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HomeMy WebLinkAboutBIL 250 Draft 01 1994-1996 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 250 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE RELATING TO ZONING BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25 of the Hawaii County Code is amended to read as follows: CHAPTER 25 ZONING Article 1. General Provisions [Division 1. Generally.] Section [25-I) ~5,~-1. Title. [This chapter may be cited] Thy, provi ion of this ~ aster inclusive of anv amendments shall be known as the Zoning Code. Section [25-2] 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 [or being prepared] to guide the overall future development of the County. [The general plan shall include 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 hereafter be adopted as amendments to or portions of the general plan.] (b) For the purpose of promoting health, safety, morals, or the general welfare of the [community] Countv, this chapter regulates and restricts the height, [number of stories,] size of buildings, and other structures, the percentage of [lots] ;1._141 that may be occupied, off-street ZONING CODE REVISION DRAFT - 2/7/96 parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, [signs,] structures, and land for trade, industry, residence, or other purposes. Section [25-3] 25=L-~. 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] Sihslllg[ 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. Section 25-1-4 AdoFtion of rules The director and the commission may as annropriate each adopt rules in accordance with Hawaii Revised Stab~tec chanter 91. for the numose of imnlementing~he provisions of this chanter. Section [25-4] 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 Building Code (chapter 5). (b) [As used in this chapter the] Thy following words and phrases, unless the context otherwise requires, are defined as follows: fll "Accessory building" means a building. no more than twenty feet in height. det?ched from and subordinate to a main building or main use on the same building i e and use~1 for the F~oses customarily incidental to those of t_h_e main building or use. (2) "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. 20NING CODE REVISION 2 DRAFT - 2/1/96 (,32 "Adult daX care home" means a private residence. licensed by the state. providing~pportive and protective care. without overnight accommodations. to not more than three adult disabled or aged persons. ~ "Agricultural products processing- maior" means activities involving a vari of operations on crops or livestock which may_,.generate dust. odors. pollutants or visual impacts that could adversely affect adjacent properties. These uses include. but are not limited to. slaughterhouses. mills. refineries. carLneries and milk processing plant,- X51 "Agricultural produc processing. minor" meatL activities on a building i e »sed for crop~roduction. which are not regulated as maior agricultural products processing and which perform a variety of operations on crops after harvest to prepare them for market. or further processing.~nd packaging at a distance from the agricultural area. Included activities are cleaning. milling p~]],ping. drying roa i g. hulling. tori . packing. honey processine_;_,noi-making. selling and other similar activities. Also included are the facilities or buildi gs related to such activities. [(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. (71 "~Lmusement and recreation facilil}+. indoor" means an establishment providing indoor amusement or recreation. Typical uses include: martial arts studios: billiard and pool halls: electroiic and coin-op ra d game rooms: bowling alle}~: skati ritLks: health and fitness establishments: indoor tennis. handball and racquetball courts: auditoriums: and indoor archery and shooting ra_ng~ (81 "Amusement and recreation facilily+. maior outdoor" means a permanent fa ility_providing outdoor amusement and entertairLment. including theme and ocher hypes of 3 ZONING CODE REVISION DRAFT - 2!1!98 amusement parks. stadiums. skateboard parks. go-cart and automobile race tracks. mittiature golf and drive-in theaters. [(2)] ~ "Apartment house" [is included within the term multiple] means a multiple-family dwelling. (101 "Aquaculture" means the production of aquatic pant or animal life for food or fiber within ponds and other bodies of water. (111 "Authorized personnel" means a police officer or a person or rpe sow authorized in writing by the director. 2~ "Automobile service station" means a retail establishment which primarily provides gasoline. automobile accessories and service. but not including tire recapping or reerooving. body work. straig teni g of frames or body parts. steam cleaning. paintin¢. welding. or storagg of automobiles. except for storage of vehicles for short periods pendine reoair or servicing on the site and pick-up by the owner. [(3)(A)] jL~ "Bed and breakfast establishment" [is an owner-proprietor- occupied or lessee-proprietor-occupied] means a single-family dwelling [with a maximum of five guest bedrooms within the dwelling] in which overnight accommodations and only continental breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. [For the purposes of this chapter, a "lessee-proprietor" means a lessee holding a lease of five years or more, for the residence and land on which the bed and breakfast establishment shall occupy. (B) A bed and breakfast establishment shall be subject to the following restrictions and standards: 4 ZONING CODE flEVISION DRAFT - 2/1/96 (i) Abed and breakfast establishment shall be accessory and subordinate to the principal use as a residence by its owners or lessee. A copy of the operator's current transient accommodations tax license and general excise tax license shall be submitted to the planning department prior to final plan approval for the proposed bed and breakfast establishment. (ii) The owner-operator or lessee-operator of the bed and breakfast establishment shall reside within the single-family dwelling unit being used as a bed and breakfast establishment. (iii) The bed and breakfast establishment shall contain no more than five guest bedrooms for rent to guests. The minimum lot size in any RD, RS, RA, A, IA and U district for a bed and breakfast establishment with three to five guest bedrooms is fifteen thousand square feet. Any lot less than fifteen thousand square feet in any RD, RS, RA, A, IA and U districts shall not have more than two guest bedrooms. (iv) The maximum number of guests permitted within a bed and breakfast establishment at any one time shall be ten. (v) Only continental breakfast meals may be offered to guests. The serving of breakfast for a fee to individuals other than registered guests shall be prohibited. Abed and breakfast establishment shall not operate as a food service establishment, unless a food service establishment (i.e. a restaurant) is listed as a permitted use within the zoned district. 5 ZONING CODE REVISION DRAFT - 211/96 (vi) One paved (with concrete or asphalt concrete surface) off-street parking stall shall be provided for each guest bedroom, in addition to the required stall(s) for the dwelling unit. (vii) 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 of the Hawaii County Code. (viii) Abed and breakfast establishment shall obtain final plan approval from the planning department in accordance with article 20 of this chapter. (ix) Access to a lot with a bed and breakfast establishment shall meet with the requirements of all applicable agencies. (x) Abed and breakfast establishment shall not be permitted on property which has been issued an ohana dwelling permit or which contains an approved ohana dwelling. (xi) Abed and breakfast establishment shall comply with all applicable requirements by the department of health. (xii) Should any rules and regulations required under the ADA Act (American with Disabilities Act) which are designated to allow greater accessibility to handicapped individuals be adopted in the Hawaii County Code, a bed and breakfast establishment shall be in conformance with such requirement. (C) Notwithstanding the above standards and restrictions, the planning commission may impose further restrictions as it deems necessary during the use permit process pursuant to this chapter and its rules of practice and procedure. 6 ZONING CODE REVISION DRAFT - 2/1/98 (D) The applicant shall have the burden of proof in establishing that the proposed bed and breakfast establishment on the lot will not violate a covenant, restriction, homeowners association covenant or bylaw or other land use restriction or limitation which is applicable to the affected lot. Such evidence may include a title report from a licensed title company or a signed certificate of the beneficiaries of such covenants, restrictions, bylaws, or limitation of their representatives. (E) If a parcel of land upon which a bed and breakfast establishment is proposed is subject to restrictions, covenant, bylaws or other limitations, the actions of the planning department or planning commission, as the case may be, shall not be construed to interpret such encumbrances. The applicant or aggrieved party(ies) may seek independent judicial relief through declaratory judgement or similar legal means. (F) Any operation as a bed and breakfast establishment which has not been approved by either the planning commission through a special permit or by the planning department during plan approval review shall be considered illegal and subject to the provisions of this section, regardless of any prior operation as a bed and breakfast establishment.] [(4)] f141 "Beginning of construction" means placing of construction materials in their permanent position, fastened in a permanent manner. [(5) (A)] l.1~.). "Building" [includes] lll~l]& any structure used or intended for ~pnorting or sheltering use or occupancy. and includes accessory building. community building and main buildin¢. ,7 ZONING CODE REVISION DRAFT - 2/1/96 [(B)1A1 "Accessory building" means a building detached from and subordinate to a main building on the same building site and used for purposes customarily incidental to those of the main building. (C) "Community building" means a building for civic, social, educational, cultural, and recreational activities of a neighborhood or community group or association and not operated primarily for financial gain. (D) "Existing building" means any building upon which construction was lawfully begun or completed prior to May 24, 1967, or the effective date of any subsequent amendments to this chapter. (E)"Main building" means a building in which is conducted a principal or main use on the building site on which it is situated.] [(6)] "Building height" as defined in the building code. means the vertical distance [measured between the average level of the finished ground surface adjacent to the building and the uppermost point of the building excluding only those features which are permitted to exceed the district height limits as provided in article 1, division 8 of this chapter] above a reference datLm measured to the highest point of the coping of a flat roof. or to Lhe deck line of a mansard roof. or to the average height of the highest gable of a pitched or hinoed roof. The reference datum shall be selected by either of the following. whichever yields a gFeater height of building: (A) The elevation of the highest a 'oining sidewalk or ground surface within afive-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. g ZONING CODE REVISION DRAFT - 2/1/96 (l~l An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in (/~J above is more than ten feet above lowest grade. The height of a stepped or terraced building is the maximum hejgh of anv seetttent of the buildine. [(7)] 1112 "Building line" means a line on a lot indicating the limit beyond which buildings or structures may not be erected. [(8)] ~ "Building site" means a parcel of land which[: (A) Is] ~ occupied or is to be occupied by a principal use and accessory uses or [ofJ a building or group of buildings[; and (B) complies with all of the requirements of this chapter relating to building sites;], and includes a lot and a plot. [(9)] ~ "Building site average width" means that figure obtained by dividing the total azea of a [parcel of land] 141 by the maximum depth of the [parcel] ]42 measured in the general direction of the side lines [(See section 25-58(a))]. i~,Q) "Business service" means an establishment which primazilXnrovides goods and services to other business. including but not limited to minor job grin ing. dunk .a in . binding and photogranhic processing. office security. maintenance and custodial services. a_nd office eauinment and machinery sales. rentals and repair. [(10)] "Care home" [or "family care home"] means a facility which is licensed by the (State] sly to provide living accommodations and general or rehabilitative caze in homes with not more than one kitchen, to accommodate [up to six] seven or more persons, whether or not such persons are related. [The maximum six persons permitted shall be in addition to the family or staff operating the home.] The term includes [child caze, babysitting and caze incident to old age or disability] adult residential care homes„_gro~g child 9 ZONING CODE REVISION DRAFT - 2/1/96 care homes and other facilities for children. elderly. handicapped. developmental y disabled and totally disabled. (221 " ater'ng estaablishment" means an establishment primarily involved in the preparation and transfer of finished food products for immediate consumvtion upon delivery to off-premises destinations including. but not limited to. hotels. restaurants. airlines a_nd social events. [(11)] ~3 "City of Hilo" means all of that portion of the district of South Hilo, County of Hawaii, which is bounded on the south side by the district of Puna; bounded on the west side by the districts of Kau and North Hilo; on the north by the [Ahupuaa] ahupuaa of Paukaa in the district of South Hilo and on the east by the sea. [(12) "Commercial amusement establishment" means any place where entertainment or amusement is provided where the public, on a commercial basis, may observe or join in the activities. (See section 24-192(21)).] [(13)] (24,1 "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. (251 "CottLmercial parking to and garage" means anv building or parking area designed or used for temporary narking of automotive vehicles. which is not accessory to another use on the same building site and within which no vehicles are repaired. (261 "Commission" means the planning commission. (2?l "Community building" means a building for civic. social. educational. cultural- and recreational activities of a neighborhood or cottLmunity eroup or association and not~perated primarily for financial gain. to ZONING CODE REVISION DRAFT - 2/1 /96 [(14) "Condominium" means a system of separate ownership of individual residential units in a multiple residential building.] [(15)] "Conforming" means in compliance with the regulations of the pertinent y~njng district. 1291 "Convenience store" means a small retail establishment intended to serve the daily or frequent needs of the surrounding neighborhood population by offering for sale prepackaged food products. household items. newspgpers and magazines. and fresh~yprepared foods such as sandwiches for off-site consumption. (301 "Council" means the county council. ~ 1 "County environmental report" means an informational document. available to the public for inspection and written comment- which describes the physical. social. economic. and natural resource consequences of a proposed action- includine but not limited to a discussion of alternatives to the proposed action. adverse environmental effects which cannot be avoided should the proposal be implemented. the relationshjp between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. any irreversible and irretrievable commitments of resources which would be involved in the proposed action. and economic and social analysis of the proposed action. The term does not include a state environmental impact statement prepared in compliance with ~pter 343. Hawaii Revised Statutes. (321 "Croceproduction" means agricultural and horticultural uses. includine. but not limited to,-production of grains. field crops. vegetables. fruits. tree nuts. flower fields and seed production. ornamental crops. tree and sod farms. 11 ZONING CODE REVISION DRAFT - 2/1 /96 [(16)] ~ "Day care facility" means a facility which is licensed by the [State] ~g where seven or more persons who are not members of the family occupyine the premises aze Gazed for without overnight accommodations. This term includes day nurseries, preschools, kindergartens and adult day care facilities. (341 "Data processing facility" means an establishment primazi[,y 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. [(17)] ~2 "Density" means the number of persons, or dwelling units or rentable units for a particulaz unit of gross land area. [When used with the terms low, medium, high, etc., it denotes relative comparison only among the various districts or areas in the County.] [(18)] 13Sz~ "Director" means the director of the planning department. [(19)] ~ "[Drive-in] Drive-thru establishment" means ~y portion of a retail establishment [dispensing food or drink or both and catering to customers who remain in, or leave and return to, their automobiles for consumption of the food or drink on the premises, and includes any business designed for serving customers at a drive-up window or while they are in their car] which offers goods or services to patrons via adrive-thru counter or window go that patrons need not leave their vehicles for service. The term drive-thru does not include automobile service stations. [(20) (B)] "Duplex [dwelling] and "double family dwelling" means a building containing only two dwelling units. 12 ZONING CODE REVISION DRAFT - 2/1 /98 [(20) (A)] "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, m ~l iple family dwelling and single-fa_mily_ dwelline. [(D) "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 aze actually in place. (E) "Multiple-family dwelling" means a building containing more than two dwelling units. (F) "Single-family dwelling" means a building containing only one dwelling unit.] [(C)] X441 "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. [(21) "Easement" means an acquired privilege or right of use or enjoyment which an individual, firm, corporation, unit of government or group of individuals has in the land of another.] (41) "Energv s• avine device" means any facili . equjpment. 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. [(22)] ~ "Environmental impact statement" means [a statement which describes the physical, social, economic, and natural resource consequences of a proposed ZONING CODE REVISION 13 DRAFT - 2/1/96 action, including but not limited to a discussion of alternatives to the proposed action, adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between local short term uses of man's environment and the maintenance and enhancement of long-term productivity, any irreversible and irretrievable commitments of resources which would be involved in the proposed action, and economic and social analysis of the proposed action] an informational document prepared in compliance with chanter 343. Hawaii 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. [(23)] J4~ "Erected" [includes] nlgallS constructed, reconstructed, altered, placed, or moved. [(24)] 1,442 "Family" means an individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants2, who need not be related by blood or marriage, living together in a dwelling unit. The term ["family" shall also include] includes individuals in larger group living situations described [under family boarding home and care home] group living facilities and family child care homes. [(25)] X451 "Family [boarding home or adult family boarding] child care home" means a [home which contains not more than one kitchen to accommodate group living by not more than eight persons, whether or not such persons are related, and which is licensed by the State department of social services and housing. The maximum eight persons permitted shall be in addition to the family or staff operating the home] private residence licensed by the slate at which care or the respo . ibili for the supervision. development. safety and protection is 14 ZONING CODE REVISION DRAFT - 2/1 /98 provided for up to six children. who are living in the residence mart from the parent or AIL (.461 "Farm dwelling" means asingle-family dwelling located on and used in connection with a farm. or where agricultural activity provides income to ~h_e family occunvin¢ the dwelline. (471 "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. [(26)(A)] ~ "[Gross floor area] Floor area. gross" means the total area of all floors of a building including a basement measured along the exterior walls of such building. [(B)] L421 "[Net floor area] Floor area. net" means the total gross floor area of all buildings occupying a parcel exclusive of floor area permanently allocated for parking or loading spaces. (501 "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 grindine. " [(28)] ~ "Frontage" means that portion of a parcel of property which abuts on a road, road easement. street, or highway which affords access to the property. [(27)] 5j,~ "Future width lines" means lines established on the zoning man. for purposes of future widening of an existing street and establishing the front property line of ~ affected [property] buildine site. The area within these lines or between a future width line 15 ZONING CODE REVISION DRAFT - 2/1/98 and an existing street right-of--way line, shall be deemed to be a street right-of--way[. See sections 25-262 and 25-264(b))]. and cannot be considered in computing the minimum yard required on anv building site. (~31 "Groilp living facility" means a facility with eight or fewer residents. in addition to the family or staff o rati g the facility. and which is licensed by the state as an adult residential care home under section 321-15.6. Hawaii Revised Statutes. or is an intermediate care facility/mental retardation community (ICFIMR-Cl for persons including mental y ill. who are not related to the home operator or facility staff. [(29)] "Guest house" means an accessory building used as sleeping quarters for guests of the occupants of the main dwelling [on anon-commercial basis] and having no cooking facilities. [(30)] 5~5 "Guest ranch" and "resort ranch" mean an establishment with its surrounding land which offers recreational facilities for activities such as riding, swimming and hiking, and [supplemental] living accommodations. (_S61 "Home improvement center" mean a single establishment prLm~rily involved in providing a large vazie of goods and services directly associated with buildin¢ and home improvements. [(31)] ~ "Home occupation" means any [(A) Any use which: (i) Is cleazly incidental and secondary to the use of a dwelling for dwelling purposes and does not change the chazacter of the dwelling, (ii) Is customazily conducted entirely within a dwelling, (iii) Is customarily carried on solely by the inhabitants of the dwelling, 16 ZONING CODE REVISION DRAFT - 2/1 /96 (iv) Involves no display visible from outside the building, (v) Involves no use of mechanical equipment except that which is normally used for domestic or household purposes, and (vi) Involves no selling of any commodity on the premises; (B) And includes: (i) The office, studio, or occupational room of an architect, engineer, lawyer, or other similar professional person, (ii) Any business conducted entirely by phone or mail and not involving frequent bulk shipments, and (iii) An office for doing homework of a person in business elsewhere; (C) But excludes: (i) Activities involving, encouraging, or depending upon frequent visits by the public, and (ii) Any shop or clinic of any type] activuy intended to produce income that is carried on within a dwelling. within an accessory structure to a dwelling. or on a buil ' site used principally for dwelling._pu~.~goses. Home occupation includes the use of anv residential premises as a base for an off-premises. income producinP activity. [(22)] ~ "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. [(33)] l~21 "Hotel" means a building g~groug of buildin¢s containing [sleeping] transient lodging accommodations in six or more rooms or suites, [which is not a dwelling 17 ZONING CODE REVISION DRAFT - 2/1/98 unitl for the use of persons on a commercial basis, whether such establishment is called a hotel, [inn,] motel, motor hotel, motor lodge, or otherwise. (60) "Inn" means a commercial facili~providing transient lodeine accommodations and meals and containing not more than ten guest rooms or suites. [(34)] "Junk yard" means [the use of] an outdoor or partial y enclosed area. more than two hundred square feet [of land] in size. used for storage or keeping of junk, scrap, or waste materials, or [the use of any area] for [the] dismantling or wrecking [ofJ vehicles or machinery or for storage of parts resulting therefrom. [(35)] ~ "Kennel" means [any premises where more than four dogs more than four months of age are kept, boarded, or trained, on a commercial basis, whether or not in special buildings or runways] a commercial establishment in which dogs or domesticated animals are housed,..groomed. bred. boarded. trained. or sold. all for a fee or compensation. (63) "Kitchen" means a room or a portion of a room designed to be used for the preparation of food and containing all of the followin>r: Fixtures. appliances or devices for heating or cooking food: (Bl Fixtures. appliances or devices for washing utensils used for divine and food preparation and/or for washine and p~paring food: and (Cl Fixtures. anp]jances or devices for refrigeration of food. [(36) "Landscape° and "landscaping" means to improve by landscape architecture or gardening. (37)] ~ "Land use" [see "Use"] m€s1llS use of land, building use and use of ~X building. 1g ZONING CODE REVISION DRAFT - 2/1/9fi (651 "Livestock" means all animals generally associated with farming. which are raised or kept for food and other agricultural p~poses. Such animals include horses. cattle goats. sheep. chickens. ducks. geese and other poultry and swine. (661 "Livestock production" means agricultural establishments primarily ~gaeed in commercial livestock keeping or feeding as a princjpal land use. These include niegeries. dairies. dairy and beef cattle ranching. feedlots. chicken. turkey and ocher poultry farms. rabbit farms. aniaries and aviaries. (671 "Lodge" means a building or groan of buildings. under sinele management. containing transient lodging accommodations with or without kitchen facilities. and no more than one hundred ggest rooms or suites. and general y located in agricultural. rural ur other less ~onulated areas. [(38)(A)] ~ "Lot" means a building site or a parcel of land shown as a unit on an approved [and recorded] subdivision map or a survey man. [(B)] 1422 "Lot line" means any boundary of ~ lot or property line. and includes: [(C)] ~ "Interior lot line" [means] which is any line of the lot other than the street frontage. [(D)] ~ "Rear lot line" [means] which is the lot line that is generally opposite the street frontage. [(39) "Mall" means: (A) A promenade; or 19 ZONING CODE REVISION DRAFT - 2l1 /96 (B) A public walk used for pleasure, display, circulation, activity, relaxation, or exercise and composed of shrubs, trees, flowers, and street furniture of a minimum width of twenty feet.] j701 "Main building" means a building in which is conducted a principal or main use on the building site or which it is situated. X711 "Manufacturing,~rocessing and pack~gine. eeneral" means activities which are the main p~pose of establishments primarijy involved in the manufacture. processing. assemb]y. fabrication. refinement. alteration and/or other end products suitable for sale or trade. General manufacturine~,nrocessing and packaeine establishments are those involving sienificant mechanical and chemical processes. large amounts of metal transfer. or extended shifr operations. Typical activities include. but are not limited to: pgper and textile milli :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 sypthetic materials: primary me al processes: the manufacture of vehicles: machinery and fabricated metal products: electropla ing: m n making and the production of concrete: gypsum and related products: the production of chemical products: perfumes and pharmaceuticals: and the production of paving and roofine 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~rocessing of salvage. scrap and junk materials. (721 "Manufacturing. processing and packaging. light" means activities which are the main p~pose of establishments primari y involved in the manufacture. processine. assembly. fabrication. refinement. alteration and/or other end products suitable for sale or 2() ZONING CODE REVI61ON DRAFT - 2/1/96 trade. Light manufacturing~Rrocessing and packagj~g establishments involve activities which are non-offensive to adiacent uses; involve no op n c or~ge or other tunes 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 tecl,nologi~ computer parts and software. optical and photographic eq~jpment. and other manufacturing. processing and packaging uses meeting the criteria prescribed herein. ~ "Medical clinic" means an office building or group~f 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. but does not include chiropractic and massage treatment and services. (74) "Meeting facility" means a permanent facility for recreational. social or multi-p~pose use. which has no overnight accommodations. and which may be for organizations operati on a membership basis for the promotion of members' mutual interests or may be primari y intended for community pniposes. Typical uses include private clubs. union halls. community centers. and student centers." (751 "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 21 20NING CODE REVISION DRAFT - 2/1/96 own power. whether or not the wheels. skids or other devices for trangportabili are actually i~lace. [(40) "Mobile home park" and "mobile dwelling park" mean any space that is occupied or designed for occupancy by one or more mobile dwellings.] (761 "Multiple-family dwelling" means a building containing more than two dwelling units. [(41)] "Nonconforming building or parcel" means a building or parcel lawfully in existence on September 21. 1966 or on the date of anv amendment to this chanter. but which does not comply with the regulations for the district in which it is located. [(42)] ~ "Non-conforming use" means a use lawfully in existence on September 21, 1966 or [a later] on the date of anv amendment [hereto] to this chanter- but which does not conform to the regulations for the district in which it is located. [(43)] U21 "Ghana dwelling" means a second dwelling unit permitted to be built as a separate or an attached unit on a lot [where a dwelling unit is permitted pursuant to the provisions of article 25 of this chapter]. but does not include a guest house or a farm dwelling. [(44) "Older community" means a designated area within developed land that has established a community character due to the age of the physical improvements and is substandard in any one of the minimum building, street, water or sewage disposal requirements of the County. (See section 25-39(3).)] [(45)] l$41 "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 [ofj and which a maximum width of twenty feet. 22 ZONING CODE REVISION DRAFT - 2/1/96 (811 "Personal services establishment" means an establishment which offers specialized goods and services purchased frequent]y by the consumer. Included are barbershops. beau shops. massage facilities. chiropractic clinics. garment repair. laundry clearine~,nressing. dvei g. tailoring. shoe repair and other similar establishments. [(46)] !,$21 "Piggery" means any parcel or premises where five or more weaned hogs are maintained. [(47)] "Plan approval" means [a method of allowing closer inspection of all developments in certain] the review and approval of plans for new structures and additions to existing structures. and certain uses in specified zoning districts in order to assure that the intent and purpose of this chapter are carried out. [(48) "Plan lines for future streets" means lines established on the zorin¢ m;lp for the [purposes] purnose of future street construction and establishing the front property line of the affected (property] building site. The area within these lines shall be deemed to be street right-of-way. and cannot be considered in computing the minimum area or yard required on any building site.[(See section 25-263 and 25-264(c).)] (851 "Public use". "public building" and "public structure" means a use conducted by or a structure or building owned or managed by the federal government. the state of Hawaii or the County of Hawaii to fulfill a governmental function. activity or service for public benefit and in accordance with public policy. Excluded are uses which are not pure[y a function. activity or service of government and structures leased by_povernment to private entrepreneurs or to non-profit organizations. (86~ycling center" means an establishment on a building site. with or without buildings. anon which used materials are separated and processed for shipment for 23 ZONING CODE REVISION DRAFT - 2/1/98 eventual reuse in new products. A recycling collection point or an area which serves only as a drop-off point for temporary storage of recyclables shall not be considered a recycling center. [(49)] ($Z1 "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. (881 "Repair establishment. maior" 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 adiacent land uses by virtue of their appearance. noise. si?e. traffic generation or operational characteristics. Maior repair establishments include. but are not limited to: (A) Blacksmith. ~l Boat cleaning and repair. (Cl Electrical. gasoline and diesel motor repair and rebuilding. (Dl Furniture repair. ~l Industrial machinery and heavy~quipment repair (Fl Vehicular repair. including repair of body and fender. and straightening of frame and body.parts. (891 "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: Z4 ZONING CODE REVISION DRAFT - 2/1/98 (Ql Automobile repair. includin¢ auto an inting and motorized bicycle renair. provided all repair work is performed within an enclosed structure and does not include ~gpair of body and fender. and straightening of frame and body arts. ()~l Eyeglasses. hearine aids and prosthetic devices. production and Igpi11L (Cl Furniture upholstery. (Dl Garment repair. (FJ General repair shon. (El Non-motorized bicycle repair. (Gl Radio. television and other household appliance and equipment Lgpair. except for those appliances with gasoline engines. ($1 Shoe repair. (il Watch. clock and jewelry repair. [(50)] (241 "Resort area" means an area with facilities to accommodate the needs and desires primarily of visitors, tourists and transient guests. (21) "Restaurant" means an establishment where food and drink are prepared. served. and consumed primarily within the establishment. (921 "Restaurant- take-out" means an establishment where food and/or beverages are sold in a form ready for consumption. where all or a significant portion of the one su~ption takes place or is designed to take place outside the confines of the restaurant. and where ordering and pickup of food may take place from an automobile. (931 "Retail establishment" means an establishment which sells commodities or goods to the consumer and may include display rooms and incidental manufacturing of goods 2S ZONING CODE REVISION DRAFT - 2/1/98 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 storag~vards for new or used building materials. yards for scrap. salvage operations for storage or di~plav of automobile parts. service stations. repair garages or veterinary clinics and hospitals. [(51)] (Q41 "School" [refers to] means a place for teaching, demonstration, or learning. Unless otherwise qualified, "school" means a place for primarily academic instruction equivalent to what is commonly known as pre-school, kindergarten, [grade] elementary school, intermediate school. high school, trade or vocational school. business school. college or a combination of any of them. ~5 "Self-storage facili " means a structure or structures. containine individual locker compartments which allow individuals access to store possessions in these co~,partments. Each locker or storage area is self-contained and can be secured. [(52) "Story": Refer to Building Code (chapter 5).] SQ¢) "Single-family dwelling" means a building containing only one dwelline unit. [(53)] 1221 "Street" means a [private or public way or thoroughfare, however designated, which affords the principal means of vehicular access to abutting properties] rieht_ of-way for vehicle p~poses and pedestrian traffic. and the placement of utilities. or a private Ijght-of--way for vehicular purposes. which provides access to building sites. 26 20NING CODE REVISION DRAFT - 2/1/96 [(54)] ~ "Street frontage" means that portion of a building site that has a common line with a street right-of--way line [and the]. The street frontage is designated as the front property line. [(55)] (22) "Structure" means [any combination of materials forming any construction the use of which requires] anv~higg above existing_grade constructed or erected with a fixed location on the ground. or requiring a fixed location on the ground, or [attachment] ; to something having or requiring a fixed location on the ground[, and shall be construed as though followed by the words "or part thereof. The term "structure" includes the term "buildine". [(56)] (~4( ) "Surveyor" means a person duly registered as a professional land surveyor in the State. (1011 "Telecommuttications antenna" means an antenna. tower and other accessory structures for radio frequency ($Fl transmissions intended for specific users who must haves cpe ial eauinment for transmission and/or reception. Also included are broadcasting facilities regulated by the Federal Communication Commission O~CCl under the Code of Federal Regulations Par. 74. which includes low power television. Included are land- mobile or two-wav radio. and one-wav radio paeine service broadcastine. Also included are independent receiving facilities which do not q Bali as accPssory~ses. Not included are portable. hand held and vehicular transceivers or radios: industrial. scientific and medical equipment op re ating at frequencies desigrLated for that p~pose by the Federal CottLmunications Commission (FCCI: 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. 2,/ ZONING CODE REVISION DRAfT - 2/1 /98 (10,1 "Theater" means a facility which is used primarily for the performine arts or for the viewing of motion picture films. Included are performing arts centers. concert halls and other lypgs of live theaters. (101 "Time share unit" means anv dwelling unit or other accommodation. which is owned. occupied or possessed. under an ownershjp and/or use agreement amone various persons for less than asixty-dav period in any.year for any occupant. and is reg lu ated under the provisions of chapter 514E. Hawaii Revised Statutes. as amended. [(57)] (1041 [(A)] "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. [(B) "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 therewith. (C) "Land use" includes "use of land," "building use," and "use of building." (58) "Used" includes designated, intended or arranged to be used. (59) "Vista" means a long view, an exceptional view, a panoramic view, or means the overlook or point from which such view is available.] (105) "Warehousing" means the storage of raw materials. finished products. merchandise and/or other goods. within a building subsequent delivery. transfer and/or plCk~llD• i]06) "Wholesaling and distribution" means the sale and/or distribution of manufactured and/or processed products. merchandise or other goods in large quantities for 28 ZONING CODE REVISION DRAFT - 2/1/98 subsequent resale to retail establishments. and/or industrial. institutional and commercial users. [(60) (A)] ~1.QZ2 "Yazd" means an open space on the same lot 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 [certain features specified in division 10, article 1 of this chapter] fences. walls. architectural features. pools. Porte cocheres. cornices. canopies. roof overhangs. eaves. porches. balconies. terraces. fire escapes. stairs. ramps and other similar features authorized in article 4. division 4 of this chapter. and includes: "Front yard" [means] which is a yard lying between the street line on which the lot fronts or the future width line or the plan line for future street and a line pazallel 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 pazallel lines [(See sections 25-62(c).)]