por. 223:17616:35, 1 01:1705:1801:423416:8986:605:4705:96 -- (Puna District) -------------- 47444668558788 -- -------------- 22 - TMK of ParcelAffected 1111111111204244111 and 43, 111 8 - § 25 a, Puna ZONING MAP No. 7.18 a Reservation Lots,a, Punaa, Punaa, Punaa, Puna au, Punaau, Punaau, Puna General Location Kapoho, Halekamahina, Puua, PunaHalekamahina, PunaKaniahiku Village, Kaniahiku, PunaKaniahiku Village, Kaniahiku, PunaKeaKeaKea 1973 - 19691971197219741974197719841986 -------- 196919791985 -8114-- --- 331191224925924 --------- EffectiveDate 910812112852993 706929 --- Ord.No.2512664185416101349278408848586 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) Puna District § 25-8-22 25A-78 Puna District § 25-8-22 1975 C.C. 3a - 1986) 20 -20, -3a1a - -- 5a1a5a5a1a1a1a5a, A1a 85)123) 19 --------- -- - 92) FinalZoning AAMGAAAAAAA-MLFAFA 20 - 20a20a20a20a20a1a20a20a20a --------- OriginalZoning AOAAOA(Amends Ord. 86(Effective Date 8AOAA(Amends Ord. 92(Effective 11AA 54, - 03:Por. 7303:78 and Por. 73:78, 92 and3:78 and Por. 7)67:Por. 3508:24, 29, and 31141:10 83:2004:9973:205:12146:117:303:1017:303:5 ---------------- 6468476667536766 ---------------- TMK of ParcelAffected 11181111Por. 90 (formerly11111111 au, Punaau, Puna General Location KeaPuua, PunaKeaOlaa, PunaHalekamahina, PunaOlaa, PunaKeaau, PunaOlaa, PunaWaiakahiula, PunaPohoiki and Keahialaka, PunaKeaau, PunaOlaa, PunaKeaau, PunaKeaau, Puna 991 1990119911992 ---- 198619861986199219931995199519971997 --------- 1998 30242720- ---- 1519192218262314142 ---------- EffectiveDate 588111012711648557 41848514511013587123615798656760 -------------- Ord.No.8686869091919292939595979798 - raph Parag(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25)(26) Puna District § 25-8-22 25A-79 Puna District § 25-8-22 1975 C.C. 2020 -- 97)1995) 10a 20 and1a20 -- -2a2a2a2a --- ---- 5a5a5a 65)98) --- 1423 -- -- FinalZoning MCXMGFAFAMCXAMLAAFAMLFAML 1a - 1a1a -- 20 - 20a20a20a20a20a5a20a ------- OriginalZoning MLAO, AO, AAO and A(Amends Ord. 97(Effective date 5AAOAAA(Amends Ord. 95(Effective date 8 03:Por. 503:Por. of 7141:001003:018 and 023141:024152:018003:010 3:9373:1873:2773:317:33:9973:1 -------------- 66446476646666 -------------- TMK of ParcelAffected 11111111111111 au, Punaau, Punaau, Punaau, Punaau, Punaau, Puna General Location Keaau, PunaKeaau, PunaHalekamahina, PunaKapoho, Halekamahina, PunaKeaKapoho and Halekamahina, PunaOlaa, PunaKeaKeaKapoho, PunaKeaKeaKea Kea 5 2003 - 1999200220032004200200920102010 -------- 19981999200120042012 ---16-- - 241612820725181118206 ------------- EffectiveDate 757522101225353 2 6153834123241340212652204332 -------------- Ord.No.9899990102030304040509101012 - raph Parag(27)(28)(29)(30)(31)(32)(33)(34)(35)(36)(37)(38)(39)(40) Puna District § 25-8-22 25A-80 Puna District § 25-8-22 1975 C.C. 2017) 20 20 - - - 65) 29 - - FinalZoning MLMG 20a20a -- OriginalZoning AA(Amends Ord. 17(Effective date 9 152:020141:002141:002 --- 666 --- TMK of ParcelAffected 111 au, Punaau, Punaau, Puna General Location KeaKeaKea 2022 - 20162017 -- 27 - 2329 -- EffectiveDate 5910 4865106 --- Ord.No.161722 - raph Parag(41)(42)(43) Puna District § 25-8-22 SUPP. 13 (1-2023) 25A-81 Volcano-Mt. -8-23 ) 1975 C.C.7.19(a)7.19(b7.19(c)7.19(d) 2012) 10102020101010 - 202010 ------- --- 128) 27 - - Final Zoning RSRSCVRSCVCVCVCVCVCV Ord. 12 1010 20202020102020 -- ------- Repeals OriginalZoning OCVRSCVRSRSRSRSRS((Effective date 9RS - 13:2, 3 and Por. 704:Por. 10 and 1204:Por. 10 and 1202:4804:Por. 604:Por. 144:Por. of 14002:064004:004002:064004:051 ----------- 99989998989 ----------- 23 (Volcano - TMK of ParcelAffected 11111111111 -- 8 - § 25 Puna , Lots, Olaa, Puna ZONING MAP No. 7.19 PunaPuna Summer Lots ,, a, Punaa, Punaaaa General Location Olaa Summer Lots, Olaa, PunaOlaa Summer Lots, Olaa, PunaOlaa SummerOlaa, PunaOlaa, Puna 2 19701995 -- 19731974197719952012 ----- 200320202021202 2625---- -- 27181123427638 --------- EffectiveDate 1066781029453 10112406128213122 ------- Ord.No.3475914029295950312202122 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) Volcano--8-23 SUPP. 12 (7-2022) 25A-82 -8-24 3) - 1 to g - 1974 - 1972 - 191 -- 1975 C.C.7.20(a) Repealedby Ord. 14,27.20(b) RepealsOrd. 486,87.20(c)7.20(d)7.20(e)7.20(f)7.20(g7.20(h) 101010 20 2020 --- - -- 1a5a1a,20a1a3a5a ------- FinalZoning CNRSACNCNAAARSAAACV 10 202020 - --- 5a10a20a,1a5a20a5a20a5a --------- OriginalZoning RSCNARSRSAAAAAAAA 17:Pors. 27:1 - - 7 7 - - 19:Por. 1219:Por. 1201:Por. 2119:Por. 2501:Por. 2508:Por. 316:35, 11:Por. of 11 01:5606:1302:713:8 -- ------------ 777777777777 ------------ 24 - TMK of ParcelAffected 1111111111 and 43, 1111 8 - § 25 ZONING MAP No. 7.20 General Location Olaa, PunaOlaa, PunaOlaa, PunaOlaa, PunaOlaa, PunaOlaa, PunaOlaa, PunaOlaa, PunaKeaau, PunaOlaa, PunaOlaa, PunaOlaa, Puna 1982 - 197419751978198019831984198719982003 --------- 19721976 -8-6157 ---- 11932821252324 -------- EffectiveDate 8212391012694129 7044125132 ---- Ord.No.4861417619338263583389284879803 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) -8-24 25A-83 -8-24 1975 C.C. 15 - FinalZoning RS 20 - OriginalZoning RS 016:028 - 7 - TMK of ParcelAffected 1 au, Puna General Location Kea 09 - 2 - EffectiveDate 9 94 - Ord.No.09 - Paragraph(13) -8-24 25A-84 Keaau § 25-8-25 1975 C.C.7.21(a)7.21(b)7.21(c) 10,1010 1010101010 --- ----- FinalZoning RSRSRSRSCVRSCVCV 2020 151515,10,1510 -- ------ 20a - OriginalZoning RSRSRSAMLRSMLRSRS ) au 03:Por. 11 - 6 - (Kea -- 144:42144:Por. 1143:19, 20 and02:2, 3, 4, 6, 7, 24143:38002:082 03:61 ------- 6666666 ------- 25 - TMK of ParcelAffected 1111Por. 221and 84, 111 8 - § 25 ZONING MAP No. 7.21 Puna au, Punaau,au, Punaau, Punaau, Punaau, Punaau, Puna General Location KeaKeaKeaKeaKeaKeaKea 1969 - 197419771985198919982022 ------ 15 - 182222232503 ------ EffectiveDate 10665238 41322888 ---- Ord.No.2683928685899822 - Paragraph(1)(2)(3)(4)(5)(6)(7) Keaau § 25-8-25 SUPP. 13 (1-2023) 25A-85 § 25-8-26 2) y - B 1 to d 1976 - - 578,494, 19801972 14-- - 31 -- 1975 C.C.7.22(a)7.22(b) Repealedby Ord. 226,107.22(c)Am. Ord.67.22(d7.22(e)7.22(f)7.22(b) RepealsOrd.87.22(g)7.22(h)7.22(i) 2 - 1981) - 10105a10, RM1010101010 10 --------- - 31 - FinalZoning CVCVRACVRSCVCVCVCVCV 1010101010101515 -------- 1a1a -- OriginalZoning RSRSARSARSRSRSRSRS(Amends Ord. 706)(Effective Date 8 ) -- 11:22 and 23115:1402:Por. 2 11:1407:311:1511:1411:1213:2513:3513:35 ----------- 55555555555 ----------- 26 - TMK of ParcelAffected 11111111111 8 - § 25 ZONING MAP No. 7.22 General Location Kaniahiku Homesteads,Kaniahiku, PunaWaiakahiula, PunaKeonepoko, Homesteads, Keonepoko,Iki, PunaWaiakahiula, PunaWaiakahiula, PunaWaiakahiula, Puna 19681976 -- 1973197519751980198119811986 ------- 19721976 16--14 -- 1271129921103122 --------- EffectiveDate 1086379104287 81 - Ord.No.1594945909413222222655666870686 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) § 25-8-26 25A-86 § 25-8-26 1975 C.C. 20 00) - 1986)1991)- 92) -- 202020 10101010201010 - ---03) ------- 2 24- - 107)116)128)70)111) - 26 159 ----- - -- FinalZoning CVCNCNCVCNCVMCXCVCVCVCV 92 1510151510 ----- 1a1a1a1a1a1a ------ OriginalZoning RS(Amends Ord. 86(Effective Date 9RSARSAAA(Amends Ord. 91(Effective Date 12(Amends Ord. 00(Effective date 11(Amends Ord. (Effective date 6(Amends Ord. 03(Effective date 7AARSRS :061 - 13:26, 27 and13:26, 27 and03:Por. 3714:7, 8 and7:Por. 21014:007007:020007:006, 069,014:005011:008 and 011:009 07:206:237:8007:2007:20007 ----------------- 55555555555555555 ----------------- TMK of ParcelAffected 1Por. 441Por. 44111Por. 2311111111& 0701111 steads, Puna una Iki, PunaIki, Puna -- General Location Waiakahiula, PunaWaiakahiula, PWaiakahiula, PunaKeonepoko, PunaKeonepoko, PunaWaiakahiula, PunaKeonepokoKeonepoko, PunaKeonepoko, PunaKeonepoko, PunaKeonepokoKeonepoko Homestead Lots, Puna 19871987200020092013 ----- 198619911992199819992000201020142016 --------- 20032015 283027124-30713- --------- 261518912918 ------- EffectiveDate 9101112612117117121012518 107109117116701281257712811116888123540181 ---------------- Ord.No.86878791929899000003091013141516 - Paragraph(12)(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25)(26)(27) -8-26 SUPP. 1 (1-2017) 25A-87 § 25-8-26 1975 C.C. 1020 -- FinalZoning CVCV 1010 -- oning OriginalZ RSRS (portion) 3:037 0 002:027 and114:020 0 --- 555 --- TMK of ParcelAffected 111 General Location Waiakahiula, PunaWaiakahiula, Puna 20172022 -- 2023 -- EffectiveDate 13 627 -- Ord.No.1722 - Paragraph(28)(29) -8-26 SUPP. 12 (7-2022) 25A-87.1 This page intentionally left blank. SUPP. 2 (7-2017) 25A-87.2 Kalapana--8-27 Kalapana-§ 25-8-27 1975 C.C.7.23(a)7.23(b) 20 - 1.5 - FinalZoning VRS .5a.5a -- ) OriginalZoning RARA - 04:9204:39 -- 22 (Kalapana -- 27 - TMK of ParcelAffected 11 -- 8 - § 25 NG MAP No. 7.23 ZONI Puna Makena Homesteads, - aimu General Location KKaimu,Kaimu, Puna 1975 - 1981 - 25 - 10 - EffectiveDate 114 Ord.No.171685 - Paragraph(1)(2) 25A-88 Ka District § 25-8-28 6) 3) - - 1 to c 1 to f - - .24(e) 1975 C.C.7.24(a)7.24(b)7.24(c7.24(d)77.24(f7.24(g)7.24(h)7.24(i)7.24(j) , 2.5 7.5, 10,10, - - -- 5a - 2 - 2, CV2, RM3, CV 20, RS -2015-- --- 5a3a1.51.55a1.55a10a, A1.5, O --------- FinalZoning AARSRMVVAO, RMRSVRSAARMRMV 2, 1.5, - - 7.5, - 2, O 10, CV 20, RM - - - 20a20a20a, O20a20a20a20a20a -------- OriginalZoning AAAOARMOOAAAO, RSRSCVA 26, 33 District) 2:8, 37, 01 - - 6 6 - - 26 (Ka 19:Por. 15, 25 and 19:Por. 1103:Por. 3903:Por. 1619:11, 15, 03:1912:1119, 91905:1701:108:4 ------------ -- 455545566465 ------------ 28 - TMK of ParcelAffected 999999999999and 35, 938, 41 and 45 8 - u § 25 u u u u u ZONING MAP No. 7.24 uu uu u u Keaa Homesteads, Ka - u, Kau, Ka lu General Location KiolakaaKaunamano Homesteads, KaNinole, Wailau, and Punaluu, KaNinole and Wailau, KaWaiomao Homesteads, Waiomao andNinole, KaPunaluPunaKiolakaa, KaWood Valley Homesteads, KaNinole, Wailau and Punaluu, KaKeauhou, Ka 1973 - 19681972197219731983198319831988 -------- 196919751985 6-128-- --- 320222232323817 --------- EffectiveDate 119112111533348 24121 2-- Ord.No.163254435405506131088568588608588 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12) KaDistrict § 25-8-28 25A-89 Ka District § 25-8-28 Ka-8-28 1975 C.C. ) 3a - 1994)2004 -- 40 15 - 38 - 3a5a- 98)120) 1 -- -- - FinalZoning RSAAAgriculturalProject DistrictMCXCV 11 1a, O20a20a20a1a1a ------ OriginalZoning AAAA(Amends Ord. 94(Effective Date 9AA(Amends Ord. 04(Effective Date 6:4 - 6 - 006:004 - 6 06:Por. 85:18 and 9006: Por. 008082:002093:039, 040, 041,005:018 03:153:58 - -------- 94469226 -------- TMK of ParcelAffected 9999999& 0429& 9 u Ka au au uuu P General Location Keauhou, KaKiolakaa, KaKiolakaa, KaPalima and Paauau, KaKeauhou, Ka 07 - 19941995200411142022 ------ 1998 -826 -- 13212231215 ------ EffectiveDate 9371112296 3 985068120181110865 -------- Ord.No.9495980407111422 - Paragraph(13)(14)(15)(16)(17)(18)(19)(20) SUPP. 12 (7-2022) 25A-90 § 25-8-29 1975 C.C. FinalZoning OriginalZoning Village) d -- 29 - TMK of ParcelAffecte 8 - § 25 ZONING MAP No. 7.25 General Location EffectiveDate Ord.No. - Paragraph Village § 25-8-29 25A-91 lehu § 25-8-30 1 to - 2) - 1975 C.C.7.26(aa7.26(b) 1990)1990) -- 2020 3 ing -- 107.57.57.57.510 131)129) 7.5- ------ -- - FinalZon RSRMCVCVCVCVCVCV 15,10157.57.5157.515 -------- 20a - OriginalZoning RSARSRSRSRS(Amends Ord. 90(Effective Date 10(Amends Ord. 90(Effective Date 10RSRSRS ) -- 21:Por. 1508:Por. 1024:008025:033 22:124:7724:7624:7624:7721:24 ---------- 5555555555 ---------- 30 TMK of ParcelAffected 9999999999 - 8 - § 25 uuuu uu ZONING MAP No. 7.26 u u General Location Kahilipali Nui, KaKahilipali Nui, Ka 197519901990 --- 1973199019921992199620072012 --0----- 22220 --- 14131818102523 ------- EffectiveDate 2122101022561 11129131141555987 -------- Ord.No.5551799090909292960712 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10) § 25-8-30 25A-92 Waihinu § 25-8-31 1975 C.C.7.27(a)7.27(b) 10 20 - - 1.5 - FinalZoning VCVCN 1515 -- 1.5 - OriginalZoning RSVRS ) (Wai -- 01:25, 33 and 4401:Por. 25, 30 and 01:29 --- shall be Village 555 --- 31 - TMK of ParcelAffected 9944Commercial9 8 - § 25 ZONING MAP No. 7.27 uuu Ka General Location Waiohinu, KaWaiohinu, Waiohinu, Ka 1981 - 19711989 -- 11 - 3010 -- EffectiveDate 3127 100 - Ord.No.38474789 - Paragraph(1)(2)(3) Wai§ 25-8-31 25A-93 South Hilo District § 25-8-32 2) 4) - 2) - - 1 to d 1)1 to c 1 to f 1974 - -- - - 1974 14- - 9 1- 1975 C.C.7.28(a)7.28(b)7.28(cRepealed by Ord. 71,17.28(cRepeals Ord. 47,77.28(d7.28(e)7.28(f 10 - 10,10,7.5 --- 2a - 1982) 3.5, 03.5, O - 10, RS 10, CV10, CV7.5, CN 10--10 - ----- 5a5a3a, A 22 --- - Final Zoning ARSRSRMRSRMRSACVARS 20a - 10 10, - - 10a20a20a20a20a, O10a5a ------- OriginalZoning AAAAAARSCVA(Amends Ord. 792)(Effective Date 6O, A 07:Por. 307:Por. 3 and 607:Por. 3 and 607:Por. 3 and 607:66 and 99,23:17:66 and 69,23:108:17, 26, 27,29:14, 15 5:1410:4606:13 ------------- 7888868887866 ------------- 32 - TMK of ParcelAffected 22222222222229, 36, 39, Pors. 28,31, 32, 33, 34, 37, 38;2 (South Hilo District) 8 -- - § 25 ZONING MAP No. 7.28 General Location Kaieie Homesteads, Kaieie, South HiloPepeekeo and Makahanaloa, South HiloPepeekeo and Makahanaloa, South HiloPepeekeo and Makahanaloa, South HiloPepeekeo and Makahanaloa, South HiloSouth HiloPepeekeo and Makahanaloa, South HiloKulaimano Homesteads, South HiloPepeekeo and Makahanaloa, South HiloPuueo, South Hilo 1974 - 19721977198219891991 ----- 1974197419781996 2--14-2- --- 5930622212 ------- EffectiveDate 1147113463125 4611748 --- Ord.No.531234771256339792899196 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10) South Hilo District § 25-8-32 25A-94 South Hilo District § 25-8-32 1975 C.C. 10 and 1996) -15 - - 10a20a80a 2 48) --- - - FinalZoning ARMAARS 1 - 20a20a and3a --- OriginalZoning A(Repeals Ord. 96(Effective Date 5ARMUnzonedA 4:87 - 9 - 60; 2 34, 37, 38; — 08:17, 26, 27, 29,29: 14, 158:Por. of 22 and9:Por. of 8039:025 52 8:33 ------- 91 9666644 ------- TMK of ParcelAffected 2—236, 39, Pors. 28, 31,32, 33,22222 General Location Hakalau Nui, South HiloPuueo, South HiloKalalau, South HiloAinaola, South Hilo 00 199720200520062022 ----- 4 - 20181724 ---- EffectiveDate 276210 147810527100 ----- Ord.No.9700050622 - Paragraph(11)(12)(13)(14)(15) South Hilo District § 25-8-32 SUPP. 13 (1-2023) 25A-95 City of Hilo § 25-8-33 1975 C.C.7.29(a)7.29(c)7.29(b)7.29(d)None Found7.29(f)7.29(g)7.29(h)7.29(i)7.29(j)7.29(l) 41 2020 10 7.57.5 -15157.5- -- - -- --- 1a - FinalZoning CNMLACGCGRMRSRSRSMLRM 20 2020, 3.753.75 7.5 - ---- - 3a3a1a1a ---- OriginalZoning MLOACOCORDRSAAAORD 08:20 - 4 - 2:Por. 24 (City of Hilo) 32:11 and 2023:21 and 2701:31, 236:Por. 18, 34621:4003:2303:3737:635:6928:17 -- ------------ 224224443322 ------------ 33 - TMK of ParcelAffected 222222222222 8 - § 25 o ZONING MAP No. 7.29 General Location Kukuau 1st, South HiloHiloHiloHilo 1969196919691972 ---- 197019701972197219721972 ------ 1972 222615-214 ----- 27122427181 ------ EffectiveDate 1011122546781111 Ord.No.269276288302314466480482487533536 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) City of Hilo § 25-8-33 25A-96 City of Hilo § 25-8-33 - 12 - 19731978 -- 1912 -- 1975 C.C.7.29(k)7.29(m)7.29(n)7.29(o)7.29(p) Am. byOrd. 617,127.29(p)7.29(r)7.29(s)7.29(t)Ord. 90, 21975; Am. byOrd. 402,12 1973) 2 20- 10 151510 - - - --- 1a1a1a 30 --- - FinalZoning MLRMRSACNARSRSA 7.57.5 -- 1a20a3a1a1a10a ------ OriginalZoning URSAARS(Amends Ord. 604)(Effective Date 8AAAA 12:Por. 1 and 315:3 and 4922:1 and 203:38, 40 and 53 44:202:1334:6503:1704:3003:13 ---------- 1345344544 ---------- TMK of ParcelAffected 2222222222 o lo General Location Piihonua, South HilPunahoa 2nd, South HiloKaumana, South Hilo 19721973 -- 19721973197319731974197419741974 -------- 14819 --- 22273019191818 ------- EffectiveDate 1112168122236 Ord.No.53954655159260461715162141 - Paragraph(12)(13)(14)(15)(16)(17)(18)(19)(20)(21) City of Hilo § 25-8-33 25A-97 City of Hilo § 25-8-33 1 to1 to -- 3)3) -- 1975 C.C.7.29(vv7.29(xx7.29(y)7.29(z)7.297.29(bb)7.29(cc)7.29(dd)7.29(ee)7.29(ff)7.29(gg)7.29(hh) 4 - 10, RM151015151015151010 ---------- 1a10a3a --- FinalZoning RSRSRSARSRSAARSRSRSRSRS 1a,1a 20 -- - 20a3a3a3a3a20a3a3a20a3a ---------- Original Zoning AAMGMLAAAMGAAOAAA 22 - 1 - 103 and 104 46:Por. 137:612:52, 231:Por. 137:1013:47:1003:1841:Por. 137:951:303:5 38:3 and 4 ------------ - 541441544454 ------------ TMK of ParcelAffected 222and 24,22422222222 , 2nd series, General Location Kukuau 2nd, South HiloKukuau 2nd, South HiloSouth Hilo 1974197419741974 ---- 19741974197419751975197519751975 ctive -------- 1975 16261227- ---- 18302012111121629 --------- EffeDate 68910111212233567 No. Ord. 42546063758185919596107121135 - Paragraph(22)(23)(24)(25)(26)(27)(28)(29)(30)(31)(32)(33)(34) City of Hilo § 25-8-33 25A-98 City of Hilo § 25-8-33 2) - 1 to 1 to rr - - 1976 - 7) - 13 - 1975 C.C.7.29(ii)7.29(jj)7.29(kk)7.29(ll)7.29(mm)7.29(nn)7.29(oo)7.29(pp)7.29(qq)7.29(rr7.29(ssssRepealed byOrd. 218,87.29(tt) Foot - 4 7.57.57.57.5 151510107.5,- ---- ----- 1a1a -- FinalZoning ACGRSCGRSCGRSCGRSRSRMA 4, - Way Collector Street - of - 3.7520203.75 10, RM 15 ---- -- 3a3a3a1a, O20a3a ------ OriginalZoning ADeleting the Proposed 60RightRDACOACORSRDARSAA 31:Por. 139:36, 44, 52, 53,60:07 and 0903:Por. 4843:Por. 10,46:Por. 1 and 303:Por. 16 54:4237:713:2013:2527:154:4108:15 -------------- 42224343523454 -------------- TMK of ParcelAffected 2260, 88, 106, 107, 108,110 and 111,222222222222 South Hilo General Location South HiloPiihonua, South HiloPiihonua, South HiloKukuau 1st and Kukuau 2nd, South HiloKukuau 2nd, South Hilo 197519751975 --- 197519751975197619761976197619761976 --------- 111531258 ------ 171719191426 ------ EffectiveDate 101010101112224455 Ord.No.149150155165172177187188199201204207 - Paragraph(35)(36)(37)(38)(39)(40)(41)(42)(43)(44)(45)(46) City of Hilo § 25-8-33 25A-99 City of Hilo § 25-8-33 1976 - 1 to 1 to - - 14 - 2) 7) - - 1975 C.C.7.29(uuuu7.29(ssssRepeals Ord.204, 57.29(vv)7.29(xx)7.29(yy)7.29(zz)7.29(aaa)7.297.29(ccc)7.29(ddd)7.29(fff) - of - 20 44 20 - -7.5,-7.510102010 - ------ 10a - FinalZoning RMRSRMRSCORSRSMGRSARS Way - Foot Right - of 4, - - 1a - .75 41 10, RM- 7.5, A-- -- 20a1a1aS3a20a3a ------- OriginalZoning RSRSARMRMDeleting from the City of HiloCirculation Pattern, theProposed 60Way and addingARelative to proposed KupulauRoad RightAVAAA 22:60, 61, 62 - 1 - 46:Por. 1 and 301:31 and14:14 and 2220:10, 11, 12, 13,44:1 and 7746:Por. 1707:3 and 737:11 and 1202:Por. 9 35:1603:36 ------ ----- 354314421454 ------------ TMK of ParcelAffected 222Por. 1642238, 39, 47, 48, 49 and68, 2and 802222222 lo General Location 2nd, South HiloKukuau 2nd, South HiloKukuau 1st, South HiPiihonua, South Hilo 19761976 -- 197619761976197619771977197719771978 ctive --------- 1977 27279- --- 26132030301822930 --------- EffeDate 589101011335686 No. Ord. 208218224228229231254255272287296366 - Paragraph(47)(48)(49)(50)(51)(52)(53)(54)(55)(56)(57)(58) City of Hilo § 25-8-33 25A-100 City of Hilo § 25-8-33 1 to 1 to - - 3) 2) - - 1975 C.C.7.29(eee)7.29(ggg)7.29(hhh)7.29(iii)7.29(jjj)7.29(kkkkkk7.29(lll)7.29(mmm)7.29(nnn)7.29(ooo)7.29(ppp)7.29(qqqqqq7.29(rrr)7.29(sss) 1a 4 2020 10 20 - 1015-101510 -- - - ----- 3a - FinalZoning RSORSMLRM--RSMGRSMLACNCORS 10 - .75 3.75 -15, RS 7.510101510 - ------ 1aS3a10a3a ----- OriginalZoning ARSORSRS--RSVARSARSRDA 09:28 - 4 - 42:58, 59 and20:Por. 2 and 719:Por. 2758:33 and 3438:17 and 2040:36, 2 37:4838:1207:1037:2635:624:1138:14 ------------- 4342241424224 ------------- TMK of ParcelAffected 2Por. 782222--22222222 General Location Honohononui, South Hilo 19781978 -- 1978197819791979197919791979197919791979 ---------- 19781979 -2121- -- 3071791524243118162424 ------------ EffectiveDate 6771111234456799 69 Ord.No.3372375397398409418432433439442453470471 - Paragraph(59)(60)(61)(62)(63)(64)(65)(66)(67)(68)(69)(70)(71)(72) City of Hilo § 25-8-33 25A-101 City of Hilo § 25-8-33 1980 - 3 - 1980 - 24 - 1975 C.C.7.29(ttt)7.29(uuu)Am. by Ord.577, 67.29(vvv)7.29(xxx)7.29(xxx)7.29(zzz) Am.by Ord. 593,67.29(aaaa)7.29(bbbb)7.29(cccc)7.29(dddd)7.29(eeee)7.29(ffff) 20207.57.52020 1010201010 ------ ----- 3a - FinalZoning RSCGCGCGRSARSCGCGCORSRSCG 5 20 3.753.7203.7520 10 - ----- - 3a3a3a1a3a ----- OriginalZoning ARSMLRDAOARDCORDAACO 47: - 2 - 38:1 and 247:6, 203:Por. 4637:13, 14, 1514:1 and 33 18:3722:1538:643:717:723:2224:2343:69 ------------- 4222454222443 ------------- TMK of ParcelAffected 222Por. 01222222222and 222 South Hilo South Hilo General Location Kaumana and Kukuau 2nd, South HiloPiihonua, 1979 - 197919791979198019801980198019801980198019801980 ------------ 313 -- 2424121212121224262626 ----------- EffectiveDate 991012222256666 Ord.No.472474476497524525529532564592595597598 - Paragraph(73)(74)(75)(76)(77)(78)(79)(80)(81)(82)(83)(84)(85) City of Hilo § 25-8-33 25A-102 City of Hilo § 25-8-33 1975 C.C.7.29(gggg)7.29(hhhh)7.29(iiii)7.29(jjjj)7.29(kkkk)7.29(llll)7.29(mmmm)7.29(nnnn)7.29(oooo)7.29(pppp) 7.29(qqqq)7.29(rrrr) 47 20 1010 207.520 1010--1010 - -- --- ---- FinalZoning RSRSCOCNRMRMCGRSCOCN7.29(aaa)MLRS .75 11 - -7.5101015-101015 ------- 3a3aS --- OriginalZoning AARMRSRSRSVRSRMRSAmends Metesand BoundsDescriptionRSRS 03:Por. 430:Por. 306:Por. 6141:Por. 7546:Por. 17 and 4937:130 and 13411:166 68:2417:1324:1125:3138:2912:52 ------------- 4433222532224 ------------- TMK of ParcelAffected 2222222222222 South Hilo General Location Piihonua, South Hilo 198119811981 --- 198019801980198019811981198119811981 --------- 1981 6613-44171717 --------- 1381021 ---- EffectiveDate 1010121215891111111111 Ord.No.636637653654663689701716722723731732733 - Paragraph(86)(87)(88)(89)(90)(91)(92)(93)(94)(95)(96)(97)(98) City of Hilo § 25-8-33 25A-103 City of Hilo § 25-8-33 1 - 3) - 1975 C.C.7.29(ssss)7.29(tttt)7.29(uuuu)7.29(vvvv)7.29(xxxx)7.29(yyyy)7.29(zzzz)7.29(aaaaa)7.29(bbbbbto bbbbb7.29(ccccc)7.29(ddddd) 10101010 ---- 20 2020 SSSS - -- ---- 5a3a -- FinalZoning MLACGARSRSRSOORSCO .75.75.75.75.75.75.75.75 -------- 1010 -- SS10aSSSSSS --------- OriginalZoning VVRSAVVVVVVRSSubsection - 41,of -- 07:817:24, -35, 52,- Haihai - 11 -- – 06:21, 213:Por. 146,15:Por. 3,4, Por. 618:33, 34 and 3915:2, 29, 3117:23, 2518:27, 28 and 3517:19, 21, 22, 51,19:10 and 1519:14, 2 02:2817:2023:7 ------------- 1112511111112 ------------- TMK of ParcelAffected 2and 922and Por. 7 shall beagricultural222Por. 42, 43, 44, 46,47, 49, 50, 52, 53and 54256, 61, 62 and 632258 and 592222Proposed RightStreet to AinaolaDrive a, South Hilo General Location Honohononui, South HiloKaumana, South HiloHonohononui, South Hilo 19811981 -- 198219821982 --- 1982198219821982198219821982 2525------- -- 2219555555522 ---------- EffectiveDate 11112355555556 34 Ord.No.7735759772781782783784785786787793 - Paragraph(99)(100)(101)(102)(103)(104)(105)(106)(107)(108)(109)(110) City of Hilo § 25-8-33 25A-104 City of Hilo § 25-8-33 1 - 2) - 1975 C.C.7.29(eeeee)7.29(fffff)7.29(ggggg)7.29(hhhhhto hhhhh7.29(iiiii)7.29(jjjjj)7.29(kkkkk)7.29(lllll)7.29(mmmmm)7.29(nnnnn)7.29(ooooo) 2020 20 2020, O20 1010107.57.51010 -- - --- ------- 3a2a -- FinalZoning RSCNCOCGCOMLRSRSRSMLRSRSARSA 1a 1 20 - -1010151515 - ----- 1a1a1a1a3a10a5a ------S- OriginalZoning AARMMLRSRSRSRSAMGAAARA realignment of 44:17 and 1835:64 and 10737:13, 14, 1506:131 27:712:147:624:1310:4939:3808:1839:3948:1429:11 -------------- 33322243134445 -------------- TMK of ParcelAffected 2222222and 2222and 22222 Hilo General Location Kukuau 1st, South Hilo 1982198319831983 ---- 19821982198219831983198319831983198319831983 ----------- 21262912 ---- 2424241023231826212123 ----------- EffectiveDate 8881223344668101112 9 0364753 ---- Ord.No.81381481683884285786487287389089183838383 - Paragraph(111)(112)(113)(114)(115)(116)(117)(118)(119)(120)(121)(122)(123)(124)(125) City of Hilo § 25-8-33 25A-105 City of Hilo § 25-8-33 1975 C.C. 20202020 40 207.57.57.57.520 10107.5 ---- - ------ --- 3a - FinalZoning CORSRSCGCGCGCNCGCOMLMLMLMLARS 1 10 20203.753.75 101515-10101010 - ---- ------- 1a5a -- OriginalZoning RSRSRSCOCORDARDRMRSRSRSRSACN 17:25, 26 and 4737:Por. 116:40 and 4150:3 and Por. 235:62 and 10850:Por. 206:Por. 30 24:1261:110:3323:0124:1118:1335:3024:11 --------------- 244222323222253 --------------- TMK of ParcelAffected 222222222222222 General Location Piihonua, South Hilo 198319831984 --- 198419841984198419841984198519851985 --------- 198519851985 121920--- --- 101010101025825253320 ------------ EffectiveDate 121222222611222446 2 5560367811307801012192049 --------------- Ord.No.838384848484848484858585858585 - Paragraph(126)(127)(128)(129)(130)(131)(132)(133)(134)(135)(136)(137)(138)(139)(140) City of Hilo § 25-8-33 25A-106 City of Hilo § 25-8-33 1975 C.C. 1983)1981) -- 4 1010 107.5 20207.520 101010107.5- -- -- ---- 1217 ----- -- 55) - FinalZoning RSRSCORSMLCGCGRSCNCNRSCOMLRM 17 20 151010-1510101010- - -------- 20a3a -- OriginalZoning ARSRSARSCORM(Repeals Ord. 83(Effective Date 12RSRS(Amends Ord. 731)(Effective Date 11RSRSRSORM 21:7 and 46 51:540:103:3349:2724:1312:1824:1219:626:346:1734:9834:3421:1435:7238:29 ---------------- 5524223242222222 ---------------- TMK of ParcelAffected 2222222222222222 General Location Kukuau 2nd, South Hilo 19851986198619861986 ----- 19851986198619861986198619861987 -------- 198519871987 -22925252323-- ------ 92513241515191211 ---------- EffectiveDate 9910225581011111212244 94 70778301142438811412712814114203233 ---------------- Ord.No.85858586868686868686868686878787 - Paragraph(141)(142)(143)(144)(145)(146)(147)(148)(149)(150)(151)(152)(153)(154)(155)(156) City of Hilo § 25-8-33 25A-107 City of Hilo § 25-8-33 1975 C.C. 1985) - 1974) 201a10- 10 20 1987) 101010 --- - - 22- --- 1a1a- 83)32) 118 -- -- -- FinalZoning RSMLAACGCNMLRSCDHML RS 20, 1 - - 4 - Way - of 7.5, - - 1a 7.5, CGS20, RM - 10101510 --- ---- 3a3a20a1a, RM3a ----- OriginalZoning ARSAARSAMGRS(Amends Ord. 85(Effective Date 10CGCGCORS(Amends Ord. 87(Effective Date 4(Amends Ord. 21)(Effective Date 3RightA 35:Por. 1621:7 and 461 through 1437:5 and 6 39:737:2734:1702:2222:1312:2614:835:9935:7264:40 -------------- 42452314232244 -------------- TMK of ParcelAffected 2222222222222--2 General Location Kaumana, South HiloSouth HiloPiihonua, South Hilo 1987198719871987 ---- 198819881988198819881988198819881988 --------- 19871988 -28282830-7 ----- 118161616303030306 ---------- EffectiveDate 41010101112226666911 3 34110111112119012131586959798131162 --------------- Ord.No.878787878788888888888888888888 - Paragraph(157)(158)(159)(160)(161)(162)(163)(164)(165)(166)(167)(168)(169)(170)(171) City of Hilo § 25-8-33 25A-108 City of Hilo § 25-8-33 1975 C.C. 1981) - 2010 10 2020101020 157.5101010 -- - ----- 17 ----- 3a- - FinalZoning RSACOCOCNMLRSCGRSMLRSCGCORS 1, O -1010101010151015101015 ----------- 10a1a -- OriginalZoning ARMRSRSRSRSA(Amends Ord. 733)(Effective Date 11RSRSRSRSRSRSRS 65:Por. 28:10 and Por. 2511:16611:176 22:3921:2626:2035:6139:4028:2916:4649:2809:2324:1522:23 --------------- 462222342424224 --------------- TMK of ParcelAffected 222222222222222 General Location Puueo, South Hilo 19881988198919891989 ----- 1988198819891989198919891989198919901990 ---------- 772525242422 ------- 2323212126111227 -------- EffectiveDate 1111111122334911111247 16316516917633344344501241441451613894 --------------- Ord.No.888888888989898989898989899090 - Paragraph(172)(173)(174)(175)(176)(177)(178)(179)(180)(181)(182)(183)(184)(185)(186) City of Hilo § 25-8-33 25A-109 City of Hilo § 25-8-33 1975 C.C. 1982)1982)1989)1989) 20--10-10- 207.520 10101010 --- --- ---- 1a 43)124) 19192111 - -- ---- FinalZoning MLCGRSMLCGRSCGRSAMLRS 20 101015101010 - ------ 3a3a1a --- OriginalZoning RS(Amends Ord. 525)(Effective Date 3(Amends Ord. 722)(Effective Date 3RSRSRSCO(Amends Ord. 89(Effective Date 3ARSAORS(Amends Ord. 89(Effective Date 9A 37:32 and 15203:Por. 2124:14, 1637:Por. 1608:Por. 26 43:702:2821:3121:5835:3123:1839:4050:7216:4649:53 --------------- 255242234244243 --------------- TMK of ParcelAffected 222222222222222 General Location Kaumana and Kukuau 2nd, South HiloKaumana, South HiloKukuau 1st, South Hilo 1990 - 199019901991199119911991199219921992199219921992 ------------ 19911992 27-2- -- 141422227242211272722222 ------------- EffectiveDate 89122257121355779 101108163161738701217265152838697 --------------- Ord.No.909090919191919192929292929292 - ) Paragraph(187)(188)(189)(190)(191)(192)(193)(194)(195)(196)(197)(198)(199)(200)(201 City of Hilo § 25-8-33 25A-110 City of Hilo § 25-8-33 1975 C.C. 1987) - 1990) 1a 1.5 2010-10 20 1a 1985)1985)- 15-10 --- - - --28 -- 3a- 19)2)111)94) 3827 - ---- --- - FinalZoning MLCGMLRSARMRSRAMGML of - 10a, - .7520 10101010 -- ---- 53a10a3a20a, A3a ------ OriginalZoning VRSRSA(Amends Ord. 85(Effective Date 4(Amends Ord. 85(Effective Date 2A(Amends Ord. 87(Effective Date 10RSAAADeleting portion of proposedKukuau rightstreetML(Amends Ord. 90(Effective Date 7RS 33:11, 12, 19,03:Por. 2850:Por. 250:3 and Por. 208:Pors. 14 and25:14, 81, and 9011:176 21:1050:648:934:1726:139:807:950:8 --------------- 222422242444142 --------------- TMK of ParcelAffected 2and 202222222222262222 General Location Kukuau 1st, South HiloKukuau 1st, South Hil 199219921992199219921992 ------ 19931993199319931993199319931993 -------- 1993 202020272727-8 ------- 242121212310225 -------- EffectiveDate 1111111111112444466810 1221241251311321331628293036486270100 --------------- Ord.No.929292929292939393939393939393 - ) )))))))))))))) Paragraph(202(203(204(205(206(207(208(209(210(211(212(213(214(215(216 City of Hilo § 25-8-33 25A-111 City of Hilo § 25-8-33 1975 C.C. - - of - of - 20 10 201020 2a 1010 - - --- - -- 3a1a3a --- FinalZoning CGRSRSAMLCGCGCNAARA 1a - 3a - 20 15151010107.5, A - ------ 10a10a, A10a3a ---- OriginalZoning CORSRSARSRSRSDeleting a portion of theProposed Kukuau rightKapiolani and Kukuau StreetRSAAADeleting a portion of theproposed Wailoa rightAvenue 20:16 - 2 - 21:7 and 4611:16950:41 and 4248:Por. 1319:2, 3, 4, 6, 7, 8, 19:7548:824:822:115:13235:1648:1238:7 ------------- 2442222432242 ------------- TMK of ParcelAffected 222222222222244, 61, 62, 63, 76, 79, 81 and 82, 2 General Location Kukuau 1st, South HiloPunahoa 1st and 2nd, South Hilo 1993199419941994199419941995199519951995 ---------- 199419941995 8--- - 262626262688726262611 ------------ EffectiveDate 10111116634447 23456 1010000061623355566185 ------------- Ord.No.93949494949494949595959595 - ))))))))))))) Paragraph(217(218(219(220(221(222(223(224(225(226(227(228(229 City of Hilo § 25-8-33 25A-112 City of Hilo § 25-8-33 1975 C.C. 1040107.510 1020 107.5,10107.5 ----- -- ----- 1a3a -- FinalZoning ARSRSCNARSRSCGRSCNCNCNCNCG 20a - 151010101010 ------ 10a10a3a3a20a,1a1a ------- OriginalZoning ARSO, AAAARS(Amends Ord. 218)AAARSRSRSRS 08:17, 26, 27,29:14, 1503:por. 446:Por. 146:Por. 146:Por. 739:66, 6744:3, 31, 32, 35, 76:3414:5048:103:7424:138:2623:12 --------------- 446624425552222 --------------- TMK of ParcelAffected 22229, 36, 39, Pors. 28,31, 32, 33, 34, 37, 38;22222222223722 General Location Puueo, South HiloKukuau 2nd, South HiloKukuau 2nd, South HiloKukuau 2nd, South Hilo 1996 - 199519951996199619961996199619961996199619971997 ------------ 1996 -55514 ---- 2328227271526252020 ---------- EffectiveDate 895667791212121112 971164873768184113148150156159413 -------------- Ord.No.9595969696969696969696969797 - ))))))))))))) Paragraph(230(231(232(233(234(235(236(237)(238(239(240(241(242(243 City of Hilo § 25-8-33 25A-113 City of Hilo § 25-8-33 1975 C.C. 2020 -- 201010 10107.5 2010 3a 157.5 --- --- -- - -- FinalZoning RSCGMLCNMCXCNMLFACNRSMLCGMCX 20 3.75 101010101010151010 - - --------- 10a10a -- xtension from circulation OriginalZoning ARSRSRSMLRSRSARSRSRSRDRS(Deletes certain streetepattern) 34:67, 68, 69, 76,32:23, 101, 102,35:59 and 10126:Pors. 2, 13, 8:Pors. 35 and 37 65:0435:4740:737:1635:9148:734:3561:0421:1837:29 --------------- 422222222422236 --------------- TMK of ParcelAffected 2277, 104, 106222104, 10422222222218, 19,25, 34, 41, 43,44, 45, 48, 49 and 50;2 General Location Piihonua and Puueo, South Hilo 1997 - 1997199719971998199819981998199819981998 ---------- 199719971997 ---11 - 33313131224242424242525 ------------- EffectiveDate 777889122277799 91929310510612214713157980819899 -------------- Ord.No.9797979797979798989898989898 - ))))))))))))) Paragraph(244(245(246(247(248(249(250(251(252(253(254)(255(256(257 City of Hilo § 25-8-33 25A-114 City of Hilo § 25-8-33 1975 C.C. 96) - 92) 1020201010 7.510 .5a5a - 1a 10 and O 10 ----- -- -- - -- 14 51)159) - 27 -- - FinalZoning RSCNRSFACNCNCGRACNCGCNRA 151015101010101010 --------- 3a1a3a --- OriginalZoning RSRSRS(Amends Ord. 92(Effective date 5(Amends Ord. 96(Effective date 11ARSRSRSARSRSRSA 31, 33 — — 47,58 and 60:137:Por. 3644:3, 31, 32,48:14 and 9134:85 and 9330:004 29:1323:0911:8725:2420:1135:2534:9520:740:3 --------------- —— 442442222242224 --------------- TMK of ParcelAffected 233492222235, 37222222222 General Location 19981999199919992000 ----- 199819992000200020012001 ------ 199920012001 197-22101024-- ------ 4191323214155 -------- EffectiveDate 10125810121245113469 1051264791116137158316112731345775 -------------- Ord.No.9898999999999900000001010101 - )))))))))))))) 260 Paragraph(258(259((261(262(263(264(265(266(267(268(269(270(271 City of Hilo § 25-8-33 25A-115 City of Hilo § 25-8-33 1975 C.C. 20202020 10 ---- - 20 10 2020201020 -10 - ----- - FinalZoning MCCNRSRCXCGCGMCXCGCGMCXCGMCXMCX Foot Saddle - - of - 2020 10101010101010101010 -- ---------- 1a - OriginalZoning RSRSARSRSRSMLDeleting a portion of theProposed 120Road RightSubdivisionRSRSMLRSRSRS 3, - 62 5 - - 6 - 2, 2 - 5 - 36:123023:02822:00622:00555 and 240:14 and 69 37:2750:7132:951, 221:2535:6124:1235:4650:14 --------------- 223422255222222 --------------- TMK of ParcelAffected 222222222222222 , South Hilo nd General Location Kukuau 2 2001200220022002200220022003 ------- 2002200320032003200320032003 3------- - 1742710101241795559 ------------- EffectiveDate 101234492346667 5 86111542484910304454828384108 -------------- Ord.No.0102020202020203030303030303 - ))))))))))))) Paragraph(272(273(274(275(276(277(278(279(280(281(282(283(284(285) City of Hilo § 25-8-33 25A-116 City of Hilo § 25-8-33 1975 C.C. 202010202020 10 ------ - 93)93)92) --- 1015 91) -- -8 38)100)62)91) - 72218 ---- --- FinalZoning MCXMCXMCXRS MCXMCXMCXRSRCX 40, - 10 3a 7.5 and10 1010101010 - - ------ 3a1a, CN -- OriginalZoning RS(Amends Ord. 91(Effective date 5RS(Amends Ord. 93(Effective date 10OA(Amends Ord. 93(Effective date 6(Amends Ord. 92(Effective date 8ARSRSCNRSRSFARS 49:53 - 3 - 37:1 - 3 - 50:37 and 3844:19, 2 35:3137:4150:835:7338:87:928:2932:9349:2637:3138:1621:30 -------------- 22222412322242 -------------- TMK of ParcelAffected 222222222and 222222 General Location South Hilo 20042004200420042004200420042005200520052005 ----------- 200320032004 ---88 -- 991518626261411111111 ------------ EffectiveDate 7713788912121111 1091105278096971041441501234 -------------- Ord.No.0303040404040404040405050505 - )))))))))))))) Paragraph(286(287(288(289(290(291(292(293(294(295(296(297(298(299 City of Hilo § 25-8-33 25A-117 City of Hilo § 25-8-33 1975 C.C. 20 20 - - 92) 10 and10 20 10202020 1020 - 1972) -10- - ---- -- - - 20a 7) 1 487) - -22 - - - FinalZoning RMACNRSMLRMMCXCNCGCNCGRCXCN 11 10 1015101010101010 -- - -------- 20a and 1a -- OriginalZoning ARM(Amends Ord. 92(Effective date 1RSRSRSRMCNARS(Repeals Ord. 72(Effective Date 8RSRSRSRS 8:Por. 22 and9:Por. 83:Por. 2127:429:2635:9 & 108:Por. 2249:2436:1828:30, 32, 3336:Por. 18 & 37:6034:01234:66, 78 & 7925:1834:13 ---------------- 6642426232332222 ---------------- TMK of ParcelAffected 2222222222222222 , South Hilo General Location Kalalau, South HiloKalalau, South Hilo 2005200520052005 ---- 200520052005200620062006200620062006 --------- 2006 111111215- ----- 17132412121781919 --------- EffectiveDate 6710101012122457899 101110140141142154159284757107114123124 -------------- Ord.No.0505050505050506060606060606 - )))))))))))))) 07 Paragraph(300(301(302(303(304(305(306(3(308(309(310(311(312(313 City of Hilo § 25-8-33 25A-118 City of Hilo § 25-8-33 1975 C.C. 98)81) -- 202020 --- 93) 9819614 20 4020 20 .5a - 3a2a --- - -- - - -- 3 101) - - FinalZoning CG(Amends Ord. MCXMCXRM(Repeals Ord. RMMLRAMCXFACNCNRMFA 20 101010101010 - ------ 3a10a1a1a3a ----- OriginalZoning RSRSRSRSORSAMLARSAA(Amends Ord. 93(Effective date 10A 80:15 (Formerly3:Por. 4)057:029: Por. 065:03439:31, 57, 68,037:011037:017021:007040:018 35:5856:2335:47 037:029 28:3135:6336:6426:24 - ----------- ----- 4 44222423325 22222 ------------ ----- TMK of ParcelAffected 22222 222030 & Por. 03122222and 692222 , South Hilo General Location 20062006200620060707 ------ 200620062007200707070707 -------- 20072007 2828282877--1010 -------- 20204417141811 -------- EffectiveDate 111111111212334458891010 1431441451461561572627394071105108111134135 ---------------- Ord.No.06060606060607070707070707070707 - )))))))))))))))) Paragraph(314(315(316(317(318(319(320(321(322(323(324(325(326(327(328(329 City of Hilo § 25-8-33 25A-119 City of Hilo § 25-8-33 1975 C.C. 20 - 1995)1993) 5.51.5 202010201010 -- -1010- ------ 2007) -- - 55)40)36) 26423 --- --- FinalZoning MCXCNRMCNCNRSCNRSRMCNCN 101010151015101010 --------- 1a1a -- OriginalZoning RSAARSRSRSRSRS(Amends Ord. 95(Effective date 4(Amends Ord. 07(Effective date 4(Amends Ord. 93(Effective date 4RSRSRS and 026 034:036034:088 036:090037:009034:084036:025040:121010:03148:93 and8:Pors. 14001:116 37:1514:4235:47 -- ------------ 22 233224242244 -- ------------ TMK of ParcelAffected 222222222Por. 1322and 262 22 South Hilo , st General Location 20072007 -- 200720082008200820082008200820082008200920092009 ------------ 10102 --- 2310111108203010182323 ----------- EffectiveDate 10101113445569244 1361371666203639657296115184445 -------------- Ord.No.0707070808080808080808090909 - Paragraph(330)(331)(332)(333)(334)(335)(336)(337)(338)(339)(340)(341)(342)(343) City of Hilo § 25-8-33 25A-120 City of Hilo § 25-8-33 1975 C.C. 202020202020 ------ 2000) 1.5 - 2020 1020 2001)1a - -- -- - - 31)34) 134 -- -- FinalZoning MCXMCXMCXMCXCGMCXFACGMCXCNCNRM 1 - 20 7.5 & RM 1010101010101010 - --------- 3a1a -- OriginalZoning(Amends Ord. 00(Effective Date 4RSRSRSRS(Amends Ord. 01(Effective Date 4RSRSARSMLARSRS 34:85 - 2 - 035:001 and 103050:043035:006035:017020:007025:011031:008022:008032:024037:019025:022025:048, 053 034:084035:034 ------------ -- 222222422324 22 ------------ -- TMK of ParcelAffected 2(Formerly 2and 93)222222 2 222222and 080 , South Hilo st General Location 0909 2020 -- 20092009200920092009200920092009200920102010 ----------- 2010 433030- ---- 2222222223232318710 ---------- EffectiveDate 577799911121212345 60899091104114117138149166167192732 -------------- Ord.No.0909090909090909090909101010 - )) Paragraph(344)(345)(346)(347)(348)(349)(350)(351)(352)(353)(354)(355)(356(357 25A-121 City of Hilo § 25-8-33 1975 C.C. 82) 20 - - 04)08) 2.5 20201020 1a -- 1a 10-40 ----03) - - -- - 39) 104) 14115 - - --- FinalZoning CNCNProject DistrictRSCNRMFARACNMCXRS 15107.51010 ----- 1a1a3a3a3a ----- OriginalZoning AAProject District (Repeals Ord. 04(Effective date 9RSRSRS(Amends Ord. 08(Effective date 4AARSRSA(Amends Ord. No. 03(Effective date 6 - - 3 3 - - 037:014037:006037:001, 2021:031034:082028:009040:121 044:019,049:053 and037:001032:012051:015025:022050:040070: Portion 001035:061 ------- --------- 3334242 333422242 ------- --------- TMK of ParcelAffected 222044:019, and 2 222 2222 222222 , General Location South Hilo e 101010 --- 201020102010201011111111 -------- 2010201011 --242413- --- 2020181882232328817 ----------- EffectivDate 55667911111222368 9 444564657276109110116012275067 -------------- Ord.No.1010101010101010101111111111 - Paragraph(358)(359)(360)(361)(362)(363)(364)(365)(366)(367)(368)(369)(370)(371) 25A-122 City of Hilo § 25-8-33 1975 C.C. 99) 2020 - 20 -- - 3 20 20 1a1a1a -15 - - --- 22 - - 116) - FinalZoning MCXRCXFAFAMCXCGRMMLFARS - of - 2a 1010101010 - ----- 3a3a1a --- OriginalZoning ORSA(Amends Ord. 99(Effective Date 10ARSRSRSRSFAA I Road and Haleloke Street 044:003, 031,004:072038:017035:045040:018023:015 035:070038:028040:019035:003024:005 ------ ----- 242255 22522 ffected ------ ----- TMK of ParcelA Relocation of proposed right222 2032, 035, 0372 22 2222 , South Hilo , South Hilo st , South Hilo, South Hilo, South Hilo, South Hilo, South Hilo, South Hilo General Location Punahoa 1 e 1112 -- 121212121313 ------ 12121213 25---25- -- 6626101010613125 ---------- EffectivDate 11234888910257 104183346111112113123132123880 ------------ Ord.No.111212121212121212131313 - Paragraph(372)(373)(374)(375)(376)(377)(378)(379)(380)(381)(382)(383) 25A-123 City of Hilo § 25-8-33 1975 C.C. 109)49)144) 06) --- - 05) 02) 1.5 - 20102010 1a - 1a1a - ---- 03) - -- -28 110) - 13 910 - - -- FinalZoning CNUNVCNRMRAFACNFACN 2.5 101010-10 ---- 1a,3a1a,3a1a3a ------ OriginalZoning RS(Amends Ord. 05(Effective Date 7(Amends Ord. No. 03(Effective date 7ARSRS(Amends Ord. No. 02(Effective date 4(Amends Ord. No. 06(Effective date 11RMAAAAARS 025:024 003:021 050:037 and001:005, portion 036:053022:005037:029028:009038:012034:046037:012034:045036:042 ------------- 5424222444342 ------------- TMK of ParcelAffected 2(portion)2(portion)20382of 007, 041, 162, 222222222 , South Hilo, South Hilo General Location e 1313 -- 1313141414141415 -------- 141515 92626--- --- 28121212126279234 ---------- EffectivDate 8101111335588135 88981161173233555610110323441 ------------- Ord.No.13131313141414141414151515 - Paragraph(384)(385)(386)(387)(388)(389)(390)(391)(392)(393)(394)(395)(396) 25A-124 City of Hilo § 25-8-33 1975 C.C. 115)6) 20 10) -- - - 08)08)94) 20 .5a1a1a --- 3a1a1a - 06) --- --- 24- 72)110) - 114) 10-2026-8 - ---- FinalZoning FACNRARARAMCXFAFA 2a 1010 - -- 20a 3a3a3a3a - ---- OriginalZoning(Amends Ord. No. 08(Effective date 9(Amends Ord. 08(Effective date 5 A(Amends Ord. No. 94(Effective date 1RSAAA(Amends Ord. 10(Effective date 11RSFAA(Amends Ord 06(Effective date 8 56, - 6, 078, 082:001048:093,003:024 024:008034:083056:002052:027051:003040:121035:060040:042034:044034:06 -61-- ---------- - 425 2222222542 --- ---------- TMK of ParcelAffected 2582portion of 132 2222222222and 079 Series, South Series, South , South Hilo i ots, South Hilo L 1 General Location PanaHiloPanaHiloPana e 15151515 ---- 1516161616161616 -------- 16 10202222- ---- 12221642323231818 --------- EffectivDate 61111121223555588 50961061171181016344549508485 ------------- Ord.No.15151515151616161616161616 - Paragraph(397)(398)(399)(400)(401)(402)(403)(404)(405)(406)(407)(408)(409) SUPP. 1 (1-2017) 25A-125 City of Hilo § 25-8-33 1975 C.C. 07)07)08)06) ---- 12) - 101010 10 2a03) 1015 --- - -- 10021012 -- -6a--- 111)136)108)166)20)47) 109 - ------ -- FinalZoning CNCNCNFACGRSARS 10 10101015 - ---- 20a20a3a --- OriginalZoning RS RSRSARS(Amends Ord. 12(Effective Date 8(Amends Ord. 07(Effective Date 10(Amends Ord. 03(Effective Date 7RSA(Amends Ord. 07(Effective Date 11(Amends Ord. 08(Effective Date 03(Amends Ord. 06(Effective Date 04A and 026 15 0 37: 027:038, 039,044:003, 031, 040:004040:108047:031025:012036:090050:014010:028047:033 and047:034036:025028:030, 032 and039:026 0 -- ------------- 22 2252224553224 -- ------------- TMK of ParcelAffected 2and 058 2222 2032, 035, and 037 222222220332 , South Hilo General Location South Hilo e 171717181818181919 --------- 1617171717 ----- 200129240301010720 --------- 1820202017 ----- EffectivDate 81112041111040710100102 877891424707431759697116 -------------- Ord.No.1617171717171717181818181919 - )) Paragraph(410)(411)(412)(413)(414)(415)(416)(417)(418)(419)(420(421(422)(423) SUPP. 6 (7-2019) 25A-126 City of Hilo § 25-8-33 1975 C.C. ) ) 07)97)06)10)07) ----- 20 2020 09 10107.5 - -- - --- 26)13)107)64)105)90A 20201718142 ------ ------ FinalZoning RSCNCGRSRSCG 1.5 151010-10 ---- 3a - OriginalZoning(Amends Ord. 07(Effective Date 3(Amends Ord. 97(Effective Date 2RSRSRS(Amends Ord. 06(Effective Date 7(Amends Ord. 10(Effective Date 6(Amends Ord. 07(Effective Date 8A(Amends Ord. 09(Effective Date 9RMRS - 4 - 037:001,044:019, and049:05339:31, 57, 68, 057:029: Por. 030 023:012021:059034:086024:003034:012080:013050:043028:009021:008 ---- ---------- 3332 4242224242 ---- ---------- TMK of ParcelAffected 2& Por. 031(Formerly 2057:001)22222 2222and 69 2222 General Location South HiloSouth HiloSouth HiloSouth HiloSouth Hilo e 191919191919191919192020 ------------ 202525250825212118170202 ------------ EffectivDate 020303030404050809120909 1726272834395890921136364 ------------ Ord.No.191919191919191919192020 - Paragraph(424)(425)(426)(427)(428)(429)(430)(431)(432)(433)(434)(435) SUPP. 9 (1-2021) 25A-127 City of Hilo § 25-8-33 1975 C.C. 116, - 17) 20 - - 17) 10)10)09)81)98)97) ------- 7.5 12)1a 15 - 44-20- - --- 111, 99 19)32)138)13)33)106)24, that 18102461320 7) - ------- ------ - FinalZoning IndustrialCGMCXRSFA 159) - 1010 -- 3a3a -- OriginalZoning(Amends Ord. 10(Effective Date 3(Amends Ord. 10(Effective Date 5(Amends Ord. 09(Effective Date 11(Amends Ord. 723)(Effective Date 11OpenRS(Amends Ord. 98(Effective Date 2RS(Amends Ord. 12(Effective Date 3(Amends Ord. 97(Effective Date 8(Repeals Ord. 17(Effective Date 01(Amends Ord. 17amended Ord. 12and 96(Effective Date 4AA 080 037:019025:048, 053 035:034041:Portion of 75001:008, 017, 018, 024:022003:Por. 021035:049, and 096038:028032:023, 101, 102, 040:004044:031, 032, 035, 003:035048:092 -------------- 34222242222242 -------------- TMK of ParcelAffected 22and222019, 024, 030, and 03422222103 and 10422and 03722 , South Hilo , South Hilo General Location South HiloHilo, South HiloHilo e 2021212121212122222222222323 -------------- 2901252515220611112404040306 -------------- EffectivDate 0903060607091001010210100412 711745464962641214981013496 -------------- Ord.No.2021212121212122222222222323 - Paragraph(436)(437)(438)(439)(440)(441)(442)(443)(444)(445)(446)(447)(448)(449) SUPP. 15 (1-2024) 25A-128 City of Hilo § 25-8-33 1975 C.C. 20 - 20 - FinalZoning RSMCX 10 - 3a - OriginalZoning ARS 079:002036:076 -- 42 -- TMK of ParcelAffected 22 General Location Hilo, South HiloHilo, South Hilo e 2324 -- 2919 -- EffectivDate 1206 10535 -- Ord.No.2324 - Paragraph(450)(451) SUPP. 16 (7-2024) 25A-129 This page intentionally left blank. 25A-130 This page intentionally left blank. 25A-131 ikou-Onomea § 25-8-34 1 to - 2) - 1975 C.C.7.30(a)7.30(b)7.30(cc7.30(d)7.30(3) 1986) - 1010 151015151515 -- ------ 1a1a3a5a 111) 26 ---- - - FinalZoning CVRSAARSRSRSCVAARSRS ) 7.5206.5 --- 20a20a20a20a20a20a20a20a20a --------- OriginalZoning RSRSAAAAARS(Amends Ord. 86(Effective Date 9AAAA 13: - 6 Onomea - - ikou 28:16 and 1731:1, 2, 2013:Por. 5 and 732:Por. 1804:Por. 11938:Por. 112:Por. 4; 2 03:2617:0233:1533:1538:33:27 ------------- 7767776777776 ------------- 34 - TMK of ParcelAffected 2222222222222Por. 7 8 -- - § 25 ZONING MAP No. 7.30 Halepuna, South Hilo - General Location Papaikou, South HiloKalaoa, South HiloWailua, South HiloAlemai, South HiloPapaikou, South HiloPaukaa, South HiloWailua, South HiloPapaikou, South HiloPapaikou, South HiloPaukaa, South HiloPaukaa, South HiloPaukaa, South HiloPapaa 1969197219901996 ---- 1974198119851986199019911996 ------- 19721984 15-14-30185 ----- 12910422262621 -------- EffectiveDate 128114294991131012 503411111514428121152 -------- Ord.No.286499537276698485869090919696 - Paragraph(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13) ikou-Onomea § 25-8-34 25A-132 ikou-Onomea § 25-8-34 1975 C.C. 1996) - 1a 5a2a - -5- 3a- 152) - - FinalZoning AFARAFA 15 15 -- 20a 20a20a and20a and - --- OriginalZoning AARSARS(Repeals Ord. 96(Effective Date 12 A 13:Por. 7 32:04 & 05032:00612:Por. 4 &008:130 38:3 - ----- 6 76667 - ----- TMK of ParcelAffected 2222 2 2 Halepuna, South Hilo - General Location Paukaa, South HiloWainaku, South HiloWainaku, South HiloPapaaKalaoa, South Hilo 1998 - 20062022 -- 20062006 19-- - 248821 ---- EffectiveDate 102884 1002911611742 ----- Ord.No.9806060622 - Paragraph(14)(15)(16)(17)(18) ikou-Onomea § 25-8-34 SUPP. 12 (7-2022) 25A-133 Pepeeke § 25-8-35 Pepe-8-35 2) - 1 to b - 1974 - 9 - 1975 C.C.7.31(a)7.31(bRepeals Ord. 47,77.31(e) 10, - 20a - 20 - 5a5a 3.5, O -- 10, CV-1020, A --- FinalZoning MGRSRMRSMGRSand ML 20 - 5a - 10, ML 7.57.5 - -- 20a20a, O -- OriginalZoning RSAARSCVand MG ) (Pepe -- 07:Por. 1 and 5307:Por. 3 and 607:Por. 3 and 607:Por. 538:103, Por. 104, ----- 88888 ----- 35 - TMK of ParcelAffected 22222Por. 95, and Por. 3 8 - § 25 ZONING MAP No. 7.31 General Location Pepeekeo and Makahanaloa, South HiloPepeekeo and Makahanaloa, South HiloPepeekeo and Makahanaloa, South HiloMakahanaloa, South HiloMakahanaloa, South Hilo 1974 - 1972197719842005 ---- 14 - 23301318 ---- EffectiveDate 311384 1650 -- Ord.No.456712568405 - Paragraph(1)(2)(3)(4)(5) 25A-134 Hakalau-§25-8-36 1975 C.C.7.32(a) 15 - FinalZoning RS ) 20a - OriginalZoning A - 03:Por. 11 - 9 - 36 (Hakalau - TMK of ParcelAffected 2 -- 8 - § 25 NG MAP No. 7.32 ZONI General Location Wailea, South Hilo 1981 - 10 - EffectiveDate 2 Ord.No.671 - Paragraph(1) Hakalau-§ 25-8-36 25A-135 Chapter 26. Fire. Repealed. (Rep 2023, ord 23-8, sec 4.) Editor’s Note: For present provisions, see chapter 17. SUPP. 14 (7-2023) 26-1 This page intentionally left blank. CHAPTER 27 FLOODPLAIN MANAGEMENT Article 1. Authorization. Section 27-1. Statutory authority. Section 27-2. Findings of fact. Section 27-3. Purpose. Section 27-4. Scope and methods. Article 2. General Provisions. Section 27-5. Applicability. Section 27-6. Basis. Section 27-7. Compliance. Section 27-8. Other laws and regulations. Section 27-9. Interpretation. Section 27-10. Warning and disclaimer of liability. Section 27-11. Severability. Section 27-12. Definitions. Section 27-13. Nonconforming structures. Article 3. Administration. Section 27-14. Director of public works approval. Section 27-15. Designation of the floodplain administrator. Section 27-16. Duties and responsibilities of the floodplain administrator. Article 4. Standards. Section 27-17. Certification standards. Section 27-18. Standards for construction. Section 27-19. Standards for utilities. Section 27-20. Standards for subdivisions and other developments. Section 27-21. Standards for manufactured homes. Section 27-22. Standards for floodways. Section 27-23. Standards for coastal high hazard areas. Section 27-24. Standards for general floodplain. Section 27-25. Standards for improvements adjacent to drainage facilities. Section 27-26. Storm drainage standards. i Article 5. Variances and Appeals. Section 27-27. Criteria for variances. Section 27-28. Application for variance. Section 27-29. Review of variance applications. Section 27-30. Recording and reporting of variances. Section 27-31. Appeals. Article 6. Enforcement. Section 27-32. Right to enter. Section 27-33. Notice of violation. Section 27-34. Administrative order. Section 27-35. Injunctive relief. Section 27-36. Criminal enforcement. Section 27-37. Removal of encroachment and/or obstruction notices. Section 27-38. Removal by County; costs. ii F LOODPLAIN M ANAGEMENT§27-1 CHAPTER 27 FLOODPLAIN MANAGEMENT Article 1. Authorization. Section 27-1. Statutory authority. This chapter is enacted pursuant to the U.S. National Flood Insurance Act of 1968 (Public Laws 90-418 and 91-152), as amended, and the U.S. Flood Disaster Protection Act of 1973 (Public Law 93-234), as amended. In addition, the Legislature of the State of Hawai‘i has in Hawai‘i Revised Statutes 46-1.5(5), 46-1.5(14), 46-11, 46-11.5, and 46-12 conferred upon the various counties the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry (1993, ord 93-78, sec 3; am 2007, ord 07-169, sec 3.)27-1 Section 27-2. Findings of fact. (a) The flood hazard areas of the County of Hawai‘i are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, cause damage to uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (1993, ord 93-78, sec 3.)27-2 Section 27-3. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (a) To protect human life and health; (b) To minimize expenditure of public money for costly flood control projects; (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) To minimize prolonged business interruptions; (e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 27-1 § 27-3H AWAI‘I C OUNTY C ODE (g) To assist in notifying potential buyers that property is in an area of special flood hazard; and (h) To ensure that those who occupy areas of special flood hazard assume responsibility for their actions. (1993, ord 93-78, sec 3.)27-3 Section 27-4. Scope and methods. In order to accomplish its purposes, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling fill, grading, dredging, and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (1993, ord 93-78, sec 3.)27-4 Article 2. General Provisions. Section 27-5. Applicability. This chapter shall apply to all areas of special flood hazards identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “Flood Insurance Study,” dated April 2, 2004, with accompanying Flood Insurance Rate Maps and all future changes, revisions and amendments to these documents, and shall apply to all areas bordering identified special flood hazard areas, and all other areas outside the identified special flood hazard areas encompassing and adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the director of public works to be subject to flood hazards. The special flood hazard areas are as follows: (1) Floodway fringe - Zones AE, AH, and AO. (2) Floodway. (3) Coastal high hazard (tsunami) - Zones V and VE. (4) General floodplain - Zone A. (5) Land adjacent to drainage facilities, and Zone A99. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 4; am 2017, ord 17-56, sec 4.)27-5 SUPP. 3 (1-2018) 27-2 F LOODPLAIN M ANAGEMENT§27-6 Section 27-6. Basis. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study dated April 2, 2004, along with all subsequent revisions and amendments, and the Flood Insurance Rate Maps, dated April 2, 2004, May 16, 1994, July 16, 1990, and September 16, 1988, and all future changes, revisions, and amendments to these documents, are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and Flood Insurance Rate Maps, and all future changes, revisions, and amendments to these documents, are on file at the Aupuni Center, Department of Public Works, 101 Pauahi Street, Suite 7, Hilo, Hawai‘i 96720. (1993, ord 93-78, sec 3; am 1994, ord 94-74, sec 3; am 1995, ord 95-86, sec 3; am 2007, ord 07-169, sec 5.)27-6 Section 27-7. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. The terms of this chapter shall be enforced by the standards set forth in article 6. (1993, ord 93-78, sec 3.)27-7 Section 27-8. Other laws and regulations. All construction and improvements subject to this chapter shall comply with other applicable laws and regulations including, but not limited to, the zoning, building, electricity, plumbing, subdivision, erosion and sedimentation control chapters of the Hawai‘i County Code, and the storm drainage standards, October 1970 edition, or later revisions, of the County of Hawai‘i. This chapter, designed to reduce flood losses, shall take precedence over any less restrictive, conflicting laws, ordinances, and regulations. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. In the event of a conflict between this chapter and the National Flood Insurance Program and Related Regulations (NFIP), as amended, the more restrictive provision will govern. (1993, ord 93-78, sec 3; am 2007, ord 07-169, sec 6.)27-8 SUPP. 3 (1-2018) 27-3 § 27-9H AWAI‘I C OUNTY C ODE Section 27-9. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the County of Hawai‘i; and (c) Deemed neither to limit nor repeal any other powers granted to the County of Hawai‘i under State of Hawai‘i statutes. (1993, ord 93-78, sec 3.)27-9 Section 27-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This chapter does not imply that land outside the areas of special flood hazards and areas of flood-related erosion hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the County of Hawai‘i, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (1993, ord 93-78, sec 3.)27-10 Section 27-11. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (1993, ord 93-78, sec 3.)27-11 Section 27-12. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. “Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. “Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or denial of a request for a variance. “Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 27-4 F LOODPLAIN M ANAGEMENT§27-12 “Backfill” means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving floodwater conveyance or to restore the land to the natural contours existing prior to excavation. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “one-hundred-year flood”). “Base flood elevation” means the water surface elevation of the base flood. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides. “Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a licensed structural engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. “Coastal high hazard area” - See “Zone V” and “Zone VE.” “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. “Drainage facility” - See “Watercourse.” “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 5, 1982. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). “Fill” is the placement of fill material at a specified location to bring the ground surface up to a desired elevation. SUPP. 3 (1-2018) 27-5 § 27-12H AWAI‘I C OUNTY C ODE “Fill material” can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick, or similar material as approved on a case-by-case basis. “Flood elevation determination” means a determination by the Federal Emergency Management Agency of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. “Flood elevation study” or “flood study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of flood-related erosion hazards. “Flood, flooding, or floodwater” means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation or runoff of surface waters from any source; or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. “Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood. “Flood protection system” means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards. “Floodplain administrator” is the individual appointed to administer and enforce the floodplain management regulations. This person shall be the director of public works of the County of Hawai‘i or the director’s duly authorized representative who shall be a currently licensed professional engineer in the State of Hawai‘i. SUPP. 3 (1-2018) 27-6 F LOODPLAIN M ANAGEMENT§27-12 “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, and special purpose ordinances (such as a floodplain ordinance or an erosion and sedimentation control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. “Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”). “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. “Floodway fringe” is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted. “Floodway” or “regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. “Fraud and victimization” related to article 5, variances, of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the director of public works will consider the fact that every newly constructed structure adds to government responsibilities and remains a part of the community for fifty to one hundred years. Structures that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the structure(s) and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the structure(s), unaware that it is subject to potential flood damage, and the structure(s) can be insured only at very high flood insurance rates. “Freeboard” means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. “General floodplain” - See “Zone A.” 27-7 § 27-12H AWAI‘I C OUNTY C ODE “Hardship” as related to article 5, variances, of this chapter means the hardship that would result from a failure to grant the requested variance. The director of public works requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical disabilities, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; (3) Individually listed on a State of Hawai‘i inventory of historic places where the historic preservation program has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (A) By an approved State program as determined by the Secretary of the Interior, or (B) Directly by the Secretary of the Interior in states without approved programs. “Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. “Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. 27-8 F LOODPLAIN M ANAGEMENT§27-12 “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” includes a “mobile home” but does not include a “recreational vehicle.” “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value.” For the purposes of determining substantial improvement, market value pertains only to the structure in question. It does not pertain to the land, landscaping, or detached accessory structures on the property. For determining substantial improvement, the value of the land must always be subtracted. Acceptable estimates of market value can be obtained from the following sources: (1) Independent appraisals by a professional appraiser licensed by the State. (2) Property appraisals used for tax assessment purposes by the County department of finance, real property tax office. (3) The value of buildings taken from National Flood Insurance Program claims data. This value shall be used as a screening tool to identify those structures where the substantial improvement ratio is less than forty percent or greater than sixty percent. “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. “Minimum necessary” related to article 5, variances, of this chapter means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the director of public works need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the director of public works believes will both provide relief and preserve the integrity of this chapter. “New construction” for floodplain management purposes, means structures for which the “start of construction” commenced on or after May 5, 1982, and includes any subsequent improvements to such structures. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 5, 1982. “Obstruction” includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. 27-9 § 27-12H AWAI‘I C OUNTY C ODE “One-hundred-year flood” means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood.” “One-hundred-year floodplain” means any area of land susceptible to being inundated by water from any source generated by the one-hundred-year flood. “Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. “Principal structure” means a structure used for the principal use of the property as distinguished from an accessory use. “Recreational vehicle” means a vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. “Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. “Repetitive loss structure” means home or business that was damaged by flood two times in the past ten years, where the cost of fully repairing the flood damage to the building, on the average, equaled or exceeded twenty-five percent of its market value at the time of each flood. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. “Sand dunes” means naturally occurring accumulations of sand in ridges or mounds landward of the beach. “Sheet flow area” - See “area of shallow flooding.” “Special flood hazard area” means an area having special flood or flood-related erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE or V. 27-10 F LOODPLAIN M ANAGEMENT§27-12 “Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred-eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. “State” means the State of Hawai‘i. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. “Substantial improvement.” For the purposes of this chapter, the determination of whether any improvements constitute substantial improvements is applicable only to structures built prior to May 5, 1982 or buildings constructed after May 5, 1982 which were not within a special flood hazard area at the time of issuing the building permit. “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement which shall be the sum of all costs of all such work performed in the previous three years including the cost of the current work being considered. The value of the structure including previous three year improvements, shall be certified by a contractor, engineer, or architect licensed by the State and the property owner as may be required on a form provided by the County. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” 27-11 § 27-12H AWAI‘I C OUNTY C ODE “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance with this chapter is presumed to be in violation until such time as that documentation is provided. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial damage may occur. “Zone A” is the special flood hazard area that corresponds to the one hundred-year floodplains that are determined in the Flood Insurance Study by approximate methods. Because detailed hydraulic analyses are not performed for such areas, base flood elevations or depths have not been determined within this zone. “Zone A99” is the special flood hazard area where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Base flood elevations have not been determined for areas designated as Zone A99. “Zone AE” is the special flood hazard area that corresponds to the one hundred-year floodplains that are determined in the Flood Insurance Study by detailed methods. Whole-foot base flood elevations derived from the detailed hydraulic analyses have been determined at selected intervals within this zone. “Zone AH” is the special flood hazard area that corresponds to the areas of one- hundred-year shallow flooding (usually areas of ponding) where average depths are between one and three feet. Whole-foot base flood elevations derived from the detailed hydraulic analyses have been determined at selected intervals within this zone. “Zone AO” is the special flood hazard area that corresponds to the areas of one- hundred-year shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average whole-foot depths derived from the detailed hydraulic analyses have been determined within this zone. “Zone D” corresponds to unstudied areas where flood hazards are undetermined, but possible. “Zone V” is the special flood hazard area that corresponds to the one hundred-year coastal floodplains extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. Base flood elevations have not been determined for areas designated as Zone V. 27-12 F LOODPLAIN M ANAGEMENT§27-12 “Zone VE” is the special flood hazard area that corresponds to the one hundred-year coastal floodplains extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. Whole-foot base flood elevations derived from the detailed hydraulic analyses have been determined at selected intervals within this zone. “Zone X (shaded)” are areas of moderate flood hazard corresponding to areas of the five-hundred-year floodplain, areas of one-hundred-year flooding where average depths are less than one foot, areas of one-hundred-year flooding where the contributing drainage area is less than one square mile, and areas protected from the one-hundred- year flood by levees. “Zone X (unshaded)” are areas of minimal flood hazard corresponding to areas outside of the five-hundred-year floodplain. Base flood elevations or depths have not been determined for Zone X. (1993, ord 93-78, sec 3; am 1997, ord 97-116, sec 1; am 2001, ord 01-108, secs 1 and 9; am 2007, ord 07-169, sec 7; am 2010, ord 10-115, secs 2 and 3; am 2017, 17-56, sec 5 and 6.) 27-12 Section 27-13. Nonconforming structures. Any nonconforming structure existing on May 5, 1982 or made nonconforming by a change in the special flood hazard area may continue, subject to the following conditions: (a) Any repair, reconstruction, improvement, or addition to a nonconforming structure, if it is considered to be substantial improvement, shall comply with the applicable standards of this chapter. (b) All relocated structures shall comply with the applicable standards of this chapter. (c) Substantial improvement of a damaged, destroyed, or demolished structure located in a floodway shall not be allowed unless a variance from the flood requirements is obtained. (1993, ord 93-78, sec 3; am 1997, ord 97-116, sec 2.)27-13 Article 3. Administration. Section 27-14. Director of public works approval. No building permit, certificate of occupancy, or grading permit shall be issued, no structure shall be occupied, no exception to chapter 5, the building code, shall be certified, and no development or subdivision shall be approved in an area of special flood hazard as determined by the director, pursuant to section 27-16, without the approval of the director with respect to compliance with the provisions of this chapter. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 8; am 2017, ord 17-56, sec 7.)27-14 Section 27-15. Designation of the floodplain administrator. The director of public works of the County of Hawai‘i is hereby appointed to administer, implement, and enforce this chapter in accord with the provisions of this chapter. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1.)27-15 SUPP. 3 (1-2018) 27-13 § 27-16H AWAI‘I C OUNTY C ODE Section 27-16. Duties and responsibilities of the floodplain administrator. The floodplain administrator, with the cooperation and assistance of other County departments, shall administer this chapter. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (1) Permit review. (A) All building permits, certificates of occupancy, grading permits, and development or subdivision proposals shall be reviewed to determine whether the requirements of this chapter have been satisfied; (B) All other development permits referred by other governmental departments and agencies shall be reviewed for consistency with the requirements of this chapter; (C) All permits and proposals shall be reviewed to determine that the proposed building site is reasonably safe from flooding; (D) For proposed building sites in flood-prone areas where special flood hazard areas have not been defined, water surface elevations have not been provided, and there is insufficient data to identify the floodway or coastal high hazard areas but the floodplain administrator has determined that there are verifiable physical indications that such hazards are present, all new construction, improvements to repetitive loss structures and substantial improvements (including the placement of manufactured homes) shall be: (i) Designed and adequately anchored to prevent flotation, collapse, or lateral movement; (ii) Constructed of flood-resistant materials; (iii) Constructed using methods and practices that minimize flood damage; (iv) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (v) Reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; and (vi) With respect to new and replacement utilities, compliant with the requirements of section 27-19; and (E) All permits shall be reviewed to determine that the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood at any point. (2) Information maintenance. The floodplain administrator shall maintain the following: (A) The Flood Insurance Study and Flood Insurance Rate Maps for the County of Hawai‘i; SUPP. 4 (7-2018) 27-14 F LOODPLAIN M ANAGEMENT§27-16 (B) The certification of lowest floor elevation; (C) The certification of floodproofing for spaces below the base flood elevation; (D) The certification of final pad elevation where a site is filled above the base flood elevation; (E) The certification that an encroachment in the floodway will not result in any increase in flood levels during base flood discharge; and (F) The certification of elevation and structural support for structures in the coastal high hazard area. (3) Notification of actions that may alter the boundaries of flood hazard areas on Federal Emergency Management Agency Flood Insurance Rate Maps. (A) The floodplain administrator shall notify the council of the following actions when they relate to areas located within Hawai‘i County: (i) A Federal Emergency Management Agency initiated map study or restudy of flood hazard areas; (ii) A floodplain administrator initiated map revision process, pursuant to part 65 of the National Flood Insurance Program Regulations; and (iii) A floodplain administrator initiated map revision process, pursuant to a Federal Emergency Management Agency Cooperative Technical Partners Initiative. (B) Notification shall consist of a written message from the floodplain administrator to the County council and shall be submitted to the County council as soon as practical, but no later than sixty days after the date the department of the floodplain administrator initiates any of the actions described in paragraph (3)(A) of this section. Notification shall include, but not be limited to: (i) Identification of the stream or general area being studied or revised; and (ii) The name of the entity undertaking the flood mapping study, restudy, or revision process. (4) Interpretation of maps. The floodplain administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in article 5. (5) Initiating changes in base flood elevations. Whenever base flood elevations increase or decrease or result in a mappable alteration of the boundaries of any special flood hazard area, as a result of physical changes affecting flooding conditions, as soon as practical, but no later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data through the Letter of Map Revision process. Such a submission is necessary so that upon SUPP. 4 (7-2018) 27-15 § 27-16H AWAI‘I C OUNTY C ODE confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (6) Using other base flood data. When base flood elevation data has not been provided in accordance with section 27-6, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer article 4. Any such information shall be submitted to the floodplain administrator for consideration. (7) Whenever a watercourse is to be altered or relocated: (A) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained; (B) For riverine situations, notify the State of Hawai‘i department of land and natural resources (commission on water resource management) and all adjacent property owners, prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and (C) Whenever a proposed alteration or relocation occurs that would significantly change the base flood elevation or result in a mappable alteration of the boundaries of any special flood hazard area, technical and scientific data through the Conditional Letter of Map Revision shall be submitted to and approved by the Federal Emergency Management Agency. Such a submission is necessary so that upon completion of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. Work to be performed under an approved Conditional Letter of Map Revision shall be subject to the following: (i) Work shall not begin on any on-site development affecting or impacting the floodplain until an approved Conditional Letter of Map Revision is received from the Federal Emergency Management Agency; and (ii) Within sixty days of receiving final approval from the floodplain administrator for the completion of the alteration or relocation of a watercourse, the request for a Letter of Map Revision, and all other information required by the Letter of Map Revision process shall be submitted to the Federal Emergency Management Agency. (8) Violations. Take action to remedy violations of this chapter as specified in article 6. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 9; am 2017, ord 17-56, sec 8; am 2018, ord 18-25, sec 3.)27-16 SUPP. 4 (7-2018) 27-16 This page intentionally left blank. SUPP. 4 (7-2018) 27-16.1 § 27-17H AWAI‘I C OUNTY C ODE Article 4. Standards. Section 27-17. Certification standards. (a) Pre-construction and post-construction certification of elevation and floodproofing of new construction, improvements to repetitive loss structures, development, and substantial improvements within areas of special flood hazards shall be submitted to the director of public works and shall be maintained as a matter of public record. (b) Pre-construction certification. Requirements for approval of the building permit shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (1) Certification of building plans. Each set of building plans shall be certified by a structural engineer or architect, currently licensed in the State of Hawai‘i, to be in compliance with the requirements of this chapter. (2) Elevation certification on building plans. The elevation of the lowest floor shall be certified on each set of the building plans by an architect, civil engineer, or land surveyor currently licensed in the State of Hawai‘i. (3) Special flood hazards area certification. The County of Hawai‘i “Special Flood Hazard Area Certification” form, as amended, shall be completed and certified by a structural engineer or architect currently licensed in the State of Hawai‘i. The completed “Special Flood Hazard Certification” shall be submitted for approval with the building plans. SUPP. 4 (7-2018) 27-16.2 F LOODPLAIN M ANAGEMENT§27-17 (4) Floodproofing certification. For all new nonresidential construction and substantial improvement with enclosed areas below the base flood elevation, the Federal Emergency Management Agency “Floodproofing Certificate” form, as amended, shall be completed and certified by a civil engineer or architect, currently licensed in the State of Hawai‘i and shall be submitted for approval with the building plans. The director of public works may require additional information regarding the floodproofing design from the permit applicant and the applicant shall provide it. The information required may include the design data and calculations used in the floodproofing design, a detailed flood elevation study, a drainage report, and other information as determined necessary by the director of public works to establish compliance with the provisions of this chapter and to promote public welfare and safety. (c) Post-construction certification. Requirements for approval of the certificate of occupancy shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (1) Elevation certification. The Federal Emergency Management Agency “Elevation Certificate,” as amended, shall be completed and certified by a land surveyor, civil engineer, or architect currently licensed in the State of Hawai‘i and submitted for approval with the application for the certificate of occupancy. The information certified within the “Elevation Certificate” shall be based on actual construction. (2) Compliance with other requirements of this chapter. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 10; am 2010, ord 10-115, sec 4; am 2017, ord 17-56, sec 9.) 27-17 Section 27-18. Standards for construction. Standards for construction within areas of special flood hazards are established as follows: (a) Anchoring. (1) New construction, improvements to repetitive loss structures, and substantial improvements shall be adequately anchored to resist flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufactured homes, including mobile homes, shall meet all standards for structures. (b) Construction materials and methods. (1) New construction, improvements to repetitive loss structures, and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction, improvements to repetitive loss structures, and substantial improvement shall be constructed using methods and practices that minimize flood damage. SUPP. 3(1-2018) 27-17 § 27-18H AWAI‘I C OUNTY C ODE (3) New construction, improvements to repetitive loss structures, and substantial improvement shall be designed and constructed with electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities including, but not limited to, furnaces, heat pumps, water heaters, washers, dryers, elevator lift equipment, electrical junction boxes, circuit breaker boxes, and food freezers located above the base flood elevation plus any required freeboard. (4) Within Zones V and VE, new construction, improvements to repetitive loss structures, and substantial improvements shall comply with the standards of section 27-23. (5) Recreational vehicles placed on sites within Zones AH and AE on the FIRM shall be elevated and anchored or be on the site for less than one hundred eighty consecutive days or be fully licensed and highway ready. (c) Encroachments. (1) Within a floodway, encroachments (including fill), new construction, improvements to repetitive loss structures, substantial improvements, and other developments, shall be prohibited unless certified by a professional civil engineer licensed in the State of Hawai‘i, with supporting data, that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. (2) Require, until a regulatory floodway is designated, that no new construction, improvements to repetitive loss structures, substantial improvements, or other development (including fill), shall be permitted within Zones AE on the FIRM, unless demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point. (3) Within all zones of special flood hazards, but not including floodways, filling which would result in the blockage or impediment of flow and/or induce or aggravate flooding shall be prohibited unless certified by a professional civil engineer licensed in the State of Hawai‘i, with supporting data, that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. (4) Within floodway fringe areas, filling to elevate the lowest floor of a nonresidential structure may only be permitted where the structure: (A) Is floodproofed so that below the base flood elevation plus any required freeboard the structure is watertight with walls substantially impermeable to the passage of water, and (B) Has structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (5) In Zones V and VE, use of fill for structural support of buildings shall be prohibited. 27-18 F LOODPLAIN M ANAGEMENT§27-18 (d) Elevation and floodproofing. (1) Within Zones AE and AH: (A) For residential new construction, improvements to repetitive loss structures, and substantial improvements, the lowest floor shall be elevated to or above the base flood elevation plus a freeboard of at least one foot. (B) For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements, the lowest floor shall be elevated or floodproofed to or above the base flood elevation plus a freeboard of at least one foot. If the lowest floor is below the base flood elevation plus the required freeboard, then the structure together with attendant utility and sanitary facilities shall be designed, constructed, and certified by a currently licensed professional engineer or architect in the State of Hawai‘i such that: (i) The structure is watertight below the base flood elevation plus the required freeboard. (ii) The walls are substantially impermeable to the passage of water. (iii) The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (C) Within Zone AH, new construction, improvements to repetitive loss structures, and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (D) Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a currently licensed professional engineer or architect or meet or exceed the following criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. Each opening must be on different sides of the enclosed area. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (2) Within Zone AO: (A) For residential new construction, improvements to repetitive loss structures, and substantial improvements, the lowest floor shall be elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the FIRM, or at least three feet if no depth number is specified. 27-19 § 27-18H AWAI‘I C OUNTY C ODE (B) For nonresidential new construction, improvements to repetitive loss structures, and substantial improvements, the lowest floor shall be elevated or completely floodproofed above the highest adjacent grade at least one foot above the depth number specified in feet on the FIRM, or at least three feet if no depth number is specified. If the lowest floor is to be completely floodproofed, then a currently licensed professional engineer or architect in the State of Hawai‘i shall develop and/or review structural design, specifications and plans for construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for the structure together with attendant utility and sanitary facilities such that: (i) The structure is watertight below the referenced flood elevation. (ii) The walls are substantially impermeable to the passage of water. (iii) The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (C) New construction, improvements to repetitive loss structures, and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (3) Within Zones V and VE: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-23. (4) Within Zone A: New construction, improvements to repetitive loss structures, and substantial improvement shall comply with the standards of section 27-24. (e) Certification requirements. All new construction, improvements to repetitive loss structures, and substantial improvement within areas of special flood hazard shall be certified as required by the standards of section 27-17. (1993, ord 93-78, sec 3; am 1997, ord 97-116, sec 3; am 2007, ord 07-169, sec 11; am 2010, ord 10-115, sec 5.)27-18 Section 27-19. Standards for utilities. (a) New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (b) On-site cesspools and septic systems shall be located to avoid impairment to them or contamination from them during flooding. (1993, ord 93-78, sec 3.)27-19 27-20 F LOODPLAIN M ANAGEMENT§27-20 Section 27-20. Standards for subdivisions and other developments. (a) All subdivisions and other developments within areas of special flood hazards and flood prone areas where special flood hazard areas have not been defined, water surface elevations have not been provided, and there is insufficient data to identify the floodway or coastal high hazard areas but there are verifiable physical indications that such hazards are present as determined by the flood plain administrator, shall: (1) Be consistent with the need to minimize flood damage; (2) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and (3) Have adequate drainage provided to reduce exposure to flood damage. (b) All subdivision and other development applications shall identify the areas of special flood hazards and base flood elevations on the proposed site. If such information is not provided by the Flood Insurance Rate Maps, the director of public works may request and the applicant shall provide such information. (c) Finally approved subdivision plats for subdivisions within areas of special flood hazards shall provide base flood elevations within the lots. (d) All new subdivision proposals and other proposed developments within areas designated as Zone A or a flood prone area where special flood hazard areas have not been defined, water surface elevations have not been provided, and there is insufficient data to identify the floodway or coastal high hazard areas but the flood plain administrator has determined that there are verifiable physical indications that such hazards are present shall comply with the following: (1) Be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (2) For all proposed developments and/or subdivisions greater than either fifty lots or five acres, the developer and/or subdivider shall include base flood elevation data within their proposal. (3) Comply with the requirements of section 27-24. (e) All developments requiring a site drainage plan under section 25-2-72(3) shall submit such a plan for review and approval by the director of public works. The site drainage plan shall comply with sections 27-20(a) and (b) and section 27-24, and shall include a storm water disposal system to contain run-off caused by the proposed development, within the site boundaries, up to the expected one-hour, ten year storm event, as shown in the department of public works “Storm Drainage Standards,” dated October 1970, or any approved revision, unless those standards specify a greater recurrence interval. The amount of expected runoff shall be calculated according to the department of public works “Storm Drainage Standards,” dated October 1970, or any approved revision, or by any nationally- recognized method meeting with the approval of the director of public works. Runoff calculations shall include the effects of all improvements. 27-21 § 27-20H AWAI‘I C OUNTY C ODE (f)Storm water shall be disposed into drywells, infiltration basins, or other approved infiltration methods. The development shall not alter the general drainage pattern above or below the development. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 12.)27-20 Section 27-21. Standards for manufactured homes. Manufactured homes that are placed or substantially improved on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood shall: (a) Within Zones AE or AH, be elevated so that either: (1) The lowest floor of the manufactured home is at or above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Within Zone AO, be elevated such that the lowest floor of the manufactured home is elevated at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Within Zone A, comply with the standards of section 27-24. (d) Within Zones V or VE, comply with the standards of section 27-23. (1993, ord 93-78, sec 3.)27-21 Section 27-22. Standards for floodways. The floodway identified on the Flood Insurance Rate Maps and located within areas of special flood hazard is the watercourse reserved to discharge the base flood. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (a) Encroachments, including fill, new construction, improvements to repetitive loss structures, substantial improvement, and other new development shall be prohibited unless certification and supporting data is provided by a licensed professional engineer or architect demonstrating that the encroachment will not cause any increase in base flood elevations during the occurrence of the base flood discharge. (b) If an encroachment within a floodway is allowed under the conditions of paragraph 27-22(a), all new construction, improvements to repetitive loss structures, substantial improvement and other proposed new development shall comply with all applicable flood hazard reduction provisions established in this chapter. 27-22 F LOODPLAIN M ANAGEMENT§27-22 (c) The following uses, not involving fill, shall be evaluated on a case-by-case basis to establish that the use does not cause any increase in base flood elevations: (1) Public and private outdoor nonstructural recreational facilities, lawn, garden, and play areas; (2) Agricultural uses, including farm, grazing, pasture, and outdoor plant nurseries; and (3) Drainage improvements, such as channels and stream crossings. (1993, ord 93-78, sec 3; am 2007, ord 07-169, sec 13.)27-22 Section 27-23. Standards for coastal high hazard areas. Coastal high hazard areas are identified as Zone V or Zone VE on the Flood Insurance Rate Maps. Within coastal high hazard areas, the following standards shall apply: (1) All new construction, improvements to repetitive loss structures, and substantial improvements in a coastal high hazard area shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. (2) New construction, improvements to repetitive loss structures, and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor, excluding the pilings and columns, is elevated to or above the base flood level. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. The wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year. (3) New construction, improvements to repetitive loss structures, and other development shall be located on the landward side of the reach of mean high tide. (4) New construction, improvements to repetitive loss structures, and substantial improvement shall have the enclosed space, if any, below the lowest floor free of obstructions and constructed with breakaway walls as defined in section 27-12. Such enclosed space shall not be used for human habitation and will be useable solely for parking of vehicles, building access, or storage. Machinery and equipment which service the building, such as furnaces, air conditioners, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit boxes, and food freezers are not permitted in such enclosed spaces. The enclosed space must only be achieved with breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than ten and no more than twenty pounds per SUPP. 3 (1-2018) 27-23 § 27-23H AWAI‘I C OUNTY C ODE square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty pounds per square foot may be permitted only if a licensed professional structural engineer certifies that the design proposed meets the following conditions: (A) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (B) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (one- hundred-year mean recurrence interval). (5) Fill shall not be used for structural support of buildings. (6) Man-made alteration of sand dunes and mangroves which would increase potential flood damage is prohibited. (7) All new construction, improvements to repetitive loss structures, development, and substantial improvement within coastal high hazard areas shall be certified as required by section 27-17. (8) Recreational vehicles placed on sites within Zones V and VE on the FIRM shall be elevated and anchored or be on the site for less than one hundred eighty consecutive days or be fully licensed and highway ready. (1993, ord 93-78, sec 3; am 2007, ord 07-169, sec 14; am 2010, ord 10-115, sec 6; am 2017, ord 17-56, sec 10.)27-23 Section 27-24. Standards for general floodplain. The general floodplain, identified as Zone A on the Flood Insurance Rate Maps, are areas of special flood hazards for which detailed engineering studies are not performed by the Federal Emergency Management Agency to determine the base flood elevations and to identify the floodways. (a) To determine base flood elevations and the locations of floodways within the general floodplain, the director of public works may obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, including information requested of a permit applicant. (b) Development or subdivision proposals shall conform with the requirements of section 27-20. (c) The following information shall be provided by a permit applicant to the director of public works to evaluate the proposed construction or improvement site within a general floodplain area: (1) Project location and site plan showing dimensions. (2) Relationship to floodway and floodway fringes as determined by flood elevation study. SUPP. 3 (1-2018) 27-24 F LOODPLAIN M ANAGEMENT§27-24 (3) Contour map showing the topography of existing ground based on elevation reference marks on flood maps. The scale and contours are to be appropriate to the work in question. (4) Existing and proposed base flood elevations. (5) Existing and proposed floodproofing and flood control measures. The director of public works may waive informational requirements if the director of public works has sufficient information to make an evaluation and determination regarding flood elevation or may request further information, including a detailed flood elevation study and a drainage report, to evaluate flood risks and determine the applicability of flood construction and development standards. (d) New construction, improvements to repetitive loss structures, and substantial improvements within the general floodplain shall satisfy the requirements set forth for Zones AE, AH, AO, or VE as is determined to be applicable by the director of public works based on base flood information and floodway data obtained through subsections 27-24(a) and 27-24(b). (e) All new construction, improvements to repetitive loss structures, development, and substantial improvement within the general floodplain shall be certified as required by section 27-17. (f) All manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 15.)27-24 Section 27-25. Standards for improvements adjacent to drainage facilities. New construction, improvements to repetitive loss structures, and substantial improvements proposed adjacent to drainage facilities outside of the special flood hazard areas identified on the Flood Insurance Rate Maps shall be subject to review and approval of the director of public works. (a) Upon request by the director of public works, further information concerning base flood elevation, floodways, surface water runoff, existing and proposed drainage patterns, and other information, including a detailed flood elevation study, drainage report, and findings and opinions by a licensed professional civil engineer, shall be provided to evaluate potential flooding. (b) The director of public works shall determine the applicability of the various development and construction standards provided in this chapter based upon information available from a Federal, State, or other source, including information provided by the permit applicant. (c) A drainage facility shall not be modified, constructed, lined, or altered in any way to accommodate the improvement without the approval of the director of public works. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 16.)27-25 27-25 § 27-26H AWAI‘I C OUNTY C ODE Section 27-26. Storm drainage standards. The department of public works, County of Hawai‘i’s “Storm Drainage Standard,” October 1970 edition, or latest revision, is incorporated into and made a part of this chapter. These standards have been prepared to guide County engineers and personnel, engineers for subdivision and other developers, consultants employed by the department of public works, and other interested parties in the general features required for the design of storm drainage facilities, preparation of flood hazard studies, and other related work in the County of Hawai‘i. (1993, ord 93-78, sec 3; am 2007, ord 07-169, sec 17.)27-26 Article 5. Variances and Appeals. Section 27-27. Criteria for variances. A variance from this chapter may be issued by the director of public works only upon the applicant meeting the variance criteria of this section. The variance criterion set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the County of Hawai‘i to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter are quite rare. The variance guidelines are detailed and contain multiple provisions that must be met before a variance can be properly granted. The following criterion are designed to screen out those situations in which alternatives other than a variance are more appropriate: (a) Generally, variances may be issued for new construction, improvements to repetitive loss structures, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of articles 3 and 4 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 27-26 F LOODPLAIN M ANAGEMENT§27-27 (c) Variances shall only be issued upon: (1) A showing of good and sufficient cause. Under this criterion, the applicant must demonstrate that the variance request is for land which has physical characteristics so unusual that complying to flood requirements will create exceptional hardship to the applicant or surrounding landowners. The unique characteristic must pertain to the land itself and not the structure, its inhabitants, or the property owner. Under this criterion, only exceptional instances should arise where the physical characteristics of properties create a hardship sufficient to justify granting a variance. Even in a fairly common situation where an undeveloped lot is surrounded by properties with structures built at grade and/or below flood levels, a variance cannot be justified since an applicant can erect the concerned structure on pilings, etc.; (2) A determination that failure to grant the variance would result in exceptional “hardship” (as defined in section 27-12) to the applicant. Under this criterion, the hardship that would result from failure to grant a requested variance must be exceptional, unusual, and peculiar to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical disabilities, personal preferences, or the disapproval of one’s neighbors cannot, generally, qualify as exceptional hardship. Under this criterion, for example, a member of a household has a physical disability and wants a variance to build the dwelling at grade or at a lower level for access purposes. A variance should not be issued because the owner can construct a ramp or elevator to meet flood requirements. Elevation will allow the infirm or persons with disabilities to be evacuated in the early stage of flooding, and, if there is insufficient warning or help in evacuating that person, then, in all likelihood, he can survive the flood by simply remaining in the home safely above the levels of floodwaters; (3) A determination that the variance is the “minimum necessary” (as defined in section 27-12), considering the flood hazard, to afford relief. Under this criterion, the variance that is granted should be for the minimum deviation from the flood requirements that will still alleviate the hardship. In the case of variance to an elevation requirement, this does not mean approval to build at grade level or to whatever elevation an applicant proposes, but rather to a level that the director of public works determines will provide relief and preserve the integrity of the flood ordinance; and (4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause “fraud or victimization” (as defined in section 27-12) of the public, or conflict with existing local laws or ordinances. Under this criterion, an applicant must demonstrate that flood levels will not be raised above the base flood elevations. 27-27 § 27-27H AWAI‘I C OUNTY C ODE (d) Variances may be issued for new construction, improvements to repetitive loss structures, substantial improvement, and other proposed new development necessary for the conduct of a “functionally dependent use” (as defined in section 27-12) provided that the provisions of paragraphs 27-27(a) through 27-27(c) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (e) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (f) Variances may be issued for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (g) Variances may be approved with conditions. Such conditions may include: (1) Modification of the construction or substantial improvement, including the sewer and water facilities. (2) Limitations on periods of use and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channels, dikes, ditches, swales, levees, and other flood-protective measures. (5) Floodproofing measures designed consistent with the regulatory flood elevation, flood velocities, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. (6) Other conditions as may be required by the director of public works to promote public welfare and safety. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 18.)27-27 Section 27-28. Application for variance. An application for a variance shall be submitted to the director of public works, signed and stamped by a licensed professional engineer or architect, and shall include three sets of documents with the following information as may be applicable: (a) Plans and specifications showing the site and location; dimensions of all property lines and topographic elevation of the lot; existing and proposed structures and improvements, fill, storage area; locations and elevations of existing and proposed streets and utilities; floodproofing measures; relationship of the site to the location of the flood boundary; floodway; and the existing and proposed flood control measures and improvements. (b) Cross-sections and profile of the area and the regulatory flood elevations and profile based on elevation reference marks on flood maps. (c) Flood study and drainage report in areas where a study and report have not been reviewed and accepted by the County of Hawai‘i. 27-28 F LOODPLAIN M ANAGEMENT§27-28 (d) Description of surrounding properties and existing structures and uses and the effect of the regulatory flood on them caused by the variance. (e) Evaluation and supporting information for the variance with respect to the factors to be considered by the director of public works as listed in paragraphs 27-27(a) through 27-27(f). (f) An agreement that a covenant will be inserted in the deed and other conveyance documents of the property and recorded with the bureau of conveyances of the State of Hawai‘i, stating that the property is located in a flood hazard area subject to flooding and flood damage; that a flood hazard variance to construct a structure below the base flood elevation will result in increased flood insurance rates and increases flood risks to life and property; that the property owners will not file any lawsuit or action against the County of Hawai‘i for costs or damages or any claim; that the property owners will indemnify and hold harmless the County of Hawai‘i from liability when such loss, damage, injury, or death results due to any flood hazard variance and flooding of the property; and that upon approval of the variance, the covenants shall be fully executed and proof of recording with the bureau of conveyances shall be submitted to the director of public works prior to the issuance of a building permit. (g) Such other information as may be relevant and requested by the director of public works. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 19.)27-28 Section 27-29. Review of variance applications. The director of public works shall review variance applications and shall consider all technical evaluations, relevant factors, standards specified in other sections of this chapter, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger of life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and floodplain management program, if any, for that area; (i) The safety of access to the property in time of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 27-29 § 27-29H AWAI‘I C OUNTY C ODE (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. (l) Upon consideration of the factors of paragraphs 27-29(a) through 27-29(k) and the purposes of this chapter, the director of public works may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1.)27-29 Section 27-30. Recording and reporting of variances. (a) Any applicant to whom a variance is granted shall be given written notice over the signature of the director of public works that: (1) The issuance of a variance to construct a structure at elevations below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; (2) Such construction below the base flood level increases risks to life and property; and (3) A copy of the notice shall be recorded with the State of Hawai‘i bureau of conveyances and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (b) A record of all variance actions, including justifications for issuance of any variance and written notices, shall be maintained by the director of public works. A report of the variances issued shall be included in the biennial report submitted to the Federal Emergency Management Agency. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 20.)27-30 Section 27-31. Appeals. The circuit court of the third circuit, County of Hawai‘i, State of Hawai‘i shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration or enforcement of this chapter. (1993, ord 93-78, sec 3.)27-31 Article 6. Enforcement. Section 27-32. Right to enter. Authorized representatives of the County of Hawai‘i are empowered to enter and inspect properties, both public and private, for the purposes of investigating compliance with the provisions of this chapter. The representatives shall, upon request, provide proper identification and state the purpose of the investigation. (1993, ord 93-78, sec 3.)27-32 27-30 F LOODPLAIN M ANAGEMENT§27-33 Section 27-33. Notice of violation. Whenever any person, firm, or corporation violates any provision of this chapter, the director of public works shall serve, either through certified mail or by hand delivery, a notice of violation to the parties responsible for the violation. (a) The notice of violation shall identify the violation and require the responsible party to correct the violation and comply with applicable requirements of this chapter. (b) The notice of violation shall include at least the following information: (1) The date of the notice; (2) The name and address of the person served with the notice; (3) The tax key number of the property where the violation has been identified; (4) The section number of the chapter or other law which has been violated; (5) The nature of the violation; (6) The corrective measures required to comply with this chapter; (7) The deadline date for compliance with the notice. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1.)27-33 Section 27-34. Administrative order. (a) In lieu of or in addition to section 27-33, if the director of public works determines that any person, firm, or corporation is not complying with the requirements of this chapter or a notice of violation for a violation of this chapter, the director of public works may have the party responsible for the violation served, by certified mail or delivery, with an order pursuant to this section. (b) The order may require the party responsible for the violation to do any or all of the following: (1) Correct the violation within the time specified in the order; (2) Pay a civil fine of not less than $500 and not more than $1,000 in the manner, at the place, and before the date specified in the order; (3) Pay a civil fine of not less than $500 per day and not more than $1,000 per day for each day that the violation persists, in the manner and at the time and place specified in the order. (c) The order shall become final thirty days from the date of service unless the party served requests a hearing under chapter 91, Hawai‘i Revised Statutes. If a hearing is requested, no fine shall be imposed except upon completion of the hearing. In determining the amount of the fine, the director of public works shall consider the seriousness of the violations, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the fine on the violator, and such other considerations that have a bearing on the amount of the fine. (d) The director of public works may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director of public works need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine has not been paid. (1993, ord 93-78, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-169, sec 21.)27-34 27-31 § 27-35H AWAI‘I C OUNTY C ODE Section 27-35. Injunctive relief. Whenever a person, firm, or corporation has violated or continues to violate the provisions of this chapter, notice of violation, or administrative order issued relevant to this article, the County of Hawai‘i may petition the circuit court of the third district, State of Hawai‘i, or the United States District Court, State of Hawai‘i, through the County of Hawai‘i’s corporation counsel, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the provisions of this chapter, notice of violation, or administrative order. Such other action as appropriate for legal and/or equitable relief may also be sought by the County of Hawai‘i. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. (1993, ord 93-78, sec 3.)27-35 Section 27-36. Criminal enforcement. A violation of the requirements of this chapter shall constitute a misdemeanor. Any person violating the provisions of this chapter shall upon conviction be punished by a fine of $1,000 or by imprisonment not exceeding one year, or both, except that in cases where such offense shall continue after due notice, each day’s continuance of the same shall constitute a separate offense. (1993, ord 93-78, sec 3.)27-36 Section 27-37. Removal of encroachment and/or obstruction notices. In addition to any other section, if any encroachment and/or obstruction exists, under, over or through any portion of a drainageway, floodway, levee system or watercourse within the County and the encroachment and/or obstruction is observed, or a complaint made to the department of public works of the County of Hawai‘i, then the department of public works shall investigate and forthwith, give notice to the owner to remove the encroachment and/or obstruction in the manner provided in this article. (1997, ord 97-128, sec 1; am 2007, ord 07-169, sec 22.)27-37 Section 27-38. Removal by County; costs. If the encroachment and/or obstruction is not removed or its removal is not commenced and diligently prosecuted prior to the expiration of thirty days after mailing of notice, the department of public works may proceed to remove the encroachment and/or obstruction by itself or contract for its removal. All costs incurred in the course of removing the encroachment and/or obstruction shall be paid by owner and the County may institute an action to recover costs and expenses for removal of the encroachment and/or obstruction. The County may also place a lien against the encroaching and/or obstructing parcel for any uncollected costs. (1997, ord 97-128, sec 1.)27-38 27-32 CHAPTER 28 STATE LAND USE DISTRICT BOUNDARY AMENDMENT PROCEDURES Section 28-1. Title. Section 28-2. Scope and applicability. Section 28-3. Contents of petition. Section 28-4. Review of petition by planning director. Section 28-5. Review of petition by planning commission. Section 28-6. Standards for review of petitions. Section 28-7. Notification of decision. Section 28-8. Consolidated proceeding with other land use changes. i This page intentionally left blank. S TATE L AND U SE D ISTRICT B OUNDARY A MENDMENT P ROCEDURES§28-1 CHAPTER 28 STATE LAND USE DISTRICT BOUNDARY AMENDMENT PROCEDURES Section 28-1. Title. This chapter may be cited as the State land use district boundary amendment procedures. (1986, ord 86-126, sec 2.) 28-1 Section 28-2. Scope and applicability. (a) The County council by ordinance may amend the districting of such lands fifteen acres or less located in the State land use urban, rural, and agricultural districts. This chapter, however, does not apply to those lands situated within the State land use conservation district classification. (b) Filing of Petition. (1) Petitions shall be on a form prescribed by the planning director and shall be filed with the planning department for processing, evaluation, and review pursuant to sections 28-4 and 28-5. (2) A petition for a change in the boundary or a district involving lands fifteen acres or less presently in the urban, rural and agricultural districts may be filed by any department or agency of the State or County, or any person with a property interest in the land sought to be reclassified. (3) Petitions may also be initiated by the County council by resolution of the council. (1986, ord 86-126, sec 2.) 28-2 Section 28-3. Contents of petition. (a) A petition for a district boundary amendment shall include the following: (1) A description of the property, including the tax map key and acreage, with maps that identify the subject area. (2) The exact legal name of each applicant and the location of the principal place of business, and if an applicant is a corporation, trust, or association, or other organized group, the state in which the applicant was organized or incorporated. (3) The name, title and address of the person to whom correspondence or communication in regard to the application are to be addressed. Notice, orders, and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant. (4) A statement regarding the applicant's proprietary interest in subject property. (5) The reclassification sought and the present use of the property. (6) A statement regarding the reasons for the requested change. If development is proposed, a written description of the proposed development. 28-1 § 28-3H AWAI‘I C OUNTY C ODE (b) Upon receipt of a properly filed and completed petition, the planning director, on behalf of the County council shall serve a copy of the petition to the State land use commission and the State department of planning and economic development.* (1986, ord 86-126, sec 2.) 28-3 * Editor's Note: The department of planning and economic development was renamed the department of business, economic development, and tourism by Act 293, Session Laws of Hawai‘i, 1990. Section 28-4. Review of petition by planning director. Within ninety days of acceptance of a petition or such longer period as may be agreed to by the applicant, the planning director shall submit the director’s recommendation to either the windward or leeward planning commission, or both acting jointly, as provided for in the Charter. The director shall recommend either the approval or denial of the proposed amendment to the designated planning commission, or joint commission, subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. (1986, ord 86-126, sec 2; am 2009, ord 09-118, sec 21.) 28-4 Section 28-5. Review of petition by planning commission. (a) For the purposes of this section, “planning commission” means either the windward or leeward planning commission, or both acting as a joint commission, as provided for in the Charter. (b) Within sixty days of the planning director’s recommendation, the planning commission shall conduct at least one hearing on the petition. The planning commission, on behalf of the County council, shall notify the State land use commission and the State department of business, economic development, and tourism of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. After conclusion of the hearing, the planning commission shall recommend either the approval or denial of the proposed amendment to the County council subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. The planning commission shall forward a report concerning its findings and recommendation to the County council through the mayor. Prior to the planning commission’s forwarding its report to the council, the applicant shall file with the planning department a map and description by metes and bounds of property as certified by a surveyor. (1986, ord 86-126, sec 2; am 2009, ord 09-118, sec 22.) 28-5 Section 28-6. Standards for review of petitions. In reviewing a district boundary amendment petition, consideration shall be given to the purposes of the existing and proposed districts as set forth in section 205-2, Hawai‘i Revised Statutes, and the purpose of this chapter. No amendment shall be approved unless it conforms to the general plan. However, a proposed amendment may be combined with a request to change the general plan. (1986, ord 86-126, sec 2.) 28-6 28-2 S TATE L AND U SE D ISTRICT B OUNDARY A MENDMENT P ROCEDURES§28-7 Section 28-7. Notification of decision. A change in the State land use district boundaries pursuant to this chapter shall become effective on the day designated by the County council in its decision. Within thirty days of the effective date of the County council's decision, the planning director, on behalf of the County council, shall transmit the decision and the description and map of the affected property to the State land use commission and the State department of planning and economic development.* (1986, ord 86-126, sec 2.) 28-7 * Editor's Note: The department of planning and economic development was renamed the department of business, economic development, and tourism by Act 293, Session Laws of Hawai‘i, 1990. Section28-8.Consolidated proceeding with other land use changes. A petition for a State land use district boundary amendment may be submitted for consolidated review and processing, including any public hearing, with other land use changes and applicable permits such as proceedings to amend the general plan or zoning of the affected land. (1986, ord 86-126, sec 2.) 28-8 28-3 This page intentionally left blank. CHAPTER 29 WATER USE AND DEVELOPMENT Article 1. Water Use and Development Plan. Section 29-1. Purpose. Section 29-2. Adoption of the Hawai‘i County water use and development plan. Section 29-3. Amendments. Section 29-4. Plan review. Article 2. Public Water Spigots. Section 29-5. Authority; Applicability; Use of Public Water Spigots. Section 29-6. Penalty. i This page intentionally left blank. W ATER U SE A ND D EVELOPMENT§29-1 CHAPTER 29 WATER USE AND DEVELOPMENT Article 1. Water Use and Development Plan. Section 29-1. Purpose. The State water code, chapter 174C, Hawai‘i Revised Statutes, mandates the preparation and adoption of a water use and development plan by each County for incorporation into the Hawai‘i water plan. The contents of the County water use and development plan are dictated by chapter 174C. The purpose of this chapter is to comply with the dictates of chapter 174C and adopt the water use and development plan. (1990, ord 90-60, sec 1; am 2011, ord 11-7, sec 3.)29-1 Section 29-2. Adoption of the Hawai‘i County water use and development plan. The Hawai‘i County water use and development plan of August 2010, incorporated herein by reference, is hereby adopted, and any revision, amendment, or modification of the same, pursuant to section 29-3, shall be deemed a part of the plan without further adoption or amendment to this chapter and shall be incorporated into this chapter by reference. (1990, ord 90-60, sec 1; am 2011, ord 11-7, sec 3.)29-2 Section 29-3. Amendments. The department of water supply, acting through its water board, shall have the authority to propose amendments to the water use and development plan. The water board shall hold one public hearing in East Hawai‘i and one public hearing in West Hawai‘i on all proposed amendments. The water board shall transmit the proposed amendments to the council for approval. Within ninety days of receipt of a proposed amendment, the council shall act upon the amendment. If the council fails to act within the ninety days, the amendment shall be deemed approved. (1990, ord 90-60, sec 1; am 2011, ord 11-7, sec 3.)29-3 Section 29-4. Plan review. The Hawai‘i County water use and development plan shall be reviewed as required by the State water code, chapter 174C, Hawai‘i Revised Statutes. (1990, ord 90-60, sec 1; am 2011, ord 11-7, sec 3.)29-4 29-1 § 29-5H AWAI‘I C OUNTY C ODE Article 2. Public Water Spigots. Section 29-5. Authority; Applicability; Use of Public Water Spigots. (a) Public water spigot areas and water spigots shall be maintained by the department of public works. (b) Public water spigots may be used by the public to obtain potable water, subject to the provisions of this section. This section shall not apply to any commercial water filling stations operated by the department of water supply. (c) Public water spigot areas shall be for the loading of water only. All other use and activity shall be strictly prohibited. (d) Use of public water spigots shall be limited to the maximum legal weight capacity of the transporting vehicle. At least one public water spigot at each public water spigot area shall be reserved for users drawing fifty-five gallons of water or less. (e) The civil defense agency shall have jurisdiction over public water spigots in the event of impending or declared disaster, and may restrict access as conditions allow. The civil defense agency may authorize any agency or individual to control public water spigots. The civil defense agency shall determine when the need for emergency access to water has subsided to the degree that any restrictions placed on access to public water spigots are thus rescinded and shall provide notification to the public of such rescission. (2010, ord 10-62, sec 4.)29-5 Section 29-6. Penalty. Any person convicted of any offense under this article shall be sentenced to pay a fine not to exceed $500. (2010, ord 10-62, sec 4.)29-6 29-2 CHAPTER 30 DEVELOPMENT AGREEMENTS Section 30-1. Title. Section 30-2. Purpose. Section 30-3. Definitions. Section 30-4. General authorization. Section 30-5. Negotiating development agreements. Section 30-6. Material breach; termination of agreement. Section 30-7. Development agreement provisions. Section 30-8. County general plan and community development plans. Section 30-9. Amendment, cancellation or satisfaction. Section 30-10. Enforceability; applicability. Section 30-11. Administrative act. Section 30-12. Filing or recordation. i This page intentionally left blank. D EVELOPMENT A GREEMENTS§30-1 CHAPTER 30 DEVELOPMENT AGREEMENTS Section 30-1. Title. This chapter may be cited as the development agreement code. (1993, ord 93-37, sec 2.)30-1 Section 30-2. Purpose. The purpose of this chapter is to authorize the executive branch of the County of Hawai‘i to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property in accordance with chapter 46, part VII, Hawai‘i Revised Statutes, relating to development agreements, and as amended from time to time, and to provide assurances to the parties to the development agreement of the following: (a) That the developer for that particular project may proceed in accordance with all applicable statutes, ordinances, rules, resolutions or policies in effect at the effective date of the development agreement; (b) That the project will not be restricted or prohibited by the subsequent enactment or adoption of more restrictive statutes, ordinances, rules, resolutions or policies; (c) That the County of Hawai‘i may contract with the developer to ensure commitments for on-site and off-site development requirements necessary to preserve the public health, safety and welfare; and (d) That the project will be prosecuted and completed in a timely manner and that the public interest will be protected. (1993, ord 93-37, sec 2.)30-2 Section 30-3. Definitions. Whenever used in this chapter, the following words and phrases shall be defined as follows: (1) “County” means the County of Hawai‘i, a municipal corporation, acting through its mayor. (2) “Designated agency” means the County executive agency designated by the mayor to specify, assemble, review, and coordinate information required by governmental agencies, and to administer development agreements after such agreements become effective. (3) “Development agreement” means a written agreement for specified periods of time between the County, any governmental entity or agency made a party thereto, and any person having a legal or equitable interest in real property for the purpose of vesting the right to develop such property in accordance with laws, ordinances, resolutions, rules, and policies of any governmental entity or agency made party to the agreement in effect at the time such agreement is executed, and for the purpose of delineating development 30-1 § 30-3H AWAI‘I C OUNTY C ODE requirements that may include, but are not limited to, affordable housing, design standards, water allocations, dedications of real or personal property, on-site and off-site infrastructure and other development related improvements and government services which shall be approved by resolution of the County council and executed by the mayor on behalf of the County. (4) “Governmental entity or agency” means and includes, without limitation, the County of Hawai‘i and its County council, the State of Hawai‘i, the United States of America and their officers, agencies, boards and commissions. (5) “Person” means an individual, group, partnership, firm, association, corporation, trust, governmental official, administrative body, tribunal or any form of business or legal entity. (6) “Principal” means any person and its successors in interest or assigns who has entered into a development agreement pursuant to this chapter, and who has a legal or equitable interest in the real property which is the subject of the development agreement. (1993, ord 93-37, sec 2.)30-3 Section 30-4. General authorization. (a) The office of the mayor is authorized to negotiate, prepare, and administer a development agreement, in accordance with this chapter, with any principal. (b) The mayor may enter into development agreements on behalf of the County, upon approval by the County council by resolution, in accordance with the terms, conditions, and requirements of this chapter, pursuant to section 46-123, Hawai‘i Revised Statutes. (c) The office of the mayor shall make such rules and regulations as necessary to implement this chapter pursuant to chapter 91, Hawai‘i Revised Statutes. (d) Negotiation of and the decision to participate in a development agreement shall be entirely voluntary on the County and the principal. Once entered into, the parties to a development agreement shall be bound by the terms of the development agreement, the development agreement code and chapter 46, part VII, Hawai‘i Revised Statutes, relating to development agreements, and as amended from time to time. (1993, ord 93-37, sec 2.)30-4 Section 30-5. Negotiating development agreements. (a) A proposed development agreement may be negotiated at the request of a principal or the County by submitting an application to the office of the mayor. (b) The application for the development agreement shall as a minimum contain: (1) The name and business address of the principal; (2) A description of the subject land; (3) Specification by written narrative including maps, site plans, and any other documents or materials as may be appropriate, of the proposed uses of the property; 30-2 D EVELOPMENT A GREEMENTS§30-5 (4) Information concerning the location of any trails, easements or other ways on the subject property, public or private, the rights, if any, of adjoining or other landowners in and to the subject property, burial sites and historic property subject to the provisions of chapter 6E, Hawai‘i Revised Statutes, and an assessment of the impact of the proposed project on the subject real property, surrounding community and public resources; (5) Other information which the County or its designated agency may determine to be necessary for the proper review and evaluation of the subject application and the preparation of any development agreement; and (6) Proposed terms of the development agreement. (c) Copies of the development agreement application shall be sent to appropriate governmental agencies for review and comment. (d) The office of the mayor shall submit the final draft of every proposed development agreement and amended development agreement, pursuant to section 30-9 of this chapter, to the County council for its action by resolution to either approve as submitted, modify and approve as modified, or reject. (e) County council approval by resolution shall be a precondition for execution of a development agreement by the mayor. (f) No development agreement shall be entered into unless the County council shall have held a public hearing on the proposed development agreement in the council district where the subject property and development requirements are located. In the event that the location of either the subject property or the proposed development requirements set forth in the development agreement are located in more than one council district, the public hearing shall be held in the council district most affected by the proposed development as determined by the County. (g) Every development agreement shall describe the real and personal property and services to be given by the principal, the County and/or other parties thereto as consideration for such agreement together with the terms of payment, conveyance or provision thereof. (1993, ord 93-37, sec 2.)30-5 Section 30-6. Material breach; termination of agreement. (a) If, at any time, the office of the mayor finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the office of the mayor shall serve notice in writing, within thirty days after the finding of a material breach, upon the principal setting forth with reasonable particularity the nature of the breach and evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach. (b) If the principal fails to cure the material breach within the time period given, then the County unilaterally may terminate or modify the agreement, provided that the office of the mayor has first given the principal the opportunity: (1) to rebut the 30-3 § 30-6H AWAI‘I C OUNTY C ODE finding and determination of the material breach; or (2) to agree to amend the agreement as the office of the mayor may elect to propose in order to cure the material breach pursuant to section 30-9 of this chapter. (c) In the event that (1) the principal does not agree to such amendments proposed by the office of the mayor or as subsequently modified by the County council, pursuant to section 30-9 of this chapter, or (2) the County council rejects the amendments proposed by the office of the mayor, the County may terminate the development agreement by County council resolution. (1993, ord 93-37, sec 2.)30-6 Section 30-7. Development agreement provisions. (a) A development agreement shall, as a minimum: (1) Describe the land subject to the development agreement; (2) Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings; (3) Provide, where appropriate, for reservation or dedication of land or easements for public purposes to include but not limited to roads, water, drainage, waste disposal, public utilities, public safety facilities, and open space as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect at the effective date of the development agreement; and (4) The development agreement shall provide commencement dates and completion dates for the requirements set forth therein; provided that: (A) Such dates as may be set forth in the agreement may be extended upon the request of the principal for good cause shown, subject to, however, the approval of the County wherein such approval shall be at the sole discretion of the County and the cumulative total of extensions shall not exceed one year in any five year period; (B) In the event a party to the development agreement requests an extension of a specified duration as a result of any delay in the performance of any of the obligations of the parties to the agreement hereunder and which occurs as a result of unforeseeable causes beyond the control and without the fault or negligence of any party to the development agreement, including, but not limited to, acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes or walkouts, freight embargoes, or unusually severe weather, a reasonable extension of time for the commencement, completion, or termination dates shall be granted by the other parties thereto for the performance of the terms of the development agreement notwithstanding any time limitations otherwise applicable in this section; and (C) The parties shall not be precluded from further extending such dates by mutual agreement or from entering into subsequent agreements subject to the approval of the County council as provided herein. 30-4 D EVELOPMENT A GREEMENTS§30-7 (5) Provide a termination date; provided that the parties shall not be precluded from amending the development agreement pursuant to section 30-9 of this chapter to extend the termination date by mutual agreement or from entering into subsequent development agreements. (b) The development agreement also may cover any other matter not inconsistent with this chapter, nor prohibited by law. (c) In addition to the County and principal, any Federal, State, or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to any agreement, the agreement shall specify which agency shall be responsible for the overall administration of the agreement. (d) The development agreement shall provide that the principal shall submit an annual report of compliance with the terms and conditions of the development agreement to the office of the mayor or its designated agency. That office or agency shall review such report for adequacy and accuracy and shall forward a copy of the annual report together with its findings and any other comments to the County council within a reasonable time thereafter. (1993, ord 93-37, sec 2.)30-7 Section 30-8. County general plan and community development plans. No development agreement shall be entered into unless the County council finds that the provisions of the proposed development agreement are consistent with the County’s general plan and any applicable community development plans adopted by the County council as of the effective date of the development agreement. In the event of any inconsistency between the general plan and the applicable community development plan, the County general plan shall prevail. Nothing in this chapter shall be construed to prohibit concurrent processing of a development agreement and any other land use application for that subject property, including but not limited to an amendment to governmental land use designation, district, zoning, or any special or use permits. (1993, ord 93-37, sec 2.)30-8 Section 30-9. Amendment, cancellation or satisfaction. (a) A development agreement may be amended or canceled, in whole or in part by County council resolution, by mutual consent of the parties to the agreement, or their successors in interest; provided that if the County determines that the proposed amendment would substantially alter the original development agreement, a public hearing on the amendment shall be held by the County council before it approves any proposed amendments. Nonsubstantive or technical amendments, as may be defined in a development agreement, shall only require the approval of the office of the mayor without action by the County council. (b) Upon the satisfaction of the requirements and terms of the development agreement and upon the request of the office of the mayor, the County shall declare by County council resolution that the development agreement is satisfied. (1993, ord 93-37, sec 2.)30-9 30-5 § 30-10H AWAI‘I C OUNTY C ODE Section 30-10. Enforceability; applicability. (a) Unless terminated pursuant to section 30-6, or canceled pursuant to section 30-9, a development agreement, amended development agreement, or modified development agreement, once entered into, shall be enforceable by any party thereto, or their successors in interest or assigns, notwithstanding any subsequent change in any applicable law adopted by the County of Hawai‘i or any party thereto, which alters or amends the laws, ordinances, resolutions, rules, or policies specified in this chapter. (b) All laws, ordinances, resolutions, rules, and policies governing permitted uses of the land that is the subject of the development agreement, including but not limited to uses, density, design, height, size, and building specification of proposed buildings, construction standards and specifications, affordable housing, community benefit assessments, water utilization and impact fee/assessment requirements applicable to the development of the property subject to a development agreement, shall be those laws, ordinances, resolutions, rules, regulations, and policies made applicable and in force at the time of execution of the agreement. The development agreement shall specify whether any subsequent change in any applicable law adopted by the County or any other governmental entity or agency entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part and such subsequent change shall be void as applied to property subject to any such agreement to the extent that it changes any law, ordinance, resolution, rule, or policy which any party to the agreement has agreed to maintain in force as written at the time of execution. The development agreement shall not prevent a government body from requiring the principal to comply with laws, ordinances, resolutions, rules, and policies of general applicability enacted subsequent to the date of the development agreement if under prior law they could have been lawfully applied to the subject property or any uses thereof at the time of execution of the agreement and if the County, County council or any other governmental entity or agency entering into such agreement finds it necessary to impose the requirements because a failure to do so would place the residents of the affected community in a condition perilous to the residents’ health or safety, or both. (1993, ord 93-37, sec 2.)30-10 Section 30-11. Administrative act. Pursuant to section 46-131, Hawai‘i Revised Statutes, each development agreement shall be deemed an administrative act of the governmental entity or agency made party to the agreement. (1993, ord 93-37, sec 2.)30-11 30-6 D EVELOPMENT A GREEMENTS§30-12 Section 30-12. Filing or recordation. The designated agency shall be responsible to file or record copies of the development agreement or any amendment thereto in the office of the assistant registrar of the land court of the State of Hawai‘i or in the bureau of conveyances, or both, whichever is appropriate, within twenty days after the effective date of the development agreement or any amendment thereto. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (1993, ord 93-37, sec 2.)30-12 30-7 This page intentionally left blank. CHAPTER 31 ENTERPRISE ZONE PROGRAM Section 31-1. Purpose. Section 31-2. Definitions. Section 31-3. Nomination and designation of enterprise zones. Section 31-4. Duration of enterprise zones and other requirements. Section 31-5. Amendment of enterprise zones. Section 31-6. Provision of County incentives. i This page intentionally left blank. E NTERPRISE Z ONE P ROGRAM§31-1 CHAPTER 31 ENTERPRISE ZONE PROGRAM Section 31-1. Purpose. The council finds that the State of Hawai‘i, through chapter 209E, Hawai‘i Revised Statutes, and chapter 6 of title 15, Hawai‘i Administrative Rules, has established procedures for the designation of enterprise zones for the purpose of stimulating business and industrial growth. Pursuant to said chapter and rules, qualified businesses in enterprise zones shall be entitled to the following State incentives: a seven-year exemption from general excise taxes on gross proceeds from all business conducted within an enterprise zone; an eighty percent income tax abatement the first year, decreasing ten percent each year thereafter over the next six years; and an income tax credit in an amount equal to eighty percent of the unemployment taxes paid during the first year, decreasing ten percent each year thereafter over the next six years. The council further finds that the County may nominate up to six enterprise zones for designation by the governor. Following designation of the nominated enterprise zone or zones, the State will accept applications from qualified businesses interested in participating in the enterprise zone program. The purpose of this chapter is to set forth County procedures for the nomination, designation, amendment, provision of County incentives, and other requirements for enterprise zones. (1994, ord 94-8, sec 1.)31-1 Section 31-2. Definitions. Unless it is plainly evident from the context that a different meaning is intended, words and phrases used in this chapter are defined as follows: “Council” means the council of the County of Hawai‘i. “DBEDT” means the department of business, economic development and tourism, State of Hawai‘i. “Qualified business” means any corporation, partnership, or sole proprietorship authorized to do business in the State which is: (1) Subject to the State corporate or individual income tax under chapter 235, Hawai‘i Revised Statutes; the public service company tax under chapter 239, Hawai‘i Revised Statutes; or the bank and financial corporation tax under chapter 241, Hawai‘i Revised Statutes; (2) Engaged in manufacturing, the wholesale sale of tangible personal property, or a service business or calling; (3) Qualified under section 209E, Hawai‘i Revised Statutes. “Service business or calling” means any corporation, partnership, or sole proprietorship that acts upon or processes tangible personal property, such as cleaning, repair and maintenance, and does not mean activities which are not performed upon tangible personal property. (1994, ord 94-8, sec 1.)31-2 31-1 § 31-3H AWAI‘I C OUNTY C ODE Section 31-3. Nomination and designation of enterprise zones. (a) The mayor or council may nominate an area to be designated as an enterprise zone; provided, that all nominations shall be approved by the council by resolution. (b) The nominated area shall be located within one or more contiguous United States census tracts that, based upon the latest census tract data, meet at least one of the following criteria: (1) Twenty-five percent or more of the population of the area shall have incomes below eighty percent of the median family income of the County; or (2) The unemployment rate in the area shall be one and a half times the average unemployment rate for the State. (c) In nominating an area for designation as an enterprise zone, the mayor and the council shall consider the economic conditions of the area, the potential benefits which may accrue to the County from business and industrial development in the area, and the need and potential for job creation in the area. (d) Following approval by the council by resolution, the mayor or the mayor's designated representative shall submit an application to the State DBEDT for processing and recommendation to the governor for designation of the nominated area as an enterprise zone. The application shall include: (1) A written description of the boundaries of the proposed zone; (2) A map identifying the proposed enterprise zone boundaries relative to the boundaries of the census tracts that will be fully or partially included in the zone; and, relative to the State land use district classifications, publicly held lands, and County general plan and/or development plan designations; and (3) A statement indicating the local incentives proposed by the County. (1994, ord 94-8, sec 1.)31-3 Section 31-4. Duration of enterprise zones and other requirements. (a) Upon designation by the governor of an area as an enterprise zone, the said enterprise zone shall retain enterprise zone status for a twenty-year period beginning on the date of the governor's designation. The amendment of a zone status under section 31-5 of this chapter shall not extend the twenty-year period. (b) Within sixty days of the designation by the governor of an area as an enterprise zone, the mayor or the mayor's designated representative shall submit to the DBEDT a survey of the existing business conditions within the said enterprise zone. (c) Annually, and within sixty days after the anniversary date of zone designation by the governor, the mayor or the mayor's designated representative shall submit to the DBEDT a report evaluating the enterprise zone program's effectiveness upon the said enterprise zone. (d) If any portion of an area designated as an enterprise zone is subsequently included in an area designated as an enterprise zone by an agency of the Federal government, the said enterprise zone shall be enlarged to include the area designated by the Federal government. 31-2 E NTERPRISE Z ONE P ROGRAM§31-4 (e) Upon designation of an area as an enterprise zone, the County may make available for sale or lease, under appropriate law, all County-owned land within the zone not designated or targeted for public use, with the condition that it be developed as defined in chapter 209E, Hawai‘i Revised Statutes, and chapter 6 of title 15, Hawai‘i Administrative Rules. (1994, ord 94-8, sec 1.)31-4 Section 31-5. Amendment of enterprise zones. (a) The mayor or council may initiate a request to amend a designated enterprise zone; provided, that all such requests shall be approved by the council by resolution. (b) Requests for amendments may be considered if the amendments relate to: (1) Changes in local program incentives; (2) Changes in zone boundaries; or (3) Termination of the zone. (c) Following approval by the council by resolution, the mayor or the mayor's representative shall submit a written notification of the requested amendment to the State DBEDT for review and forwarding to the governor for approval. If approved by the governor, the requested amendment shall take effect on the date of the governor's approval. (1994, ord 94-8, sec 1.)31-5 Section 31-6. Provision of County incentives. (a) County incentives shall be proposed at the time of initial application for the designation of a nominated enterprise zone or proposed as amendments to a previously designated enterprise zone. (b) Proposed incentives may be made generally available throughout the zone, or available only to certain types of businesses, or available only for limited periods of time. (c) Should the County be unable or unwilling to continue any approved County incentives, the mayor or the mayor's designated representative shall notify the DBEDT. On the date the notification is received by the DBEDT, such incentives shall terminate. (1994, ord 94-8, sec 1.)31-6 31-3 This page intentionally left blank. CHAPTER 32 SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS Article 1. General Provisions. Section 32-1. Citation. Section 32-2. Provision of alternate method of financing special improvements. Section 32-3. Conflicting provisions of other laws. Section 32-4. Actions and determinations of council. Section 32-5. Powers reserved to council. Section 32-6. Limitation on challenges; exhaustion of remedies. Section 32-7. Types of special improvements. Section 32-8. Payment of existing assessments or debt service. Section 32-9. Transfer of moneys. Section 32-10. Special levy. Section 32-11. Revolving fund. Section 32-12. Contribution by County. Section 32-13. Advances of funds or work in-kind. Section 32-14. Construction of chapter. Section 32-15. Validity of proceedings. Section 32-16. Definitions. Section 32-17. Property acquired by County or other public entity. Article 2. District Establishment Procedures. Section 32-18. Institution of procedures. Section 32-19. Petition requesting institution of the procedure. Section 32-20. Adoption of resolution of intention. Section 32-21. Reports of facilities. Section 32-22. Published notice of hearing. Section 32-23. Mailed notice of hearing. Section 32-24. Waiver of notice and hearing by petition. Section 32-25. Addition of territory at the hearing. Section 32-26. Protests. Section 32-27. Protest by more than fifty-five percent. Section 32-28. Duration of hearing; determination. Section 32-29. Adoption of ordinance of formation. Section 32-30. Special tax; apportionment. Section 32-31. Establishment of district boundaries. Section 32-32. Levy of special tax. i Article 3. Changes in Term of District, Authorized Facilities and Special Taxes. Section 32-33. Facilities specified in ordinance. Section 32-34. Levy of special tax as specified in ordinance. Section 32-35. Elimination of facilities in ordinance. Section 32-36. Authorization to change term, facilities or special taxes. Section 32-37. Petition for changes in term, facilities or taxes. Section 32-38. Form of petition. Section 32-39. Form of ordinance for changes in term, facilities or taxes. Section 32-40. Notice of hearing on ordinance. Section 32-41. Protests. Section 32-42. Protest by more than fifty-five percent. Section 32-43. Duration of hearing; abandonment of proceedings. Section 32-44. Filing of notice. Section 32-45. Application to improvement area. Article 4. Annexation of Territory. Section 32-46. Authorization to annex; contiguity not required. Section 32-47. Ordinance of annexation. Section 32-48. Contents of ordinance of annexation. Section 32-49. Notice of hearing. Section 32-50. Protests. Section 32-51. Protest by more than fifty-five percent. Section 32-52. Duration of hearing; abandonment; election. Article 5. Procedures for Levying Special Tax. Section 32-53. Levy of special tax. Section 32-54. Levy of special tax on leasehold or possessory interest in property. Section 32-55. Challenges to special taxes. Section 32-56. Notice of cancellation of special tax authorization upon prepayment of special tax. Article 6. Bonds. Section 32-57. Bond ordinance. Section 32-58. Expenses includable in proposed bonded indebtedness. Section 32-59. Designation of improvement area. Section 32-60. Foreclosure action to collect unpaid special taxes. Section 32-61. Signing of bonds. Section 32-62. Levy of amount of special taxes. Section 32-63. Manner of sale. Section 32-64. Action to determine validity. ii Section 32-65. Refunding bonds. Section 32-66. Limitations on issuance of refunding bonds. Section 32-67. Necessity of procedures for original bond issue. Section 32-68. Payment of designated costs of issuing refunding bonds. Section 32-69. Designated costs of issuing the refunding bonds. Section 32-70. Reduction of refunding bond taxes. Section 32-71. General obligation bonds. Section 32-72. Debt limit calculation. iii This page intentionally left blank. S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-1 CHAPTER 32 SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS Article 1. General Provisions. Section 32-1. Citation. This chapter shall be known as the community facilities districts code. (1994, ord94-77,sec3.)32-1 Section 32-2. Provision of alternate method of financing special improvements. This chapter is adopted pursuant to section 46-80.1, Hawai‘i Revised Statutes, as amended, and provides a complete, additional and alternative method of performing the acts authorized by this chapter, and the council may use the provisions of this chapter in addition to, in combination with or instead of any other law for or related to the creation of districts, the levying, assessment and collection of special taxes, the financing of facilities, the issuance of bonds and other matters covered by this chapter. (1994, ord 94-77, sec 3.)32-2 Section 32-3. Conflicting provisions of other laws. Any provision in this chapter which conflicts with any other provision of law adopted by ordinance of the council shall prevail over the other provision of law. (1994, ord 94-77, sec 3.)32-3 Section 32-4. Actions and determinations of council. The council may take actions or make any determinations which it determines are necessary or convenient to carry out the purpose of this chapter and which are not otherwise prohibited by law. (1994, ord 94-77, sec 3.)32-4 Section 32-5. Powers reserved to council. Any provision of law to the contrary notwithstanding, the council reserves the following powers over any proposed community facilities district. (a) If, for any reason whatsoever, the community facilities district bonds authorized under article 6 are not sold or cannot be sold to any acceptable purchaser within a reasonable time, then the council shall have the power and authority to terminate the entire community facilities district, or any part thereof by ordinance. 32-1 § 32-5H AWAI‘I C OUNTY C ODE (b) In addition to the foregoing, at any time during the proceedings of any community facilities district proposal up to and including the adoption of the special tax ordinance under section 32-53, the council shall have the power and authority to terminate the entire community facilities district, or any part thereof by ordinance, if it determines that the community facilities district is not in the public interest. (1994, ord 94-77, sec 3.)32-5 Section 32-6. Limitation on challenges; exhaustion of remedies. Pursuant to section 46-80.1, Hawai‘i Revised Statutes, as amended, no action or proceeding to question the validity of or enjoining any ordinance, action, or proceeding undertaken pursuant to this chapter (including the determination of the amount of any special tax levied with respect to any property or the levy or assessment thereof), or any bonds issued or to be issued pursuant thereto or under this chapter, shall be maintained unless begun within thirty days of the adoption of the ordinance, determination, levy, assessment or other act, as the case may be, and, in the case of bonds, within thirty days after adoption of the ordinance authorizing the issuance of those bonds. Furthermore, no person may bring an action challenging the validity of or enjoining any district established, special tax levied or bonds issued under this chapter unless that person has appeared at the hearing on the establishment of the district or made an individual protest in writing at the time of or before the hearing to establish such district, special tax or bonds (or to changes or annexation, as applicable) as provided herein. (1994, ord 94-77, sec 3.)32-6 Section 32-7. Types of special improvements. A district may be established to finance the purchase, construction, installation, expansion, improvement or rehabilitation of any real or other tangible property with a useful life estimated by the council to be five years or longer. Special improvements may be privately owned if the council determines that they serve a public purpose. Special improvements need not be physically located within the district. Examples of special improvements which may be financed by a district include, but are not limited to, the following: (a) Streets, roads, highways, pedestrian malls, sidewalks or alleyways, including but not limited to, grading, paving or otherwise improving the foregoing. (b) Public parking facilities. (c) Lighting systems, including, but not limited to traffic signals, for any public right- of-way. (d) Local park, recreation, child care, parkway, and open-space facilities. (e) Elementary, secondary, vocational and higher education school sites and facilities. (f) Libraries, museums or other cultural facilities. 32-2 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-7 (g) The undergrounding of natural gas pipeline facilities, telephone lines, facilities for the transmission or distribution of electrical energy, cable television lines and other utility facilities. The County may enter into an agreement with a public utility to utilize those facilities to provide a particular service and for the conveyance of those facilities to the public utility. If the facilities are conveyed to the public utility, the agreement may provide for a refund by the public utility to the district or improvement area thereof for the cost of the facilities. Any reimbursement made to the district shall be utilized to reduce the special tax levied within the district or improvement area, or to construct or acquire additional facilities within the district or improvement area, as specified in the ordinance of formation. (h) Water systems. (i) Police, criminal justice (including but not limited to jails and courthouses), fire suppression (including but not limited to fire stations) and paramedic facilities. (j) Wastewater, storm drainage, sewage removal or treatment, or solid waste disposal, recycling or resource recovery systems or facilities. (k) Transit or transportation systems. (l) Telecommunications systems. (m) Any other facilities which the County is authorized by law to contribute revenue to, or construct, own, maintain or operate. (1994, ord 94-77, sec 3.)32-7 Section 32-8. Payment of existing assessments or debt service. The district may also pay in full all amounts necessary to eliminate or reduce any fixed assessment liens or to repay or defease, in whole or in part, any indebtedness secured by any tax, fee, charge, or assessment levied within the area of a district or may pay debt service on that indebtedness. (1994, ord 94-77, sec 3.)32-8 Section 32-9. Transfer of moneys. The council may from time to time transfer moneys to a district or to an improvement area within a district, for the benefit of the district or an improvement area therein, from any funds available to the County. (1994, ord 94-77, sec 3.)32-9 Section 32-10. Special levy. In any fiscal year in which a special tax or charge is levied for any facility in a district or an improvement area within a district, the council may include in the levy a sum sufficient to repay, over such period of time as the council may specify, the amounts transferred to that district or improvement area pursuant to section 32-9. (1994, ord 94-77, sec 3.)32-10 32-3 § 32-11H AWAI‘I C OUNTY C ODE Section 32-11. Revolving fund. The council may appropriate any available moneys to a revolving fund to be used for the acquisition of real or personal property, engineering, planning and related design services, or the construction of structures or improvements needed in whole or in part to provide one or more of the facilities of a district. The revolving fund shall be reimbursed from special tax revenues or other money available from the district, and no sums shall be disbursed from the fund until the council has, by resolution, established the method by, and term within which, the district is to reimburse the fund. The district shall reimburse the fund for any amount disbursed to the district within the period specified by the council, together with interest at the current rate per annum received on similar types of investments by the council as determined by the director of finance. (1994, ord 94-77, sec 3.)32-11 Section 32-12. Contribution by County. Any time either before or after the formation of the district, the council may provide, by ordinance, that for a period specified in the ordinance, the County may contribute, from any source of revenue not otherwise prohibited by law, any specified amount, portion, or percentage of such revenues for the purposes set forth in such ordinance. (1994, ord 94-77, sec 3.)32-12 Section 32-13. Advances of funds or work in-kind. At any time either before or after the formation of the district, the council may accept advances of funds or work or property in-kind from any source, including, but not limited to, paying any cost incurred by the County in creating a district. The County may enter into an agreement, as authorized by resolution, with the person or entity advancing the funds or work or property in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work or property in-kind, as provided in the agreement, with or without interest, provided that the proposal to repay the funds or the value or cost of the work or property in-kind, whichever is less, is included in the resolution of intention to establish a district adopted pursuant to section 32-20 and in the ordinance of formation to establish the district adopted pursuant to section 32-29 and, if applicable, in the ordinance of consideration to alter the types of facilities provided within an established district adopted pursuant to section 32-39, or the ordinance of annexation to annex additional territory to an established district adopted pursuant to section 32-48. Any such agreement shall not constitute a debt or liability of the County or be payable from sources other than the proceeds of the special taxes levied or proceeds of bonds issued pursuant to this chapter. (1994, ord 94-77, sec 3.)32-13 32-4 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-14 Section 32-14. Construction of chapter. This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the County to order the provision of the facility, shall void or invalidate such proceeding or any levy for the costs of such facility. (1994, ord 94-77, sec 3.)32-14 Section 32-15. Validity of proceedings. The failure of any person to receive a notice, resolution, ordinance, order, or other matter shall not affect in any way whatsoever the validity of any proceedings taken under this chapter, or prevent the council from proceeding with any hearing so noticed or other action. (1994, ord 94-77, sec 3.)32-15 Section 32-16. Definitions. Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. “Bonds” means community facilities district bonds (including refunding bonds) issued pursuant to this chapter. “Clerk” means the clerk of the council of the County. “Community facilities district” means a district of land established by the County pursuant to this chapter for the sole purpose of financing facilities, including costs and incidental expenses. Land may be included in more than one community facilities district. “Cost” means the expense of acquiring, constructing, installing, improving or rehabilitating facilities, including, but not limited to, the costs of construction, improvement or acquisition of buildings, acquisition of land, rights-of-way, water, sewer, or other capacity or connection fees, lease payments for facilities that are relocated, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time bonds are issued pursuant to this chapter; architectural, engineering, inspection, legal, financial and other consultant fees; bond and other reserve funds; discount fees; interest on any bonds due and payable prior to the date of estimated completion of the facilities and for a period after that date determined by the council; costs of proceedings undertaken pursuant to this chapter, including, but not limited to, a reasonable fee to the County for undertaking such proceedings; and all costs of issuance of bonds, including, but not limited to, fees for bond counsel, other legal fees, trustee fees, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, other credit enhancement costs, printing costs, and incidental expenses related thereto. “Council” means the council of the County. “County” means the County of Hawai‘i. 32-5 § 32-16H AWAI‘I C OUNTY C ODE “Debt” means any binding obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals. “Director” means the director of finance of the County. “District” means a community facilities district established pursuant to this chapter, and “financed by the district” means financed by the County using special taxes and any other moneys (including proceeds of bonds) derived from the district. “Facilities,” “improvements” or “special improvements” means the special improvements referred to in section 32-7, including costs and incidental expenses related thereto. “Improvement area” means an area within a district so designated in accordance with section 32-59. “Incidental expense” includes all of the following: (1) The cost of planning and designing facilities to be financed pursuant to this chapter, including the cost of environmental evaluations of those facilities. (2)The costs associated with the creation of the district, issuance, carrying or repaying of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district, including financing, consulting, trustee and legal fees, replenishment of any reserves established in connection with bonds and arbitrage rebate required by Federal tax law. (3) Any other expenses incidental to the acquisition, construction, installation of facilities or inspection of the authorized work. (4) Administrative expenses of the County associated with the facilities, the bonds or proceedings undertaken pursuant to this chapter. “Landowner” or “owner” of land means any person shown as the owner of land by record of the director or any other means reasonably available or otherwise known by the County to be the owner of the land. The County has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final and conclusive for the purpose of this chapter. A public body is not a landowner or owner of land for purposes of this chapter, unless the land owned by a public body would be subject to a special tax pursuant to section 32-54. (1994, ord 94-77, sec 3.)32-16 32-6 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-17 Section 32-17. Property acquired by County or other public entity. If property subject to a special tax levied pursuant to this chapter is acquired by the County (or, to the extent permitted by law, any other public entity) through a negotiated transaction or eminent domain proceedings, the obligation to pay the special tax shall be payable out of the purchase price, rental payments or eminent domain award, as the case may be, in an amount sufficient to pay or provide for the payment of the principal and interest on any bonds issued under this chapter that would have been payable from the special tax. If property subject to a special tax levied pursuant to this chapter is acquired by the County by foreclosure or similar proceeding or by gift or devise, unless otherwise paid or provided for, the property shall be sold as soon as practicable, and either (a) the obligations to pay the special tax shall be payable from the sales price in an amount sufficient to pay or provide for the payment of the principal and interest on any bonds issued under this chapter that would have been payable from the special tax, or (b) the purchaser of the property shall take title subject to the lien of the special tax and shall be required to pay the special taxes becoming due from and after the sale date. (1994, ord 94-77, sec 3.)32-17 Article 2. District Establishment Procedures. Section 32-18. Institution of procedures. (a) The procedure for the establishment of a district may be instituted by the council on its own initiative and shall be instituted by the council at its next regular meeting for which notice has not yet been given, after receipt by the clerk of a petition requesting the institution of the procedure signed by the landowners owning the requisite portion of the area of the proposed district, as specified in paragraph (d) of section 32-19, accompanied by the payment of a fee (if any) which the County determines is necessary to compensate the County for costs expected to be incurred by the County in conducting the procedure to create a district pursuant to this chapter. (b) No district shall be established unless the council finds that the establishment of such district is in the public interest. The council’s findings shall be final and conclusive. (1994, ord 94-77, sec 3; am 2007, ord 07-146, sec 2.)32-18 Section 32-19. Petition requesting institution of the procedure. A petition requesting the institution of the procedure for the establishment of a district shall include all of the following: (a) A request that the council institute the procedure to establish a district pursuant to this chapter; (b) A description of the boundaries of the territory which is proposed for inclusion in the district; (c) A description of the type or types of facilities to be financed by the district; 32-7 § 32-19H AWAI‘I C OUNTY C ODE (d) The signatures of the owners of not less than twenty-five percent of the area of land proposed to be included within the district. If the council finds the petition is signed by the requisite number of owners of land proposed to be included within the district, that finding shall be final and conclusive. (1994, ord 94-77, sec 3.)32-19 Section 32-20. Adoption of resolution of intention. The procedure for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the district which shall do all of the following: (a) State that a district is proposed to be established under the terms of this chapter and describe the term of the proposed district and the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the director, showing the proposed district. The term of the district shall be a specified period of years but shall not expire until all bonds and other debt incurred pursuant to this chapter, and incidental expenses related thereto, payable from special taxes levied on property in the district shall have been paid or duly provided for. (b) State the name proposed for the district in substantially the following form: “Hawai‘i County Community Facilities District No.____.” One or more additional descriptive words may be used in the name of the proposed district to indicate the geographic area of the district. (c) State the type or types of facilities proposed to be financed by the district pursuant to this chapter. If the purchase of completed facilities or the incurring of incidental expenses is proposed, the resolution shall identify those facilities or the type of such expenses, as the case may be. (d) State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities, including incidental expenses, will be annually levied within the district. The resolution shall describe the estimated rate and proposed method of apportionment of the special tax in sufficient detail to allow each landowner within the proposed district to estimate the maximum annual amount that the landowner will have to pay. The council may prohibit prepayment of the special tax or may specify conditions under which the special tax may be prepaid and permanently satisfied, which conditions may include periods during which prepayment will not be permitted and the requirement that a premium be paid upon prepayment. (e) State whether the County intends to issue bonds under this chapter in whole or in part payable from and secured by the special tax. (f) Fix a time and place for a public hearing on the establishment of the district which shall be not less than sixty or more than ninety days after the adoption of the resolution of intention. 32-8 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-20 (g) Describe the protest procedure. If an improvement area is proposed to be established, the resolution of intention shall also state and describe the boundaries of the proposed improvement area, the name proposed for the improvement area, the types of facilities proposed to be financed by the improvement area and whether and to what extent it is proposed that special taxes shall be applied in the improvement area for purposes of financing such facilities. (1994, ord 94-77, sec 3.)32-20 Section 32-21. Reports of facilities. At the time of the adoption of the resolution of intention to establish a district, the council shall direct the director of public works, department of public works, or other appropriate department, officer or officers who is or will be responsible for providing or maintaining one or more of the proposed types of facilities to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing (or within sixty days after adoption of the resolution of intention, or such earlier date established by the council, if the hearing is waived pursuant to section 32-24), file a report with the council containing a brief description of the proposed facilities by type which will in their opinion be required to adequately meet the needs of the district, and their estimate of the cost of providing those facilities. In preparing the report, the department or officer may consult with other officers of the County or the State and with any financial feasibility or other consultant retained by the County or any property owner to assist in the procedure or otherwise available. If the purchase of completed facilities or the payment of incidental expenses is proposed, the council shall direct the appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district. (1994, ord 94-77, sec 3; am 2001, ord 01-108, sec 1; am 2007, ord 07-146, sec 3.)32-21 Section 32-22. Published notice of hearing. (a) The clerk shall publish a notice of the hearing twice, at least one week apart, in a newspaper of general circulation in the County. Publication shall be completed at least seven days prior to the date of the hearing. (b) The notice shall contain all of the following information: (1) A summary of the resolution of intention to establish the district and the name, address and telephone number of a department or official of the County from which a copy of the resolution of intention can be obtained (alternatively the notice may contain the full text of the resolution). (2) The time and place of the hearing on the establishment of the district. 32-9 § 32-22H AWAI‘I C OUNTY C ODE (3) A statement that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district, the financing of specified types of facilities or the special tax will be heard. The notice shall also describe, in summary, the protest procedure, including the respective rights of owners and lessees and the effect of protests against the establishment of the district, the extent of the district, the financing of a specified type of facilities, or a specified special tax, as provided in section 32-27, and the effect of failure to file a written protest as provided in section 32-6. (1994, ord 94-77, sec 3.)32-22 Section 32-23. Mailed notice of hearing. In addition to publishing notice as provided in section 32-22, the clerk shall give notice of the hearing by first-class mail to each owner of land within the proposed district, and to each lessee of property within the proposed district, which the director has on record. This notice shall be mailed at least fifteen days before the hearing and shall contain the same information required to be contained in the published notice pursuant to section 32-22. Failure to give notice to any landowner or lessee or failure of any landowner or lessee to receive such notice shall not affect the validity or effectiveness of the hearing or any other proceedings taken under this chapter or any special tax levied under this chapter if the council determines that a reasonable effort was made to give such notice, which determination shall be final and conclusive. (1994, ord 94-77, sec 3.)32-23 Section 32-24. Waiver of notice and hearing by petition. If a petition is filed by the owners of one hundred percent of the land in the proposed district and by all lessees having a possessory interest in any property to be included within the proposed district who, by the express terms of the lease, must pay the special tax contemplated by this chapter (unless the owner or lessor shall, with the petition, file a written waiver of the stipulation in the lease which requires the lessee to pay the special tax to be levied in the proposed district and a written undertaking to pay the special tax), then it shall be unnecessary for the council to provide any notice of the hearing, or to conduct a public hearing under this chapter. The council may immediately proceed to adopt an ordinance of formation pursuant to section 32-29 and to levy and assess a special tax in the manner provided in this chapter, provided that the council finds that such approval is in the public interest. The council’s findings shall be final and conclusive. (1994, ord 94-77, sec 3; am 2009, ord 09-33, sec 2.)32-24 32-10 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-25 Section 32-25. Addition of territory at the hearing. At the hearing, the council may add additional territory to the district, but only if the owners (and lessees described in section 32-27) of one hundred percent of the land to be added have submitted to the clerk a written request to be added to the district prior to or at the beginning of the hearing. (1994, ord 94-77, sec 3.)32-25 Section 32-26. Protests. At the hearing, protests against the establishment of the district, the extent of the district, the financing of specified types of public facilities or the special tax may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the clerk at or before the time fixed for the hearing. The council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (1994, ord 94-77, sec 3.)32-26 Section 32-27. Protest by more than fifty-five percent. (a) If the owners of more than fifty-five percent of the area of the land, or if more than fifty-five percent of the owners of the land, in the territory proposed to be included in the district: (1) File written protests with the council, prior to or at the beginning of the hearing, against the establishment of the district, and (2) If protests are not withdrawn so as to reduce the amount of the protests to fifty-five percent or less (of the area of land or of the owners), no further proceedings to create the specified district or to levy the specified special tax shall be taken for a period of one year from the date of the hearing. (b) If property proposed to be included in the district is subject to a lease, the lessee shall be deemed to have and may exercise all of the rights of the owner for notice and hearing and to protest under this section, unless, prior to the closing of the public hearing, the lessor or owner of the property has filed with the council either: (1) A written statement that the lease does not require the lessee to pay the proposed special tax and a written undertaking by the lessor or owner to pay the proposed special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee, or (2) A written waiver of any requirement in the lease that the lessee pay the proposed special tax and a written undertaking by the lessor or owner to pay the proposed special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee. 32-11 § 32-27H AWAI‘I C OUNTY C ODE (c) If the more than fifty-five percent protests are only against the furnishing of a specified type or types of facilities, or against levying a specified special tax, then proceedings to create the district may continue, but those types of facilities or the specified special tax shall be eliminated from the ordinance of formation (if adopted). (1994, ord 94-77, sec 3.)32-27 Section 32-28. Duration of hearing; determination. The hearing may be continued from time to time, but shall be completed within thirty days, except that if the council finds that the complexity of the proposed district or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed six months. The council may modify the resolution of intention by eliminating proposed facilities, or by changing the rate or method of apportionment of the proposed special tax so as to reduce the maximum special tax for all or a portion of the property within the proposed district, or by removing territory from the proposed district. At the conclusion of the hearing, the council may abandon the proposed establishment of the community facilities district or may, after considering all protests and such other relevant factors (such as the County general plan) as it shall deem appropriate, subject to section 32-27, determine to proceed with establishing the district. (1994, ord 94-77, sec 3.)32-28 Section 32-29. Adoption of ordinance of formation. (a) If the council determines to establish the district, it shall adopt an ordinance of formation establishing the district. The ordinance of formation shall contain all of the information required to be included in the resolution of intention to establish the district specified in section 32-20 (and, if not otherwise contained in the resolution of intention, any designation made by the council pursuant to section 32- 59). If a special tax is to be levied in the district to pay for any facilities and the special tax has not been eliminated by protest pursuant to section 32-27, the ordinance shall state that fact and shall identify any facilities proposed to be funded with the special tax, including estimated costs and incidental expenses. (b) If the ordinance of formation is adopted pursuant to subsection (a), the council shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the council determines that all proceedings were valid and in conformity with the requirements of this chapter, it shall make a finding to that effect and that finding shall be final and conclusive. (1994, ord 94-77, sec 3.)32-29 32-12 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-30 Section 32-30. Special tax; apportionment. There is no requirement that the special tax imposed pursuant to this chapter be fixed in amount or apportioned on the basis of special benefit to any property or that the facility to be financed convey a special benefit on any property in the district. It shall be sufficient that the council determines that the property to be subject to the special tax is improved or benefitted in a general manner or in any other manner. Notwithstanding anything to the contrary contained in this chapter, the facilities to be financed may be located outside of the district and may also benefit property outside the district. However, a special tax levied pursuant to this chapter may be based on benefit received by parcels of real property, or the cost of making facilities available to each parcel, or the stage or type of development or use of each parcel, or wholly or partially contingent as to all or certain parcels on the happening of one or more specified events related to the development or improvement of such parcels, or any other reasonable basis or formula as determined by the council, and any determination of the reasonableness of any special tax or the basis or method of the apportionment thereof by the council shall be final and conclusive. (1994, ord 94-77, sec 3.)32-30 Section 32-31. Establishment of district boundaries. (a) A community facilities district may include areas of territory that are not contiguous. (b) In establishing the boundaries of the district, the council may alter the exterior boundaries of the district to include less territory than that described in the notice of the hearing or the petition but it may not include any territory not described in the notice of the hearing or the petition except as provided in section 32-25. (1994, ord 94-77, sec 3.)32-31 Section 32-32. Levy of special tax. (a) At any time after the adoption of the ordinance of formation, the council may levy and assess any special tax within the territory of the district as specified in the ordinance of formation adopted pursuant to subsection (a) of section 32-29 or in a separate special tax ordinance if such levy is not provided for in the ordinance of formation. (b) Upon levy of the special tax, the director shall forthwith notify the several landowners and lessees of which the director is aware by certified mail of the amount of the special tax to be assessed on the respective parcel, of any formula by which the special tax may be changed, and of the date when the special tax becomes payable. Failure to give or receive such notice to or by any landowner or lessee shall in no way affect the validity of the levy of special tax under this chapter nor entitle the landowner or lessee to an extension of time within which to pay the special tax. 32-13 § 32-32H AWAI‘I C OUNTY C ODE (c) All special taxes levied pursuant to this chapter shall be a lien against each lot or parcel of land subject to the special tax from the date of adoption of the ordinance levying the special tax until fully paid, or until the expiration of the special tax, in each case as provided in the ordinance, and shall have priority over all other liens except the lien of general real property taxes and the lien of assessments levied under section 46-80, Hawai‘i Revised Statutes, as amended. The lien of the special tax levied and assessed pursuant to this chapter shall be on a parity with the lien of general property taxes and the lien of assessments levied under section 46-80, Hawai‘i Revised Statutes, as amended, except to the extent the law or assessment ordinance provides that the lien of assessments levied under section 46-80 shall be subordinate to the lien of general real property taxes. All liens of special taxes made pursuant to this chapter shall be on a parity without regard to when made or for what purpose. No delay, mistake, error, defect or irregularity in any act or proceeding authorized by this chapter shall prejudice or invalidate any special tax or related lien; but the same may be remedied by subsequent or amended acts or proceedings and, when so remedied, the same shall take effect as of the original act or proceeding. If in any court of competent jurisdiction any special tax levied under this chapter is set aside for irregularity in the proceedings, the council may, upon notice and hearing or by petition as required in establishing an original district pursuant to this chapter, make a new levy and assessment of a special tax in accordance with the provisions of this chapter. 32-14 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-32 (d) Within fifteen days after the levy and assessment by ordinance of any special tax pursuant to this chapter, the director shall file a notice of special tax authorization with the bureau of conveyances or land court. The notice of special tax authorization shall be in substantially the following form: NOTICE OF SPECIAL TAX AUTHORIZATION Pursuant to the requirements of section 32-32, Hawai‘i County Code, the undersigned Clerk of the Council of the County of Hawai‘i, State of Hawai‘i, hereby gives notice that the Council of the County of Hawai‘i, State of Hawai‘i is authorized to annually levy and assess a special tax for the purpose of: (as applicable) (1) Paying principal and interest on bonds, the proceeds of which are being used to finance (briefly describe facilities financed), and incidental expenses; (2) Providing (briefly describe facilities financed without bonds). The special tax is authorized to be imposed within Hawai‘i County Community Facilities District No.___ which has been officially formed. The rate and method of apportionment of the authorized special tax is as follows: (here insert verbatim description of the rate and method of apportionment from the ordinance of formation of the district). The special tax is a lien on the property upon which it is levied. Reference is made to the (amended) boundary map of the community facilities district on file with the Clerk of the Council of the County of Hawai‘i, which map is the final boundary map of the community facilities district. For further information contact (here provide name, address, and telephone number of the appropriate office, officer, department, or bureau of the County). (e) From the date of filing pursuant to subsection (d), all persons are deemed to have notice of the contents of the notice of special tax authorization. (1994, ord 94-77, sec 3.)32-32 32-15 § 32-33H AWAI‘I C OUNTY C ODE Article 3. Changes in Term of District, Authorized Facilities and Special Taxes. Section 32-33. Facilities specified in ordinance. Except as otherwise provided in this chapter, upon the establishment of a district, only the types of facilities specified in the ordinance of formation may be financed by the district under the authority of this chapter. (1994, ord 94-77, sec 3.)32-33 Section 32-34. Levy of special tax as specified in ordinance. Upon approval of a special tax under this chapter, the special tax may be levied only at the rate and may be apportioned only pursuant to the method specified in the ordinance of formation, except as provided in this chapter, and except that the council may levy the special tax at a rate lower than that specified in the ordinance. In addition, the special tax may be levied only so long as it is needed to pay the principal and interest on debt incurred in order to provide facilities under authority of this chapter, or so long as it is needed to pay the costs and incidental expenses of such facilities or debt. (1994, ord 94-77, sec 3.)32-34 Section 32-35. Elimination of facilities in ordinance. Except as otherwise provided in this chapter, the council may, at any time, after conducting a public hearing, eliminate one or more of the types of facilities specified in the ordinance of formation to establish the district but may not finance any types of facilities that were not specified in the ordinance of formation. (1994, ord 94-77, sec 3.)32-35 Section 32-36. Authorization to change term, facilities or special taxes. (a) If the council determines that the public convenience and necessity require any change in the term of an established district or in the types of authorized public facilities which should be financed, that the rate or method of apportionment of a special tax should be changed, or that a new special tax should be proposed, the council may adopt an ordinance of consideration to alter the term of the district or the types of facilities to be financed, to levy and assess a new special tax or special taxes, or, except as provided in subsection (b), to alter the rate or method of apportionment of the special tax. Those proceedings may be commenced at any time. (b) The council shall not adopt an ordinance of consideration to reduce the term of any district or the rate of any special tax or terminate the levy of any special tax if the district or proceeds of that tax are being utilized to retire any debt incurred pursuant to this chapter unless the council determines that the reduction in the term of that district or the reduction or termination of that tax (as the case may be) would not interfere with the timely retirement or otherwise impair the security of that debt. 32-16 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-36 (c) The ordinance of consideration adopted pursuant to subsection (a) shall contain all of the information required by paragraphs (a) to (e), inclusive, of section 32-39. (1994, ord 94-77, sec 3.)32-36 Section 32-37. Petition for changes in term, facilities or taxes. (a)If a petition signed by the landowners (or lessees described in section 32-27) of twenty-five percent or more of the territory within the district is filed with the council requesting that proceedings be commenced to change the term of the district or the types of facilities financed by the district or that the rate or method of apportionment of an existing special tax be changed, or that a new special tax be levied, the council shall thereafter adopt an ordinance of consideration in the form specified in section 32-39 to make those changes within the district except that the term of a district shall not be reduced and an existing special tax being used to retire any debt incurred in order to finance facilities under this chapter shall not be reduced or terminated if doing so would interfere with the timely retirement or otherwise impair the security of that debt. (b) Any petition pursuant to this section shall be accompanied by the payment of a fee (if any) which the council determines is necessary to compensate the County for costs incurred in conducting proceedings to change the district pursuant to this article. (1994, ord 94-77, sec 3.)32-37 Section 32-38. Form of petition. The petition shall request the council to commence proceedings to make specified changes to a named district. The petition may consist of any number of separate instruments each of which shall comply with all the requirements of a petition except as to the number of signatures. (1994, ord 94-77, sec 3.)32-38 Section 32-39. Form of ordinance for changes in term, facilities or taxes. The ordinance of consideration to alter the term of an established district, the types of facilities financed, or to levy and assess a new special tax or special taxes, or to alter the rate or method of apportionment of an existing special tax, shall do all of the following: (a) State the name of the district. (b) Generally describe the territory included in the district. (c) Specify the changes in term or facilities or special taxes proposed. (d) Specify any new special taxes which would be levied to pay for new or existing facilities and any proposed alteration to the rate or method of apportionment of an existing special tax. (e) Fix a time and place for a hearing upon the ordinance which shall not be less than sixty or more than ninety days after the adoption of the ordinance of consideration. (1994, ord 94-77, sec 3.)32-39 32-17 § 32-40H AWAI‘I C OUNTY C ODE Section 32-40. Notice of hearing on ordinance. The clerk shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a district. The notice shall do all of the following: (a) Contain the text of the ordinance. (b) State the time and place for hearing. (c) State that at the hearing the testimony of all interested persons or taxpayers for or against the proposed changes will be heard. The notice shall also describe, in summary, the protest procedure, including the respective rights of owners and lessees and the effect of protests made (and of failure to make written protests) against the proposed changes. The notice and hearing may be waived in the same manner as provided in section 32-24. (1994, ord 94-77, sec 3.)32-40 Section 32-41. Protests. At the hearing, protests against the proposals described in the ordinance may be made orally or in writing by any interested persons. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall be filed with the clerk at or before the time fixed for the hearing. The council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (1994, ord 94-77, sec 3.)32-41 Section 32-42. Protest by more than fifty-five percent. (a) If the owners of more than fifty-five percent of the area of the land, or if more than fifty-five percent of the owners of the land, in the territory included in the district, file with the council, prior to or at the beginning of the hearing, written protests against changing the term of the district or the facilities to be financed, or changing the apportionment or increasing the amount of any special tax levied in the district, and if protests are not withdrawn so as to reduce the amount of the protests to fifty- five percent or less, those changes specified in the written protests shall be eliminated from the ordinance and shall not be included in another ordinance for a period of one year from the date of the decision of the council on the hearing. (b) If property included in the district is subject to a lease, the lessee shall be deemed to have and may exercise all of the rights of the owner for notice and hearing and to protest under this section, unless, prior to the closing of the public hearing, the lessor or owner of the property files with the council either: (1) A written statement that the lease does not require the lessee to pay the special tax and a written undertaking by the lessor or owner to pay the special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee; or 32-18 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-42 (2) A written waiver of any requirement in the lease that the lessee pay the special tax and a written undertaking by the lessor or owner to pay the special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee. (1994, ord 94-77, sec 3.)32-42 Section 32-43. Duration of hearing; abandonment of proceedings. The hearing may be continued from time to time, but shall be completed within thirty days, except that if the council finds that the complexity of the proposed district or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed six months. Subject to section 32-42, at the conclusion of the hearing the council may abandon the proceedings or may, after passing upon all protests and after considering such other relevant factors (such as the County general plan) as it shall deem appropriate, determine to proceed to change the term of the district or facilities to be financed by the district, or levy and assess an additional special tax or special taxes within the district, or change an existing special tax within the district, as proposed in the ordinance of consideration. (1994, ord 94-77, sec 3.)32-43 Section 32-44. Filing of notice. Upon adoption of the ordinance of consideration, the clerk shall provide notice as provided in section 32-32. (1994, ord 94-77, sec 3.)32-44 Section 32-45. Application to improvement area. An improvement area may be established by the ordinance of consideration in connection with changes in term, facilities or special taxes pursuant to this article. In case the changes contemplated by this article are to apply only to an improvement area, the proceedings provided in this article shall also apply only to such improvement area. (1994, ord 94-77, sec 3.)32-45 Article 4. Annexation of Territory. Section 32-46. Authorization to annex; contiguity not required. The council may annex territory to an existing district as provided in this article. The annexed territory need not be contiguous to territory included in the existing district. (1994, ord 94-77, sec 3.)32-46 32-19 § 32-47H AWAI‘I C OUNTY C ODE Section 32-47. Ordinance of annexation. If the council determines that public convenience and necessity require that territory be added to an existing district, or if one hundred percent of the landowners (or lessees described in section 32-27) in the territory to be annexed petition the council to include territory within the district, the council may adopt an ordinance of annexation to annex the territory. (1994, ord 94-77, sec 3.)32-47 Section 32-48. Contents of ordinance of annexation. The ordinance of annexation to annex the territory shall do all of the following: (a) State the name and term of the existing community facilities district. (b) Generally describe the territory included in the existing district and the territory proposed to be annexed. (c) Specify the types of facilities provided pursuant to this chapter by the existing district and the types of facilities to be provided by the territory proposed to be annexed; and include a plan for providing facilities that will be financed in common by the existing district and the territory proposed to be annexed. (d) Specify any special taxes which would be levied within the territory proposed to be annexed to pay for facilities provided pursuant to this chapter. A special tax proposed to pay for facilities financed with bonds secured by the existing district shall be the same as the tax levied in the existing district for that purpose, except that a higher special tax may be levied for that purpose within the territory proposed to be annexed to compensate for the interest and principal and incidental expenses previously paid by the existing district, less any depreciation allowable to the facility as determined by the council. (e) Specify any alteration in the special tax rate levied within the existing district as a result of the proposed annexation. The maximum tax rate in the existing district may not be increased as a result of annexation proceedings pursuant to this article. (f) Fix a time and place for a hearing upon the ordinance which shall not be less than sixty nor more than ninety days after the adoption by the council of the ordinance of annexation to annex territory pursuant to section 32-47. (1994, ord 94-77, sec 3.)32-48 Section 32-49. Notice of hearing. The clerk of the council shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a district, as required by section 32-22 or section 32-23, within the territory proposed to be annexed. The notice shall do all of the following: (a) Contain a summary of the ordinance and the name, address and telephone number of a department or official of the County from which a copy of the ordinance can be obtained (alternatively, the notice may contain the full text of the ordinance). (b) State the time and place for the hearing. 32-20 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-49 (c) State that at the hearing the testimony of all interested persons for or against the annexation of territory to the district or the levying of special taxes within the territory proposed to be annexed will be heard. The notice shall also describe, in summary, the protest procedure, including the respective rights of owners and lessees and the effect of protests made (and of failure to make written protests) against the proposed changes. The notice and hearing may be waived in the same manner as provided in section 32-24. (1994, ord 94-77, sec 3.)32-49 Section 32-50. Protests. At the hearing, protests against the proposals described in the ordinance of annexation may be made orally or in writing by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the clerk prior to the time fixed for the hearing. The council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (1994, ord 94-77, sec 3.)32-50 Section 32-51. Protest by more than fifty-five percent. (a) If the owners of more than fifty-five percent of the area of land, or if more than fifty-five percent of the owners of the land, in the territory included in the existing district or the annexed territory, file with the council, prior to or at the beginning of the hearing, written protests against the proposed addition of territory to the existing district, and if protests are not withdrawn so as to reduce the amount of the protests to fifty-five percent or less, no further proceedings shall be undertaken for a period of one year from the date of decision of the council on the issues discussed at the hearing. (b) If property included or proposed to be included in the district is subject to a lease, the lessee shall be deemed to have and may exercise all of the rights of the owner for notice and hearing and to protest under this section, unless prior to the closing of the public hearing, the lessor or owner of the property files with the council either: (1) A written statement that the lease does not require the lessee to pay the special tax and a written undertaking by the lessor or owner to pay the special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee; or (2) A written waiver of any requirement in the lease that the lessee pay the special tax and a written undertaking by the lessor or owner to pay the special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee. (1994, ord 94-77, sec 3.)32-51 32-21 § 32-52H AWAI‘I C OUNTY C ODE Section 32-52. Duration of hearing; abandonment; election. The hearing may be continued from time to time, but shall be completed within thirty days, except that if the council finds that the complexity of the proposed annexation or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed six months. Subject to section 32-51, at the conclusion of the hearing, the council may abandon the proceedings or may, after passing upon all protests, determine that the area proposed to be annexed is added to and part of the existing district with full legal effect, pursuant to the ordinance of annexation. Thereafter, the council may, by ordinance, levy and assess any special tax within the annexed territory. (1994, ord 94-77, sec 3.)32-52 Article 5. Procedures for Levying Special Tax. Section 32-53. Levy of special tax. After a district has been created and authorized to levy specified special taxes pursuant to this chapter, the council may, by ordinance, levy and assess the special taxes at the rate and apportion them pursuant to the method specified in the ordinance of formation or the ordinance of consideration or the ordinance of annexation, as appropriate, except that the council may levy and assess the special tax at a lower rate, subject to the provisions of section 32-62. Properties or entities of the State, Federal, or County governments shall, except as otherwise provided in section 32-54, be exempt from the special tax. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the ordinance of formation to establish a district adopted pursuant to section 32-29 or in an ordinance of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in section 32-39 or in an ordinance of annexation adopted pursuant to section 32-48. The proceeds of any special tax may only be used to pay, in whole or part, the cost of facilities (including the debt service of any bonds issued to pay such costs), and incidental expenses pursuant to this chapter. The special tax may be collected in the same manner as general real property taxes are collected, be subject to the same penalties and the same procedure, sale, and lien priority (subject to the provisions of section 32-32(c)) in case of delinquency as is provided by general law for default on the payment of real property taxes, unless another procedure is adopted by the council in the ordinance of formation or special tax ordinance. The director may collect the special tax at intervals as specified in the ordinance of formation or special tax ordinance, including intervals different from the intervals at which the general real property taxes are collected. The director may deduct reasonable administrative costs incurred in collecting the special tax to the extent included in the special tax. (1994, ord 94-77, sec 3.)32-53 32-22 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-54 Section 32-54. Levy of special tax on leasehold or possessory interest in property. (a) If a public body owning property, including property held in trust for any beneficiary, which is exempt from a special tax pursuant to section 32-53, directly or indirectly grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax shall, notwithstanding section 32-32 or 32-53 or any other provision of this chapter, be levied and constitute a lien on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. In addition, in the case of property owned by a person or entity other than a public body, if such person or entity directly or indirectly grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the applicable ordinance of formation, ordinance of consideration or ordinance of annexation may provide, notwithstanding section 32-32 or 32-53 or any other provision of this chapter, that the special tax shall be levied and constitute a lien on either the fee title interest or the leasehold or other possessory interest in such property and shall be payable by either the owner of the fee title interest or the owner of the leasehold or possessory interest, as is specified in the applicable ordinance. (b) When entering into a lease or other written contract creating a possessory interest that may be subject to taxation pursuant to subsection (a), the public body or other lessor or grantor shall include, or cause to be included, in the contract a statement that the possessory interest may be subject to special taxation pursuant to this chapter, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the possessory interest. Failure to comply with the requirements of this section shall not, however, invalidate the contract or affect the validity or enforceability of the special tax or the obligation of the party in whom the possessory interest is vested to pay the special tax. (1994, ord 94-77, sec 3; am 2007, ord 07-146, sec 4.)32-54 Section 32-55. Challenges to special taxes. In accordance with section 46-80, Hawai‘i Revised Statutes, as amended, any action or proceeding to attack, review, set aside, void, or annul the levy of a special tax or an increase in a special tax pursuant to this chapter shall be commenced within thirty days after the special tax is approved by the council in the ordinance of formation or in the ordinance of consideration or in the ordinance of annexation, as the case may be. (1994, ord 94-77, sec 3.)32-55 32-23 § 32-56H AWAI‘I C OUNTY C ODE Section 32-56. Notice of cancellation of special tax authorization upon prepayment of special tax. In the event that the council has specified conditions pursuant to section 32-20 under which the obligation to pay the special tax identified therein may be prepaid and permanently satisfied, and if the special tax is so prepaid and permanently satisfied as to a particular parcel of land, the council shall prepare and file with the bureau of conveyances or land court a notice of cancellation of special tax authorization as to that parcel. The notice of cancellation of special tax authorization shall identify with particularity the special tax being canceled and the particular parcel of land subject to the tax. The director shall mail a copy of the notice of cancellation of special tax authorization to the owner and any lessee of the property of which the director is aware after filing the document. The council may specify a charge for the preparation and filing of this notice. (1994, ord 94-77, sec 3.)32-56 Article 6. Bonds. Section 32-57. Bond ordinance. (a) Whenever the council deems it necessary or appropriate that community facilities district bonds be issued to finance the costs of any facility or facilities or to reimburse costs thereof previously paid, at or after adoption of an ordinance of formation or special tax ordinance levying special taxes with respect to such facilities, the council may authorize the issuance of bonds by ordinance. The ordinance may provide for: (1) The issuance of the bonds in one or more series; (2) The date the bonds shall bear; (3) The maturity date or dates of the bonds which shall not be more than forty years after the issuance date of the bonds; (4) The rate or maximum rate of interest on the indebtedness, which shall not exceed the maximum rate permitted by law, and which may be fixed or variable and may be simple or compound; (5) The time or times at which interest shall be payable; (6) The denomination of the bonds; (7) The form of the bonds; (8) The conversion or registration privileges carried by the bonds; (9) The rank or priority of the bonds; (10) The manner of execution of the bonds; (11) The medium of payment of the bonds; (12) The place or places of payment; (13) The terms of redemption and the redemption price or prices to which the bonds are subject; 32-24 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-57 (14) The pledge or assignment of all or part of the special taxes levied on property in the district or improvement area thereof, the liens securing such special taxes, proceeds of the bonds and any other funds which are intended by the council to secure payment of the bonds, which pledge shall be a first and exclusive lien, superior to all other claims (except to the extent otherwise provided in the ordinance); (15) The establishment and handling of a separate special fund or funds to pay or secure the bonds or to pay for the facilities or incidental expenses; (16) The investment of proceeds of the bonds and any other funds (including special taxes) pledged to secure payment of the bonds in any obligations permitted by the ordinance; and (17) Any other provisions for the issuance, payment, security, credit enhancement, interest rate swaps, handling of funds, default, remedies, and other matters related to the bonds which the council deems appropriate. (b) The ordinance may provide that any or all of the terms listed in this section or elsewhere in this article may be fixed by or set out in, within parameters provided in the ordinance, a certificate signed by the director at or prior to the delivery of the bonds and the receipt of payment therefor or in an indenture, trust agreement or fiscal agent agreement between the County and a corporate trustee or fiscal agent located within or without the State. (c) The principal amount of bonds issued and outstanding for a district pursuant to this article shall not exceed one-third of the value of the real property upon which a special tax is levied for payment of the debt service on the bonds. The “value of the real property” shall be the fair market value of the land and special improvements to be constructed within or financed by the district, as evidenced by an appraisal of the subject property made by a certified general real property appraiser who is a Member of the Appraisal Institute (MAI) or a reasonably comparable professional organization of real property appraisers. Notwithstanding the foregoing, such requirement shall not apply if the council finds and determines by a vote of not less than two-thirds of its members that the proposed bond issue will assist materially in promoting significant public policies, programs or initiatives of the County. (1994, ord 94-77, sec 3; am 2007, ord 07-146, sec 5.)32-57 Section 32-58. Expenses includable in proposed bonded indebtedness. The amount of the proposed bonded indebtedness may include all costs and estimated costs incidental to, or connected with, issuing, carrying or repaying the proposed debt or the accomplishment of the purpose for which the proposed debt is to be incurred. (1994, ord 94-77, sec 3.)32-58 32-25 § 32-59H AWAI‘I C OUNTY C ODE Section 32-59. Designation of improvement area. For purposes of financing of, or contributing to the financing of, specified facilities, the council may by ordinance designate a portion or portions of the district as one or more improvement areas. An area shall be known as “Improvement Area No.____” of “Hawai‘i County Community Facilities District No.____.” After the designation of an improvement area, all proceedings for purposes of levying special taxes for purposes of financing such specified facilities shall apply only to the improvement area for those specified facilities, except to the extent otherwise provided in the ordinance. (1994, ord 94-77, sec 3.)32-59 Section 32-60. Foreclosure action to collect unpaid special taxes. (a) In addition to any other remedy provided by law, if any amount levied as a special tax for the payment of bond interest or principal is not paid when due, the County shall, after one hundred twenty days of delinquency of any installment of principal, order that the same, together with any penalties, interest and costs, be collected by an action brought to foreclose the lien of special tax. (b) The council may covenant, for the benefit of bond owners, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest on or principal of any bonds that are issued. The covenant may specify a deadline for commencement of the foreclosure action and any other terms and conditions the council determines reasonable regarding the foreclosure action. (1994, ord 94-77, sec 3.)32-60 Section 32-61. Signing of bonds. Unless otherwise specified in the ordinance providing for issuance of the bonds, the bonds shall be signed by the mayor of the County and countersigned by the director of finance or the director’s deputy. All signatures on the bonds may be manual or facsimile. If any officer whose signature appears on the bonds ceases to be that officer before the delivery of the bonds, this person’s signature is as effective as if this person had remained in office. (1994, ord 94-77, sec 3.)32-61 32-26 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-62 Section 32-62. Levy of amount of special taxes. When the council fixes and levies special taxes for the district it shall also fix and levy that amount of special taxes within the district which is required for the payment of the principal of and interest on any bonds, including any necessary accumulation for or replenishment or expenditures of bond reserve funds or accumulation of funds for future bond payments or to pay for or reimburse payments pursuant to credit enhancement or prior contributions to debt service or other costs or incidental expenses related to the bonds. The special taxes shall be levied and collected by the same officers and at the same time and in the same manner that all other special taxes are levied and collected for the district or in any other manner specified by the council. The special taxes shall not exceed the authority granted by this chapter. All of the collections for payment of principal and interest on bonds and related expenses shall be paid into the district bond fund or reserve, rebate or other fund for the district and shall be used solely for the payment of the principal of and interest on the outstanding bonds of the district and related costs and incidental expenses, all as provided in the ordinance providing for issuance of the bonds. (1994, ord 94-77, sec 3.)32-62 Section 32-63. Manner of sale. The district may sell the bonds so issued at public or private sale at the times, for the price or prices and in the manner the council determines to be appropriate and in the public interest (such determination being final and conclusive). (1994, ord 94-77, sec 3.)32-63 Section 32-64. Action to determine validity. In accordance with section 46-80, Hawai‘i Revised Statutes, as amended, any action to determine or to challenge the validity or issuance of bonds issued or to be issued pursuant to this chapter shall be commenced within thirty days after the council by ordinance authorizes the issuance of the bonds. (1994, ord 94-77, sec 3.)32-64 Section 32-65. Refunding bonds. The council may, by ordinance, authorize issuance of bonds to refund any or all of the district bonds outstanding that have been issued pursuant to this article or to refund general obligation bonds issued in accordance with section 32-71. (1994, ord 94-77, sec 3.)32-65 32-27 § 32-66H AWAI‘I C OUNTY C ODE Section 32-66. Limitations on issuance of refunding bonds. Except in the case of bonds issued to refund general obligation bonds, refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded plus the principal amount of the bonds to be refunded. Subject to such limitations, the principal amount of the refunding bonds may be more than, less than, or the same as the principal amount of the bonds to be refunded. The principal amount of such refunding bonds shall not count against any maximum amount of bonds authorized in the original bond ordinance. (1994, ord 94-77, sec 3.)32-66 Section 32-67. Necessity of procedures for original bond issue. Except as otherwise provided in this article, the council may issue refunding bonds without repeating any of the procedures required for the approval of the original bond issue, if the council determines that it would be prudent in the management of its fiscal affairs, or of benefit to property owners or lessees in the district, to issue the refunding bonds. The provisions of sections 32-57 through 32-64 shall apply to the refunding bonds to the extent such provisions may be made appropriately applicable. (1994, ord 94-77, sec 3.)32-67 Section 32-68. Payment of designated costs of issuing refunding bonds. The designated costs of issuing the refunding bonds, as defined by section 32-69, may be paid from proceeds of the refunding bonds or may be paid from any other legally available source including any available revenues of the council, as determined by the council. However, any amounts paid by the County other than from the proceeds of sale of the refunding bonds or from interest or other gains derived from the investment of the proceeds of sale shall be added to the total net interest costs to maturity on the refunding bonds in determining whether the issuance of the refunding bonds complies with section 32-66. (1994, ord 94-77, sec 3.)32-68 Section 32-69. Designated costs of issuing the refunding bonds. For purposes of this article, the term “designated costs of issuing the refunding bonds” means any of the following costs and expenses designated by the council in the ordinance providing for the issuance of the refunding bonds: (a) All expenses incident to the calling, retiring, or paying of the bonds to be refunded and incident to the issuance of refunding bonds, including the charges of any agent in connection with the issuance of the refunding bonds or in connection with the redemption or retirement of the bonds to be refunded; (b) The interest upon the refunding bonds from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds; (c) Any premium necessary in the calling or retiring of the bonds to be refunded; 32-28 S PECIAL I MPROVEMENT F INANCING B Y C OMMUNITY F ACILITIES D ISTRICTS§32-69 (d) Any insurance premium or fee payable to the issuer of a bond insurance policy or letter of credit insuring all or part of the principal and/or interest due on the refunding bonds; and (e) Any other incidental expense related to the issuance or carrying of the refunding bonds or the redemption or refunding of the bonds to be refunded. (1994, ord 94-77, sec 3.)32-69 Section 32-70. Reduction of refunding bond taxes. All savings achieved through the issuance of refunding bonds may be used by the council to reduce the special taxes which were levied to retire the bonds being refunded. At the time the council makes a determination to issue the refunding bonds, it shall determine and cause to be made any reductions in the annual tax levy in the district, which reductions shall be made on a pro rata basis. (1994, ord 94-77, sec 3.)32-70 Section 32-71. General obligation bonds. The council, in lieu of the issuance of community facilities district bonds as provided in this article, may in its sole discretion issue general obligation bonds of the County, or authorize payment of the required amount from the capital projects fund of the County, or both, in order to pay or reimburse the costs of facilities to be financed and any incidental expenses related thereto. All such general obligation bonds shall be authorized, issued and sold in accordance with chapter 47, Hawai‘i Revised Statutes, as amended, and any facility authorized to be financed under this chapter shall be an “undertaking” within the meaning of chapter 47. Without limiting the generality of the provisions of the foregoing sentence, the form, name, date, denomination, numbers, maximum interest rate, method of execution and all other terms and details of such general obligation bonds shall be fixed and determined in accordance with and as provided by chapter 47. No right of prior redemption need be reserved in the issuance of such bonds, nor shall either the amounts or dates of the maturities of or of the interest on any such bonds be required to conform in any way to the amounts and due dates of any special taxes levied or to be levied under this chapter. The validity of such general obligation bonds shall not be affected in any way by any proceedings taken, contracts made or acts performed in connection with any facility or any special tax for such facility. 32-29 § 32-71H AWAI‘I C OUNTY C ODE If general obligation bonds are issued as provided in this section, except as otherwise provided herein, the council may subsequently direct all moneys collected on account of special taxes for the costs of any facility to finance which such bonds have been issued or for incidental expenses, after the issuance of such bonds, to be applied to the reimbursement of the general fund of the County for interest on and principal of such general obligation bonds. Any amounts collected on account of such special taxes as aforesaid which are not so directed by the council to be applied to such reimbursement shall be appropriated to and become a part of the capital projects fund or general fund of the County as the council may from time to time direct. In connection with any facilities financed with the proceeds of general obligation bonds, proceedings for establishment of a community facilities district or districts or improvement area or areas therein and levy of special taxes with respect thereto may be undertaken at any time prior to or while such general obligation bonds are outstanding to reimburse the County for the cost of such facilities or debt service on such bonds (and such related financing and administrative costs and incidental expenses as the council may determine). Community facilities district bonds may be issued, in accordance with sections 32- 57 through 32-70, to refund all or part of such general obligation bonds. The refunding of any such general obligation bonds (whether with community facilities district bonds or other general obligation bonds) shall not affect the amount or time of payment of any special taxes, except as the council may determine in accordance with section 32-70. (1994, ord 94-77, sec 3.)32-71 Section 32-72. Debt limit calculation. Bonds issued under this chapter, when the only security for such bonds is the special taxes or liens on the property in the district subject thereto, shall be excluded from any determination of the power of the County to issue general obligation bonds or funded debt for purposes of section 13 of Article VII of the Constitution of the State of Hawai‘i. (1994, ord 94-77, sec 3.)32-72 32-30 CHAPTER 33 TAX INCREMENT DISTRICTS Article 1. General Provisions. Section 33-1. Purpose. Section 33-2. Definitions. Section 33-3. Authority; general provisions. Section 33-4. Powers reserved to council. Section 33-5. Private contributions. Section 33-6. Administration; annual report. Section 33-7. Requirements. Section 33-8. Limitation on time to sue. Article 2. Procedure. Section 33-9. Initiation by council; study of proposed project. Section 33-10. Tax increment financing plan. Section 33-11. Establishment of tax increment district. Section 33-12. Termination of a tax increment district. Section 33-13. Provisional tax increment district. Section 33-14. Restrictions on provisional district. Article 3. Tax Increments. Section 33-15. Computation of tax increments. Section 33-16. Tax on leased redevelopment property. Section 33-17. Collection of tax increments. Section 33-18. Tax increment fund. Article 4. Tax Increment Bonds. Section 33-19. Tax increment bonds authorized. Section 33-20. Exemption from taxes. Section 33-21. Contents of bonds. Section 33-22. Execution of bonds; records; funds for payment. Section 33-23. Reserve fund. Section 33-24. Sale of bonds. Section 33-25. Lost, mutilated, stolen or destroyed bonds. Section 33-26. General provisions; bonds. Section 33-27. Bonds not chargeable against general revenue. Section 33-28. Tax increment bond anticipation notes. Section 33-29. General obligation bonds. i Article 5. Refunding Bonds. Section 33-30. Refunding authorized. Section 33-31. Refunding bonds. Section 33-32. Obligations unimpaired. ii T AX I NCREMENT D ISTRICTS§33-1 CHAPTER 33 TAX INCREMENT DISTRICTS Article 1. General Provisions. Section 33-1. Purpose. The purpose of this chapter is to enable the County to utilize tax increment financing to finance public improvements within a specific contiguous or noncontiguous geographic area, which is also an improvement district or a community facilities district, designated a tax increment district, by dedicating a portion of property tax revenue increases within the district to the funding of specific projects. This chapter also allows the creation of provisional tax increment districts, which can provide resources to enable the County to comprehensively address conditions in a targeted area through improvement districts, community facilities districts, or a combination of the two methods in conjunction with tax increment financing. (1994, ord 94-76, sec 3.)33-1 Section 33-2. Definitions. As used in this chapter, the following words and terms shall have the following meanings unless the context indicates a different meaning or intent: “Adjusted assessment base” means the value of the assessment base for a tax increment or provisional tax increment district after adjusting the original assessment base annually by the adjustment rate, the effect of which shall be cumulative. “Adjustment rate” means a percentage rate or rates of adjustment of the assessment base recommended by the director of finance and approved by the council at the time the tax increment or provisional tax increment district is established, based on the historical and projected increases to the assessed values of taxable real property within the boundary of the district and the projected cost increases to the County for servicing the new developments within the district. “Assessment base” means the total assessed values of all taxable real property in a tax increment or provisional tax increment district as most recently certified by the director of finance on the date of creation of the district. “Assessment increment” means the amount by which the current assessed values of taxable real property located within the boundaries of a tax increment or provisional tax increment district exceeds its assessment base. “Blight” means a condition resulting in a reduction in or lack of proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the County. Specifically, this improper utilization must be caused by either: (a) The existence of residential, commercial, industrial or other types of buildings which are unfit or unsafe to occupy and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: (1) Defective design and character of physical construction; 33-1 § 33-2H AWAI‘I C OUNTY C ODE (2) Faulty interior arrangement and exterior spacing; (3) High density of population and overcrowding; (4) Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; or (5) Age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; or (b) The existence of properties which suffer from economic dislocation, deterioration, or whose use is unreasonably impaired because of one or more of the following factors: (1) Faulty planning; (2) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; (3) The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (4) The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without tax increment financing; (5) A prevalence of depreciated values, impaired investments, and social and economic maladjustment; or (6) The existence of lots or other areas which are subject to being submerged by water. “Council” means the council of the County of Hawai‘i. “County” means the County of Hawai‘i. “Director” means the director of finance of the County of Hawai‘i. “Project costs” means expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the district that are listed in a tax increment financing plan as costs of public works or public improvements in a tax increment district, plus other costs incidental to the expenditures or obligations. Project costs include: (a) Capital costs, including the actual costs of the construction of public works or public improvements, new buildings, structures, and fixtures; the actual costs of the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition, clearing, and grading of property; (b) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of tax increment bonds and all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs, any capitalized interest, and any premium paid over the principal amount of the obligations because of the redemption of the obligations prior to maturity; (c) Professional service costs, including architectural, planning, engineering, marketing, appraisal, financial consultant, and special services and legal advice; 33-2 T AX I NCREMENT D ISTRICTS§33-2 (d) Imputed administrative costs, including reasonable charges for the time spent by employees of the County in connection with the implementation of a tax increment financing plan; (e) Relocation costs to the extent required by Federal or State law; (f) Organizational costs, including the costs of conducting environmental impact studies or other studies, the costs of publicizing the creation of a tax increment district, and the cost of implementing the tax increment financing plan for the tax increment district; (g) Payments determined by the council to be necessary or convenient to the creation of a tax increment district or improvement district, or to the implementation of the tax increment financing plan for the tax increment district. “Property” means: (a) Land, including land under water and waterfront property; (b) Buildings, structures, fixtures, and improvements on the land; (c) Any property appurtenant to or used in connection with the land; (d) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens. “Provisional tax increment district” means a contiguous or noncontiguous geographic area designated pursuant to this chapter by the council for the purpose of financing preliminary costs for establishing a tax increment district in conjunction with an improvement district or community facilities district. “Public works” or “public improvements” means any one or any combination of the following which shall be constructed to standards acceptable to the County at the time of the commencement of the project: (a) The establishment, opening, extension, widening, or altering of any street, alley, or other highway or sidewalk; (b) The grading, paving, curbing, or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; (c) The construction, installation, extension, maintenance, reconstruction, additions or improvements of a storm drainage facility or sanitary sewerage system; (d) The construction, installation, extension, maintenance, reconstruction, additions or improvements of a street lighting system; (e) The construction, installation, extension, maintenance, reconstruction, additions or improvements of a water system; (f) The construction, installation, extension, maintenance, reconstruction, additions or improvements of underground or overhead utility facilities including gas, electrical, telephone, or television facilities, and the removal, relocation, replacement or reconstruction thereof; 33-3 § 33-2H AWAI‘I C OUNTY C ODE (g) The establishment, extension, or construction of public off-street parking facilities, pedestrian mall, parks, playgrounds, beach areas, or other public recreational areas and facilities; (h) To make improvements related to the foregoing and to otherwise improve any of the foregoing to an extent exceeding maintenance or repair thereof; (i) Any other public improvement deemed necessary for the tax increment district by the council. “Targeted area” means a specific geographic area proposed to be included in a tax increment or provisional tax increment district in which the council finds that blight significantly impacts and injuriously affects the entire area. “Tax increment” means the amount of real property taxes levied for each fiscal year on the assessment increment. “Tax increment bonds” means bonds, notes, interim certificates, debentures, or other obligations issued pursuant to this chapter. “Tax increment district” or “district” means a contiguous or noncontiguous geographic area designated pursuant to this chapter by the council for the purpose of tax increment financing. “Tax increment financing plan” or “financing plan” means the plan for tax increment financing for a district submitted to and approved by the County council. The tax increment financing plan shall contain estimates of: (a) Project costs; (b) Amount of tax increment bonds to be issued; (c) Sources of revenue to finance or otherwise pay project costs; (d) The most recent assessed value of taxable real property in the district; (e) The duration of the district’s existence; (f) The financial and budgetary impacts on the County resulting from the proposed tax increment financing plan; (g) The proposed adjustment rate as recommended by the director of finance. “Tax increment fund” or “fund” means a fund held by the director or other fiduciary designated by the council and into which all tax increments, other moneys pledged by the County for payment of tax increment bonds and any moneys available for project costs are paid, and all proceeds from the sale of tax increment bonds are deposited, and from which moneys are disbursed to pay project costs for the tax increment district or to satisfy claims of holders of tax increment bonds issued for the district, or as otherwise authorized herein. “Total assessed value” means the gross assessed value less any applicable exemptions, and is also referred to as the “net assessed value.” (1994, ord 94-76, sec 3.)33-2 33-4 T AX I NCREMENT D ISTRICTS§33-3 Section 33-3. Authority; general provisions. (a) Whenever in the opinion of the council it is desirable to create a tax increment or provisional tax increment district, the district shall be created and the project financed under the provisions of this chapter. (b) All project costs of a tax increment or provisional tax increment district shall be paid from the tax increment fund of that district. (c) The County may issue and sell tax increment bonds to provide funds to pay project costs upon finding that the tax increment of the district and any other available revenues will be sufficient to cover the full debt service on any such bonds. Both principal and interest on tax increment bonds shall be payable solely from the tax increment fund, all according to the provisions of this chapter. (1994, ord 94-76, sec 3.)33-3 Section 33-4. Powers reserved to council. Any provision of law to the contrary notwithstanding, the council reserves the following powers over any tax increment district proposal: (a) If, for any reason whatsoever, the tax increment bonds authorized under article 4 are not sold or cannot be sold to any acceptable purchaser within a reasonable time, then the council shall have the power and authority to terminate the project to be financed by the tax increment district, or any part thereof. In the event that the project is terminated, all project costs incurred to the date of termination shall be paid from the tax increment fund. (b) In addition to the foregoing, at any time during the proceedings of any tax increment or provisional tax increment district proposal up to and including the adoption of the ordinance creating a tax increment district under section 33-11, the council shall have the power and authority to terminate the entire tax increment district project, or any part thereof, if it determines that the tax increment district project is not in the public interest. (c) In addition to the foregoing, at any time during the proceedings of any tax increment district proposal up to and including the adoption of the ordinance creating a tax increment district under section 33-11 hereof, the council shall have the power and authority to require the inclusion of costs of off-site improvements such as roads, water, sewers, drainage, which may be outside the tax increment district boundaries but which service the tax increment district. In the event that such costs are to be so included, the appropriate resolutions and ordinances shall be amended accordingly. (1994, ord 94-76, sec 3.)33-4 33-5 § 33-5H AWAI‘I C OUNTY C ODE Section 33-5. Private contributions. The owner or owners of real property located in a tax increment district or provisional tax increment district may advance funds for project costs. Any funds advanced under this section shall be deposited in the tax increment fund for the district. To the extent that such funds are used to pay project costs of the district, the council shall authorize partial or full reimbursement from the tax increment fund to the property owners who advanced such funds upon the termination of the district if money is available in the fund to make such reimbursement. If the funds advanced are not used to pay project costs within three years of the date they are advanced, the money shall be returned at that time to the property owners who advanced the funds along with the interest earned, if any, on the investment of the funds advanced while they were on deposit with the district. (1994, ord 94-76, sec 3.)33-5 Section 33-6. Administration; annual report. (a) The director of finance shall be responsible for the administration of this chapter, including any tax increment districts enacted hereunder, and shall adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, as necessary for the purposes of implementing this chapter. (b) The director of finance shall prepare an annual report to be submitted to the council by August 15 of every year on the status of every tax increment and provisional tax increment district. The report shall: (1) Update the estimates and projections provided in the original plan(s); (2) Certify the amount of the assessment increment to the council, together with the proportion that the assessment increment bears to the total assessed value of the real property within the district for that year; and (3) Provide such additional information as the director deems necessary or the council requests. (1994, ord 94-76, sec 3.)33-6 Section 33-7. Requirements. No tax increment district can be created unless the council finds that the proposed district meets all of the following requirements: (a) The project area proposed to be included in the district is a targeted area. (b) The improvements necessary to remedy the conditions in the targeted area cannot reasonably be expected to be accomplished in a reasonable time without tax increment financing. 33-6 T AX I NCREMENT D ISTRICTS§33-7 (c) The assessment base of the property proposed to be included in the district shall not cause the total assessed valuation of all property included in tax increment districts, determined at the time the districts were created as supplemented by the assessed valuation of property subsequently included in a district at such time of inclusion, to exceed ten percent of the total assessedvalue of all taxable real property in the County. (d) The project area is also designated as an improvement district or community facilities district pursuant to the Hawai‘i County Code. (1994, ord 94-76, sec 3.)33-7 Section 33-8. Limitation on time to sue. No action or proceeding to review any acts or proceedings or to question the validity or enjoin the performance of any act, the issue or payment of any bonds, or the allocation of any tax increment authorized by this chapter, whether based upon irregularities or jurisdictional defects, or otherwise, shall be maintained unless begun within thirty days after performance of the act or the passage of the resolution or ordinance complained of. (1994, ord 94-76, sec 3.)33-8 Article 2. Procedure. Section 33-9. Initiation by council; study of proposed project. (a) The council shall, by resolution requiring not more than one reading for its adoption: (1) Determine the boundaries of a proposed district. (2) Direct the director of finance to investigate and report to the council within sixty calendar days: (A) The total assessed value of: (i) All taxable real property in the County, and (ii) The assessment base of the proposed district; (B) The total assessed values of all taxable real property in the proposed district compared to the total assessed values of all taxable real property in the County over the two years immediately preceding the current year; (3) Direct the director of public works to investigate and report to the council within sixty calendar days: (A) Preliminary data concerning the current status of improvements within the proposed district, including: (i) Any revisions recommended to the proposed boundaries of the district; (ii) The present extent of public and private infrastructure located within the boundaries of the proposed district; (iii) The infrastructure needs within the proposed district, listed in order of their priority. 33-7 § 33-9H AWAI‘I C OUNTY C ODE (B) The general character and extent of any improvements to be proposed, and their estimated cost; (C) Whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost, if any, which should be borne by the County; (D) Upon consultation with the planning director, determine: (i)The present zoning within the proposed district; (ii) The extent to which the present land use within the proposed district conforms to the County general plan; (iii) The extent to which the present land use within the proposed district relates to any community development plan for the area; (iv) The likelihood of the needs identified in subsection (a)(3)(A)(iii) of this section being addressed by the County or private means without the use of tax increment financing; (v) Any additional information which may assist the council in determining if the proposed district is a targeted area. (E) If the proposed district includes the construction or improvement of a water system or any part thereof, the director of public works shall consult with the department of water supply in determining the estimate of the cost to be included in the preliminary report to the council. (b) After the above reports have been furnished and filed with the council, they shall not be acted upon until one week has elapsed from the date of the filing of the last report. If any one or more of the reports required in subsection (a) above are not filed with the council within the required sixty days, the council may proceed with the district without such reports. (c) Thereafter the council may, by resolution requiring one reading for its adoption: (1) Find that the area proposed to be included in a tax increment district meets all of the requirements of section 33-7. (2) Direct the finance director to prepare and submit to the council within sixty calendar days a tax increment financing plan which shall contain estimates of: (A) Project costs; (B) Amount of tax increment bonds to be issued; (C) Sources of revenue to finance or otherwise pay project costs; (D) The most recent assessed value of taxable real property in the district; (E) The duration of the district’s existence; (F) The recommended adjustment rate for the district; (G) Statement regarding the financial and budgetary impacts on the County resulting from the proposed tax increment financing plan. (1994, ord 94-76, sec 3.)33-9 33-8 T AX I NCREMENT D ISTRICTS§33-10 Section 33-10. Tax increment financing plan. In preparing the report required by section 33-9(c)(2), the director of finance may consult with the director of public works, the planning director, or with such financial consultant as has been specially employed by the mayor on behalf of the County to assist in the proceedings or who may otherwise be available to the County. The report may include such sums as deemed proper by the director of finance for reserve funds, bond discount allowances, and construction contingencies in determining the estimate of project costs. (1994, ord 94-76, sec 3.)33-10 Section 33-11. Establishment of tax increment district. The council may provide for tax increment financing by approving a tax increment financing plan and adopting an ordinance establishing the tax increment district. The ordinance shall: (a) Describe the boundaries of the tax increment district; (b) Provide for the date of commencement of the tax increment district and the date of termination of the district; (c) Provide for the establishment of a tax increment fund for the district; and (d) Provide for such other matters deemed to be pertinent and desirable for tax increment financing and not inconsistent with the County general plan or any relevant redevelopment or community development plan. (1994, ord 94-76, sec 3.)33-11 Section 33-12. Termination of a tax increment district. A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a subsequent ordinance, but in no event shall the district terminate until such time as all project costs and tax increment bonds issued for the district and the interest thereon have been paid in full, or sufficient funds have been irrevocably deposited in a special fund or other escrow account held in trust for all outstanding tax increment bonds issued for such district to provide for the payment of such bonds at maturity or date of redemption and interest and premium, if any, thereon. (1994, ord 94-76, sec 3.)33-12 Section 33-13. Provisional tax increment district. A provisional tax increment district may be created by the council when an area meets the definition of a targeted area and the council finds either that tax increment financing alone will be unable to adequately address the conditions in the targeted area or that the owners of land in the targeted area should participate in the expense of addressing the conditions to a greater extent than is provided for with tax increment financing. (a) The council shall, by resolution requiring not more than one reading for its adoption: (1) Determine the boundaries of a proposed district. 33-9 § 33-13H AWAI‘I C OUNTY C ODE (2) Direct the director of finance and director of public works to investigate and report to the council the same information as required by subsections 33-9(a)(2) and 33-9(a)(3). (3) Fix a date of public hearing upon the proposed provisional tax increment district, which date shall be not less than fifteen days after the first publication of notice thereof in a newspaper of general circulation in the County. (b) After the above reports have been furnished and filed with the council, they shall not be acted upon until one week has elapsed from the date of the filing of the last report. If any one or more of the reports required in subsection (a) above are not filed with the council within the required sixty days, the council may proceed with the district without such reports. (c) After the adoption of the resolution, the County clerk shall cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in accordance with the requirements of the County Charter and the Hawai‘i Revised Statutes for public notice, giving notice, generally, to all owners of land proposed to be included in the provisional district and to all others interested in the general details of the improvements as proposed by the council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearing. Like notices shall be posted at least ten days prior to the hearing at a public place in the judicial district in which the proposed provisional district is located. (d) Any failure to post, mail, or receive the notice described above, shall not invalidate the proceedings held thereafter. (e) If, as a result of the public hearing, the council finds that the owners of property in the proposed district do not support the proposed improvements, or are not willing to pay for the improvements through the improvement district or similar process if necessary, the council may at its sole discretion terminate the provisional tax increment district proceedings. (f) If the council decides to proceed with the creation of a provisional tax increment district after the public hearing, it may by ordinance provide for the creation of a provisional tax increment district. This ordinance shall accept the reports of the director of finance and director of public works required by subsection (a) of this section, and shall: (1) Find that the area proposed to be included in a provisional tax increment district meets all of the requirements of section 33-7; (2)Create a provisional tax increment district which will terminate not later than five years from the date of its creation if it has not been converted by ordinance passed in accordance with section 33-11 to a tax increment district before its termination; (3)Describe the boundaries of the provisional tax increment district; (4) Provide for the date of commencement and termination of the provisional tax increment district; 33-10 T AX I NCREMENT D ISTRICTS§33-13 (5) At the option of the council, this ordinance may provide that until an improvement district is approved by the owners of land in a proposed provisional tax increment district, funds in the tax increment fund may be used only for: (A) Preliminary costs for initiating an improvement district in accordance with section 12-10, Hawai‘i County Code, including but not limited to the cost of title searches, postage, and other administrative costs; (B) Any preliminary plans and engineering specifically authorized by the council as necessary for the initiation of an improvement district in the targeted area. (1994, ord 94-76, sec 3.)33-13 Section 33-14. Restrictions on provisional district. (a) A provisional tax increment district shall be subject to the following: (1) No tax increment bonds or bond anticipation notes shall be issued to provide funds for a provisional tax increment district. (2) The council may by ordinance extend the term of a provisional tax increment district for no more than two years beyond its original term. (3) During the term of a provisional tax increment district, and subject to the limitation of subsection 33-13(f)(5) above, if appropriate, the money in the tax increment fund may be used only for: (A) Preliminary costs for initiating an improvement district in accordance with section 12-10, Hawai‘i County Code, including but not limited to the cost of title searches, postage, and other administrative costs; (B) Professional service costs and administrative costs to prepare financial projections and to identify all methods available to remedy the condition in the targeted area, including but not limited to determining the feasibility of the proposed tax increment district to accomplish its goals through tax increment financing and/or the improvement district process as established in chapter 12, Hawai‘i County Code; (C) Preparation of a tax increment financing plan for the district if this mechanism is determined to be feasible; and (D) Professional service costs and administrative costs for the district to prepare detailed plans and specifications for the projects proposed. (4) During the term of a provisional tax increment district, the council may not exercise the power of eminent domain in connection with the acquisition of property in the tax increment district. (b) At any time during the term of a provisional tax increment district the council may approve a tax increment financing plan in accordance with section 33-11 and by ordinance convert the provisional tax increment district into a tax increment district. The council at its option may require that an improvement district be approved by the owners of land in the targeted area before a provisional tax increment district is converted to a tax increment district. 33-11 § 33-14H AWAI‘I C OUNTY C ODE (c) If a provisional tax increment district is converted to a tax increment district, the adjusted assessment base of the provisional tax increment district at the time of the conversion shall become the assessment base of the tax increment district. (d) If at the end of its term a provisional tax increment district has not been converted to a tax increment district, all money remaining in the tax increment fund of the provisional tax increment district shall, to the extent it is not encumbered, be returned to the general fund. (1994, ord 94-76, sec 3.)33-14 Article 3. Tax Increments. Section 33-15. Computation of tax increments. Upon or after creation of a tax increment district or a provisional tax increment district, the director of finance shall certify the assessment base of the tax increment district and shall certify in each year thereafter the amount by which the assessment base has increased or decreased as a result of a change in tax exempt status of property within the district, or reduction or enlargement of the district. The amount to be added to the assessment base of the district as a result of previously tax exempt real property within the district becoming taxable shall be equal to the assessed value of the real property as most recently assessed or, if the assessment was made more than one year prior to the date of transfer rendering the property taxable, the value which shall be assessed by the director of finance at the time of such transfer. The amount to be added to the assessment base of the district as a result of enlargements thereof shall be equal to the assessed value of the additional real property as most recently certified by the director of finance as of the date of modification of the tax increment financing plan. The amount to be subtracted from the assessment base of the district as a result of previously taxable real property within the district becoming tax exempt, or a reduction in the geographic area of the district, shall be the amount of assessment base initially attributed to the property becoming tax exempt or being removed from the district. If the assessed value of property located within the tax increment district is reduced or increased by reason of a board of review decision, court-ordered abatement, stipulated agreement, or voluntary abatement made by the director of finance, the increase or reduction shall be applied to the assessment base of the district when the property upon which the change is made has not been improved since the date of creation of the district, and to the assessment increment of the district in each year thereafter when the change relates to improvements made after the date of creation. (1994, ord 94-76, sec 3.)33-15 33-12 T AX I NCREMENT D ISTRICTS§33-16 Section 33-16. Tax on leased redevelopment property. Whenever property in the tax increment district has been redeveloped and thereafter is leased by the County to any person or whenever the County leases real property in any tax increment district to any person for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of the lessee’s leasehold interest. (1994, ord 94-76, sec 3.)33-16 Section 33-17. Collection of tax increments. (a) Commencing with the first payment of real property taxes levied by the County subsequent to the time a district takes effect, receipts from real property taxes collected for this district shall be allocated and paid as follows: (1) The amount of real property tax produced from the original assessment base shall be paid to the general fund; and (2) The tax increments produced from the assessment increment in the district shall be applied as follows: (A) First, an amount equal to (i) the installment of principal and interest falling due for any tax increment bonds, or (ii) any project cost approved by the council, shall be deposited into a tax increment fund established when the district was created. (B) Second, an amount equal to the amount of real property tax produced on the adjusted assessment base reduced by the amount already paid to the general fund in subsection (1) of this section shall be paid to the general fund. (C) Third, the remaining amount of tax increments, if any, shall be deposited into the tax increment fund. (b) The allocation of real property taxes pursuant to this section shall not limit the power of the County under section 47-12, Hawai‘i Revised Statutes, to levy ad valorem taxes without limitation as to rate or amount on all real property subject to taxation by the County for the payment of principal and interest of its general obligation bonds. (1994, ord 94-76, sec 3.)33-17 Section 33-18. Tax increment fund. (a) Money shall be disbursed from the tax increment fund for a tax increment district only to: (1) Satisfy the claims of holders of tax increment bonds issued for the tax increment district; (2) Pay project costs for the district; 33-13 § 33-18H AWAI‘I C OUNTY C ODE (3) Make payments for project costs or debt service to a special assessment fund established upon the creation of an improvement district whose boundaries are identical to that of the tax increment district; (4) Make payments to the County as provided in subsection (c) of this section or section 33-29(d). (b) Subject to an agreement with the holders of tax increment bonds, money in a tax increment fund may be temporarily invested in the same manner as other funds in the County. (c) In any year in which the tax increment exceeds the amount necessary to pay all project costs, and all installments of principal and interest of tax increment bonds issued for a district falling due, and the amount paid to the general fund pursuant to section 33-17(a)(2)(B), and subject to any agreement with bondholders, any excess money in the tax increment fund at the option of the council shall be used to redeem or purchase any outstanding tax increment bonds issued for the district, discharge the pledge of tax increment therefor, be paid into an escrow account dedicated to the payment of such bonds, be paid over to the general fund, or any combination thereof. (1994, ord 94-76, sec 3.)33-18 Article 4. Tax Increment Bonds. Section 33-19. Tax increment bonds authorized. The council may authorize the issuance of tax increment bonds, the proceeds of which may be used to pay project costs for a district or to satisfy claims of bondholders. Both principal, interest and premium, if any, on tax increment bonds shall be made payable solely from the tax increment fund established for the district. The County may provide in its contract with the owners or holders of the tax increment bonds that the County will pay into the tax increment fund all or any part of the revenue or money produced or received as a result of the operation or sale of a facility acquired, improved, or constructed pursuant to either a redevelopment plan, as defined in section 53-1, Hawai‘i Revised Statutes, or a community development plan, as defined in section 206E-5, Hawai‘i Revised Statutes, to be used to pay principal and interest on the tax increment bonds and, if the County so agrees, the owners or holders of tax increment bonds may have a lien or mortgage on any facility acquired, improved or constructed with the proceeds of the tax increment bonds. The County may issue such types of bonds as it may determine including bonds on which the moneys in the tax increment funds are derived: (a) Exclusively from the income and revenues of the projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the State or Federal government in aid of the projects. (b) Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of the bonds. (c) In whole or in part from taxes allocated to, and paid into the tax increment fund pursuant to the provisions of this chapter. 33-14 T AX I NCREMENT D ISTRICTS§33-19 (d) From its revenues generally. (e) From any contributions or other financial assistance from the State or Federal government. (f) By any combination of these methods. (1994, ord 94-76, sec 3.)33-19 Section 33-20. Exemption from taxes. (a) Pursuant to section 46-106(b), Hawai‘i Revised Statutes, tax increment bonds, and the income therefrom, issued under this chapter shall be exempt from all State and County taxation, except estate and transfer taxes. (b) Bonds issued under this chapter, to the extent practicable, shall be issued so as to comply with requirements imposed by valid Federal law providing that the interest on those bonds shall be excluded from gross income for Federal income tax purposes (except as certain minimum taxes or environmental taxes may apply). The director of finance is authorized to enter into arrangements, establish funds or accounts, and take any action required in order to comply with any valid Federal law. Nothing in this chapter shall be deemed to prohibit the issuance of bonds, the interest on which may be included in gross income for Federal income tax purposes. For the purpose of ensuring that interest on bonds issued pursuant to this chapter which is excluded from gross income for Federal income tax purposes (except as provided above) on the date of issuance shall continue to be so excluded, no County officer or employee or user of an undertaking or loan program shall authorize or allow any change, amendment, or modification to an undertaking or loan program financed or refinanced with the proceeds of the bonds which change, amendment or modification would affect the exclusion of interest on the bonds from gross income for Federal income tax purposes unless the change, amendment or modification shall have received the prior approval of the director of finance. Failure to receive the approval of the director of finance shall render any change, amendment, or modification void. (1994, ord 94-76, sec 3.)33-20 Section 33-21. Contents of bonds. (a) The director of finance, upon authorization by the council by ordinance, may issue tax increment bonds. Tax increment bonds shall bear the name of the district, shall be dated, be payable upon demand or mature at a time or times not exceeding thirty years from their date of issuance, bear interest at a rate or rates, be in a denomination or denominations, be in registered form, have a rank or priority, be executed in a manner, be payable at a place or places, and be subject to terms of redemption (with or without premium), be secured in a manner, and have other characteristics as may be determined by the council or the director of finance as herein provided. The County may sell tax increment bonds in such manner, either at public or private sale, and for such price as it may determine. 33-15 § 33-21H AWAI‘I C OUNTY C ODE (b) Unless the council shall itself perform the actions, the director of finance shall: (1) Determine the date, denomination or denominations, interest payment dates, maturity date or dates, place or places of payment, registration privileges and place or places of registration, redemption price or prices and time or times and terms and conditions and method of redemption; (2) The rights of the holder to tender for purchase and the price or prices and time or times and terms and conditions upon which those rights may be exercised; (3) The rights to purchase and price or prices and the time or times and terms and conditions upon which those rights may be exercised and the purchase may be made; and (4) Determine all other details of bonds issued under this chapter. (c) The principal of and interest and premium, if any, on all bonds issued under this chapter shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. Tax increments bonds shall be subject to call but not prior to the second interest date thereof as hereinafter provided and at such premium, if any, as may have been provided for in the ordinance authorizing such bonds. (d) Prior to the preparation of definitive tax increment bonds, the County may authorize issuance of interim receipts or temporary bonds exchangeable for definitive bonds when such bonds have been executed and are available for delivery. (1994, ord 94-76, sec 3.)33-21 Section 33-22. Execution of bonds; records; funds for payment. (a) Tax increment bonds shall be executed by the director of finance, or by a deputy of the director of finance duly designated by the director to execute such bonds, and issued pursuant to and under the authority and requirements of the ordinance of the council. The bonds shall bear the lithographed or engraved facsimile signature of the mayor and shall be impressed with a lithographed or engraved facsimile of the seal of the County. If the council provides that no such tax increment bond shall be valid or obligatory unless and until there shall be manually executed a certificate of authentication thereof, all signatures of County officials on the bonds may be facsimiles of their respective signatures. (b) The director of finance shall preserve a record of the bonds in a suitable book kept for that purpose. The council shall provide for books of registry to be kept for the registration of improvement bonds issued in fully registered form. (c) The bonds shall be payable only out of moneys in the tax increment fund of the district for which they are issued or from the reserve fund established pursuant to section 33-23, if the moneys in the tax increment fund are insufficient to pay the bonds or the interest thereon as they become due. The County shall not otherwise guarantee payment of any such bonds issued under the provisions of this chapter. (1994, ord 94-76, sec 3.)33-22 33-16 T AX I NCREMENT D ISTRICTS§33-23 Section 33-23. Reserve fund. The council may provide in the ordinance adopted pursuant to section 33-19 for a reserve fund as additional security for the payment of principal and interest on tax increment bonds issued in proceedings taken pursuant to this chapter. The reserve fund may be initially funded from the proceeds from the sale of tax increment bonds with respect to which such reserve fund is established in such amount as is designated by the council in the ordinance authorizing such bonds. Moneys in a reserve fund shall be used in accordance with the provisions of section 33-22(c) and to pay the principal or interest, or both, in whole or in part, on the last outstanding maturity or maturities of the bonds. (1994, ord 94-76, sec 3.)33-23 Section 33-24. Sale of bonds. (a) The director of finance may make such arrangements as may be necessary or proper for the sale of each issue of bonds or part thereof as are issued under this article, including, without limitation, arranging for the preparation and printing of the bonds, the official statement and any other documents or instruments deemed required for the issuance and sale of bonds and retaining those financial, accounting, and legal consultants, all upon such terms and conditions as the director of finance deems advisable and in the best interest of the County. The council may authorize the director of finance to offer the bonds at competitive sale or to negotiate the sale of the bonds to: (1) Any person or group of persons; (2) The United States of America, or any board, agency, instrumentality, or corporation thereof; (3) The employees retirement system of the State; (4) Any political subdivision of the State; (5) Any board, agency, instrumentality, public corporation, or other governmental organization of the State; or of any political subdivision of the State. (b) Subject to any limitation imposed by the council by the ordinance authorizing the bonds, the sale of the bonds by the director of finance by negotiation shall be at such price or prices and upon such terms and conditions, from time to time in such manner, as the director of finance shall approve. (c) Subject to any limitation imposed by the council by the ordinance authorizing the bonds, the sale of the bonds by the director of finance at competitive sale shall be at such price or prices and upon such terms and conditions, and the bonds shall bear interest at such rate or rates or such varying rates determined from time to time in the manner, as specified by the successful bidder, and the bonds shall be sold in accordance with this subsection. The bonds offered at competitive sale shall be sold only after published notice of sale advising prospective purchasers of the proposed sale. The bonds offered at competitive sale may be sold to the bidder offering to purchase the bonds at the lowest interest cost, the interest cost, for the purpose of this subsection, being determined on one of the following bases as selected by the director of finance: 33-17 § 33-24H AWAI‘I C OUNTY C ODE (1) The figure obtained by adding together the amounts of interest payable on the bonds from their date to their respective maturity dates at the rate or rates specified by the bidder and deducting from the sum obtained the amount of any premium offered by the bidder; (2) Where the interest on the bonds is payable annually, the annual interest rate (compounded annually), or, where the interest on the bonds is payable semiannually, the rate obtained by doubling the semiannual interest rate (compounded semiannually), necessary to discount the principal and interest payments on the bonds from the dates of payment thereof to the date of the bonds and to the price bid (the price bid for the purpose of this paragraph shall not include the amount of interest accrued on the bonds from their date to the date of delivery and payment); or (3) Where the interest on the bonds is payable other than annually or semiannually or will vary from time to time, upon such basis as, in the opinion of the director of finance, shall result in the lowest cost to the County; provided that in any case the right shall be reserved to reject any or all bids and waive any irregularity or informality in any bid. (d) Bonds offered at competitive sale, without further action of the council, shall bear interest at the rate or rates specified by the successful bidder or varying rate or rates determined from time to time in the manner specified by the successful bidder with the consent of the director of finance. The notice of sale required by this section shall be published at least once and at least five days prior to the date of the sale in a newspaper circulating in the County and in a financial newspaper or newspapers published in any of the cities of New York, Chicago, or San Francisco, and shall be in such form and contain such terms and conditions as the director of finance shall determine. The notice of sale shall comply with the requirements of this section if it merely advises prospective purchasers of the proposed sale and makes reference to a detailed notice of sale which is available to the prospective purchasers and which sets forth the specific details of the bonds and terms and conditions upon which such bonds are to be offered. The notice of sale published and any detailed notice of sale may omit the date and time of sale, in which event the date and time shall be either published in the same newspapers in which the notice of sale has been published or transmitted via electronic communication systems deemed proper by the director of finance which is generally available to the financial community, in either case at least forty-eight hours prior to the time fixed for the sale. (e) The proceeds of the sale of bonds shall be applied to pay the project costs of the district. If no purchaser is found, the County may be the purchaser of any such bonds, using any funds available and unspent. Bonds sold to a purchaser other than the County may be sold for such discount as is acceptable to the council. (1994, ord 94-76, sec 3.)33-24 33-18 T AX I NCREMENT D ISTRICTS§33-25 Section 33-25. Lost, mutilated, stolen or destroyed bonds. Should any bond issued under this chapter become mutilated or be lost, stolen, or destroyed, the County may cause a new bond of like date, number, and tenor to be executed and delivered in exchange and substitution for, and upon the cancellation of such mutilated bond, or in lieu of and in substitution for, and upon the cancellation of such mutilated bond, or in lieu of and in substitution for such lost, stolen, or destroyed bond. Such new bond shall not be executed or delivered until the holder of the mutilated, lost, stolen, or destroyed bond: (a) Has paid reasonable expenses and charges in connection therewith; (b) In the case of a lost, stolen, or destroyed bond, has filed with the County or its fiduciary satisfactory evidence that such bond was lost, stolen, or destroyed, and that the holder was owner thereof; and (c) Has furnished indemnity satisfactory to the County. (1994, ord 94-76, sec 3.)33-25 Section 33-26. General provisions; bonds. (a)Notwithstanding any of the provisions of this chapter or any recital in any tax increment bond issued under this chapter, all tax increment bonds shall be deemed to be investment securities under the Uniform Commercial Code, chapter 490, Hawai‘i Revised Statutes, subject only to the provisions pertaining to registration. (b) In any suit, action, or other proceeding involving the validity or enforceability of a bond issued under this