. [(C)] 1.$2 "Rear yard" [means] which is a yard lying between the rear lot line and a line parallel thereto extended to intersect the side lot lines, which line runs through the point of a main building nearest the rear lot line. The depth of said yard is the distance between the parallel lines. [(D)] ~ "Side yard" [means] which is a yard lying between the front yazd, the rear yard, the side lot line and a line pazallel thereto which runs through the point of the building nearest to said lot line. The width of said yard is the distance between the pazallel lines. [(60)] ~1$) "Zone" means a district as used in this chapter. 29 ZONING CODE REVISION DRAFT - 2/1 /96 [Article I] Article 2• Administration and Enforcement. Division 1. [Generally] General Administration Section [25-5] 25-2-1. Duties of county officers. (a) [It shall be the duty of the] ~ building official [to] ~1 ~l enforce any provisions of this chapter relative to building construction and occupancy. (b) [It shall be the duty of the] Thg director [to] shall enforce all other provisions of this chapter pertaining to land use. (c) [It shall be the duty of all] All law enforcement officers of the County [to] ~ enforce all the provisions of this chapter. Section [25-6] [Prohibitions in issuance] Issuance of permits or licenses!!r conformance with chapter. All departments, ofiicials, and public employees authorized to issue pennits or licenses shall conform to the provisions of this chapter and [shall issue no permits or licenses for uses, buildings, or other purposes] no permit or license for an building. or other p~pose shall be issued where [it] 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. Section 25-2-3. Review and acceptance of applications. fal Any application filed with the director or the commission. pursuant to this chanter. including but not limited to a zoning amendment. variance. use permit. plan approval. ohana dwelling~ermit. 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 bathe applicant. 3() ZONING CODE REVISION DRAFT 2/1/98 (bl During the fifteen day~eriod. the director shall either determine that the application is complete and accept the annlication as of the date that the application was filed b,~ the applicant or shall determine that the application is defective. (,~,1 If the director determines that the application is defective. the application shall be returned to the applicant together with a deficiency notice which lists the information missing from the application. jd) An~,pnlication that is rgjected as defective may be refiled together with a copy of the deficiency notice and the required additional infonnation. The resubmitted application shall be accepted as complete as of the date of resubmission. provided that all required additional information has been submitted. (el If the director fails to act upo~y~pplication within the fifteen day~eriod. the annlication shall be deemed complete and shall be considered accepted as of the date that the application was filed. fU The director shall publish. on a bi-monthly basis. a list of all applications accepted under this section in at least two newspapers of general circulation in the county. Section 25-2-4. Notice to propel owners and lessees of record of pending 3~plication. (al Whenever an~,pplication under this chepter requires notice to owners and lessees of record of interests in properties within three hundred feet of the perimeter boundarti of the properties affected by the annlication. the applicant shall first serve notice of the filing of the application on such owners and lessees within five working days after the application has been filed with the director or commission. and shall again serve notice of the application and of anY proposed action or public hearing on such owners and lessees. within five working da, s 31 20NING CODE REVISION DRAFT211/86 receiving notice from the director or the commission of the date of the proposed action or hearine• (bl 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 prQpgy~y~x office or from any other data base available to the public. ~G) The notice to the affected propertv owners and lessees shall include the following information: (11 The name of the anp~icant: (21 The precise location of the propertv involved: (31 The nature of the application and the proposed use of the propertv: (41 The date on which the application was filed with the director or the commission: and (51 If the notice is for any_pronosed administrative action by the director or for anv public hearing to be held by the commission. the date on which the administrative action by the director will taken on the application or the date on which a public hearing will be held to consider the application. 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. or the like. The failure of a grope owner or lessee to receive written notice. as provided in this section. shall not invalidate anv action by the director or proceeding by the commission. 32 ZONING CODE REVISION DRAFT 2/1!98 provided that good faith efforts were made b~p~plicant to serve notice on the affected property owner or lessee. Section 25-2-5. Pu61ic hearing notices. (al Whenever published notice is required under this chapter prior to any commission public hearing. except for any action initiated by the director. the commission shall publish notice of the hearing in at least two newspapers of general circulation in the county. at least ten d~ 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 appJv. The notice shall specify the time. date and place of the hearing. its puroose and a description of the property involved. (b? The commission may publish consolidated notices of an~public hearings to be held on the same date: provided that the consolidated notices state specific information regarding the time. date and place. the puroose and a description of the property involved in each matter. Section [25-9] 25-2-6. Waiting period after denial of application [for relief]. Whenever an application for an aznendment to this chapter, or for a vaziance use permit, a plan approval, or a P.U.D.] 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 [received] accepted by the [planning department or planning] director or the commission for a period of one yeaz 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 [planning department or planning] director or commission ma~ permit the filing of [such] a new application prior to the expiration of [such] the one year period. Nothing contained [herein] in this section shall prevent the council or the ZONING CODE REVISION 33 DRAFT 2/1/98 [planning commission] ' ec from [at any time] initiating any proceedings [which either of said bodies may initiate pursuant to] at any time under this chapter. Section [25-10] 25-2-7. Utilization of approvals within two years. Whenever any [variance, use permit, plan approval, or sign approval] permit or approval issued under this ch~pter• not otherwise conditioned, has not been utilized within a period of two yeazs from the date of [final] the written permit or approval, [then without any further action such variance, use permit, plan approval, or sign approval shall become voided and thereafter may not be used] ~g director shall initiate proceedings to invalidate the permit or annroval The proceedine to invalidate the permit or approval shall require written notice to the owner or person who has been issued the permit or annroval prior to either the director or the commission taking action to invalidate the permit or annroval In the event that an appeal is filed regazding anKpermit or annroval issued under this chanter the two period provided for under this section shall not commence to run until a final decision is rendered in the appeal. Section [25-2-11] Effect of changing districts on prior approvals. Every administrative action for any given [parcel of land] iQt becomes void upon the changing of the district within which the pazcel lies unless 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. Section [25-12] 25-2-9. Applications including lesser actions: concurrent aonlications. ZONING CODE REVISION 34 DRAFT 211/98 (a) An application for any administrative action, meaning~y action requiring approval of only the director and not the commission. may include a request for a lesser action without payment [for] Q any additional filing fee provided that any notice of any required hearing shall contain information relating to the total requested or contemplated action. (b) [Each action in the following list shall be a lesser action than any which precedes it: (1) P.U.D.; (2) Variance; (3) Use permit; (4) Plan approval; (5) Sign approval.] Two or more applications involvjpg the same prove 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 sevazatel,~v the commission. (c) [Actions] An action to amend this chapter may be considered concurrently with other administrative and commission actions, but [applications for and decisions thereon shall be accomplished sepazately.] 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 chanter shall be issued sepazately from decisions on other administrative or commission re$uests. Section [25-13J 25-2-10. Privileges granted run with land. All [administrative actions] amendments to this chapter and all permits and approvals issued under this chavter shall apply to the applicable land, building, development, or use and shall not be granted if the action 35 ZONING CO DRAFr?/1/98 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 pazticulaz owner or occupant of any premises. Section 25-2-11. Waiver of rg,~uirements 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 standazds 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 grantine of ?dl}' waiver. the director shall confer with the chief engineer and the manager of the department of water supply and other applicable government agencies. Division 2. [Administration and Enforcement] Ag{leals. Section [25-7] 25-2-20. [Appeals to the board of appeals] Persons who may anneal: procedure• j~ Any person aggrieved by the decision of the director or the commission in the administration or application of this chapter, except for decisions regazding variance hpplications. may, within thirty days after the date of the director or [the] commission's written decision, appeal the decision to the boazd of appeals. [The boazd of appeals may affirm the decision of the director or the commission, or it may reverse or modify the decision if the decision is: (1) In violation of this chapter or other applicable law; or (2) Cleazly 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 cleazly unwarranted exercise of discretion. 36 20NING CODr:nFr Z7 96 The boazd of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessazy for the purposes of this section.] (bl Any~erson aggrieved by the decision of the director or the commission regazdine a variance application may anneal such decision in accordance with the provisions of sections 25- 2-55 through 25-2-57 of this chapter. fcl An appeal shall be in wri(~pg. in the form prescribed by the board of angeals. and shall specify ~e person's interest in the subject matter of the appeal and the grounds of the a}~peal. Anv such appeal shall be accompanied by a filing fee of $250.00. [Section 25-8. Authority of board of appeals. Any person aggrieved by a decision rendered under this azticle may appeal the decision in accordance with section 25-7 of this chapter.] Section 25-2-21. Performance of permit conditions pending appeal.. Whenever any gppeal is filed after a permit or approval has been issued and the permit or approval contains conditions requiring~erfonnance 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. Section 25-2-22. Conduct of ap~gal hearing: costs. In any~ppeal. a full hearing shall be held by the board of appeals in accordance with chapter 91. Hawaii Revised Statutes. A verbatim audio recording or stenographic record shall be made of the hearing and shall remain on file in the office of the boazd of appeals. Copies of such verbatim record of any heazing may be ordered by antip~(r y. with the cost thereof to be paid b} the p ordering such cop pies. Section 25-2-23. Standard of review. The boazd of appeals may affirm the decision of the director or the commission. or it may reverse or modify the decision or remand the decision with appropriate instructions. 3,7 ZONING CODE REVISION DRAFT2/1/98 Section 25-2-24. Adoption of rules. The boazd of appeals shall adopt rules pursuant to chanter 91. Hawaii Revised Statutes. necessary for the implementation of the provisions reeazding appeals. Division 3. Violations. Penalties. Enforcement Section [25-14] 25-2-30. [Approvals void upon failure to comply with conditions] Violations. Any~nproval or permit issued pursuant to the provisions of this chanter shall comply with all ap~glicable regl><irements of this chapter. Failure to comply with [any] conditions imposed as part of [attached to] any [administrative] approval [shall void such approval] Q permit. including variances from the provisions of this chapter. shall constitute a violation of this Section [25-15] 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 yeazs 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 sepazate 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 Hawaii Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes. 3g 20NING CODE REVISION DRAFT?/1/98 (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 modem methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State of Hawaii and the County of Hawaii. (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. 39 ZONING CODE REVISION DRAFT 7/1/86 Section [25-_] Right of entry for authorized personnel. [For the purpose of this article, "authorized personnel" shall be a police officer or a person(s) authorized in writing by the planning director. (a) Right of Entry.] 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 of a [lot] building site a condition which is contrary to or in violation of this chapter which makes the building or premises of the [lot] building site unsafe, dangerous or hazazdous, the authorized personnel may enter the building or premises of the [lot] building site at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises be 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 located 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. Section 25-2-33. Limited liability of authorized personnel. [(b) Liability.] The authorized personnel charged with the enforcement of this chapter, acting in good faith and without malice in the dischazge 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 dischazge 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 [this 4(] ZONING CODE REVISION DRAFT 2/1/98 jurisdiction] the County until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by [this jurisdiction] the ount . Section [25-16] 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. Section [25-16.1] 25-2-35. Administrative enforcement. (a) In lieu of or in addition to enforcement pursuant to sections [25-2-31 and 25-2-32] 25-2-31 and 25-2-32, 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, with a notice of violation and order pursuant to this section. (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; 41 ZONINO CODE REVISION DRAFT 2/1/98 (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 date of its personal service unless the director's decision is appealed to the boazd 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 date of the personal 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 personal service of the order, appeal the order to the boazd of appeals as provided by section 5-6.3 of the County [Charter] charter and sections [25-7 and 25-8] 25-2-20 through 25-2-24 of this chapter[; provided, however, that the boazd of appeals shall not be limited in its review of the director's order to the standards for affirming, reversing or modifying the director's decision contained in section 25-7]. An appeal to the boazd of appeals shall stay the provisions of the director's order pending the final decision of the boazd 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. 42 ZONING CODE REVISION DRAFT?/1/98 (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 yeaz 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 of liens which arise pursuant to the provisions of chapter 19 of this Code. Section [25-17] 25-2-36. Remedies cumulative. The remedies provided in this chapter shall be cumulative and not exclusive. [Division 3] Division 4. Amendments Section [25-18] 25-2-40. When [Zoning Code] zoning code may be amended. This chapter may be amended by changing the boundazies of districts or by changing any other provision in this chapter whenever the public necessity and convenience and the general welfaze require such amendment, and when such amendment would be consistent with the goals. policies and standards of the general plan. Section [25-19] 25-2-41. Who initiates amendment. An amendment may be submitted by[: (1) The council; (2) The planning director; or (3) Owner of the property] the council. the director. er the owner of the pronerty, or any other person with the property owner's consent. 43 ZONING CODE REVISION DRAFT 2/1/96 Section [25-20] 25_2_42. Amendments initiated by property owners and other persons• [(c)] [Application] An application for a change of zoning district a nronerty owner. or anv other Ferson 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 [$100] $500.00 plus $25 per lot or unit nronosed 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 existinP and proposed structures shown thereon, and any other information necessary to a proper determination relative to the specific request. (4) A metes and bounds descryion of the proper prepared by a survey (51 A list of the names addresses and tax ma~key numbers for those rove owners and lesseec of record who are situated within a three hundred foot radius of the prone proposed to be rezoned. (61 A county environmental report. A county environmental report shall not be rgquired for any amendment where either an environmental impact statement or an environmental assessment and negative declazation have been prepared and issued in compliance with chapter 343. Hawaii Revised Statutes. [(4)] ~ Any other plans or information [requested by the director or planning commission; provided that all proposed amendments involving the construction of hotel or 44 ZONING CODE REVISION DRAFr?/7/86 condominium developments, shall require the submission of an environmental impact statement] reouired by rules adopted by the director in accordance with chapter 91. Hawaii Revised Statutes. (bl Within five working days after filing an application for a change of zone. the applicant shall serve notice of the application. as provided this chanter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the propertyproposed for the change of zone. [(a)] u 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 [planning] 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 [two hundred forty] o~ hundred twenty days after [the filing of a properly completed application or such longer period as may be agreed to by the applicant] an application has been accepted by the director. (3) [Upon the director's recommendation, the application shall be forwarded to the planning commission for its review, report, and recommendation which shall be forwarded to the council through the mayor. The applicant shall file a map and description by metes and bounds of the property as certified by a surveyor prior to the planning commission's filing of a report of their findings and action taken to the council.] If the director fails to make a 4S ZONING CODE REVISION DRAFT 1/1/88 recommendation on the proposed amendment within the one hundred twenty day_period:;the gpplication shall be forwazded to the commission without anv recommendation from the director. and the director's failure to act shall be considered an unfavorable recommendation on the application. [(b) Upon receipt of an appeal from the actions of the director relating to an amendment initiated by a property owner, the planning commission shall hold at least one public hearing. (1) At least ten days prior to the public hearing, the planning commission shall give notice thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and place of such hearing, its purpose and a description of the property involved. (2) The planning commission shall also give additional notice by mailing, at least ten days prior to the scheduled date of such hearing, a written notice of the time, date and place of such hearing, its purpose and a description or sketch of the property involved to the owners of all property within three hundred feet of the affected property as well as to owners of all property described in the application; provided, however, that any failure to mail or to receive written notices as aforesaid, shall not invalidate any proceeding for amendment of this chapter. (3) Within a reasonable time after the conclusion of the public heazing, the planning commission shall determine whether the actions appealed from were proper. If the planning commission determines that the actions of the director were improper, it shall so advise the director. If the planning commission determines that the actions of the director were proper, the applicant may appeal the decision to the boazd of appeals.] 46 ZONING CODE REVISION DRAFT' 2/1/98 (dl The commission shall review andapplication initiated b~prop~ owner or other person for a change of zone and shall forwazd its recommendation on the annlication to the council through the mayor for the council's consideration and action. (~,l In reviewing the application. the commission shall hold at least one public hearing and shall provide reasonable notice of the date of the heazing to the applicant. The commission shall also provide notice by~ublication of the heazing. as provided in this chanter. (21 Within five working days after receiving notice of the date of the public heazing. the applicant shall serve notice of the hearing, as provided by this chapter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the prone ronosed for the change of zone and to owners and lessees of record of interests in other properties which the commission may find to be directly affected by the pronosed amendment. (31 Within ninny days after receipt of the annlication from the director. unless a longer period is agreed to by the applicant. the commission shall transmit the pronosed 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 lgjection 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 to have been rejected bj the commission. and the application shall be transmitted through the mayor to the council with such recommendation. Section [25-21] 25 2-43. Amendments initiated by the council and director. (a) Any amendment initiated by the council or by the director shall be prepared by the director and reviewed by the [planning] commission. 4,7 ZONING CODE REVISION DRAFT 717/98 (b) [The director shall study the proposed amendment and shall submit a recommendation to the planning commission for its review and recommendation to the council. (1) Upon receipt of a proposed amendment from the director, the planning commission shall hold at least one public hearing. (2) At least ten days prior to the public hearing, the planning commission shall give notice thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and place of such hearing, its purpose and a description of any property which may be involved. Notice by mailing, as provided in section 25-20(b) shall also be given. (3) Within a reasonable time after the conclusion of the public hearing, the planning commission shall recommend the approval or disapproval of any proposed amendment and shall file a report of its findings and action taken with the council.] The council may initiate anv amendment by resolution duly adopted. which instructs the director to nrenaze the pronosed amendment. The director shall prenaze the requested council initiated amendment and shall forwazd the amendment. together with the director's recommendation thereon. to the commission for its review. within sixty days from the date of the council's resolution. If the director fails to make a recommendation on the proposed amendment within the sixty day~eriod. the pronosed amendment shall be forwarded to the commission without any recommendation from the director. (cl Any amendment initiated by the director shall be submitted to the commission together with the director's justification and recommendation on the amendment. (dl Upon rece(pt of a pronosed amendment from the director. the commission shall hold at least one public hearing 48 ZONING CODE REVISION DRAFT?Jt/98 (gl Notice by mail to owners and lessees of record of properties within three hundred feet of the r~nerty affected shall not be rewired for any amendment initiated by the council or the director•,.provided. that notice to owners of all properties subject to the proposed amendment shall be nrovided by mail by the director. no later than thirty days prior to the public heazing being held on the aznendment by the commission. In lieu of mailing written notice to neighboring~ronerty owners and lessees of record. the director shall publish notice of the p!!l21ie 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 da~prior to the hearing. The notice shall specify the time. date and place of the heazing. its purpose and a description of anYpropertv which may be involved. API Within shy days after receipt of the amendment from the director. 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 amendment. In the event that the commission fails to act on the amendment within the sixty-day_period. the amendment shall be considered to have been rejected by the commission. and the change of zone ordinance shall then be submitted through the mayor to the council with such recommendation. Section 25-2-44. Conditions on change of zone. (al The council ma~pose conditions on the use of the propet~ subject to the change of zone provided that the council finds that the conditions aze: (Il necessary to prevent circumstances which may be adverse to the public health. safety and welfaze: or 49 ZONING CODE REVISION DRAFT211/98 (21 reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (Al Protection of the public from the potentially deleterious effects of the proposed use. or (Bl Fulfillment of the need for public service demands created b, proposed use. (b~ Changes or alterations of conditions shall be processed in the same manner as the zone change. unless the council in the change of zone ordinance authorizes the changes or alterations to be made by the director. A request for an,~ge or alteration of conditions shall be submitted in writing to the director. in lieu of the aQplication required for an applicant initiated change of zone. The request shall be accompanied by a filing fee of $250. (cl Failure to fulfill any conditions of the zone change within the specified time limitations. or anv extensions thereto. may be grounds for the enactment of an ordinance making further zone changes or rezoning the affected property back to its original zoning designation or a more appropriate zoning designation. upon initiation by either the director or the council in accordance with the county charter. Section [25-18.1] 25-2-45. Nonsignificant zoning changes. (a) The [planning] director may administratively grant ~,y nonsignificant zoning [changes] change which is defined as a change in district classification. (1) which does not result in an increase or decrease in any zoning designation affecting more than five percent or one acre of any parcel of property, whichever is less, and (2) which is in compliance with the general plan and development plan designations of the property]. A nonsignificant zoning change must comply with the general 50 ZONING COD~E~R~ y1fO9N6 elan and development plan designations for the property and must either (11 not result in a net increase in the density of the zoning designation of the affected azea: or {2) be the lesser of (il an increase or decrease in azea of any zoning designation which is either not more than five percent. or (iil one acre of anKpazcel of land. (b) The director shall [promulgate] adopt rules in [compliance with HRS chapter 91 ] accordance with chanter 91. Hawaii Revised Statutes. to carry out the provisions of this section [of the law]. [Division 4] Divi i n .Variances Section [25-22] 25-Z-50. Variances erm' Vaziances from the provisions of this chapter may be granted; provided that a vaziance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a vaziance shall not primazily effectuate relief from applicable density limitations. Section [25-23] 25 2-51. Grounds for [variances] variance. [No] A vaziance may ~ be granted [unless it is found that]] if the following is found: (a) There aze 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 aze no other reasonable alternatives that would resolve the difficulty; and (c) The variance [shall be] j,E 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 welfaze or cause substantial, adverse impact to an azea's chazacter or to adjoining properties. S L ZONING CODE REVISION DRAFT 2/1/96 Section [25-24] 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 [$100] 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 owners and lessee of record of property interests in property [that is] within three hundred feet of the perimeter boundary of the [applicant's] property for which the variance is soueht; and (5) Any other plans or information required by rules adopted by the director accordance with chanter 91. Hawaii Revised Statutes. Section [25-25] 25 2-53. [Procedure for variances] Notice of action on variance apnlication. (a) [Notice to Owners of Property Interests.] Upon [receipt and] acceptance of a [properly filed and completed] variance application, the [department] i t shall fix a date for the director's [consideration of] action on the application. Within [three] five working days after receiving notice of such date, the applicant shall serve notice of the application. in accordance with this chapter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the [applicant's] property for which the variance is soueht. and to owners and lessees of record of interests in other properties which the director may find to be directly affected by the vaziance sought. [Such notice shall state: 52 ZONING CODE REVISION DRAFT 2/1/98 (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. (6) 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 actual receipt of the director.] ~.l The director shall publish notice. in accordance with the provisions of this chapter. of the date of the proposed decision by the director and the date by which written comments must be in actual receipt of the director. Section [25-26] 25 2-54. Actions by director on [variances] variance. The director shall, within sixty days after [the filing of a proper] accep~nce of a vaziance application [or within a longer period as may be agreed to by the applicant], deny the application or approve it subject to conditions. 53 ZONING CODE REVISION DRAFT 2/1198 [(a)] ~ 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. [(b)] ~ 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. [Such denial is appealable pursuant to section 25.27.1 of this article.] Section [25-27] 25-2-55. Review of director's action [(by non-applicant)] h}~ non-applicant. (a) [Request for Review.] If the director grants a variance over the timely written objection submitted by an ["interested party"] interested party, [which means a person: (1) Who has a property interest in the subject property; (2) Who owns property within three hundred feet of the subject property; or (3) Who can otherwise demonstrate to the satisfaction of the planning commission that such person will be so directly and immediately affected by the proposed variance that its interest in the action is clearly distinguishable from that of the general public, then that] the interested parry may request the [planning] commission's review of the director's action. For ~~ose of this section. an "interested party" means a person who (1 has a property interest in the subject grope : or (21 owns property within three hundred feet of the subject prone : or (31 can otherwise demonstrate to the satisfaction of the commission that such person will be so directly and immediately affected b~ the proposed variance that the person's interest in the action is clearly distinguishable from that of the general public. [Such] ~ request by an interested party must be made ' wri in within ten working days after notice of the director's 54 20NING CoD~E~R~ y'O~e decision, and shall [be in writing, containing] contain a statement of [its] 1]}g grounds of the Abjection The request shall be accom an~v a non-refundable filing fee of $250. (b) [Procedure for Review. (1)] The [planning] commission shall [consider] accent a request for review of the director's action only if the request is submitted in writing lZv an interested party within the time period prescribed by subsection above The commission shall consider the request at a rggulaz y scheduled meeting_of the commission, at which time the applicant and the person who requested such review shall have an opportunity to be heazd. [(2)] Within forty-five days after the receipt of a request for review, the [plazuring] commission shall determine either that the director granted the variance properly or that sufficient cause exists for a public heazing on the matter. [(3)] If the [planning] commission fails to make such detennination within the prescribed time, the director's action shall be considered as having been affirmed. (c) [Notice and Heazing. (1)] If the [planning] commission determines that a public hearing is necessary, it shall promptly schedule the public hearing at which time the applicant. any interested party, and members of the general public shall have the opportunity to be heard on the application. T~,ig commission shall not hold a contested case hearing. as defined in chanter 91. Hawaii Revised Statutes. on any variance application. [(2) Notice of the public heazing and its purposes shall be provided by the planning commission to owners of interests in property within three hundred feet of the perimeter of the subject property by mail postmarked at least ten calendaz days prior to the date of the hearing. SS ZONING CODE REVISION DRAFT 2/1/98 (3) The planning commission's proceedings and action shall not be void should such an owner of a property interest fail to receive actual notice of the public heazing. (4) Notice of the public hearing and its purposes shall be published in a newspaper of general circulation in the County at least ten days prior to the date of the public hearing.] (dl Within five working~ys after receiving notice of the date of the public hearing,~lig interested party shall serve notice of the hearing. in accordance with the provisions of this chapter. on the annlicant and on owners and lessees of record of interests in pronerties within three hundred feet of the perimeter boundary of the affected ~rop~ and on owners and lessees of record of interests in other properties which the commission may find to be directly affected ~v the vaziance sough, (el The commission shall provide notice by_publication of the public hearing in accordance with the nrovisions of this chanter. [(d) Actions on Review. (1)] ~Q Within [sixty] nin days of its decision to hold a public heazing on the matter, or within a longer period as may be agreed to by the applicant, the [planning] commission shall either deny the vaziance application or approve it subject to conditions, stating the factual findings supporting the variance denial or approval. [(2)] If the [planning] commission fails to render a decision within the prescribed time, the director's action shall be considered as having been affirmed. Section [25-27.1] 25-2-56. Appeal of director's action [(by applicant)] ¢y annlicant. 5t) 20NING CODE REVISION DRAFT 2/1/88 (a) If the director denies [the] a variance application, such decision is final except that, within thirty days after [notice of the decision] the date of the written decision, the applicant may appeal such action to the [planning] commission. (b) [Form and Filing.] An appeal by an applicant to the [planning] commission shall be submitted in writing to the [depaztment] commission on a form prescribed by the [planning] commission and shall be accompanied by: (1) Anon-refundable filing fee of [$100] 2 0; and (2) Ten copies of a statement of the specific grounds for the appeal. (c) [Notice and Hearing. (1) Notice of the public heazing and its purposes shall be published in a newspaper of general circulation in the County at least ten calendaz days prior to the date of the hearing. In addition and pursuant to the same notice period, the department shall provide written notice to persons who had submitted timely objections before the director's action. (2)The planning commission shall conduct a public hearing within a period of ninety days from the date of receipt of a properly filed appeal, unless that period is waived by the appellant.] The commission shall provide notice b~publication of the public heazing in accordance with the provisions of this chapter. (d) The commission shall provide written notice of the public hearing. at least ten davs prior to the heazing. to persons who had submitted timely~bjections to the variance application before the director's action. (e) The commission shall conduct a public hearing within a period of sixty days from the date the written appeal is accepted by the commission. unless that period is waived by the 5,7 ZONING CODE REVISION DRAFT 2/1/96 apolicant. The commission shall not hold a contested case hearing~as defined under chanter 91. Hawaii Revised Statutes. on any variance application. [(d) Actions on Appeals. (1)] ~ Within [sixty] nine days afer [the close of the public hearing] acceptance of an annlicant's variance appeal. or within such longer period as may be agreed to by the [appellant] a li an ,the [planning] commission shall affirm, modify, or reverse the director's action. [(2)] ~ All actions of the [planning] commission shall contain a statement of legal and factual bases for its decision in accordance with the criteria contained in section [25-23] 25-2-51 of this article. [(3)] t(~i A decision to affirm, modify, or reverse the director's action shall require a majority vote of the total membership of the [planning] commission. [A decision to defer action on the appeal shall require a majority vote of the planning commission members present at the time of the motion for deferral.] If the [planning] commission fails to render a decision to affirm, modify, or reverse the director's action within the prescribed period, the director's action shall be considered as having been affirmed. Section [25-27.2] 25 2_57. Further appeal rights. [(a)] All actions of the [planning] commission aze final except that, within thirty days after [notice of action] the date of the written decision, [the applicant or an "interested party" (as defined in section 25-27 of this azticle) in the proceeding before the planning commission,] ~y person aggtieved by the decision of the commission may appeal such action to the boazd of appeals in accordance with its rules. 58 ZONING CODRAFf 7/7/86 [(b) All actions of the boazd of appeals aze final except that they are appealable to the Third Circuit Court in accordance with chapter 91 of Hawaii Revised Statutes.] [Division 5] Division 6. Use Permits Section 25-2-60 Purpose Use permits aze permits for certain permitted uses in zonine districts which require special attention to insure that the uses will neither unduly burden public aeencies to providgpublic services nor cause substantial adverse impacts upon the surroundine community Section [25-28] 25 2-61. [Use] Aoolicability: use permit required. (a) [A use permit shall be obtained from the planning commission for the following uses within designated County-zoned districts unless specifically permitted in a zoned district.] ~gi following uses shall be permitted within designated county zoning districts only if a use permit is obtained for the use from the commission: [(1) All districts, except ML, MG and O districts: churches, temples, and other institutions of a religious, cultural, philanthropic, or chazitable nature. A minimum lot area often thousand squaze feet is required within the RS, RD, RM, and RA districts. (2) All districts, except V, MG, and O districts: private and public schools, nursery schools, schools for the handicapped, and day caze facilities. A minimum lot azea often thousand squaze feet is required within the RS, RD, RM and RA districts. (3) All districts, except RS, RD, RM, RA, V, S and CN districts: crematories, mausoleums, columbaziums, cemeteries, and any other place for the disposal of the human dead. (4) In RS, RD, and A districts: lodges, social orders, and fraternal organizations; provided that, structures and facilities shall be located at least thirty feet from any property line. 59 ZONING CODOE~R~ (5) In all districts, except S and O districts: hospitals; medical and dental facilities; old age, convalescent, nursing, and rest homes, and other similar uses devoted to the care or treatment of the aged, the sick, or the infirm. A minimum lot area of ten thousand squaze feet is required within the RS, RD, RA and RM districts. The ten thousand squaze feet minimum lot azea and use permit requirements shall not apply to caze homes and boazding homes licensed by the depaztment of health and department of social services as defined in section 25-4, article 1 of this chapter. (6) In all districts, yacht hazbors and boating facilities and other lazge major recreational uses including accessory uses that are an integral pazt of the major recreational aspect, which accessory uses, may be of a commercial or nonnoxious industrial nature. The intent of this permissive regulation is to allow, where appropriate, major recreational developments having complete and homogeneous facilities. None of these uses may be established in any O district unless the proposed use, in its entirety, is compatible with the stated purpose for adopting the O district. (7) In all districts, except RS, RD, RM, S, CO, CG, CV, CN and V districts: commercial excavation or removal of natural building materials or minerals. (8) In all districts: helicopter pads or heliports. (9) In RS, RD, and RM districts: keeping or raising of animals with the exception of pigs. (10) In the ML districts: public dumps. (11) In the ML districts: sale, storage and sorting of junk, waste, scrap, discazded or salvaged material, machinery, automobiles or equipment, but not including processing. 60 ZONING CODE REVISION DRAFT 2H/88 (12) In A and U districts: Golf courses and accessory services, including golf clubhouse and pro shop/restaurant facility. (13) In RD, RS, RA, A, IA and U districts: bed and breakfast establishment.] (11 Bed and breakfast establishments in RS districts. (..?l Cemeteries. crematoriums and mausoleums in all districts. X31 Churches temples and s~gQgues including meeting facilities for churches t~plec sx~nvnec and other such institutions in RS RD RM R_A A and IA districts• provided that a minimum lot azea of ten thousand sauaze feet is required within the RS RD RM and RA districts. (41 Day care facilities in RS. RD. RM. RCX. RA. A. and IA. districts. provided that a minimum lot area of ten thousand squaze feet shall be required within the RS RD RM RCX and RA districts. (51 Hospitals. sanitaziums. old age. convalescent. nursing and rest homes. and other similar uses devoted to the care or treatment of the aged the sick or the infirm in the RS R11_ RM. RCX. RA. A. IA. and V_ districts. provided that a minimum lot area often thousand sauaze feet shall be required within the RS. RD. RM. RCX and RA districts. (6) Major outdoor amusement and recreation facilities in RS. RD. RM. RCX. RA. A. CN. CG. CV. MCX. ML. MG and O districts. (71 Mortuaries in RS. RD. RM. RCX. RA and A districts. (8) Schools in RS. RD. RM. RCX. RA and A. districts~nrovided that a minimum lot area of 10.000 squaze feet shall be required within the RS. RD. RM RCX and RA districts. (Ql Yacht harbors and boating facilities in the RS. RD. RM. RCX. RA. V. CG. CV. MCX. ML. MG and O districts. 61 ZONING CODE REVISION DRAFT 2/1198 (101 Other unusual and reasonable uses which aze not specifically permitted in any zoning district with the approval of the director. (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 pazcel and may be expanded or enlarged without obtaining another use permit provided such expansion, enlazgement or addition is in full compliance with chapter [25] and [its] the annlicable district regulations. A use permit shall not be required for any use described in subsection (~,l above. if a special permit is obtained for that use. pursuant to section 205-6. Hawaii Revised Statutes. Section [25-29] 25-2-62. [Procedure] Application for [obtaining] use permit; requirements. (a) [Application] An application for a use permit shall be made to the [planning] commission, in accordance with its rules [of procedure and], on a form prescribed by the [planning] commission. (b) The application shall be accompanied by: (1) A filing fee of [$100] ~Q. (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 [and], addresses and tax man key numbers [of all owners of property interests in property located] for those prone owners and lessees of record who are 62 ZONING CODE REVISION DRAFT 7Jt/88 situated within a three hundred [feet] foot radius of the perimeter boundary of the [applicant's] property for which the use permit is soug[il; and (5) A written description of the proposed use and a statement of objectives and reasons for the request, [addressing how: (A) The proposed use will still be consistent with the general purpose of the zoned district, the intent and purpose of this chapter, and the County General Plan; (B) The proposed use will not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character or to surrounding properties; (c) The proposed use will not adversely affect similar or related existing uses within the surrounding area, community or region; and (D) The proposed use will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure.] includinp~ analysis of how the request satisfies each of the standazds contained in section 25-2-65. Section 25-2-63. Procedure for use ep rmit• [(c)] j~1 Upon [receipt and] acceptance of a [properly filed and completed] use permit application, the [planning] commission shall fix a date for [the] ~ public heazing. The public heazine [which] shall be [held within] commenced no later than sixty days [of receipt] after the acceptance of a [properly filed] use permit application [or within a longer period as may be agreed to by the applicant] by the director. A contested case. as defined in chapter 91. Hawaii Revised Statutes. shall not be held by the commission for an~permit application. 63 ZONING CODE REVISION DRAFT211/98 ~b,2 Within [three] fiv working days after filing a use en rmit application. the applicant shall serve notice of the application. in accordance with the reauirements of this chapter. on the owners and lessees of record of interests in prooerties within three hundred feet of the perimeter boundary of the prone for which the use permit is sought. In addition. within five workine days after receiving notice of [such] the date of the public hearing, the applicant shall serve notice of the [application] hag, in accordance with the requirements of this chapter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the [applicant's] of ectg~ property and [to] g~ owners and lessees of record of interests in other properties which the [planning] commission may find to be directly affected by the use permit 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; and (4) The date on which the public hearing will be held to consider the application. Prior to the public hearing, the applicant shall submit to the planning commission proof of service or of good faith efforts to serve notice of the application of the designated property owners. Such proof may consist of certified mail receipts, affidavits, or the like. (d) At least ten calendar days prior to the date of the public hearing, the planning commission shall publish, in a newspaper of general circulation in the county, notice of the hearing.] (cl Prior to the public hearing. the commission shall publish notice of the public hearine in accordance with the requirements of this chapter. ZONING CODE REVISION DRAFT 217/98 Section 25-2-64. Action on use permit. [(e)] ~ Within [sixty] ninety days after [the conclusion of the hearing or within such longer period as may be agreed to by the applicant] acceptance of a use permit application, the [planning] commission shall [render a decision] either den, or approve the application. (bl In approving an~usgpennit anplication. the commission may issue the approval subject to conditions. The conditions imposed by the commission shall beaz a reasonable relationship to the use permit granted. and shall be accompanied by a statement of the factual findings supporting the approval and the conditions imposed. ~ If the [planning] commission fails to render a decision within the prescribed period, the application shall be considered as being approved. Concurrent requests may be acted upon by the [planning] commission in conjunction with [the] ~ use permit [procedures] anplication. Section 25-2-65. Criteria for granting a use permit. [(f)] A use permit [may] ~ be granted by the [planning] commission upon finding that: (1) The granting of the proposed use will be consistent with the general purpose of the [zoned] zoning district, the intent and purpose of this chapter, and the [County] general plan; (2) The granting of the proposed use will not be materially detrimental to the public welfaze nor cause substantial, adverse impact to the community's chazacter or to surrounding properties; ~ (3) [The granting of the proposed use will not adversely affect similaz or related existing uses within the surrounding azea, community or region; and 6S ZONING CODOE~R~ ~'O~NB (4)] The granting of the proposed use will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure. Section 25-2-66. Appeal of a use permit decision. [(g)] Within thirty days after [receipt] the date of the [planning] commission's written decision, [an applicant] ggy person aggrieved by the decision may appeal [said] the commission's [decision in writing] into the board of appeals [pursuant to] in accordance with its rules. Section 25-2-67. Revocation of a use permit. U A use permit shall be revoked by the commission at the request of any propertv owner who holds the use permit sought to be revoked or at the request of anv other person with thgp~y owner's consent upon the submission of a written statement to the commission veri , pine that the use approved under the use permit issued has either not been established or has been abandoned. fib) The commission may revoke any use permit upon request of the director if: (11 There have been continual violations of the use permit: or (21 The use authorized under the use permit is creating a threat to the health or safe f the community: or (31 The use authorized under the use permit has been abandoned for a continuous period of twos f cl The proceeding to revoke a use permit. upon reouest of the director. shall require written notice to the property owner and to the person who has been issued the permit prior to the commission taking~ction to revoke the permit. 66 ZONING CODE REVISION DRAFT 2/1/98 ~I A nronem owner or other person affected by the ,posed revocation of a use uermit ordered by the commission maY within thirty days after the mailing of the commission's order anneal the commission's acti n to the board of appeals as provided by section 5-6.3 of the ounty charter a_nd sections 25-2-20 through 25-2-24 of this chapter A_n anneal to the board of a~nealc shall stag} the provisions of the commission's revocation order pending the final decision of the board of appeals. Division 7. [Article 20] Plan Approval Section [25-241] 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 pgrtinent conditions of previous approvals related to the development have been implemented. [It provides discretionary control over precise plans for development.] Section [25-242]25 2-71. Applicability; plan approval required. (a) [ No structure may be erected, no use may be established and no significant development or improvement of structures or of land may be accomplished in RS, V, CO, CV, CN, CG, ML, MG, U, O or CDH districts or within seventy-five feet of the right-of--way of any road, street or highway designated on the zoning map as a tourist route, unless plan approval has first been secured for such structure, use, development or improvement.] Plan approval shall be r~quire~ prior to the construction or installation of anv new structure or development or anv addition to an existing structure or development in all districts except in the RS RA A and IA districts. 67 20NING CODRAFT?/1/98 (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (11 Residential to commercial use: (2) Wazehouse and manufacturing to retail use. (c) Plan approval shall be required in all annlicable districts prior to the construction or establishment of the following improvements and uses: (1) Bed and breakfast establishments as permitted under section 25-4-7 j2) Home occttpations. as permitted under section 25-4-13. (3) Public uses structures and buildings and community buildings as permitted under section 25-4-11. (41 Telecommunication antennas and towers. as nennitted under section 25-4-12. ~SLTemno~ry real estate offices and model homes. as permitted under section 25-4-8. ~6L utility substations. as authorized under section 25-4-11. (d) Plan annroval chall be required in the A and IA districts prior to the construction or installatic~ nw new structure or development. or of any addition to an existing structure or development which is to be used for maior or minor agricultural products processing, [(b)] jg.~ 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 [therefor]. Section [25-243] 25-2-7 . Application for plan approval.• requirements. 68 ZONING CODE REVISION DRAFT 2Ii/96 (a) [Application] An application for plan approval shall be on a form approved for such purpose by the director and shall be accompanied by_ ~ [a] ~ site plan, drawn to scale and fully dimensioned indicating clearly the following information: [(1)] jA) The location and dimension of the building site; [(2)] The location, size, height, and use of all existing and proposed structures; [(3)] ~ All yazds and open spaces; [(4)] (ju Location, height, and material of all fences and walls; [(5)] ~E,1 The standard of improvement and location, number, and size of spaces, arrangement and on-site circulation of all off-street pazking and loading facilities including points of access thereto from adjoining streets; [(6)] The location, general nature, and type, and protection or shielding devices of all exterior lighting; [(7)] ~ All proposed landscaping and planting; n [(8)] ~H1 All proposed street dedication and improvement if any[; and], [(9)] ~ Any other information required by rules adopted bX the director~n ?ccordance with chapter 91. Hawaii Revised Statutes. Section 25-2-73 Plan approval application requirements for bed and breakfast establishments In addition to the application requirements for plan approval contained in section 25-2-72 an anplication for plan approval for a bed and breakfast establishment shall contain the following information: 69 ZONING CODRAFT 2/1 88 (11 The designation of each pronosed bed and breakfast guest bedroom on the site plan: X11 A r~pv of the operator's current transient accommodations tax license and general excise tax license: (31 Documentation to verify that the bed and breakfast establishment complies with all applicable requirements of the state department of health: and (41 Documentation to verify that the bed and breakfast establishment coal} 1~ ies with all of the accessibility requirements under the Americans with disabilities (,ADAI act. 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 apluoval for a telecommunication antenna or tower shall contain the following information: U A plot plan showing the location of the proposed antenna or tower (x71 A statement from the Federal Aviation Administration that the application has not been found to be a hazard to air navigation: and (31 A statement from the Federal Communications Commission that the gpplication complies with the lggulations of the Commission or a statement that no such compliance is necessary. Section [25-244] 25 2-75. [Consideration of application; decision] Action on plan annroval application. (a) [The director within forty-five days after the application is filed in its offices or within a longer period agreed to by the applicant, shall consider the application for plan approval ,70 20NING CODE REVISION DRAFT 2/7/98 together with all accompanying data and shall either deny, approve, or defer the application subject to conditions or alterations. (1) The director shall consider the application and the proposed use in relation to the sun•ounding property, improvements, streets, traffic, community characteristics, natural features, and in any other manner in order to assure and may require: (A) Adequate light and air, and proper siting and arrangements of all structures and improvements; (B) That existing and prospective traffic movements will not be hindered; (C) That the use is properly landscaped commensurate with the use and its surroundings; (D) That unsightly areas aze properly screened or eliminated; (E) That there is adequate off-street pazking to serve the use, regazdless of the otherwise minimum requirements of this chapter; (F) That no potential accident hazards will be created in gaining access to the pazking azeas; and (G) That within reasonable limits the natural features, if any, of community value aze preserved. (2) To this end the director shall require any conditions or changes in the proposal which, in the director's opinion, aze necessary to carry out the purposes of this chapter and the above- mentioned, specific considerations and permissive requirements.l (b) [If the application is approved, then the proposal for which the application was made shall be accomplished and maintained in conformity with the terms, specifications and conditions of the approval.] The director may issue plan approval subject to conditions or ,71 ZONING CODE REVISION DRAFT 2/1/96 phanges in the proposal which in the director's opinion are necess tart' o c<~y out and further the numoses_, ~f this chapter and the considerations contained in section 25-2-76. (c) [If the director fails to act within the forty-five day period or within such longer period as may be agreed to by the applicant, the application shall be considered approved without further certification by the director.] The director may onl, i~plan approval for a bed and hrPakfact establishment if the proposed use meets all of the conditions contained in sections 25- 2-76 and 25-4-7 and if the operator of the bed and breakfast establishment provides all verification required under section 25-2-73. (d) [Any person aggrieved by the decision of the director may appeal the decision in accordance with article 1, section 25-7 of this chapter]. The director may only issue plan approval for a telecommunication antenna or tower if the nrpnosed use meets all of the conditions contained in sections 25-2-76 and 25-4-12 and if the applicant provides all verification required under section 25-2-74. (el The director may only is ue plan approval for a home occupation if the proposed use meets all of the conditions in sections 25-2-76 and 25-4-13. (fl The director may only issue plan approval for a temporary model home or real estate nffi~e ;f the proposed use meets all of the conditions in section 25-2-76 and 25-4-8 (el If the director fails to render a decision on a plan approval plication within the prescribed period the application shall be considered approved without further certification by the director. Section 25-2-76. Review criteria and conditions of approval. (al In reviewing a elan approval application the director shall consider the proposed ctmorure development or use in relation to the sun•oundine property improvements streets ,72 ZONING COD~E~R~~, 96 traffic. community characteristics. natural features. and may require conditions or changes to assure: (11 Adequate lieht and air. and proper siting and arrangements of all structures and improvements: Existing and prospective traffic movements will not be hindered: U~p r andscapine is provided that is commensurate with the structure. develonment or use and its surroundines: (41 Unsightly areas ar~pronerly 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: Access to the parking areas will not create potential accident hazards: and (Z1 Within reasonable limits. any natural and man-made features of community value are preserved. (bl The director shall require any conditions or changes in the proposal which. in the director's opinion. are necessary to cane out the purposes of this chanter and the considerations contained in subsection above. Section 25-2-77. Construction in conformity with plan approval. Every structure. development and chang~of use for which plan approval is issued shall be constructed and developed in accordance with the terms specifications end conditions contained in the plan annroval permit. Section 25-2-78. Appeal of a In an approval decision. [(d)] Any person aggrieved by the decision of the director in the issuance of a,plan ~proval decision may appeal the [decision in accordance with article 1, section 25-7 of this ,73 ZONING CODE REVISION DRAFT 2H/96 chapter] director's action to the board of anneals in accordance with its rules within thirty days after date of the director's written decision. ,74 ZONING CO DRAFT Z7 9B [Article 2] Article 3. [Land Use] Establishment of Zonin¢ Districts Section [25-80] ~5-~-1. Designation of districts. (a) The [land use] z9lliIIe districts of the County shall consist of the following districts: (1) RS, single-family residential districts ([article 4] article 5. division 1). (2) RD, double-family residential districts (article 5. division 2) (3) RM, multiple-family residential districts ([article 6] article 5. division 31. (4) RCX. residential commercial mixed districts (article 5. division 41. [(4)] ~ RA, residential and agricultural districts ([article 7] article 5. division [(5)] ~ A, agricultural districts ([article 8] article 5. division 6). [(6)] ~ IA, intensive agricultural districts ([article 9] article 5. division 7). [(7)] ~$1 V, resort-hotel districts ([article 10] article 5. division 81. [8) CO, commercial districts (article 11).] (9) CN, neighborhood commercial districts ([article 12] article 5. division 9). (10) CG, general commercial districts ([article 13] article 5. division 10). (11) CV, village commercial districts ([article 14] article 5. division 11). (12) MCX. industrial commercial mixed district (article 5. division 12). (13) ML, limited industrial district ([article 16] article 5. division 131. [(12)] ~ MG, general industrial district ([article 15] article 5. division 14). [(14)] ~ O, open district ([article 17] article 5. division 15). [(15) U, unplanned districts (article 18). (16) Combining districts (section 25-81). (17) CDH, downtown Hilo commercial district (article 26).] 7S ZONING CODOE~R~ ~;O~N (16) Special districts rticle 71. (]2)~ly buildine ite wi hip he co mercial office (mil di trict a of he date of he adoption of this section. shall automatically be redesignated as a general commercial (CGl dicrrict. wi h he me i imam land area required for each building site. and apy buildine site within th_e udplanned (Ul district as of th_e date of the adoption of this section. shall automatically be redesignated as an agricultural (Al district wish a mi im m lot size of five a r (p.-Sal. Any building site within a combirillg district which combines a safety (Sl district or a safety flood hazard (SFl district with another zocing dic ric . a of he date of the adoption of this section chap be redesignated so that the safety ore safety. flood hazard district designation. whichever is applicable. is removed as a zoning district designation for the b ~iL lding site. The redesi ion provided for under hic cub ection h 11 occur 'mmediately gpon adoption of this section. without any action required on the part of any land owner. The director shall cause all zone maps and the zoning man to be corrected to reflect the redesignation described in this subsection. [Section 25-81. Designation of combining districts. (a) Combining districts shall consist of the following special purpose districts: (1) S, Safety districts (article 19). (2) SF, safety flood hazard districts (article 19).] Sect;on 25-3-2. Designation of special districts. The special zoning districts of the Coup hall consist of the following: ~ Kailua Village design commission (article 7. division 11. (21 CDH. Downtown Hilo commercial district (article 7. division 21. (31 Geothermal subzone districts (article 7. division 31. ZONING CODE REVISION 76 DRnFr vvss (41 Special districts (article 6. division 41. Section [25-82] 25-3-3. Method and effect of establishment of districts. (a) Any of the districts listed in sections [25-80 and 25-810] ?5-3-1 and 25-3-2 of this article 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 3] article g 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 [planning department] 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~nrovided. that non-significant changes to the boundary of any district may be administratively annroved 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 [code] c~pter so long as a summary of the ZONING CODE REVISION 77 DRAFT 2/1/96 ordinance is included in this chapter or in an appropriate annex to this chapter. The summary which shall be maintained and updated by the [planning department] 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. 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 maybe established and shown on any section of the zoning~p as provided in sections 25-3- 3 and 25-8-1 of this chanter. Section [25-83] 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 [section and elsewhere] chanter. [(1)] ~ [No] A11y building, structure, or land [shall hereafter be] used or occupied after May 24. 1967 and [no] >'#ny building or structure [shall be] erected, constructed, reconstructed, moved or structurally altered after May 24, 1967 [unless in conformity] ~1[ comely with all of the regulations [herein] specified in this chanter for the district in which such structure, land or premises is located. [(2)] ~ [No] Any building or other structure [shall be] erected or altered after May 24, 1967 [to] shall not: [(A)] ~ Exceed the height; 78 ZONING CODE REVISION DRAFT 2/1/96 [(B)] ~ Accommodate or house a greater number of families; [(C)] ~ Occupy a greater percentage of lot area. if provided by the zonine [(D)] ~ Have narrower or smaller reaz yards, front yards, side yazds, or other open spaces than herein permitted; or [(E)] l,51 In any other manner be contrary to the provisions of this chapter. [(3)] ~ No [part] 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. [(4)] ~ [No] Ariy yard or lot existing as of September 11, 1966, shall ~ be reduced in dimension or azea below the minimum requirements set forth [herein] in this chanter. [Yards and lots] A~ly yard or lot created after May 24, 1967, shall meet at least the minimum requirements established by this chapter. Section [25-84] 25-3-6. Rules for interpretation of district boundaries. [(a)] Where uncertainty exists as to the boundaies 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; 79 ZONING CODE REVISION DRAFT 2/1/96 (4) Boundaries indicated as following [shore lines] the shoreline shall be construed to follow high water lines, and in the event of change in the [shore line] shoreline shall be construed as moving with the actual highwater 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. Section 2_5-3-7. Dictri t 1 ccifi ation of tree c. le c o herwi a de igrLated in this chanter. the area of any street. rig t-of-way or easement is considered to be and shall be classified within the immediatPly~a jjacent district a_nd if there be more thin one district then each shall extend to the center of the street. rig -of--way or easement. Section 25-3-5. Legal effect of establishment of building lines, future width lines. and plan lines. jal Whenever a buildine line is established alone anv street on the zoning man. the miiimum front yard for anv affected propg~y shall be equal to the distance between Lhe street and the established building line. (bl Whenever a future width line is established on the zonine mao. the future width line shall be considered to be the front proper line of the affected propgrty. The area between ZONING CODE REVISION 8~ DRAFr 2/1/96 the fixture width line and the street (if outside the right-of-w shall be deemed to be the street r~ht-of-wad, and cannot be considered in comn ~ i g the mi~mLm yard required on any building site. ~l Whenever plan lines for a future street have been established on the zoiing man. th~plan lines shall be considered to be the front property line. and the area between the elan lines shall be deemed to be street right-of--way. The minimum required area and the minimum rgq iu red yards of any building~jte shall be comuuted excluding area within plan lines for fi~t'~re streets established on the zoring man,_ ZONING CODE REVISION 81 DRAFT 2/1!96 Article 4 General Development Regnlations [Division 7j Division 1. [Supplementary] Use Regulations [Section 25-37. Applicability to chapter of divisions 7 through 11. The provisions of division 7 through 11 of this article shall supplement and be additional regulations governing land use unless otherwise expressly prohibited by provisions of this chapter.] Section [25-38] 52~-~-1. Existing buildings. [Any building upon which construction] Construction on any buildinE uoon which was lawfully begun prior to the effective date of this chapter or any subsequent amendments hereto may be completed and thereafter shall be considered an existing building at the time of the effective date of this chapter or amendment. Section [25-39] ?s53-~. Conditions for construction of buildings designed for human occupancy. [In any district that permits building sites for two acres or less in area, no building designed or intended for human occupancy shall be constructed and no permit therefor shall be issued unless: (1) At least two of the following conditions exist: (A) The street on which the building site fronts is dedicated to, accepted and maintained by the County or has been approved by the appropriate agencies. (B) The building site is served by a publicly owned and operated water supply system. (C) The building site is served by a disposal system, which has been specifically approved by the department of health. (2) The street, water supply system, and sewage disposal system are all constructed and maintained by private means and have been approved by appropriate public agencies; or 82 ZONING CODE REVISION DRAFT211/86 (3) The building site is in an older community which has developed to the point of establishing community characteristics and is substandard with respect to streets or water supply or sewage disposal. Such older community shall have previously been designated by the planning commission and the boundaries thereof indicated on the zoning map. (4) The building site is part of a subdivision where the dwelling unit(s) is being constructed in coordination with the subdivision improvements and that the following conditions have been complied with: (A) That subdivision construction drawings shall be submitted and approved and final plat map shall be submitted and reviewed prior to the issuance of any building permits. (B) That plans for final plan approval shall be submitted and final plan approval secured prior to the issuance of any building permits. (C) That final subdivision approval shall be secured prior to the sale or offering for sale of any of the lots or dwellings thereon within the building site. (D) That final occupancy of the dwellings shall not be granted until the subdivision improvements are completed in accordance with the plans and approved by the appropriate agencies.] (al On anv building site. no building designed or intended for human occupancy shall be constn3cted and no permit therefor shall be issned u~ess: (1) The building site is served by either a public y or privately owned and operated water gystem. or other means of providing water to the building,~ite is demonstrated: 83 ZONING CODOE~R~ ~'/O~N ~ A wastewater treatment svstem for the proposed buildin¢ has been approved by he state department of health. On any building site in any subdivision approved by the director under chapter 23 subdivisions) of this code no building. designed or intended for hLman occupy shall be constructed and no permit issued therefor until either (11 The streets drainage improvements water supply system. if anv. and sev~ag~ dispo al ystem. if any. have been constnucted. inspected and approved by~he av~priate county aeencies: or ~l Final subdivision approval has been secured by the subdivider in accordance v~ith chapt r by pig a sure bond or other security guaranteeing~he construction of all of the subdivision improvements as shown on approved construction drawing and pecifications. provided that final occupy of any dwelling unit shall not be granted until the subdivision improvements for the particular increment being developed have been constructed. inspected and anprop ved by Lh_e appropriate county ag ne cies• [Section 25-40. District classification of streets. Unless otherwise designated 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 enter of the street, right-of--way or easement and the area shall not be used for any purpose other than that for which is was established. (See section 25-47). Section 25-41. Minimum street frontage. (a) Every building site in a district specifying a minimum building site area of one acre or less shall have minimum frontage on a street of at least one-half the required building site average width. g4 ZONING CODE REVISION DRAFT 2/1/98 (b) In all other districts specifying a minimum building site area over one acre the minnnum street frontage shall be at least one hundred feet. Section 25-42. Shoreline setback line regulations. (a) As used in this section: (1) "Shoreline" means the upper reaches of the wash of waves, other than storm and tidal waves, usually evidenced by the edge of vegetation growth, and upper line of debris left by the wash of waves. (2) "Shoreline setback" means all of the land area between the shoreline and the shoreline setback line. (3) "Shoreline setback line" means that line established by the State land use commission or the County running inland from and parallel to the shoreline at a horizontal plane. (b) Shoreline setback lines aze established throughout the County by the State land use commission at forty feet inland from the upper reaches of the wash of waves other than storm and tidal waves except that such shoreline setback lines shall be twenty feet on any land parcel of record when any one or more of the following exists: (1) Where the average depth of a parcel as measured from the shoreline or the seaward boundary of the parcel whichever is the less, is less than one hundred feet; (2) Where the parcel is less than one-half acre and where that parcel area is less than the minimum lot area required by the respective Zoning or Subdivision Code applicable to the parcel; or (3) Where the buildable area of the pazcel is reduced to less than fifty percent of the parcel after applying the forty foot shoreline setback line and all State and County gs ZONING CODE REVISION DRAFT 2/1/98 requirements wherein the parcel is located including but not limited to front and side yard setbacks, cross-slope requirements, and terrain requirements. Section 25-43. 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 code 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 chief engineer and the manager of the department of water supply and other applicable government agencies.] Section [25-44] 25-4-3. Establishment of permitted uses. The permitted uses as listed in the regulations for each Z4IllIIg district may be established within that district after compliance with the specific regulations of the district and the general regulations of this chapter. Section [25-45] 25-4-4• Uses [not listed] prohibited. Any use not listed among the permitted uses in a zonin¢ district [shall be deemed to be ] j~,~ prohibited use within that district, except as otherwise provided [for] in this chapter. Section [25-52] 25-4-5. [Permits granted pursuant to chapter 205, Hawaii Revised Statutes] Uses authored by other p re mils. In all districts, all land uses allowed in permits granted by the [State] state land use commission or the [planning] commission pursuant to chapter 205, Hawaii Revised Statutes, all land uses allowed in permits issued by the commission or the director pursuant to chanter 205A. Hawaii Revised Statutes. and all land uses allowed in permits issued by the state board of land and natural resources pursuant to 86 ZONING CODOE~R~ c~pter 183C. Hawaii Revised Statutes. or anv amendment thereto. shall be deemed to be permitted uses. Section [25-47] 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 [or any other regulation does not exclude] section shall not prohibit normal street improvements and those other facilities normally placed in streets. Section 25-4-7. Bed and breakfast establishments. (al Bed and bre fa t ectablic mentc chap be permitted in the Rid. RM. RCX. RA. A. y, CN. CG and CV districts. provided that plan approval for any bed and breakfast establishment is secured from the director prior to the estblishment of such use. A bed and breakfast establishment may be permitted in the RS districts provided that a use permit is obtained for each such use and that plan approval for each such use has been secured from [he director. A special Hermit shall also be required for any bed and breakfast establishment located in either the state land use rural or agricultural districts. (bl Abed and bed establishment shall be subject to the following restrictions and standards: The bed and breakfast establishment shall be accessory and subordinate to rhoprincipal use as a residence by its owners or lessee. (21 The owner-operator or lessee-operator of the bed and breakfast establishment shall reside on the same building. i P ac ha be'ng used for Lhe bed and breakfast esLblish_ment. For purposes of this section. alessee-operator means a lessee holding a lease 8,7 ZONING CODE REVISION DRAFT Z/1/98 gf five years or more. for the residence and land on which the bed and breakfast establishment is located. The bed a_nd breakfast establishment may be located either within a single- fami]y dwelling unit or a gsiest house on a building site. (4) The bed and breakfast establishment shall contain no more than five guest bedrooms for rent to g eu sts. (51 In the RS. RD. RA and A districts. the minimum lot size for a bed and breakfast establishment with three to five ,guest bedrooms shall be fifteen thousand s~}are feet. and any lot less than fifteen thousand square feet shall not have more than two Quest bedrooms. (61 The maximum number of guests permitted within a bed and breakfast establishment at anv one time shall be ten. X71 Onlj continental breakfast meals may be offered to guests. The serving of breakfast for a fee to individuals other than registered guests shall be prohibited. Abed and breakfast establishment shall not operate a a food ervice establishment. u lec a food ervice establishment (i.e. a restaurant,) is listed as a permitted use within the zoning district. (81 One an ved (~jth concrete. asphalt concrete surface or chjp-seal) off-street parking stall shall be provided for each guest bedroom. in addition to the required stalls for the dwelling unit: provided that in the RS. RA 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. 