chapter or the security for a bond or note issued under this chapter, a bond reciting in substance that it had been issued by the County for the tax increment district shall be conclusively deemed to have been issued for that purpose, and the development or redevelopment of the district conclusively shall be deemed to have been planned, located, and carried out as provided by this chapter. (c) The tax increment bonds bearing the signature or facsimile signature of officers in office on the date of the signing thereof shall be valid and sufficient for all purposes, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be officers of the County. (d) Tax increment bonds shall not be issued in an amount exceeding the total costs of implementing the tax increment financing plan for which they were issued. (1994, ord 94-76, sec 3.)33-26 33-19 § 33-27H AWAI‘I C OUNTY C ODE Section 33-27. Bonds not chargeable against general revenue. (a) Tax increment bonds shall be payable only out of the tax increment fund. The council may pledge irrevocably all or a part of the fund for payment of the bonds. The part of the fund pledged in payment thereafter shall be used only for the payment of the bonds or interest or redemption premium, if any, on the bonds until the bonds have been fully paid. If the council has pledged a part of the fund for payment of bonds, a holder of the bonds shall have a lien against the fund for payment of the bonds and interest thereon and may either at law or in equity protect and enforce such lien. (b) No officer of the County including any officer executing tax increment bonds shall be liable for the tax increment bonds by reason of the issuance thereof. Tax increment bonds issued under this chapter shall not be general obligations of the County, nor in any event shall they give rise to a charge against the general credit or taxing powers of the County or be payable other than as provided by this chapter. No holder of bonds issued under this chapter shall have the right to compel any exercise of the taxing power of the County to pay such bonds or the interest thereon, and no moneys other than the moneys in the tax increment fund pledged to the bonds shall be applied to the payment thereof. Tax increment bonds issued under this chapter shall state these restrictions on their face. (1994, ord 94-76, sec 3.)33-27 Section 33-28. Tax increment bond anticipation notes. Whenever the County has authorized the issuance of tax increment bonds under this chapter, tax increment bond anticipation notes of the County may be issued in anticipation of the issuance of such bonds and of the receipt of the proceeds of sale thereof, for the purposes for which such bonds have been authorized. All tax increment bond anticipation notes shall be authorized by the County, and the maximum principal amount of such notes shall not exceed the authorized principal amount of the bonds. The notes shall be payable solely from and secured solely by the proceeds of sale of the tax increment bonds in anticipation of which the notes are issued and the moneys in the tax increment fund from which would be payable and by which would be secured such bonds; provided that to the extent that the principal of the notes shall be paid from moneys other than the proceeds of sale of such bonds, the maximum amount of bonds authorized in anticipation of which the notes are issued shall be reduced by the amount of notes paid in such manner. The authorization, issuance, and details of such notes shall be governed by this chapter with respect to tax increment bonds insofar as the same may be applicable; provided that each note, together with renewals and extensions thereof, or refundings thereof by other notes issued under this section, shall mature within five years from the date of the original note. (1994, ord 94-76, sec 3.)33-28 33-20 T AX I NCREMENT D ISTRICTS§33-29 Section 33-29. General obligation bonds. (a) For any project initiated pursuant to this chapter, the council, in lieu of the issuance of tax increment bonds, may in its sole discretion issue general obligation bonds of the County or authorize payment of the required amount from the general fund of the County. The proceeds of such general obligation bonds or any amount paid by the County out of the general fund shall be deposited in the tax increment fund for the appropriate district and expended only in accordance with section 33-18. (b) All such general obligation bonds shall be authorized, issued and sold under, pursuant to, and in accordance with chapter 47, Hawai‘i Revised Statutes, as amended, all of the provisions of which chapter shall be applicable thereto. Without limiting the generality of the provisions of the foregoing sentence, the form, name, date, denomination, numbers, maximum interest rate, method of execution and all other details of such general obligation bonds shall be fixed and determined in accordance with and as provided by chapter 47. No right of prior redemption needs to be reserved in the issuance of such bonds, nor shall either the amounts or dates of the maturities of any such bonds be required to conform in any way to the amounts of tax increments to be collected. (c) The validity of such general obligation bonds shall not be dependent on or affected in any way by any proceedings taken or any contracts made, acts performed or done in connection with, or in furtherance of, any improvement or any assessments for such improvement. (d) If general obligation bonds are issued as provided in this section, all moneys collected on account of the tax increment may, to the extent so directed by the council, be applied to the reimbursement of the general fund of the County to the extent of the amounts paid for interest on and principal of such general obligation bonds. Any amounts collected on account of the tax increment as aforesaid to the extent not so directed by the council to be applied to such reimbursement or in excess of the amounts required for such reimbursement shall be applied in the manner set forth in section 33-17. (e) The provisions of sections 33-23, 33-24, 33-25, 33-26 and 33-27 shall not apply to the general obligation bonds authorized by this section and such sections shall be restricted in their application to tax increment bonds. (1994, ord 94-76, sec 3.)33-29 Article 5. Refunding Bonds. Section 33-30. Refunding authorized. The County may issue tax increment refunding bonds for the purpose of paying or retiring or in exchange for tax increment bonds previously issued by the County. Both principal and interest on tax increment refunding bonds shall be made payable solely from the tax increment fund. (1994, ord 94-76, sec 3.)33-30 33-21 § 33-31H AWAI‘I C OUNTY C ODE Section 33-31. Refunding bonds. (a) Tax increment refunding bonds issued for the refunding of the outstanding indebtedness of any tax increment district shall bear the name of the tax increment district for which they are issued, and shall be issued and sold under all the conditions and terms as prescribed by article 4 of this chapter, except as otherwise provided in this chapter. (b) A different rate of interest than that authorized in the original issue of tax increment bonds may be prescribed and the tax increment refunding bonds may be authorized to run for a term exceeding thirty years from the date of their issuance or fifteen years from the final maturity date of the tax increment bonds being refunded. (c) If the final maturity date of the tax increment refunding bonds exceeds the final maturity date of the tax increment bonds being refunded, the council shall, if necessary, pass an ordinance amending the original ordinance passed in accordance with section 33-11 to change the termination date of the district to coincide with the final maturity of the tax increment refunding bonds. Such ordinance shall be passed by the council prior to the issuance of such refunding bonds. (1994, ord 94-76, sec 3.)33-31 Section 33-32. Obligations unimpaired. Nothing in this article shall be construed as giving the council the authority to impair the obligations of the tax increment district under any outstanding tax increment bonds. (1994, ord 94-76, sec 3.)33-32 33-22 CHAPTER 34 PUBLIC ACCESS Article 1. General Provisions. Section 34-1. Title. Section 34-2. Statutory authority. Section 34-3. Definitions. Article 2. Administration. Section 34-4. Application. Article 3. Requirements. Section 34-5. Subdivision and development of land. Section 34-6. Multiple-family development. Section 34-7. Width of public access. Article 4. Dedication of Access. Section 34-8. Subdivision of land. Section 34-9. Multiple-family development. Section 34-10. Responsibility for cost of improvements and maintenance. Article 5. Use of Public Accesses. Section 34-11. Regulation of use. Section 34-12. Abuse of a public access. Section 34-13. Penalties. Section 34-14. Maintenance and protection. Article 6. Appeal Procedures. Section 34-15. Filing. i This page intentionally left blank. P UBLIC A CCESS§34-1 CHAPTER 34 PUBLIC ACCESS Article 1. General Provisions. Section 34-1. Title. This chapter may be cited as the public access code. (1996, ord 96-17, sec 2.)34-1 Section 34-2. Statutory authority. This chapter is enacted pursuant to the authority granted by section 46-6.5, Hawai‘i Revised Statutes, as amended. (1996, ord 96-17, sec 2.)34-2 Section 34-3. Definitions. (a) For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words used herein are defined as follows: (1) “Approval” means the final approval granted to a proposed subdivision where the actual division of land into smaller parcels is sought, provided that, where construction of a building or buildings for a multiple-family development is proposed without further subdividing an existing parcel of land, the term “approval” shall refer to the issuance of the building permit. (2) “Dedication” means the conveyance of land, including any improvements, fixtures and facilities appurtenant, or any interest therein, in fee simple or easement. (3) “Director” means the planning director of the County of Hawai‘i. (4) “Easement” means the grant of the right to use a strip of land for specific public access purposes. (5) “Lot” means a building site or a parcel of land shown as a unit on an approved and recorded subdivision as defined in the Hawai‘i county subdivision control code. (6) “Mountain” means those lands situated above the one thousand-foot elevation above sea level. (7) “Multiple-family development” or “development” means buildings or structures containing six or more dwelling units on one lot. (8) “Planning commission” means either the windward or leeward planning commission, or both acting as a joint commission, as provided for in the Charter. (9) “Public access” means a public right-of-way in fee or easement for pedestrian traffic and may also be used as a bikeway, utility easement, or for restricted vehicular traffic. (10) “Public mountain area” means lands publicly owned or privately owned subject to written grants of easements allowing public access and use. 34-1 § 34-3H AWAI‘I C OUNTY C ODE (11) “Public shoreline area” means lands fronting a shoreline which are publicly owned or privately owned subject to written grants of easements allowing public access and use. (12) “Public street” and “public highway” mean a publicly owned street or highway or a privately owned street or highway over which rights of public use or access have been granted and duly accepted by the state or county. (13) “Recreational activity” includes, but is not limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, water skiing, and viewing or enjoying historical, archaeological, scenic or scientific sites, but excludes any and all commercial activity. (14) “Shoreline” means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or where there is no vegetation in the immediate vicinity, or the upper limit of the debris left by the wash of the waves, pursuant to chapter 205A, Hawai‘i Revised Statutes, as may be further amended. (15) “Subdivision” for the purpose of this chapter, means any improved or unimproved land or lands divided or proposed to be divided for the purpose of disposition into six or more lots or parcels. (1996, ord 96-17, sec 2; am 2009, ord 09-118, sec 23.)34-3 Article 2. Administration. Section 34-4. Application. (a) The provisions of this chapter shall apply to applications for all subdivisions and multiple-family developments situated generally between (1) shoreline or mountain areas; and (2) public streets and highways, as the case may be. The director shall determine the applicability of this chapter to particular lots and building sites in conjunction with determining the location and frequency of public accesses as set forth in subsection (c) of this section. A subdivider or developer of a multiple-family development shall, as a condition precedent to final approval of a subdivision or issuance of a building permit for a multiple-family development, dedicate land by right-of-way in fee or easement for public access from a public highway or public street to the following: (1) Public shoreline areas and the land below the shoreline; and (2) Public mountain areas where there are existing facilities for hiking, hunting, fruit picking, ti-leaf sliding, other recreational purposes and where there are existing public mountain trails. 34-2 P UBLIC A CCESS§34-4 (b) The location of public shoreline and mountain areas and existing shoreline, coastal and public mountain trails shall be determined by the director in consultation with the State department of land and natural resources and the department of parks and recreation and shall be established by rule pursuant to chapter 91, Hawai‘i Revised Statutes. The director shall solicit such information from such agencies upon adoption of the ordinance codified in this chapter and from time to time thereafter. Such rules shall include maps depicting the public-owned areas and the approximate location of the existing public trails, and may provide for supplementation of listed areas and trails upon publication of notice in lieu of rule amendment. Provided, that the rules shall be amended not less than every five years to incorporate any supplemental changes made since prior rule adoption and to allow public comments on practices and procedures established under such rules. (c) The location and frequency of public access shall be established by the director or the planning commission, as respectively authorized under chapters 23 and 25 subject to the provisions of article 3 of this chapter. The director shall establish the preferred public access alignment with consideration of such factors as topography, approximate location along the nearest public street and configuration of the subdivision lots or development site. (d) Where the lands comprising a proposed subdivision or development do not span the entire distance between a public street and a shoreline or mountain area to which the County has determined by the director that public access is necessary, the director shall require dedication of those segments of the needed public accessway laying within the proposed subdivision or development. (e) Except as provided in subsection (f) herein below, a multiple-family development approved prior to March 4, 1996 shall be subject to the provisions of this chapter when six or more dwelling units are added or proposed to be added thereto. (f) The provisions of this chapter shall not apply to subdivisions or multiple-family developments sanctioned, approved or permitted by a development agreement pursuant to the development agreement code, a change of zone ordinance, or a valid special management area (SMA) permit issued prior to March 4, 1996 when: (1) Such agreement, ordinance or SMA permit includes requirements for the dedication of public access to the shoreline, provision of related improvements or a cash payment in lieu thereof; or (2) The director determines that the provisions of the agreement, ordinance or SMA permit, together with one or more related agreements, zoning ordinances or SMA permits covering adjacent lands, was intended by the council or the planning commission, respectively, to comprise an integrated shoreline access system for the lands subject to such related agreements, ordinances or SMA permits; and 34-3 § 34-4H AWAI‘I C OUNTY C ODE (3) The permittee is in compliance with the terms of such agreement, ordinance, and SMA permit. Provided, this exception shall not apply to any application to amend an SMA permit to allow an increased number of dwelling units or more than a nominal increase in commercial or resort activities, as the director shall determine. When applying the standards of this chapter to applications for amendment or replacement of a valid SMA permit which are not excepted herefrom, the director and the planning commission shall take into account any prior, appurtenant dedications or contributions of land, improvements or cash for public access or shoreline area improvements. (g) Where a lot or building is subject to a valid conservation district use permit, the director may waive provisions of this chapter which conflict with such permit. (1996, ord 96-17, sec 2.)34-4 Article 3. Requirements. Section 34-5. Subdivision and development of land. The following standards for public access shall apply: (a) Shoreline Access. (1) For lands in the RS, RD, RM, V, CO, CN, and CV districts, the desired spacing of public accesses shall be from eight hundred to one thousand feet apart. (2) For lands within a destination resort community or a major, intermediate or minor resort area as defined in the general plan and determined by the director, regardless of the zone district designation(s), the desired spacing shall be from one thousand to two thousand feet apart, provided that the planning commission may extend the spacing to a maximum of two thousand five hundred feet where deemed warranted by site conditions, the particular development plan, or when other special accommodations are provided the public with regard to public access, convenience and comfort. (3) For lands within the A districts, the desired spacing of public access shall be one thousand to one thousand five hundred feet apart for lands zoned A-1a, and one thousand five hundred to two thousand five hundred feet apart for all other zoned districts. (4) For lands in the O and U districts, the desired spacing shall be two thousand to two thousand five hundred feet apart. (5) The desired spacing shall not be applicable along sections of shoreline where the director has determined that: (A) The shoreline is inaccessible by land approach due to extremely hazardous or impassable conditions, such as steep cliffs or other dangerously unstable terrain where no practical remedy is feasible; and (B) No public coastal trail exists inland of such intervening hazardous or impassable lands and which leads to an accessible shoreline or public shoreline area within five thousand feet of the subdivision or development. 34-4 P UBLIC A CCESS§34-5 (6) A spacing of public access(es) further apart than as set forth in subsections (a)(1) through (a)(4) of this section or the determination of inaccessibility pursuant to subsection (a)(5) of this section shall be approved by resolution of the County council. (b) Mountain Access. (1) For all zone districts, the desired spacing shall be determined by the director so as to provide reasonable means to access public trail sections and public facilities, respectively, as the case may be. (2) Provided, no access shall be established: (A) To State-owned land which is not designated by rule pursuant to article 2, section 34-4(b) of this chapter; or (B)To State-owned land which is designated but has not been approved by the State department of land and natural resources. For mountain lands designated pursuant to article 2, section 34-4(b) of this chapter, the director may make a provisional determination of the necessity of public access and the alignment therefor, but such provisional determination shall expire and be void unless the director has made final determination, with the final approval of the State department of land and natural resources within one hundred eighty days thereafter. (c) The location of public access in the vicinity of the subdivision or development, whether existing committed under agreements between landowners and the County, or planned pursuant to an officially adopted plan of the County or State, shall be considered by the director or planning commission, as appropriate, when establishing the required location and alignment of public access(es). Provided, that notwithstanding any officially adopted plan to provide public access, no subdivision within an area lacking public access at the appropriate location or desired spacing shall be exempted from the requirements of this chapter. (d) The director shall implement these standards in a manner consistent with article 3, chapter 23. (1996, ord 96-17, sec 2.)34-5 Section 34-6. Multiple-family development. All applications for multiple-family development building permits shall be reviewed by the director, in consultation with the director of parks and recreation and the director of public works to determine the necessity of the public access requirement. (a) When it is determined by the director that adequate public access already exists or has been secured from the applicant, the director shall notify the applicant, the director of parks and recreation, and the director of public works so that the building permit may be approved. (1996, ord 96-17, sec 2; am 2001, ord 01-108, sec 1.)34-6 Section 34-7. Width of public access. The public access shall have a minimum width of ten feet. (1996, ord 96-17, sec 2.)34-7 34-5 § 34-8H AWAI‘I C OUNTY C ODE Article 4. Dedication of Access. Section 34-8. Subdivision of land. (a) Upon review of a subdivision application, when it is determined that public access must be provided, the subdivider shall file the executed documents for dedication of the public access, free and clear of all encumbrances with the director. (b) Prior to final subdivision approval, the dedication documents shall be reviewed and approved as to its form and content by the appropriate agencies. The director may thereafter grant approval to the subdivision in accordance with the subdivision rules and regulations of the County. (c) The public access shall be clearly designated on the final map of the subdivision in accordance with the subdivision rules and regulations. (1996, ord 96-17, sec 2.)34-8 Section 34-9. Multiple-family development. (a) When it is determined that public access must be provided upon review of a multiple-family development, the developer shall file a subdivision application to create the public access right-of-way in accordance with the Subdivision Code if the developer elects to provide the access in fee simple. Public access shall be designated on the plot plan and specified in the final plan approval. (b) The developer shall file the executed deeds or grants of easement for dedication of the public access, free and clear of all encumbrances with the director. (c) Prior to final plan approval, the documents shall be reviewed and approved as to its form and content by the appropriate agencies. (d) The public access right-of-way shall be clearly designated on the multiple-family development plan. (1996, ord 96-17, sec 2.)34-9 Section 34-10. Responsibility for cost of improvements and maintenance. Upon the acceptance of the dedication of land for a right-of-way for public access by the County, the County shall thereafter assume the cost of improvements for and the maintenance of the public access, unless the subdivider or developer agrees to assume such cost and maintenance. Provided that when a right-of-way is to be dedicated for public access pursuant to article 2, section 34-4(d) of this chapter, the County shall not be obligated to maintain the public access until the entire length of the desired access has been dedicated to the County. (1996, ord 96-17, sec 2.)34-10 34-6 P UBLIC A CCESS§34-11 Article 5. Use of Public Accesses. Section 34-11. Regulation of use. The director, in consultation with the director of parks and recreation and the State department of land and natural resources shall promulgate rules regulating the use of public accesses. Such rules may restrict the hours or days of use and may require the issuance of a permit from the appropriate government agency or a contracted permitting agent for public use in rural areas where the director has determined that site conditions or lack of supervision necessitates special education, direction or control of public users. Provided, that no permitting agent shall be contracted for a term exceeding three years. (1996, ord 96-17, sec 2.)34-11 Section 34-12. Abuse of a public access. A person commits the offense of abuse of a public access if the person: (a) Engages in commercial activity within or upon a public access, or (b) Uses a public access other than for transit to and from a recreational activity. For the purpose of this section, a “person” means an individual, corporation, trust, estate, partnership, association or any other legal entity, and “commercial activity” means the solicitation of a person for the sale or rental of goods or services or any transaction whereby a person receives any benefit or a promise to receive a benefit by providing goods or services to another person. (1996, ord 96-17, sec 2.)34-12 Section 34-13. Penalties. Any person who violates this chapter shall, upon conviction, be subject to a fine not exceeding $500. The continuance of any such violation shall be deemed a new violation for each day of such violation. (1996, ord 96-17, sec 2.)34-13 Section 34-14. Maintenance and protection. Prior to opening any nonurban public access for general usage, the director, in consultation with the director of parks and recreation shall adopt rules to provide for the management of environmental, health and safety impacts thereof, including reasonable educational and maintenance measures to minimize littering, erosion, spreading of plant pest, and trespass upon adjacent private lands. (1996, ord 96-17, sec 2.)34-14 Article 6. Appeal Procedures. Section 34-15. Filing. Any person aggrieved by any action taken by the director in the administration of this chapter may file an appeal within thirty days of the action complained of, with the board of appeals. (1996, ord 96-17, sec 2.)34-15 34-7 This page intentionally left blank. CHAPTER 35 BUSINESS IMPROVEMENT DISTRICTS Article 1. General Provisions. Section 35-1. Definitions. Section 35-2. Provision of alternate method of financing supplemental services and improvements. Section 35-3. Types of supplemental services and improvements. Section 35-4. Payment of existing special assessments. Section 35-5. Advances of funds, work, or property in kind. Section 35-6. Superiority over conflicting provision of other ordinance. Section 35-7. Limitation on challenges. Section 35-8. Construction of chapter. Section 35-9. Validity of proceedings. Article 2. Proceedings to Establish a District. Section 35-10. Institution of proceedings. Section 35-11. Ordinance establishing the district. Section 35-12. Mailed notice of hearing. Section 35-13. Protest by a majority or more. Section 35-14. District boundaries. Section 35-15. District term. Section 35-16. Financing of supplemental services and improvements; payment of debt service on any bonds issued to finance improvements; payment of incidental expenses identified in ordinance establishing the district. Section 35-17. Designation of supplemental service and improvement area. Section 35-18. District association. Section 35-19. Financial records. Article 3. Assessments. Section 35-20. Assessment apportionment. Section 35-21. Assessment levy. Section 35-22. Exemptions. Section 35-23. Assessment payment and collection. Section 35-24. Assessment lien. Section 35-25. Assessment notice to owners of land. Section 35-26. Assessment notice to prospective buyer or lessee of parcel of land. Section 35-27. Assessment obligation for parcel of land acquired by County. i Article 4. Proceedings to Change Authorized Supplemental Services, Improvements and Assessment. Section 35-28. Authorization to change supplemental service and improvements or assessment. Section 35-29. Ordinance for change. Section 35-30. Request for changes. Section 35-31. Contents of proposed ordinance for change. Section 35-32. Notice of hearing on proposed ordinance of consideration. Section 35-33. Protests against the proposed ordinance of consideration. Section 35-34. Protest by a majority or more. Section 35-35. Duration of hearing; determination. Section 35-36. Filing of notice. Article 5. Proceedings to Annex Land. Section 35-37. Authorization to annex; contiguity not required. Section 35-38. Ordinance of annexation. Section 35-39. Contents of proposed ordinance of annexation. Section 35-40. Notice of hearing on proposed ordinance of annexation. Section 35-41. Protests against proposed ordinance of annexation. Section 35-42. Protest by a majority or more. Section 35-43. Duration of hearing; determination. Section 35-44. Filing of notice. Article 6. Proceedings to Terminate a District. Section 35-45. Authorization to terminate the district. Section 35-46. Ordinance terminating the district. Section 35-47. Contents of proposed ordinance terminating the district. Section 35-48. Notice of hearing on proposed ordinance terminating the district. Article 7. Bonds. Section 35-49. Bond ordinance. Section 35-50. Costs includable in bond principal. Section 35-51. Minimum value-to-lien ratio. Section 35-52. Covenant to pursue foreclosure action to collect delinquent special assessments. Section 35-53. Signing of bonds. Section 35-54. Manner of sale. Section 35-55. Bond fund. Section 35-56. Refunding bonds. ii Section 35-57. Prohibition on issuance of general obligation bonds secured by general credit. Section 35-58. Debt limit calculation. Article 8. Publication Dispensing Devices. Section 35-59. Applicability. Section 35-60. Definitions. Section 35-61. Publication dispensing rack enclosures. Section 35-62. Publication dispensing rack inserts. Section 35-63. Publication dispensing rack space permits. Section 35-64. Installation, maintenance, and repair of publication dispensing enclosures, spaces, and inserts. Section 35-65. Temporary dislocations. Section 35-66. Prohibitions. Section 35-67. Liability. Section 35-68. Rules. Section 35-69. Fees. Section 35-70. Severability. iii This page intentionally left blank. B USINESS IMPROVEMENT D ISTRICTS§35-1 CHAPTER 35 BUSINESS IMPROVEMENT DISTRICTS Article 1. General Provisions. Section 35-1. Definitions. The following definitions shall apply for the purposes of this chapter. (1) “Assessed value of real property” means the gross value of a parcel of land, as defined below, as assessed by the County’s real property tax office, including the assessed value of any improvements thereon. (2) “Bonds” means special improvement district bonds (including refunding bonds) issued pursuant to this chapter. (3) “Bond ordinance” means an ordinance of the council, which authorizes bonds. (4) “Business improvement district” or “district” means a district of land established by the County pursuant to this chapter for providing and financing supplemental services and improvements. (5) “County” means the County of Hawai‘i. (6) “County clerk” means the County clerk of the County of Hawai‘i. (7) “Costs of supplemental improvements” means the following: (A) Cost of acquiring, constructing, installing, improving, or rehabilitating supplemental improvements; (B) Cost of acquiring land or right-of-way for supplemental improvements; (C) Payment of any water, sewer, or other utility connection fee necessary for supplemental improvements; (D) Payment of fees and expenses for planning, architectural, engineering, inspection, legal, financial, or other consultants for supplemental improvements; (E) Reimbursement of an advance of funds for acquiring, constructing, installing, improving, or rehabilitating supplemental improvements; (F) Contribution to a reserve fund for the payment of debt service on bonds issued to finance the costs of supplemental improvements; (G) Not more than two years of interest on bonds issued to finance the costs of supplemental improvements; or (H) Costs of issuance related to the issuance of bonds issued to finance the costs of supplemental improvements, including, but not limited to, payment of legal fees and expenses (including bond counsel), trustee fees and expenses, bond insurance premium, letter of credit, or other credit enhancement fees and expenses. (8) “Costs of supplemental services and improvements” means the following: (A) Cost of obtaining the supplemental services and improvements other than costs of supplemental improvements financed from the proceeds of bonds; (B) Payment of any water, sewer, or other utility connection fee necessary for supplemental services and improvements; 35-1 § 35-1H AWAI‘I C OUNTY C ODE (C) Payment of fees and expenses for planning, architectural, engineering, inspection, legal, financial, or other consultants for supplemental services and improvements; and (D) Reimbursement of an advance of funds for the costs of obtaining supplemental services and improvements. (9) “District” means the same as business improvement district. (10) “District association” means an association established pursuant to section 35-18. (11) “District board” means the board of directors of a district association. (12) “Financing supplemental services and improvements by a district” or “financing supplemental services and improvements” means paying for the costs of supplemental services and improvements through the special assessment levied within a district or paying the costs of supplemental improvements from the proceeds of bonds. (13) “Incidental expenses of a district” means the following: (A) Administrative expense of the County associated with the proceedings undertaken pursuant to this chapter or collection of special assessments; (B) Management and administrative costs incurred by the district association; and (C) Any other expense incidental to the creation or operation of a district. (14) “Land” or “parcel of land” means the real property identified by a tax map key parcel number within the district. For purposes of sections 35-13, 35-34, and 35-42, apartments of a condominium property regime shall be deemed to be one parcel of land. (15) “Landowner” or “owner of land” means the owner to whom the real property tax is assessed as shown on the real property tax assessment list, which may be the fee simple owner and/or the lessee of land, regardless of whether such owner is exempt from the payment of such tax. Each parcel of land shall be deemed to have one fee simple owner and one lessee of land, if any, even if owned by a corporation, partnership, joint tenancy, tenancy by the entirety, tenancy in common, or other group of persons. The real property tax assessed value of such parcel of land shall be counted once for purposes of determining the aggregate value of all land in a district or proposed district as provided in sections 35-13, 35-34, and 35-42, even if there is a fee simple owner and a lessee of land for a parcel of land. (16) “Majority” means more than fifty percent. (17) “Ordinance of annexation” means an ordinance that annexes additional land to a district. (18) “Ordinance of consideration” means an ordinance that changes the authorized supplemental services and improvements, the supplemental improvements to be financed, the rate or apportionment of a special assessment, or the boundaries of the district other than an annexation provided in article 5, or that requires the levy of a new special assessment. 35-2 B USINESS IMPROVEMENT D ISTRICTS§35-1 (19) “Ordinance terminating the district” means an ordinance that terminates a district at the expiration of the then occurring five-year term. (20) “Supplemental improvements” means any of the undertakings itemized in section 35-3(b). (21) “Supplemental services and improvement area” means an area within a district as set forth in section 35-11(a). (22) “Supplemental services and improvements” means a supplemental service and/or improvement referred to in section 35-3. (2004, ord 04-94, sec 1.)35-1 Section 35-2. Provision of alternate method of financing supplemental services and improvements. Pursuant to section 46-80.5, Hawai‘i Revised Statutes, the council may use the provisions of this chapter in addition to, in combination with, or in lieu of any other law for or related to the creation of improvement districts, the levying, assessment, and collection of special assessments, the financing of supplemental services and improvements, the issuance of bonds, or other matters covered by this chapter. (2004, ord 04-94, sec 1.)35-2 Section 35-3. Types of supplemental services and improvements. (a) A district may be established to provide and finance supplemental services and improvements as follows: (1) To provide for and finance additional maintenance, security or other additional services required for the enjoyment and protection of the public and the promotion and enhancement of such district to restore or promote business activity whether or not in conjunction with improvements authorized by this section including: (A) Services to enhance the security of persons and property within the district; (B) Landscaping services; (C) Enhanced sanitation services; (D) Services promoting and advertising activities within the district; (E) Marketing education for businesses within the district; and (F) Decorations and lighting for seasonal and holiday purposes. (2) To provide and finance, to the extent permitted by law, supplemental improvements located on or within the County or the district which will restore or promote business activity in the district, including: (A) Construction and installation of landscaping, planting and park areas; (B) Construction of lighting facilities; (C) Construction of physically aesthetic and decorative safety fixtures, equipment and facilities; (D) Construction of improvements to enhance security of persons and property within the district; 35-3 § 35-3H AWAI‘I C OUNTY C ODE (E) Construction of pedestrian overpasses and underpasses and connections between buildings; (F) Closing, opening, widening or narrowing of existing streets; (G) Construction of ramps, sidewalks, plazas, and pedestrian malls; (H) Rehabilitation or removal of existing structures as required; (I) Removal and relocation of utilities and utility vaults as required; (J) Construction of parking lot and parking garage facilities; and (K) Construction of fixtures, equipment, facilities and appurtenances as may enhance the movement, convenience and enjoyment of the public and be of economic benefit to district properties such as: bus stop shelters; benches and street furniture; booths, kiosks, display cases and exhibits; signs; receptacles; canopies; pedestrian shelters and fountains. (3) To provide for the operation, maintenance, removal and replacement of any supplemental service or improvement. (b) Any supplemental service or improvement undertaken by a district shall conform with all applicable laws, rules and regulations. It is the intent of the council that the level of services being provided by the County in a district as of the effective date of the ordinance establishing such district be unaffected by that ordinance or the levying of the special assessments. The ordinance establishing such district shall describe such level of services. (2004, ord 04-94, sec 1.)35-3 Section 35-4. Payment of existing special assessments. A district may pay in full all amounts necessary to eliminate or reduce any special assessment liens. (2004, ord 04-94, sec 1.)35-4 Section 35-5. Advances of funds, work, or property in kind. After the formation of a district, the district board may accept advances of funds, work, or property in kind from any source. The district board may enter into an agreement with the person or entity advancing the funds, work, or property in kind to repay all or a portion of the funds advanced or to reimburse the person or entity for the value or cost, whichever is less, of the work or property in-kind, as determined by the district board, with or without interest; provided that the proposal to repay the funds or reimburse the value or cost of the work or property in kind is included in the ordinance of formation for the district. Any such agreement shall not constitute a debt or liability of the County or be payable from sources other than the proceeds of the special assessments levied pursuant to this chapter. (2004, ord 04-94, sec 1.)35-5 Section 35-6. Superiority over conflicting provision of other ordinance. When any provision of this chapter conflicts with any other provision or ordinance, the provision of this chapter shall prevail. (2004, ord 04-94, sec 1.)35-6 35-4 B USINESS IMPROVEMENT D ISTRICTS§35-7 Section 35-7. Limitation on challenges. Pursuant to section 46-80.5(d), Hawai‘i Revised Statutes, no action or proceeding to object to or question the validity of or enjoin any ordinance, action, or proceeding undertaken pursuant to this chapter (including the liability for or the determination of the amount of any assessment levied with respect to any property or the levy or assessment thereof) shall be maintained unless begun within thirty days of the effective date of the ordinance, determination, levy, assessment, or other act, as the case may be. (2004, ord 04-94, sec 1.)35-7 Section 35-8. Construction of chapter. This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, or informality and no neglect or omission of any officer in any procedure taken under this chapter which does not directly affect the jurisdiction of the County to create a district for the provision of supplemental services and improvements shall void or invalidate such proceeding or any levy for the costs of such services or improvements. (2004, ord 04-94, sec 1.)35-8 Section 35-9. Validity of proceedings. The failure of any person to receive a notice, ordinance, order, or other matter shall not affect in any way whatsoever the validity of any proceedings taken under this chapter or prevent the council from proceeding with any hearing so noticed or other action. (2004, ord 04-94, sec 1.)35-9 Article 2. Proceedings to Establish a District. Section 35-10. Institution of proceedings. (a) Proceedings for the establishment of a district may be instituted by the council on its own initiative or by the council at the request of the mayor. (b) Proceedings for the establishment of a district shall be instituted by the council after receipt by the County clerk of a petition requesting the institution of the proceedings signed by landowners owning lands within the proposed district that have a real property tax assessed value of at least twenty-five percent of the total real property tax assessed value of all land in the proposed district. (2004, ord 04-94, sec 1.)35-10 35-5 § 35-11H AWAI‘I C OUNTY C ODE Section 35-11. Ordinance establishing the district. (a) If the council determines to establish a district, it shall do so by ordinance. The ordinance establishing the district shall at least do all of the following: (1) State that a district is established under the terms of this chapter. (2) State the name of the district in substantially the following form: “County of Hawai‘i Business Improvement District No. ____.” One or more additional descriptive words may be used in the name of the district to indicate its geographic area. (3) State that the initial term of the proposed district is for five years, which is automatically renewed unless an ordinance of termination is adopted in which case operations of the district shall cease although the term shall not expire until all debt service on bonds and incidental expenses and supplemental services expenses related thereto are fully paid or irrevocable provision for such payment has been made. (4) List the parcels of land to be assessed within the district identified by tax key number. (5) State the general boundaries of the district and/or provide a map generally showing the same. Should any discrepancy exist between the map and the description of the boundaries of the district, the map shall control. (6) State the supplemental services and improvements to be provided and financed by the district and the total annual amount proposed to be expended for the supplemental services and improvements in the first operating year. If the incurring of incidental expenses is proposed, the ordinance shall identify the estimated expenses. (7) Specify the principal amount of bonds to be issued, if any, to finance supplemental improvements in the district. (8) State the incidental expenses to be paid from the special assessment. (9) If a service area within the district is proposed to be established, state and describe the boundaries of the proposed service area, the name proposed for the service area, the supplemental services and improvements proposed to be financed by the district for the service area, and to what extent it is proposed that the district special assessments will be used in the service area for purposes of financing such services and improvements. (10) State the rate and method of apportionment pursuant to which the first year’s special assessment is to be levied. (11) Prescribe the procedures for approval by the appropriate agency of the County for the design, plans and specifications of any supplemental improvements to be undertaken in a district. (12) Include any other information required by section 46-80.5, Hawai‘i Revised Statutes, or this chapter. 35-6 B USINESS IMPROVEMENT D ISTRICTS§35-11 (b) When the ordinance establishing the district is passed on second reading, the council shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the council so determines, it shall make a finding to that effect. The finding shall be final and conclusive. (2004, ord 04-94, sec 1.)35-11 Section 35-12. Mailed notice of hearing. (a) The council shall fix the time and place for a hearing on the proposed ordinance establishing the district. The date of the hearing shall not be less than thirty or more than ninety days from the date of introduction of the proposed ordinance. (b) In addition to the public notice given pursuant to applicable law, the County clerk shall also send by first-class mail notice of the council public hearing to each owner of land proposed to be included and assessed in the proposed district. The notice shall be sent to the same address to which the real property tax assessment notice is sent. When more than one person is listed as fee owner or as lessee, one notice sent to one fee owner and to one lessee, as applicable, shall be sufficient for this subsection. The notice shall be mailed at least fifteen days before the council public hearing and shall contain the following information: (1) A summary of the ordinance establishing the district and the fact that the ordinance and the district plan are on file in the County clerk’s office for public inspection; (2) The time and place of the first public hearing on the establishment of the district; (3) A statement that, at the hearing, the testimony of all interested persons and landowners for or against the establishment of the district, the extent of the district, and the levy of a special assessment will be heard; and (4) A summary of the protest procedure and the form of any protests. (c) Failure to give notice to any owner or failure of any owner to receive such notice shall not affect the validity or effectiveness of the hearing or any other proceedings taken under this chapter or any special assessment levied under this chapter if the council determines that a reasonable effort was made to give such notice. The council’s determination shall be final and conclusive. (d) The hearing may be continued from time to time, but shall be completed within thirty days; except that, if the council finds that the complexity of the proposed changes or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed ninety days from the date of the original hearing. At the conclusion of the hearing, the council, after considering all protests and such other relevant factors (such as the general plan or development plan) as it deems appropriate, may approve the ordinance establishing the district. (2004, ord 04-94, sec 1.)35-12 35-7 § 35-13H AWAI‘I C OUNTY C ODE Section 35-13. Protest by a majority or more. (a) Protests against the proposed ordinance establishing the district may be made in writing by landowners and if made shall be in such form as may be prescribed by the County clerk. All written protests shall be filed with the County clerk before or at the hearing. The council may waive any irregularities in the form or content of any written protest. Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of the hearing. (b) If the landowners owning lands proposed to be assessed within the district that have a real property tax assessed value of fifty-one percent or more of the total real property tax assessed value of all land proposed to be assessed in the district or if a majority of the owners of land proposed to be assessed in the district file written protests with the council before or at the public hearing against the proposed ordinance establishing the district and if protests are not withdrawn so as to reduce the amount of the protests to less than a majority, the proceedings to create the specified district shall cease. No proceedings to create the district shall again be undertaken for a period of ninety days from the date on which proceedings cease. Council may continue the public hearing or recess the meeting to provide the County clerk time to count the protests and any withdrawals. (c) For the purpose of determining whether the majority of the owners of land have filed protests, the owner of each apartment in a condominium property regime that is specially assessed or proposed to be specially assessed shall have a vote equal to the following fraction: 1/the number of apartments in the condominium property regime which are, or are proposed to be, specially assessed. (d) For the purpose of a protest regarding a parcel of land for which a fee owner and lessee appear on the real property assessment list, a protest by the fee owner, the lessee, or both, shall be counted as a protest for that parcel of land. (2004, ord 04-94, sec 1.)35-13 Section 35-14. District boundaries. (a) A special improvement district may include areas of land that are not contiguous. (b) Land may be included in more than one special improvement district. (2004, ord 04-94, sec 1.)35-14 Section 35-15. District term. The initial term of a district shall be for five years unless earlier terminated under article 6. The term shall automatically renew for additional five-year terms unless an ordinance terminating the district is adopted, in which case the operations of the district shall cease except for payment, or providing irrevocably for payment, of all debt service on bonds, supplemental services expenses and incidental expenses related thereto. (2004, ord 04-94, sec 1.)35-15 35-8 B USINESS IMPROVEMENT D ISTRICTS§35-16 Section 35-16. Financing of supplemental services and improvements; payment of debt service on any bonds issued to finance improvements; payment of incidental expenses identified in ordinance establishing the district. (a) Only the expenses of supplemental services and improvements identified in the ordinance establishing a district may be paid from the special assessments levied within a district. (b) Only the debt service on any bonds issued to finance costs of supplemental improvements within the district and identified in the ordinance establishing the district may be paid from the special assessments levied within a district. (c) Only the incidental expenses identified in the ordinance establishing the district may be paid from the special assessments levied within a district. (2004, ord 04-94, sec 1.)35-16 Section 35-17. Designation of supplemental service and improvement area. For the purpose of financing specified supplemental services and improvements, the council may designate a portion of a business improvement district as a supplemental service and improvement area. The designation shall be made in the ordinance establishing the district or an amendment thereto. A specified supplemental service and improvement area shall be known as “Service Area No. _______ of County of Hawai‘i Business Improvement District No. __________.” After the designation of a service area, all proceedings to levy assessments for the financing of the specified supplemental services and improvements shall apply only to the service area, except to the extent otherwise provided in the ordinance establishing the district. (2004, ord 04-94, sec 1.)35-17 Section 35-18. District association. (a) There shall be a district association for each business improvement district established pursuant to the provisions of this chapter. The district association shall be a nonprofit corporation and shall have one or more classes of membership, voting or nonvoting. The purpose of the association shall be the carrying out of such activities as may be prescribed in the district plan. The articles of incorporation or bylaws of such association shall provide for voting representation of fee simple owners and lessees of land within the district and may provide that the votes of members who are owners of land be weighted in proportion to the assessment levied or to be levied against the parcels of land within the district and that members whose properties are exempt from the assessment are nonvoting members. Any board or association established for the purposes of carrying out the management and activities of the business improvement district shall neither be deemed to be a government department, agency, or a County, nor to be performing services on behalf of a government department, agency or County. 35-9 § 35-18H AWAI‘I C OUNTY C ODE (b) The district board shall be composed of representatives of fee simple owners, lessees of land, and tenants of commercial space within the district; provided, however, that not less than a majority of the district board members shall represent fee simple owners and lessees of land; and provided further that tenants of commercial space within the district shall also be represented on the district board. The district board shall also include the following, all of whom shall serve as the incorporators of the association pursuant to the Hawai‘i Nonprofit Corporations Act:* (1) The director of public works or the director’s designated representative, who shall be a nonvoting member; (2) The director of finance or the director’s designated representative, who shall be a nonvoting member; (3) The mayor or the mayor’s designee, who shall be a voting member; and (4) The council member of the district within which the majority of the land area within which the district is located or the council member’s designated representative, who shall be a voting member. (c) The district association may be incorporated prior to the effective date of any district established pursuant to this chapter. (d) In addition to such other powers as are conferred to it by law or this chapter, the district board shall have the power to carry out the activities prescribed in the district plan, including but not limited to: (1) Determining the scope and specifications for the performance standards; (2) Letting contracts for the supplemental services or for the management of operations of the district; (3) Entering into contracts for the development of plans, design, construction and/or renovation of supplemental improvements; and (4) Adopting the annual budget for the district. (2004, ord 04-94, sec 1.)35-18 Editor’s Note: The Hawai‘i Nonprofit Corporations Act is set forth in chapter 414D, Hawai‘i Revised Statutes. Section 35-19. Financial records. (a) The district board shall maintain financial records regarding the operation of the district and the contracts for supplemental services and improvements. (b) The district board shall make such financial records available to the public during regular business hours upon reasonable notice to the district board. (c) The council, by the ordinance establishing the district, may have the financial records audited by a certified public accountant and the audit report made available to the council and the public. (2004, ord 04-94, sec 1.)35-19 35-10 B USINESS IMPROVEMENT D ISTRICTS§35-20 Article 3. Assessments. Section 35-20. Assessment apportionment. An assessment levied pursuant to this chapter may be based on benefit received by a parcel of land, the cost of making a supplemental service available to a parcel of land, the cost of supplemental services and improvements benefiting a parcel of land, the stage or type of development or use of a parcel of land, the happening of one or more specified events related to the development or improvement of all or certain parcels of land, or any other reasonable basis or formula as determined by the council. Any determination of the reasonableness of any assessment or the rate or method of the apportionment thereof by the council in the ordinance establishing the district shall be final and conclusive. (2004, ord 04-94, sec 1.)35-20 Section 35-21. Assessment levy. (a) During the first assessment year, assessments shall be levied and apportioned pursuant to the rate and method specified in the ordinance establishing the district. Prior to the commencement of the second and each subsequent assessment year, the district board shall prepare and submit a report to the council that shall include the anticipated surplus or deficit from the preceding assessment year as well as any proposed new rate or method of assessment for the next assessment year. The report shall be due by the date set in the ordinance establishing the district or, if the ordinance does not include such a date, the thirtieth day preceding the commencement of the next assessment year. (1) If the proposed assessment for an assessment year does not exceed one hundred ten percent of the preceding assessment year’s total annual assessment, the new rate based upon the method of assessment specified in the ordinance establishing the district shall take effect upon the new assessment year. (2) If the proposed assessment for an assessment year exceeds one hundred ten percent of the preceding assessment year’s total annual assessment, the district board may recommend to the council a change to the rate or method of apportionment of an existing assessment for a district and the recommendation shall be accompanied by a justification and proposed ordinance of consideration. (3)The council shall review and may approve the ordinance of consideration in accordance with this article. (b) The district board shall have the power to: (1) Determine the annual amount due from each landowner subject to the assessment; and (2) Make an adjustment to the annual amount due when required by the assessment base or formula in the applicable ordinance establishing the district. 35-11 § 35-21H AWAI‘I C OUNTY C ODE (c) An owner of land who was not entitled to protest a proposed ordinance under sections 35-13, 35-34, or 35-42 shall not be subject to an assessment levied on that owner’s land pursuant to such ordinance. (d) Assessments shall be levied only as long as needed to pay costs of supplemental services and improvements, debt service and incidental expenses. (2004, ord 04-94, sec 1.)35-21 Section 35-22. Exemptions. The properties owned by the United States except for property and leases of government property subject to real property taxation under sections 19-84, 19-85, and 19-86, shall be exempt from any assessment. The properties owned by the State of Hawai‘i and the County, except for property and leases of government property subject to real property taxation under sections 19-84, 19-85, and 19-86, may be exempt from any assessment. No other properties or entities within a district shall be exempt from the assessment unless expressly exempted in the ordinance establishing the district. (2004, ord 04-94, sec 1.)35-22 Section 35-23. Assessment payment and collection. (a) The director of finance shall collect the assessment for a district on a basis to be agreed upon by the County, through its director of finance, and the district board. The director of finance shall deposit all moneys so collected in an account for the district in the general trust fund unless another County fund is identified as the depository in the ordinance establishing the district. (b) All assessments levied shall be due and payable according to terms established by the district board. (c) Failure to pay the amount assessed when due shall thereafter bear penalty and interest at rates and terms determined by the district board. Any penalties and interest collected shall be deposited in that district’s fund. (d) The director of finance may deduct from the assessments collected the administrative expenses directly incurred in collection. (e) Assessments collected shall be transmitted to the district within fifteen days after the date that they are due and payable to the County. (f) By a date set in the ordinance establishing the district or written agreement between the district board and County, the director of finance shall prepare and submit a report to the district board summarizing the assessments collected or that remain unpaid by parcel of land and landowner, the amount of interest and penalties collected, the amount of moneys paid out for district purposes, and the amount of administrative expenses directly incurred in the collection of assessments which were deducted from the amounts collected. (2004, ord 04-94, sec 1.)35-23 35-12 B USINESS IMPROVEMENT D ISTRICTS§35-24 Section 35-24. Assessment lien. (a) The assessment levied on a parcel of land and the applicable penalty, interest and costs of collection shall be a lien against the land and improvements of the parcel of land. The lien shall attach from the effective date of the ordinance establishing a district and levying the assessment on the parcel of land and shall be extinguished when the assessment and any applicable penalty, interest and costs of collection are fully paid or terminated. (b) The lien of the assessment shall have priority over all other liens, except the lien of general real property taxes and shall be on a parity with the lien of assessments levied under sections 46-80 and 46-80.1, Hawai‘i Revised Statutes, and chapter 32 herein. All liens of assessments made pursuant to this chapter shall be on a parity as to each other without regard to when made or for what purpose. (c) If any assessment is not paid when due, the department of finance may, after not less than two months of delinquency, foreclose the lien of assessment in order to collect the delinquent amount and any penalty, interest, and costs, in the same manner as the foreclosure of the lien of real property taxes. (d) In any event, the department of finance shall foreclose the lien before the end of the sixth year of a delinquency. (2004, ord 04-94, sec 1.)35-24 Section 35-25. Assessment notice to owners of land. For the first assessment year of a district, notices of the assessments shall be sent to all assessed landowners at the address shown on the real property tax assessment list. The notice shall be sent by the date set in the ordinance establishing the district or, if the ordinance does not include such a date, by the date agreed to by the district board and County. Each notice shall set forth the amount of the assessment levied, the rate and method of apportionment of the assessment, and the date when the assessment is due. Failure to give or receive such notice to or by any landowner shall not affect the validity of the assessment nor entitle the landowner to an extension of time within which to pay the assessment. After the first assessment year, notice of assessments may be sent annually to the assessed landowners; provided, however, that the date of such annual notice may be adjusted by the County in accordance with the ordinance establishing the district. The notices of assessment for the first year and any subsequent year shall be sent by the director of finance or by the district association on behalf of the director if so agreed to by the director and district board. (2004, ord 04-94, sec 1.)35-25 35-13 § 35-26H AWAI‘I C OUNTY C ODE Section 35-26. Assessment notice to prospective buyer or lessee of parcel of land. Before entering into an agreement to sell or lease a parcel of land subject to an assessment levy and lien, the landowner shall notify the prospective buyer or lessee of the existence of the levy and lien in writing. Failure to give or receive such notice to or by any landowner shall not affect the validity of the assessment nor entitle the landowner to an extension of time within which to pay the assessment. (2004, ord 04-94, sec 1.)35-26 Section 35-27. Assessment obligation for parcel of land acquired by County. If a parcel of land subject to an assessment is acquired by the County by foreclosure, the parcel of land shall be sold as soon as practicable, and the purchaser of the parcel of land shall take title subject to the lien of the assessment and shall be required to pay the assessments then due as part of the purchase price and the assessments becoming due from and after the sale date. (2004, ord 04-94, sec 1.)35-27 Article 4. Proceedings to Change Authorized Supplemental Services, Improvements and Assessment. Section 35-28. Authorization to change supplemental service and improvements or assessment. (a) Upon request of the district board, the council may change the authorized supplemental services and improvements, the supplemental services and improvements to be financed, the rate or method of apportionment of an assessment, or the boundaries of the district other than an annexation provided in article 5, or the council may require the levy of a new assessment. Such change or new levy shall be accomplished in accordance with this article. (b) Any other amendments to the ordinance establishing the district not specifically controlled by this chapter may be accomplished by ordinance but need not comply with the provisions of this article, or article 5 or article 6 of this chapter. (2004, ord 04-94, sec 1.)35-28 Section 35-29. Ordinance for change. (a) If the council determines that the public convenience and necessity require a change permitted under section 35-28(a) or require the levy of a new assessment, the council may approve an ordinance for change. The council shall commence proceedings only upon receipt of a request from the board directors. (b) An ordinance for change for a district shall be an amendment of the ordinance establishing the district. The ordinance for change shall contain the pertinent information required by section 35-31. (2004, ord 04-94, sec 1.)35-29 35-14 B USINESS IMPROVEMENT D ISTRICTS§35-30 Section 35-30. Request for changes. The council may commence proceedings to approve an ordinance for change if receiving a request from the district board requesting a change permitted under section 35-28(a) or the levy of a new assessment. (2004, ord 04-94, sec 1.)35-30 Section 35-31. Contents of proposed ordinance for change. A proposed ordinance for change shall do all of the following: (1) State the name of the district; (2) Describe the boundaries of the district; (3) Specify the proposed change to the supplemental services or improvements, the supplemental services or improvements to be financed or the boundaries; (4) Specify whether the issuance and sale of bonds to finance any supplemental improvements is required; (5) Specify any proposed new special assessment which will be levied to finance new or existing supplemental services and improvements or payment of debt service for supplemental improvements; and (6) Specify any proposed change to the rate or method of apportionment of an existing special assessment. (2004, ord 04-94, sec 1.)35-31 Section 35-32. Notice of hearing on proposed ordinance of consideration. (a) The council shall fix the time and place for a hearing on the proposed ordinance of consideration. The date of the hearing shall not be less than thirty or more than ninety days from the date of introduction of the proposed ordinance. (b) The County clerk shall publish notice of the hearing in the same manner as required under section 35-12 for notice of a hearing to owners of land within a proposed district. In addition, the County clerk shall mail the notice to each owner of land assessed or proposed to be assessed in the district at least fifteen days before the hearing in the manner described in section 35-12. (c) The notice shall contain all of the following information: (1) A summary of the proposed ordinance and a statement that the proposed ordinance is on file in the County clerk’s office for public inspection (alternatively, the notice may contain the full text of the proposed ordinance); (2) The time and place of the hearing; (3) A statement that, at the hearing, the testimony of all interested persons and landowners for or against the proposed changes will be heard; and (4) A summary of the protest procedure and the form of any protest, including the respective rights of an owner and the effect of protests made against the proposed changes. (2004, ord 04-94, sec 1.)35-32 35-15 § 35-33H AWAI‘I C OUNTY C ODE Section 35-33. Protests against the proposed ordinance of consideration. Protests against the proposed ordinance of consideration may be made in writing by landowners and if made shall be in such form as may be prescribed by the County clerk. All written protests shall be filed with the County clerk before or at the hearing. The council may waive any irregularities in the form or content of any written protest. Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of the hearing. (am 2004, ord 04-94, sec 1.)35-33 Section 35-34. Protest by a majority or more. (a) If the landowners owning lands which are assessed or proposed to be assessed within the district that have a real property tax assessed value of more than fifty percent of the total real property tax assessed value of all land assessed or proposed to be assessed in the district or if a majority of the owners of land assessed or proposed to be assessed in the district file written protests with the council before or at the public hearing against the proposed ordinance of consideration and if protests are not withdrawn so as to reduce the amount of the protests to fifty percent or less, the ordinance of consideration shall not be approved. No proceedings to include the provision in another ordinance of consideration shall again be undertaken for a period of ninety days from the close of the hearing. (b) Sections 35-13(c) and (d) shall apply to protests under this section. (2004, ord 04-94, sec 1.)35-34 Section 35-35. Duration of hearing; determination. The hearing may be continued from time to time, but shall be completed within thirty days; except that, if the council finds that the complexity of the proposed changes or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed ninety days from the date of the original hearing. At the conclusion of the hearing, the council, after considering all protests and such other relevant factors (such as the general plan or development plan) as it deems appropriate, may approve the ordinance of consideration. (2004, ord 04-94, sec 1.)35-35 Section 35-36. Filing of notice. After the effective date of an ordinance of consideration, the director of finance shall provide notice of any change in the district or the special assessment or levy in the manner specified under section 35-25. (2004, ord 04-94, sec 1.)35-36 35-16 B USINESS IMPROVEMENT D ISTRICTS§35-37 Article 5. Proceedings to Annex Land. Section 35-37. Authorization to annex; contiguity not required. The council may annex an area of land to an existing district in accordance with this article. The annexed land need not be contiguous to the existing district. (2004, ord 04-94, sec 1.)35-37 Section 35-38. Ordinance of annexation. Upon request of the district board, if the council determines that the public convenience and necessity require the addition of land to an existing district, the council may approve an ordinance of annexation adding the land. The ordinance of annexation adding land to an existing district shall be deemed an amendment of the ordinance of formation for that district. (2004, ord 04-94, sec 1.)35-38 Section 35-39. Contents of proposed ordinance of annexation. (a) A proposed ordinance of annexation shall do all of the following: (1) State the name and term of the existing district; (2) Describe the boundaries of the existing district and the area proposed to be annexed; (3) Identify the supplemental services and improvements provided and financed by the existing district, the supplemental services and improvements to be provided and financed by the area proposed to be annexed, and the supplemental services and improvements to be provided and financed in common by both; (4) Specify the proposed new special assessment which will be levied within the area proposed to be annexed; and (5) Specify any proposed change to the special assessment within the existing district as a result of the proposed annexation. (b) The assessment rate in the existing district shall not be increased as a result of annexation proceedings pursuant to this article. (2004, ord 04-94, sec 1.)35-39 Section 35-40. Notice of hearing on proposed ordinance of annexation. (a) The council shall fix the time and place for a hearing on the proposed ordinance of annexation. The date of the hearing shall not be less than thirty or more than ninety days from the date of introduction of the proposed ordinance. (b) The County clerk shall publish notice of the hearing in the same manner as required under section 35-12 for notice of a hearing to owners of land within a proposed district. In addition, the County clerk shall mail the notice to each owner of land assessed or proposed to be assessed in the existing district and area proposed to be annexed. The notice shall be mailed at least fifteen days before the hearing in the manner described in section 35-12. 35-17 § 35-40H AWAI‘I C OUNTY C ODE (c) The notice shall contain all of the following information: (1) A summary of the proposed ordinance and a statement that the proposed ordinance is on file in the County clerk’s office for public inspection (alternatively, the notice may contain the full text of the proposed ordinance); (2) The time and place of the hearing; (3) A statement that, at the hearing, the testimony of all interested persons and landowners for or against the proposed annexation will be heard; and (4) A summary of the protest procedure and the form of any protests, including the rights of an owner of land and the effect of protests made against the proposed annexation. (2004, ord 04-94, sec 1.)35-40 Section 35-41. Protests against proposed ordinance of annexation. Protests against the proposed ordinance of annexation may be made in writing by landowners of land in the existing district or by landowners of land in the area proposed to be annexed and, if made, shall be in such form as may be prescribed by the County clerk. All written protests shall be filed with the County clerk before or at the hearing. The council may waive any irregularities in the form or content of any written protest. Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of the hearing. (2004, ord 04-94, sec 1.)35-41 Section 35-42. Protest by a majority or more. (a) If either: (1) The landowners owning lands which are assessed in the existing district that have a real property tax assessed value of fifty percent plus one of the total real property tax assessed value of land specially assessed in the existing district, or (2) The landowners owning lands which are proposed to be annexed and assessed that have a real property tax assessed value of fifty percent plus one of the total real property tax assessed value of land proposed to be annexed and assessed, or (3) More than fifty percent of the owners of lands which are specially assessed in the existing district, or (4) More than fifty percent of the owners of land which are proposed to be annexed and assessed, file written protests with the council before or at the public hearing against the proposed annexation and if protests are not withdrawn so as to reduce the amount of the protests to fifty percent or less, the annexation proceedings shall cease. Sections 35-13(c) and (d) shall apply to protests under this section. (b) If the annexation proceedings cease pursuant to section 35-42(a) above, no proceedings to annex the land shall be undertaken for a period of ninety days from the close of the hearing. (2004, ord 04-94, sec 1.)35-42 35-18 B USINESS IMPROVEMENT D ISTRICTS§35-43 Section 35-43. Duration of hearing; determination. The hearing may be continued from time to time, but shall be completed within thirty days; except that, if the council finds that the complexity of the proposed annexation or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed ninety days from the date of the original hearing. At the conclusion of the hearing, the council, after considering all protests and such other relevant factors (such as the general plan or development plan) as it deems appropriate, may approve or disapprove the ordinance of annexation (in the form in which it was introduced or with such changes as determined by the council and permitted by this part). Thereafter, the County may levy the assessment on the annexed land. (2004, ord 04-94, sec 1.)35-43 Section 35-44. Filing of notice. After the effective date of an ordinance of annexation, the director of finance shall provide notice of any assessment change or levy in the manner specified under section 35-25. (2004, ord 04-94, sec 1.)35-44 Article 6. Proceedings to Terminate a District. Section 35-45. Authorization to terminate the district. (a) The council may terminate a district at any time for cause due to the willful misconduct or gross negligence on the part of the district board. The council shall initiate proceedings to terminate the district for cause by a resolution and shall terminate the district by an ordinance. (b) The council, on its own initiative, may terminate a district at the expiration of the then occurring five-year term in accordance with this article. The council shall initiate proceedings to terminate a district at the expiration of the then occurring five-year term by a resolution and shall terminate the district by an ordinance. (c) The council may terminate a district at any time upon request from the district board. A termination shall be accomplished in accordance with this article. (d) Except as set forth herein, the council may not initiate proceedings to terminate a district. (2004, ord 04-94, sec 1.)35-45 Section 35-46. Ordinance terminating the district. (a) Upon its own initiative or receipt of the request from the district board, both as set forth in sections 35-45, if the council determines that the public convenience and necessity will be promoted by terminating a district, the council may approve an ordinance terminating the district. 35-19 § 35-46H AWAI‘I C OUNTY C ODE (b) The council shall not approve an ordinance terminating a district: (1) Unless provisions are included to assure the payment of all outstanding debt service on any bonds issued to finance improvements within the district from the assessments or accumulated reserves of the district or as council otherwise deems necessary; and (2) Unless provisions are included to assure the payment of all outstanding incidental expenses and supplemental services expenses accrued for the district from the assessments or accumulated reserves of the district or as council otherwise deems necessary. (2004, ord 04-94, sec 1.)35-46 Section 35-47. Contents of proposed ordinance terminating the district. A proposed ordinance terminating the district shall do all of the following: (1) State the name of the district; (2) Describe the boundaries of the district; (3) Identify the proposed termination date of the district; (4) Give a narrative justification for the proposed termination; (5) With respect to bonds issued to finance improvements for the district: (A) Guarantee the payment of the bonds before the termination of the district; or (B) Establish a method by which the bonds will be paid after the termination of the district; (6) With respect to incidental expenses accrued for the district: (A) Guarantee the payment of the incidental expenses before the termination of the district; or (B) Establish a method by which incidental expenses, if any, will be paid after the termination of the district; and (7) With respect to supplemental services expenses accrued for the district: (A) Guarantee the payment of the supplemental services expenses before the termination of the district; or (B) Establish a method by which supplemental service expenses, if any, will be paid after the termination of the district. (2004, ord 04-94, sec 1.)35-47 Section 35-48. Notice of hearing on proposed ordinance terminating the district. (a) The council shall fix the time and place for a hearing on the proposed ordinance terminating the district. The date of the hearing shall not be less than thirty or more than ninety days from the date of introduction of the proposed ordinance. (b) The County clerk shall publish notice of the hearing in the same manner as required under section 35-12 for notice of a hearing to institute proceedings. In addition, the County clerk shall mail the notice to each owner of land assessed in the district at least fifteen days before the hearing. 35-20 B USINESS IMPROVEMENT D ISTRICTS§35-48 (c) The notice shall contain all of the following information: (1) A summary of the proposed ordinance and the fact that the proposed ordinance is on file in the County clerk’s office for public inspection (alternatively, the notice may contain the full text of the proposed ordinance); (2) The time and place of the hearing; and (3) A statement that, at the hearing, the testimony of all interested persons and landowners for or against the proposed termination will be heard. (2004, ord 04-94, sec 1.)35-48 Article 7. Bonds. Section 35-49. Bond ordinance. (a) Whenever the council deems it necessary or appropriate that business improvement district bonds be issued to finance the cost of supplemental improvements or to reimburse the cost thereof previously paid, the council may authorize the issuance of bonds. The issuance shall be authorized by a bond ordinance approved with or after the approval of the ordinance establishing the district and levying the assessment to finance the costs of supplemental improvements. The bond ordinance shall provide for the following: (1) The issuance of the bonds in one or more series; (2) The date the bonds shall bear; (3) The maturity date or dates of the bonds, which shall not be more than thirty years after the issuance date of the bonds; (4) The rate or maximum rate of interest on the bonds, which shall not exceed the maximum rate permitted by law and which may be fixed or variable and simple or compound; (5) The time or times at which interest shall be payable; (6) The denomination of the bonds; (7) The form of the bonds; (8) The conversion or registration privileges carried by the bonds; (9) The rank or priority of the bonds; (10) The manner of execution of the bonds; (11) The medium of payment of the bonds; (12) The place or places of payment; (13) The terms of redemption and the redemption price or prices to which the bonds are subject; (14) The pledge or assignment of all or part of the assessments collected from the district thereof, the liens securing such assessments, or any other funds which are intended by the council to secure payment of the bonds. The pledge shall be superior to all other claims on the assessments (except to the extent otherwise provided in this chapter and the bond ordinance); (15) The establishment and handling of a separate special fund or funds to pay or secure the bonds or to pay for the costs of supplemental improvements or incidental expenses; 35-21 § 35-49H AWAI‘I C OUNTY C ODE (16) The obligations in which may be invested the proceeds of the bonds and any other funds (including assessments) pledged to secure payment of the bonds; and (17) Any other provisions for the issuance, payment, security, credit enhancement, handling of funds, default, remedy, or other matter related to the bonds, which the council deems appropriate. (b) The bond ordinance may provide that any or all of the terms listed in this section or elsewhere in this article may be determined and fixed by the director of finance at or prior to the delivery of the bonds or in an indenture, trust agreement, or fiscal agent agreement between the County and a corporate trustee or fiscal agent located within or without the State. (2004, ord 04-94, sec 1.)35-49 Section 35-50. Costs includable in bond principal. The principal amount of bonds authorized to be issued may include all costs and estimated costs of supplemental improvements and related expenses. (2004, ord 04-94, sec 1.)35-50 Section 35-51. Minimum value-to-lien ratio. The principal amount of bonds authorized to be issued for a district shall not exceed one-third of the value of the real property upon which an assessment is levied for payment of the debt service on the bonds. The “value of the real property” shall be the fair market value of the land, the improvements thereon and the improvements, within the meaning of section 35-3, to be constructed within the district, as shown by the real property tax assessed values of the subject property. (2004, ord 04-94, sec 1.)35-51 Section 35-52. Covenant to pursue foreclosure action to collect delinquent special assessments. The director of finance may covenant, for the benefit of bond owners, to commence and diligently pursue to completion any foreclosure action regarding delinquent assessments. The covenant may specify a deadline for commencement of the foreclosure action and any other terms and conditions the director of finance determines reasonable regarding the foreclosure action. (2004, ord 04-94, sec 1.)35-52 Section 35-53. Signing of bonds. Unless otherwise specified in the bond ordinance, the bonds shall be signed by the mayor and countersigned by the director of finance or the director’s deputy. Signatures on the bonds may be manual or facsimile. If any officer whose signature appears on the bonds vacates the office before the delivery of the bonds, the signature shall be as effective as if the officer had remained in office. (2004, ord 04-94, sec 1.)35-53 35-22 B USINESS IMPROVEMENT D ISTRICTS§35-54 Section 35-54. Manner of sale. The director of finance may sell bonds at public or private sale at the times, for the price or prices, and in the manner the council determines to be appropriate and in the public interest (such determination being final and conclusive). (2004, ord 04-94, sec 1.)35-54 Section 35-55. Bond fund. All of the collections for payment of principal of and interest on bonds and related expenses shall be paid into a district bond or reserve fund and shall be used solely for the payment of the principal of and interest on the outstanding bonds of the district and related expenses, all as provided in the bond ordinance. (2004, ord 04-94, sec 1.)35-55 Section 35-56. Refunding bonds. (a) The council may authorize the issuance of bonds to refund any or all of the district bonds outstanding that have been issued pursuant to this article. The refunding bonds shall be authorized by a bond ordinance. (b) Refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded plus the principal amount of the bonds to be refunded. Subject to such limitations, the principal amount of the refunding bonds may be more than, less than, or the same as the principal amount of the bonds to be refunded. The principal amount of such refunding bonds shall not count against any maximum amount of bonds authorized in the original bond ordinance. (c) The designated costs of issuing refunding bonds shall be paid from proceeds of the refunding bonds, interest earned on such proceeds, or assessments from the district. However, any interest or assessments paid for the designated costs shall be added to the total net interest costs to maturity on the refunding bonds in determining whether the issuance of the refunding bonds complies with subsection (b). “Designated costs of issuing the refunding bonds” means any of the following costs and expenses designated by the council in the bond ordinance authorizing the issuance of the refunding bonds: (1) All expenses incident to the calling, retiring, or paying of the bonds to be refunded and incident to the issuance of refunding bonds, including the charges of any agent in connection with the issuance of the refunding bonds or the redemption or retirement of the bonds to be refunded; (2) The interest upon the refunding bonds from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds; (3) Any premium necessary in the calling or retiring of the bonds to be refunded; 35-23 § 35-56H AWAI‘I C OUNTY C ODE (4) Any insurance premium or fee payable to the issuer of a bond insurance policy or letter of credit insuring all or part of the principal and/or interest due on the refunding bonds; and (5) Any other incidental expenses related to the issuance or carrying of the refunding bonds or the redemption or refunding of the bonds to be refunded. (d) The saving achieved through the issuance of refunding bonds shall be used by the council to reduce the assessment levied in the district. At the time the council authorizes the issuance of refunding bonds, the council also shall reduce the assessments levied in the district. The reduction shall be made through an ordinance of consideration pursuant to article 4. (2004, ord 04-94, sec 1.)35-56 Section 35-57. Prohibition on issuance of general obligation bonds secured by general credit. No general obligation bonds secured by the County’s general credit shall be issued to finance the costs of improvements identified in an ordinance establishing a district or pay for the incidental expenses of a district. (2004, ord 04-94, sec 1.)35-57 Section 35-58. Debt limit calculation. Bonds issued under this article, when the only security is the assessments levy or lien in a district, shall be excluded from any determination of the power of the County to issue general obligation bonds or funded debt for purposes of section 13 of article VII of the State constitution. (2004, ord 04-94, sec 1.)35-58 Article 8. Publication Dispensing Devices. Section 35-59. Applicability. The provisions of this article shall apply to publication dispensing devices, publication dispensing rack enclosures and publication dispensing rack spaces located upon sidewalks and other public property within a business improvement district for which the district association has been issued a permit pursuant to chapter 22 of this Code. (2012, ord 12-59, sec 5.)35-59 Section 35-60. Definitions. As used in this article, unless another meaning is clear from the context, the following terms shall have the following meaning: “Authorized association” means a district association, as defined in section 35-1, that has been issued a district-wide permit pursuant to chapter 22, article 3, division 3 of this Code for the installation of publication dispensing racks. 35-24 B USINESS IMPROVEMENT D ISTRICTS§35-60 “Authorized association-installed,” “authorized association shall install,” “installed by the authorized association,” or words of similar import mean installation, undertaken by or caused to be undertaken, by an authorized association. “Director” means the director of the department of public works. “District” means the business improvement district governed by a certain authorized association. “Insert,” when used as a noun, means a publication dispensing rack insert. “Install” includes construct, erect, fabricate and affix. “Location” means a site designated by the director for placement of association- installed publication dispensing rack enclosures. “Permit” means a publication dispensing rack space allocation or reallocation invoice issued pursuant to this article. “Permit period” means the period for which spaces are allocated under section 35-63(c). “Permittee” means a person, organization, corporation, firm, association or similar entity to whom or to which a publication dispensing rack permit has been issued pursuant to this article. “Publication” means any written or printed matter, including but not limited to, daily publications, real estate publications or periodical newspapers, and any visitor information publications, but may exclude any “handbill” defined in rules adopted by the authorized association pursuant to section 35-68 if such rules provide that handbills, as so defined, shall be excluded. “Publication dispensing device” means any stand, box, rack or other device, other than a publication dispensing rack enclosure or a publication dispensing rack insert, used to dispense any publication. For purposes of this definition, a person shall not be deemed a device. “Publication dispensing rack enclosure” or “enclosure” means a structure installed by the authorized association in the district with spaces in which publication dispensing rack inserts may be inserted. “Publication dispensing rack insert” means a box, insert or rack with a clear plastic face that is owned by a permittee, that is designed to be inserted into a publication dispensing rack space, and that is constructed to hold and display a publication. “Publication dispensing rack space” or “space” means an area within a publication dispensing rack enclosure that is constructed to hold a publication dispensing rack insert to display and dispense a publication. “Publisher” means an owner or authorized agent of the owner of a publication. The authorized association may adopt rules defining the term "owner" or "authorized agent" for purposes of this definition. “Reallocation” means an allocation of unallocated, abandoned or surrendered spaces to a permittee that takes place during a permit period. 35-25 § 35-60H AWAI‘I C OUNTY C ODE “Sidewalk” means that portion of a street between a curb line or the pavement of a roadway, and the adjacent private or public property line, whichever the case may be, intended for the use of pedestrians, including any setback areas acquired by the County for road widening purposes. “Unallocated publication dispensing rack space” means a publication dispensing rack space that has not been allocated in the most recent allocation or reallocation. (2012, ord 12-59, sec 5.)35-60 Section 35-61. Publication dispensing rack enclosures. (a) A publication dispensing rack enclosure in the district shall contain a minimum of two publication dispensing rack spaces. (b) Each publication dispensing rack enclosure shall be designed so that publication dispensing rack inserts inserted therein may meet the standards for such inserts established by the authorized association. (c) The authorized association shall label each space within each publication dispensing rack enclosure for the purpose of identification. (d) Nothing in this article shall be construed to preclude the authorized association from installing additional publication dispensing rack enclosures to the extent authorized under the authorized association’s permit. (2012, ord 12-59, sec 5.)35-61 Section 35-62. Publication dispensing rack inserts. (a) The authorized association shall enforce standards for the size, design, color and material of publication dispensing rack inserts that may be inserted into the authorized association’s publication dispensing rack enclosures pursuant to permit, which shall have been approved by the director. (b) No person may place anything other than: (1) A publication dispensing rack insert for which a permit has been issued and meeting the standards established pursuant to subsection (a); and (2) Copies of the publication permitted to be dispensed from the publication dispensing rack insert into a space in a publication dispensing rack enclosure. (2012, ord 12-59, sec 5.)35-62 Section 35-63. Publication dispensing rack space permits. (a) Any publisher desiring the use of a publication dispensing rack space in a publication dispensing rack enclosure for purposes of dispensing a publication therefrom shall submit an application for a publication dispensing rack space permit to the authorized association. The authorized association shall determine with the approval of the director, the form of, and provide to interested persons copies of, the publication dispensing rack space permit application form. 35-26 B USINESS IMPROVEMENT D ISTRICTS§35-63 (b) The authorized association may establish by rules approved by director a permit fee to be charged by the authorized association for each publication dispensing rack space. (c) The requirement that a copy of the publication be submitted with the application is intended to ensure that the publication exists at the time of the application and the authorized association may not deny a permit for any publication based upon its content. No permit shall be issued for a publication that does not exist at the time of the application. (d) The authorized association shall maintain a record of all publication dispensing rack spaces that have been allocated or reallocated, the permittees to which the spaces have been allocated or reallocated, and the publication permitted to be dispensed from the spaces. (2012, ord 12-59, sec 5.)35-63 Section 35-64. Installation, maintenance, and repair of publication dispensing enclosures, spaces, and inserts. It shall be the responsibility of the authorized association to install, maintain, and repair the publication dispensing rack enclosures, either directly or by contract with a private contractor. Any cost for the installation, maintenance, and repair of the enclosure shall be borne by the authorized association. (2012, ord 12-59, sec 5.)35-64 Section 35-65. Temporary dislocations. (a) The authorized association may direct a permittee to remove copies of the permitted publication and the permittee’s publication dispensing rack insert from a publication dispensing rack enclosure temporarily during any public, private, or utility construction work conducted on the public sidewalk, the abutting roadway, an adjacent building, or structure or to any utility, when the director determines that the removal is necessary in the interest of public safety. (b) The authorized association may also direct a permittee to remove copies of the permitted publication and the permittee’s publication dispensing rack insert from a publication dispensing rack enclosure during any installation or repair work on the publication dispensing rack enclosure. (2012, ord 12-59, sec 5.)35-65 35-27 § 35-66H AWAI‘I C OUNTY C ODE Section 35-66. Prohibitions. The following prohibitions shall apply: (1) Other than provided in this article there shall be no publication dispensing device allowed and no person may install or direct another person to install any publication dispensing device on any public property, sidewalk, or right of way within the district. (2) Any publication dispensing device installed in violation of this article shall be subject to administrative enforcement including but not limited to removal, fines, cease and desist orders and forfeiture in accordance with section 22-8.2 of this Code. (2012, ord 12-59, sec 5.)35-66 Section 35-67. Liability. The County shall not be held liable for the installation, maintenance, operation, or management of any publication dispensing device within the district. (2012, ord 12-59, sec 5.)35-67 Section 35-68. Rules. The authorized association shall adopt rules for the interpretation, implementation and administration of this article, which shall be subject to the approval of the director. (2012, ord 12-59, sec 5.)35-68 Section 35-69. Fees. All fees collected by the authorized association pursuant to this article or the rules adopted pursuant to section 35-68 shall be accounted for in the financial records maintained by the district board pursuant to section 35-19 and shall be deposited into the account established for the district under this chapter. The financial records of the authorized association including but not limited to all fees collected pursuant to this article shall be subject to review by the public. (2012, ord 12-59, sec 5.)35-69 Section 35-70. Severability. If any provision of this article or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are severable. (2012, ord 12-59, sec 5.)35-70 35-28 Chapter 35 - Annex Business Improvement District Ordinances This page intentionally left blank. Chapter 35 -Annex Chapter 35 - Annex Business Improvement District Ordinances Establishment Termination Name or Location Purpose Ord. No. Ord. No. Ord. 07-171 “The County of Hawai‘i Kailua Public safety, (Eff. 12/11/07) Village Business Improvement landscaping, District 1.” enhanced sanitation Location: North Kona, Hawai‘i.services, and marketing services. 35A-1 This page intentionally left blank. CHAPTER 36 REDISTRICTING Article 1. Definitions. Section 36-1. Definitions. Article 2. Training. Section 36-2. Training. Article 3. Redistricting Criteria. Section 36-3. Established criteria. Section 36-4. Additional criteria. Article 4. Plan Deviations. Section 36-5. Total deviation. Section 36-6. Maximum council district deviation. Article 5. Alternate Plan. Section 36-7. Plan proposed by the public. Section 36-8. Alternate plan consideration. Section 36-9. Repealed. Article 6. Final Plan. Section 36-10. Written report. Section 36-11. Challenges to the plan. SUPP. 5 (1-2019) i This page intentionally left blank. R EDISTRICTING§36-1 CHAPTER 36 REDISTRICTING Article 1. Definitions. Section 36-1. Definitions. As used in this chapter: “Bizarre council district shape” means a council district that is drawn to have a very odd or grotesque shape, that has absurdities or is ridiculous in design, may cause grotesque projections into another district, may add an area that defies logic as to why it was included, or is so weird on its face that it is unexplainable on grounds other than gerrymandering. “Commission” means the redistricting commission. “Commissioner” means one of the nine members of the commission, duly appointed in the manner prescribed in section 13-4 of the Charter. “Community of interest” or “community of common interest” means a group defined by actual shared interests. “Council district deviation” means the number of percentage points plus or minus 5.99 percent that a population assigned to a council district differs from that of an ideal council district’s population. “Fracturing” or “cracking” means drawing council district lines so that a minority population is broken up and spread among as many council districts as possible, keeping them a minority in every council district, rather than permitting them to concentrate their strength enough to elect representatives in some council districts. “Gerrymander” means the process of drawing council districts with odd or bizarre shapes to create an unfair advantage. “Ideal council district’s population” means the total number of the County’s permanent residents divided by the number of council districts. “Minority population” means a group with similar demographics or characteristics that may share but not be limited to: ethnicity, political preferences, a socio-economic group, or a community of interest or community of common interest. “One person, one vote” means using a benchmark against which the residents of the County may measure democracy; the vote of each resident shall be as equally powerful as practicable and the population shall be divided as equally as practicable as to the County’s permanent resident population so that each person and each interest has an equal amount of representation in government. “Packing” means drawing council district boundary lines so that the members of the minority population are concentrated, or “packed,” into as few council districts as possible, resulting in a super-majority of that minority population in the packed council district. SUPP. 5 (1-2019) 36-1 §36-1H AWAI‘I C OUNTY C ODE “Permanent resident” for census purposes means a person who is domiciled in the County for other than a temporary or transitory purpose. No person shall be deemed to have gained or lost a residence simply because of a person’s presence or absence in compliance with military or naval orders of the United States, or while engaged in aviation or navigation, or while a student at any institution of learning. “Plan” means a redistricting plan proposed by the commission or any alternative plan submitted by the public. “Practicable” means reasonably capable of being accomplished, possible or feasible. “Redistricting” means establishing the boundaries of the council districts, which shall have approximately equal resident populations as required by applicable constitutional provisions. “Redistricting cycle” means that period of time when the United States Census Bureau conducts a census of the population of the United States of America in the census year followed by redistricting in the redistricting year, and culminates with the next general election following redistricting. “Region” means one of six geographical areas which includes: Puna, comprised of Upper and Lower Puna; Kona, comprised of North and South Kona; Kohala, comprised “Socio-economic group” means a group that shares both economic and social characteristics. “Standard of fairness principles” means that the commission shall use honesty, morality, and fairness in its decisions regarding redistricting. “Total deviation” means the overall range used to measure the population equality of a plan; the difference between the council district with the most negative percentage deviation and the council district with the most positive percentage deviation. “United States census year” means those years ending in the numeral zero such as 2010, 2020, etc. “Vote dilution” means the limitation of the effectiveness of a particular group’s vote by political gerrymandering. (2011, ord 11-29, sec 2; am 2018, ord 18-98, sec 2.)36-1 Article 2. Training. Section 36-2. Training. Commissioners shall be trained in redistricting law and the code of ethics by the office of the corporation counsel or its designated agent, and may be provided any other training by appropriate personnel to enable the commission to be efficient and educated on this topic. (2011, ord 11-29, sec 2.)36-2 SUPP. 5 (1-2019) 36-2 R EDISTRICTING§36-3 Article 3. Redistricting Criteria. Section 36-3. Established criteria. The commission shall adhere to the criteria in establishing boundaries of the council districts set forth in section 3-17, subsection (g) of the Charter. (2011, ord 11-29, sec 2.)36-3 Section 36-4. Additional criteria. In addition to the established criteria, the commission shall also adhere to the following criteria in establishing boundaries of the council districts: (1) Council districts shall have approximately equal, permanent, resident populations, as required by applicable constitutional provisions to prevent vote dilution to the maximum degree practicable. (2) Nonresident military personnel, nonresident military dependents, nonresident students, and foreign nationals or aliens shall be excluded from the permanent, resident population base used to calculate each proposed council district’s population and its deviations from an ideal council district’s population, if practicable. (3) An ideal council district’s population number shall be used to determine by what percentage each council district’s population deviates from the population of an ideal council district. (4) The number of council districts to which a region is entitled shall be determined by adding together the permanent resident population according to the United States census for the applicable United States census year within each region and dividing that number by an ideal council district’s population. (A) Fractional portions of such districts shall be rounded to the nearest integer to determine the number of council districts required for that region. (B) Numbers from 0.10 to 0.49 shall be rounded down to the nearest integer. Numbers from 0.50 to 0.99 shall be rounded up to the nearest integer. (5) There shall be no partisanship or racism in drawing council district boundaries. (6) No council district shall be drawn to unduly favor or penalize an incumbent. (7) Council district boundaries shall be drawn without regard to any incumbent’s residential location, any incumbent’s ability to run for re-election in that incumbent’s current council district, or whether any incumbent faces another incumbent for re-election. (8) Community of interest or community of common interest shall be respected and be kept together in the plan, if practicable. (9) Council districts shall be drawn to be as compact as practicable while maintaining the community or communities of interest. 36-3 §36-4H AWAI‘I C OUNTY C ODE (10) The County shall use to the extent possible a reasonably current computer mapping program and shall make the program accessible to the public, if practicable. (11) All parts of each council district shall be contiguous to the council district and be reachable by roads internal to the council district. (12) There shall be no gerrymandering for any reason. (13) The drawing of bizarre council district shapes shall be avoided even if a previous plan was designed using an odd, unusual, or illogical shape. (14) There shall be no fracturing, packing, or cracking of council districts, if practicable. (15) The one person, one vote principle shall be used. (16) If the commission establishes criteria in addition to those enumerated in the Charter and this chapter, the commission shall use impartial criteria that meet standard of fairness principles. (17) If practicable, socio-economic criteria used in developing the plan, not specifically set forth in this chapter, shall be identified, documented, and approved by majority vote of the commission, before drawing proposed council district boundaries. If practicable, socio-economic groups shall be kept together. (2011, ord 11-29, sec 2.)36-4 Article 4. Plan Deviations. Section 36-5. Total deviation. (a) The total deviation for the entire plan shall be less than ten percent. (b) If a population of permanent residents must be assigned to a different council district to ensure that the total deviation is less than ten percent and such equalization involves reassigning any portion of a subdivision, the entire subdivision shall be moved as a unit, if practicable. (2011, ord 11-29, sec 2.)36-5 5 Section 36-6. Maximum council district deviation. (a) The maximum council district deviation for a proposed council district shall not exceed plus or minus 5.99 percent of an ideal council district’s population. (b) If practicable, documented, high-growth areas shall be drawn to receive the most negative council district deviation percentage in the final plan so that as a high growth area or district continues to increase in population between census years, the council district’s deviations may be equalized. (2011, ord 11-29, sec 2; am 2018, ord 18-98, sec 3.)36-6 SUPP. 5 (1-2019) 36-4 R EDISTRICTING§36-7 Article 5. Alternate Plan. Section 36-7. Plan proposed by the public. (a) Any resident or group of residents of the County shall have the right to propose an alternate plan to the commission for review. (b) The deadline for the submission of an alternate plan or plans shall be determined by the fourth meeting of the commission and that date shall be publicly announced. (c) Any proposed alternate plan shall be submitted to the commission at least eight weeks prior to the deadline for the draft plan. (2011, ord 11-29, sec 2.)36-7 Section 36-8. Alternate plan consideration. (a) To be considered for commission review, the alternate plan shall include a computerized map of the proposed council districts, the total population number used to devise the plan, the total deviation not to exceed ten percent, and the deviation for each council district not to exceed plus or minus 5.99 percent. (b) An alternate plan shall be provided to the commission for discussion at public hearings unless the commission formally rejects the alternate plan for just cause. (c) Any alternate plan submitted for consideration that the commission has not formally rejected for just cause during public hearings shall continue to be considered by the commission for the remaining public hearings and meetings until a final plan is selected. (2011, ord 11-29, sec 2; am 2018, ord 18-98, sec 4.)36-8 Section 36-9. Repealed. (2011, ord 11-29, sec 2; rep 2018, ord 18-98, sec 5.)36-9 Article 6. Final Plan. Section 36-10. Written report. (a) The commission shall submit a written report to the county clerk transmitting the final plan chosen by the commission. SUPP. 5 (1-2019) 36-5 §36-10H AWAI‘I C OUNTY C ODE (b) The written report shall include: (1) The final vote of the commission as to its choice of plan; (2) The total permanent, resident population base used by the commission; (3) The total deviation of the final plan; (4) Each proposed council district’s population and its associated deviation; (5) Maps of each council district and a written description of each council district’s boundary; (6) A map of the island with all proposed council districts included; (7) Justification for any divergence from any of these requirements or criteria or any criteria added by the commission and, in addition: (A) Divergence from or adding additional redistricting criteria shall require formal adoption by the commission. The commission shall justify the divergence or addition to the redistricting criteria at a duly noticed and scheduled public meeting. Such justification and public meeting is to be held prior to the commission’s selection or determination of any council district boundaries and before the deadline for filing an alternate plan or plans, as the case may be; (B) Written justification for divergence, criteria changes, and meeting minutes shall be included with the submission of the final plan and shall set forth the commission’s rationale for divergences from or additions to the redistricting criteria. (8) Minutes of all meetings and hearings associated with the commission; (9) Documentation in the commission’s final report stating the reason any alternate plan, whether accepted or not, was selected or rejected; and (10) Any other data used by the commission in its deliberations. (2011, ord 11-29, sec 2.)36-10 Section 36-11. Challenges to the plan. In the event of a successful court challenge of a plan, the commission shall continue in operation and may assist the court in formulating a new plan unless a court of competent jurisdiction determines otherwise. (2011, ord 11-29, sec 2.)36-11 36-6 CHAPTER 37 SUSTAINABILITY, CLIMATE, EQUITY, AND RESILIENCE Article 1. General Provisions. Section 37-1-1. Title. Section 37-1-2. Declaration of policy. Section 37-1-3. Definitions. Section 37-1-4. Authority to adopt rules and regulations. Article 2. Office of Sustainability, Climate, Equity, and Resilience. Section 37-2-1.Duties of the office of sustainability, climate, equity, and resilience. SUPP. 15 (1-2024) i This page intentionally left blank. S USTAINABILITY, C LIMATE, E QUITY, A ND R ESILIENCE § 37-1-1 CHAPTER 37 SUSTAINABILITY, CLIMATE, EQUITY, AND RESILIENCE Article 1. General Provisions. Section 37-1-1. Title. This chapter shall be known as the “sustainability, climate, equity, and resilience code.” (2023, ord 23-56, sec 3.)37-1-1 Section 37-1-2. Declaration of policy. It is declared to be the policy of the County to address sustainability, climate change, equity, and resilience in the County through immediate, direct, and coordinated trauma-informed action. To this end, the office of sustainability, climate, equity, and resilience is created to coordinate and manage policies and programs to address sustainability, mitigate greenhouse gas emissions, and adapt to the impacts of climate change and other natural and human caused hazards. Through regular stakeholder engagement these policies and programs shall promote the County’s sustainability and resilience in a manner that is immediate, direct, coordinated, and equitable in their impact on various communities in the County. (2023, ord 23-56, sec 3; am 2024, ord 24-8, sec 2.)37-1-2 Section 37-1-3. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: “Adaptation” means the process of observing changes in social, environmental, and economic systems and adjusting operations with a trauma informed approach to meet present and anticipated future needs. “Climate change impacts” means the effect on social, economic, and environmental systems that are caused by human-driven climate change including, but not limited to, increases in natural disaster severity, unstable and extreme weather patterns, and loss of native ecosystems. “Environmental justice” means the fair treatment and meaningful involvement of all people in the development, implementation, and enforcement of environmental laws, regulations, and policies. “Equity” means the consideration of cumulative impacts on lower- and middle- income individuals and historically marginalized groups during all aspects of decision making, including and not limited to assessment, planning, implementation, and evaluation. “Mitigation” means actions and strategies aimed at reducing the risk of harm and damage to human communities, natural ecosystems, infrastructure, and the economy due to the impacts of climate change. These actions and strategies shall include but not be limited to reduction of greenhouse gas emissions and removal of greenhouse gases from the atmosphere. SUPP. 16 (7-2024) 37-1 § 37-1-3 H AWAI‘I C OUNTY C ODE “Office” means the office of sustainability, climate, equity, and resilience. “Resilience” means the ability to withstand social, environmental, and economic shocks and stressors with minimal human, environmental, and economic costs, risks, and damages. “Sustainability” means a balanced approach of managing present day environmental, social, and economic needs and maintaining a healthy lifecycle through a trauma informed framework to fulfill the needs of current populations that does not compromise the needs of future generations, and ensures harmony between economic growth, environmental systems, and social well-being. “Trauma” means an event, series of events, or set of circumstances that is experienced as physically or emotionally harmful or life-threatening and that has lasting adverse effects on the individual’s functioning and mental, physical, social, emotional, or spiritual well-being. “Trauma informed” means an approach to service provision that infuses knowledge about trauma into agency programs, policies, and procedures to promote the safety and well-being of clients, visitors, staff and volunteers by actively resisting the re- traumatization of participants, individually and as a whole. (2023, ord 23-56, sec 3; am 2024, ord 24-8, secs 3 and 4.)37-1-3 Section 37-1-4. Authority to adopt rules and regulations. The sustainability administrator is authorized to adopt rules and regulations as the office deems necessary for the administration of the conduct of the office’s business. Rules shall be adopted pursuant to chapter 91, Hawai‘i Revised Statutes. (2023, ord 23-56, sec 3.)37-1-4 Article 2. Office of Sustainability, Climate, Equity, and Resilience. Section 37-2-1. Duties of the office of sustainability, climate, equity, and resilience. (a) Policy and program development. The office shall: (1) Establish policies and programs to promote sustainability, mitigate greenhouse gas emissions, and build the County’s resilience to the impacts of climate change and other natural and human caused hazards. These policies and programs shall be developed after consideration of resources such as the County’s general plan, County community development plans, County multi- hazard mitigation plan and County climate action plan, State law, the United Nations Sustainable Development Goals, and the 2015 Paris Climate Agreement. SUPP.16 (7-2024) 37-2 S USTAINABILITY, C LIMATE, E QUITY, A ND R ESILIENCE § 37-2-1 (2) Improve environmental justice and equity by promoting specific policies and actions to ensure that sustainability, change mitigation and adaptation, and resilience efforts also benefit lower and middle income, Native Hawaiian, and historically marginalized communities. These policies and actions should include utilization of place-based, Native Hawaiian guiding principles, tools, and frameworks to guide, inform, coordinate, and evaluate proposed actions and activities. (3) Regularly engage with stakeholders to assess and assure that policies and actions are implemented in a manner that is immediate, direct, and coordinated, and employs strategies that are equitable in their impact on various communities in the County. (4) Ensure policies, practices, and actions are trauma-informed to promote resilience, health, and wellness. (b) Shared metrics. The office shall develop metrics, benchmarks, and data visualization tools to track and communicate progress towards sustainability, climate mitigation and adaptation, equity, and resilience goals. (c) Coordination, collaboration, and education. The office shall: (1) Coordinate communication among County departments and with community partners to develop and promote a shared vision and collaborative approach to implementing solutions that are based upon a clear understanding of the issues and challenges related to sustainability, climate change mitigation and adaptation, equity, and resilience within a trauma-informed framework and approach. (2) Coordinate and provide technical support to County departments to create policies and programs designed to implement and measure sustainability, climate change mitigation and adaptation, equity, trauma informed, and resilience strategies. (3) Collaborate with County departments and community stakeholders on sustainability, climate change mitigation and adaptation, equity, trauma informed, and resilience strategies to maximize collective impact through mutually reinforcing activities. (4) Provide education, outreach, and support, both internally and externally, that promotes climate sustainability and climate change mitigation and adaptation initiatives in a manner utilizing trauma informed principles and best practices that promotes equity and resilience and the capability to adapt effectively in the face of adversity. (d) Legislation and budget. The office shall: (1) Evaluate potential impacts of climate change on County human resources, facilities, and infrastructure and provide operating and capital improvement budget recommendations for consideration in addition to the recommendations of the planning department. SUPP. 16 (7-2024) 37-3 § 37-2-1 H AWAI‘I C OUNTY C ODE (2) Provide policy analysis and propose legislation to the Council to implement this section. (3) Provide the Council with an annual sustainability report. (e) Grants and funding. The office shall: (1) Investigate and provide technical support for grant applications and grant management to support funding to implement this section. (2) Prepare programs and contracts with the Federal government to carry out the purposes of this article and transmit to the Council for approval. (f) The office shall perform other related duties necessary to fulfill the mandate of the office. (2023, ord 23-56, sec 3; am 2024, ord 24-8, sec 5.) 37-2-1 SUPP.16 (7-2024) 37-4 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 ADDRESSES Permits Address numbers applications 14-3 display 14-84 conditions 14-4 posting at intersections 22-5.1 violation, penalty 14-6 procedures 14-82 Prohibited standards 14-83 minors 13-9 Street names public places, in certain 14-1 authority 22-5.2 school buses 18-70 criteria 14-86 Restricted use areas requiring permits method 22-5.2 drink between certain hours 14-2 procedures 14-85 drinking allowed between certain repository 22-5.3 times 14-2.1, 14-2.2 signs 14-87 ADMINISTRATION ANIMAL CONTROL AND ADVERTISING PROTECTION ADMINISTRATOR See also COMMERCIAL See also ANIMAL CONTROL AND SPONSORSHIP PROTECTION AGENCY OF COUNTY ASSET Animal control officers 4-1-1 Park areas 15-27 Under supervision of managing director 2-7 SUPP. 16 (7-2024) I-1 ANIMAL CONTROL AND PROTECTION AGENCY ANIMAL CONTROL AND Construction code PROTECTION AGENCY alternative materials, design, and See also ANIMAL CONTROL AND methods of construction 5-11-2 PROTECTION appeals, generally 5-11-3 ADMINISTRATOR; County streets 22-8.2 ANIMALS; Erosion and sedimentation control 10-6 DOGS; Firearms, license to carry 14-119.2 DOGS, DANGEROUS Flood control requirements 27-34 Animal control officers 4-2-4 Hydraulic fracturing 14-125 Impound power 4-2-3, 4-3-1 Integrated solid waste management Pounds 4-2-1, 4-2-2 20-02-22 Under supervision of managing Ordinance of annexation 35-41 director 2-7 Paratransit service 18-97 Public access 34-15 ANIMAL POUND Real property tax 19-91 Administration 4-2-2 Signs 3-38 Established 4-2-1 Special improvement financing by Impound power 4-2-3 community facilities district, protest 32-26 ANIMALS Street name, numbering or See also DOGS requirements 14-88 Aerial eradication unlawful 14-112 Taxicab license 18-37.15 Animals struck by vehicle, driver Transient accommodations taxes 2-265 duty 4-3-3 Zoning code 25-2-20, 25-2-35 Cruelty to animals 4-3-4 Defecation and nuisance ARBORIST ADVISORY COMMITTEE prohibited 4-3-6 Consultation with committee 14-61 Enforcement 4-9-1 Exceptional tree designation 14-60 Impoundment, after trespass 4-3-1 Membership 14-58 Places prohibited to animals 4-3-5 Powers, duties 14-59 Public lands, animal use restricted 15-4 ATTORNEYS See CORPORATION COUNSEL; APPEALS PROSECUTING ATTORNEY See also Pertinent chapters Business improvement districts, protests regarding establishment of district AUCTIONEERS 35-13 See also AUCTIONS Central coordinating agency 2-65 Adverse interest prohibited 6-37 Certificate of public convenience and License exceptions 6-33 necessity 18-13 required 6-34 Change services, improvements, and assessment 35-33 SUPP. 16 (7-2024) I-2 AUCTIONS AUCTIONS BLIND PERSON See also AUCTIONEERS See REAL PROPERTY TAXES – Authority to conduct 6-36 EXEMPTIONS Disposition of real property 2-112 Receipts to purchasers 6-38 BOARD OF APPEALS Violation, penalty 6-39 Appeals from planning director administrative enforcement AUTOMOBILES 25-2-35 See VEHICLES agricultural project district site plans 25-6-59.2 AXIS DEER central coordinating agency 2-65 Harboring 14-108 cluster plan development Penalty 14-110 25-6-26 Transport 14-106, 14-107 de minimus structure position discrepancy 25-4-71 hydraulic fracturing policy 14-125 -- B -- ohana dwelling 25-6-39.2, 25-6-39.6, 25-6-39.7 BEACHES park dedication code 8-13 See PUBLIC ACCESS CODE; plan approval 25-2-79 PARK AND RECREATIONAL project district site plans FACILITIES 25-6-49.2 public access code 34-15 BED AND BREAKFASTS short-term vacation rental See ZONING nonconforming use certificate 25-4-16.1 BEER standard of review 25-2-23 See ALCOHOLIC BEVERAGES street addressing and naming 14-88 subdivision code 23-5 BEGGING variances 25-2-58 See PEDDLERS, CANVASSERS AND zoning code 25-2-20 SOLICITORS Appeals from public works director construction code BICYCLES alternative materials, design and Bicycle lanes 24-185 methods of construction established 24-185 5-11-2 traffic schedule 24-294 enforcement 5-10-2 Bicycle routes 24-295 other appeals 5-11-3 established 24-185 variances 5-11-1 traffic schedule 24-295 erosion and sedimentation control Operation, reasonable and prudent 10-6 speed 24-185 sign code 3-38 Parking 24-186 enforcement 3-38 variances 3-22 SUPP. 16 (7-2024) 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 BUILDING CODE BUILDING CODE BURIAL GROUNDS See also See CEMETERIES CONSTRUCTION ADMINISTRATIVE CODE; BUS STOPS EXISTING BUILDING CODE; Official bus stops 24-211 INTERNATIONAL BUILDING CODE; Parking prohibited 24-212 RESIDENTIAL BUILDING CODE Traffic schedule 24-275 Compliance required 5A-1-7 Inspections BUS TERMINALS (Bus stops, See CONSTRUCTION depots, etc.) ADMINISTRATIVE CODE See PUBLIC TRANSPORTATION International building code 2006 Edition adopted by reference 5A-2-1 BUSES amendments to 5A-2-1 See PUBLIC TRANSPORTATION; appendices SCHOOL BUSES group U-agricultural buildings, appendix C 5A-3-2 BUSINESS IMPROVEMENT DISTRICT Hawai‘i hurricane sheltering BOND FUND Established 35-55 provisions for new construction, appendix U 5A-3-24 Hawai‘i wind design provisions for BUSINESS IMPROVEMENT new construction, appendix W DISTRICTS 5A-3-25 Assessments indigenous Hawaiian architecture apportionment 35-20 structures, appendix X 5A-3-26 levy 35-21 patio covers, appendix I 5A-3-2 lien 35-24 thatch material on exterior of notice to landowners 35-25 buildings – protection against notice to prospective buyer or lessee exposure fires, appendix M 35-26 5A-3-23 obligations 35-27 payment and collection 35-23 Permits Bonds See CONSTRUCTION fund 35-55 ADMINISTRATIVE CODE ordinance 35-49 Scope of chapter 5A-1-3 Special flood hazard areas, building principal costs that may be included work within 5A-4-1 35-50 Violation, enforcement refunding 35-56 See CONSTRUCTION sale 35-54 ADMINISTRATIVE CODE value to lien ratio 35-51 General provisions in Gene advances of funds, work, or BULLETIN BOARD, OFFICIAL property 35-5 Custodian 14-73 alternate method of financing 35-2 Established, purpose 14-71 Location 14-72 SUPP. 16 (7-2024) I-5 BUSINESSIMPROVEMENTDISTRICTS existing special assessments, MPROVEMENT DISTRIC payment 35-4 BUSINESS LICENSES types of supplemental services and See LICENSES AND PERMITS improvements 35-3 Proceedings to annex land --C -- authority 35-37 notice of hearing 35-40 CAMPING ordinance of annexation 35-38, See PARKS AND RECREATIONAL 35-39 FACILITIES protest 35-41, 35-42 Proceedings to change supplemental CATS services, improvements and See ANIMAL POUNDS, ANIMALS assessments authority 35-28 CEMETERIES notice of hearing 35-32 See also CEMETERY FUND; ordinance 35-29, 35-31 CREMATORIUMS protest 35-33, 35-34 ‘Alae cemetery, plots 6-6 request for change 35-30 County cemeteries, list 15-68.1 Proceedings to establish district Establishing, enlarging association 35-18 application 6-2 boundaries 35-14 council approval required 6-1 debt service, incidental expenses planning commission 6-3 35-16 requirements 6-4 hearing 35-12 violation, penalty 6-5 institution of proceedings 35-10 Grading and grubbing, individual plots ordinance establishing district 10-3 35-11 Prohibition 6-1 protest 35-13 Real property tax exemptions supplemental service and See REAL PROPERTY TAX improvement area, designation of Subdivision requirements 23-27 35-17 Veterans cemeteries term 35-15 See VETERANS ADVISORY Proceedings to terminate district COMMITTEE authority 35-45 notice of hearing 35-48 CEMETERY FUND ordinance 35-46, 35-47 Generally 6-7 Publication dispensing devices fees 35-69 CENTRAL COORDINATING AGENCY installation, maintenance, repair Designation 2-61 35-64 Duties 2-62 liability 35-67 permits 35-59 to 35-70 CHILDREN prohibitions 35-66 See MINORS rack inserts 35-61 SUPP. 16 (7-2024) I-6 CIGARETTES AND TOBACCO CIGARETTES AND TOBACCO Financial disclosures 2-91.1 See also SMOKING Gifts 2-91.4, 2-91.5 County business license to sell, Interpretation 2-80 not required 6-30 Lobbyist registration 2-91.3 Posted signs required 14-139 Opinions Tobacco products, distribution of disposition after issuance of formal 14-138 opinion 2-88 formal 2-87 CIVIL DEFENSE ADMINISTRATOR informal advisory 2-86 See also CIVIL DEFENSE AGENCY Post employment disclosure, etc. 2-91.2 Duties 7-1-2 Purpose 2-79 Under supervision of managing director BUSTIBLES 2-7 COMFORT STATIONS Park area sanitation regulations 15-30 CIVIL DEFENSE AGENCY See also CIVIL DEFENSE COMMERCIAL SPONSORSHIP OF ADMINISTRATOR COUNTY ASSETS Authority Duties 7-1-3 Emergency management plans 7-1-4 exclusions 2-240 Emergency powers 7-1-6 generally 2-239 Mayor, head of agency 7-1-2 General requirements 2-243 Under supervision of managing director Sponsorships 2-7 agreement 2-241 recognition 2-242 CLAIMS Against officers, employees 2-188 COMMISSIONS For tax exemptions See BOARDS, COMMITTEES, AND See REAL PROPERTY TAXES COMMISSIONS Settlement, corporation counsel 2-9 COMMITTEES See BOARDS, COMMITTEES, AND COMMISSIONS CLUSTER PLAN DEVELOPMENT See ZONING COMMUNITY DEVELOPMENT PLAN CODE OF ETHICS ACTION COMMITTEES See also BOARD OF ETHICS See also COMMUNITY Applicability 2-81 DEVELOPMENT PLANS Campaign mass mailings 2-80.1 Duties, responsibilities 16-6 Confidentiality 2-90, 2-91.6 Membership, tenure 16-5 Purpose 16-4 Conflicts of interest 2-84 Contracts 2-85, 2-85.1 Discipline 2-91 Disclosures of interest 2-91.1 Fair treatment 2-83 SUPP. 16 (7-2024) 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 required work 5-4-4 factory-built housing 5-3-2 Design, alternative 5-2-23 generally, when required 5-3-1 Electrical service, authorization for relocation of buildings 5-3-3 permanent 5-8-21 separate 5-3-5 Engineers and architects, work 5-4-3 temporary 5-3-4 Existing buildings 5-1-4 term Factory-built housing 5-3-2 expiration 5-5-4 Fees extension 5-5-5 inspections, extra or regulatory who may be issued 5-6-1 5-7-5 Permit application permit 5-7-3 application 5-4-1 permit plan review 5-7-1 designation of person, contractor, or pre-approved model plans for subcontractor who will do work residential dwellings 5-7-2 5-5-3 refunds 5-7-8 documents to accompany application temporary certificate of occupancy 5-4-2 5-7-6 filed prior to change in law 5-4-8 temporary permit 5-7-4 Permit application review, action, and valuation of construction costs 5-7-3 issuance Inspections action on application 5-4-6 final 5-8-5 issuance 5-5-1 general requirements 5-8-1, 5-8-4 review 5-4-5 regulatory inspections 5-8-7 withdrawal 5-4-7 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 structurally unsafe 5-9-3 approved 5-2-21 substandard 5-9-2 used 5-2-22 Methods of construction, alternative unsafe 5-9-1 5-2-23 department action Model plan preapproval 5-4-21 finding, notice and order 5-9-6 Permit other action 5-9-8 compliance 5-2-3 posting signs 5-9-7 not required Variances 5-11-1 emergency work 5-3-25 Violation, enforcement exempt, building work 5-3-22 administrative 5-10-2 exempt, electrical work 5-3-23 criminal 5-10-3 exempt, plumbing work 5-3-24 injunctive 5-10-4 exemptions 5-3-21 violations 5-10-1 posting 5-5-2 Work, who is eligible to perform 5-6-2 SUPP. 16 (7-2024) 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 tourism 25-1-5 Dogs, small domesticated animals 4-3-6 Agriculture 23-113 Park and recreational areas 15-30 Agriculture use value 19-2 Air-conditioning equipment 24-130 DEFINITIONS Alerting organization 7-1-1 Abandoned vehicle 20-01-03 Alley 23-3, 24-3, 25-1-5 Alternate energy improvement 19-82 Acceptable level of service 25-2-46 Accessible to a sewer 21-2 Alternating current level 2 charging Accessory building 25-1-5 station 25-1-5 Accessory structure 5-1-5, 5A-1-6, Amusement and recreation facility, 5B-1-6, 5C-1-6, 5F-1-6 indoor 25-1-5 Accessory use 25-1-5, 27-12 Amusement and recreation facility, Address 14-80 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 Appeal 27-12 Adult dog 15-78 Applicant 2-5 Adult personal use 14-98 Appointing authority 2-143 Aerial device 17-2-2 Approval 8-2, 34-3 Aerial sign 3-3 Approved development 25-2-46 Aesthetic areas 15-66 Aquaculture 25-1-5 Affected assessment unit 12-1 Architect 5-1-5 Affordable housing 11-3 Area coordinator 14-67 Affordable housing developer 2-110 Area mitigation 25-2-46 Affordable housing income guidelines Area of shallow flooding 27-12 Arterial 23-3 11-3 Arterial street 24-3 Affordable rental housing 19-2 Article 5D-1-6 Affordable rental rate 19-2 Articles pyrotechnic 17-2-2 Affordable unit or affordable housing unit 11-3 Assessed value of real property 35-1 Agency 1-4, 2-82, 11-3, 14-7 Assessment base 33-2 Aggressive manner 14-74 Assessment increment 33-2 Agricultural activities 25-1-5 Assessment unit 12-1 Agricultural building 5-1-5, 5A-1-6 At large 4-1-1 Agricultural/open district 3-3 Attack 4-1-1 Agricultural products processing, major Auction 6-32 25-1-5 Auctioneer 6-32 Agricultural products processing, minor 25-1-5 SUPP. 16 (7-2024) 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, 14-20, 20-1-03 Bar 14-20 Business district 24-3 Base flood 27-12 Business establishment 3-3 Base flood elevation 5A-4-2, 5B-4-2, Business improvement district 22-1.2, 5C-4-2, 5D-3-2, 5F-3-2, 27-12 35-1 Basement 27-12 Business or industrial street 23-3 Beach park 15-3 Business service 25-1-5 Bed and breakfast establishment 25-1-5 Camper 15-3 Beginning of construction 25-1-5 Camping 15-3 Bicycle 24-3 Camping units 15-3 Bicycle lane 24-3 Candidate 2-91.1, 2-121 Bicycle path 24-3 Cannabis 14-98 Bicycle route 24-3 Capital costs 2-235 Bicycle/walk path 24-3 Care home 25-1-5 Bikeway 24-3 Carport 5A-2-1(d), 5B-2-1(d) Bizarre council district shape 36-1 Carrier 18-1 Blight 33-2 Cash sponsorship 2-238 Blind 19-75 Catering establishment 25-1-5 Blue light content 14-51 Certificate of disability 24-242 Board 2-82, 17-3-1 Certification of rental rate 19-2 Bodily injury 4-1-1 Certified hale builder 5A-3-26 Bond ordinance 35-1 Certified medical gas installer 5F-1-6 Bonds 1-4, 32-16, 35-1 Certified medical gas verifier 5F-1-6 Borrow 10-1 Cesspool 21-2 Bowling alley 14-20 Chapter 5A-1-6, 5B-1-6, 5C-1-6, 5D-1-6 Charter 1-4 Breakaway walls 27-12 Chief of police 14-7, 14-67, 14-115, Building 1-4, 3-3, 5-1-5, 5A-2-1, 5B-1-6, 18-31, 22-1.2, 24-202.4 5B-2-1, 5C-1-6, 5C-2-1, 5E-1-6, 5F-1-6, 14-20, 14-80, 22-1.2, 25-1-5 City 1-4 Building drain 5F-2-1 City of Hilo 