88 20NING CODE REVISION DRAFT 2H/98 (91 Exterior signaee which advertises Lhe dwelling as a bed and breakfast establishment shall comply with the requirements for residential signaee as set forth in chanter 3 (advertising and signsl of this code. (&,l No bed and bre kfa t e tabli hment hall be permitted on anv building its eon which an ohana dwelling.. approved by the director. is situated. ~ A v bed and breakfast establishment which has not received plan approval shall be considered illegal under this chip er. (~,l Anv bed and breakfast establislLment existing as of the date of adoption of this section. which has not received plan annroval_ and. as applicable. has not been issued either a Special permit or a use penrit. may continue as a non-corLforming use until December 31. 1996. at which time anv such continued use without receipt of plan approval and. as applicable. a use permit or a special permit. shall be considered illegal under this chanter. Prior to December 31. 1996. any person may~pp]y for plan approval and for a use permit or a special permit for anv bed and breakfast establishment existing as of the date of adoption of this section and not otherwise permitted. and upon issuance of the req ~iL red permits and approvals. the use shall be considered a permitted use. lfl The conditions contained in anv 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 the provisions to the contrary contained in this section. Section [25-46] 254$. Temporary real estate offices and model homes. ~ Temporary real estate offices [and model homes] for new developments shall be permitted in [the RS, RD, and RM zones for new residential developments, subject to the 89 ZONING CODE REVISION DRAFT ?11/96 following conditions:] 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 anproval of the development has been granted by the director and plan anproval for any temporary real estate office and/or model home is secured from the director prior to the establishment of such use. Lhl A tempor~ real estate office and model home shall also be subject to the following conditions: [(a)] j.]~ 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. [(b)] !?J The temporary real estate office [or] and/or model home [use] shall not [exceed] be used for a period longer than twenty-four months from the date of [official] p1;1i1 approval by the [planning director. Time] director: provided that extensions may be granted by the [planning] director. [(c)] ~ If the temporary real estate office is established in a structure not otherwise permitted in the particular [zoned] ~4Il1Llg district, the structure shall be removed co-terminus with the expiration of the temporary real estate office use. [(d)] L41 The temporary real estate office [or] 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 [planning] director. [(e)] ~ Parking for the temporary real estate office use shall be based on a minimum of one pazking stall for each employee and a minimum of one parking stall for each 90 ZONING CODE REVISION DRAFT 7/1/86 four hundred squaze feet of gross floor area. The pazking requirement may be satisfied off-site, provided that approval is secured from the [planning] director. [(fj] ~ The temporary real estate office [or] and/or model home shall comply with the minimum setback and height requirements of the particular [zone] T,411111g district. Section [25-49] 5Z~-~-Q. Guest [house] h4lLS4,T. [No] 9~ guest house may g1]1X be established on [any] ~ building site [having an area of less than] that is at least seven thousand five hundred square feet in area. [It] A euest house shall not exceed five hundred square feet in gross floor area, shall not be more than [one story] twen , feet in height, and shall not have [any] ~ kitchen [facilities]. Section [25-50] 2~~- 4. Mobile [dwelling] dwellings. [(a) No mobile, portable, or temporary dwelling may be occupied unless it is in an approved mobile dwelling park having facilities for such dwellings. (b) A single mobile, portable, or temporary dwelling or a camp trailer may be parked or stored on any building site as an accessory use; provided that: (1) It is in an enclosed building or is otherwise placed or screened such that it is not visible from any street or from any adjoining property; and (2) The owner of the dwelling or trailer resides on the premises.] All mobile dwellings shall conform to the counly buildine code (chanter 5 of this code2. and the public health housing code (c~gter 2 of the state public health regulations). except: When parked in a licensed mobile home amk: or ~l When occupied for dwelling or sleep~g p~poses outside of a licensed mobile home park for less than thirty days in any one location. 91 ZONING CODE REVISION DRAfT 2I1I98 Section [25-51] 25-4-11. Power lines[, utilities]; 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) [Substations] Ably substation used by g public [utilities] utility for the purpose of furnishing telephone, gas, electricity, [or] water. radio. or television shall be g permitted [uses where the director fmds that the same are] use in aqv district provided that the use is not hazardous 4I dangerous[, or a nuisance] to ~ surrounding [areas] area and the director has [granted] issued plan approval [therefor] for such use. (c) [Community, public, and public service buildings] Public uses. structures and buildings and community buildings are permitted uses in any district. provided [they conform to the general plan] that the director has issued plan approval for such use. Section 25-4-12. Telecommunic?tion antetmas. A telecommunication antenna or tower shall be permitted in anv district provided that the antenna is not hazardous or dangerous to the surrounding area and the director has issued plan royal for such use. tb) The minimum setbacks for a telecotmunication antenna 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. f2) Telecommunication antennas and towers supported by_g~v wires shall be set back from every~rop~ line a minimum of one foot for every one foot of antenna or tower height. 92 ZONING CODE REVISION DRAFT 2/1/98 [Section 25-53. Directed exterior lighting. In any district no directed exterior lighting may be installed or used which is directed into the sky or toward any structure or land beyond the property line.] Section 25-4-13. Home occtpations. Home occupations shall be permitted in the RS. RD. RM. RCX. RA. A. V. CN. CG and CV districts. prpvided that plan approval for anv home occupation is secured from the dir or p~jor to the establishment of such use. A special permit shall also be required for anv home occupation located in either the state !and use rural or agricultural districts. (bl A home occunation shall be incidental and subordi~te to the use of a dwelling as a residence. and shall not change the character and extertLl appearance of Lhe dwelling (cl Only household members shall be emoloved under the home occupa ion. (d) There shall be no exterior sign that shows the building is used for anvth'ni a but residential use. and no exterior displays or advertisements for the home occupation. ~ The occupation shall be conducted either entirely within the dwelling. or if outside the dwelling. the activity shall be screened from public view. Anv activity which exceeds the allowable noise levels as set forth in chapter 43. title 11 of the state department of health admitistrrative rules. must be conducted in fully enclosed. noise-attenuated stn3ctures. (fl There shall be no outdoor storage of materials and supplies related to the home occupation. lgl Articles sold on the premises shall be limited to those produced by the home occunation and to instructional materials pertinent to the home occupa ion. ~ Home occupations which depend on client visits 1 including individual instruction. shall provide one parki g~pace per five clients on the premises at one time. This shall be in 93 ZONING CODOE~R~ tii/09N8 I addition to parki g required for dwelling use. Residents of multjpjg-family dwellingssmav fi~lflll the p r i g r~qui_rement b}~ the use of guest par i wiih the approval of the building owner. manager. or condominium association. !11 The following activities are not permitted as home occupations: (11 Automobile repair and ap inting. except that repair and painting of vehicles owned by household members for p~poses of maintenance shall be permitted. (21 Contractor's storaggvards. (31 Group instruction. (41 Care. treatment or boardjlig of animals in exchange for money. oog ds or services. ~l Any activities and uses which are onlXpermitted in industrial districts. (61 Ali activi which involves fregggnt visits by the public. (il Any home occupation which has not received plan approval shall be considered illegal under this chapter. (kl Anv home occupation existine as of Lhe date of adoption of Lhis section. may continue as anon-conforming use until December 31. 1996. at which time anv such continued use without recejpt of plan approval shall be considered illegal under this chanter. Prior to December 31. 1996. anv person may~pply for plan approval for anv home occupation existine as of the date of adoption of this section and upon issuance of plan approval. the use shall be considered a permitted use. Section 25-4-14. Flag lots. A flag lot shall be permitted when sufficient street frontage is not available for more than one lot or parcel. provided the following conditions are met: 94 ZONING CODE REVISION DRAFT 7/1/98 (Il The access drive corLnecting the lot with he treet hall have a minmum width of fifteen feet. The access drive chall be the sole access for only one lot. uness duel access is annroved by the director after consultation with the chief engineer. (~l The lot area. including he acce s drive. shall be the mi imum building site area required for the zoning district. (41 The minimum yards for a flgg lot. excluding the access drive. shall be the minimum side yards required for a building site in the apnlicable zoning district. [Division 8] Division 2• [Supplementary Height Regulations] HI<ightS Section [25-54] 25-4-20. Height [regulation]; general rules. (a) [Every] lY4 building or structure hereafter erected shall [not] exceed the [height limits as established for the district in which located] established zoning~istrict 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. Section [25-55] 25-4-21. Basements and underground structures. [(a)] In [any district] all districts, any number of floors below ground may be permitted. Section [25-56] 25-4-22. [Height variances] Exemptions from height limitations. [(a) A variance for additional height shall not exceed the applicable district height limits by more than ten feet. (b) A variance request for additional height for accessory structures shall not exceed the height limit established for the applicable district.] 95 ZONING CODE REVISION DRAFT 2/1198 The following stn~ct~res are exempt from zotivng district height limits under the specified restrictions: [(c)] ~ Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles, vent pjges. fans. structures housing or screening elevator machinery and other similaz features [may exceed the district height limits by no more than ten feet and upon securing a "variance" therefor may exceed the district height limits by an additional number of feet necessary as permitted by the planning department; provided that power and communication poles and lines, microwave towers, and other similaz structures used by governmental agencies and by public and private utility companies for power, light, and communication purposes may be constructed, added to, and maintained in all districts to the height required by considerations of safety and optimum utilization or specifically required by rules and regulations of the state public utilities commission]. not to exceed ten feet above the governing )i~g t limit. (bl Safe raili gs not to exceed forty-two inches above the governing heig t limit. (c Utili poles and lines and broadcasting antennas not to exceed five hundred feet from existing grade. (dl One antenna for an amateur radio station ome ation per building site. not to exceed ninety feet above existing~rade. (el Wind machines. where permitted..provided that each machine shall be set back from all proper lines one foot for each foot of height. measured from the highest vertical extension of the system. (fl Anv energy savings device. including heat pimps and solar collectors. not to exceed eig[lt feet above the governing height limit. 96 ZONING CODE REVISION DRAFT 2/1/96 jgl Non-residential agricultural structures in the 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. [(d) No height variance may be granted unless it meets the grounds for variance set forth in this chapter.] Section [25-57J 25-4-23• Accessory structure height [regulations] liiTllt~t1411S• [Accessory structures] An accessory structure [unless otherwise specified] shall not exceed fifteen feet in height unless otherwise specified in this Chang. [Division 9] Division 3. [Supplementary Area and Average Width Regulations] Street 1?Yontagg, Lot Areas and Widths Section 25-4-30. Minimum street frontage. The following minimum street frontage standards annly to every building site: (al F1fCV Dercent of the required building site average width for any building site in a toting di ri t providing for a mitt-mum building site of one acre or less. except for flag lots. gpy building site located at the end of a cul de sac. and any building2site where the access to the building site is by means of a roadwav easement. (bl One hundred feet for anv 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 roadwav easement. ~l The width of the pole or fifteen feet for any~fl g lot. (dl Fifteen feet for gAy building site located at the end of a cul de sac. 97 ZONING CODE REVISION DRAFT 2/1/98 (el No street frontage shall be required for any building site where access to the building site is by means of a roadway easement. Section [25-58] 25-4-31. Minimum building site area; minimum average width. (a) Unless otherwise specified in this chanter. each main [use] buildine must be located on a building site having not less than the established zoning district minimum building site area [specified by the regulation of the district in which such use is located]. (b) Any [parcel of land having] building site which has less area or width than that required by the established zonine district [in which located], may be used as a legal building site; provided that the owner [thereof at the time of or since said effective date] of the buildine owns no adjoining property at the same time. (c) A [parcel of land] building site shall be deemed to conform to the requirements for building site average width if any portion of the [parcel] building site considered separately has the minimum building site area with the minimum average width. Section [25-59] 25-4-32. Reduction of [area] building site below minimum area. (a) [No] 9 building site may ~ be reduced below the established zoning district minimum building site area [as specified by the regulations for the district in which located]. and [if a] an existine building site which is below the minimum building site area, [it] may not be fsdxth~i reduced [further;] in area. ~ [provided that if any] Aqy legal building site [is] reduced in area or average width by [no] 1141 more than twenty percent [of the respective requirements], 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, [then the remainder of the building site] shall be deemed to be a legal building site as to the remainder of the lot. 98 ZONING CODE REVISION DRAFT 2It/98 Section [25-60] 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. Section [25-61] 25-4-34. Waiver of minimum site building azea for utilities. The ~gquired minimum building site area [requirement] may be waived by the director for public utility or public rights-of--way subdivisions, or both, and [their] anv resultine remnant parcels. [Division 10] Division 4. [Supplementary Yazd] Yards and Open Space [Regulations] Section [25-62] 25-4-40. [Supplementary yazd] General requirements for yazds and open space. (a) On every building site, yards of the minimum width or depth as specified for the established zonine district [in which located] shall be maintained open and unobstructed from the ground up, except as specified in this division. (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 [CO,] CV and CG districts. [A corner lot shall have a front yard along both streets, except as provided elsewhere in this section.] (d) In [CO,] CV and CG districts, where the lot 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. 99 ZONING CODE REVISION DRAFT711/98 (e) Unless otherwise specified, yards, open spaces, and distances shall be measured horizontally. [(f) No yard or building setback is required fronting a mall.] Section [25-63] 25-4-41. Triangular or irregular building sites. (a) On any [gore or] 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 [it] the building site and surrounding property and shall specify the required yards. Section [25-64] 25-4.42. Corner building sites. (a) On any comer building site, the interior lines shall be side lot lines and all rear yard regulations shall be inapplicable. (b) On [every] ~BY, corner building site in [any zoning district] all zoning districts except [a] in the CN district, within the area of a triangle formed by the street lines of such building site (ignoring any comer radius), and a line drawn between points on such street lines twenty-five feet from the intersection thereof, [there shall be] no fence, wall, hedge, or building shall be higher than three feet nor shall there be any obstruction to vision other that a post, column, 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 [above-mentioned] point of intersection if the streets are sloping. 1011 ZONING CODE REVISION DRAFT 2/1/88 Section [25-65] 25-4-43. Fences [as] ;t>~ accessory structures[; access to main buildings]. (a) [For the purpose of determining yard requirements, a] A nerimeter boundary fence. wall or similar feature. less than six feet in height shall not be considered a structure ll be permitted without any front. side or rear yard requirements. [All walls, fences, and similar structures six feet or over in height shall be considered as accessory structures, provided that those structures eight feet or less in height are exempt from the open space requirement of ten feet between an accessory structure and a main building. Fences] In addition. a fence which [are] ~ constructed of strand material, such as barbed wire, hog wire, or chain link, which allow "see-through" visibility [are] 1& permitted to a height of eight feet [with no] without anv front, side, or rear yard [requirement] 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) Anv accessorv structure- including fence or wall over six feet in height. architectural feature or water tank. which is not connected to a building. may not extend into anv required front. side or rear yard. but may be located next to anv building without anv ocen space requirement. Section [25-66] ZS~-Q4. [Projections] permitted proi io c into [required] yards and open spaces. (a) Except as may otherwise be restricted, [the following projections or 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 1~l ZONING CODE REVISION DRAFT 2/1/98 fifteen feet: cornices, canopies,] roof overhanes. eaves, [landing plans,] sunshades. sills. frames. beam ends. cornices, canopies. porches, balconies, terraces, fire escapes, stairs, ramps, above-grade pools and other similar features >??~Y extend four feet into anv 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) [None of the features] 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; and (2) No chimney may extend more than two feet into any yard. (3) No above-grade poop 1 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. Section [25-67] 25-4-45. [Porte-cochere] Projection of Porte-cocheres. [If a building is located in a district that requires plan approval, then the planning department by approving the plan may permit an] All attractively designed Porte-cochere [to] ~ extend any distance into a front yard as a protection for arriving motorists and pedestrians. Section 25-4-46. Projection of pools. A pool constructed at-grade may extend anv distance into a required yard or open space. SeMion [25-68] 25-4-47. Minimum distance between main buildings on same buildine 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 building. I()2 ZONING CODE REVISION DRAFT ?/1/88 Section [25-69] 25-4-4g. Yards required for accessory buildings. (a) Unless otherwise permitted or regulated, the same yards shall be required for an accessory buildin¢ [accessory buildings] in any T,4uing district [shall observe and maintain the same yards] as those required of a main building in the zonin¢ district, except that no rear yard shall be required for an accessory building [unless the rear line of the building site abuts upon an alley in which case aten-foot rear yard shall be maintained]. (bl A ten-foot rear yard shall be required for an accessory building if the rear line of the building site abuts upon an allev. [(b)] ~ [If an] Qfyi accessory building ~ is structurally attached to [any] ;l main building[, it] shall be considered part of the main building and subject to the same regulations as a main buildine. (d) [If not] A ~y accessory building that is not structurally attached to [any] ~ main building, [an accessory building] shall be Located at least ten feet awav from [the] any main building, with a distance of six feet [of which shall be] between the buildings beine totally unobstructed from the ground up. T~~oen spa r quirements confined in this paragraph shall apply o to accessory buildings and not to other accessory structures. [Division 11] Division 5. [Supplementary] Off-Street Parking and Loading [Regtilations] Section [25-70] 25-4-50. Off-street parking [spaces; general requirement] ~ loadingourpose. (a) [In all districts, in connection with every use, there shall be provided at the time certain uses are esfblished and at the time any building or structure is erected, enlarged, or is reconstructed or increased in floor area, off-street] Parking and loading~tandards are intended 103 ZONING CODE REVISION DRAFT 7/1198 [o minimize street congestion and traffic hazards. a_nd to provide safe and convenient access to residences. businesses. public services and places of public assembly. Off-street parking and loadin¢ spaces shall be provided [for automobiles] in [the] Bli~h number [and in accordance with the requirement]. at such location and with such improvements as required as set forth in this division. [(b) Revised parking requirements of this division which became effective on November 29, 1983 shall not apply to proposed developments which received plan approval or any written assurances from the director dated before November 29, 1983 based upon those less stringent parking requirements then in effect; provided that the proposed developments having received such written assurances shall have received plan approval no later than May 31, 1985.] Section [25-73] 25-4-51. [Parking spaces required for various uses) Required number of parking~.paces. (a) The number of parking spaces for each use shall be as follows: [(1) Automobile, machinery or equipment sales and service garages: one for each five hundred square feet of gross floor area. (2) Banks, post offices, commercial, professional and government offices which provide public entitlement services such as social security or welfare, which require in-person registering or licensing: one for each four hundred square feet of gross floor area. (3) Bed and breakfast establishment: one for each guest bedroom, in addition to one for the dwelling unit. (4) Bowling alleys: four for each alley. (5) Churches: one for each six seats in the principal assembly room. 104 20NING COD~E~R~ (6) Clubs, lodges, social orders, fraternal organizations, dance halls, assembly halls without fixed seats, exhibition halls, night clubs, and commercial places of amusement: one for each one hundred square feet in the principal assembly area or main hall, and one for each employee; for buildings with no principa! assembly area or main hall, one for each two hundred square feet of gross floor area. (7) Dwelling: one for each family or dwelling unit. (8) Funeral homes and mortuaries: three for each parlor or one for each seventy-five square feet of gross floor area, whichever is greater. (9) Hospitals, nursing homes, convalescent homes, rest homes, and homes for the elderly: one for each bed. (10) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. (11) Medical or dental clinics or groups and sole practitioners: five spaces for each professional practitioner. (12) Hotels, apartments, and motels: (A) Accessory portions same as otherwise regulated; (B) For hotel guest units without kitchen units, one for every three units; (C) For hotel guest units with kitchen units, one and one quarter for every unit; and (D) Apartments and motels, one and one quarter for each unit. (13) Retail stores and shops: LOS ZONING CODE REVISION DRAFT 2H/98 (A) In a V district, in a CN district, or in any district as part of a defined shopping center: one for each two hundred square feet of gross floor area; or (B) In other areas: one for each three hundred squaze feet of gross floor azea. (C) Furniture and appliance stores, household equipment or furniture repair shops: one for each five hundred square feet of gross floor azea. (14) Industrial, manufacturing, and research uses: (A) If possible to determine, one for each employee based on the largest work shift; or (B) If otherwise, one for each eight hundred square feet of gross floor azea. (15) Wholesale establishments, warehouses, and bulk storage: one for each one thousand square feet of gross floor area plus one for each employee on the largest work shift. (16) Other general business uses in CG districts and in other districts as permitted: one for each four hundred square feet of gross floor area. (17) Community swimming pools: one for each forty square feet of pool area. (18) Restaurants, bars, drive-ins: one for each one hundred and fifty square feet of gross floor azea where the main use utilizes the entire building. Where the main food or beverage service use occupies a part of a larger building such as an office complex or hotel or shopping mall: one for each two hundred square feet of gross floor area. (19) Schools (grades k-9): one for every classroom. (20) Schools (grades 10-12, colleges): one for every six seats and any office parking requirement in addition to one for every six seats in the principal assembly room. 106 ZONING CODOE~R~ ~ ~O~ (21) Sports arenas, auditoriums, theaters, assembly halls with fixed seats: one for every four seats. (22) Self-service Laundromats, dry cleaning: one for every four machines. (23) Golf courses: four for every hole. (24) Tennis/racquetball courts: three for every court, domestic courts excluded. (25) Skating rinks: one for every two hundred square feet of gross floor area. (26) Full commercial laundry service establishment: one for each employee on the largest work shift plus loading space requirement.] (11 Bed and breakfast establishments: one for each guest bedroom. in addition to one for the dwelling unit. (~l Bowling alleys: four for each alley. (31 Commercial uses. including retail and office uses in RCX. CN. CG. CV MCX. V. RA. A and IA districts: one for each two hundred square feet of gross floor area. ~l Dav care facilities: one for each ten care recjpients of design capacity or one for every two hundred square feet of gross floor area. whichever is greater. (51 Dwellings. multjFle-fami v: one and one quarter for each unit. (61 Dwellings. sinele-family and double-family or duplex: one for each family or dwelling unit. (7) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor area. (81 Golf courses: four for every hole. (Ql Hospitals: one for each bed. (101 Hotels. lodges and inns: one for every two units. 10.~ ZONING CODE REVISION DRAFT411/96 (111 Industrial uses in ML MG. MCX. RA. A and IA districts: one for each four hundred square feet of gross floor area. (mil L?undromats. cleaners (oc in op ra d): one for every four machines. (131 Maior 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 (141 Meeting facilities. including churches: one for each seventy-five square feet of gross floor area. (15) Nursing homes. convalescent homes. rest homes and homes for ih_e elder]y: one for every two beds. (16) Parks. passive: one for each acre. (171 Recreation facilities. outdoor or indoor. other than herein specified: one for each two hundred square feet of gross floor area. p]us three per court (~quetball. tennis or similar activitiesl. (181 Rooming and lodgine houses. religious. fraternal or social orders havine sleepine accommodations: one for each two beds. (191 Schools (elementary and intermediatel: one for each twenty students of design canaciry_nlus one for each four hundred square feet of office floor spy. (201 Schools (]ljgh. lang~ge. vocational. business. technical and trade. college): one for each ten students of design canaci , .plus one for each four hundred square feet of office floor space. 108 ZONING CODE REVISION DRAFT 2/1/98 (211 Sports arenas. auditoriums. theaters. assemb]y halls: one for every four seats (221 Swimming pools (communitvl: one for each forty square feet of pool area. (z31 Warehouse and bulk storagesestablishments 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 buildine[; provided that] a~g as the previous [use(s)] use of the buildine had the required [amount] ri~I of parking [spaces and the applicant for the proposed use(s) provides adequate parking to accommodate the anticipated level of traffic for the intended development(s)] stalls for that use: provided. that additional parki g may be required for a change of use in any buildine where the building is converted from residential to commercial use or from warehouse and manufacturin¢ 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 [five hundred] 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. 109 ZONING CODE REVISION DRAFT 2/1/96 Section [25-76] 25.4.52. [Determination of parking and loading space by director] Method of determining nu_m__ber of par 'ngmace=. [(a) The director may increase any of the requirements in this division under plan approval only after reviewing the proposed use and its impact to the immediate area and making 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 space for any use not specifically mentioned or for any other reason, the director shall make such determination (c)] ~ [In computing the number of parking spaces required, fractions of one-half (or .5) and over shall be rounded to the next highest whole number.] When computation of reouired parking spaces results in a fractional number. the number of spaces required shall be the next highest whole number. (bl 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 twen -four inches of width shall be counted as a seat for the purpose of determining requirements for off-street parking. (cl If bicycle parking stalls are constructed on anv building site. the total number of rgq ~iqL red parking maces shall be reduced by one parki g mace for every five bicycle p r in stalls constructed. jd) At least sixty-seven percent of the required parking shall be standard sized parking spaces. and thirty- hre percent may be compact spaces. 11~ ZONING CODE REVISION DRAFT 2H/96 (el The director may increase the required number of parking paces for anv use during~lan approval if the director reviews the proposed use and its impact to the immediate area and finds that the increase will further the public safgly. convenience and welfare. (fl If there is an}' doubt as to the requirements for off-street parking fo_ r any use not ~necificall_y mentioned or for any other reason. the director shall determine the required number of parkine spaces for such use. Section [25-71] 25-4-53. [Parking stall dimension; standards] Minimum dimensions of uarking spaces. (a) [Each pazking space or stall shall have a minimum width of nine feet and a minimum length of eighteen feet] Standard-sized automobile parkine spaces shall be at least ~iuhteen feet in length and eight feet six inches in width. wish curbside parallel Spaces at least twen -two feet in length. (b) [A maximum of thirty-three percent of the stalls may be allocated for small cars and other vehicles. Stalls for small cars shall have a minimum width of eight feet and minimum length of sixteen feet;] impact ,S.paces 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) [All parking stalls: (1) Shall be individually accessible; (2) May have a three feet unpaved car overhang azea; and (3) In all V, CN, CO, CG, CV, ML, MG and RM districts, shall be paved with an all-weather, dust free surface. (d) For any parking stall containing a building column, that column may intrude six inches into the required width. A wall shall not be considered a building column. 111 ZONING CODE REVISION DRAFT 2/1/98 (e)] Minimum aisle[, driveway or back up space] widths for parking bays shall [consist of the] be provided in accordance with the following [dimensions]: Angle of Parking to Curb Minimum Width to 0° (parallel) 12' to 45 ° 14' to 60° 18' to 90° (perpendicular) 24' (dl Parking paces may have a three foot unpaved car overhang area. [Section 25-72. Access to parking spaces. Except for one duplex dwelling or two single-family dwellings on any single lot, 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.] Section 25-4-54. Standards and improvements to off-street p r i g cpaces. (al All parking maces shall be arranged so as to be individually accessible. ~l Except for one duplex dwelling or two single-family dwellings on any single building site. access to any individual parking mace 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. ic) In V_ CN_ CG. CV. MCX. ML. MG. RD. RM and RCX districts. parking spaces shall be paved. ldl For any.,permitted use in the RS. RA. A or IA districts. the pavement of parking spaces is not required. and anv material may be used for the parking paces that will eliminate erosion. mud and standing water. 112 ZONING CODE REVISION DRAFT 2H/98 (gl For anKparkine snace contaiting a building colLmn, that colLmn may intn3de six inches into the required width. provided that the building column shall not be located at the entry of tb_e par ine snace. A wall shall not be considered a building colLmn. Section [25-73.1] 25-4-55. Parking for [the physically handicapped] individuals with disabilities. [(a) For all non-residential uses, including commercial, industrial and institutional, parking stalls for the physically handicapped shall have a minimum width of thirteen feet and a minnnum length of eighteen feet. (b) Pazking stalls for the physically handicapped shall be designed to the specifications of the "American National Standards Institute, 1980, for Parking and Passenger Loading" and required in the following ratio: Number of 13' x 18' stalls Total stall requirement (for handicapped) required 1 - 20 0 21 - 50 1 51 - 75 2 76 - 100 3 101 - 200 4 201 - or more 5] The location. number and desjgn of parking snaces serving individuals with disabilities shall co with the Americans with Disabilities Act ("ADA"1 Accessibility Guidelines for Building and Facilities. Section 25-4-56. Off-street loading requirements. Off-street loading requirements shall annly to all buildings having a gross floor area of at least five thousand square feet. excep for i gle-f mi v residential units. in all zoning districts. The minimum number of off- steel loadinersnaces shall be as follows: 113 ZONING CODE REVISION DRAFT 2/1/88 Loading Space Use or Use Cateeorv Floor Area in Square Feet Requirements 1. Commercial and industrial 5.000 - 10.000 j uses. including retail and jQ,001 - 20.000 ~ wholesale operations. eatine 20.001 - 30.000 and drinking establishments. 30.001 - 40.000 4 business services. personal 40.001 - 60.000 ~ services. repair. Each additional 50; 000 or j manufacturing and self maior fraction thereof storage facilities. but excluding offices. 2. Hotels. hogpital or similar 5.000 - 10.000 j institutions. and places of 10.001 - 50.000 ~ public assembly 50.001 - 100.000 ~ Each additional 100.000 or j maior fraction thereof 3. Offices or office buildin¢s 20.000 - 50.000 j 50.001 - 100.000 ~ Each additional 100.000 or j maior fraction thereof 4. Multi-family dwellines Number of Units 20 - 150 1 151 _ 300 ~ Each additiona1200 or maior j fraction thereof Section 25-4-57. Method of determining number of loading spaces. ~,~gross floor area of a building shall be used to determine the required number of loadine spaces for that buildine. When a building is used for more than one use. and the gross floor area for each use is below Lbe minimum requiring a loading cpace. and the aggreeate gross floor area of the several uses exceeds the mi~mum floor area of the use categosy~quiring the greatest number of spaces. at least one loadine Snace shall be required. 114 ZONING CODE REVISION DRAFT 2/1/88 icl The number of loadine maces required may be adjusted to fi$y~ercent of the required number when such spaces are assigned to serve two or more uses jointl~orovided that each use has access to the loading zone without crossing~ublic streets or sidewalks. (dl When computation of required loadine space results in a fractional number. the number of spaces required shall be the next highest whole number. Section [25-74] 25_4_58. [Off-street loading space] Dimension of loading spaces. [(a) In any district in connection with every building or par[ thereof hereafter erected and having a gross floor of five thousand squaze feet or more, which is to be occupied for manufacturing, storage, wazehousing, goods display, retail sales, a hotel, a hospital, a mortuary, a laundry, a dry cleaning establishment, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained at least one off-street loading space plus one additional off-street loading space, for each additional ten thousand square feet.] [(b)] ~ [Off-street loading space shall be provided with access, driveways, and surfacing in the same manner as for off-street parking except that each] When o y one loadine mace is required and the total gross floor area is not more than 5.000 square feet. the horizontal dimensions of the loadine space shall be ten feet wide and twenty-two feet long, [with a height] and the vertical clearance [ofJ shall be at least fourteen feet. (¢l When only one loading space is required and the total gross floor area is more than 5.000 square feet. the horizontal dimensions of the loading space shall be twelve feet wide and f~ feet long. and the vertical clearance shall be at least fourteen feet. (cl When more than one loadin¢ .pace is required or the total gross floor area is more than 5.000 square feet. the minimum horizontal dimension of at least half of the requLed l15 ZONING CODE REVISION DRAFT211/98 loadine snaces 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 snaces may have horizontal dimensions of ten feet wide and twenty-two feet lone. (dl The r~}uired apron space. or area,provided for maneuverin¢ trucks into or out of loadine position. shall beforty-six feet if the loading pace width is ten feet. forty-three feet if the loadine space width is twelve feet. and thirty-tine feet if the loadinv„csna P w' h is fo ~rteen Section 25-4-59. Location and improvement of loading paces. (al All rewired loadine snaces shall be located on the building site to which they are appurtenant. No loadine snaces shall be permitted within any street or alley. (JZl Each required loadine space shall be identified as such and shall be reserved for loadingnu~-poses. (cl No loadine space shall occup,~required off-street ap rkine space or restrict access. (dl Access to any loadine 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 rni g movements. del All loading~naces and apron spaces or tnaneuverine areas shall be paved, Section [25-76] 25-4-59.1. [Determination] Director determination of parking and loading [space by director] reauirements. (a) The director may increase any of the requirements in this [division under plan approval only] chanter for parki a snaces and loading spaces. after reviewing the proposed use and [its] ~ impact to the immediate area [and making]. if the director makes a finding that the increase will further the public safety, convenience, and welfare. 116 ZONING CODOERAR~ ~N (b) In case there is any doubt as to the requirements for parking or loading [space] spaces for any use not specifically mentioned, or for any other reason, the director shall make such determination. [(c) In computing the number of parking spaces required, fractions of one-half or (or .5) and over shall be rounded to the next highest whole number.] Section [Section 25-77] 25-4-59.2. [Exception] Exceptions to t]lg off-street parking and loadine [regulations; downtown Hilo] requirements. The [supplementary] off-street pazking and loading requirements [regulations] of this [division] chanter shall not apply to 1~ followine: ~ [that] T11;11 area in the City of Hilo, bounded by Kinoole Street, Ponahawai Street, an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. [Section 25-78. Exception to off-street parking regulations; Kainaliu, Kona. The supplementary off-street parking regulations of this division shall not apply to those areas] (b) That area immediately fronting either side of that portion of the Hawaii Belt Highway which run from [Jupiter Cleaners and Laundry to Kona Towing Service] the real propg~y designated as tax man key no: 7-9-7-66 to the real property designated as tax man key no: 7-9-9:22. in Kainaliu, North Kona. (cl That area designated as Kailua Village. North Kona. with the boundazies as defined under section 25-7-1 of this chanter. Section 25-4-59.3. L.andsc~pine and screening for r 'ng lots and loadine snaces. To provide shade in open parking lots and minnnize visibility of paved surfaces. parking lots with more than ten parking stalls shall provide one canopy form tree wi h a minimum of two-inch caljper for every six parking stalls or maior fraction thereof. or one 117 ZONING CODE REVISION DRAFT 2H/98 canopy form tree of six-inch caliper or more for every twelve parking stalls or maior fraction thereof. Each tree shall be located in a plan i area and/or tree well no less than nine square feet in area. If wheel stops are provided. continuous planting areas with low ground cover. and tree wells with trees centered at the corner of parking stalls may be located within the three-foot overhang space of parking stalls. Hedges end other landscace elements. including planter boxes over six inches in height. are not permitted within the overhang snare of the parking stalls. Trees shall be sited so as to evenly distribute shade throughout the parking lot. Parking lots of five or more spaces shall be screened from adioiiing lots in RS. RD. RM. RCX or RA districts by walls, continuous screening hedges. or earth berms a minimum of forty-two inches high on the abuttingTnrop~ line. All loading snares shall be screened from adioi ing lots in RS. RD. RM. RCX or RA districts by a wall six feet in height. (d) Xeriscane and native Hawaiian plant species shall be encouraged. (e) All landsc~p~g shall be maintained by the property owner. [Division 12] Division 6. Nonconforming Uses[,] ~ Buildings [and Land] Section [25-79] 25.4.60. Nonconforming [uses; regulations and requirements] 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. (b) If the portion of the building that is non-conforming should be destroyed [to the extent of fifty percent or more of its replacement value,] it may [not] gn[y be rebuilt [and the remainder of that particular nonconforming portion shall be removed or brought into 118 ZONING CODE REVISION DRAFT211/88 conformity. If the destruction is less than fifty percent of its replacement value then the destroyed portion may be rebuilt to equal the floor area before the destruction] in compliance with all of the requirements under the County building code for reconstruction and repair of nonconforming buildines. The department of public works shall determine the extent of damage to determine whether the building can be rebuilt to its non-conforming use.] Section 25-4-61. Continuance of nonconforming uses of land and buildines. [(c)] Any nonconforming use of land or use of a building may continue to the extent it existed at the time of adoption of this chapter or any amendments hereto, provided [that:] 1h~4 [(1) A] ,1 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 non-conforming use[,except],. ~ [public] p~]iF 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. Section 25-4-62. Abandonment of nonconforming nse. [(2)] 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. 119 ZONING CODE REVISION DRAFT 2/1/98 Section 25-4-63. Destruction of building with nonconforming use. ((3)] 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; but 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. Section 25-4-64. Maintenance of building_with nonconformin¢ usQ• [(4)] 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. Section 25-4-65. Expansion of nonconforming use; changes to buildin¢ with nonconformin¢ use. [(5)] 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. 12~ ZONING CODE REVISION DRAFT 211/96 Article 5. Zoning District Regulations [Article 4] Division 1. RS, Single-Family Residential Districts Section [25-118] 25-5-1• Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential [area] ~,Sg, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. Section [25-119] 25~-~. 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. Section [25-120] 25-5-3. Permitted uses. (a) The following uses shall be permitted in the RS [districts] district: [(1) Single-family dwellings. (2) Golf courses where the edge of a tee or green is not closer than one hundred feet to any property line. (3) Country clubs and golf club houses where no structure or activity area such as pools and games, is located closer than two hundred feet to any property line. (4) Neighborhood parks, playgrounds, tennis courts, wading pools, and similar neighborhood recreational areas and uses. (5) Growing and gathering of crops, fruits, vegetables, flowers, trees, and other plants provided no separate building for retail outlet is constructed. (6) Home occupations. (7) Family care and family boarding homes. 121 ZONING CODE REVISION DRAFT111/88 (8) Buildings and uses normally considered directly accessory to the above permitted uses. Adult day care homes. (21 Community buildings. as permitted under section 25-4-11. (~l Croceproduction. (41 Dwellings. single-family. (51 Family child care homes. (6) Golf club houses and country clubs where no structure or activity area such as Wools and games. is located closer than two hundred feet to a~prope line. (zl Golf course maintenance buildings. X81 Golf courses. provided that the edge of a tee or green is not closer than one hundred feet to any nrop~ line. (91 Group living facilities. (101 Home occupations. as permitted under section 25-4-13. (111 Meeting facilities. (121 Model homes. as permitted under section 25-4-8. jam) Neighborhood garp ks. playground _ to ni court . w'mm'ng pools. and similar neighborhood recreational areas and uses. (141 Public uses and structures. as permitted under section 25-4-11. (151 Telecommunication antennas. as permitted under section 25-4-12. (161 Temno~ real estate offices. as permitted under section 25-4-8. 1171 Utili substations. as permitted under section 25-4-11. 122 ZONING CODE REVISION DRAFT 2I7I98 (hl In addition to those uses permitted under subsection (a) above. the following uses shall be permitted in the RS district- provided that a use Hermit is issued for each use: (11 Bed and breakfast establishments as permitted under section 25-4-7. (21 Care homes. (31 Cemeteries. crematoriums and mausoleums. (41 Churches. temples and synagoeues• (5) Day care facilities. (61 Hospitals. sanitariums. old age. convalescent. nursing and rest homes. Ll Major outdoor amusement and recreation facilities (8) Mortuaries. (91 Schools. (10) Yacht harbors and boating facilities. ~l Buildings and uses normal]y considered directly accessory to the uses permitted in this section shall also be pernitted in the RS district. Section [25-121] 25;5-4. Height pimits] ]jput. The height [limits] l~iit in the RS district shall be thirty-five feet. Section [25-122] 25=5-5. Minimum building site [areas] [No RS district shall be designated as having a] T13e minimum building site area [of less than] in the RS district shall be seven thousand five hundred square feet, except [as provided in articles 21 (Planned Unit Development) and 22 (Cluster Plan Development)] for ho e b >Iild'ng~t c wi hip a planned unit development. cluster plan development or project district. and approved by the director. 123 ZONING COOOE~R~ ~;/O~N Section [25-123] 25-5-6. Minimum building site average width. Each building site in [an] ~g 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. Section [25-124] 25.5.7. Minhnum yazds. (a) The minimum [yard requirements] y~tSLF in [an] ~ RS district shall be as follows: (i) 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 reaz yards, fifteen feet; and (B) Side yards, eight feet for a one story building, nd tee n feet for a two-story buildine. (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 yazds, ten feet for a one story buildine^plus one additional foot for each additional story. (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. 124 ZONING CODE REVISION DRAFT ?/1198 Section [25-125] 5-5-$. 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-fami y dwelling. may be located on anv building ite in he R di rict. [(b)] ~ If a legal building site in [any] 1~ 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 lazgest requirements for which the building site can comply. [(c) The required off-street parking in an RS district shall be in a garage or carport or in a location where it would be permissible to erect a structure to cover such space.] [Article 5] Division 2. RD, Double-Family Residential Districts Section [25-126] 25-5-20. Purpose and applicability. The [double-family residential or] RD (double-family residential) district provides for moderate density [azeas] lls~ 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. Section [25-127] 25-5-21. Designation and density of RD districts. Each [double- family residential district] 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. 125 20NING CODRAFT 2)1/98 Section [25-128] ~-5-2~. Permitted uses. (a) The following uses shall be permitted in the RD [districts] district: (1) [Same as the permitted uses in RS districts] Adult day care homes. (2,) Bed and breakfast establislLments as Permitted under section 2-5-4-7. Community buildings. as permitted under section 25-4-11. (4) Crop production. [(2)] (SJ [Duplex or double-family dwellings] Dwellings. double-family or dui. (6) Dwellings. single-family. (7) Fami y child care homes. (8) Golf club houses and country clubs where no structure or activity such as Wools and games. is located closer than two hundred feet to any proper line. (9) Gold course maintenance buildings. (10) Golf courses. provided Lhat Lhe edge of a tee or green is not closer than one hundred feet to any mope line. ~ 1) Group living facilities. (12) Home occupations. as permitted under section 25-4-13. (13) Meeting facilities. Model homes. as permitted under section 25-4-8. (15) Neighborhood parks. p~ygrounds. tennis courts. swimming~ools. and similar neighborhood recreational areas and uses. f 1G) Public uses and structures. as permitted under section 25-4-11. (17) Telecommunication anterLnas. as permitted under section 25-4-12. 126 ZONING CODOE~R~ (18) Temnor~real estate offices. as permitted under section 25-4-8. (19) Utiliq~ substations. as permitted under section 25-4-i1. In addition to those uses permitted under subsection above, the following uses shall be permitted in the RD district. provided h t a use permit is issued for each use: LL) Care homes. Cemeteries. crematoriums and mausoleums. (3) Churches. temples and synagogues. (4) Day care facilities. (5) Hospitals. sanitariums. old age. convalescent. nursing and rest homes. (6) Maior outdoor amusement and recreation facilities (7) Mortuaries. Schools. (9) 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. Section [25-129] 25-5-23. Height pimits] limili. The height [limits] ]jlYiit in the RD [districts] district shall be [the same as the height limits in the RS districts] ih~' y-five feet. Section [25-130] 25-5-24• Minimum building site area [or lot size]. The minimum building site azea [or lot size] in [an] ~ RD district shall be [7,500] seven thousand five hundred square feet except for those building sites within a planned mit developm n or proiect district. and approved by~he director. Section [25-131] 25-5-25. Minimum building site average width. [The minimum building site average width requirements in the RD district shall be the same as the minimum 127 ZONING CO DRAFT 2/1/98 building site average width in RS districts] F_?ch building site in Lhe RD district- shall have a minimum average width of sixty feet. plus two feet for each five hundred square feet of rgq~ired buildine site area in excess of seven Lhousand five hundred square feet. except hat no building site shall be required to have an average width of more than one hundred fifty feet. Section [25-132] 25-5-26. Minimum yards. [The minimum yard requirements in the RD district shall be the same as the minimum yard requirements in RS districts] ~l 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 gquare feet to and including nine thousand nine hundred ninety-nine square feet. ~l Front and rear yards. fifteen feet: and j~l Side yards. eight feet for a one story building. and ten feet for a two-story buildine. ~.1 On a building site with a required azea of ten thousand square feet to and including n'neteen hou nd ine hundred ninety-nine square feet: fAl Front and rear yards. twenty feet: and Side yards. ten feet for a one story building. plus one additional foot for each additional story. ~3) On a building site with a required area of twenty thousand square feet or more: {Al Front and rear yards. twenty-five feet: and 1 Side yards._fifteen feet. 128 ZONING CODE REVISION DRAFT 2/1/86 Section [25-133] 2~5-,1~. 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 [RD-designated] building site jII1h~$p district; provided that the minunum 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 [an] 1~ RD district. (c) [Location of required off-street parking shall be the same as specified for RS districts.] Plan annroval shall be required for all new buildings and additions to existine buildings in the RD district. [ Article 6] Division 3. RM, Multiple-Family Residential Districts Section [25-134] 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 azeas between commercial or industrial areas and other districts of less intense land use. Section [25-135] 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 [shall indicate] indicates the required land area, in thousands of square feet, for each dwelling unit or for each sepazate rentable unit in the case of boarding, rooming, or lodging houses, [clubs, lodges,] 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 ~ RM [districts] district. 129 ZONING CODE REVISION DRAFl" 7/1/96 (c) The maximum density designation in (an] ~ RM district shall be .75 [which means] g~ seven hundred fifty square feet of land area per dwelling unit or separate rentable unit. (d) In [an] thg 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. Section [25-136] 2,~~. Permitted uses. (a) The following uses shall be permitted in ~g RM [districts] district: [(1) Same as the permitted uses in RS and RD districts. (2) Boarding, rooming, or lodging houses. (3) Clubs, lodges, social orders, and fraternal organizations. (4) Apartments. (5) Incidental and subordinate commercial or personal service uses that display no signs and have no direct access from any street frontage in apartment buildings with fifty or more rental units. (6) Bed and breakfast establishment. (7) Buildings and uses normally considered directly accessory to the above permitted uses.] 1 Adult day care homes. (21 Bed and breakfast establishments. as nermitted under section 25-4-7. (31 Boarding facilities. rooming. or lodgine houses. ~ Commercial or personal service uses. on a small scale. as annroved by the director,._provided that the total gross floor area does not exceed one thousand two hundred Suuare feet and a maxmmLm of five emolon vees• 130 ZONING CODOE~R~ ~'O~NB (51 Community buildings. as permitted under section 25-4-11. (61 Crop production. Dwellings. double-family or duplex. (81 Dwellings. multiple-family. (91 Dwellings. single-family. j101 Go f club houses and countn~ clubs where no structure or activity such as pools and games. is located closer than two hundred feet to anv nropgity line. (111 Golf course maintenance buildings. L121 Golf courses. provided that the edge of a tee or green is not closer than one hundred feet to any_prop~ line. X131 Family child care homes. (141 Grip living facilities. 1],~) Home occupations. as pgrmitted under section 25-4-13. 1161 Meeting facilities. (1'7) Model homes. as permitted under section 25-4-8. X181 Neig borhood parks. p~ground . to n' cou w'mming pools. and similar neighborhood recreational areas and uses. X191 Public uses and structures. as permitted under section 25-4-11. (201 Telecommunication antennas. as permitted under section 25-4-12. 1211 TeIppo~ real estate offices. as permitted under section 25-4-8. X221 Utility substations. as permitted under section 25~-11. (bl In addition to those uses permitted under subsection (gl above. the following uses shall be permitted in the RM district. provided that a use permit is issued for each use: 131 ZONING CODE REVISION DRAFT 7/1/96 (11 Care homes. ~,l Cemeteries. crematoriums and mausoleums. (31 Churches. temples and synagoeues• {41 Dav care facilities. ~l Hospitals. sanitariums, old age. convalescent. nursing and rest homes. Maior outdoor amusement and recreation facilities. (71 Mortuaries. [81 Schools. (91 Yacht harbors and boating facilities. j~) Buildings a_nd uses normal[y considered directly accessory to the use permitted in this section shall also be permitted in the RM district. Section [25-137] 2~-5-~~. Height pimits] Wait. (a) In areas in the County [other than] outside of the City of Hilo, the height [limits] unlit in the RM [districts] district shall be forty-five feet. (b) In the City of Hilo, [a height ofJ the h~ght limit in the RM district shall be one hundred twenty feet [may be permitted in RM districts]. Section [25-138] 25-5-34. Minimum building site area. [Each] Tll~ minimum building site in [an] ~r RM district shall [contain a minimum ofJ be seven thousand five hundred square feet. Section [25-139] Minimum building site average width. Each building site in [an] !hg 1ZM district shall have a minimum average width of sixty feet. Section [25-140] 25.x- Minimum yards. Minimum yards in [an] ~ RM district shall be as follows: 132 ZONING CODOE~R~ (1) Front and reaz yazds[:], twenty feet[.];~t[ (2) Side yards[:]. eight feet for ~ one story building, [eight feet] plus an additional two feet for each additional story [permitted]. Section 25-5-37. L.a_ndse~pin¢. Landscaoin¢ shall be provided on a tlitiimum of twenty_percent of the total land area of ~y building site in Lhe RM district. Parking areas shall not be included within the area required for landscan~g on anv b~ Lilding SILP• Section [25-141] 25.5.38. Other regulations. (a) There may be more than one main building on any building site in [an] Ih~ RM district. (b) Distance between buildings on the same building site in [an] S~ RM district shall be at least fifteen feet. (c) Plan approval [is] shall be required for all [uses and] new buildings and additions to existing buildings in [an] ~ RM district. Division 4. RCX, Residential-CotrLmercial Mixed Use Districts Section 25-5-40. Purpose a_nd aupli abili The RCX (residential-com-mercial mixed use) district provides for the mixing of some commercial uses wish residential uses. 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 azea. Section 25-5-41. Designation and density of RCX districts. (al Each RCX {zgsidential-commercial mixed use) district shall be designated on the coning map bp~,v the symbol "RCX" followed by a nLmber which indicates Lhe required land area. in thousands of square feet for each dwelling ni or for each separate rentable aril in 133 20NING CODE REVISION DRAFT2/1/86 the case of boarding. rooming. or lodgine houses. fraternity or sorority houses. or for each commercial unit. (bl In case any of the permitted uses have dormitories. two beds shall be equivalent to one separate rentable unit for p,~poses related to the required land area in the RCX district. (cl 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. (dl In the RCX district the following densi designations shall be used: .75. 1. 1.5. 2. 2.5. 3. 3.5. 4 and upward in 0.5 increments. Section 25-5-42. Permitted uses. (al The following uses shall be permitted in the RCX district: (jl Adult day care homes. (~,l Bed and breakfast establishments. as permitted under section 25~-7. (31 Boarding facilities. rooming. or lodgine houses. (4 Churches. temples and sLgog~s• (51 Commercial or personal service uses. on a small scale. as annroved by the director. (61 Community buildings. as permitted under section 25-4-11. (7) Convenience stores. (8) Croceproduction. (91 Dwellings. double-family or duplex. (101 Dwellings. multiple-family. (11) Dwellings. single-family. (121 Fami)_y child care homes. 134 ZONING CODE REVISION DRAFT 211/98 (1~ Golf club houses and country clubs where no structure or activity such as pools and games. is located closer than two hundred feet to anv nropglty line.. (141 Golf course maintenance buildings. (15) Golf courses. provided that the edge of a tee or green is not closer than one hundred feet to anv grope line. (mil Group living facilities. (17) Home occupations. as permitted under section 25-4-13. (181 Medical clinics. (19) Meeting facilities. (201 Model homes. as permitted under section 25-4-8. (211 Neighborhood parks. playgrounds. tennis courts. swimming pools. and similar nejghborhood recreational areas and uses. (22) Public uses and structures. as permitted under section 25-4-i 1. (23) Restaurants. including take-out restaurants. (mil Telecommunication antennas. as permitted under section 25-4-12. (Z5) Utility substations. as permitted under section 25-4-11. (bl In addition to those uses permitted under subsection (gl above. the following uses shall be permitted in the RCX district. provided that a use permit is issued for each use: {ll Care homes. (21 Cemeteries. crematoriums and mausoleums. (3) Dav care facilities. (4Lgpitals. sanitariums. old age. convalescent nursing and rest homes. (51 Maior outdoor amusement and recreation facilities. 135 ZONING CODE REVISION DRAFT 2/1/98 ~¢l Mortuaries. L.l Schools. ~$,l Yacht harbors and boating facilities. (cl Buildings and uses normally considered directly accessory to the above uses shall also be permitted in Lhe RCX district. Section 25-5-43. Height limit. The height limit in the RCX district shall be forty-five fps., 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. 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. Section 25-5-46. Minimum yards. Minimum yards in the RCX district shall be as follows: ~j,l Front and rear yards. twenty feet: and Side yards. eight feet for a one story buildine_;_nlus anadditional two feet for each additional story. Section 25-5-47. Landscanin¢. Landscaping shall be provided on a minimum of twen ercent of the total land area of any building site in the RCX district. Parking areas shall not be included within the area required for landscaping on any building site. Ser_tion 25-5-48. Commercial use restrictions. (~.l 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 privy for residents. 136 ZONING CODE REVISION DRAFT 7/1/98 ([21 No floor of any building in the RCX district shall be used for both dwelling and commercial p~poses. Section 25-5-49. Other regulations. (al There may be more than one main building on any building site in the RCX district. Ql Dist?nce between buildings on the same building site Ln Lhe RCX district shall be at least fifreen feet. (cl Plan annroval shall be required for all new buildings and additions to existine buildings in the RCX district. [Article 7] Division 5. RA, Residential and Agricultural Districts Section [25-142] 25-5-50. Purpose and applicability. The RA (residential and agricultural) district provides for low density large lot suburban or rural areas where the principal use is residential mixed with compatible agricultural uses. It may be characterized by residential estates, small farms, or subsistence lots. The RA district is not intended to be within areas designated as being in the state land use agricultural district. Section [25-143] 2,~-5-~1. 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 [shall indicate] indicates the required 9lmlallulllu number of acres [per] for each building site. For example RA-la means a residential agricultural district with a minimum building site azea of one acre. Section [25-144] 25-5-52. Permitted uses. (a) The following uses shall be permitted in lhp RA [districts] ~iSSIiGI: [(1) One single-family dwelling per building site. 137 ZONING CODRAFT 2/1/96 (2) Botanical gardens, nurseries and green houses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (3) Truck gazdening, crop, bush and tree farming, and all forms of plant agriculture. (4) Except for cooking and canning, any physical processing, storage and sale of plant products produced on the premises; provided that the site or buildings used for such processing, storage or sale shall be located at least seventy-five feet from any street bounding the property. (5) The raising or keeping of animals, except pigs, for home use or for sale elsewhere, provided that: (A) The requirements of the department of health aze 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 sixty feet from any residence. In case the adjoining lot is vacant and subsequently a residence is built on that lot, the animal enclosure shall be moved to conform to this requirement. (6) The raising and keeping of pigs, provided that: (A) The requirements of the department of health are met; (B) It is consistent with the development character of the neighborhood; (C) The parcel of land contains three or more acres; and 138 ZONING CODOE~R~ (D) Any building or enclosure for the keeping of pigs be at least sixty feet from any property line. (7) Golf courses, country clubs, swimming parks, tennis clubs and courts, and other similar recreational uses. (8) Public parks, public playground, and other similar public recreational areas that are essentially open lands. (9) Home occupations. (10) Commercial or boarding stables, when on a parcel of land containing at least five acres. (11) Private clubs, lodges, hunting and fishing lodges, and fraternal and social orders. (12) Guest or resort ranches. (13) Airfields, heliports and private landing strips. (14) Driving ranges, drive-in theaters, stadiums, sports arenas, and other similar open air recreational uses. (15) Veterinarian's office, clinic or animal hospital involving in-patient boarding only. (16) Aquaculture activity. (17) Subject to the approval by the director, buildings and uses accessory to the above permitted uses. (11 Adult day care homes. 139 ZONING COD~E~R~ ti7/O98 (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 property. Airfields. heliports and private landing strips. (4) Animal quarantine stations. (5) Aquaculture. (6) Botanical gardens. nurseries and green houses. seed farms. plant exner'mental tatio s_ arbore im . floriculh3re. and 'mil r u e deal'ng with the growine of plants. ~ Croceproduction. (8) Dwelli_ng,yingle famiiy~ one Mgr building site. (9) Family child care homes. (10) Golf club houses and country clubs. (11) Golf course maintenance buildings. (12) Golf courses. (13) Group living facilities. (141 Home occupations. as permitted under section 25-4-13. (15) 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 sixty feet from any dwelling unit. In case the adjoining lot is vacant and subsequently a 140 ZONING CODE REVISION DRAFT 2/1/98 dwelling unit is built on that lot, the animal enclosure shall be moved to conform to the requirement of this paragraph. (161 Public parks. public plav¢rounds. and other similar public recreational areas that are essentially open lands. (17) Public uses and structures. as permitted under section 25-4-i 1. (181 Roadside stands for the sale of agricultural products grown on the premises. (19) Stables. commercial or boarding. when on a parcel of land containine at least five acres. (201 Stadiums. sports arenas. driving ranges. and other similar open air recreational uses. Swimming parks. tennis clubs and courts. and other similar outdoor recreational uses. (22) Telecotnmunications antennas. as permitted under section 25-4-12. (231 Utility substations. as permitted under section 25-4-11. (241 Veterinarian's offices. clinics or animal hospitals involving in-patient boarding and out-patient services. (bl The following uses shall be permitted in the RA district,._provided that if a buildine 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: jll Bed and breakfast establishments. as permitted under section 25~-7. (~l Community buildings. as permitted under section 25-4-11. 141 ZONING CODE REVISION DRAFT 2/1196 (3) Country club . to ni clubs nd other s'milar recreational facilities which include buildines or indoor recreational features. (41 Drive-in theaters. (5) Guest or resort ranches. (6) Inns. (Z) Lodges. Meeting facilities. (9) Model homes. as permitted under section 25-4-8. (10) Temno~y 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 chanter 205. Hawaii Revised Statutes (ter,) The following uses may b~nermitted in the RA district. provided chat 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) Cemeteries. crematoriums and mausoleums. (2) Churches. temples and sy~gogues• (3) Day care facilities. (4) Hospital . ni art ~m .old age. convalescent. nursing and rest homes. (~,LMaior outdoor amusement and recreation facilities Mortuaries. (71 Schools. (8) Yacht harbors and boating facilities. 142 ZONING CODRAFT Zt 98 ~ B ~ildi gs and uses accessory to the uses pgrmi ed in hi ection chall al o be permitted in the RA district. Section [25-145] 25-5-53. Height [limits] ljplit. The height [limits] lituit in ~ RA [districts] district shall be thirty-five feet. Section [25-146] 25-5-54. Minimum building site area. The minimum building site area [to be designated for any] in the RA district shall be one-half acre[; other], 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. Section [25-147J 25-5-55. Minimum building site average width. Each building site in the RA district [must] shall have a minimum average width of one hundred feet for the [initial] flt~l 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. Section [25-148] Minimum yards. Minimum yards in ~ RA [districts] shall be as follows: (1) Front and rear yards[:], twenty-five feet[.]; ancj (2) Side yards[:], fifteen feet. Section [25-149] 25-5-57. Other regulations. If any legal building site in [any] ~r 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 [in] the yard requirements for the RS [districts] district. 143 ZONING CODOE~R~'S'~ [Article 8] Division 6. A, Agricultural Districts Section [25-150] 52 5-~4. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density residential use, Qp those rural lands suitable for agriculture and those suburban and rural lands having potential suitability for other uses but the time for zoning for the other uses is not yet appropriate or facilities to accommodate the expected density are not yet available. It applies to rural areas of good to marginal agricultural and grazing land or suburban or rural areas subject to urbanization, and a higher density use. Section [25-151] 25-5-61. 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 [shall indicate] indicates the required or minimum number of acres [per] for each building site. [(e.g.,] For example. A-l0a means an agricultural district with a [required] minituum building site area of ten acres[)]. Section [25-152] 25-5-62. Permitted uses. (a) The [permitted uses in A districts shall be as follows] following uses shall be permitted in the A district: [(1) One single-family dwelling per building site. (2) All forms of agriculture; the growing and gathering of crops, fruits, vegetables, flowers, trees, and other plants the raising and keeping of animals and fowls except as limited in paragraph (9) of this section. (3) Country clubs, parks, playgrounds, tennis courts, and other similar recreational areas that are essentially open lands and where none of the recreational features are entirely enclosed in a building. 1~ ZONING CODE REVISION DRAFT 211188 (4) Private clubs or lodges, hunting or fishing lodges, and fraternal and social orders. (5) Trailer parks with density of three thousand five hundred square feet of land area per trailer and with plan approval of the director. (6) Home occupations. (7) Dormitories and additional single-family dwellings for persons employed on the premises when found to be necessary to the conduct of an agricultural use by the dtrector. (8) Public dumps. (9) Piggeries, apiaries, and pen feeding of livestock when not closer than one thousand feet to any major public road or to any district other than a U district on sites approved by the department of health and the director. (10) Airfields, heliports, and private landing strips. (11) Commercial fertilizer yard utilizing only manure and soil. (12) The killing slaughtering or dressing for market of animals produced on the premises. (13) Fish and poultry hatcheries, including aquaculture activity. (14) Processing of agricultural products, which are raised or produced by an agriculturist, who shall substantiate such agricultural activity by the submittal of a general excise tax license to the planning department for acceptance. The processing facility(ies), which may include activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall secure final plan approval from the planning department. The setback requirements for the processing facility may be increased at the time of plan approval review to minimize potential noise, lighting, odor, vector and air quality impacts. Additional 145 20NINCa COD~E~R~ ~ mitigation measures, such as landscaping, may be imposed to reduce impacts to surrounding properties. (15) Processing of agricultural products, which are raised or produced by the agriculturist as accepted in section 25-152 (a)(14) and by other agriculturists; provided the processing facility(ies), which may include activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall secure final plan approval from the planning department. The setback requirements for the processing facility may be increased at the time of plan approval review to minimize potential noise, lighting, odor, vector and air quality impacts. Additional mitigation measures, such as landscaping, may be imposed to reduce impacts to surrounding properties. (16) Riding academies, rental or boarding stables, dog kennels and catteries. (17) Animal hospitals. (18) Commercial excavation or removal of natural building material or minerals. (19) Guest ranches. (20) Hunting and fishing lodges and preserves. (21) Use and buildings normally considered accessory to the above permitted uses subject to the approval of the director.] {ll Agricultural parks. (21 Agricultural products processing. maior and minor. provided that plan annroval is secured prior to commencing such use. Ai~mal hospi al . (41 Animal quarantine stations. ZONING CODE REVISION 146 DRAFT 211/98 (5) Aquaculture. (6) Botanical gardens. nurseries and green houses. seed farms. plant experimental stations. arboretums. floriculture. and similar uses dealing with the growing of plautS- (7) o n clubs. parks. camnerounds. p~ground . to nic court . w'mmine pools. and other similar open area recreational facilities. where none of the recreational features are entirely enclosed in a buildine. ($,L~production. Dwelline. single-family ac permitted under chanter 205. Hawaii Revised ~Iut~&. Farm dwellines. (11) Fertili?er yards utilizing,on y manure and soil. for commercial use. (12) Forestry. (13) Game and fish propagation. (L4) Golf club houses. (15) Gold course maintenance buildines. (16) Golf courses. (17) Group livipg facilities. (j;{~ Kennels. (19) Livestock production. provided that pigg ri iaries. and pen feeding of livestock shall only be located on sites approved by the state department of health and th_e director. and must be located no closer than one thousand feet away from anv maior public street or from anv other zocing di ri 147 ZONING COO~E~R~ ~'~8 (2(11 Public uses and stn1cturec which are necessary for agricultural practices. {211 Retention restoration. rehabilitation. or improvement of building or sites of historic or scenic interest. ( 1 Ridi g academies- and rental or boarding able . {2~) Roadside stands for the sale of agricultural produc . grown on the premises. {~~l Teleco mu ication antenna . a permitted under section 25-4-12. { 1 tiliri substations. as permitted under section 25-4-11. (26) Vehicle and eq~pment storage areas that are directly accessory to ~quaculture. crop production. g e aam nd fish propagation. livestock grazing and livestock production. {271 Wind en~gv facilities. {j~ The following uses shall be permitted in the A district. provided that a special permit is obtainett for such use if the building site is located within the state land use agricultural district: {ll Adult day care homes. {2) Airfields. heliports. and private landing rip {~,l 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. {61 Fami y child care homes. (71 Guest ranches. 148 ZONING COD~E~R~ tii/O96 (8~ Home occupations- as permitted under section 25-4-13. ~9) Inns• (10) Lodges and preserves. (111 Meetin cilities. (121 Model homes. as permitted under section 25-4-8. (131 Public dumps. (141 Public uses and structures. other than those necessary for agricultural practices. as provided under section 25-4-11. (15LTemnorary real estate offices. as permitted under section 25-4-8. (161 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. (],71 Uses. other than those specificallX listed in this section. which meet the standards for a ~.pecial permit under chanter 205. Hawaii Revised Statutes. (cl The following uses shall be permitted in the A districts. provided that either a use permit is issued for each use if the building site is outside of the sate land use agricultural district or a special permit is issued for each use if the building ite i wi hip he ate land u e agricultural district: j.ll Cemeteries. crematoriums and mausoleums. (21 Churches. temples and sy~gogues. (y3,L~y care facilities. {4~ HoSpital~,, saiitariums. old age. convalescent. nursing and rest homes. (51 Maior outdoor amusement and recreation facilities. (61 Mortuaries. 149 ZONING CODE REVISION DRAFT?