23-3, 25-1-5 SUPP. 16 (7-2024) I-12 DEFINITIONS Civil defense agency 7-1-1 Conflict of interest 2-136 Civil defense siren 25-2-46 Conforming 23-3, 25-1-5 Class I lighting 14-51 Connection 21-2 Class II lighting 14-51 Consolidation 12-30, 23-3 Class III lighting 14-51 Construction code 5-1-5, 5A-1-6, 5B-1-6, Clerk 1-4, 32-16 5C-1-6, 5E-1-6, 5F-1-6 Coastal high hazard area 27-12 Consumer fireworks 17-2-2 This code 5A-1-6, 5B-1-6, 5C-1-6, Continuity of operations plan 7-1-1 5D-1-6, 5E-1-6, 5E-2-1(b), 5F-1-6 Continuous and regular basis 19-2 Code official 5C-2-1(d), 5E-2-1(b) Contribution 2-91.3, 2-238 Collector street 23-3 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 building 14-20 Cost 2-5, 12-1, 32-16 Commercial excavation 25-1-5 Costs of supplemental improvements Commercial interests 3-3 35-1 Commercial parking lot and garage Costs of supplemental services and 25-1-5 improvements 35-1 Commercial/industrial district 3-3 Council 1-4, 2-225, 3-3, 18-31, 25-1-5, Commercially viable agricultural 31-2, 32-16, 33-2 operation 19-2 Council district deviation 36-1 Commission 2-198, 18-1, 18-31, 20-1-3, County 1-4, 2-167, 2-225, 19-2, 30-3, 21-2, 25-1-5, 36-1 32-16, 33-2, 35-1 Commissioner 36-1 County asset 2-238 Committee 2-121 County building code 17-2-2 Common driveway approach 22-1.2 County clerk 35-1 Common element 23-122 County engineer 24-3 County environmental report 25-1-5 Community building 25-1-5 County facility 20-1-3 Community facilities district 32-16 County facility users 20-1-3 Community food sustainability use 19-2 County fire code 17-2-2, 17-3-1 Community of interest or community of common interest 36-1 County general plan 23-3 Community storm shelter 5A-3-24 County highway 14-67 Compensation 2-82 County park and recreational facility Completion 25-6-31 15-91 Compostable 20-1-3 Cracking 36-1 Comprehensive emergency management Crematorium 25-1-5 plan 7-1-1 Critical road area 25-2-46 Condominium 23-122 Crop production 25-1-5 Condominium property regime 23-122 Crosswalk 24-3 Condominium unit 12-1 Cruise or cruising 18-31 SUPP. 16 (7-2024) 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 Disorderly conduct 15-9 Dangerous dog 4-1-1, 15-78 Display 17-2-2 Data processing facility 25-1-5 Display case 3-3 Date of classification 19-2 Display fireworks 17-2-2 Day care center 25-1-5 Disposable food service ware 20-1-3 DBEDT 31-2 Distribute 14-137 De minimis structure position District 1-4, 3-3, 8-2, 22-1.2, 32-16, 35-1, discrepancy 25-1-5 35-60 Dead-end street 23-3 District association 22-1.2, 35-1 Deaf 19-75 District board 35-1 Debt 32-16 District engineer 23-3, 24-3 Declaration 23-122 District-wide publication Dedicated lands 19-2 dispensing rack permit 22-1.2 Dedication 34-3 Diversified agriculture 19-2 Default 21-38 Divided highway 24-3 Density 25-1-5 Dog park 15-78 Department 2-198, 2-225, 3-3, 14-120, Donations 2-161 14-137, 15-3, 17-2-2, 20-1-3, 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 Dwelling unit 5-1-5, 5D-1-6, 5E-1-6, 5F- sites 10-1 1-6, 8-2, 19-2, 25-1-5 Designee 1-4 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 Director of transportation 23-3 Emergency 7-1-1, 15-91, 24-3 SUPP. 16 (7-2024) 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 Guest ranch 25-1-5 Food manufacturing and processing Gun 14-7 facility 25-1-5 Habitable space 5E-2-1(b) Food packaging 20-1-3 Half street 23-3 Food providers 20-1-3 Handbill 14-141 For nonprofit purposes 19-77 Handicapped 18-1 Fracturing or cracking 36-1 Handler 15-78 Hardship 27-12 Fraud and victimization 27-12 Freeboard 27-12 Health officer 5F-2-1(c) Front yard 25-1-5 Highest adjacent grade 27-12 Frontage 25-1-5 Highway 24-3 Fuel cell electric vehicle 24-245.4, Historic preservation 2-225 25-1-5 Historic properties 2-225 Fully shielded 14-51 Historic structure 27-12 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 Hospital 25-1-5 Future width lines 25-1-5 Hotel 8-2, 14-20, 25-1-5 Gang cesspool 21-2 Humane society 4-1-1 Garage 5B-2-1(d) Hurricane-prone regions 5A-3-25 Garbage 21-2 Hydraulic fracturing 14-120 Garbage, properly shredded 21-2 IAPMO 5F-1-6 General floodplain 27-12 IBC 5A-1-6 Genetic engineering 14-91 ICC 5A-1-6, 5B-1-6, 5C-1-6, 5E-1-6 Genetically engineered 14-129 ICC section 5E-1-6 Gerrymander 36-1 Ideal council district’s population 36-1 Gifts 2-161 IECC 5E-1-6 Golf cart 24-176 Illuminated sign 3-3 Golf cart crossing 24-176 Immediate family 2-82 Immediate vicinity of a project 25-2-46 Golf course maintenance vehicle 24-176 Import 17-2-2 Governmental entity or agency 30-3 Improvement area 32-16 Grading 10-1 Improvement district 12-1 Grant 2-136 Graphic design 3-3 In-kind sponsorship 2-238 Grease 21-2 Incidental expense 32-16 Grease traps 21-2 Incidental expenses of a district 35-1 Gross negligence 2-167 Incidentals 12-1 Ground sign 3-3 Income 2-91.1 Group living facility 25-1-5 Increment 21-38 Group of structures 5A-3-26 Indigenous Hawaiian architecture Grubbing 10-1 structures 5A-3-26 Guaranteed borrower 21-38 Indirect lighting 3-3 Guest house 25-1-5 Individual 14-51 SUPP. 16 (7-2024) 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 Minor street 23-3 Nightclub 14-20 Non-mineral sunscreen 14-30 Minority population 36-1 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 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 Ohana dwelling 19-2, 25-1-5 NEC 5D-1-6 Negligently 4-1-1 On-leash area 15-78 Neighborhood electric vehicle 24-245.4, One-hundred-year flood 27-12 25-1-5 One-hundred-year floodplain 27-12 Neighborhood watch 14-67 One mile 14-113 Neighborhood watch sign 14-67 One person, one vote 36-1 Nepotism 2-136 Open air 14-129 Net free vent area 5-84 Open areas 15-66 Net taxable buildings 19-90 Open spaces 19-80 Net taxable lands 19-90 Open to the public 14-20 Net taxable real property 19-90 Operate 1-4 SUPP. 16 (7-2024) 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 Project area 25-2-46 Pyrotechnic composition or pyrotechnic Project costs 33-2 contents 17-2-2 Qualified business 31-2 Projecting sign 3-3 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) 18-1, 20-01-03, 34-3 Rear yard 25-1-5 Public holiday 24-3 Reasonable assumptions 25-2-46 Public mountain area 34-3 Recombinant DNA 14-91 Public place 1-4, 13-8, 14-74, 14-141 Reconstructed vehicle 24-3 Public property 20-01-03 Recoverable expenses 2-167, 14-152 Public recreation 19-80 Recovery 7-1-1 Public sewer 21-2 Recreational activity 34-3 Public shoreline area 34-3 Recreational area 15-3 Public street and public highway 34-3 Recreational facilities 15-66 Recreational vehicle 15-3, 27-12 Public thoroughfare 24-176 Recyclable 20-01-03 Public use, public building and public Recycling center 25-1-5 structure 25-1-5 Red flag warning 17-2-2 Public utilities 19-53.1 Public utility 5A-3-3, 19-89 Redistribution 17-2-2 Public works or public improvements Redistricting 36-1 33-2 Redistricting cycle 36-1 Publication 2-105, 35-60 Refuse 14-149 Publication dispenser permits 22-3.1 Region 36-1 Publication dispensing device 35-60 Register or registration 14-129 Publication dispensing rack enclosure or Regulatory employee 2-91.1 enclosure 35-60 Regulatory floodway 27-12 Publication dispensing rack insert 35-60 Regulatory inspection 5-1-5 Release 14-91 SUPP. 16 (7-2024) 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 duty 2-171 Subdivision 8-2, 21-2, 34-3 Special flood hazard area 5A-4-2, Substantial bodily injury 4-1-1 5B-4-2, 5C-4-2, 5D-3-2, 5F-3-2, 27-12 Substantial damage 5-3-3, 27-12 Special hazard vehicle 24-3 Substantial improvement 27-12 Special improvement, improvement, the Successional forests 19-59 making of a special improvement, Sunscreen 14-30 make any special improvement 12-1 Supplemental improvements 35-1 Special inspection 5-1-5 Supplemental services and improvement Special interest areas 15-66 area 35-1 Special license plates 24-242 Supplemental services and Special mobile equipment 24-3 improvements 35-1 Specially constructed vehicle 24-3 Surveyor 23-3, 25-1-5 Speed hump 22-1.2 Suspended solids 21-2 Speed limit 24-3 SWD 20-01-03 Sponsor 2-238 SWD facility 20-01-03 Sponsorship 2-238 Swill 14-149 Sponsorship agreement 2-238 Table 5A-1-6 Sponsorship recognition 2-238 Targeted area 33-2 Stakeholder preparedness review 7-1-1 Tax increment 33-2 Stand or standing 24-3 Tax increment bonds 33-2 Standard of fairness principles 36-1 Tax increment district or district 33-2 Start of construction 27-12 Tax increment financing plan or State 1-4, 2-225, 20-01-03, 27-12 financing plan 33-2 State credit union 19-89.2 Tax increment fund or fund 33-2 State fire code 17-2-2 Tax year 19-47 State of disaster or emergency 7-1-1 Taxi or taxicab 18-1 Statutes 1-4 Taxicab 18-1, 18-31, 24-3 Sterilized dog 4-1-1 Taxicab company 18-31 Stockpiling 10-1 Taxicab driver 18-31 Stop (when required) 24-3 Telecommunications antenna 25-1-5 Stop or stopping (when prohibited) 24-3 Temporary fireworks storage building or Store 14-45, 17-2-2 structure 17-2-2 Storm drainage facility 12-1 Temporary painted window sign 3-3 Stray 4-1-1 Temporary removable windshield Street 1-4, 3-3, 14-80, 22-1.2, 23-3, 24-3, placard 24-242 25-1-5 Temporary sign 3-3 Street frontage 3-3, 25-1-5 Tenant 1-4 Street plug 23-3 Theater 25-1-5 Structural observation 5A-2-1(d) Threat and hazard identification and Structure 5-1-5, 25-1-5, 27-12 risk assessment 7-1-1 Structures 15-66 Through highway 24-3 Student 18-1 Through lot 23-3 Subdivided land 23-3 Time share unit 25-1-5 SUPP. 16 (7-2024) 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 Water-tight 5A-4-2, 5B-4-2, 5C-4-2, Tow or tow-away zone 24-3 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 Unit 17-2-2, 23-122 Zone VE 27-12 United States census year 36-1 Zone X (shaded) 27-12 Zone X (unshaded) 27-12 University 25-1-5 Unoccupied unit 21-2 DEPARTMENT OF ENVIRONMENTAL Unsafe flora 14-149 MANAGEMENT UPC 5F-1-6 Use 25-1-5 See also DIRECTOR OF Use or using 24-167.1 ENVIRONMENTAL Variance 27-12 MANAGEMENT; Vehicle 15-3, 22-1.2, 24-3 ENVIRONMENTAL Very low-income household 2-75 MANAGEMENT Vicious dog 4-1-1 COMMISSION Violation 27-12 Composition of department 2-199 Violator 22-1.2 Divisions 2-203 Vote dilution 36-1 Enforcement 2-204 Waiting time 18-31 Penalties 2-205, 2-206 SUPP. 16 (7-2024) 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 DIRECTOR OF ENVIRONMENTAL MANAGEMENT DIRECTOR OF ENVIRONMENTAL DIRECTOR OF PUBLIC WORKS MANAGEMENT See also DEPARTMENT OF PUBLIC See also DEPARTMENT OF WORKS ENVIRONMENTAL Duties 2-39 MANAGEMENT Under supervision of managing Appointments, qualifications 2-201 director 2-7 Under supervision of managing director 2-7 DIRECTOR OF RESEARCH AND DEVELOPMENT DIRECTOR OF FINANCE See also DEPARTMENT OF See also DEPARTMENT OF FINANCE; RESEARCH AND FINANCES DEVELOPMENT Annual revenue report to council 2-12.6 Order of succession to office of Bond required 2-2 mayor 2-8 Change orders and contract Under supervision of managing supplements, notification to the director 2-7 council 2-12.3 Fund balance 2-12.4 DISABLED Order of succession to office of Blind person mayor 2-8 See REAL PROPERTY Permit fees, refund of 2-12 TAXES – EXEMPTIONS Under supervision of managing Deaf person director 2-7 See REAL PROPERTY TAXES – Warrants, issuance 2-11 EXEMPTIONS Paratransit service DIRECTOR OF HUMAN RESOURCES See PUBLIC TRANSPORTATION See also DEPARTMENT OF HUMAN Parking for persons with disabilities RESOURCES See TRAFFIC Order of succession to office of mayor DISABLED PERSONS 2-8 DISASTERS See also CIVIL DEFENSE AGENCY Under commission and administrative Disaster relief funds 2-248 supervision of managing director 2-7 Remission of taxes in certain disasters 19-36 DIRECTOR OF INFORMATION TECHNOLOGY See also DEPARTMENT OF DISCLOSURE OF INTEREST INFORMATION See CODE OF ETHICS TECHNOLOGY Y CONDU Under supervision of managing DOG PARKS Designation of parks 15-80 director 2-7 Facility schedule 15-89 Handlers DIRECTOR OF PARKS AND liability 15-81 RECREATION responsibilities 15-85 See PARKS AND RECREATION DIRECTOR SUPP. 16 (7-2024) I-25 DOGPARKS Regulations recognition 2-242 alcohol, drugs, food 15-82 Gifts or donations, process to accept dog behavior 15-86 community benefit assessment, land dog license, fees 15-87 use approval condition 2-162.1 noise-producing devices 15-83 money, securities, or personal vaccinations 15-84 property 2-162 Violation, penalty 15-88 other real property 2-162.2 DOGS DOOR-TO-DOOR SALESMEN See also ANIMALS; SeePEDDLERS, CANVASSERS AND DOG PARKS; SOLICITORS DOGS, DANGEROUS Female dogs 4-4-24 DRAINAGE Injuring or poisoning dogs 4-4-28 See EROSION AND Leash required, public places 4-4-29 SEDIMENTATION CONTROL License fees 4-4-1 Noisy dogs 4-4-25, 4-4-26 -- E -- Redemption of seized dogs after sale 4-4-23 ELECTIONS Seizure of dogs See FINANCIAL DISCLOSURES AND by officers 4-4-21 DISCLOSURES OF INTEREST; by others 4-4-22 VOTER REGISTRATION Stray, penalty for allowing 4-4-30 INFORMATION Strayed or stolen dogs 4-4-27 ELECTRIC VEHICLES DOGS, DANGEROUS Charging stations, parking 15-26, See also DOGS 25-4-54.1, 25-4-54.2 Dangerous dogs, when may be slain 4-4-31 ELECTRICAL CODE Enforcement, penalties 4-4-34 to 4-4-36, See also CONSTRUCTION 4-9-1 ADMINISTRATIVE CODE; Negligent failure to control 4-4-32 PLUMBING CODE Negligent failure to control, Compliance required 5D-1-7 habitual 4-4-33 Inspections See CONSTRUCTION DOMESTIC VIOLENCE ADMINISTRATIVE CODE See FAMILY VIOLENCE ADVISORY National electrical code, 2017 Edition COMMISSION adopted by reference 5D-2-1 amendments to 5D-2-1 DONATIONS Permits See also GIFTS See CONSTRUCTION Commercial sponsorships 2-239 ADMINISTRATIVE CODE agreement 2-241 exclusions 2-240 SUPP. 16 (7-2024) I-26 ELECTRICALCODE Scope of chapter 5D-1-3 Chapters 20, 21, review amendments Special flood hazard areas, electrical 2-207 work within 5D-3-1 Generally 2-207 Membership, tenure 2-207 EMPLOYEES OF COUNTY Powers, duties 2-207 See OFFICERS AND EMPLOYEES EROSION AND SEDIMENTATION ENERGY CONTROL See ENERGY CONSERVATION Appeals 10-6 CODE; Drainage 10-25 NUCLEAR ENERGY; Exclusions 10-3 REAL PROPERTY TAXES General conditions and specifications 10-16, 10-18 to 10-26 ENERGY CONSERVATION CODE Grading, grubbing, stockpiling See also CONSTRUCTION operations 10-9, 10-26 ADMINISTRATIVE CODE; Hazardous conditions 10-2 INTERNATIONAL ENERGY Inspections 10-17 CONSERVATION CODE Liability 10-7 Permits Compliance required 5E-1-7 Inspections application 10-10 See CONSTRUCTION conditions and limitations 10-12 ADMINISTRATIVE CODE denial, suspension or revocation International energy conservation code, 10-14, 10-15 2015 Edition expiration 10-13 adopted by reference 5E-2-1 fees 10-11 amendments to 5E-2-1 required 10-9 Permits Recovery of cost 10-4 See CONSTRUCTION Violation, penalty 10-8 ADMINISTRATIVE CODE Waivers 10-5 Scope of chapter 5E-1-3 ETHICS See BOARD OF ETHICS; ENTERPRISE ZONES CODE OF ETHICS Amendment 31-5 County incentives 31-6 Duration and other requirements 31-4 EXCAVATIONS AND FILLS Nomination and designation 31-3 See EROSION AND Real property tax exemptions SEDIMENTATION CONTROL; See REAL PROPERTY TAXES STREETS AND SIDEWALKS EXCAVATIONS AND FILLS EXCEPTIONAL TREES ENVIRONMENTAL MANAGEMENT See also ARBORIST ADVISORY COMMISSION COMMITTEE See also DEPARTMENT OF Exceptional trees list 14-65 ENVIRONMENTAL MANAGEMENT SUPP. 16 (7-2024) I-27 EXECUTIVE BRANCH EXECUTIVE BRANCH FAMILY VIOLENCE ADVISORY See MAYOR COMMISSION Specific departments Membership, tenure 2-184 Powers, duties 2-183, 2-187 EXISTING BUILDING CODE See also BUILDING CODE; FARM SUBDIVISIONS CONSTRUCTION See SUBDIVISION CODE ADMINISTRATIVE CODE; FARMERS MARKETS INTERNATIONAL BUILDING Permit, fee 15-73 CODE; Sites INTERNATIONAL EXISTING farmers market facility schedule BUILDING CODE; 15-72 RESIDENTIAL BUILDING map 15-71 CODE Time limits 15-70 Compliance required 5C-1-7 Inspections FEDERAL REVENUE SHARING FUND See CONSTRUCTION Created 2-133 ADMINISTRATIVE CODE International existing building code, FINANCES 2018 Edition See also DEPARTMENT OF adopted by reference 5C-2-1 FINANCE; amendments to 5C-2-1 DIRECTOR OF FINANCE; Permits FUNDS; See CONSTRUCTION NONPROFIT ADMINISTRATIVE CODE ORGANIZATIONS Scope of chapter 5C-1-3 Comprehensive annual financial report Special flood hazard areas, 2-12.4 building work within 5C-4-1 Encumbrances 2-12.1 Violation, enforcement Fiscal impact statements 2-12.7 Funds See CONSTRUCTION See Specific funds ADMINISTRATIVE CODE Gifts See GIFTS EXPENSES Rescue expense recovery Lien parity 2-12.2 See FINANCES Payment to County, subsequently dishonored 2-134 Revenue report 2-12.6 -- F -- Uncollectible accounts 2-109 FINANCES FACTORY-BUILT HOUSING Construction permit required 5-3-2 SUPP. 16 (7-2024) I-28 FINANCIAL DISCLOSURES AND DISCLOSURES OF INTEREST FINANCIAL DISCLOSURES AND FIRE DEPARTMENT DISCLOSURES OF INTEREST See also FIRE BOARD OF APPEALS; Generally 2-91.1 FIRE CHIEF; FIRE CODE; FIRE BOARD OF APPEALS FIRE COMMISSION; See also FIRE CHIEF; FIRE DEPARTMENT, FIRE CODE; VOLUNTEER; FIREWORKS CODE FIREWORKS CODE Appeals 17-3-4 Under fire commission and Established 17-3-2 administrative supervision of Membership, tenure 17-3-2 managing director 2-7 Powers, duties, functions 17-3-3 Volunteer and regular fire departments, coordination 2-21 FIRE CHIEF See also FIRE CODE; FIRE DEPARTMENT, VOLUNTEER FIRE DEPARTMENT; Benefits 2-23 FIRE DEPARTMENT, extent of coverage 2-24 VOLUNTEER; Coordination with regular fire FIREWORKS CODE department 2-21 Appeals of decisions County fire-fighting equipment See FIRE BOARD OF APPEALS 2-22 Appointment, qualifications 2-13 Created 2-16 See also FIRE COMMISSION Fire chief, head of 2-17 Head of volunteer fire department 2-17 Medical expenses, volunteers who are Powers, duties, functions 2-14 not members of volunteer fire Under fire commission and department 2-26 administrative supervision of Mileage reimbursement 2-20 managing director 2-7 Organization 2-19 Volunteer fire stations 2-16.1 FIRE CODE Wages, computation 2-25 See also FIRE DEPARTMENT; FIREARMS, WEAPONS, AND FIREWORKS CODE EXPLOSIVES Installation requirements See also FIREWORKS CODE Hawai‘i State Fire Code 2018 Edition, adopted, as amended Explosives and fireworks restrictions 17-1-21 parks, recreational facilities 15-10 NFPA 1, Fire Code, 2018 Edition, Firearms adopted, as amended 17-1-21 carrying while intoxicated Permits 17-1-5 14-119 duty to inform law enforcement upon contact 14-119.1 FIRE COMMISSION See also FIRE CHIEF; license to carry concealed and FIRE DEPARTMENT unconcealed 14-117 Membership 2-15 Powers, duties, functions 2-15.1 SUPP. 16 (7-2024) I-29 FIREARMS,WEAPONS,AND EXPLOSIVES parks, recreational facilities 15-12 FLOOD CONTROL sensitive places, prohibitions 14-118 See FLOODPLAIN MANAGEMENT Obnoxious substances agency FLOODPLAIN MANAGEMENT permit required 14-10 Appeals 27-31 storage and transportation 14-12 Applicability of chapter 27-5 possession and use Basis 27-6 exceptions 14-9 Compliance required prohibited 14-8 building permit 27-14 vendors certificate of occupancy 27-14 deliveries and records 14-14 generally 27-7 licenses required 14-13 grading permit 27-14 Toy rifles, use by minors prohibited laws and regulations, other 27-8 13-12 Encroachment, obstruction removal , WEAPONS AND EXPLOSIVES by county, costs 27-38 FIREWORKS CODE notice to owner 27-37 Aerial fireworks, display fireworks, Enforcement articles pyrotechnic 17-2-44 administrative order 27-34 Appeals criminal enforcement 27-36 See FIRE BOARD OF APPEALS injunctive relief 27-35 Enforcement, penalties 17-2-61 notice of violation 27-33 Explosives prohibited in parks 15-10 right to enter 27-32 Firecrackers 17-2-42 Floodplain administrator Fireworks for cultural purposes 17-2-43 director of public works, designated General prohibitions 17-2-21 administrator 27-15 Importation and exportation duties, responsibilities 27-16 inspection 17-2-52 Interpretation of provisions 27-9 notification 17-2-51 Maps, interpretation 27-16 storage 17-2-53 Methods 27-4 Licenses Nonconforming structures 27-13 Permit review 27-16 application process 17-2-33 Standards general provisions 17-2-32 certification 27-17 requirements 17-2-36 coastal high hazard areas 27-23 when required 17-2-31 Minors construction, special flood hazard liability of parents or guardians areas 27-18 17-2-23 drainage facilities, development prohibited conduct 17-2-22 near 27-25 Permits floodways 27-22 application process 17-2-46 general floodplain 27-24 general provisions 17-2-45 manufactured homes 27-21 not required 17-2-41 storm drainage 27-26 types 17-2-41 subdivisions 27-20 FLAMMABLES utilities 27-19 SUPP. 16 (7-2024) I-30 FLOODPLAINMANAGEMENT Variances VEHICLE DISPOSAL FUND; application WORKFORCE INNOVATION criteria, issuance 27-27 AND OPPORTUNITY ACT form, content 27-28 review 27-29 FUNERAL PROCESSIONS Warning and disclaimer of liability See PARADES AND PROCESSIONS 27-10 Watercourse alteration, relocation 27-16 -- G -- LOLAIN MANAGEMENT FUNDS GARBAGE AND TRASH See BUDGET STABILIZATION See also ABANDONED OR DERELICT FUND; VEHICLES; BUSINESS IMPROVEMENT DEPARTMENT OF DISTRICT BOND FUND; ENVIRONMENTAL CEMETERY FUND; MANAGEMENT; COUNTY HOUSING PROGRAM LITTERING; REVOLVING FUND; NUISANCES; COUNTY SEWER FUND; PLASTIC BAGS; FEDERAL REVENUE SHARING POLYSTYRENE FOAM FOOD FUND; CONTAINERS; GENERAL EXCISE TAX FUND; PROPERTY NUISANCE; GEOTHERMAL ASSET FUND; RECYCLABLE OR GEOTHERMAL RELOCATION COMPOSTABLE FOOD AND COMMUNITY SERVICE WARE; BENEFITS FUND; SOLID WASTE DISPOSAL KULAIMANO ELDERLY Clearing refuse on occupied and RENTAL HOUSING SPECIAL unoccupied lots, by County FUND; complaint by adjacent or abutting MUNICIPAL GOLF COURSE owner 14-151 FUNDS; cost 14-152 ULI EKAHI RENTAL when required 14-150 HOUSING SPECIAL FUND; Disposal permit PUBLIC ACCESS, OPEN SPACE, fee schedule 20-04-04 AND NATURAL RESOURCES fees 20-04-01 PRESERVATION FUND; required 20-03-02 PUBLIC ACCESS, OPEN SPACE, Parks and recreational area restrictions AND NATURAL RESOURCES 15-30 PRESERVATION Refuse disposal, compliance with MAINTENANCE FUND; department rules 20-03-01 SELF-INSURANCE FUND; Salvage of refuse restricted 20-03-04 SEWER CONNECTION Solid waste fees RESERVE FUND; collection 20-04-02 SOLID WASTE FUND; generally 20-04-01 SPECIAL ASSESSMENT schedule 20-04-04 REVOLVING FUND; Violation, penalty 20-02-21 to 20-02-23 SUPP. 16 (7-2024) I-31 GENERAL EXCISE TAX FUND GENERAL EXCISE TAX FUND GIFTS Administration 2-235 See also DONATIONS Creation 2-234 Officer or employee prohibited, when 2-91.4 GENERAL PLAN reporting 2-91.5 Contents, location 2-31 “County general plan” defined 23-3 GOLF CARTS See TRAFFIC GENETICALLY ENGINEERED CROPS AND PLANTS GOLF COURSES Coffee and taro See also ZONING genetically engineered (transgenic) Assessment of property taxes 19-56 coffee, unlawful 14-93 genetically engineered (transgenic) GRADING, GRUBBING, AND taro (kalo), unlawful 14-92 STOCKPILING Generally See EROSION AND open air cultivation, propagation, SEDIMENTATION CONTROL; development, or testing unlawful GRADING PERMITS 14-130 registration required 14-133 GRADING PERMITS See EROSION AND GEOTHERMAL ASSET FUND SEDIMENTATION Administration 2-176 CONTROL; Creation 2-176 FLOODPLAIN MANAGEMENT GEOTHERMAL ENERGY GRANTS See also GEOTHERMAL RELOCATION See NONPROFIT ORGANIZATIONS AND COMMUNITY BENEFITS PROGRAM; GRAVEYARDS HYDRAULIC FRACTURING See CEMETERIES POLICY GUNS Alternative energy improvements, See also FIREARMS, WEAPONS, real property tax exemptions AND EXPLOSIVES See REAL PROPERTY TAXES Drilling, restrictions 14-114 Toy rifles, use by minors prohibited 13-12 GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS -- H -- PROGRAM Establishment 2-177 HANDBILLS, ETC. Fund, expenditures from 2-181 Advertising in parks 15-27 Funding, source of 2-180 Distributing handbills 14-146 Geothermal relocation and community benefits fund, creation 2-179 Purchase, sale of affected properties 2-178 SUPP. 16 (7-2024) I-32 HAWAI‘I COUNTY CODE HAWAI‘I COUNTY CODE HITCHHIKING Citation 1-1 Pedestrians soliciting rides prohibited Form of ordinances to amend 2-152 24-249 Publication 2-153 Prohibited in park and recreational Revision, supplementation of Code areas 2-153 See PARKS AND RECREATIONAL Rules of construction 1-2, 1-3, 1-5 FACILITIES, HITCHHIKING Severability of unconstitutional or invalid parts of code 1-9 HOUSING ADMINISTRATOR See also OFFICE OF HOUSING AND HAWAI‘I COUNTY CULTURAL COMMUNITY RESOURCES COMMISSION DEVELOPMENT Members, tenure 2-226 Duties 2-71 Nominations to Hawai‘i or national Established 2-69 register of historic places 2-230 Powers 2-70 Powers, duties 2-229 Reports to council 11-19 Under supervision of managing HAWAI‘I COUNTY WATER USE AND director 2-7 DEVELOPMENT PLAN Adoption 29-2 HOUSING, AFFORDABLE HOUSING Amendments 29-3 POLICY Plan review 29-4 Buyer of finished lots 11-10 Credits HAWAIIAN ARCHITECTURE earning affordable housing credits See BUILDING CODE, INDIGENOUS 11-5 HAWAIIAN ARCHITECTURE transfer of credits 11-15 STRUCTURES Density bonus 11-8 Eligibility criteria 11-13 HAWAIIAN LANGUAGE Housing policy objectives 11-2 Spelling 2-5.1 Rental price of units 11-11 Requirements affordable housing 11-4 HELE-ON BUS satisfaction of 11-5 See PUBLIC TRANSPORTATION Sales HELE-ON KAKO‘O PARATRANSIT lots and units 11-9 SERVICE resale restrictions 11-14 See PUBLIC TRANSPORTATION sales price 11-7 Section 201G, HRS, projects 11-16 HIGHWAYS HOUSING AGENCY See DEPARTMENT OF PUBLIC Council members 2-66 WORKS; Created, scope of authority 2-66 STREETS AND SIDEWALKS Powers 2-68 SUPP. 16 (7-2024) I-33 HOUSING, FUNDS AND CONTRACTS HOUSING, FUNDS AND CONTRACTS owner of undivided interest 12-39 See also COUNTY HOUSING payment of installments 12-34 PROGRAM REVOLVING purchase at sale 12-41 FUND sale for default 12-40 Generally sale of land by director; terms contracts, signing 2-73 12-43 federal funds 2-72 Finance and payment special funds 2-75.1 contents of bonds 12-45 Revolving fund errors in computation of amount created 2-74 due 12-57 use 2-75 execution, payment 12-46 General obligation bonds HYDRAULIC FRACTURING POLICY exemption from certain Enforcement 14-125, 14-126 requirements 12-48 Prohibited 14-121 improvement bonds, authorized Violation 14-123 12-44 HYDRAULIC FRACTURING POLICY issuance 12-47 not chargeable against general -- I -- revenue 12-56 payment due upon maturity 12-54 IMPROVEMENT DISTRICTS payment to contractors 12-53 See BUSINESS IMPROVEMENT place to pay 12-52 DISTRICTS; reserve fund 12-50 COMMUNITY FACILITIES special assessment revolving fund DISTRICTS, SPECIAL 12-47 IMPROVEMENT FINANCING; special fund for administrative, IMPROVEMENTS BY pre-formation costs, and bond ASSESSMENT; payment 12-49 TAX INCREMENT DISTRICTS surplus, use of 12-49 tax exemptions 12-55.1 IMPROVEMENTS BY ASSESSMENT General provisions Assessments authority to issue bond 12-2 amendments upon consolidation costs advanced and borne by owners or subdivision 12-30 and County 12-7 application for reduction 12-29 council powers 12-6 bonds 12-37 improvements outside of designated certificate of balance 12-42 districts 12-4 due date 12-33 lands exempt from taxation 12-5 fixed by ordinance 12-29 lawsuits, limitation on time to installment payments sue 12-8 advance payments 12-35 method 12-2 collection expense 12-36 ratification and validation 12-9 election to pay by installment taxation, land exempt from, costs 12-33 12-5 failure to pay 12-38 SUPP. 16 (7-2024) I-34 IMPROVEMENTS BY ASSESSMENT Procedure bonds, refunding 12-62 adoption of improvement by council determination 12-61 resolution 12-10 initiation 12-59 assessment roll and description, petition by all owners 12-63 preliminary 12-27 protest 12-60 authorized improvements, notice 12-27 INFORMATION TECHNOLOGY, bidding, award of contract 12-24 DEPARTMENT council, determination by 12-17 Under supervision of managing director hearings, applicable proceedings 2-7 12-10, 12-27, 12-28 initiation of process by council, study INSPECTION 12-10 See Specific Subject land acquisition 12-21 PECTION maps INTERNATIONAL BUILDING CODE corrected map 12-27 See also BUILDING CODE responsible director or manager to Adopted 5A-2-1 prepare map 12-19 Amendments 5A-2-1 notice of authorized improvement Appendices 12-27 adopted 5A-3-2 petition by one hundred percent of group U-agricultural buildings, owners 12-16 appendix C 5A-3-2 petition by sixty percent of owners Hawai‘i hurricane sheltering 12-14 provisions for new construction, petition by twenty percent of owners appendix U 5A-3-24 12-15 Hawai‘i wind design provisions for petition for construction of special new construction, appendix W improvements 12-14, 12-15 5A-3-25 plans and specifications to be indigenous Hawaiian architecture furnished by cooperating structures, appendix X 5A-3-26 patio covers, appendix I 5A-3-2 department 12-20 thatch material on exterior of protests, filing 12-12 report 12-11 buildings – protection against resolution to define extent of exposure fires, appendix M improvement 12-18 5A-3-23 termination of 12-28.1 waiver of objections 12-13 INTERNATIONAL ENERGY water systems CONSERVATION CODE construction, inspections, costs See also ENERGY CONSERVATION 12-22 CODE contract for off-site water facilities Adopted 5E-2-1 12-26 Amendments 5E-2-1 Refunding authorized 12-58 SUPP. 16 (7-2024) I-35 INTERNATIONAL EXISTING BUILDING CODE INTERNATIONAL EXISTING prohibited 3-61 BUILDING CODE Variances 3-56 See also EXISTING BUILDING CODE Adopted 5C-2-1 KAILUA VILLAGE DESIGN Amendments 5C-2-1 COMMISSION Membership, tenure 25-7-2 INTERNATIONAL RESIDENTIAL Powers, duties 25-7-4 CODE Purpose 25-7-1 See also RESIDENTIAL BUILDING Sign permits CODE application review 3-53 Adopted 5B-2-1 guidelines 3-54 Amendments 5B-2-1 Sign variances Appendices application review 3-53, 3-57 adopted 5B-3-2 appendix Q; tiny houses 5B-3-3 KULA‘IMANO ELDERLY RENTAL appendix U; factory-built housing HOUSING SPECIAL FUND 5B-3-22 Created 2-75.1 KULEANA LAND -- J -- Real property tax exemption See REAL PROPERTY TAXES JUNIOR POLICE OFFICERS Injury -- L -- financial aid to parents 2-51 reporting of injury, investigation LANDSCAPE LIGHTING 2-52 See OUTDOOR LIGHTING -- K -- LAWSUITS Pending suit or prosecution 1-8 KAILUA VILLAGE Repeal of ordinance, effect on rights See also KAILUA VILLAGE DESIGN accrued 1-7 COMMISSION; SIGNS Settlement of claims 2-9 Boundaries 3-50, 25-7-1, 25-7-5 Recognized as special design district LEEWARD PLANNING COMMISSION 3-49 See PLANNING COMMISSIONS, Required 3-51 WINDWARD AND LEEWARD Sign area, size 3-90 Signs, generally LICENSES AND PERMITS permits Auctioneer’s licenses 6-34 applications 3-52 Building relocation 5-3-3 director action on application 3-55 Building work Signs, standards See CONSTRUCTION elevation 3-59 ADMINISTRATIVE CODE exempt 3-62 Camping 15-43 number 3-60 SUPP. 16 (7-2024) I-36 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 Stockpiling work 10-9 Firearms, explosives 14-10 Street closure 24-153.3 Fires, kindling in park areas 15-13 Taxi stands 18-37.2 Fireworks Taxicab licenses 17-2-31 driver’s permits 18-38 permits 17-2-41 license 18-37.1 Funeral procession 24-153.1 Temporary structures 5-3-4 Grading work 10-9 Tractors, special permits 24-119 Grubbing work 10-9 Vehicle inspection stations 24-26 Highways and rights-of-way, entrance Wastewater discharge into municipal upon and occupancy of 2-119 facility 21-29.1 Intoxicating liquors, drinking or Zoning displaying in public places 14-2 cluster plan development 25-6-22 Mobile home parks 6-26 ohana dwelling permit 25-6-31 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. 16 (7-2024) 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 grants 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. 16 (7-2024) 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 OHANA DWELLING director action on application 3-85 See ZONING required 3-81 standards elevation 3-91 exempt 3-94 SUPP. 16 (7-2024) I-40 number 3-92 rates 24-230 prohibited 3-93 regulated area, hours 24-229 sign area, size 3-90 signs, markings 24-235 variances 3-86 temporary changes 24-233 towing vehicles 24-236 PARADES AND PROCESSIONS Electric vehicles Funeral processions 24-153.2 penalties 24-245.6 interrupting procession 24-153 privileges 24-245.5 permit required 24-153.1 Enforcement, penalties Restricting traffic disabled parking enforcement permit required 24-153.3, 24-153.4 24-202.4 employees, independent contractors PARK DEDICATION CODE citations 24-202.3 Appeals 8-13 enforcement 24-202.2, 24-202.3 Applicability 8-3 obedience exemptions 8-4 to signs or markings 24-205 Calculation, land and facilities to be to traffic laws 24-5 provided 8-7 penalties 24-16 Credit police existing parks and playgrounds citations 24-15 8-11 enforcement 24-12 private recreational areas and Federal-aid highways 24-202 improvements 8-10 Lamps on parked vehicles 24-207 Dedication process 8-5 Manner of parking Monetary fees in lieu 8-8 generally 24-198 Option of land dedication or monetary not to obstruct traffic 24-192 fees 8-12 Parking for persons with disabilities Population density requirements 8-6 fees 24-245 Use of fees 8-9 parking spaces, designation 24-245.2 placards or plates PARKING issuing agency 24-243 See also TRAFFIC required 24-244 Abandoned special mobile equipment, violation, penalty 24-245.3 vehicles, trailers 24-199 Alleys 24-193 Parking meters Authorized vehicles 24-201 coins 24-216 Bus stops collection, deposit, and application See BUS STOPS of proceeds 24-220 County building hours of operation 24-217 installation of 24-214 application 24-231 slugs 24-218 enforcement 24-234, 24-237, 24-240 spaces 24-215 map 24-232 metered areas 24-238 tampering 24-219 permits 24-236, 24-239 time limits 24-216 SUPP. 16 (7-2024) I-41 PARKING Parking method passengers 24-190 , 24-191 angle parking, designation, time limit marking 24-204 generally 24-195 distance from curb, use of shoulder traffic schedules 24-203 15 minute 24-282.1 permits for loading or unloading 36 minute 24-282.2 1 hour 24-283 24-206 traffic schedule 24-286.1 2 hour 24-284 Parking stalls for construction or special 8 hour 24-284.1 events 24 hour 24-285 application 24-224 tow or tow-away zones fees 24-223 generally 24-202.1 penalty 24-227 traffic schedules 24-281 permit Registration plate evidence that must be kept at job site 24-225 registered owner parked vehicle required 24-222 24-200 violation 24-226 Restricted Parking zones for displaying, washing, repairing freight vehicles 24-194 hours 24-210 on highway 24-187 standing in 24-209 removal of illegally stopped vehicle traffic schedule 24-288 24-188 meter zones Taxi stands generally 24-213 parking in prohibited 24-212 traffic schedules 24-289 to traffic schedule 24-275.1 24-292 no-parking PARKS generally 24-196, 24-289 Parks and recreational facilities list traffic schedules 24-280, 15-68.1 24-286 PARKS AND RECREATION DIRECTOR no parking, certain hours See also DEPARTMENT OF PARKS generally 24-197 AND RECREATION traffic schedule 24-281 Deputy director 2-55 no parking, on pavement traffic schedule 24-279 Powers and duties 2-54 passenger loading and unloading Under supervision of managing active loading and unloading director 2-7 generally 24-212.1 traffic schedule 24-288.1 PARKS AND RECREATIONAL standing in FACILITIES generally 24-208, 24-212.1 See also DEPARTMENT OF PARKS traffic schedules 24-287 AND RECREATION picking up, discharging Advertising, permission required 15-27 merchandise 24-191 SUPP. 16 (7-2024) I-42 PARKS AND RECREATIONAL FACILITIES Alcohol or drugs, persons under FUNDS influence of 15-16 Hitchhiking prohibited 15-20 Animal or agricultural use of public Hours of operation 15-8 lands 15-4 Injury, report required 15-29 Audio devices, use restricted, permits Intoxicating liquor prohibitions 15-19 See ALCOHOLIC BEVERAGES Boating, prohibited in swimming areas Meetings and assemblies, in park areas permits, generally 15-34 Camping and camping areas application 15-37 areas where camping and issuance, denial, conditions 15-38 recreational vehicles allowed 15-39 permits, specific purposes Kahalu‘u park, special rules 15-5 public assembly 15-35 maps of camping areas 15-40 special events 15-36 permits Motion picture filming 15-22 assigned spaces 15-45 Naming of parks and recreation facilities cancellation 15-47 parks and recreational facilities list display 15-48 procedure 15-68 minors 15-46 requirements 15-67 required, issuance 15-43 Noise time limits 15-44 audio devices, restrictions, permits regulations 15-42 15-19 Cemeteries Nuisances prohibited 15-24 See CEMETERIES Parking restrictions 15-26 Commemoratives, permission to install Penalty 15-7 15-23 Pesticide use in parks and recreational Commercial activities, permit required facilities 15-20 glyphosate-based pesticides Damage, report required 15-29 exemptions 15-93 Disorderly conduct 15-9 prohibited 15-92 Dog parks other synthetic pesticides, use of 15-94 See DOG PARKS Picnics Explosive prohibited, exception 15-10 locations and time limits 15-49 Facilities schedule 15-68.1 minors 15-52 False reports prohibited 15-11 Farmers markets picnic permits See FARMERS MARKETS display 15-53 Fire regulations 15-13 hours 15-51 Firearms restricted 15-12 reservation of specific spaces and Fireworks prohibited, exception 15-10 facilities 15-50 Fishing regulations 15-14 Portable engines or motors, use Flotation devices 15-32 restricted 15-54 Gambling prohibited 15-15 Private improvements to parks and Golf course funds recreation facilities, credit against See MUNICIPAL GOLF COURSE user fees SUPP. 16 (7-2024) I-43 PARKS AND RECREATIONAL FACILITIES application of credit against user fees PEDESTRIANS 15-59 See TRAFFIC limitation 15-58 procedure 15-56 PEDICABS restoration of credits 15-60 See TRAFFIC Prohibited activities unless authorized natural features, resources; PENALTIES destruction, defacement, removal See specific topics 15-28 natural products, flowers, fruit; PERMITS gathering for collecting for See LICENSES AND PERMITS commercial purposes 15-28 pebbles, rocks; gathering or PESTICIDE USE collecting for sale 15-28 See PARKS AND RECREATION trees, shrubs, plants; destroying, digging, removing, tying objects to, PLANNED UNIT DEVELOPMENTS inserting items into 15-28 See ZONING Property abandoned 15-18 PLANNING lost, return of 15-17 See Refuse regulations 15-30 COMMUNITY DEVELOPMENT PLAN; Residing in park areas 15-25 GENERAL PLAN; Sanitation regulations 15-30 PLANNING COMMISSIONS, Signs, permission required 15-27 WINDWARD AND LEEWARD; Skating and skateboards 15-31 PLANNING DIRECTOR; Smoking prohibited STATE LAND USE DISTRICT See SMOKING BOUNDARY AMENDMENT Surfboards 15-32 PROCEDURES; Swimming 15-32 SUBDIVISIONS; Television production or sound track, ZONING permission required 15-22 PLANNING COMMISSIONS, Trespass WINDWARD AND LEEWARD See PROPERTY OFFENSES, Generally PUBLIC GROUNDS Vehicles or vessels, tampering with administrative support, planning prohibited 15-33 director 2-27 ECREATION membership 2-27 PEDDLERS, CANVASSERS AND notice of meetings 2-30 SOLICITORS office 2-29 quorum 2-28 Commercial use of County streets records 2-29 22-2.5 Powers, duties Impeding and obstructing the public agricultural project districts, 22-2.4 application 25-6-54 SUPP. 16 (7-2024) I-44 PLANNINGCOMMISSIONS, WINDWARDANDLEEWARD cemetery application 6-2 Use permits, review applications for community development plans 25-2-60 2-28.1 Zoning code, review proposed mobile home park license 6-27 amendments to 2-33 planned unit development, Zoning ordinances, review changes or applications 25-6-6 amendments 2-34 project districts, application 25-6-44 scenic corridors, proposed 25-6-63 PLANNING DIRECTOR state land use district boundary See also PLANNING DEPARTMENT amendment, petition 28-5 Order of succession to office of mayor street names, review 23-49 2-8 subdivision code, review proposed Under supervision of managing amendments to 2-32 director 2-7 zoning code, review proposed Zoning code amendments 2-33 amendments to 2-33 zoning ordinances, review proposed PLANTATION COMMUNITIES amendments to 2-34 See SUBDIVISIONS PLANNING DEPARTMENT PLASTIC BAGS See also PLANNING; Exemptions 20-06-03 PLANNING DIRECTOR Plastic checkout bags prohibited Agricultural project districts, application 20-06-02 25-6-54 Cemeteries, review resolutions to PLUMBING CODE establish or expand 6-3 See also CONSTRUCTION Community development plans 2-28.1 ADMINISTRATIVE CODE; Geothermal asset fund 2-27 UNIFORM PLUMBING CODE Mobile home park license 6-27 Compliance required 5F-1-7 Planned unit development, Inspections review applications 25-6-6 See CONSTRUCTION ADMINISTRATIVE CODE Planning commissions Permits See PLANNING COMMISSIONS, See CONSTRUCTION WINDWARD AND ADMINISTRATIVE CODE LEEWARD Project districts, application 25-6-44 Scope of chapter 5F-1-3 Scenic corridors, proposed 25-6-63 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 Street names, review 23-49 adopted by reference 5F-2-1 amendments to 5F-2-1 Subdivision code, review proposed NG C (Generally amendments to 2-32 Under supervision of managing director 2-7 Urban renewal lead agency 2-35.1 SUPP. 16 (7-2024) 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 PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND PUBLIC ACCESS, OPEN SPACE, AND Bus terminal location NATURAL RESOURCES city buses 18-21 PRESERVATION FUND country buses 18-22 See also parking fees 18-24 PUBLIC ACCESS, OPEN SPACE, Certificate of public convenience AND NATURAL RESOURCES and necessity PRESERVATION COMMISSION; appeals 18-13 PUBLIC ACCESS, OPEN SPACE, hearings, notice 18-6, 18-11 AND NATURAL RESOURCES issuance 18-6, 18-7 PRESERVATION penalty, injunction 18-12 MAINTENANCE FUND rates 18-9 Established 2-214.1 required 18-6 revocation 18-8 PUBLIC ACCESS, OPEN SPACE, AND routes 18-9 NATURAL RESOURCES safety standards 18-9 PRESERVATION MAINTENANCE County business license to sell, FUND not required 6-30 See also Fares PUBLIC ACCESS, OPEN SPACE, baggage 18-91 AND NATURAL RESOURCES generally 18-90 PRESERVATION COMMISSION; Paratransit service PUBLIC ACCESS, OPEN SPACE, appeals 18-97 AND NATURAL RESOURCES eligibility 18-95 PRESERVATION FUND establishment 18-93 Established 2-214.2 suspension of service 18-96 Passenger seating capacity PUBLIC NOTICES determined and rated, how See BULLETIN BOARD, OFFICIAL 18-15, 18-16 examiner of chauffeurs to determine PUBLIC RECORDS 18-17 penalty 18-20 Central coordinating agency duties 2-62 posted in vehicle 18-18 Fee schedule rated capacity limit 18-19 county clerk to administer 2-103 PUBRASPORTATION (School Buse exemption from payment 2-107 public records, fees for copies 2-104 PYROTECHNICS publications, charges for 2-105 See FIREWORKS PUBLIC SEWERS -- Q -- See WATER AND SEWERS -- R -- PUBLIC TRANSPORTATION See also COUNTY TRANSPORTATION RADIO INTERFERENCE COMMISSION; Electrical interference 14-41 SCHOOL BUSES Operation of device causing 14-42 Penalty 14-43 SUPP. 16 (7-2024) I-47 REAL PROPERTY DISPOSITION REAL PROPERTYDISPOSITION imposed upon owner 19-49 Appraisals 2-117 specific assessments Disposition by auction 2-112 community food sustainability use Exchange of real property 2-115 19-57.1 Notice of disposition 2-116 dedicated lands 19-58 et seq. Remnants 2-118 golf course assessments 19-56 Sale or lease nondedicated agricultural use by negotiation 2-114 19-57 by sealed bids 2-113 public utilities 19-53.1 residential use 19-58 REAL PROPERTY TAXES to whom Appeals corporations or co-partnerships See herein BOARD OF REVIEW 19-50 deadline to appeal 19-91 in general 19-48 grounds for 19-93 unknown owners 19-52 second appeal 19-94 Board of review small claims 19-95 See herein APPEALS tax appeal court 19-98 appointment, removal, compensation who may appeal, 19-96 generally 19-91 duties, powers, procedure 19-97 persons under contractual Dedications obligation 19-92 lands dedicated for residential use Assessment lists 19-58 amendment to conform information long-term commercial agricultural on list with decision resulting from use 19-60 appeal 19-103 native forest 19-59 changes to assessments on lists residential use 19-58 19-21 Delinquent taxes preparation of 19-28 See herein TAX BILLS tax rolls 19-30 Due date remittance or document due date Assessments falling on saturday, sunday, or generally holiday 19-20 assessment of property, to whom tax due when 19-31 adjustments, refunds 19-22 mistakes on notices, etc. Exemptions assessments not invalidated partial exemptions, assignment of 19-29 19-70 nontaxable property 19-67 specific notice of 19-27 alternate energy improvements 19-82 returns not made or authenticated 19-33 blind, persons who are 19-75 tax year, date of assessment 19-47 cemeteries 19-77 reassessments charitable purposes 19-77 generally 19-34 churches 19-77 SUPP. 16 (7-2024) I-48 REAL PROPERTY TAXES claims for certain exemptions liability for taxes, etc. 19-51 19-68 Foreclosures commercial agricultural use See herein LIENS, FORECLOSURE 19-2, 19-60 Hearings and subpoenas 19-5 credit unions 19-89.2 Housing and homelessness programs, crop shelters 19-79 revenue appropriated to 19-90 deaf, persons who are 19-75 Liens, foreclosure disabled, persons who are totally foreclosure 19-73, 19-75 cotenants’ rights 19-37 enterprise zones 19-89.3 generally 19-37 exempt real property, lessees of surplus money, disposition 19-45 19-85 foreclosure without suit hansen’s disease, persons affected costs 19-43 by 19-74 notice of sale 19-38 Hawai‘i island housing trust postponement of sale 19-40, 19-41 19-89.4 public auction 19-38 Hawaiian home lands 19-89 Mail, timely mailing treated as timely historic residential real property, filing and payment 19-6 dedicated for preservation Notices 19-89.1 how given 19-16 homes 19-71, 19-72 mistakes and names on notices do hospitals, nursing homes 19-77 not invalidate assessments 19-29 kuleana lands 19-89.5 notice of assessment labor unions 19-77 See herein ASSESSMENTS low and moderate-income housing Payments 19-87, 19-88 partial payment of taxes 19-23 native forest 19-59 tax bills, payments and penalties nonprofit corporations 19-77 19-30 et seq. nonprofit medical, hospital Rates indemnity associations determination of rates, process 19-90 19-76 imposition of real property taxes public use 19-77 pulp and paper, property on reclassification 19-49 used in manufacture of 19-78 minimum real property tax 19-90 schools, colleges 19-77 nontaxable property 19-67 united states property, leased residential tax tiers 19-46.1, 19-90 under national housing act tax base and rate 19-46 19-86 Records urban districts, dedicated land in adjustment 19-22 19-80 evidence, tax records as 19-19 veterans, disabled or open to public 19-18 unemployable 19-73 water tanks 19-81 Fiduciaries SUPP. 16 (7-2024) I-49 REALPROPERTYTAXES Records open to public 19-18 Final plan Remissions challenges to 36-11 acquisition by government 19-35 written report 36-10 cases of certain disasters 19-36 Plan deviation Returns council district, maximum 36-6 corporations and co-partnerships, total 36-5 returns by 19-15 Redistricting criteria failure to file, consequence 19-12 additional 36-4 fiduciaries, returns by 19-14 established 36-3 notice 19-11, 19-16 signing 19-13 REDISTRICTING COMMISSION Tax bills See also REDISTRICTING adjustments and refunds 19-22 Establishing boundaries, criteria assessment of unreturned or omitted 36-3, 36-4 property 19-33 Final plan 36-10 billing and delinquent dates 19-31 Training 36-2 delinquent taxes mail to persons assessed 19-30 REFUSE records 19-9 See SOLID WASTE DISPOSAL uncollectible, list of 19-9 penalty for delinquency 19-32 RESCUE EXPENSES Tax credits Gross negligence 2-168 application 19-105 Recovery of expenses 2-169 solar water heater 19-104 Tax deeds RESIDENTIAL BUILDING CODE evidence, as 19-44 See also BUILDING CODE; redemption 19-42 CONSTRUCTION Tax maps ADMINISTRATIVE CODE; director to provide tax maps 19-3 EXISTING BUILDING CODE; Valuations INTERNATIONAL RESIDENTIAL CODE consideration in fixing 19-53 Compliance required 5B-1-7 land classifications 19-53 Inspections See under CONSTRUCTION RECYCLABLE OR COMPOSTABLE FOOD SERVICE WARE ADMINISTRATIVE See POLYSTYRENE FOAM FOOD CODE CONTAINERS International residential code 2018 Edition REDISTRICTING adopted by reference 5B-2-1 amendments to 5B-2-1 See also REDISTRICTING appendices COMMISSION adopted 5B-3-2 Alternate plan appendix Q; Tiny Houses 5B-3-3 consideration 36-8 public, proposed by 36-7 appendix U; factory-built housing Commissioner training 36-2 5B-3-22 SUPP. 16 (7-2024) I-50 RESIDENTIALBUILDING CODE Permits Drivers See under CONSTRUCTION hours limited 18-72 ADMINISTRATIVE inspection, daily before use 18-74 CODE passenger conduct, driver Scope of chapter 5B-1-3 responsible 18-77 Special flood hazard areas, building Inspections work within 5B-4-1 certificate of inspection 18-88, 18-89 Violation, enforcement required 18-88, 18-89 See under CONSTRUCTION Prohibited ADMINISTRATIVE liquor 18-70 CODE smoking 18-71 talking with driver unnecessarily RESOLUTIONS 18-73 Repeal, effect of on rights accrued 1-7 Specifications, equipment aisles, ceilings 18-63 Revival 1-6 doors 18-61 emergency exits 18-62 -- S -- exhaust pipe 18-60 fuel tank location 18-59 SCENIC CORRIDOR PROGRAM identification markings 18-69 See ZONING inspections 18-58 metal screening 18-68 SCHOOL BUSES safety equipment 18-66 See also sanitary condition 18-67 COUNTY TRANSPORTATION seats COMMISSION; location 18-64 PUBLIC TRANSPORTATION specifications 18-65 Bus operation Trailer, transporting freight 18-87 backing up, manner of 18-85 Violation, penalty 18-57 clutch, use of 18-86 dangerous, unsafe school bus SEDIMENTATION CONTROL alternative transportation 18-75 See EROSION AND discontinue use, certification SEDIMENTATION CONTROL 18-76 discharging riders, manner of 18-78 SELF-INSURANCE FUND doors closed, while bus in motion Administration 2-160 18-83 Appropriation 2-157 driving violations, report to police Creation 2-156 18-79 Dissolution 2-159 leaving bus while engine running, Expenditures 2-158 brakes released 18-81 loading, dangerous manner 18-82 SEWER CONNECTION RESERVE operation must be safe, prudent, FUND careful 18-80 Created 21-45 stopping, manner of 18-84 SUPP. 16 (7-2024) I-51 SEWERS SEWERS Sewer connection loan program Penalty 21-36 application 21-40 Public sewers default procedure 21-41 connection loan program 21-39 connection required 21-5 reserve fund 21-45 disconnecting sewers, sealing 21-4 Sewer fund designated 21-34 tampering with public sewer, permit required 21-3 Sewer service charges generally billing 21-32 flow beyond capacity 21-10 discontinued service 21-33 industrial wastes of unusual private haulers discharging into strength 21-7 municipal facility 21-29.1 prohibited wastes 21-9 remission of charges 21-36.2 storm water, unpolluted water termination for nonpayment 21-32 21-8 user charges subdivisions 21-6 ad valorem charge 21-31.1 Sewage works, connections flat rate 21-30 extensions infiltration/inflow expenses 21- applications 21-26 31.2 approval of 21-26.1 nonresidential customers 21-29 construction specifications 21-27 residential customers 21-31 payment of costs 21-28 wastewater service charge rates, general provisions table 21-36.1 construction standards 21-15 disposal into natural outlet 21-11 SHELLS, CARTRIDGES, ETC. pumping stations 21-12 See FIREARMS, WEAPONS, and sewer mains 21-13 EXPLOSIVES laterals application 21-20 SHORELINE ACCESS construction specifications 21-22 See PUBLIC ACCESS CODE deposit, refunds 21-23 SHORT-TERM VACATION RENTALS installation requirement 21-14 Complaints 25-4-16 location of installation 21-21 Enforcement account 25-4-16.3 permit to connect 21-25 plumbing permit 21-25 Nonconforming use certificate 25-4-16.1 pre-existing lateral, charge 21-24 Permitted, where 25-4-16 subdivisions Requirements acceptance of sewage works and registration 25-4-16 treatment facilities 21-19 standards 25-4-16 construction cost 21-16 inspections 21-18 plan approval 21-17 time for beginning work 21-17 SUPP. 16 (7-2024) I-52 SHOT GUNS SHOT GUNS Permits See FIREARMS, WEAPONS AND construction code 3-14 EXPLOSIVES illuminated signs 3-15 sign permit SIDEWALKS application for 3-16 See STREETS AND SIDEWALKS contents of 3-19 inspection 3-20 SIGNS required 3-13 See also BULLETIN BOARD; review 3-18 OFFICIAL NEIGHBORHOOD Regulations WATCH SIGNS exempt signs 3-8 Construction specifications signs allowed with permits, by compliance with building and district electrical codes 3-28 agricultural/open districts 3-12 wind resistance 3-26 all districts 3-9 wood construction 3-27 commercial/industrial districts Enforcement, penalties 3-11 administrative 3-38 residential districts 3-10 criminal prosecution 3-39 signs allowed without permits 3-8 generally 3-37 signs prohibited in all districts 3-7 injunctive action 3-40 Sign area, size remedies cumulative 3-43 multi-faced signs 3-5 Fees single-faced signs 3-4 permit, variance 3-24 Variances Kailua village criteria for granting 3-23 See KAILUA VILLAGE; generally 3-22 KAILUA VILLAGE DESIGN COMMISSION SISTER CITY RELATIONSHIPS Location specifications Establishment distance above ground 3-32 criteria 2-164 procedure 2-165 height above buildings 3-33 Protocol officer responsibilities 2-166 interference with public alarms, signals, signs 3-30 SKATING AND SKATEBOARDS obstructions 3-29 projections beyond property line See PARKS AND RECREATIONAL 3-31 FACILITIES; Maintenance 3-34 TRAFFIC Nonconforming signs 3-35 Notification of proposed land use SMOKING See also CIGARETTES AND TOBACCO development, amendment 25-2-12 Pahoa village Bus drivers, smoking prohibited when driving 18-71 COMMITTEE; Cigarette, cigars, pipe heels, dropping lighted in park prohibited 15-13 DISTRICT SUPP. 16 (7-2024) I-53 SMOKING Prohibited in certain places GARBAGE AND TRASH exceptions 14-22 LITTERING posting of signs 14-23 prohibitions 14-21 SPECIAL ASSESSMENT REVOLVING FUND SOIL REMOVAL Generally 12-47 See EROSION AND SEDIMENTATION CONTROL SPECIAL FLOOD HAZARD AREAS See BUILDING CODE; SOLAR ENERGY BUILDING CODE, EXISTING; Tax exemption, alternate energy BUILDING CODE, improvements RESIDENTIAL; See REAL PROPERTY TAXES ELECTRICAL CODE; PLUMBING CODE SOLAR WATER HEATER Tax credit SPECIAL IMPROVEMENT FINANCING See REAL PROPERTY TAXES BY COMMUNITY FACILITIES DISTRICTS SOLICITING FOR MONEY OR See COMMUNITY FACILITIES OBJECTS OF VALUE DISTRICTS, SPECIAL Enforcement 14-76 IMPROVEMENT FINANCING Penalties 14-78 Prohibited acts 14-75 SPEED HUMPS CITATIONS See STREETS AND SIDEWALKS SOLID WASTE DISPOSAL See also ABANDONED OR DERELICT STATE LAND USE DISTRICT VEHICLES; BOUNDARY AMENDMENT PLASTIC BAGS; PROCEDURES SOLID WASTE FUND Consolidated review and processing with County solid waste disposal facilities other land use changes 28-8 County council authority 28-2 disposal required 20-03-01 Effective date of change 28-7 salvaging restricted 20-03-04 Petitions Disposal fees contents 28-3 fee schedule 20-04-04 when required 20-04-01 filing 28-2 Permit required, when 20-03-02 Review, process planning commission 28-5 SOLID WASTE FUND planning director 28-4 Created 20-04-03 standards for review 28-6 STREET LIGHTS SOLID WASTE MANAGEMENT See OUTDOOR LIGHTING See DEPARTMENT OF ENVIRONMENTAL MANAGEMENT; SUPP. 16 (7-2024) I-54 STREET NAMES STREET NAMES criteria 22-3.8 See ADDRESSES Sidewalks maintenance 22-4.6 STREETS AND SIDEWALKS repair 22-4.7 See also ADDRESSES; use permits TRAFFIC application 22-3.7 Construction in County streets criteria 22-3.8 permits Speed humps application 22-4.2 process 22-6.3 conditions 22-4.4 requests 22-6.2 criteria 22-4.3 Street names fees 22-4.5 See ADDRESSES required 22-4.1 Variances Corrective work by County, costs 22-8.6 application 22-7.1 criteria for granting 22-7.2 Driveway approach maintenance 22-4.10 fees 22-7.3 standards 22-4.9 STTS AND SIDEWALKS Emergency powers 22-8.5 SUBDIVISION CODE Enforcement, penalties Condominium property regimes administrative 22-8.2 assessments and rollback taxes criminal prosecution 22-8.3 23-141 injunctive action 22-8.4 building site area, minimum 23-129 violation 22-8.1 cluster plan development 23-139 Permits to use County streets common elements 23-127 conditions 22-3.9 compliance with applicable fees 22-3.10 permitting requirements 23-124 Prohibitions, requirements construction plans 23-133 commercial use of County street development as PUD or CPD 23-139 22-2.5 exemptions 23-140 creating unreasonable risk or harm final approval after approval of construction 22-2.4 plans 23-134 damaging street 22-2.3 final condominium map dropping, spreading substance on 23-136 street 22-2.3 encroachments 22-2.1 no infrastructure required impeding, obstructing 22-2.4 23-132 intersection sight distance 22-2.2 map approval, effect 23-138 signs on or above County street no change in condominium after 22-2.6 final approval 23-137 preliminary map Publication dispenser permits standards of review application 22-3.5 23-126 criteria, revocation 22-3.6 submission 23-125 Sidewalk use permits tentative approval 23-131 application 22-3.7 SUPP. 16 (7-2024) 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 SUBDIVISION CODE Improvements lots 23-109 construction notice 23-106 bond 23-83 Pre-existing lots construction may proceed after criteria to determine 23-118 receive approval 23-80 proof 23-119 final approval before construction use in consolidation and completed, bond 23-81 resubdivision 23-120 improvements and utilities, Preliminary plat agreement to provide 23-82 existing conditions 23-64 plans and specifications, review explanatory information 23-66 23-79 information required on preliminary state highway right-of-way, permit plat 23-63 required 23-80 proposed plan of land partitioning required 23-65 curbs, gutters 23-91 Safety flood hazard district drainage, flood, erosion mitigation new utilities 23-100 measures 23-92 sewage disposal facilities 23-102 lights 23-93 tentative approval, criteria 23-99 names 23-94 water systems 23-101 nondedicable, escrow maintenance Subdivision and preliminary plat, fund 23-87, 23-88 application pedestrian way 23-90 application fees for subdivision private dead-end 23-88 plans 23-60 resort subdivision 23-95.1 plat and plans submitted by right-of-way improvement 23-95 subdivider 23-58 sewage disposal systems 23-85 posting of signs for public sidewalks 23-89 notification 23-58.1 streets publication of notices 23-58.2 dedicable 23-86 review of plat 23-61 traffic signs 23-94 size and scale of plat 23-59 tentative approval of preliminary water supply 23-84 plat 23-62 Inspection Utilities fee 23-97 easements, right of ways 23-56 inspection by director of public works 23-96, 23-98 location within streets, highways inspection by State district engineer alternative 23-55 23-98 generally 23-54 notice before beginning work 23-98 Variances Plantation community subdivisions actions on 23-18 agriculture district 23-110 applications 23-16 appeals 23-107 general requirements 23-14 criteria 23-104 grounds for 23-15 designation 23-105 procedures 23-17 infrastructure 23-108 SUPP. 16 (7-2024) I-57 SUBDIVISIONCODE public notice termination 33-12 publication 23-17 Provisional district signs 23-17 establishment of 33-13 restrictions 33-14 SUITS Refunding bonds See LAWSUITS authorized 33-30 procedure 33-31 SUNSCREEN Tax increment bonds Exceptions 14-32 authority 33-19 Non-mineral sunscreen prohibited contents of bonds 33-21 14-31 execution 33-22 SURVEYS, MAPS AND P exemption from taxes 33-20 SUSTAINABILITY ACTION reserve fund 33-23 COMMITTEE sale 33-24 See also DEPARTMENT OF Tax increment fund 33-18 RESEARCH AND Tax increments DEVELOPMENT collection 33-17 computation 33-15 Created 2-37 Membership, tenure 2-37 TAXATION Powers, duties, functions 2-37.1 TAXI STANDS Establishment 18-37.2 SUSTAINABILITY ADMINISTRATOR Parking in 24-212 See also OFFICE OF Traffic schedule 24-275.1 SUSTAINABILITY, CLIMATE, EQUITY, AND TAXICABS RESILIENCE See also TAXI STANDS Created 2-271 Certificate of public convenience Duties 2-272 and necessity Under supervision of managing director application 18-32 2-7 hearing 18-6, 18-32, 18-33 required 18-6 Condition of taxicabs 18-37.9 -- T -- generally 18-37.9 soiling 18-37.8 TAX INCREMENT DISTRICTS Cruising 18-35 General obligation bonds 33-29 Driver’s permit General provisions issuance requirements 18-39 authority 33-3 required 18-38 private contributions 33-5 revocation, suspension 18-42 requirements 33-7 Fares suit, limitation on time to sue 33-8 baggage charge 18-52 Procedure posting 18-55 financing plan 33-10 receipt for service notice must initiation, study 33-9 be displayed 18-37.5 ordinance, establishment by 33-11 schedule 18-49 SUPP. 16 (7-2024) I-58 TAXICABS Penalties 18-37 obedience to traffic laws required Personal use by driver 18-34 24-5 Prohibited acts penalties 24-16 fraudulent call, nonpayment police 18-37.4 duty to enforce 24-12 intoxicating liquor 18-37.3 form of citations 24-15 kickbacks 18-37.3 public works employees refusal of service permitted citation power 24-202.3 bulky items 18-37.6 volunteer disabled parking disorderly persons 18-37.7 enforcement 24-202.4 refusal to furnish service upon call Golf carts or request, not permitted 18-37.3 bond, insurance required 24-182 taxicab paraphernalia, county not liable or responsible unauthorized possession 18-36 24-180 transporting passenger by route indemnification 24-181 not direct or economical 18-37.12 penalty 24-183 Signage prohibition 24-177 control number 18-37.11 public thoroughfare, use upon taxi sign 18-37.10 crossings, markings 24-179 taxicab license 18-37.1 restrictions 24-178 Taximeters Intersections, procedure for entering registration 18-46 stop 24-134 required 18-44, 18-45 yield 24-138 Litter, transporting TIME defined 24-161 Computation, etc 1-2 loads to be secured 24-162, 24-163 Mobile device use while operating TRAFFIC vehicle, prohibited 24-167.1 See also BICYCLES; Mopeds 24-186.1 PARKING; One way streets traffic schedule 24-267 VEHICLES; Parades and processions Crosswalks funeral processions 24-153.2 entering obstructed intersection interrupting procession prohibited or crosswalk 24-247 established 24-246 24-153 traffic schedule 24-276 permit required 24-153.1 Emergency vehicles street closure 24-153.3 generally 24-173 Pedestrians operation of vehicles on approach highway railings, prohibited acts 24-252 of emergency vehicle 24-174 obstruction of highways 24-251 Enforcement, penalties roadways closed to pedestrians designated employees, or generally 24-248 independent contractors 24-202.2 traffic schedule 24-278 SUPP. 16 (7-2024) I-59 TRAFFIC soliciting rides or business prohibited traffic signal systems 24-145.1 24-249 traffic schedule 24-274.1 Pedicabs warning signs penalty 24-186.4 livestock movement 24-141 use prohibited 24-186.3 men working 24-140 Private streets, traffic schedules Skating, skateboards, similar devices right turns, prohibited 24-309 prohibited 24-4 speed limits where allowed 24-4 Slow moving vehicles 10 mph limit 24-297 15 mph limit 24-298 emblem required 24-158 20 mph limit 24-299 manner of operation 24-160 25 mph limit 24-300 misuse of emblem 24-159 30 mph limit 24-301 Special hazard vehicles 24-173 35 mph limit 24-302 Speed regulations stop intersections 24-307 fifty-five mph maximum speed through streets 24-308 24-146 truck routes 24-310 maximum speed limit Prohibited or restricted activities, generally 24-149 vehicles residential or business district See also Specific topics 24-150.1 damaging road 24-157 minimum speed 24-151 dual-wheeled vehicles 24-165 reasonable speed 24-147 fleeing from police officer 24-154 speed limits effective when signs placing injurious substances on erected 24-150 highway 24-156 traffic schedules 24-253 to 24-263 school bus violation 24-148 overtaking and passing 24-175 Stop intersections traffic schedules 24-275 traffic schedule 24-264 street closure Stopping, standing generally 24-153.3 traffic schedule 24-286 where prohibited 24-189 permit 24-153.4 Through streets tampering with vehicles 24-152 traffic schedule 24-266 tracking mud or other material on Towed vehicles, trailers 24-167 highway 24-164 unlawful riding 24-155 Traffic-control devices Safety zones markings specified 24-144 driving through prohibited 24-250 no-passing zones 24-145 traffic schedule 24-277 Turns Signs generally cutting corners 24-172 manual on uniform traffic control left turns, prohibited devices, compliance with required traffic schedule 24-271 24-135 to 24-137, 24-139 prohibited turns 24-169 stop signs 24-133 right or left turns only 24-170 through streets 24-142 SUPP. 16 (7-2024) I-60 TRAFFIC right turns, anytime with caution generally 24-171 TRAVEL AND OTHER EXPENSES traffic schedule 24-268 See OFFICERS AND EMPLOYEES right turns, only generally 24-170 TREASURER traffic schedule 24-269 Bond required 2-2 right turns, prohibited Issuance of warrants 2-11 traffic schedule 24-272 U-turns TREES AND SHRUBBERY permitted 24-273 See ARBORIST ADVISORY prohibited 24-274 COMMITTEE; restricted 24-168 EXCEPTIONAL TREES traffic schedules 24-273, 24-274 vehicles, use of certain streets by TRESPASS certain vehicles prohibited See PROPERTY OFFENSES, PUBLIC GROUNDS generally 24-166 traffic schedule 24-293 yield locations TSUNAMI traffic schedule 24-265 See LOITERING TRAILER PARKS -- U -- See MOBILE HOME PARKS UNIFORM PLUMBING CODE TRAILERS See also PLUMBING CODE See VEHICLES Adopted 5F-2-1 Amendments 5F-2-1 TRANSFER STATIONS See SOLID WASTE DISPOSAL -- V -- TRANSIENT ACCOMMODATIONS TAX Appeals 2-265 VACATION RENTALS Established 2-259 See SHORT-TERM VACATION Payment RENTALS annual return 2-262 collection by VANDALISM suit 2-266 Prohibited activities in recreational third party 2-263 areas 15-28 tax 2-261 Penalty 2-267 VARIANCES tax for failure to make payment See Specific subject 2-264 TRASH See SOLID WASTE DISPOSAL SUPP. 16 (7-2024) I-61 VEHICLE DISPOSAL FUND VEHICLE DISPOSAL FUND fire extinguishers required Established 24-19 24-129 flares prohibited 24-126 VEHICLES warning devices 24-127 See also ABANDONED OR DERELICT generally 24-32 VEHICLES; placement TRAFFIC daylight hours 24-125 Air conditioning divided highway at night 24-124 compliance 24-132 emergency signals 24-122 standards 24-131 hill, curve 24-123 Brakes warning device brakes on all wheels 24-88 vehicle with explosives or emergency brakes flammable cargo 24-127 air brake 24-92 Fees vacuum brake 24-93 disposition of 24-22 hydraulic brake fluid 24-100 driver’s license examination 24-21 maintenance 24-98 driver’s permit and license 24-20 motor-driven cycles 24-99 inspection of vehicle 24-25 one control to operate all brakes vehicle registration fees 24-19 24-94 Fenders, bumpers 24-104 parking brakes 24-87 Horns performance ability 24-97 required, use 24-112 required 24-85 Inspection of vehicles reservoir capacity, check valve fee 24-25 24-95 periodic inspections required 24-24 service brakes, adequacy 24-86 Inspection stations, tractor brakes designation 24-26 backflow protection 24-91 inspection of stations 24-27 breakaway protection 24-90 permit 24-28 trailers, automatic brakes 24-89 safety inspectors 24-29 Lamps warning devices 24-96 back-up lights 24-44 Enforcement, penalties brake lights 24-42 citations 24-15 color 24-53 obedience to traffic laws required 24-5 electric turn signals 24-43 penalties 24-16 headlamps 24-36 police to enforce 24-12 identification and clearance lamps Equipment bus and trucks 24-47 See also Specific type mounting 24-54 emergency pole trainers 24-51 certain vehicles to carry 24-120 specifications 24-46 disabled vehicles to display rear registration plate warning devices 24-121 24-38 explosives or flammable cargo stop lamps, turn signals 24-41 SUPP. 16 (7-2024) I-62 VEHICLES trailer and semi-trainers required 24-106 24-48, 24-50 Signal devices truck tractor 24-49 back-up 24-116 wide vehicles 24-52 horn 24-112 tail lamps 24-37 prohibited devices 24-113 visibility 24-55 siren by emergency vehicles 24-115 when required theft alarm 24-114 farm tractors, equipment 24-60 Special purpose lamps and signal devices generally 24-34 obstructed lights 24-56 auxiliary lamps other vehicles, equipment 24-61 cowl or fender lamps 24-68 parked vehicles 24-59 driving 24-66 pole trailers, lamps or flags on passing 24-65 24-58 running-board 24-67 projecting load, lamps or flags on emergency vehicles 24-57 flashing red light 24-70 Mirrors on vehicles 24-101 lights limited to 24-71 Motor vehicle registration fees 24-19 sirens 24-72 Motor vehicle weight tax fog lamps 24-63, 24-64 computation 24-17 parking lamps 24-64 minimum tax 24-18 school bus lamps penalty for delinquency 24-18 generally 24-69 Mud, spray guards 24-105 lights limited to 24-71 Mufflers and exhaust systems signal lamps 24-69 exhaust system requirements special hazard vehicles 24-74 24-110 spot lamps 24-62 modified or altered exhaust systems Tires 24-111 solid tires, metal tires, metal muffler required, excess noise studs 24-118 defined 24-109 tire capacity, worn tires 24-117 Tractors, special permits 24-119 Road lighting equipment Vehicle disposal fund 24-19 alternate equipment 24-82 Visibility, generally 24-35 intensity 24-77 Warning devices motor-driven cycles 24-81 multiple-beam lamps disabled vehicle to display 24-121 beam indicator required placement of emergency signals and 24-78 devices 24-122 to 24-125, 24-127 required 24-76 specifications 24-128 use of 24-79 warning lamps 24-75 number 24-83 Windshields restrictions 24-84 required, exceptions 24-104 single-beam lamps 24-80 visibility unobstructed, stickers Safety glazing 24-102 broken material 24-107 windshield wipers 24-103 SUPP. 16 (7-2024) I-63 VENDORS VENDORS WATER SUPPLY, DEPARTMENT See PEDDLERS, CANVASSERS See also WATER SUPPLY, MANAGER- AND SOLICITORS CHIEF ENGINEER Under commission and administrative VETERANS supervision of managing director 2-7 See also VETERANS ADVISORY COMMITTEE WATER SUPPLY, MANAGER-CHIEF Real property tax exemptions ENGINEER See REAL PROPERTY TAXES See also DEPARTMENT OF WATER SUPPLY VETERANS ADVISORY COMMITTEE Under commission and administrative Membership, tenure 15-62 supervision of managing director 2-7 Powers and duties 15-64 WATER USE AND DEVELOPMENT VICIOUS DOGS See also DEPARTMENT OF WATER See DOGS, DANGEROUS SUPPLY; WATER SUPPLY, MANAGER VIOLATIONS – CHIEF ENGINEER; See specific offenses WATER USE AND DEVELOPMENT PLAN VOLCANIC ERUPTION See also GEOTHERMAL RELOCATION WATER USE AND DEVELOPMENT AND COMMUNITY PLAN BENEFITS PROGRAM Adoption 29-2 Remission of taxes in certain disasters Amendments 29-3 19-36 Plan review 29-4 VOLUNTEER FIRE DEPARTMENT WINDWARD PLANNING COMMISSION See FIRE DEPARTMENT See PLANNING COMMISSIONS, WINDWARD AND LEEWARD VOLUNTEER POLICE WORKFORCE INNOVATION AND See POLICE DEPARTMENT OPPORTUNITY ACT PROGRAM See WORKFORCE INNOVATION VOTER REGISTRATION INFORMATION AND OPPORTUNITY BOARD; Charge for data 2-125 WORKFORCE INNOVATION Release of data 2-122 to 2-124 AND OPPORTUNITY FUND County powers, duties 2-191 Creation of fund 2-193 -- W -- Established 2-189 WATER SPIGOTS Penalty 29-6 Public water spigots 29-5 SUPP. 16 (7-2024) I-64 WORKFORCE INNOVATION AND OPPORTUNITY BOARD WORKFORCE INNOVATION AND APD, agricultural project districts OPPORTUNITY BOARD amendments 25-6-59.1 See appeals 25-6-59.2 WORKFORCE INNOVATION AND application, requirements 25-6-54 OPPORTUNITY ACT PROGRAM; conditions 25-6-55 WORKFORCE INNOVATION AND construction in conformity with site OPPORTUNITY FUND plans 25-6-58 Established 2-192 criteria for establishing 25-6-51 density 25-6-53 WORKFORCE INNOVATION AND land area, minimum required OPPORTUNITY FUND 25-6-52 Creation 2-193 permitted uses 25-6-53 Expenditures 2-195 plan approval, by approval of site Funding 2-194 plans 25-6-59 review criteria, conditions 25-6-57 WRITS, WARRANTS AND OTHER signs for public notification 25-6-54 site plan, review and approval PROCESSES See Specific topic 25-6-56 Appeals See also BOARD OF APPEALS -- X -- costs of hearing 25-2-22 further right 25-2-25 permit conditions, performance pending appeal 25-2-21 -- Y -- standard of review 25-2-23 who may appeal, procedure 25-2-20 Basements, underground structures -- Z -- 25-4-21 Bed and breakfast establishment 25-4-7 CDH, downtown Hilo commercial ZONING district A, agricultural districts building site building site area, minimum 25-7-24 area, minimum 25-5-74 width, minimum 25-7-25 width, minimum 25-5-75 designation 25-7-21 designation 25-5-71 height limit 25-7-23 height limit 25-5-73 permitted uses 25-7-22 permitted uses 25-5-72 purpose, applicability 25-7-20 regulations, additional 25-5-77 regulations, additional 25-7-27 yards 25-5-76 yards 25-7-26 Agricultural tourism CG, general commercial districts plan approval building site application requirements 25-2-75 area, minimum 25-5-114 required 25-2-71 width, minimum 25-5-115 use regulation requirements 25-4-15 SUPP. 16 (7-2024) I-65 ZONING 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 Flag lots 25-4-14 yards 25-5-106 Concurrency requirements 25-2-46 Frontage 25-4-30 Consolidation, waiver of requirements General administration 25-2-11 application, waiting period after CV, village commercial districts denial 25-2-6 building site applications including lesser actions, area, minimum 25-5-124 concurrent applications width, minimum 25-5-125 25-2-9 designation 25-5-121 approvals, utilization within two height limit 25-5-123 years 25-2-7 landscaping 25-5-127 changing districts, effect on prior permitted uses 25-5-122 approvals 25-2-8 purpose, applicability 25-5-120 consolidation, resubdivision, waiver of requirements 25-2-11 SUPP. 16 (7-2024) I-66 ZONING notice to property owner, lessee of urban zone map pending application 25-2-4 -Kapa‘au zone map permits or licenses to be issued in See herein Zoning map, district, conformance with chapter 25-2-2 urban zone map privileges run with the land 25-2-10 Height requirements public hearing notices 25-2-5 accessory structures 25-4-23 review, acceptance of applications basements, underground structures 25-2-3 25-4-21 General development exemptions 25-4-22 agricultural tourism 25-4-15 generally 25-4-20 authorized by other permits 25-4-5 Hilo, city of, zone map bed and breakfast establishments See herein Zoning map, district, 25-4-7 urban zone map establishment of permitted uses in Home occupations 25-4-13 districts 25-4-3 Human occupancy, conditions for flag lots 25-4-14 buildings designed for 25-4-2 guest houses 25-4-9 IA, intensive agricultural districts home occupations 25-4-13 building site mobile dwellings 25-4-10 area, minimum 25-5-84 power lines, utility substations, width, minimum 25-5-85 public buildings 25-4-11 designation 25-5-81 short-term vacation rentals 25-4-16 height limit 25-5-83 telecommunication antennas or permitted uses 25-5-82 towers 25-4-12 purpose, applicability 25-5-80 temporary real estate offices and regulations, additional 25-5-87 model homes 25-4-8 yards 25-5-86 Guest houses Kailua urban zone map ohana dwellings 25-6-36 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 See herein Zoning map, district, boundaries 25-7-1 urban zone map amendment 25-7-5 Hala‘ula-Niuli‘i zone map membership, appointment, See herein Zoning map, district, terms 25-7-2 urban zone map powers, duties 25-7-4 Hmkua district homesteads area Kalapana-Kaim zone map zone map See herein Zoning map, district, See herein Zoning map, district, urban zone map urban zone map K district zone map district zone map See herein Zoning map, district, See herein Zoning map, district, urban zone map SUPP. 16 (7-2024) I-67 ZONING 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 width, minimum 25-5-135 See herein Zoning map, district, designation 25-5-131 urban zone map 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 Ohana dwellings building site appeals 25-6-39.7 area, minimum 25-5-154 applications, pending 25-6-39.4 building permit 25-6-39.2 width, minimum 25-5-155 designation 25-5-151 building site area and yards, height limit 25-5-153 minimum 25-6-35 permitted uses 25-5-152 designation 25-6-33 purpose, applicability 25-5-150 generally, applicability 25-6-30 regulations, additional 25-5-157 guest houses 25-6-36 yards 25-5-156 height limit 25-6-34 ML, limited industrial districts illegally constructed 25-6-39.5 building site parking, off-street 25-6-37 area, minimum 25-5-144 permit width, minimum 25-5-145 action on 25-6-39.1 designation 25-5-141 application for, requirements height limit 25-5-143 25-6-39 permitted uses 25-5-142 eligibility 25-6-31 SUPP. 16 (7-2024) I-68 ZONING not transferable 25-6-39.3 dimension 25-4-53 revocation 25-6-39.6 number required 25-4-51 prohibited areas 25-6-32 determining, method 25-4-52 variances prohibited 25-6-38 purpose of provisions 25-4-50 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 Permitted uses, by district dimensions of spaces 25-4-53 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 exceptions 25-4-59.2 CG, general commercial districts 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 SUPP. 16 (7-2024) 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 ZONING RCX, residential-commercial mixed use permitted uses 25-5-3 districts purpose, applicability 25-5-1 building site regulations, additional 25-5-8 area, minimum 25-5-44 yards 25-5-7 width, minimum 25-5-45 Scenic corridor program commercial use restrictions 25-5-48 conditions, standards 25-6-65 designation, density 25-5-41 corridor advocacy groups 25-6-64 height 25-5-43 criteria for establishing 25-6-61 landscaping 25-5-47 initiation of scenic corridor, permitted uses 25-5-42 requirements 25-6-63 purpose, applicability 25-5-40 permitted uses 25-6-62 regulations, additional 25-5-49 review, approval of applications yards 25-5-46 25-6-66 RD, double family residential districts Signs, notification of proposed building site development area, minimum 25-5-24 agricultural project district width, minimum 25-5-25 application 25-6-54 designation, density 25-5-21 change of zone application 25-2-42 height limit 25-5-23 C.P.D. permit application 25-6-22 permitted uses 25-5-22 project district application 25-6-44 purpose, applicability 25-5-20 proposed development 25-2-12 regulations, additional 25-5-27 P.U.D. application 25-6-4 yards 25-5-26 use permit application 25-2-63 Real estate offices, temporary 25-4-8 variance application 25-2-53 Resubdivision action, waiver of South Hilo district zone map requirements 25-2-11 See herein Zoning map, district, Right of entry 25-2-32 urban zone map RM, multiple family residential districts South Kona zone map building site See herein Zoning map, district, area, minimum 25-5-34 urban zone map Street frontage, lot areas, widths width, minimum 25-5-35 designation, density 25-5-31 building site area, minimum average height limit 25-5-33 width landscaping 25-5-37 generally 25-4-31 permitted uses 25-5-32 reduction below minimum purpose, applicability 25-5-30 25-4-32 regulations, additional 25-5-38 waiver for utilities 25-4-34 yards 25-5-36 delinquent tax sale, effect 25-4-33 RS, single family residential districts street frontage, minimum 25-4-30 building site Telecommunication antennas or towers area, minimum 25-5-5 plan approval width, minimum 25-5-6 application requirements 25-2-74 designation 25-5-2 required 25-2-71 height limit 25-5-4 use regulation requirements 25-4-12 SUPP. 16 (7-2024) I-71 ZONING Temporary real estate offices, model notice of action 25-2-53 homes permitted, when 25-2-50 plan approval required 25-2-71 signs for public notification 25-2-53 use regulation requirements 25-4-8 Violations UNV, university district See herein ENFORCEMENT building site Volcano-Mt. View zone map area, minimum 25-7-34 See herein Zoning map, district, width, minimum 25-7-35 urban zone map designation 25-7-31 Waikoloa Village zone map height limit 25-7-33 See herein Zoning map, district, permitted uses 25-7-32 urban zone map purpose, applicability 25-7-30 Waihinu zone map regulations, additional 25-7-37 See herein Zoning map, district, yards 25-7-36 urban zone map ‘Upolu Point-Ka‘auhuhu homesteads Yards, open space zone map corner building sites 25-4-42 See herein Zoning map, district, fences, accessory structures 25-4-43 urban zone map general requirements 25-4-40 Use permits main buildings, minimum distance action on 25-2-64 between 25-4-47 appeal of 25-2-66 projections application, requirements 25-2-62 generally 25-4-44 criteria for granting 25-2-65 pools 25-4-46 procedure 25-2-63 porte-cocheres 25-4-45 public hearing 25-2-63 triangular, irregular building sites required, when 25-2-61 25-4-41 revocation 25-2-67 Zone changes signs for public notification 25-2-63 concurrency requirements 25-2-46 V, resort-hotel districts conditions on change of zone building site 25-2-44 area, minimum 25-5-94 initiation width, minimum 25-5-95 by council, director 25-2-43 designation, density 25-5-91 by property owner 25-2-42 height limit 25-5-93 nonsignificant zone changes landscaping 25-5-97 25-2-45 permitted uses 25-5-92 permitted when 25-2-40 purpose, applicability 25-5-90 signs for public notification 25-2-42 regulations, additional 25-5-98 Zoning districts, establishment of yards 25-5-96 applicability of provisions 25-3-5 Variances boundary interpretation rules 25-3-6 actions by director 25-2-54 designation of districts appeals 25-2-58 generally 25-3-1 application 25-2-52 special districts 25-3-2 grounds 25-2-51 establishment 25-3-3 SUPP. 16 (7-2024) I-72 ZONING establishment of building lines, V, resort-hotel districts 25-5-90 width lines, and plan lines for Zone maps future streets Haina-Honoka‘a-Kukuihaele generally 25-3-4 map 7.13 legal effect 25-3-8 section 25-8-17 Zoning districts, specific Hakalau- A, agricultural districts 25-5-70 map 7.32 APD, agricultural project districts section 25-8-36 25-6-50 Hala‘ula-Niuli‘i CDH, downtown Hilo commercial section 25-8-10 district 25-7-20 CG, general commercial districts map 7.11 25-5-110 section 25-8-15 CN, neighborhood commercial districts 25-5-100 Map 7.12 CV, village commercial districts section 25-8-16 25-5-120 Hw-Kapa‘au FA, family agricultural districts section 25-8-9 25-5-60 Hilo, city of, zone IA, intensive agricultural districts map 7.29 25-5-80 section 25-8-33 Kailua Village 25-7-1 Kailua urban MCX, industrial-commercial mixed map 7.04 districts 25-5-130 section 25-8-5 MG, general industrial districts Kailua-Honalo urban 25-5-150 map 7.05 ML, limited industrial districts section 25-8-6 25-5-140 Kalapana-Kaim zone map O, open districts 25-5-160 map 7.23 PD, project districts 25-6-40 section 25-8-27 25-7-40 map 7.24 RA, residential and agricultural section 25-8-28 districts 25-5-50 Kawaihae-Puak zone map RCX, residential-commercial mixed section 25-8-12 use districts 25-5-40 Kea‘au zone map RD, double-family residential map 7.21 districts 25-5-20 section 25-8-25 RM, multiple-family residential Kurtistown zone map districts 25-5-30 map 7.20 RS, single-family residential districts section 25-8-24 25-5-1 Llmilo-Pu‘ukapu zone map Special districts, designated 25-3-2 section 25-8-11 UNV, university districts 25-7-30 SUPP. 16 (7-2024) I-73 ZONING - South Kona map 7.17 map 7.03 section 25-8-21 section 25-8-4 ‘Upolu Point-Ka‘auhuhu homesteads map 7.26 section 25-8-8 section 25-8-30 Waikoloa Village North Hilo section 25-8-14 map 7.15 section 25-8-19 map 7.27 North Kona section 25-8-31 map 7.02 Volcano-Mt. View section 25-8-3 map 7.19 North, South Kohala section 25-8-23 section 25-8-7 North, South Kona map 7.01 section 25-8-2 map 7.16 section 25-8-20 Pa‘auilo-Kka‘iau map 7.14 section 25-8-18 map 7.25 section 25-8-29 map 7.22 section 25-8-26 -Onomea map 7.30 section 25-8-34 map 7.31 section 25-8-35 Puak-‘Anaeho‘omalu section 25-8-13 Puna district map 7.18 section 25-8-22 South Hilo district map 7.28 section 25-8-32 SUPP. 16 (7-2024) I-74 T-1 SUPP. 13 (1-2023) SUPP. 13 (1-2023) T-2 T-3 SUPP. 15 (1-2024) SUPP. 13 (1-2023) T-4 T-5 SUPP. 13 (1-2023) 2022 2021 2020 2019 98A - 2018 18 2017 2016 2015 s Special TITLE District DistrictsDistrictsDistrict Business Facilities Boundary Enterprise Procedures CHAPTER Community Agreements Amendment Redistricting Financing by DevelopmentDevelopment Public Access Improvement Improvement Zone Program Tax Increment Water Use and State Land Use 282930313233343536 NO. CHAPTER SUPP. 12 (7-2022) T-6 2030 2029 2028 2027 2026 25) - 23 - 1A - 2025 24(Eff: 1 ,) 4 , -24) 2 - 311 - 8A52A 7-26A46A 7 45A 7-5-24)17A --- --- 2024 2424(Eff: 2424(Eff: 24(Eff: 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. 16 (7-2024) T-6.1 2030 2029 2028 2027 2026 25) - 23 - 1A - 2025 24(Eff: 1 -24) A 12 51A18A16A3A23 7- ----- 2024 24(Eff: 24242424 , 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. 16 (7-2024) T-6.2 2030 2029 2028 2027 2026 2025 ,, , , , A 2854A65A4A15A20A30A ----- -- 2024 ntentionally left blank. I 232323 24242424 , 55A,59A,60A58A98A, 99A -- ---- 2023 232323 2323 23 Taxes Public Traffic Traffic Sewers TITLE Schedules Integrated CHAPTER Solid Waste SubdivisionsVehicles and Management Real Property County Streets Transportation 1819202122232424 NO. CHAPTER SUPP. 16 (7-2024) T-6.3 2030 2029 2028 2027 2026 2025 35A,36A,37A,38A ---- 2024 ntentionally left blank. I 24242424 , , , , , , , 38A2A23A34A52A57A69A96A,97A105A8R 2023------- ---- 232323232323232323 2323 Zoning TITLE Reserved CHAPTER Flood Control Zoning Annex 25252627 NO. CHAPTER SUPP. 16 (7-2024) T-6.4 2030 2029 2028 2027 2026 2025 8A - 2024 24 56C - 2023 23 s esilience Special TITLE District Climate, DistrictsDistrictsDistrictquity, and Business Facilities Boundary R Enterprise Procedures E CHAPTER Community Agreementsustainability, Amendment Redistricting Financing by DevelopmentDevelopment Public Access Improvement Improvement Zone Program Tax Increment S Water Use and State Land Use 28293031323334353637 NO. CHAPTER SUPP. 16 (7-2024) T-6.5 This page intentionally left blank. SUPP. 14 (7-2023) T-6.6 ORDINANCE TABLE The following table includes ordinances with effective dates in 2015 and later. The table includes: ordinance number, effective date, a brief description of the subject of the ordinance, and the code section affected. Ordinances not codified are also listed. Ordinances dating back to 1992 are available on the online version of the code at: http://www.hawaiicounty.gov/lb-countycode/. ZA = Zoning Annex (codified in an appendix) SLUB = State Land Use District Boundary amendment (not codified) GP = General Plan amendment (not codified) -- = not codified 2015 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 15-1 01-09-15 ZA 15-2 01-09-15 City of Hilo Zone Map ZA 15-3 01-09-15 Traffic Schedules 24-279 15-4 01-09-15 Traffic Schedules 24-275 15-5 01-09-15 Traffic Schedules 24-287 15-6 01-09-15 Traffic Schedules 24-288 15-7 01-09-15 Traffic Schedules 24-288 15-8 01-09-15 Traffic Schedules 24-288.1 15-9 01-09-15 Operating budget -- 15-10 01-09-15 Operating budget -- 15-11 01-09-15 Extends prohibition on smoking in 14-20 to 14-23 certain places to include electronic smoking devices 15-12 01-28-15 Operating budget -- 15-13 01-28-15 Capital improvements budget -- 15-14 01-28-15 Traffic Schedules 24-280 15-15 01-28-15 Capital improvements budget -- 15-16 01-28-15 Operating budget -- 15-17 02-12-15 Capital improvements budget -- 15-18 02-12-15 General obligation bonds ($20,000,000 -- - Lower Puna Lava Response public improvements projects and highway road construction/repair projects) 15-19 02-26-15 Application for subdivision - 23-58, 23-68 submission of the preliminary and final plats 15-20 02-26-15 Traffic Schedules 24-254 T-7 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 15-21 02-26-15 Traffic Schedules 24-255 15-22 02-26-15 Traffic Schedules 24-275.1 15-23 02-26-15 Capital improvements budget -- 15-24 02-26-15 Capital improvements budget -- 15-25 02-26-15 Capital improvements budget -- 15-26 02-26-15 Capital improvements budget -- 15-27 02-26-15 Operating budget -- 15-28 02-26-15 Traffic Schedules 24-257 15-29 02-26-15 Operating budget -- 15-30 03-05-15 Capital improvements budget -- 15-31 03-05-15 Operating budget -- 15-32 03-05-15 Operating budget -- 15-33 03-23-15 Planned unit development 25-5-8, 25-5-27, 25-5-38, 25-5-49, 25-5-57, 25-5-67, 25-5-77, 25-5-87, 25-5-98, 25-5-108, 25-5-118, 25-5- 128, 25-5-138, 25- 5-147, 25-5-157, 25-6-1, 25-6-3 to 25-6-6, 25 6-10, 25-6-12, 25-6-14, 25-6-15 15-34 03-23-15 City of Hilo Zone Map ZA 15-35 03-23-15 North Kona Zone Map ZA 15-36 03-23-15 Capital improvements budget -- 15-37 04-24-15 -Pu‘ukapu Zone MapZA 15-38 04-24-15 Operating budget -- 15-39 04-24-15 Capital improvements budget -- 15-40 04-24-15 Capital improvements budget -- 15-41 05-04-15 City of Hilo Zone Map ZA 15-42 05-04-15 Operating budget -- 15-43 05-04-15 Operating budget -- 15-44 05-28-15 25-3-2, 25-4-59.2, district 25-7-40 to 25-7-42 15-45 05-28-15 Review of development projects within 25-2-71, 25-2-73, a special district 25-2-76, 25-2-77, 25-6-3, 25-6-7, 25-6-10 15-46 05-28-15 District sign 3-18, 3-79 to 3-87, regulations3-90 to 3-94 T-8 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 15-47 05-28-15 Operating budget -- 15-48 05-28-15 Operating budget -- 15-49 05-28-15 Operating budget -- 15-50 06-12-15 City of Hilo Zone Map ZA 15-51 06-12-15 Soliciting for money or objects of value 14-74, 14-75 15-52 06-12-15 Soliciting for money or objects of value 15-9, 15-20, 15- in County parks and recreational areas21, 15-35, 15-37 15-53 06-12-15 Operating budget -- 15-54 06-12-15 Operating budget -- 15-5506-12-15Operating budget-- 15-56 06-12-15 Operating budget -- 15-57 07-01-15 Operating budget FY 2015-2016 -- 15-58 07-01-15 Capital improvements budget FY -- 2015-2016 15-59 07-01-15 Salary Ordinance of 2015-- 15-60 06-19-15 Namesbeach park at Kohanaiki, 15-68.1 “Kohanaiki Beach Park” 15-61 06-19-15 Operating budget -- 15-62 06-19-15 Operating budget -- 15-63 06-23-15 Operating budget -- 15-64 06-23-15 Operating budget -- 15-65 07-01-15 Workforce Innovation and Opportunity 2-189 to 2-197 Act Program 15-66 06-23-15 Operating budget -- 15-67 06-29-15 Operating budget -- 15-68 06-29-15 General obligation bonds ($99,750,000 -- – Various public improvement projects) 15-69 06-29-15 Operating budget -- 15-70 07-20-15 Neighborhood watch signs 14-66 to 14-69 15-7107-20-15SLUB (Ouli, Waimea, South Kohala)SLUB 15-72 07-20-15 North & South Kohala District Zone ZA Map 15-73 08-24-15 Capital improvements budget -- 15-74 08-28-15 Operating budget -- 15-75 08-28-15 Operating budget -- 15-76 08-28-15 Operating budget -- 15-77 08-28-15 Operating budget -- 15-78 08-28-15 Capital improvements budget -- 15-79 09-04-15 Capital improvements budget -- 15-80 09-04-15 Operating budget -- 15-81 -- Charter amendment (County Bands) -- 15-82 09-25-15 General Plan, LUPAG map-- T-9 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 15-83 09-25-15 Operating budget -- 15-84 09-25-15 Operating budget -- 15-85 09-25-15 Operating budget -- 15-86 10-01-15 Operating budget -- 15-87 10-01-15 Capital improvements budget -- 15-88 10-19-15 Capital improvements budget -- 15-89 10-26-15 Traffic Schedules 24-280 15-90 10-26-15 Traffic Schedules 24-279 15-91 10-26-15 Traffic Schedules 24-288.1 15-92 10-26-15 Traffic Schedules 24-280 15-93 10-26-15 Operating budget -- 15-94 10-26-15 Capital improvements budget -- 15-95 11-10-15 Travel and other expenses 2-98 15-96 11-10-15 City of Hilo Zone Map ZA 15-97 11-10-15 Public access, open space, and natural 2-214, 2-214.1, resources preservation fund 2-214.2 (new section), 2-217, 2-218 15-98 11-10-15 Operating budget -- 15-99 11-10-15 Operating budget -- 15-100 11-10-15 Operating budget -- 15-101 11-10-15 Operating budget -- 15-102 11-10-15 Capital improvements budget -- 15-103 07-01-16 Code of ethics 2-82 to 2-85 15-104 11-20-15 North Kona Zone Map ZA 15-105 11-20-15 North and South Kona Zone Map ZA 15-106 11-20-15 City of Hilo Zone Map ZA 15-107 11-20-15 Traffic Schedules 24-280 15-10811-20-15Traffic Schedules24-255, 24-257 15-109 11-20-15 Operating budget -- 15-110 11-20-15 Operating budget -- 15-111 11-20-15 Operating budget -- 15-112 11-20-15 Traffic Schedules 24-280 15-113 12-02-15 Capital improvements budget -- 15-114 12-09-15 Managing the trucking of refuse20-50, 20-52 15-115 12-09-15 Operating budget -- 15-116 12-22-15 North Kona Zone Map ZA 15-117 12-22-15 City of Hilo Zone Map ZA 15-118 12-22-15 City of Hilo Zone Map ZA 15-119 12-22-15 Operating budget -- 15-120 12-22-15 Operating budget -- T-10 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 15-121 12-28-15 General Obligation Refunding Bonds -- (Not to exceed $270,230,000 – Refinancing outstanding County debt) 2016 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 16-1 01-06-16 Traffic Schedules 24-280 16-2 01-06-16 Operating budget -- 16-3 02-11-16 Capital improvements budget -- 16-402-11-16Capital improvements budget-- 16-5 02-11-16 Operating budget -- 16-6 02-22-16 Traffic Schedules 24-284 16-7 02-12-16 Capital improvements budget -- 16-8 02-22-16 Capital improvements budget -- 16-9 02-22-16 SLUB (Pana‘ewa House Lots 2nd SLUB Series, South Hilo) 16-10 02-22-16 City of Hilo Zone Map ZA 16-11 02-22-16 Operating budget -- 16-12 02-22-16 Operating budget -- 16-13 02-22-16 Capital improvements budget -- 16-14 02-22-16 State Water Pollution Control -- Revolving Loan Fund (Kealakehe Wastewater Treatment Plant Aeration Upgrade and Sludge Removal - increases from $18,000,000 to $23,000,000) 16-15 02-12-16 Capital improvements budget -- 16-16 03-16-16 City of Hilo Zone Map ZA 16-1703-16-16SLUB (SLUB Kohala) 16-18 03-16-16 North and South Kohala District Zone ZA Map 16-19 03-16-16 Operating budget -- 16-20 03-16-16 Operating budget -- 16-21 04-06-16 Capital improvements budget -- 16-22 04-06-16 Operating budget -- 16-23 04-06-16 Operating budget -- 16-24 04-06-16 Operating budget -- T-11 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 16-25 04-22-16 Traffic Schedules 24-280 16-26 04-22-16 Operating budget -- 16-27 04-22-16 Operating budget -- 16-28 04-22-16 Capital improvements budget -- 16-29 04-22-16 General Obligation Refunding Bonds -- (Not to exceed $6,000,000 – Kealakehe Scrap Metal Yard remediation) 16-30 04-22-16 Operating budget -- 16-31 04-22-16 Operating budget -- 16-32 04-22-16 Operating budget -- 16-3304-22-16Operating budget-- 16-3405-04-16City of Hilo Zone MapZA 16-35 05-04-16 Operating budget -- 16-36 05-04-16 Operating budget -- 16-37 05-04-16 Operating budget -- 16-38 05-04-16 Operating budget -- 16-39 05-04-16 Operating budget -- 16-40 05-04-16 Operating budget -- 16-41 05-04-16 Operating budget -- 16-42 05-04-16 Operating budget -- 16-43 05-04-16 Capital improvements budget -- 16-44 05-04-16 Operating budget -- 16-45 05-23-16 City of Hilo Zone Map ZA 16-46 05-23-16 North Kona Zone Map ZA 16-47 05-23-16 SLUB (Kea‘au, Puna) SLUB 16-48 05-23-16 Puna District Zone Map ZA 16-49 05-23-16 City of Hilo Zone Map ZA 16-50 05-23-16 City of Hilo Zone Map ZA 16-51 05-23-16 Traffic Schedules 24-256 16-52 05-23-16 Traffic Schedules 24-260 16-53 05-23-16 Traffic Schedules 24-257 16-54 05-23-16 Operating budget -- 16-55 05-23-16 Operating budget -- 16-56 05-23-16 Operating budget -- 16-57 05-23-16 Operating budget -- 16-58 05-23-16 Operating budget -- 16-59 05-23-16 Operating budget -- 16-60 05-23-16 Operating budget -- 16-61 05-23-16 Operating budget -- 16-62 -- Charter amendment (General plan)-- 16-63 06-13-16 Traffic Schedules 24-298, 24-300 16-64 06-13-16 Traffic Schedules 24-255, 24-257 T-12 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 16-65 07-01-16 Salary Ordinance of 2016-- 16-66 06-13-16 General Obligation Bonds ($10,600,000 -- – Various public improvement projects) 16-6706-13-16Capital improvements budget-- 16-68 06-13-16 Operating budget -- 16-69 06-13-16 Operating budget -- 16-70 06-13-16 General Obligation Bonds (Not to -- exceed $68,000,000 – Wastewater public improvements) 16-71 06-13-16 Operating budget -- 16-72 07-01-16 Operating budget FY 2016-2017 -- 16-73 07-01-16 Capital improvements budget -- FY 2016-2017 16-74 06-21-16 Traffic Schedules 24-288 16-75 07-31-16 Consumption of intoxicating liquors at 14-2, 14-2.1 parks 16-76 06-21-16 Capital improvements budget -- 16-77 07-05-16 Community Development Plan Action 16-5 Committee Membership and Tenure 16-78 07-05-16 Traffic Schedules 24-280 16-79 07-25-16 North and South Kona Zone Map ZA 16-80 07-25-16 Kailua Urban Zone Map ZA 16-81 08-18-16 ZA 16-82 08-18-16 ZA 16-83 08-18-16 Traffic Schedules 24-265 16-84 08-18-16 City of Hilo Zone Map ZA 16-85 08-18-16 City of Hilo Zone Map ZA 16-86 08-18-16 North Kona Zone Map ZA 16-8708-18-16City of Hilo Zone MapZA 16-88 08-18-16 Capital improvements budget -- 16-89 -- Charter amendment (County bands) -- 16-90 09-06-16 Operating budget -- 16-91 09-06-16 Operating budget -- 16-92 09-26-16 Capital improvements budget -- 16-93 09-26-16 Operating budget -- 16-94 09-26-16 Operating budget -- 16-95 10-11-16 Establishes paratransit service fares 18-90 16-96 10-11-16 Operating budget -- 16-97 10-11-16 Operating budget -- 16-98 10-24-16 Parking for persons with disabilities 25-4-55 16-99 10-24-16 North and South Kona Zone Map ZA 16-100 10-24-16 Operating budget -- SUPP. 1 (1-2017) T-13 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 16-101 10-24-16 Operating budget -- 16-102 10-24-16 Operating budget -- 16-103 10-24-16 Operating budget -- 16-104 11-04-16 Traffic Schedules 24-281 16-105 11-04-16 Operating budget -- 16-106 11-04-16 Capital improvements budget -- 16-107 11-16-16 Fireworks Code – repeals from chapter Chapter 14, 14, article 5 and adds in new article to article 5 chapter 26 (repealed), Fireworks Code – renumbers and adds Chapter 26 new fireworks article 16-108 12-05-16 Hele-o complementary 18-93 to 18-97 paratransit service (new division) 16-109 12-05-16 Operating budget -- 16-110 12-05-16 Operating budget -- 16-111 12-05-16 Ren15-68.1 Laurence J. Capellas 16-112 12-05-16 15-68.1 Shelter in honor of Representative Robert N. Herkes 16-113 12-05-16 Names the soccer fields at Herbert 15-68.1 Shipman Park in honor of Justin Masayoshi “Buddy” Perry 16-114 12-05-16 Creates exception to street name 14-86 criteria ili Street in Leilani Estates, Puna, to be renamed Maile Street 2017 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 17-1 01-05-17 Capital improvements budget -- 17-2 01-05-17 Capital improvements budget -- 17-3 01-05-17 Operating budget -- 17-4 01-05-17 Capital improvements budget -- 17-5 01-20-17 Capital improvements budget -- 17-6 01-20-17 ZA 17-7 01-20-17 City of Hilo Zone Map ZA 17-8 01-20-17 City of Hilo Zone Map ZA 17-9 01-20-17 City of Hilo Zone Map ZA SUPP. 2 (7-2017) T-14 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 17-10 01-20-17 Traffic Schedules 24-257 17-11 01-20-17 Traffic Schedules 24-260 17-12 01-20-17 Operating budget -- 17-13 02-07-17 Operating budget -- 17-14 02-17-17 City of Hilo Zone Map ZA 17-15 02-17-17 SLUB 17-16 02-17-17 Zone MapZA 17-17 03-06-17 Capital improvements budget -- 17-18 03-06-17 Capital improvements budget -- 17-19 03-06-17 Amends Ord. No. 12-129. -- State Water Pollution Control Revolving Fund Loan & General Obligation Bond ($11,322,000 – Wastewater public improvement projects) 17-20 04-04-17 Operating budget -- 17-21 04-04-17 Operating budget -- 17-22 04-04-17 Operating budget -- 17-23 04-04-17 Capital improvements budget -- 17-24 04-20-17 City of Hilo Zone Map ZA 17-25 04-20-17 Operating budget -- 17-26 04-20-17 Operating budget -- 17-27 05-01-17 Traffic Schedules 24-280 17-28 05-01-17 Traffic Schedules 24-281 17-29 05-01-17 Operating budget -- 17-30 05-01-17 General Obligation Bond ($4,105,000 – -- transite and G.I. pipeline replacement) 17-31 05-15-17 Establishes number of required 25-4-51 parking spaces for dwelling or lodging units occupied for less than 180 days 17-32 05-15-17 -‘Anaeho‘omalu Zone Map ZA 17-33 05-15-17 Operating budget -- 17-34 05-15-17 Operating budget -- 17-35 05-15-17 Operating budget -- 17-36 07-01-17 Salary Ordinance of 2017-- 17-37 05-31-17 Operating budget -- 17-38 05-31-17 Operating budget -- 17-39 07-01-17 Operating budget FY 2017-2018 -- 17-40 07-01-17 Capital improvements budget -- FY 2017-2018 SUPP. 2 (7-2017) T-15 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 17-41 06-09-17 Minimum tax 19-90 17-42 06-21-17 Temporary contract positions; 2-12.5 notification to the council 17-4306-21-17Operating budget-- 17-44 06-21-17 Capital improvements budget -- 17-45 06-30-17 Operating budget -- 17-46 06-30-17 Operating budget -- 17-47 06-30-17 Operating budget -- 17-48 07-05-17 General Obligation Bond ($20,000,000 -- – South Hilo Sanitary Landfill final closure project) 17-49 07-05-17 Operating budget -- 17-50 07-18-17 -Pu‘ukapu Zone MapZA 17-51 07-28-17 Traffic Schedules 24-280 17-52 07-28-17 Traffic Schedules 24-280 17-53 07-28-17 Operating budget -- 17-54 08-14-17 Farmers markets15-72, 15-73 17-55 08-14-17 Prohibits intoxicating liquors at James 14-1, 14-2.2 Kealoha Beach Park and Kahakai Park 17-56 08-14-17 National Flood Insurance Program 5-19, 5-19.1, 27-5, regulations 27-12, 27-14, 27-16, 27-17, 27-23 17-57 09-22-17 Veterans advisory committee 15-61, 15-62 17-58 09-22-17 Operating budget -- 17-59 09-22-17 Capital improvements budget -- 17-60 09-22-17 Traffic Schedules 24-255, 24-257 17-61 09-22-17 Names baseball diamond and football 15-68.1 field at Kamehameha Park “Shiro Takata Field” 17-62 09-22-17 Capital improvements budget -- 17-63 09-29-17 Polystyrene foam “Styrofoam” food 20-60 to 20-70 containers and food service ware reduction 17-64 09-29-17 Kea‘au, Puna SLUB 17-65 09-29-17 Puna District Zone Map ZA 17-66 10-17-17 lan16-2 17-67 10-17-17 Operating budget -- 17-68 10-17-17 Capital improvements budget -- 17-69 10-17-17 Operating budget -- 17-70 11-01-17 City of Hilo Zone Map ZA SUPP. 3 (1-2018) T-16 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 17-71 11-17-17 Operating budget -- 17-72 11-17-17 Operating budget -- 17-73 11-21-17 General Obligation Bond ($2,437,000 – -- Lono Kona subdivision public sewer system) 17-7411-29-17City of Hilo Zone MapZA 17-75 11-29-17 Capital improvements budget -- 17-76 11-30-17 Capital improvements budget -- 17-77 11-29-17 Operating budget -- 17-78 11-29-17 Operating budget -- 17-7912-18-17Capital improvements budget-- 17-8012-18-17Capital improvements budget-- 17-81 12-18-17 Capital improvements budget -- 2018 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 18-1 01-04-18 -Pu‘ukapu Zone MapZA 18-2 01-11-18 15-68.1 Neigh “Ginny Aste Skate Park” 18-3 01-11-18 Operating budget -- 18-4 01-16-18 Traffic Schedules 24-267 18-5 07-01-18 Solid waste fees 20-46 to 20-49 18-6 01-16-18 General obligation bonds ($14,500,000 -- – Prosecuting Attorney Office, West Hawai‘i Civic Center) 18-7 01-16-18 Operating budget -- 18-801-16-18Operating budget-- 18-901-16-18Operating budget-- 18-10 02-05-18 Operating budget -- 18-11 02-05-18 Operating budget -- 18-12 02-20-18 Relates to criteria to determine a pre-23-118 existing lot 18-13 02-20-18 Operating budget -- 18-14 02-20-18 Operating budget -- 18-15 03-06-18 Reestablishes the fire board of appeals 26-3-1 to 26-3-7 (new article) 18-16 03-06-18 SLUB 18-17 03-06-18 Operating budget -- SUPP. 4 (7-2018) T-17 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 18-18 03-06-18 Operating budget -- 18-19 04-02-18 Traffic Schedules 24-279 18-20 05-16-18 Namesa building at the Ho‘olulu 15-68.1 Complex “Aunty Dottie Thompson Hale” 18-2104-02-18Names lower ballfield at Honoka‘a 15-68.1 Park “Lala Epenesa, Jr. Ballfield” 18-22 04-02-18 sit 15-68.1 & 15-72 to the farmers market facility schedule 18-23 04-02-18 Capital improvements budget -- 18-24 04-02-18 Operating budget -- 18-25 04-12-18 Relates to floodplain management 2-40 & 27-16 18-26 04-12-18 Operating budget -- 18-27 04-12-18 Operating budget -- 18-28 04-12-18 Capital improvements budget -- 18-29 04-12-18 Operating budget -- 18-30 11-06-18 Charter amendment – compensation; -- salary commission 18-31 04-24-18 City of Hilo Zone Map ZA 18-32 07-01-19 Commercial sponsorship of County (new article) assets 18-33 04-24-18 Operating budget -- 18-34 04-24-18 Creates additional funding sources for 2-194 the County Workforce Innovation and Opportunity Act Program 18-35 04-24-18 Operating budget -- 18-36 04-24-18 Capital improvements budget -- 18-37 05-07-18 Traffic Schedules 24-279 18-38 05-07-18 Traffic Schedules 24-257 18-3905-07-18Traffic Schedules24-260 18-40 05-07-18 Operating budget -- 18-41 05-07-18 Operating budget -- 18-42 05-07-18 Operating budget -- 18-43 05-07-18 Operating budget -- 18-44 05-22-18 Names the County park within Ali‘i 15-68.1 Kai subdivision, the “Ali‘i Kai Park” 18-45 05-22-18 Traffic Schedules 24-275 18-46 05-22-18 Operating budget -- 18-47 05-22-18 Operating budget -- 18-48 05-22-18 Operating budget -- 18-49 05-22-18 Operating budget -- 18-50 05-22-18 Operating budget -- SUPP. 5 (1-2019) T-18 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 18-51 05-25-18 General Obligation Bond ($10,200,000 -- – Six-year CIP FY 2017-18 per Ord. No. 17-40) 18-52 05-25-18 Capital improvements budget -- 18-5307-01-18Salary Ordinance of 2018-- 18-5406-04-18Operating budget-- 18-55 06-04-18 Operating budget -- 18-56 06-04-18 Adds Mo‘oheau Park to the farmers 15-72 market facility schedule 18-57 06-04-18 Operating budget -- 18-58 06-04-18 Operating budget -- 18-59 06-04-18 Operating budget -- 18-60 06-04-18 General Obligation Bond ($30,500,000 -- – Six-year CIP FY 2017-18 per Ord. No. 17-40) 18-61 06-19-18 Names former site of Pu‘u Maile 15-68.1, 14-1 Hospital "Lehia Beach Park" and prohibits intoxicating liquors at the park 18-62 06-19-18 Operating budget -- 18-63 06-19-18 Operating budget -- 18-64 06-19-18 Capital improvements budget -- 18-65 06-19-18 Operating budget -- 18-66 06-19-18 Operating budget -- 18-67 06-19-18 Capital improvements budget -- 18-68 07-01-18 Operating budget -- FY 2018-2019 18-69 07-01-18 Capital improvements budget -- FY 2018-2019 18-7006-25-18Operating budget-- 18-7106-25-18Operating budget-- 18-72 06-25-18 Operating budget -- 18-73 06-25-18 Operating budget -- 18-74 06-29-18 Establishes .25% general excise and 2-233 to 2-236 use tax surcharge and creates General (new article) Excise Tax Fund 18-75 07-03-18 City of Hilo Zone Map ZA 18-76 11-06-18 Charter amendment (Fiscal impact -- statement) 18-77 08-10-18 Operating budget -- 18-78 08-22-18 evelopment 16-2 Plan SUPP. 5 (1-2019) T-19 ORD. EFFECTIVE DESCRIPTIONCODE NO.DATESECTION 18-79 09-04-18 General Obligation Bond ($3,699,000 – -- Lono Kona subdivision public sewer system) 18-80 09-04-18 Capital improvements budget -- 18-8109-04-18Capital improvements budget-- 18-8209-05-18Disposition ofabandoned or derelict 20-31, 20-38 vehicles 18-83 09-05-18 Names the park located on 15-68.1 Peninsula, at the mouth of Wailoa River, “Happiness Gardens” 18-84 09-05-18 Operating budget -- 18-8509-05-18Operating budget-- 18-86 09-05-18 Operating budget -- 18-87 09-12-18 Operating budget -- 18-88 07-01-19 Real property tax exemptions for 19-73, 19-75 disabled or unemployable veterans 18-89 09-19-18 Operating budget -- 18-90 09-19-18 Operating budget -- 18-91 09-19-18 Operating budget -- 18-92 09-19-18 Traffic Schedules 24-264 18-93 09-19-18 Operating budget -- 18-94 10-01-18 Operating budget -- 18-95 10-01-18 North Hilo District Zone MapZA 18-96 10-01-18 City of Hilo Zone Map ZA 18-97 10-01-18 City of Hilo Zone Map ZA 18-98 10-17-18 Redistricting, maximum council 36-1, 36-6, 36-8, district deviation 36-9 18-99 10-17-18 Operating budget -- 18-100 10-17-18 Operating budget -- 18-101 10-17-18 Improvement district no. 20 – Lono -- Kona subdivision public sewer system 18-102 10-17-18 Operating budget -- 18-103 10-26-18 Operating budget -- 18-104 10-26-18 Operating budget -- 18-105 10-26-18 Operating budget -- 18-106 10-26-18 Operating budget -- 18-107 10-26-18 Operating budget -- 18-108 10-26-18 Operating budget -- 18-109 10-26-18 Operating budget -- 18-110 11-20-18 SLUB 18-111 11-20-18 Operating budget -- SUPP. 5 (1-2019) T-20 ORD. EFFECTIVE DESCRIPTIONCODE NO.DATESECTION 18-112 11-20-18 Operating budget -- 18-113 11-20-18 Operating budget -- 18-114 04-01-19 Short-Term Vacation Rentals25-1-5, 25-2-30, 25-4-16, 25-4-16.1 to 25-4-16.3, 25-5- 3, 25-5-22, 25-5- 32, 25-5-42, 25-5- 92, 25-5-102, 25- 5-112, 25-5-122 18-115 12-05-18 North Kona Zone Map ZA 18-116 12-05-18 Capital improvements budget -- 18-117 12-05-18 Capital improvements budget -- 18-118 12-05-18 Operating budget -- 18-119 12-05-18 Operating budget -- 2019 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 19-1 01-07-19 City of Hilo Zone Map ZA 19-2 01-07-19 Operating budget -- 19-3 01-07-19 Veterans Advisory Committee,power 15-64 and duties. 19-4 01-25-19 North Kona District Zone MapZA 19-5 01-25-19 Operating budget -- 19-6 01-25-19 Operating budget -- 19-7 01-25-19 Capital improvements budget -- 19-8 01-30-19 Operating budget -- 19-9 02-01-19 Capital improvements budget -- 19-10 02-01-19 Capital improvements budget -- 19-11 02-01-19 Operating budget -- 19-12 02-20-19 North Kona District Zone MapZA 19-13 02-20-19 Operating budget -- 19-14 02-20-19 Operating budget -- 19-15 02-20-19 Capital improvements budget -- 19-16 02-20-19 City of Hilo Zone Map ZA 19-17 02-20-19 City of Hilo Zone Map ZA 19-18 02-20-19 Capital improvements budget -- 19-19 02-20-19 Operating budget -- 19-20 02-20-19 Operating budget -- SUPP. 6 (7-2019) T-21 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 19-21 04-01-19 Wastewater service charge rates 21-36.1 19-22 03-05-19 Operating budget -- 19-23 03-05-19 General Obligation Bond ($1,500,000 – -- Lanihau wastewater pump station force main replacement) 19-2403-05-19Capital improvements budget-- 19-25 03-05-19 Operating budget -- 19-26 03-25-19 City of Hilo Zone Map ZA 19-27 03-25-19 City of Hilo Zone Map ZA 19-28 03-25-19 City of Hilo Zone Map ZA 19-2903-25-19Increasesthe County general excise 2-233 to 2-236 and use tax surcharge rate 19-30 03-25-19 Operating budget -- 19-31 03-25-19 Operating budget -- 19-32 03-25-19 Operating budget -- 19-33 03-25-19 Operating budget -- 19-34 04-08-19 City of Hilo Zone Map ZA 19-35 04-08-19 Operating budget -- 19-36 04-08-19 Operating budget -- 19-37 04-08-19 Operating budget -- 19-38 04-25-19 North Kona Zone Map ZA 19-39 04-25-19 City of Hilo Zone Map ZA 19-40 04-25-19 Capital improvements budget -- 19-41 04-25-19 Traffic Schedules 24-257 19-42 04-25-19 Traffic Schedules 24-256 19-43 04-25-19 Names park at Waikoloa, South 14-1, 15-68.1 Kohala, “Kamakoa Nui Park” and prohibits intoxicating liquors at this park 19-44 04-25-19 Operating budget -- 19-45 04-25-19 Capital improvements budget -- 19-46 04-25-19 General Obligation Bond (Amends Ord -- 17-48 bond amount to $24,000,000 - South Hilo Sanitary Landfill final closure project) 19-47 04-25-19 Capital improvements budget -- 19-48 04-25-19 Operating budget -- 19-49 04-25-19 Capital improvements budget -- 19-50 04-30-19 Operating budget -- 19-51 05-07-19 North Kona Zone Map ZA 19-52 05-07-19 Operating budget -- 19-53 05-07-19 Capital improvements budget -- SUPP. 6 (7-2019) T-22 ORD. EFFECTIVE DESCRIPTIONCODE NO.DATESECTION 19-54 05-07-19 General Obligation Bond (Amends Ord -- 16-29 bond amount to $10,000,000 - Kealakehe Scrap Metal Yard Remediation) 19-55 05-07-19 Capital improvements budget -- 19-56 05-07-19 Operating budget -- 19-5705-21-19North Kona Zone MapZA 19-58 05-21-19 City of Hilo Zone Map ZA 19-59 05-21-19 Operating budget -- 19-60 05-21-19 Operating budget -- 19-61 05-21-19 Operating budget -- 19-62 05-21-19 Operating budget -- 19-63 05-21-19 Operating budget -- 19-64 05-21-19 Operating budget -- 19-65 05-22-19 Operating budget -- 19-66 05-22-19 Capital improvements budget -- 19-67 06-04-19 -Pu‘ukapuZone MapZA 19-68 07-01-19 Salary Ordinance of 2019-- 19-69 06-04-19 Operating budget -- 19-70 06-04-19 Operating budget -- 19-71 06-04-19 Operating budget -- 19-72 06-04-19 Operating budget -- 19-73 07-01-19 Operating budget FY 2019-2020 -- 19-74 07-01-19 Capital improvements budget FY -- 2019-2020 19-75 07-01-19 Procedure for awarding grants to 2-139 nonprofit organizations 19-76 06-17-19 Operating budget -- 19-77 06-17-19 Capital improvements budget -- 19-7806-17-19Operating budget-- 19-79 06-26-19 Operating budget -- 19-80 06-26-19 Operating budget -- 19-81 06-26-19 Operating budget -- 19-82 06-28-19 Operating budget -- 19-83 07-03-19 Amends Ord. No. 17-19. -- State Water Pollution Control Revolving Fund Loan & General Obligation Bond ($16,122,000 – Wastewater public improvement projects) 19-84 06-30-19 Operating budget -- SUPP. 6 (7-2019) T-23 ORD. EFFECTIVE DESCRIPTIONCODE NO.DATESECTION 19-85 07-19-19 Polystyrene foam food container and 20-60, 20-62, food service ware reduction 20-66 19-86 07-19-19 General Obligation Bond ($10,000,000 -- – Treatment and Disposal System and Drainage Pump Station and Force Main) 19-87 07-19-19 General Obligation Bond ($37,000,000 -- – Cesspool Conversion) 19-8808-08-19North Hilo District Zone MapZA 19-89 08-08-19 Capital improvements budget -- 19-90 08-21-19 City of Hilo Zone Map ZA 19-91 09-18-19 Kona Community Development Plan -- 19-92 09-18-19 City of Hilo Zone Map ZA 19-93 09-18-19 Operating budget -- 19-94 09-18-19 Operating budget -- 19-95 10-16-19 Amend definition of “Public Property” 20-31 19-96 10-16-19 Capital improvements budget -- 19-97 10-16-19 Operating budget -- 19-98 10-16-19 Operating budget -- 19-99 10-16-19 Amends Ord. No. 19-22(2018 Lava -- Disaster Relief Account) 19-100 10-30-19 General administration and zoning 25-2-61, 25-5-3, district regulations for indoor and 25-5-22, 25-5-32, major outdoor amusement and 25-5-102, 25-5- recreation facilities 142, 25-5-152 19-101 10-30-19 Capital improvements budget -- 19-102 10-30-19 Operating budget -- 19-103 10-30-19 Operating budget -- 19-104 10-30-19 Operating budget -- 19-105 11-21-19 Annual revenue report2-12.6 19-106 11-21-19 Operating budget -- 19-107 12-04-19 Capital improvements budget -- 19-108 12-04-19 Capital improvements budget -- 19-109 12-04-19 Capital improvements budget -- 19-110 12-04-19 Operating budget -- 19-111 12-04-19 Operating budget -- 19-112 12-17-19 Environmental management 2-207 commission SUPP. 7 (1-2020) T-24 ORD. EFFECTIVE DESCRIPTIONCODE NO.DATESECTION 19-113 12-17-19 City of Hilo Zone Map ZA 19-114 12-17-19 Operating budget -- 19-115 12-17-19 Operating budget -- 19-116 12-17-19 Operating budget -- 2020 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 20-1 01-03-20 Operating budget -- 20-2 01-03-20 Operating budget -- 20-3 01-03-20 Permitted uses in the “CN” district 25-5-102 20-4 01-03-20 Operating budget -- 20-5 01-22-20 Operating budget -- 20-6 01-22-20 Capital improvements budget -- 20-7 01-30-20 Proceedings for the formation of 12-1, 12-2, 12-16, improvement districts 12-18, 12-24, 12- 29, 12-53 20-8 02-04-20 Capital improvements budget -- 20-9 02-04-20 Capital improvements budget -- 20-10 02-04-20 Energy conservation 5-84, 5-85 20-11 02-04-20 Operating budget -- 20-12 02-04-20 Operating budget -- 20-13 02-04-20 Capital improvements budget -- 20-14 02-19-20 Operating budget -- 20-15 02-19-20 Capital improvements budget -- 20-16 03-04-20 Operating budget -- 20-1703-04-20Operating budget-- 20-18 03-24-20 Operating budget -- 20-19 06-01-20 Sign code variances3-3, 3-22, 3-23 20-20 03-24-20 Operating budget -- 20-21 04-06-20 Volcano-Mt. View Zoning Map ZA 20-22 04-06-20 Operating budget -- 20-23 04-06-20 Operating budget -- 20-24 04-06-20 Operating budget -- 20-25 04-20-20 North & South Kohala District Zone ZA Map 20-26 04-20-20 Department of Research and 2-37 Development's Sustainability Action Committee SUPP. 8 (7-2020) T-25 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 20-27 04-20-20 General Obligation Bond -- ($103,000,000 – Highway Phase III – Hina Lani Street to Kaiminani Drive; Puna Connectivity and Emergency Access Routes; Paniolo Avenue Rehabilitation/Waikoloa Intersection Construction; Kawili Street Shoulder Improvements; – Hohola Drive to Kekehau Street; Plumeria Street Rehabilitation; and 20-28 04-20-20 Appropriation of disaster relief funds 2-246 to 2-258 to eligible nonprofit organizations to (new article) provide relief, recovery, mitigation, and remediation assistance for disaster eruption 20-29 04-20-20 Operating budget -- 20-30 04-20-20 Capital improvements budget -- 20-31 05-01-20 Operating budget -- 20-32 05-01-20 Capital improvements budget -- 20-33 05-01-20 Operating budget -- 20-34 05-01-20 North & South Kona District Zone ZA Map 20-35 05-01-20 Operating budget -- 20-36 05-01-20 Operating budget -- 20-37 05-01-20 Operating budget -- 20-38 05-20-20 Operating budget -- 20-3905-21-20Create two tiers for the residential 19-46.1, 19-90 class and authorizes council to set tax rate for each tier 20-40 07-01-20 Salary Ordinance of 2020-- 20-41 05-28-20 North Kona Zone Map ZA 20-42 05-28-20 Operating budget -- 20-43 05-28-20 Operating budget -- 20-44 07-01-20 Capital improvements budget FY -- 2020-2021 20-45 07-01-20 Operating budget FY 2020-2021 -- 20-46 06-17-20 Traffic Schedules 24-281 20-47 06-17-20 Traffic Schedules 24-264 20-48 06-17-20 Operating budget -- SUPP. 8 (7-2020) T-26 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 20-49 06-17-20 Operating budget -- 20-50 06-17-20 Operating budget -- 20-51 06-17-20 Operating budget -- 20-52 06-26-20 Operating budget -- 20-53 06-30-20 Operating budget -- 20-54 06-30-20 Operating budget -- 20-55 06-30-20 Operating budget -- 20-56 06-30-20 Operating budget -- 20-57 06-30-20 Operating budget -- 20-58 07-15-20 Operating budget -- 20-59 08-05-20 Names park at Waimea, South Kohala, 14-1, 15-68.1 “Spencer Kalani Schutte District Park” and prohibits intoxicating liquors at this park 20-60 01-01-21 Native forest dedications 19-59 20-61 08-17-20 Establishes a County Construction 2-39, 3-14, 3-15, Code relating to building construction 25-1-5, 25-4-10, and related systems within a building 25-4-60, under construction. Repeals Chapters 5, 9, 17, & Adds New Chapters 5, 5A, 5D, 5E, 5F 20-62 08-17-20 Operating budget -- 20-63 09-02-20 City of Hilo Zone Map ZA 20-64 09-02-20 City of Hilo Zone Map ZA 20-65 09-15-20 North Kona Zone Map ZA 20-66 09-15-20 Operating budget -- 20-67 09-15-20 Operating budget -- 20-68 09-21-20 General Obligation Bonds - Refunding -- Certain Outstanding General Obligation Bonds and Notes 20-69 09-22-20 Operating budget -- 20-70 09-22-20 Operating budget -- 20-71 09-29-20 City of Hilo Zone Map ZA 20-72 09-29-20 Operating budget -- 20-73 09-29-20 Operating budget -- 20-74 10-20-20 Operating budget -- 20-75 10-20-20 Capital improvements budget -- 20-76 10-30-20 Operating budget -- 20-77 11-04-20 Capital improvements budget -- 20-78 11-04-20 Operating budget -- 20-79 01-02-21 Fiscal impact statements2-12.7 SUPP. 10 (7-2021) T-27 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 20-80 11-23-20 Operating budget -- 20-81 11-23-20 Operating budget -- 20-82 11-23-20 Operating budget -- 20-83 11-23-20 Operating budget -- 20-84 11-23-20 Capital improvements budget -- 20-85 11-23-20 Operating budget -- 20-86 11-23-20 Management of Solid Waste2-198, 2-201 to 2-205. Chapter 14: repeals Article 20 and adds new Articles 24 and 25. Repeals existing Chapter 20 and creates new Chapter 20. 20-87 11-23-20 Operating budget -- 20-88 11-23-20 Operating budget -- 20-89 11-23-20 Operating budget -- 20-90 11-23-20 Operating budget -- 20-91 11-23-20 Operating budget -- 20-92 11-23-20 Operating budget -- 20-93 11-23-20 Operating budget -- 20-94 12-01-20 Relating to primary airports25-1-5, 25-5-142, 25-5-152 20-95 12-01-20 Operating budget -- 20-96 12-01-20 Capital improvements budget -- 2021 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 21-1 01-08-21 North Kona Zone Map ZA 21-2 01-08-21 North Kona Zone Map ZA 21-3 01-08-21 Namesthe pavilion at Kukuihaele 15-68.1 Park, “Takashi “Taka” Domingo Pavilion” 21-4 01-08-21 Operating budget -- 21-5 01-21-21 Capital improvements budget -- 21-6 01-21-21 Capital improvements budget -- SUPP. 10 (7-2021) T-28 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 21-7 01-21-21 Operating budget -- 21-8 01-21-21 Operating budget -- 21-9 01-21-21 Operating budget -- 21-10 01-21-21 Operating budget -- 21-11 01-21-21 Operating budget -- 21-12 02-16-21 Capital improvements budget -- 21-13 02-16-21 Capital improvements budget -- 21-14 02-16-21 Operating budget -- 21-15 02-16-21 Operating budget -- 21-16 02-16-21 Operating budget -- 21-17 03-01-21 City of Hilo Zone Map ZA 21-18 03-01-21 Capital improvements budget -- 21-19 03-01-21 Capital improvements budget -- 21-20 03-01-21 Capital improvements budget -- 21-21 03-01-21 Operating budget -- 21-22 03-01-21 Operating budget -- 21-23 03-15-21 Operating budget -- 21-24 03-15-21 Relating to use permits25-2-64, 25-2-67 21-25 03-16-21 North Kona Zone Map ZA 21-26 03-16-21 Relating to definitions, use permit 25-1-5, 25-2-61, requirements, parking requirements, 25-4-51, 25-5-3, and zoning district regulations for 25-5-22, 25-5-32, medical clinics and massage, 25-5-52, 25-5-62, acupuncture, chiropractic, and other 25-5-72, 25-5-112, similar health service facilities 25-5-122, 25-7-22 21-27 03-31-21 North Kona Zone Map ZA 21-28 03-31-21 Operating budget -- 21-29 03-31-21 Operating budget -- 21-30 03-31-21 Capital improvements budget -- 21-3105-03-21Volcano-Mt. View ZoneMapZA 21-32 07-01-21 Relating to the nonspeculative 19-53, 19-58.1, residential use real property tax 19-58.2 dedication 21-33 05-17-21 Operating budget -- 21-34 05-17-21 Capital improvements budget -- 21-35 07-01-21 Salary Ordinance of 2021-- 21-36 06-04-21 Operating budget -- 21-37 06-09-21 Operating budget -- 21-38 07-01-21 Operating budget FY 2021-2022 -- 21-39 07-01-21 Capital improvements budget FY -- 2021-2022 SUPP. 10 (7-2021) T-29 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 21-40 06-21-21 North Kona Zone Map ZA 21-41 06-21-21 Operating budget -- 21-42 06-21-21 Operating budget -- 21-43 06-21-21 Operating budget -- 21-44 06-25-21 Operating budget -- 21-45 06-25-21 City of Hilo Zone Map ZA 21-46 06-25-21 City of Hilo Zone Map ZA 21-47 06-25-21 Operating budget -- 21-48 06-25-21 Operating budget -- 21-49 07-15-21 City of Hilo Zone Map ZA 21-50 07-30-21 Operating budget -- 21-51 08-03-21 Operating budget -- 21-52 08-03-21 Relating to processing of subdivision 23-58, 23-70, and zoning applications and making 23-72, 23-74, clerical revisions to permitted uses in 23-79, 25-2-3, the family agricultural zoning district25-5-62, 25-6-14 21-53 08-03-21 General Obligation Bond ($25,500,000 -- - Various public improvement projects) 21-54 08-03-21 Operating budget -- 21-55 08-13-21 Operating budget -- 21-56 08-19-21 Relating to the public access, open 2-214.2, 2-215, space, and natural resources 2-217 preservation commission and maintenance fund 21-57 08-19-21 Repeals article relating to the disaster 2-208 to 2-213 and emergency fund 21-58 08-30-21 Operating budget -- 21-59 08-30-21 Operating budget -- 21-60 08-30-21 Operating budget -- 21-6109-08-21Construction code5-1-2, 5-1-3, 5-1- 5, 5-2-2, 5-2-3, 5- 2-4, 5-4-21, 5-8-4, 5-10-1, 5A-1-3, 5A-1-6, 5A-3-21, 5A-3-22, 5A-3-27, 5D-1-3, 5D-1-6, 5E-1-6, 5F-1-6, new chapters 5B and 5C 21-62 09-22-21 City of Hilo Zone Map ZA 21-63 09-22-21 Operating budget -- 21-64 10-06-21 City of Hilo Zone Map ZA SUPP. 11 (1-2022) T-30 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 21-65 10-06-21 Relating to the membership and 15-62 tenure of the veterans advisory committee 21-66 10-06-21 Operating budget -- 21-6710-06-21Authorizes formation of community -- facilities district 1-2021 (Kaloko Heights Project) and the levy of a special tax on properties within this district 21-68 10-20-21 Operating budget -- 21-69 10-20-21 Operating budget -- 21-70 10-20-21 Operating budget -- 21-71 10-20-21 Operating budget -- 21-72 10-20-21 Operating budget -- 21-73 10-20-21 Operating budget -- 21-74 11-08-21 Relating to meetings of the veterans 15-63 advisory committee 21-75 11-08-21 Operating budget -- 21-76 11-08-21 Capital improvements budget -- 21-77 11-08-21 Operating budget -- 21-78 11-08-21 Operating budget -- 21-79 11-18-21 Operating budget -- 21-80 11-18-21 Operating budget -- 21-81 11-18-21 Operating budget -- 21-82 11-30-21 Relating to expenditures from fund for 2-195 the workforce innovation and opportunity act program 21-83 11-30-21 Operating budget -- 21-84 11-30-21 Operating budget -- 21-85 11-30-21 Operating budget -- 21-86 11-30-21 Operating budget -- 21-87 11-30-21 Relating to alcoholic beverages 14-1, 14-2.2 21-88 11-30-21 Operating budget -- 21-89 12-10-21 Implementsa County transient 2-259 to 2-269 accommodations tax (new article) 21-90 12-21-21 Operating budget -- 21-91 12-21-21 Operating budget -- 21-92 12-29-21 Operating budget -- SUPP. 11 (1-2022) T-31 2022 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 22-1 01-11-22 City of Hilo Zone Map ZA 22-2 01-11-22 City of Hilo Zone Map ZA 22-3 07-01-22 Prohibiting glyphosate-based 15-91 to 15-94 pesticides in County parks and (new article) recreational facilities 22-4 01-11-22 Operating budget -- 22-5 01-11-22 Operating budget -- 22-6 01-11-22 Capital improvements budget -- 22-701-14-22Capital improvements budget-- 22-801-14-22Operating budget-- 22-9 06-15-22 Names the grandstandat the 15-68.1 Pana‘ewa Equestrian Center, “Alvin ‘Al’ Cabral Rodeo Arena Grandstand” 22-10 02-02-22 Capital improvements budget -- 22-11 02-02-22 Operating budget -- 22-12 02-16-22 Fares for public transportation 18-90 22-13 02-24-22 -Puukapu Zone MapZA 22-14 02-24-22 City of Hilo Zone Map ZA 22-15 02-24-22 Traffic Schedules 24-279, 24-280 22-16 02-24-22 Operating budget -- 22-17 02-24-22 Operating budget -- 22-18 02-24-22 Operating budget -- 22-19 03-04-22 Capital improvements budget -- 22-20 03-03-22 SLUB 22-21 03-03-22 Operating budget -- 22-22 03-08-22 Volcano – Mt. View Zone MapZA 22-23 03-08-22 Adding Kamehameha Park to the 15-72 farmers market facility schedule 22-24 03-08-22 Capital improvements budget -- 22-25 03-08-22 Operating budget -- 22-26 07-01-22 Real property taxes 19-90 22-27 03-23-22 ZA 22-28 03-23-22 Operating budget -- 22-29 03-23-22 Operating budget -- 22-30 04-07-22 Operating budget -- 22-31 04-07-22 Operating budget -- 22-32 04-07-22 Operating budget -- 22-33 04-07-22 Special tax revenue bond - Formation -- of community facilities district 1-2021 (Kaloko Heights Project) and the levy of a special tax on properties within this district SUPP. 12 (7-2022) T-32 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 22-34 04-21-22 North Kona Zone Map ZA 22-35 04-21-22 -‘Anaeho‘omalu Zone Map ZA 22-36 04-21-22 Relating to dangerous dogs 4-1-1, 4-3-1 to 4-9-6 22-37 04-21-22 Operating budget -- 22-38 04-21-22 Operating budget -- 22-39 04-21-22 Operating budget -- 22-40 04-21-22 Capital improvements budget -- 22-41 04-21-22 General Obligation Bond -- ($149,500,000 – Wastewater - Design for Hilo wastewater treatment plant, WIFIA loan match, construction and emergency measures; Public Works repairs and maintenance; Parks and Recreation repairs and maintenance; Housing repairs and maintenance; Animal control facilities and maintenance; Solid Waste repairs and maintenance; Bond issuance costs) 22-42 04-21-22 -Onomea Zone MapZA 22-43 04-21-22 Operating budget -- 22-44 04-21-22 Operating budget -- 22-45 04-21-22 Operating budget -- 22-46 04-29-22 -‘Anaeho‘omalu Zone Map ZA 22-47 04-29-22 ‘O‘oma 1st, North Kona SLUB 22-48 04-29-22 North Kona Zone Map ZA 22-49 04-29-22 Operating budget -- 22-50 04-29-22 Operating budget -- 22-51 07-01-22 Salary Ordinance of 2022-- 22-52 04-29-22 Operating budget -- 22-53 04-29-22 Operating budget -- 22-54 04-29-22 Operating budget -- 22-55 04-29-22 Operating budget -- 22-56 04-29-22 Operating budget -- 22-57 05-18-22 Operating budget -- 22-58 05-18-22 Capital improvements budget -- 22-59 05-18-22 Operating budget -- 22-60 05-23-22 Operating budget -- 22-61 06-07-22 Operating budget -- 22-62 06-09-22 Operating budget -- 22-63 07-01-22 Operating budget FY 2022-2023 -- 22-64 07-01-22 Capital improvements budget FY -- 2022-2023 22-65 06-15-22 ZA SUPP. 12 (7-2022) T-33 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 22-66 06-15-22 North and South Kohala District Zone ZA Map 22-67 06-17-22 Capital improvements budget -- 22-6806-17-22Operating budget-- 22-69 06-17-22 Operating budget -- 22-70 06-17-22 Operating budget -- 22-71 06-17-22 Operating budget -- 22-72 06-17-22 Operating budget -- 22-73 06-20-22 Operating budget -- 22-7406-20-22Operating budget-- 22-75 06-20-22 Operating budget -- 22-76 06-29-22 Capital improvements budget -- 22-77 06-29-22 Housing production funding11-21 (new article) 22-78 06-29-22 Operating budget -- 22-79 06-29-22 Operating budget -- 22-80 07-06-22 Use of the County housing program 2-75 revolving fund 22-81 12-01-22 Prohibition of non-mineral sunscreen 14-30 (new article) 22-82 11-08-22 Charter amendment (board of ethics)-- 22-83 08-03-22 Operating budget -- 22-84 08-03-22 Operating budget -- 22-85 11-08-22 Charter amendment (office of the -- County auditor) 22-86 11-08-22 Charter amendment (youth -- commission) 22-87 08-03-22 North and South Kona District Zone ZA Map 22-88 08-03-22 Kea‘au Zone Map Z A 22-8908-12-22Operating budget-- 22-90 01-01-23 Real property tax exemptions 19-71 22-91 01-01-23 Real property tax exemptions for 19-89.5 kuleana lands 22-92 08-31-22 Operating budget -- 22-93 08-31-22 Operating budget -- 22-94 08-31-22 Fares for public transportation 18-90 22-95 09-19-22 Electric vehicles 24-245.4 to 24-245.6 (new division) 25-1-5, 25-4-54.1 to 25-4-54.2 (new sections) SUPP. 13 (1-2023) T-34 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 22-96 09-19-22 Operating budget -- 22-97 09-19-22 Operating budget -- 22-98 10-04-22 City of Hilo Zone Map ZA 22-99 10-04-22 Operating budget -- 22-100 10-04-22 South Hilo Zone Map ZA 22-101 10-04-22 City of Hilo Zone Map ZA 22-102 10-14-22 Operating budget -- 22-103 10-27-22 Renames Chapter from “Civil Defense” Renames and to “Disaster and Emergency amends chapter 7 Management” 22-10410-27-22Vehicle disposalRepeals 20-03-03 and adds new article 7 22-105 10-27-22 Traffic Schedules 24-293 22-106 10-27-22 Puna District Zone Map ZA 22-107 10-27-22 Operating budget -- 22-108 11-04-22 Kealakekua, South Kona SLUB 22-109 11-04-22 South Kona Zone MapZA 22-110 11-04-22 Operating budget -- 22-111 11-04-22 Operating budget -- 22-112 11-04-22 Capital improvements budget -- 22-113 11-04-22 Operating budget -- 22-114 11-17-22 ZA 22-115 11-17-22 Renames the District Park to 15-68.1 the “William “Billy” Kenoi Park” 22-116 11-17-22 Operating budget -- 22-117 11-17-22 Operating budget -- 22-118 11-17-22 Operating budget -- 22-119 11-17-22 Operating budget -- 22-12011-17-22Operating budget-- 22-121 11-17-22 Capital improvements budget -- 22-122 12-05-22 North Hilo Zone Map ZA 22-123 12-05-22 Capital improvements budget -- 22-124 12-05-22 Capital improvements budget -- 22-125 12-05-22 General Obligation Bond ($17,000,000 -- – Hilo Wastewater Treatment Plant) 22-126 12-05-22 Operating budget -- SUPP. 13 (1-2023) T-35 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 22-127 07-01-23 Real property solar water heater tax 19-104 credit 22-128 12-05-22 Operating budget -- 22-12912-05-22Capital improvements budget-- 22-130 12-09-22 Licenses to carry concealed and 14-115 to unconcealed firearms within the 14-119.3 County(new article) 22-131 12-27-22 Operating budget -- 2023 ORD. EFFECTIVE CODE DESCRIPTION NO. DATESECTION 23-1 01-03-23 Kawaihae, South KohalaSLUB 23-2 01-03-23 North and South Kohala Zone Map ZA 23-3 01-03-23 Operating budget -- 23-4 01-03-23 Operating budget -- 23-5 01-03-23 Operating budget -- 23-6 01-03-23 Operating budget -- 23-7 01-03-23 Operating budget -- 23-8 01-13-23 Fire Repeals existing chapter 26 and creates new chapter 17. 23-9 01-13-23 Operating budget -- 23-10 01-13-23 Operating budget -- 23-11 02-22-23 Operation of parks and recreational 15-2, 15-3, 15-6, areas 15-8, 15-28 23-12 02-22-23 Use of vehicles and parking 15-26 restrictions at County parks and recreational facilities 23-13 02-22-23 Camping and recreational vehicle 15-39 areas 23-14 02-22-23 Parks and recreational facility 15-68.1 schedule 23-15 02-22-23 Capital improvements budget -- 23-16 02-22-23 Capital improvements budget -- 23-17 02-22-23 Capital improvements budget -- 23-18 02-22-23 Capital improvements budget -- 23-19 02-22-23 Membership of the veterans advisory 15-62 committee SUPP. 14 (7-2023) T-36 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 23-20 02-23-23 Reports by housing administrator 11-19 relating to affordable housing 23-21 02-22-23 Operating budget -- 23-2202-22-23Operating budget-- 23-23 03-08-23 Kailua-HonaloUrban Zone Map ZA 23-24 03-08-23 Operating budget -- 23-25 03-08-23 Capital improvements budget -- 23-26 03-08-23 Capital improvements budget -- 23-27 03-08-23 Operating budget -- 23-2801-01-24Real property tax appeals19-100, 19-101 23-29 03-30-23 Dance halls Repeals chapter 6, article 2 23-30 03-30-23 Operating budget -- 23-31 03-30-23 General Obligation Bonds -- ($127,500,000 – Various public improvement projects) 23-32 03-30-23 Capital improvements budget -- 23-33 07-01-23 Createsan animal control and 2-7, adds new protection agency article 41, and 4-2-1 to 4-2-10, 4-3-3, 4-4-21, 4-4-22, 4-9-2 23-34 04-03-23 City of Hilo Zone Map ZA 23-35 04-03-23 Operating budget -- 23-36 04-03-23 Operating budget -- 23-37 04-17-23 Capital improvements budget -- 23-38 04-19-23 Conditions on change of zone 25-2-44 23-39 05-07-23 Operating budget -- 23-40 05-07-23 General Obligation Bond (Amends -- Ord. No. 22-125: $17,000,000 – Hilo wastewater treatment plant) 23-41 05-07-23 Operating budget -- 23-42 05-07-23 Operating budget -- 23-43 05-07-23 Capital improvements budget -- 23-44 05-15-23 Operating budget -- 23-45 05-15-23 Operating budget -- 23-46 07-01-23 Salary Ordinance of 2023-- 23-47 05-26-23 Operating budget -- 23-48 05-31-23 Operating budget -- 23-49 05-31-23 Capital improvements budget -- 23-50 07-01-23 Operating budget FY 2023-2024 -- 23-51 07-01-23 Capital improvements budget -- FY 2023-2024 SUPP. 15 (1-2024) T-37 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 23-52 06-21-23 North and South Kona Districts Zone ZA Map 23-53 06-21-23 Operating budget -- 23-5401-01-24Real property taxes19-53, 19-71 23-55 09-02-23 Commercial agricultural use 19-2, 19-60, 19-61 dedication for real property taxes 23-56 07-26-23 Creating a new article and new 2-7, adds new chapter relating to sustainability, article 49, and climate, equity, and resilience adds new chapter 37 23-57 08-08-23 North and South Kona Districts Zone ZA Map 23-58 08-14-23 Traffic Schedules 24-255, 24-256 23-59 08-16-23 Nondedicated agricultural use 19-2, 19-57 assessments for real property taxes 23-60 08-31-23 Community food sustainability use 19-2, 19-57.1 assessments for real property taxes 23-61 08-25-23 Operating budget -- 23-62 08-25-23 Operating budget -- 23-63 08-25-23 Operating budget -- 23-64 08-25-23 Appropriation of disaster relief funds 2-246 to 2-248, for damages, losses, and suffering 2-250 to 2-256 23-65 01-01-24 Real property taxes, home exemptions19-71 23-66 09-15-23 Operating budget -- 23-67 10-04-23 Operating budget -- 23-68 10-04-23 Operating budget -- 23-69 10-18-23 North Hilo Zone Map ZA 23-70 10-18-23 Operating budget -- 23-71--Charter amendment (vacancy in office)-- 23-7211-09-23Operating budget-- 23-73 11-09-23 Operating budget -- 23-74 11-09-23 Operating budget -- 23-75 11-09-23 Operating budget -- 23-76 11-09-23 Operating budget -- 23-77 11-20-23 Affordable housing 11-3, 11-13 23-78 11-17-23 Operating budget -- 23-79 11-17-23 Operating budget -- 23-80 11-17-23 Operating budget -- 23-81 11-17-23 Operating budget -- 23-82 11-17-23 Operating budget -- 23-83 11-17-23 Operating budget -- 23-84 11-17-23 Operating budget -- SUPP. 15 (1-2024) T-38 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 23-85 11-17-23 Capital improvements budget -- 23-86 11-17-23 Capital improvements budget -- 23-87 12-01-23 Cancellation of construction code 5-4-7, 5-5-4, 5-5-5 permit applications, permit expirations, and permit extensions 23-8812-07-23Installation of photovoltaic systems5-4-3 23-89 12-05-23 Operating budget -- 23-90 12-05-23 Operating budget -- 23-91 12-05-23 Operating budget -- 23-92 12-05-23 Operating budget -- 23-9312-05-23Capital improvements budget-- 23-9412-05-23Capital improvements budget-- 23-95 12-05-23 General Obligation Bonds -- ($187,000,000 – Various public improvement projects) 23-96 12-06-23 City of Hilo Zone Map ZA 23-97 12-06-23 District Zone MapZA 23-98 12-20-23 Traffic Schedules 24-280, 24-281 23-99 12-20-23 Traffic Schedules 24-280 23-100 12-20-23 Operating budget -- 23-101 12-20-23 Capital improvements budget -- 23-102 12-20-23 Operating budget -- 23-103 12-20-23 Operating budget -- 23-104 12-29-23 Operating budget -- 23-105 12-29-23 City of Hilo Zone Map ZA 2024 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 24-1 01-23-25 Improving, grading, repairing, or 2-40, and adds construction work upon private, new article to nondedicated, and non-surrendered chapter 14 roads 14-26-1 to 14-26-9 Shall take 24-2 Prohibition of flavored tobacco Adds new article effect forty-two products to chapter 14 days after the State of Hawai‘i’s preemptive authority is repealed or suspended SUPP. 16 (7-2024) T-39 ORD. EFFECTIVE CODE DESCRIPTION NO.DATESECTION 24-3 06-15-24 Names the ballfield at the Dr. Francis 15-68.1 F.C. Wong stadium in the Ho‘olulu Complex the “James “Jimmy” Correa Ballfield” in honor of James “Jimmy” Correa 24-4 01-23-24 Traffic Schedules 24-280, 24-281 24-5 01-23-24 Capital improvements budget -- 24-6 02-05-24 Operating budget -- 24-7 02-05-24 Operating budget -- 24-8 02-23-24 Sustainability, Climate, Equity, and 2-271, 37-1-2, 37- Resilience 1-3, 37-2-1 24-902-23-24Operating budget-- 24-10 02-23-24 Operating budget -- 24-11 02-23-24 Operating budget -- 24-12 02-23-24 Operating budget -- 24-13 02-23-24 Operating budget -- 24-14 02-23-24 Operating budget -- 24-15 02-23-24 Traffic Schedules 24-255, 24-257, 24-259, 24-260 24-16 02-23-24 Establishing a registry of real property Adds new article owner informationto chapter 14 24-17 03-01-24 Wind design criteria for residential 5B-2-1 buildings 24-18 03-20-24 Transfer of excess affordable housing 11-15 credits 24-19 03-20-24 Operating budget -- 24-20 03-20-24 Traffic Schedules 24-279 24-21 03-20-24 Capital improvements budget -- 24-22 03-20-24 Operating budget -- 24-23 04-03-24 Renames the Kahakai Park to the 15-68.1 “Waiakahi‘ula Beach Park” 24-24 04-03-24 Operating budget -- 24-25 -- Charter amendment (term of office of -- department heads) 24-26 05-01-24 Animal control and protection agency 4-1-1, 4-2-4, 4-4-31, 4-4-34, 4-4-35 24-27 05-01-24 Operating budget -- 24-28 07-01-24 Salary Ordinance of 2024-- 24-29 05-28-24 Operating budget -- 24-30 05-28-24 Traffic Schedules 24-279 24-31 05-28-24 Capital improvements budget -- SUPP. 16 (7-2024) T-40 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 SUPP. 16 (7-2024) T-41