/1/98 (71 Schools. (dl Buildings a_nd uses accessory to th_e uses permitted in this section shall also be nen?utted in the A district. Section [25-153] 25-5-63. Height [limits] 1unit. The height [limits] limit in ~ A [districts] district shall be rhw-irty-five feet for any residential stn3cb~re. including in le- family dwelling. or farm dwelling. and forty-five feet for all other structures. Section [25-154] 25_5_64. Minimum building site area. The minimum building site area [to be designated for any] in the A district shall be one acre. Other A districts having larger areas may be designated in increments of one acre up to a recommended maximum of ten thousand acres. Section [25-155] Z~$St~. Minimum building site average width. Each building site in the A district [must] shall have a minimum average width of one hundred twenty feet for the first acre of required area plus twenty feet for each additional acre of required area. The maximum required average width for any building site shall be one thousand feet. Section [25-156] 25-5-66. Minimum yards. (a) Except as otherwise provided in [other subsections ofJ this section, the minimum yards [required] in ~ A [districts] t [are as follows: (1) Front] shall be thirty feet for front and rear [yard] yards. and [(2) Side yard:] twenty feet for side yards. (b) In tll~ A [districts] district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least one hundred feet from the front property line. 15~ ZONING COD~E~R~ (c) For accessory uses such as saran shade and similar fabric shade structures used in controlling amount of sunlight in the raising of plants and flowers, side and front yards in lhtr A [districts] district shall be at least ten feet, except where the A [districts] district [share] shares common boundaries with urban zones and main government roads. (d) For accessory uses such as plastic roofed and saran shade 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, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than saran aze 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. Section [25-157] 25-5-62. Other regulations. If any legal building site in [an] the A district has an area of less than one acre, then the yazd and height requirements for the building site shall be the same a the~yard and heig t r quirements in the RS [districts] district. [Article 9] Division 7. IA, Intensive Agricultural Districts Section [25-158] 25-5-70• Purpose and applicability. The IA (intensive agricultural) district provides for the preservation of highly productive lands for agricultural purposes as provided for in the general plan. It applies to rural azeas of good agricultural lands and the intervening gullies and steep slopes which aze not subject to urbanization or higher density uses as spelled out in the general plan. All IA districts shall be located within the state land use agricultural or conservation district. 151 ZONING CODOE~R~ Section [25-159] 25,E-21. Designation of IA districts. The IA (intensive agricultural) [districts] district shall be designated by the [symbols] symbol "IA" followed by a number [indicating] toeether with the lower case letter "a" which indicates the required or minimum number of acres [required per] for each building site. Section [25-160] 25.5.72. Permitted uses. (a) The following [are] uses shall be permitted [uses] in ~ IA [districts] district: [(1) One single-family dwelling per building site. (2) Sugar growing. (3) Orchards. (4) Diversified agriculture -the growing and gathering of crops, fruits, vegetables, flowers and other plants. (5) Processing, storing, packing, shipping, and selling products produced on the premises provided the site or building used for such activity shall be at least one hundred feet from any property line. (6) Piggeries, apiaries, and penfeeding of livestock when not closer than one thousand feet to any major road or to any district other than U or A on sites approved by the health department and the director. (7) In areas over thirty percent slopes and in gullies within this district where rough terrain discourages intensive agricultural uses, the director may approve any other uses as listed under RA or A districts. (8) Aquaculture activity. (9) Uses and buildings normally considered accessory to the above permitted uses subject to the approval of the director.] 152 ZONING CODOERAR~ ~ ~O~ ~,1) Agricultural parks. (2) Agricultural prod ~ processing- maior end minor. provided that plan. ~pyroval is secured prior to commencing such use. (3) Aquaculture. (4) Croceproduction. (5) Farm dwellings. (6) Forestry. (7) Livestock production. provided that pigg re ies. aviaries and Hen feeding of livestock shall not be closer than one thousand feet to any maior road or to anv district other than the A district on building sites annroved by the state dep rtment of health and the director. Rblic uses and structures which are necessary for agricultural practices. (2) Telecommuiication anten-vas. as permitted under section 25-4-12. (10) Utility substations. ae,~ermitted under section 25-4-i1. (b) The following uses may be permitted in the IA districts. provided that a special Hermit is obtained for such use: (1) Cemeteries. crematoriums and mausoleums. (2) Churches. ~3) Community buildings as permitted under section 25-4-11. (4,) Day care centers. (5) Hos~gitals. (6) Public uses and structures. other than those necessary for agricultural p~poses. as yermitted under section 25-4-11. 153 ZONING CODE REVISION DRAFT T/1/88 (7) e o he hap ho a specifically listed in phis section. which meet [he standards fora . cial permit under chanter 205. Hawaii Revised Statutes. (c) In IA districts in areas with over thirty percent slope. in ,gullies. and where rough terrain discourages intensive agricultural uses. the director may~pprove any other uses which are petrnitted in the RA or A districts. ~l Building nd u e acre ory to tb_e uses permitted in this section shall also be permitted in the IA district. Section [25-161] 25-5-73. Height [limits] limit. The height [limits] j~ in ~ IA [districts] district shall be [the same as in A districts,] 1hlIly-five feet for apy residential structure. including~y farm dwelling. and fo v-five feet for all other structures. [except that the] ~g director may. however. permit by plan approval, any [farm] non-residential agricultural structures to be [built] constructed to a height of one hundred feet, [which action need only determine] if the director determines that the [extra] additional height above the f~-five foot height limit is necessary. Section [25-162] 25-5-74. Minimum building site area. The minimum building site area [to be designated for any] lII..Lll~ IA district shall be three acres [up to a maximum of ten thousand acres]. The recottunended maximum building site is ten thousand acres. Section [25-163] ?,~~5. Minimum building site average width. [The minimum] E~11 building site [average width] in ~ IA [districts] district shall [be the same as in the A districts] have a minimum average width of one hundred sixty feet for the first three acres of mquied area. plus twenty feet for each additional acre of required area. The maximum required average width for any building site shall be one thousand feet. 154 ZONING CODE REVISION DRAFT211/98 Section [25-164] 25-5-76. Minimum yazds. [The minimum yards in IA districts shall be the same as A districts.] ~ Except as otherwise pSovided in this section. the minimum yards required in the IA district shall be shirty feet for front and rear yards. and twenty feet for side y~rd~ ~l In the LA district. accessory buildings and enclosures (other than fences under ei¢ht feet hig[tl for the shelter and cotLfinement of an}~ livestock shall be at least one hundred feet from the front proper line. ~c) For accessory uses such as saran shade and similar fabric shade structures used in controlling amount of sunlight in the raising of plants and flowers. side and front yards in the IA district shall be at least ten feet. except where the IA district shares common boundazies with urban zones and main government roads. (dl For accessory uses such as plastic roofed and saran shade wooden or metal framed strucf~res used in controlling the amount of sunight. rainfall. wind and ocher elements of nature in the raising of fruits- vegetables and similar agricultural products. side and front yards shall be at least ten feet except where: (11 Exterior walls of an~~ lY.pe other than saran are added to the wooden or metal fr med struct'~re: ~.l The specific use allowed is abandoned: and (31 The IA district shares common boundaries with urban zones and main government roads. Section [25-165] 25_5_77. Other regulations. If any building site in [any] ~ IA district has an area of less than three acres, tip the minimum yards shall be the same as the 155 ZONING CODE REVISION DRAFT 7/1/96 yards in an RA district having an area requirement nearest to that of the subject building site lII the IA district. [Article 10] Division 8. V, Resort-Hotel Districts Section [25-166] ~,~-$Q. Purpose and applicability. The V (hotel-resort) 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 aze 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. Section [25-167] 25-5-81. Designation and density of V districts [and density]. (a) [District designation and density of V (resort-hotel) districts shall be the same as in RM districts except that the symbol "V" shall be used.] Each V (resort-hotel,) district shall be designated on the zoning man 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 anv of th_e rmitted uses have dormitories. two beds shall be equivalent to one separate rentable unit for F~oses related to the required land area in the V district [(b)] Maximum density designation [for] j~ V district shall be [no more than one rentable unit for each] .75 or seven hundred fifty square feet of land area for each dwelling uTtit or separate rentable utit. [(c)] ~ [Although no limit is placed on the increments] In the V district. no limitation shall be Placed on the increments used between the various density designations[, it is expected that normally the following will be used:]: however. t_he recom-mended incremental density 156 ZONING CODE REVISION DRAFT 2/1/98 desjtrnations are: .75, 1, 1.25, 1.5 and upward [as deemed necessary by the planning commission] in 0.25 increments. Section [25-168] 25.5.82. Permitted uses. (a) The following uses [aze] i~L l~kg permitted in ~g V [districts] district: [(1) Hotels, resorts, resort motel, and condominium buildings. (2) Single-family, duplex or double-family, and multiple-family residential dwellings. (3) Bed and breakfast establishment. (4) Commercial uses of the following types when subordinate to and located in a hotel or main resort building and oriented so that access to such uses is not available directly from any street or adjoining property: coffee shop, snack bar, restaurant, tap room, bar, cocktail lounges, night club, magazine and newsstands, tobacconist, camera shop and accessories, travel service counters, florist shops, novelty shops, specialized clothing shops, personal service uses, drug store, specialized food shop (as opposed to the general store), and "art in action" booths or shops (the making, displaying and sale of objects of art, small handcraft objects, hand weaving or spinning products, jewelry, paintings, hand made pottery or figures, hats or other very similar products). (5) Parking lots or buildings, taxicab stations, and offices. (6) Small boat hazbors and docks. (7) Dance pavilions, open-air theaters, or theaters for stage production or for motion pictures. (8) Travel agencies and tourist information centers. 157 ZONING CODE REVISION DRAFT 2H/BB (9) Other uses which the director determines to be necessary to the proper functioning of a resort area.] (11 Adult day care homes. ~1 Amusement and recreational facilities. indoor. (31 Art galleries. museums. (41 Automobile service stations. ~l Bed and bre kfact a tabu ment . a permitted under section 25-4-7. (,~,1 Business services. Cabarets. light clubs and dance halls. ($1 Churches. temples. and other institutions of religious. cultural. philanthropic or charitable nature. (91 o mercial parking lots and ga~gec. (101 Commuiyly buildings. as permitted under section. 25-4-11. (111 Dav care facilities. (121 Dwellings. double-family or duplex. (131 Dwellings. multiple-family. (14) Dwellings. single-family. (1 1 F miiy child care homes. (16) Financial institutions. (171 Golf clubhouses. (181 Golf course maintenance building (191 Golf courses. ,(20)1 Group iving facilities. 158 ZONING CODOE~R~ ~'/O~N (21) Home occupations. as permitted under section 25-4-13. (221 Hotels. 3) Inns• (241 Lodees. ~5) Medical clinics. (mil Meeting facilities. (mil Maior outdoor amusement and recreation facilities. (mil Model homes. as permitted under section 25-4-8. (mil Parks. (301 Personal services. (311 Photogranhv studios. (321 Public uses and structures. as permitted under section 25-4-11. ~l Restaurants. including take-out restaurants. (~4) Retail establishments. (35) Telecommunication antennas. as permitted under section 25-4-12. X361 Temnorarv real estate offices. as permitted under section 25-4-8. X37) Time share units. (381 Utility substations. as permitted under Section 25-4-11. (391 Visitor information centers. (1zl In addition to those uses permitted under subsection (al above. the following uses shall be ,permitted in the V district. provided that a use permit is issued for each use: Lll Cemeteries. crematoriums and mausoleums. (~l Hospi al . a itari m . old_ age. convalescent. n ~r 'ng and rest homes. 159 ZONING CODE REVISION DRAFT 2H/96 (3) Yacht harbors and boatine facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be Permitted in the V district. Section [25-169] 25-5-83. Height [limits] I]1u[t. (a) The height [limits for a building or structure] lilnlt in ~ V [districts] shall be forty-five feet. except in those areas designated in subsections (mil and (~l below. (b) The height [limits for a building or structure in VH districts] limit in the V district in the City of Hilo shall be one hundred twenty feet. (c) The height [limits for a building or structure in VH districts] 1'mit 'n he V di rict at Keauhou Bay and Kahaluu Bay shall be ninety feet. Section [25-170] 2~5=$4. Minimum building site area. [Each] The m~inLmum building site in [a] ~r V district shall [contain a minimum ofJ ]fig fifteen thousand square feet. Section [25-171] 25-5-85. Minimum building site average width. Each building site in [a] 1~ V district shall have a minimum average width of ninety feet. Section [25-172] 25-5-86. Minimum yards. [(a)] The minimum yazds in 1~ V [districts] shall be as follows: (1) Front and rear yards[:], twenty feet[.]: and [(2) Reaz yazds: twenty feet.] [(3)] ~ Side yards[:], eight feet for one story[;], and an additional two feet for each additional story. Section 25-5-87. Landscaoin¢. Landscanine shall be provided on a minimum of w my percent of the total land area of any building site in the V district. Parl~ng areas shall not be included within the area required for landscaping on anv building site. 160 ZONING CODE REVISION DRAFT 2H/98 Section [25-173] 5 Other regulations. (a) [There may be more] More than one main building may be situated on any building site in the V district. (b) [Distance] The distance between main buildings on one building site in the V district shall be at least fifteen feet. (c) Plan approval [is] shall be required [of all structures and uses] for all new structures and additions to existing structures in the V district. [(d) Preliminary plans indicating use of land and proposed structures shall be submitted with the zoning application to the director for review.] [Article 11. CO, Commercial Office Districts. Section 25-174. Purpose and applicability. The CO (commercial office) district applies to areas suitable and desirable for professional and administrative activities. Section 25-175. Designation of CO districts. CO (commercial office) districts shall be designated by the symbol "CO", followed by a number indicating the number of thousands of square feet required per building site. Section 25-176. Permitted uses. (a) The following are permitted uses in CO districts: (1) Business, administrative, professional, executive, financial, editorial, medical, dental, and real estate offices, and any other similar office use which will not be detrimental to the character of the district. (2) Medical and dental centers, groups, or clinics not permitting in-patients. (3) Prescription pharmacies, banks, lending agencies, title companies, photographer or commercial artist studios, and modeling agencies. 161 ZONINO CODE REVISION DRAFT 21/98 (4) Public buildings for uses similar to the above. (5) Lunch counters, coffee shops, barber shops, beauty pazlors, tobacconists, and news and magazine stands, provided they are located within a building containing one of the uses listed in paragraph (1), (2), or (3) of this section as a principal use. (6) Automobile parking lots or buildings. (7) Drug stores, restaurants, cocktail lounges, and night clubs. (8) Business and technical schools. (9) Schools and studios for photography, art, music, and dance. (10) Hotels, apartment-hotels, and condominium buildings provided that the density shall not exceed one rentable unit for each one thousand two hundred fifty square feet of land area within the building site and allocated for resort and accessory uses only. (11) Bed and breakfast establishment. (12) Uses clearly accessory and incidental to the above listed uses. Section 25-177. Height limits. (a) The height limits in CO districts shall be as follows: (1) Except as provided elsewhere in this section, not higher than thirty feet. (2) In the City of Hilo, not higher than one hundred twenty feet. Section 25-178. Minimum building site area. The minunum building site area in CO districts shall be twenty thousand square feet. Section 25-179. Minimum building site average width. The minimum building site average width in CO districts shall be one hundred feet. Section 25-180. Minimum yards. (a) The minimum yazds in CO districts shall be as follows: 162 ZONING CODE REVISION DRAFT 7/1/96 (1) Front or rear yard: twenty-five feet. (2) Side yards: none, except as required by plan approval. Section 25-181. Other regulations. Plan approval is required of all structures and uses in CO districts.] (Article 12] Division 9. CN, Neighborhood Commercial Districts Section [25-182] 25.5.90. 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. Section [25-183] 25-5-91. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the [symbols] symbol "CN" followed by a number [indicating] which indicates the minimum [number ofJ land area. jn thousands of square feet, required [per] for each building site. Section [25-184] 25.5.92. Permitted uses. (a) The following uses shall be permitted in She CN [districts] [(1) All retail uses that are conducted entirely within a building. (2) Automobile service stations, fire changing or pickup stations, and commercial parking lots or buildings. (3) Banks, lending agencies, and financial institutions. (4) Barber and beauty shops. (5) Launderette, cleaning and pressing service, and pickup stations. 163 ZONING CODE REVISION DRAFT?l1/96 (6) Lunch counters, coffee shops, restaurants, bars, and cocktail lounges provided that no live entertainment is provided that no live entertainment is provided or dancing is allowed. (7) Medical and dental centers, groups, or clinics not permitting in-patients. (8) Museums, librazies, and community, public and public service buildings. (9) Offices for business, administrative, professional, executive, financial, real estate, editorial, medical, dental, and other similar uses. (10) Photography or commercial art studios and modeling agencies. (11) Prescription pharmacies. (12) Repair shops for personal or household items, radio, television, and small electrical appliances. (13) Shoe repair, clothes mending, and tailor shops. (14) Drive-in facilities for retail sales or services. (15) Bed and breakfast establishment. (16) Any use permitted in a RM district with a maximum density of one thousand two hundred fifty squaze feet of land azea per rentable or dwelling unit. (17) Buildings and uses normally considered directly accessory to the above permitted uses.] (11 Adult day care homes. (21 Automobile service stations (3) Bed and breakfast establishments. as permitted under section 25-4-7. 164 ZONING CODE REVISION DRnFr virea (41 Boarding facilities. rooming. or lodgine houses. provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. Business services. (61 Churches. temples and synagog<ies• (71 Community buildings. as permitted under section 25-4-11. (81 Convenience stores. f2) Croceproduction. (101 Dav care facilities. (111 Drive-thru establishments. (12) Dwellings. double-familxor duplex. provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelline unit. (13) 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. (14) Dwellings. single-family. (15 Family child care homes. (161 Financial institutions. (17) ro living facilities. (,L) Home occupations. as permitted under section 25-4-13. (191 Libraries. (201 Medical clinics. i21) Meeting facilities. 165 ZONING CODOE~R~ (221 Model homes. as permitted under section 25-4-8. (231 Mortuaries. (241 Museums. .(251 Neig borhood parks' playgrounds. tennis courts.'swimming pools. and similar neighborhood recreatio~l areas and uses. (261 Offices. (Z?? Open air markets. (281 Personal services. (291 Photograohv studios. X301 Public uses and structures. as permitted under section 25-4-11. (311 Repair establishments. minor. (3~ Resturants. includine ake-out re a grant . (mil Retail establishments. ~l Schools. (35) Telecommu>ication antennas. as permitted under section 25-4-12. (36) Theaters. (371 Utility substations as permitted under Section 25-4-11. (bl In addition to those uses permitted under subsection (al above. the following uses shall be permitted in the CN district. provided that a use permit is issued for each use: ~.l Cemeteries. crematoriums and mausoleums. (cl Buildings and uses normally considered directly accessory to the uses permitted in Lhis section shall also be permitted in Lhe CN district. 166 ZONING CODOE~R~ ~'/O~N Section [25-185] 25-5-93. Height [limits] ]~Itit. The height [limits] limit in [a] ~ CN district shall be forty feet. Section [25-186] 2~-5-Q4. Minimum building site area. The minimum building site area in ~?g CN [districts] district shall be seven thousand five hundred square feet. Section [25-187] 52.5)-~ Minimum building site average width. [The minimum building site average width] Each building site in ~r CN [districts] district shall [be] ltave a minimum average width of sixty feet. Section [25-188] 25-5-96. Minimum yards. The minimum yards in ~ CN [districts] district shall be as follows: (1) Front and rear yards[:], fifteen feet[.]: and (2) Side yards[:]s none, except [as required by plan approval] joining building site is in a RS_ RD. RM. RCX or V district. Where the side yard adioins the side yard of a buildine site in a 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 adioini g district. Section 25-5-97. Landscaoin¢ of yards. (a) All front yards in the CN district shall be landscaped. except for necessary access drives and walkwavs. (b) Where any required side or rear yard in the CN district adioins a building site in a RS. RD. RM or RCX distict. the side or rear v rd chall be land coed with a screecing hed¢e not less than forty-two inches in height. within five feet of the FroFgl(y line. excepi for necessary drives and walkways. 167 20NING CODw,FT 2/1/98 Section [25-189] ?~~-2$. Other regulations. (a) In cogiunction with plan approval. [The] ~ director may [under plan approval, permit or] require the construction of a continuous eave overhanging the front property line lII the CN district. The director [and] may require [it to] that the eave be of similar height and design in any one block of the CN district. (b) [Any product produced or made within a CN district must be sold on the premises where produced. (c)] Plan approval [is] shall be required [ofJ f4i all new structures and [uses] ~S[i11~II& To existing structures in the CN district. [Article 13] Division 10. CG, General Commercial Districts Section [25-190] 25-5-100. Purpose and applicability. (a) The CG (general commercial) district applies to [areas] 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. Section [25-191] 25-5-101. Designation of CG districts. Each CG (general commercial) district shall be designated by the [symbols] svmbol "CG" followed by a number [indicating] which indicates the minimum [number ofJ land area. in thousands of square feet, required [per] for each building [azea] ~jlg. Section [25-192] 25.5.102. Permitted uses. (a) The following uses shall be permitted uses in thg CG [districts] 168 ZONING CODOE~R~ [(1) Any use listed as a permitted use in any CO and CN district. (2) All retail uses that are conducted entirely within a building. (3) Personal service uses. (4) Banks, lending agencies and financial institutions. (5) Manufacturing of non-noxious type where the only retail sales outlet for products produced is on the premises where produced. (6) Art galleries. (7) Automobile parking lots and buildings or storage garages. (8) Display rooms for products sold elsewhere. (9) Caterers. (10) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (11) Newspapers, publishing houses, printing shops, cartographer, and duplicating processes such as blueprinting or photostating. (12) Restaurants (other than "drive-ins", bars, cocktail lounges, and night clubs). (13) Repair shops for personal or household items, and "fix-it" shops. (14) Private clubs, social orders, fraternal groups, and other similar organizations. (15) Tour, travel, and ticket agencies. (16) Business, technical, or trade schools; art modeling, music, dancing, photographic, or other similar studios or academies. 169 ZONING COD~E~R~ (17) Public service or public utility uses but excluding any service, equipment, or storage yazd or power plants therefor. (18) Automobile service stations or garages; excluding body and fender works, electric fire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely enclosed building, car washes or laundries other than those utilizing automatic or steam cleaning equipment. (19) Bakeries. (20) Radio and television broadcasting stations or studios. (21) Commercial amusement establishments such as bowling alleys, skating rinks and pool halls. (22) Drive-in uses. (23) Equipment sales and rental yards, used car lots and, other yards where retail sales products are displayed in the open. (24) Food lockers and ice storage and dispensing. (25) Gymnasiums, physical culture studios, and reducing salons. (26) Hospitals of all types and sanitariums. (27) Hotels, apartment-hotels, and condominium buildings provided the density shall not exceed one rentable unit for each five hundred square feet of land azea within the building site. (28) Indoor sports arenas, auditoriums, and theaters. (29) Electrical, plumbing, and furniture upholstering shops provided that all materials are kept, and all activities are conducted entirely within a building. (30) Residential use in connection with the operation of any permitted use. 1,70 ZONING CODOE~R~ (31) Model homes for display purposes only provided they are not placed on permanent foundations and provisions are made for their removal at the end of a specific period of time, not to exceed one year. (32) Bed and breakfast establishment. (33) Uses normally considered accessory, incidental and subordinate to the above uses.] (1) Adult daycare homes. (21 Amusement and recreation facilities. indoor. (31 Art galleries. museums. (41 Art studios. (51 Automobile service stations. (61 Automobile sales and rentals. IZl Bars and cocktail lounees• nightclubs and cabarets. Bed and breakfast establishments. as permitted under section 25-4-7. ~ Boarding,facilities. rooming. or lodQine houses. provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (101 Broadcasting stations. Il Business services. (121 Car washine. provided that it is mechanized in sound attenuated stn3ctures. or sound attenuated walls are erected and maintained on the propgttY lines. 113) Catering establishments. (141 Churches. temples and synagoeues• 171 ZONING CODRAFT2/1/98 (151 Cleaning~lants using only non-flammable hydrocarbons in a sealed unit as the cleansing~,gent• (161 Commercial parking lots and garages. X171 Community buildings. as permitted under section 25-4-11. (181 Convenience stores. (191 Croceproduction. (201 Dav care facilities. (211 Display rooms for products sold elsewhere. (221 Drive-thnv establishments. (,231 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. (24) Dwellings. multiple-farm y. provided that the maximum density shall be seven hundred fifty cquare feet of land area per rentble unit or dwelling unit- (251 Dwellings. single-family. 6~1 Equipment sales and rental yards. and other yards where retail products are displayed in the open. j~7) Family child care homes. (mil Farmers markets. provided that the products are limited to the selling of local fresh and/or raw produce. (mil Financial institutions. ~0) Golf clubhouses. (311 Golf course maintenance buildings. l72 ZONING CODE REVISION DRAFT 7Hl98 (321 Golf courses. 1331 Groun lliving facilities. (341 Home occupations. as permitted under section 25-4-13. ( 1 Ho pitals. saiitariLms. old age. convalescent. nursing nd rest homes and other similar uses. (361 Hotels. (371 Ice stodge and dispensing facilities. X381 Inns• ~~l Laboratories. medical and research. (401 Laundries. (41) Light manufacturing,.~rocessing and packagjnt~ where the onlX retail sales outlet for prod produced is on the premises where produced. (42) Medical clinics. ~4~,1 Meeting facilities. (44) Model homes. as permitted under section 25-4-8. X451 Mortuaries. (464) Neighborhood parks- playgro end . to ni co in . wimming„pools. and similar neighborhood recreational areas and uses. f471 Offices. (48) Open air markets. (491 Personal services. (501 Photograohv studios. ~~l Public uses end structures. as permitted under section 25-4-11. 173 ZONING CODE REVISION DRAFT211/98 (52) Printing shops. cartogran~ hing and dupli a ing processes such as blueprinting or photostating shops. ($3) Repair establishments. minor. (54) Restaurants, including take-out restaurants. (55) Retail establishments. (56) chool , Teleco munication ante n , ac permitted under section 25-4-12. (58) Theaters. (591 Utjlily substations. as permitted under section 25-4-11. (~0) Veterinarian establishments in sound attenuated buildings. (611 Yacht harbors and boating facilities. In addition to chose uses permitted under subsection above. the following u_,eg shall be permitted in the CG district. provided that a use permit is issued for each use: Ce eteries. crematoriums and mausoleLms. Maior outdoor amusement and recreation facilities. ~3) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of anv permitted use shall be permitted in the CG district. fd) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. Section [25-193] 25~-1Q~. Height [limits] (a) The height [limits] limit in the CG district shall be [as follows: 174 ZONING CODE REVISION DRAFT 7/1198 4 (1) Except as otherwise provided elsewhere in this section, not higher than] forty-five feet. except in those areas designated in subsections (b and (cl below. [(2)] ~ The heig t limit [In] jp the City of Hilo[, not higher than] shall be one hundred twenty feet [;and], [(3)] ~ The height limit [In Kailua-Kona] in those areas in the North Kona district designated as high density urban on the general plan land use pattern allocation guide (LUPAG) mao [not higher than] ~ ninety feet. Section [25-194] 25-5-104. Minimum building site area. The minimum building site area in [a] ~ CG district shall be seven thousand five hundred square feet. Section [25-195J~5 5 ~Q~. Minimum building site average width. [The minimum] Fah building site [average width] in [a] ~ CG district shall [be] have a minimum buildine site average width of sixty feet. Section [25-196] ?~~-14¢. Minimum yazds. The minimum yards in ~g CG [districts] ~ shall be as follows: (1) Front or reaz yazds[:] ~ fifteen feet[.]• and (2) Side yards[:], none, except [as required by plan approval] where the joining building site is in a RS. RD. RM or RCX district. Where the side yard a joins the side yard of a buildine site in a RS. RD. RM or RCX district. there shall be a side yard which conforms to the side yard requirements for dwelling use of the adioining district. Section 25-5-107. Landscapine of yards. All front yards in the CG district shall be landscaped. except for necessary access drives and walkways. 175 ZONING CODE REVISION DRAFT ?/1/98 Where agy~quired side or rear yard in the CG district adjoins a building site in a RS. RD. RM or RCX district. the side or rear yard shall be landscaped with a screening hedee not less than forty-two inches in height. within five feet of the prop line. except for necessary drives and walkways. Section [25-197] 25.5.108. Other regulations. Plan approval [isj shall be required [ofJ ~ all new structures and [uses] additions to existing structures in ~ CG [districts] [Article 14] Division 11, CV, Village Commercial Districts Section [25-198] 25-5-110• Purpose and applicability. The CV (village commercial) district [applies to an area that allow] provides for a broad range or variety of commercial and [related] light industrial uses that are necessary to serve [a somewhat isolated residential or working population] 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. Section [25-199] ~-111. Designation of CV districts. F~11 CV (Village Commercial) [districts] district shall be designated by the [symbols] gymbol "CV" followed by a number [indicating] which indicates the minitnum land area. in number of thousands of square Feet, required [per] for each building site. Section (25-200] 1,$-5-111. Permitted uses. (a) The following uses [aze] shall be permitted in [a] ~ CV district: [(1) Any of the uses listed directly as permitted uses in a CN district. (2) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. 176 ZONING CODOE~R~ ~'/O~N (3) Newspapers, job printers, blueprinters and similar uses which aze obviously designed to primarily serve the local area. (4) Repair shops for household items and fix-it shops. (5) Automobile service stations and drive-ins for retail sales or services. (6) Automobile service, repair, and upkeep uses. (7) Restaurants, bars, and cocktail lounges. (8) Manufacturing of products and distributed to retail outlets located in the immediate community which is served by this district as approved by the director, except for concrete or asphalt products. (9) Community clubs or social or fraternal orders. (10) Rooming or boarding houses. (11) Residential uses in connection with the operation of any permitted uses. (12) Bus and tour stops; ticket agencies. (13) Commercial amusement establishments. (14) Used car lots. (15) On a small scale any craft or shop for same; such as, carpenter, electrician, plumber, metal worker, and other similar uses, provided there aze not more than five employees. (16) A hotel, if such use and design conform to the character of the area and the district regulations and are approved by the director. (17) Bed and breakfast establishment. (18) Other uses similar to the permitted uses or to any of the above listed uses. (19) Accessory uses, normal and subordinate to the above uses.] 177 ZONING CO DRAFT 2H/98 (11 Adult day care homes. (21 Amusement and recreation facilities. indoor. ~,~galleries. museums. i,¢l Automobile sales and rentals. ~5 Automobile service stations. Bars and cocktail lounges. (71 Bed and breakfast establishments. as permitted under section 25-4-7. i$1 Boarding facilities. rooming. or lodging houses. provided that the maximum densiq~ shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (91 Business services. j101 Churches. temples and synagogues. X11) Commercial parking lots and garages. X12) Community buildings. as permitted under section 25-4-11. (131 Convenience stores. X41 Crop production. ~ 51_) Day care facilities. (161 Drive-thru establishments. (171 Dwellings. double-family or duplex. provided that the maximum density shall be one thousand two hundred fifty~quare feet of land area rentable unit or dwelling unit. (181 Dwellings. multiple-family. provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 17% ZONING CODOE~R~ (19) Dwellings. single-family. (20) Family child care homes. (21) Farmers markets. provided that the products are limited to the selling of local fresh and/or raw produce. fish and local homegrown and homemade products and wares. (22) Financial institutions. (23) Golf clubhouses. (24) Golf course maintenance buildings. Golf courses. ( 6) Group liv' g facilities. (271 Home occupations. as permitted under section 25-4-13. (28) Hospitals. sanitariums. old age. convalescent. nursing and rest homes and o her 'milar ucec. Hotels. when the design and use con-form to the character of the area. as annroved by the director. (30) Inns. (31) Laboratories. medical and research. (32) Libraries. (33) Lodges. (34) Manufacturing. processine and packaging~ght 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. ~,,5) Medical clinics. (36) Meeting facilities. 179 ZONING CODE REVISION DRAFT 2Ii198 (371 Model homes. as permitted under section 25~-8. (381 Mortuaries. (39 Neighborhood parks. p~ygrounds. tennis courts. swimming pools. and similar neighborhood recreational areas and uses. (40) Offices. (411 Open air markets. 542) Personal services. (431 Photogranhv studios. (441 Public uses and structures. as permitted under section 25-4-11. (451 Publishing nlants for newspapers. books and magazines. printing shons. cartog~~g. and dttplicating~rocesses such as blueprinting or photostating shops. which are desig en d to primari y serve the local area. 5461 Repair establishments. maior. when there are not more than five ~plovees. as annroved by the director. (471 Repair establishments. minor. j48) Restaurants. including take-out restaurants. (491 Retail establishments. (501 Schools. Telecommunication antennas. as permitted under section 25~-12. 5,521 Temporary real estate offices. as permitted under section 25-4-8. 5,~1 Theaters. (541 Utility substations. as permitted under section 25-4-11. 180 ZONING CODE REVISION DRAFT211/98 In addition to those uses permitted under subsection (gl above. the following uses shall be permitted in the CV district. provided that a use permit is issued for each use: ll) Cemeteries. crematoriums and mausoleums. (~,Lgjor outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. j~l Residential uses in connection with the operation of any pernvtted uses shall be permitted in the CV district. (dl Buildings and uses similar to the permitted uses listed in subsection above shall >gpermitted in the CV district. as approved by the director. Buildi gs and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CV district. Section [25-201] 25-5-113. Height pimits] Wujt. The height [limits] limit in )]fir CV [districts] district shall be thirty feet. Section [25-202] 25-5-114. Minimum building site area. The minimum building site area in ~r CV [districts] district shall be seven thousand five hundred square feet. Section [25-203] 25.E-ll~. Minimum building site average width. [The minimum] E~13 building site [average width] in ~ CV [districts] district shall [be] have a minimum b ildi site average width of sixty feet. Section [25-204] 25-5-116. Minimum yards. The minimum yards in ~ CV [districts] district shall be as follows: (1) Front or reaz yards[:], fifteen feet[.] ;~t1Sl (2) Side yards[:], none, except [as required by plan approval] where the adioiiing build' g site is in a RS. RD. RM or RCX district. Where the side yard a 'oins the 1 H 1 ZONING CODOE~R~ ~;/O~N side yard of a building site in a RS. RD. RM or RCX district. there shall be a side yard which conforms to the side yard requirements for dwelling use of the adioining district. Section 25-5-117. Landscaoin¢ of yards. (al All front yards in the CV district shall be landscaned. except for necessary access drives and wallcwavs. (bl Where required side or rear yard in the CV district adioins a building site in a RS. RD. RM or RCX district. the side or rear yard shall be landscaned with a screening hedge not less than forty-two inches in height. within five feet of the property line. except for necessarrv drives and wallcwavs. Section [25-205] 25.5.118. Other regulations. Plan approval [is] shall be required for all new structures and [uses] additions to existing structures in ~ CV [districts] district• Division 12. MCX. Industrial-Commercial Mixed Districts Section 25-5-120. Purpose and applicability. The purpose of the MCX (industrial- commercial mixed usel 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 e~ l~ovment opportunities ~y_permitting a broad range of uses. without exposing non-industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. Section 25-5-121. Designation of MCX districts. Each MCX (,industrial-commercial mixed use) district shall be designated by the symbol "MCX" followed by a number which indicate he mi imam land area. 'n n ember of thous nd of quare feet- required for each building site. 1 g2 ZONING CO DRAFT 1H/98 Section 25-5-122. Permitted uses. (a) The following uses shall be cermitted in the MCX district: (1) Agricultural products processing. minor. (2) Amusement and recreation facilities. indoor. (3) Art galleries. museums. (4) Automobile sales and rentals. Automobile service stations. (6) Bars. nightclubs. taverns and dance halls. (7) Broadcasting stations. Business services. (L) Car washing-. (10) Caterine establishments. (11) Churches. temples and sy.~gogues" (12) Cleaning plants using~jy non-flammable hydrocarbons in a sealed unit as the cleaning_agent. (13) Commercial parking lots and Qaraees. (14) Community buildings- as permitted under section 25-4-11. (15) Convenience stores. (161 Data processin¢ facilities. (17) Dav-care facilities. (18) Drive-through establishments. (19) Financial institutions. (ZD) Food manufacturing and processin¢. 183 ZONING CODOE~R~ (211 Home improvement centers. (221 Kennels. commercial. including animal pounds and shelters. provided kennels for more than two animals shall be sound attenuated. (23) Laboratories. medical and research. S24) Manufacturine~nrocessing and packagine establishments. li¢ht. j251 Medical clinics. X261 Meeting facilities. (271 Motion picture and television production studios. (281 Offices. ( 91 Photographic processipe. (301 Photogranhv studios. X311 Plant nurseries. J,~~) Public uses and structures. as permitted under section 25-4-11. Publishing plants for newspapers. books and magazines. printing shops. cartographine. and duplicatinp~processes such as blueprinting or photostating shops. X341 Repair establishments. minor. X351 Restaurants. including take-out restaurants. X361 Retail establishments. (371 Sales and service of machinery used in agricultural production. (381 Schools. business. (391 Schools. Photogranhv. art. music and dance. X401 Schools. vocational. (411 Self-storage facilities. 184 ZONING CODE REVISION DRAFT211/98 Telecommunications antennas. as permitted under section 25-4-12. (4) T orary real estate offices. as permitted under section 25-4-8. (44) Theaters. f45) tilt substations. a~permitted under section 25-4-11. X46) Veterinary establis ments in sound-attenuated buildines. (47) Warehousine. (48) Wholesaling and distribution Qperations. (b) In addition to those uses permitted under subsection (a,) above. the following_uses shall be permitted in the MCX district. provided that a use permit is issued for each use: (1) Cemeteries. crematoriums and mausoleums. (2) Ma?or outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. Buildines and uses normal(y~onsidered diectl_y accessory to the uses permitted in hi ection hall al o be permitted in the MCX district. Section 25-5-123. Height limit. The height limit in the MCX district shall be forly- five feet. 4ection 25-5-12~ Mi im ~m building site area The minmum building site area in the MCX district shall be twenty hou nd square feet. CP['tinn 25- -125 Mi im ~m building site average width. Each building site in the MCX district shall have a mirLmum building cite average width of ninety feet Section 25-5-126. Minimum yards. The minimum yards in the MCX district shall be as follows: ~j) Fron yards. twenty feet: and 185 ZONING CODE REVISION DRAFT 2/1/98 (~l Side and rear yards. none. except where the adioining building site is in a RS. RD. RM or RCX district. Where the side or rear proper 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 adioining district, Section 25-5-127. Landscaping of yards. (al All front yards in the MCX district shall be landscaped. except for necessarv access drives and walkways. (]Zl Any required side or rear yard in the MCX district adioining 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 proper line. except for necessary drives and walkways Section 25-5-128. Other regulations. Plan approval shall be required for all new structures and additions to existing structures in the MCX district. [Article 16] Division 13. ML, Limited Industrial Districts Section [25-214] 25-5-130. 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. Section [25-215] 25~-1~1. Designation of ML districts. F,~h ML (limited industrial) [districts] ~i&tli~S shall be designated by the [symbols] symbol "ML" followed by a number [indicating] which indicates the minimum [number ofJ land area. in thousands of square feet, required [per] for each building site. 186 ZONING CODE REVISION DRAFT 2/7/88 Section [25-216] 25.5.132. Permitted uses. (a) The following uses [are] shall be permitted in lllg ML [districts] district: [(1) Any manufacturing, processing, assembling, research, laboratory, bottling, or packaging uses which are conducted in a building and from which there is no odor, dust, smoke, gas, noise, vibration, radiation, or other effect which has measurable nuisance qualities beyond the property line. (2) Animal hospitals with facilities for treatment or boarding of not more than twenty animals. (3) Automobile parking lots, service stations, and all uses and buildings for the repair, maintenance, service, and storage of automobiles and trucks. (4) Bakeries, laundries, cleaning, or dyeing plants. (5) Carpentry, hardwood product, electrical, plumbing, heating, air conditioning, furniture, and upholstering shops and storage. (6) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (7) braying, freighting, or trucking yard or terminal. (8) Living quarters for watchmen or custodians of industrial properties. (9) Lumber yards and building materials yards but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (10) Machine, welding, sheet metal, and metal plating and treating shops except the fabrication by riveting or welding of steel building frames. (11) Newspaper and publishing houses, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. 18,7 ZONING CO DRAFT 211/98 (12) Public and private utility lines and facilities including offices or yards for equipment, material, vehicle storage, repair or maintenance. (13) Sales and servicing or rental of any type of vehicle, implement, machinery or equipment. (14) Terminal, storage or maintenance yards for a fleet of vehicles. (15) Transportation and tour terminals. (16) Wholesaling, warehousing, and storage buildings and yards except those for highly flammable or explosive products. (17) Airfields, heliports and private landing strips. (18) Lava rock or stone cutting or shaping. (19) Retail sales incidental and subordinate to a permitted use. (20) Incidental and necessary services for persons working in a ML district which are conducted within an integral part of a main structure with entrances from the interior of the building and having no display or advertising visible from the street. (21) Restaurants. (22) Aquaculture activity. (23) Buildings and uses normally considered directly accessory to the above permitted uses.] (1) Agricultural products processing- minor. (21 Airfields. heliports and }private landing strins. (31 Animal hospitals. L41 Animal quarantine stations. (51 Aquaculture activities. 188 ZONING CODOE~R~ Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (81 Automobile service stations. (9) Bakeries. (10) Broadcasting stations. (11) Car washine. (12) Caroen .hardwood Products and furniture manufacturing and storage establishments. (13) Catering establishments. (14) Churches. temples and s~gogues• (15) Cleaning and dyeing~lants. (16) Commercial Parking lots and garages. (17) Community buildings. as Permitted under section 25-4-11. (18) Contractors' yards for egpjPment. material. and vehicle storage. repair. or maintenance. (19) Day care facilities. (20) Drive-thru facilities. (21) Financial institutions. Food manufacturing and Processing facilities. Greenhouses. nlant nurseries. (24) Heavy eq~pment sales. service and rental. (25) Home improvement centers. 189 ZONING CODE REVISION DRAFT 2H/98 ~ 62) Junk_ yards. provided that the building ite i not le hap one acre in area. ~~l Laboratories. medical and research. (281 Laundries. j~l Lumber yards and building material yards. but not including concrete or asphalt mixing and the fabrication by riveting~r welding of steel building frames. X301 Manufacturine~,nrocessing and packaging establishments. light. X311 Motion picture and television production studios. X32) Photographic processing. (mil Plumbing. electrical. air conditimung and heating_establishments. ~~4) Public uses and structures. as permitted under section 25-4-11. Publishing plants for newspapers. books and magazines. printing shops. carto agr nhing. and duplicating~rocesses such as blueprinti or photostating shops. (361 Recycling centers. which do not involve the processing of recyclable materials (37) Repair establishments. minor. Restaurants. including take-out restaurants. (mil Self storage facilities. 1401 Storage and sale of seed. feed. fertilizer and other products essential to agricultural production. (41) Telecommunication antennas. as permitted under section 25-4-12. (42) Temporary real estate offices. as permitted under section 25-4-8. X431 Transportation and tour terminals. 19O ZONING CODE RENSION DRAFT211/98 4 (441 Truck. freight and dray~g terminals. (451 Utilip~ facilities. public and private. including offices or yards for eauinment. material. vehicle storage. repair or maintenance. (461 Utility substations. as permitted under section 25-4-11. (471 Veterinary establishments. (481 Vocational schools. (491 Warehousing. which does not include retail sales or discount houses or establishments open to the general public or defined members. (501 Wholesaling and distribution. including the storage of incidental materials and eauinment. except for hig)~v flammable or explosive products. (11 In addition to those uses permitted under subsection (al above. the following uses shall be permitted in the ML district. provided that a use permit is issued for each use: (11 Cemeteries. crematoriums and mausoleums. (~;I Maior outdoor amusement and recreation facilities. Yacht harbors and boating facilities. (cl The following uses shall be permitted in the ML district as incidental and subordinate to andpermitted use: (1) Living quarters for watchmen or custodians in connection with the operation of any permitted use. (21 Retail sales. (,31 Services for persons working in a ML district which are conducted within an integlal part of a main st_n~cture with entrances from the interior of the building and which have no display or advertising visible from the street. 191 ZONING CODE REVISION DRAFT Y/1/98 (dl Buildingg and uses normally considered directly accessory to the uses Permitted in this section shall also be permitted in the ML district. Section [25-217] 25-5-133. Height [limits] The height [limits] ]jg~ in ~r ML [districts] district shall beforty-five feet. Section [25-218] 25-5-134. Minimum building site area. The minimum building site area in ~ ML [districts] district shall be ten thousand square feet. Section [25-219] 25-5-135. Minimum building site average width. [The minimum] building site [average width] in ~g ML [districts] district shall [be] have a minimum building site average width of seventy-five feet. Section [25-220] Minimum yards. Minimum yards in thg ML [districts] district shall be as follows: (1) Front yard[:], fifteen feet[.];~d (2) Side and rear yards[:], none, except [as required by plan approval] where Ih~.S[joinine building site is in a RS. RD. RM or RCX district. Where the side or rear p~p~ 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 requiements for dwelling use of the adioining district. Section [25-221] 25.5_137. Other regulations. (a) All front yards in the ML district shall be landscaped. except for drives and a13 (hl Where any required side or rear yard in the ML district adioins a building site in a RS. RD. RM or RCX district. the side or rear yard shall be landscaped wi h a scree ing hedee 192 ZONING CODE REVISION DRAFT111/98 not less Lhan forty-two inches in height. along the side or rear propgrry lines so adioinine. except for necessary drives and walkways. r~ Plan approval [is] shall be required [ofJ ~ all new structures and [uses] additions to existing structures in ~r ML [districts] district. [Article 15] Division 14. MG, General Industrial Districts Section [25-206] y~-5-140. 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. Section [25-207] 25-5-141. Designation of MG districts. ~h MG (general industrial) [districts] d1 r1 shall be designated by the [symbols] symbol "MG" followed by a number [indicating] which 'radii Cates the minimum land area. in number of thousands of square feet, required [per] for each building site, or if the number is followed by the symbol "a," by the minimum number of acres required [per] for each building site. Section [25-208] 25.5.142. Permitted uses. (a) The following uses [are] shall be permitted in the MG [districts] district: [(1) Any of the permitted uses in a ML district. (2) Brick and pottery factories. (3) Bulk storage of flammable products and bulk storage of explosive products by use permit. (4) Concrete block and concrete products manufacturing. (5) Concrete or asphalt batching and mixing plants and yards. (6) Fabrication plants or yards for steel or other metal frames for buildings. (7) Lava rock or stone cutting or shaping. 193 ZONING CODOE~R~ IZ3;/O~N (8) Marine railways, drydocks, and ship or boat yards. (9) Public and private utility lines and facilities including power plants, offices, or yards for equipment, material, vehicle storage, repair, or maintenance. (10) Incidental and necessary services for persons working in a MG district when conducted within an integral part of a main structure with entrances from the interior of the building and having no display or advertising visible from the street. (11) Living quarters for watchmen or custodians of industrial properties. (12) Animal hospitals. (13) Animal quarantine stations. (14) Animal sales, stock, and feed yards. (15) Breweries, distilleries, and alcohol manufacturing. (16) Cement production plants. (17) Dumping, disposal, incineration, or reduction of refuse or waste matter. (18) Fertilizer manufacturing plants. (19) Fish canneries, processing, or packing plants. (20) Meat processing, curing, or packing plants. (21) Pineapple or other fruit and vegetable processing and canning plants. (22) Production and processing of wallboard, or other wood or pulp products. (23) Public dumps. (24) Reduction, refining, smelting, or allowing of metals, petroleum products or ores. (25) Sale, storage, sorting, and processing of junk, waste, scrap, discarded, or salvaged material, machinery, automobiles, or equipment. 194 ZONING CODE REVISION DRAFT 2/1/96 (26) Sawmill or planing mill and yards. (27) Slaughterhouses. (28) Storage, curing, or tanning of raw, green, or salted hides or skins. (29) Sugar mills or refineries. (30) Any other use not otherwise permitted that relates to the manufacturing, transportation, processing, assembling, distributing, repairing, and storage of goods, products, or materials. (31) Restaurants. (32) Aquaculture activity. (33) Buildings and uses normally considered directly accessory to the above permitted uses.] (1Lgricultural products proces~jIIg. manor and minor. (21 Airfields. heliports and private landing strips. (,}l Animal hospitals. L.l Animal quarantine stations. S51 Animal sales. stock. and feed yards. (61 Aquaculture activities and facilities. f71 Automobile and truck storage facilities. (81 Automobile body and fender establishments. (91 Automobile service stations. (101 Bakeries. (111 Breweries- distilleries. and alcohol manufacturing facilities. (12) Broadcasting stations. 195 ZONING CODE REVISION DRAFT217/98 (131 Bulk storage of flammable products and bulk storage of explosive products. (141 Car washing. (151 Catering establishments. (161 Churches. temples and synagogues. (13) Cleaning and dye~g~lants. (18) Commercial parking lots and garages. (191 Community buildings. as permitted under section 25-4-11. (20) Concrete or asphalt batching and mixing.plants and yards. (211 Contractors' yards for eoninment. material. and vehicle storage. rep~r. or maintenance. ( 21 D care facilities. (231 Drive-thru facilities. (241 Dumnine. digposal. incineration. or reduction of refuse or waste matter. (251 Fabricating establishments. (mil Fertilizer manufacturing~lants. (x71 Financial institutions. (281 Food manufacturjng and processing facilities. (291 Frejght movers. (301 Greenhouses. plant nurseries. (33) Heavy equipment sales. service and rental. (321 Home improvement centers. (331 Junk, av rds• 196 ZONING CODRAFT 4H/88 (34) Kennels. {35) Laboratories. medical and research. {36) Laundries. {37) Lava rock or stone cutting or shanine facilities. {38) Lumber yards and building material yards. f39) Machine. weldin¢. sheet metal. and metal plating and treatine establishments. (40) Manufacturing. processing and packagine establishments. light and Eeneral• (41) Marine railways. drydocks. and shin or boat yards. {42) Motion picture and television production studios. (43) Photographic processine. (44) Public dumps. (45) Public uses and structures. as permitted under section 25-4-11. j46) Publishing plants for newspapers. books and magazines. printing shops. cartographing. and duplicatingnrocesses such as blugprinting or photostating shops. (47) Recycling, centers. {48) Redaction. refinine. smelting. or alloyine of metals. petro~m prod ~c c or ores. (49) Repair establishments. maior and minor. {50) Restaurants. incl_udin¢ t?ke-out reLurants. {51) Saw mills. (52) Self storage facilities. 197 ZONING CODOE~R~ y1/O9N6 (531 Slaughterhouses. (541 Storage and sale of seed. feed. fertilizer and other products essential to agricultural production. 51 Storage. curing. or tanning of raw. green. or salted hides or skins. (561 Telecommunication antennas. as permitted under section 25-4-12. (571 Temporary real estate offices. as permitted under section 25-4-8. (581 Transportation and tour terminals. (591 Truck. freight and drayine terminals. (601 Utility facilities. public and private. including~ower plants. offices or ,yards for equipment. material. vehicle storage. repair or maintenance. (611 Utility substations. as permitted under section 25-4-11. (621 Veterinary establishments. (631 Warehousine. (641 Wholesaling and distribution. including the storage of incidenLl materials and equipment. (651 Yacht harbors and boating facilities. (]21 In addition to those uses permitted under subsection (~,l above. the following uses shall be permitted in the MG district. provided that a use permit is issued for each use: (1) Cemeteries. crematoriums and mausoleums. (2) Maior outdoor amusement and recreation facilities. (~l Anv other use not otherwise permitted in subsection (pl that relates to the manufacturing• transportation. processing. assembline. distributing pairing. apd storages goods• products. or materials. shall be permitted in the MG district. 198 ZONING CODE REVISION DRAFT211/98 (d) The following uses shall be nennitted in the MG district as incidental and subordinate to anv permitted use: (.1,) Living~uarters for watchmen or custodians in connection with the operation of anv permitted use. (21 Retail sales. (31 Services for persons working in a MG district which are conducted within an integral part of a main structure with entrances from the interior of the buildin¢ and which have no display or advertising visible from the street. (el Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MG district. Section [25-209] 25-5-143. Height [limits] limn. The height [limits] jj~ in $1g MG [districts] 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. Section [25-210]2 5=1_44. Minimum building site area. The minimum site area in ~g MG [districts] ~ shall be twenty thousand square feet. Section [25-211] 25-5-145. Minimum building site average width. [The minimum] ]:~h building site [average width] in lhg MG [districts] ~ shall [be] have a minimum building site average width of one hundred feet. Section [25-212] 25-5-146. Minimum yards. [(a)] The minimum yards in lhg MG [districts] district shall be as follows: (1) Front yard[:], twenty feet[.];~ud 199 ZONING CODE REVISION DRAFT211/98 (2) Side and rear yards[:], none, except [as required by plan approval] where the adjsj~g building~ite is in a RS. RD. RM or RCX district. Where the side or rear prone line a 'oins 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 acquirements for dwelling use of the adioining district. Section [25-213] 25.5.147. Other regulations. (~,l All front yards in the MG district shall be landscaped. except for drives and walkways (1~1 Where any required side or rear yard in the MG district adioins a building site in a R M or R X di rict. a olid wall 'x feet in height shall be erected and maintained alon¢ the side and rear prone lines so adioinine. ~ Plan approval [is] shall be required [ofJ ~ all new structures and [uses] additions to existing structures in ~ MG [districts] district• [Article 17] Division 15. O, Open Districts Section [25-222] 25-5-150. 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, country club, 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). 2~ ZONING CODOE~R~ Section [25-223] Z~~-.1~1. Designation of O districts. F~13 O (open) [districts] district shall be designated by the symbol "O." Section [25-224] 25.5.152. Permitted uses. (a) The following [are] uses shall be permitted [uses] in ~ O [districts] district: [(1) Public parks. (2) The growing of plants provided such growth does not impair a view included in the stated purposes for adopting the districts. (3) Golf courses and country clubs if compatible with the stated purposes of adoption. (4) Heiaus, historical areas, structures, and monuments. (5) Existing churches and temples of historical significance. (6) Natural features, phenomena and vistas as tourist attractions. (7) Private recreational uses involving no above ground structure except dressing rooms and comfort stations. (8) Aquacutlure activity. (9) Ues considered directly accessory to the above permitted uses.] (il Aquaculture activities and facilities. (~l Community buildings. as permitted under section 25-4-11. (~l .xi f g churches and temples of historical signuficance. (41 Forestry. (51 Game preserves. ~ Golf courses and country clubs. 2~1 ZONING CO DRAFT 211/98 (zl Growing of plants provided such growth does not impair a view intended to be preserved in the O district. Heiaus. historical areas. structures. and monuments. (91 Natural features. phenomena. and vistas as tourist attractions. (101 Private recreational uses involving no above ground structure extent dressing rooms and comfort stations. (11) Public parks. (121 Rblic uses and structures. as permitted under section 25-4-11. (131 Telecommunication antennas. as permitted under section 25-4-12. (141 Utility substations. as permitted under section 25-4-11. In addition to those uses permitted under subsection above. the following uses shall be permitted in the O district. provided that a use permit is issued for each use: Lh Cemeteries. crematoriums and mausoleums. (&1 Uses considered directly accessory to the uses permitted in this section shall also be permitted in the O district. Section [25-225] 2~5-1~~. Height [limits] ljpllt. There shall be no height [limits] ]jlpil in Shg O [districts] d1S[rlCt, except as specified as a condition of approval attached to any use permit or plan approval. For this purpose, the [planning commission shall use the regulations] the height limit in the adjoining districts shall be used as guides. Section [25-226] 25-5-154. Minimum building site area. There shall be no minimum building site [areas] area in the O district, except as a condition of approval attached to any plan approval. For this purpose, the [plamring commission shall use the] minimum buildine site area regulations in the adjoining districts shall be used as guides. 202 ZONING CODRAFf 211/98 Section [25-227] 25-5-155. Minimum building site average width. There shall be no minimum building site average width in ~ O [districts] district, except as specified as a condition of approval attached to any plan approval. For this purpose the [planning commission shall use the] minimum building site average width regulations in the adjoining districts shall be used as guides. Section [25-228] Minimum yards. There shall be no minimum yards in lhg O [districts] district, except as specified as a condition of approval attached to any plan approval. For this purpose. the [planning commission shall use the] minimum yard regulations in the adjoining districts shall be used as guides. [Article 18. U, Unplanned Districts. Section 25-230. Purpose and applicability. The U (unplanned) district applies to areas not subjected to sufficient studies to adopt specific district classification. Section 25-231. Designation of U districts. U (unplanned) districts shall be designated by the symbol "U". Section 25-232. Permitted uses. (a) The following are permitted uses in U districts: (1) One single-family dwelling per building site. (2) Agricultural uses and buildings, provided that all buildings and pens used for the enclosure of anneals, except a boundary fence must be at least one hundred feet from any property line and fifty feet from any residence. (3) Processing of agricultural products, which are raised or produced by an agriculturist, who shall substantiate such agricultural activity by the submittal of a general excise tax license to the planning department for acceptance. The processing facility(ies), 2t)3 20NING CODOE~R~ ti1/G9N8 ~i which may include activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall secure final plan approval from the plamring department. The setback requirements for the processing facility may be increased at the time of plan approval review to minimize potential noise, lighting, odor, vector and air quality impacts. Additional mitigation measures, such as landscaping, may be imposed to reduce impacts to surrounding properties. (4) Processing of agricultural products, which are raised or produced by the agriculturist as accepted in Section 25-232 (a)(3) and by other agriculturists; provided the processing facility(ies), which may include activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall secure final plan approval from the planning department. The setback requirements for the processing facility may be increased at the time of plan approval review to minimize potential noise, lighting, odor, vector and air quality impacts. Additional mitigation measures, such as landscaping, may be imposed to reduce impacts to surrounding properties. (5) Home occupations. (6) Piggeries and apiaries on sites approved by the department of health and the director. (7) Hunting and fishing preserves or lodges. (8) Aquaculture activity. (9) Buildings and uses normally considered directly accessory to the above permitted uses. 2~ ZONING CODE REVISION DRAFT 2/1/98 Section 25-233. Height limits. The height limit in U districts shall beforty-five feet. Section 25-234. Minimum building site area. The minimum building site area in U districts shall be five acres. Section 25-235. Minimum building site average width. The minimum building site average width in U districts shall be two hundred eighty feet. Section 25-236. Minimum yards. The minimum yard requirements for U districts shall be thirty feet adjacent to all property lines. Section 25-237. Other regulations. (a) In order to assure that development is orderly and many small parcels of land do not come into existence prior to more comprehensive zoning, each main use or main building shall be located on a building site having not less than five acres. (b) If any legal building site in a U district has an area of less than five acres, the minimum yard requirements of the A district as provided in sections 25-156 and 25-157 shall apply. Article 19. S, Safety District and SF, Safety Flood Hazard District. Section 25-238. Purpose and applicability. (a) The S (safety) district applies to areas subjected to potential danger of life or property because of flash floods, earth or rock slides, action associated with earth faults, (tsunami) tidal waves, volcanic action, or any other natural phenomenon. The regulations governing safety districts shall be the same as other districts qualified as a safety district. (b) The SF (safety flood hazard) district shall apply to areas designated by the Federal Insurance Administration as being subject to special flood and tsunami hazards. 2~5 ZONING CODE REVISION DRAFT 2/1/98 4 / Section 25-239. Designation of S and SF districts. (a) Each S (safety) district shall be designated by the symbol "S" on the zoning map. (b) Each SF (safety flood hazazd) district shall be designated by the symbol "SF" with the following suffixes as applicable: (1) The elevation of the flood level (referenced by mean sea level (MSL)) shall be indicated on the zone maps by a numerical suffix to the symbol "SF"; and (2) For sheet flow conditions, the alphabetical suffix D shall indicate that the azea is subject to undetermined, but possible flood hazard. Section 25-240. Use permits. No structure may be erected in any S district unless or until a use permit has been issued therefor. No use permit for a structure intended for occupancy by people in any S district may be issued unless or until the council by prior action has considered and approved special standards of construction and special safety precautions which are designed for and, in its opinion, will eliminate or substantially reduce the potential danger from the above listed sources. Section 25-240.1. Height limits. The height limits within the South Hilo district shall be limited to ninety feet.] 2(]6 ZONING CODOE~R~ (121 A schedule for the timetable of the pronosed develonment: and (E,l An ana ysis of the relationship of the imposed development to the general plan. l,~2 Drawings and plans comprising a general development plan covering the entire area of the P.U.D. [showing]. 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) [How the property could be divided] proposed subdivision of property for individual parcel sale; (D) Parking areas; (E) Public areas and uses; ~ (F) Landscaping and open spaces,. [(G) Schedule of development;] [(H)] ~ Architectural drawings for all buildings other than single-family [dwelling] dwellin¢s demonstrating the design and character of the proposed buildings and uses[; and]. (51 A list of the names. addresses and tax map key numbers for those property owners and lessees of record who are situated within a 300 foot radius of the perimeter boundary of the property ••nvoL lved. ~ Any other information or plans [deemed necessary by the planning department to a determination that approval of any requests for sign approvals, plan approvals, use permits or variances contained in the proposal are justified by this procedural method] 208 ZONING CODE REVISION DRAFT 2H/98 required by rules adopted by the director in accordance with chanter 91. Hawaii Revised Statutes. [Section 25-249. Procedure for processing application. The procedure for processing an application for approval of a P.U.D. shall be the same as that provided for a variance application as set forth in division 4, article 1 of this chapter.] Section 25-6-4. Notice of action on P.U.D. application. jal Upon acceptance of a P.U.D. application. the director shall fix a date for the director's action on the application. Within five working_ays after receiving notice of such date. the applicant shall serve notice of the application. in accordance with this chanter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the proper for which the P.U.D. is sought and to owners and lessees of record of interests in ocher properties which the director may find to be directly affected by the P.U.D. permit sought. (bl The director shall publish notice. in accordance with the provisions of this chanter. of the date of the proposed decision by the director and the date by which written comments must be in actual receipt of the director. Section [25-247] 25-6-5. [Proposed use not permitted in district; application for rezoning] Procedure for processing application when use not permitted in district. [No P.U.D. shall be considered by the planning department] An annlication for a P.U.D. permit that proposes a use [that is] not permitted either duectly or as a conditional use within [the] a district [unless] may be considered by the director only if a separate application for [rezoning accompanies or has preceded the filing of the application for approval of the P.U.D. in which case the two items shall be considered simultaneously. Should the use be appropriate, the 2[)9 ZONING CODOE~R~ approval of the P.U.D. shall not be effective until the ordinance adopting any necessary change of district shall have become effective.] a change of zone is filed concurrently with or prior to the P.U.D. permit annlication. The P.U.D. permit annlication and the change of zone annlication shall be considered concurrently. and any P.U.D. annroved by the director shall be effective only when the change of zone ordinance becomes effective. Section [25-252] 25-6-6. Actions [permitted on application] [zy director on P.U.D. Hermit annlications. (a) The [planning department may] director shall. within sixty days after acceptance of a P.U.D. permit application. deny[,] the annlication or approve[, or conditionally approve an application for a P.U.D.] it subject to conditions. (b) [On any P.U.D. the planning department may make any considerations and apply any conditions indicated under the procedure for processing applications for plan approvals, use permits, or variances.] The conditions imposed bye director shall beaz a reaso~ble relationshjp to the P.U.D. permit issued. and to the variances. uses and plans annroved. [Section 25-253. Imposition of conditions upon approval. Any conditions imposed by the planning department upon approval of an application or P.U.D. may include but aze not limited to] The conditions may also include. but not be limited to the followinc: ~ [the time within which the project shall begin and be completed,] Commencement and completion time frame for the project: ~ [changed boundaries of the project,] Boundary and density chances annroved in the proiect: ~ [uses] permitted[,]: ~ [specification of] Specifications for the minimum development standazds[,]; 21O ZONING CODOE~R~ IZ3;~ ~ [specified street dedication and improvement,] Specifications for street j~provement and dedication: ~ [utilities] Utilities to be furnished[,]; and ~ [a list or limit ofJ The extent and limitations upon the variances permitted. [Section 25-250. Partial approvals.] ~ The director may. within the sixty day period er acceptance of a P.U.D. permit application grant a [Partial] partial approval [may be given] of the request where architectural plans and drawings have not been submitted with the original application [for approval of a P.U.D., but]. Provided. however. that no building permit shall be issued, nor Shill any construction on the property commence until the drawings have been [considered] reviewed and approved by the [planning department] director and full [approval of the P.U.D. secured] P.U.D. permit proval has been issued. (d) When architectural plans and drawings are submitted after a partial approval of a P.U.D. permit annlication has been issued under subsection (g) above. the director shall review the drawings and shall either issue a full P.U.D. permit annroval or deny the request for full P.U.D. Hermit annroval within thirty days from the date that the drawings are filed by the anplicant. [g) If the director fails to act upon a P.U.D. permit application within the prescribed six day period as required by subsection (a) above. the application shall be considered as having been denied and the director shall immediately inform the anplicant of such denial. If the director fails to act upon filed architectural plans and drawings within the thirty day period required by subsection (d) above. the plans shall be considered as having been approved and a full P.U.D. permit issued. 211 ZONING CODE REVISION DRAFT 2H/98 Section 25-6-7. Review of director's action by non-anolicant. (al If the director grants a P.U.D. Hermit over the timely written objection submitted by an interested ply. the interested p~~y request the commission's review of the director's action. For p~pose of this section. an "interested ply" means a person who (11 has a prop~y interest in the subject prop: or (2,1 owns proper within three hundred feet of the subject prop~y: or (~l can otherwise demonstrate to the satisfaction of the commission that such person will be so directly and immediately affected by the proposed P.U.D. permit that the person's interest in the action is clearly distinguishable from that of the general public. The request by an interested p~ must be made in writing within ten workine~ys after notice of the director's decision. and shall contain a statement of the grounds of the ohiection. The request shall be accompanied by anon-refundable filing fee of $250. QLl The commission shall accept a request for review of the director's action only if the request is submitted in writing by an interested person within the time period prescribed by subsection above. The commission shall consider the request at a regularly scheduled meell[lg of the commission. at which tLme the anolicant and the person who requested such review shall have an opportun' to be heard. Within forty-five days after the receipt of a request for review. the commission shall determine either that the director granted the P.U.D. permit properly or that sufficient cause exists for a public hearing on the matter. If the commission fails to make such determination within the prescribed time. the director's action shall be considered as having been affirmed. (cl If the commission determines that a public hearing is necessary. it shall promptly schedule the public hearing at which time the anolicant. any interested p~ and members of the general public shall have the oppo oily to be heard on the application. The commission 212 ZONING CODOE~R~ ~ ~O~ shall not hold a contested case hearing. as defined in chanter 91. Hawaii Revised Statutes. on anv P.U.D. permit application. (d) Within five working~ys after receiving notice of the date of the public hearing, the interested p~ shall serve notice of the hearing. in accordance with the provisions of this chanter. on the applicant and on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the affected proper and 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. (e) The commission shall provide notice by publication of the public hearing in accordance with the provisions of this chanter. Within ninety days of its decision to hold a public hearing on the matter. or within anger period as may be agreed to by the anplicant. the commission shall either deny the LLD. annlication or approve it subject to conditions. stating the factual findingss supporting the P.U.D. approval or denial. If he co mission fail to render a deci ion wi h'n he prescribed time. the director's action shall be considered as having been affirmed. SeMion 25-6-8. Appeal of director's action by anplicant. If the director denies a P.U.D. permit 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 commission. (b) An anneal by an anplicant to the commission shall be submitted in writing to the department on a formnrescribed by the coin-mission and shall be accompanied b~ (1,) Anon-refundable filing fee of $250: and Ten copies of a statement of the specific grounds for the appeal. 213 ZONING CODE REVISION DRAFT Y/1196 (~l The commission shall provide notice by_publication of the public heazin¢ in accordance with the provisions of this chanter. (dl The director shall provide written notice of the public hearing- at least ten davs prior to the hearing. to persons who had submitted timely objections to the P.U.D. permit application before the director's action. (el The commission shall conduct a public hearing within a period of sixty days from the date the written anneal is accepted by the commission. unless that period is waived by the applicant. The commission shall not hold a contested case heazing. as defined under chanter 91. Hawaii Revised Statutes. on anv P.U.D. permit annlication. {fl Within ninety days after acceptance of an applicant's P.U.D. permit appeal. or within such longer period as may be agreed to by the applicant. the commission shall affirm. modify. or reverse the director's action. (¢l All actions of the commission shall contain a statement of legal and factual bases for its decision in accordance with the criteria contained in section 25-6-10. fhl A decision to affirm. modify. or reverse the director's action shall require a g~iorily vote of the total membership of the commission. If the commission fails to render a decision to affirm. modify. or reverse the director's action within the prescribed period. the director's action shall be considered as having been affirmed. Section 25-6-9. Further appeal rights. All actions of the commission are final except that. within thirty days after the date of the written decision. anv person aggrieved by the decision of the commission. may~ppeal such action to the board of appeals in accordance with its rules. 214 ZONING CODE REVISION DRAFT 7/1196 Section [25-251] 25-6-10. [findings by planning deparhnent to approve P.U.D.] Criteria for granting a P.U.D. rmit. [(a) In order to approve a P.U.D. the planning department shall fmd the following] p.U•D. permit may b~granted by_the director won finding that: (1) The construction of the project [shall] ~g begin [within a reasonable period of time from the date of full approval] and [shall] be completed within a reasonable pet7od of time from the date of full annroval. (2) The proposed development substantially conforms to the general plan. (3) [All] ~y residential development shall constitute an environment of sustained desirability and stability[, shall be] that is in harmony with the character of the surrounding neighborhood, [and shall result] that results in an intensity of land [utilization] ]fig no higher than[, and] that otherwise specified for the district. and that maintains the standards of open space at least as high as [permitted or as] ~ otherwise specified for the district in which [this] 1~ development occurs. (4) [All] spy commercial development shall n41 create [no] traffic congestion[, shall not] ~ interfere with any projected improvements, shall provide for proper entrances and exits along with proper provisions for internal traffic and parking, and [shall] be an attractive center [with no adverse effect] which does not adversely 1 ac upon [the] adjacent and surrounding existing or prospective [development] developments. (5) [All] Ally 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 [that such development] 215 ZONING CODE REVISION DRAFT ZH/96 shall [have no adverse effects] not adversely impact upon adjacent and surrounding existing or prospective development. (6) The development of a harmonious, integrated whole justifies exceptions, if required, to the normal requirements of this chapter, and [that] the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. Section 25-6-11. Height exceptions authorized. [(b)] ~ A building approved under a P.U.D. permit may exceed the height limit specified under the [zoned] Z9IIlIlg district of the property and [from the requirements of section 25-56 of this division. However,] the height limits under section 25-4-22: provided. S~4 the maximum height of the building shall not exceed seventy-five feet. [(c)] ~,2 A building approved under a P.U.D. permit and situated within a [zoned] Z4niIIg district which exceeds the height limits specified [within this section] under subsection ~ may be permitted at the higher height [limit specified under regulations] limits prescribed for that [zoned] ~jng district. Section [25-254] 25.6-12. Approval of [P.U.D.; effect on requirements for variance] variances, use [permit] p and plan [approval] approvals issued under P.U.D. permit. (a) [Application for an approval of a P.U.D., wherein variances from the standard regulations are approved or wherein uses normally requiring use permits are permitted, shall be dcemed to be in compliance with all the necessary procedures for securing or granting a variance or a use permit.] No separate or additional variance permit or use Hermit shall be required for anv variance or use approved under a P.U.D. permit. and atyy variance or use 216 ZONING CODE REVISION DRAFT211/98 approved under a P.U.D. permit shall be considered to be in compliance with the required procedures for obtaining a variance or use permit. (b) [Where completed drawings are considered, approval of a P.U.D. shall be deemed to be and includes plan approval as provided for in Article 20 of this chapter.] Plan annroval shall be considered issued when completed architectural drawings are approved under a P.U.D. permit. and no further action is required for the issuance of plan annroval under this chanter. Section [25-255] 25-6-13. Effect of P.U.D. [application approval] Hermit on other zoning~rovisions. Any P.U.D. as approved,] permit issued shall be subject to all of the conditions imposed in the rmit and shall be exempted from other provisions of this chapter only to the extent specified in [said approval] the Hermit. Section [25-256] 25-6-14. [Extensions] Time extensions and amendments. (a) [Requests] Ably request for ~ time [extensions and amendments] extension or an amendment to [the] ~ P.U.D. nemiil or to [its] 1hg conditions of a P.U.D. permit may be granted by the [planning department] ~ upon fmding that no change has occurred in relation to the property since the [initial] P.U.D. [approval] permit was issued or that the approval is still valid with respect to any changed conditions. (b) [Within forty-five days after the receipt of an extension or amendment application, the planning department shall take action thereon and may impose additional conditions to meet the intent of the P.U.D. approval.] The director shall act on a~y~quest for a time extension or amendment within forty-five days after the receipt of the request. In granting any time extension or amendment. the director may~np~additional conditions to meet the intent of the P.U.D. permit. 217 ZONING CODE REVISION DRAFT?H/98 [(c) Any request for a time extension shall be filed with the director not less than sixty days prior to the expiration date.] [Article 22] Division 2. Cluster Plan Development (C.P.D.) Section [25-257] 25-6-2Q. Purpose. The purpose of cluster plan development (C.P.D.) is to provide exceptions to the [provisions of article 4,] density requirements of the single-family residential SB~1 district so that permitted density of dwelling units contemplated by the minimum lot size requirements is maintained [in single-family districts] on an overall basis and desirable open space, tree cover, recreational areas, or scenic vistas aze preserved. Section [25-258] 25-6-21. Minimum area [requirements] required. The minimum land area [ofJ required for a C.P.D. shall be [at least] two acres. Section [25-259] 25~-2~. [Procedure] Apulication for [Cluster Plan Development] C.p.D• (a) [Application] An application for g C.P.D. [approval] get shall be [made] on a form prescribed by the [planning department] director and shall be accompanied by a filing and processing fee as set forth under chanter 23. the subdivision control code. (b) The procedure for processing an application for [approval of] a C.P.D. lz~nnit shall be [in the manner] the same as that prescribed for a subdivision application under chanter 23. the subdivision control code. Section [25-260] 25-6-23. [Restrictions under cluster plan developments] Computation of maximum number of lots. (a) [C.P.D. is restricted as follows: (1)] The maximum number of lots that may be created [under the] ]n,~ C.P.D. [procedure] shall be computed by subtracting twenty percent of the total area [being 218 ZONING CODE REVISION DRAFT ?/1/98 considered] proposed for ~ C.P.D. for street [right-of--way] ri¢hts-of-wav. and dividing the remaining area by the minimum lot area requirement of the single-family residential district or districts in which the C.P.D. is to be located. ~ [This] ~g method of computation prescribed in subsection (al shall apply [regardless of the amount of land] whether or not twenty percent of the total land area is actually required for street [right-of--way] riehts-of--wav. ~ Land utilized by utilities for [easement] 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 lots that may be created [under the] in a C.P.D. [procedure.] ~ 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 lots that may be created [under the] ln..a C.P.D. Section 25-6-24. Minimum lot size in C.P.D. [(2)] ~ [Under this procedure, lots] Lots in a C.P.D. may be reduced in area below the minimum lot size required in the district in which the C.P.D. is located, provided that the average lot size of the lots created in the C.P.D. is not below the minunum lot size required in the district for C.P.D. [(3)] ~ No lot in [single-family residential] district shall be reduced in area below the following minimum [standard] standards: 219 ZONING CODOE~R~ Area Requirement C.P.D. Minimum Standard 1 acre 20,000 square feet 30,000 square feet 15,000 squaze feet 20,000 square feet 12,000 squaze feet 15,000 square feet 10,000 square feet 10,000 square feet 7,500 square feet 7,500 squaze feet 6,000 square feet Section 25-6-25. Common land in a C.P.D. [(4)] la.2 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 [received and] approved by the [planning department before the provisions of this section shall apply] director. A private recreational use such as a golf course or a swimming pool, [whose] which use is limited to the owners or occupants of lots located within the C.P.D. may be approved as [a] 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. [(5)] ~ The method of maintenance of common land for open space or recreational use shall be [acceptable to] improved by the director. [(b) The requirements as set forth under P.U.D. shall apply in cases not mentioned under C.P.D. and which aze determined to be applicable by the planning department.] Section 25-6-26. AQpeal of a C.P.D. decision. Within thirty days after the date of the director's written decision regardi g a C.P.D.. anv D r on aggrieved by the decision may anneal the director's action to the board of appeals in accordance with its rules. 220 ZONING CODRAFT 2/7198 [Article 25] Division 3. [Regulations for Ohana Dwelling] Ohana Dwellings Section [25-270] 25-6-30. Purpose and applicability. [The purpose of this article is to describe the conditions under which an "ohana dwelling," as defined in section 25-4 of this chapter, shall be permitted in furtherance of the legislative intent of Act 229, Session Laws of Hawaii 1981, which is] Ohana dwellings are intended to assist families [to purchase] 111 purchasing affordable individual living quarters and, at the same time, to encourage the preservation of the extended family as indicated by Act 229. Session L?ws of Hawaii 1981. [It is not the intent of this article] The use of ohana dwellings is not intended to supersede private deed restrictions or agreements which may prohibit the construction of additional (dwelling] dwellings on [the lot] building sites. Section [25-271] 25-6-31. [General provisions] Conditions of aonroval. Notwithstanding any law, ordinance, or rule to the contrary, [two dwelling units] an o11all3 dwelling may be constructed on any [lot] building site within all [State] state land use urban, agricultural, rural and conservation districts provided that: (1) Applicable County requirements, not inconsistent with the intent of this section and [the zoning provisions] this chanter applicable to residential use are met, including use, building height, setback, and off-street pazking; (2) The [County] director determines that public facilities as specified in section [25-272 of this article] 25-6-32- are adequate to serve the ohana dwelling unit; ~ (3) [That at the time of application for a County building permit for a second dwelling unit, the subject lot or land parcel is not restricted by a recorded covenant or a recorded lease provision (in a lease having a term of not less than fifteen years) which prohibits a second dwelling unit; and 221 ZONING CODRAFT 2/1/98 (4)] Appropriate [State] state approval has been received if the [lot] building iris situated within the [State] state land use conservation district. Section [25-272] 25_6-32. [Requirements] Iittprovement standards. [(a)] An ohana dwelling shall comply with all other requirements of this [article] c~pter and of the County [Code] except with regard to density. On any [lot] building ~itg where a dwelling unit is permitted, an ohana dwelling may be constructed, provided that: (1) The access to a public or private street shall meet with the approval of the chief engineer. (2) [It] The ohana dwelling meets with [State] the state department of health wastewater treatment and disposal system requirements[. Additional]. with no additional standards [will not be] ~ing imposed by the County; and (3) [It has] There is an area for two off-street parlting stalls on the [lot] building ;:ilg. Section [25-273] [No variances granted] Variances prohibited. No variance from ~g applicable requirements of this chapter, including yard setbacks, shall be granted to permit the construction of an ohana dwelling. Section [25-274] 25-6-34. [Subdividing] Subdivision prohibited. There shall be no subdivision of a [lot] building site upon which an ohana dwelling is situated unless each proposed [lot] building site can meet the minimum building site [requirement] requirements of the zoning district in which it is located. Section [25-275] ~5-(~- [Facilities approval form] Application for ohana dwellin¢: facilities form. An ohana dwelling facilities form, as prepared by the [planning department] director, shall be filed with and approved by [that department] the director as a prerequisite to 222 ZONING CODOE~R~ ~'/O~N the issuance of a building permit to a property owner for an ohana dwelling. The form shall be approved by the [planning] director only upon: (1) [The certification] Certification by the department of public works and the [State] state department of health as to the adequacy of the respective facilities; and (2) [The verification] Verification of the [planning] director that the existing zoning for the property allows the ohana dwelling, and that the building site is adequate to support the additional dwelling. Section [25-276] 25-6-36. [Time limitation] Action on ohana dwelling annlication. [Upon acceptance of a properly filed application, the planning] Thg director shall render a decision on an ohana dwelling~pplication within sixty [calendar] days after acceptance of the ~gplication• Section 25-6-37. Limitation on number of ohana dwelling aoolications and 12gTJ~1tS= (al Not more than one ohana dwelling annlication shall be filed with the director by anv applicant at the same time. and not more than one ohana dwelling annlication may processed for an_v one applicant at the same time. (bl Any Berson who has obtained an ohana dwelling Hermit shall be prohibited from obta0 1I11I1g a second ohana dwelling~ermit for any other building site in the Counly for a period of two years from the date on which the prior ohana dwellinp~permit was issued. tcl The director shall maintain and kelp readily available for public reference a current list of persons who have applied for and who have received ohana dwelling~ermits_ together with the dates of such applications. approvals and denials. 223 ZONING CODE REVISION DRAFT 2/1/98 SeMion 25-6-38. Revocation of ohana dwelling~ermits. (al The director may initiate proceedings to revoke an ohana dwelling~ermit if: (1) The annlicant for the ohana dwelling~ermit intentionail_y misrepresented a material fact in an ohana dwelling~ermit aonlication: or (2) A building Hermit for the construction of the ohana dwelling unit has not been obtained within one year from the date of issuance of the ohana dwellingnermit. The proceeding to revoke an ohana dwelling~ermit shall require written notice to the property owner and to the person who has been issued the permit prior to the director taking~ction to revoke the permit. (cl A proper owner or other person affected by the proposed revocation of an ohana dwelling~ermit ordered by the director. may. within thirty days after the mailing of the director's order. anneal the director's action to the board of anneals in accordance with this rules. An anneal to the board of anneals shall stay the provisions of the director's revocation order pending the final decision of the board of anneals" Section [25-277J .25-6-39. [Appeals] Apceal of an ohana dwelling decision. [The disapproval of the ohana dwelling facilities form by the planning director may be appealed to the boazd of appeal in accordance with its rules] Anv person aggrieved by the decision of the director regarding an oharia dwe11_ing anolication may anoeai the director's action to the board of anneals. in accordance with its ales. within thirty days after the written derision is issued ],y the director. Division 4. Project Districts Section 25-6-40. Purpose and applicabili .The project district development is intended to provide for a flexible and creative plannine~pproach rather than specific land use 224 ZONING CO DRAFr 7/1188 designations. for quality developments. It will also allow for flexibility in location of specific uses and mixes of structural alternatives. The pla~ptne 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 proiect uses are intended to be in accord with each individual proiect district objective. A proiect district is an amendment to this chanter which changes the district boundaries in accordance with the individual proiect district. Section 25-6-41. Criteria for establishing a prgject district. A proiect district may be established as an amendment to this chanter whenever the public necessity and convenience and the general welfare require that a comprehensive planning~~proach for an area should be adopted in order to establish a continuity in land uses and designs while providine a comprehensive network of infrastructural facilities and systems. In addition. a proiect district t~ only be established if the proposed district: (hl Is consistent with the intent and purpose of this chanter and the Countv general plan: and (21 Will not result in a substantial adverse impact upon the surrounding area. community or region. Section 25-6-42. Minimmn land area required. The minimum land area required for ,_proiect district shall be fifty acres. 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 proiect district: provided. that each of the p~posed uses and the overall densities for residential and hotel uses 225 ZONING CODE REVISION DRAFT 2/1/98 shall be contained in a master plan for the proiect district and in the proiect district enabline ordinance. Section 25-6-44. A:Qplication for proiect district: requirements. (al An annlication for a proiect district may be filed by a prop.~y owner or anv other person with the proper owner's consent. The annlication shall be on a form prescribed for this pose by the director and shall be accompanied bvbv: (1 A filing fee of $5.000. (21 A description of the proper in sufficient detail to determine its precise location. (31 A master conceptual plan of the prop~y. showing the proiect district boundaries and the land uses and acreage of land involved. (4) A description of the proposed project district. includine land uses. densities. infrastructural requirements. and development standards. (5) A description of each of the open ~,p~e areas proposed for the proiect district for cultural and/or environmental p~poses. includine those open space areas preserved because of natural hazards. (6~ A metes and bounds description of the proper prepared y a surveyor. X71 A list of the names. addresses and tax man key numbers for those property owners and lessees of record who are situated within a 300 foot radius of the prop proposed for the proiect district. (8) A county environmental report: provided that a county environmental report shall not be required where an environmental impact statement or an environment) assessment 226 ZONING CODE REVISION DRAFT 7NI98 and negative declaration have been prepared and issued in compliance with chanter 343. Hawaii Revised Statutes. (Q)~„~other plans or information required by rules adopted by the director in accordance with chanter 91. Hawaii Revised Statutes. (b) Within five days after filing an application for a project district. the anplicant shall serve notice of the annlication_ as provided b is ch ter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the p~pg~ proposed for the proiect district. (,r) Within one hundred twenty days after a proiect district annlication has been accepted by the director. the director shall forward the annlication to the commission. together with the director's recommendation on the proposed proiect district. and together with a proposed proiect district ordinance which establishes the project district and provides nroiect district standards and conditions. including~ermitted land uses. accessory uses. densities. heights. setbacks. and variances from the requirements of this chanter. and from chap er 23 (subdivision control) and chanter 11 (housing). if applicable. as contained in the master plan for the proiect district. (dl The commission shall review any nroiect district annlication and shall forward its recommendation on the annlication to the council through the mayor for the council's consideration and action. (1) In reviewjpg the annlication. 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 anplicant. The commission shall a~publish notice of the hearing i_n accordance with the requirements of this chap Pr 227 ZONING CODE REVISION DRAFT 2/1/98 (21 Within five working d~vs after receiving notice of the date of the public Baring. the applicant shall serve notice of the application. as provided by ht__is chanter. on owners and lessees of record of interests in properties within three hundred feet of the perimeter boundary of the applicant's prone and to owners and lessees of record of interests j~other psnerties which the commission m~y find to be directly affected by the proposed proiect district. ~.l Within ninety days after receipt of the application from the director. unless a lollg~r period is agr ~ o y Lhe applicant. he co mi ion chall r ncmit he proposed proiect 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. Section 25-6-45. Conditions imposed on project district. (al The council may impose conditions on the use of the prone subject to the proiect district,._provided the council fmds that the conditions are: (;~.1 Necessary to prevent circumstances which may be adverse to the public health. safety and welfare: or Reasonably conceived to fulfill needs directly emanating from tb_e land uses proposed with respect to protection of the public from the potential]y deleterious effects of the proposed uses. or fulfillment of the need for public service demands created by the proposed uses. (bl In addition to the conditions described in subsection (a,2. the council shall include the following conditions in anv proiect district ordinance: (1 A descrjption of each of the uses proposed in the project district: 228 ZONING CODE REVISION DRAFT211/98 The overall densities for the residential and hotel uses established in the project district: (3) Any infrastructure requirements for the proiect district: and (4) Anv oven space requirements for the proiect district. Section 25-6-46. Review and aonroval of site plans. After adoption of a proiect distict etLablipg ordinance. the anplic nt shall c_ub it to the director detailed site plans for the proiect district development. The site plans shall conform to the proiect district enablin¢ ordinance and shall include the followin¢: (1) Plans for required 'nfrac ct, re 'mprovements: (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 chanter 91. Hawaii Revised Statutes. QZl 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 proiect district only if the applicant has complied with all of the conditions contained in the proiect district enabling ordinance and the site plans conform to the standards contained in the p~ject district enabling ordinance. The director may approve the site plans subject to conditions. or the director may approve the site plays subject to certain changes when. in the director's opinion. such conditions or changes are necessary to carry out the p~poses of the proiect district this chapter apd the consideration contained in section 25-6-47. 229 ZONING CODRAFf 211/88 ~l 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 bx the director. Section 25-6-47. Review criteria and conditions of approval. In reviewing site plans for a proiect district. the diector shall consider the proposed development and uses in relation to the surroundingproperties. improvements. streets. traffic. commurty_ Sharacteristics_ and natural features. and may quire conditions or changes to assure: fh Adequate light and air. prover siting and arrangements of all structures and improvements are provided: (21 Existing and prospective traffic movements will not be hindered: (31 Proper landscapine is provided that is commensurate with the development or use and its surroundines: Unsightly areas are properly screened or eliminated: ~l Adeghate off-street parking provided to serve the development or use: (61 Access to the parking areas will not create potential accident ha??rds: and (7? Within reasonable limits. anv natural and man-made features of community value are preserved. Section 25-6-48. Con_~ruction in conformity with approved site pla-ns. Everv strucp3re. development and use contained in site plans for a project district approved byshe director shall be constructed and developed in accordapcp with the terms,~pecifications and conditions of approval for those site plans. Section 25-6-49. Plan approval issued by~pproval of site plans. Plan approval shall be considered issued when site plans for a project district are approved by the director. as 230 ZONING CODE REVISION DRAFT 2/1/88 provided by sections 25-6-46 and 25-6-47. and no further action is required for the issuance of elan approval under this chanter. Section 25-6-49.1. Amendments. Anv amendment to the conditions and standards contained in a proiect district enabling ordinance shall be processed in the same manner as the proiect district enabling ordinance- unless the council in the proiect district enabling ordinance authorizes the amendments to be made by the director. A request for anv amendment shall be submitted in writing to the director, in lieu of the application required for a proiect district. The request shall be accompanied by a filing fee of $250. Section 25-6-49.2. Anneal of director's actions on proiect distriM site plans. Anv person aggrieved by the decision of the director in the issuance of a decision reg ra ding,nroiect district site plans may anneal the director's action to the board of anneals. in accordance with its rules. within thirty days after the written decision is issued by the director. 231 ZONING CODE REVISION DRAFT 2H/98 Article 7. Special District Re ations [Article 24] Division 1. Kailua Village Design Commission Section [25-265] ~5-'L-1. Purpose and applicability; boundaries. (a) The purpose of the Kailua Village design commission [under this article] is to advise the [planning department] director in matters concerning the design of buildings and structures and all public and private improvements within Kailua Village. ~ Kailua Village as used [herein] in sections 25-7-1 through 25-7-5 means that azea 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 southwest comer of TMK: 7-5-05:62; (3) Mauka along the west side of the existing V-.75 and CV-10 zones to Kuakini Highway; (4) Mauka, crossing the Kuakini Highway and along the west side of the existing CV-10 and open zones to the makai side of the Queen Kaahumanu Highway; (5) Southwest along the makai side of the Queen Kaahumanu Highway and its extension to the south side of the Kona Hillcrest Subdivision; (6) 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; (7) 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; ZONING CODE REVISION 232 DRAFT T/7/88 (8) 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.] ordinance no. 628 (1974), as amended by [Ordinance No.] ordinance no. 630 (1974). Section [25-266] 25-7-2. Commission membership; appointment; term. (a) The Kailua Village 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] lh~il appointment. The desien commission shall also reflect across-section of labor, business including tourism and agriculture, and the Village's property owners interests. There shall also be at least one person with a design background and one person with a historical knowledge background on the commission. (b) The members shall serve staggered teens of three years, provided that of the first members appointed after February 24, 1987, three shall serve for one year, three for two years, and three for three years. When the term of a member expires, [he] the member shall continue to serve until [his] ~ successor is appointed. Members whose terms expire may not be reappointed to the desien commission for at least two years; however, members initially appointed for one year may be reappointed for an additional term without the passage of two years time. Section [25-267] Rules of procedure. The [urban] design [review] commission shall [prepare] ~ rules of procedure. pursuant to chanter 91. Hawaii Revised Statutes. relating to matters within [its] the design commission's jurisdiction. ZONING CODE REVISION 233 DRnFr eves Section [25-268] 2.5_7. Powers and duties of the commission. (a) The desien commission shall recommend to the [planning department] 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 desien commission shall provide an azchitectural and design review of applications requiring plan approval by the [planning department] director. The desien commission's review and recommendations to the [planning depaztment] director shall be completed within [one month or] thirty [calendar] days from the date of the desien commission's receipt of the plans requiring plan approval. If a recommendation is not received within the allotted period, the [planning department] director shall continue to process the request for plan approval. (c) The desien 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 [planning department] director within thirty [calendaz] days from the desien commission's receipt of the proposal. If a recommendation is not received within the allotted period, the [planning department] director shall continue to process the proposed activity. (d) All of the desien commission's advice and recommendations to the [planning department] director shall be consistent with the provisions of the Countv charter, general plan, zoning and all other related ordinances and any publicly funded master plan developed for Kailua Village. ZONING CODE REVISION 234 DRnFr vvee Section [25-269] 2,5_-L-~. Amendment of district boundaries. The Kailua Village boundaies as described in section [25-266] 25-7-1 shall be subject to review in 1979 and every five years thereafter by the council, and may be amended as appropriate. [Article 26] Division 2. CDH, Downtown Hilo Commercial District Section [25-278] 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 [multi-family] multjple-family housing. The zoning requirements of this district are applicable to all [lots] 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. Section [25-279] 25-7-21. Designation of CDH district. The CDH (downtown Hilo commercial) district shall be designated by the symbol "CDH". Presently Section 25-279. Section [25-280] 25-7-22. Permitted uses. (a) The following uses shall be permitted in the CDH district: [(1) All retail uses that aze conducted entirely within a building, provided that they are not detrimental to the character of the district. (2) Offices (business, administrative, professional, executive, financial, editorial, medical, dental, real estate, and any other similar office use which will not be detritental to the chaaacter of the district). ZONING CODE REVISION 235 DRAFT 2/1/98 (3) Personal service uses, including bazber shops, beauty parlors, launderettes, cleaning, pressing service and pickup stations, shoe repair, clothes mending, and tailor shops. (4) Banks, lending agencies and financial institutions. (5) Drugstores, prescription pharmacies, title companies, photographer or commercial artist studios, modeling agencies. (6) Manufacturing of a nonnoxious type where the only retail sales outlet for products produced is on the premises where produced, and provided that the activities are not detrimental to the character of the district. (7) Museums; librazies; community, public and public service buildings. (8) Art galleries. (9) Automobile parking lots and buildings or storage garages. (10) Display rooms for products sold elsewhere. (11) Newspaper, publishing houses, printing shops, cartographer and duplicating processes such as blueprinting or photostating. (12) Restaurants, lunch counters, coffee shops, drive-ins, bars, cocktail lounges and night clubs. (13) Repair shops for personal or household items, and "fix-it" shops. (14) Private clubs, social orders, fraternal groups and other similaz organizations for offices, meetings, and social activities. (15) Tour, travel and ticket agencies. (16) Business, technical or trade schools, art, modeling, music, dancing, photographic or other similar studios or academies. ZONING CODE REVISION 236 DRAFT Z7/ee (17) Public service or public utility uses but excluding any service, equipment or storage yazd or power plants therefor. (18) Automobile service stations or gazages, excluding body and fenderworks, electric tine rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely enclosed building, car washes or laundries other than those utilizing automatic or steam cleaning equipment; and provided that the facilities are not detrimental to the character of the district. (19) Bakeries. (20) Broadcasting stations or studios (radio and television) (21) Commercial amusement establishments such as bowling alleys, skating rinks, pool halls, etc. (22) Retail sales or services where customers aze served at a drive-up window or while they are in their car provided that they are not detrimental to the character of the district. (23) Gymnasiums, physical culture studios and reducing salons. (24) Medical and dental centers, groups or clinics. (25) Hospitals of all types. (26) Hotels and apartment-hotels with a maximum density of five hundred square feet of land azea per sepazate rentable unit. (27) Any use permitted in RM districts with a maximum density of 1,000 square feet of land area per rentable or dwelling unit. (28) Residential use in connection with the operation of any permitted use. (29) Indoor sports arenas, auditoriums, and theaters. ZONING CODE REVISION 237 DRnFr vves (30) Bed and breakfast establishment. (31) Uses normally considered accessory, incidental and subordinate to the above uses.] (1) Adult day care homes. (2) Amusement and recreation facilities. indoor. ~~~galleries. (41 Automobile service stations or garages. excluding body and fenderworks. electric fire rebuilding or battery rebuilding and provided that all work is conducted wholly within a complgteYly enclosed buildine. (51 Bakeries. (~l Bars. cocktail lounges and night clubs. (71 Bed and breakfast establishments. as ,permitted under section 25-4-7. Boarding facilities. rooming. or lodgine houses. (91 Broadcasting stations or studios (radio and television). (10) Business services. (111 Car washine~nrovided that the facilities are not detrimental to the character of the district. (121 Commercial parking lots and garages. X131 Community buildings. as permitted under section 25-4-11. (141 Croceproduction. (151 Display rooms for products sold elsewhere. (16) Drive- hru ectablic mentc. provided such uses are not detrimental to the character of the district. ZONING CODE REVISION 238 DRAFT 2I7I98 j171 Dwellings. double-family or duplex. with a maximum density of one thousand square feet of land area per rentable unit or dwelling unit. (18) Dwellings. multiple-fami y. with a maximum density of one thousand ware feet of land area per rentable unit or dwelling unit. (191 Dwellings. single-family. f201 Family child care homes. Farmers markets. provided that the products are limited to the sellin¢ of local fresh and/or raw produce. fish and local homeerown and homemade products and wares. (221 Financial institutions. (231 Group living facilities. X24) Home occupations. as permitted under section 25-4-13. 5(2;1 Ho~.pitals. sanitariums. old age. convalescent. nursing and rest homes and Qther similar uses. (26) Hotels and apartment hotels with a maximum density of five hundred square feet of land are~per rentable unit. (2Z Inns (28) Laundries other than those utilizine steam cleaning epuipment. provided that the facilities are not detrimental to the character of th_e district. X291 Manufacturine^processing and packag'ni light. provided that the activities are not detrimental to Lhe character of the district. (301 Medical clinics. (311 Meeting facilities. ill Model homes. as permitted under section 25-4-8. ZONING CODE REVISION 239 DRAFT 7/1198 (mil Modeling~*encies. X34) Museums and libraries. X351 Neighborhood parks. plaverounds. tennis courts. swimming.pools. and similar neighborhood recreational areas and uses. j361 Offices. X37) Open air markets. provided that the activities are not detrimental to the character of the district. (381 Personal services. (391 Photogranhv and artist studios. (401 Public uses and structures. as cermitted under section 25-4-11. (411 Publishing_plants for newsnacers. books and magazines. printing shoes. cartogranhing and duplicating~rocesses such as blueprinting or Photostatine. (421 Repair establishments. minor. X431 Restaurants. including take-out restaurants. (441 Retail establishments. provided that they are not detrimental to the character of the district. X451 Schools. business. (461 Schools. Photogranhv. art. music. dance or other similar studios or academies. (47) Schools. vocational. j481 Telecommunication antennas as permitted under section 25-4-12. (491 Temporary real estate offices. as permitted under section 25-4-8. (501 Theaters. auditoriums and indoor sports arenas. ZONING CODE REVISION 240 DRAFT 2/1/98 (511 Utility substations. as permitted under section 25-4-11. ~ Residential use in connection with the operation of any permitted use shall be permitted in the CDH district. ~ [Uses] Buildings and uses normally considered accessory[, incidental and subordinate] to the above uses shall also be permitted in the CDH district. Section [25-281] 25-7-23. Height [limits] jimit. The height [limits] 1in1i1 in the CDH district shall be one hundred twenty feet. Section [25-282] 25-7-24. Minimum building site area. The minimum building site area in the CDH district shall be seven thousand five hundred square feet. Section [25-283] 25-7-25. Minimum building site average width. [The minimum] F~]1 building site [average width] in the CDH district shall [be] have a mi~mum building site average width of sixty feet. Section [25-284] 25-7-26. Minimum yards. Front, reaz and sides: none, except as required by plan approval. Section [25-285] 25-7-27. Other regulations. Plan approval [in accordance with Article 20 of this Chapter] is required [of] f4L all new structures and [uses] additions to existing structures in the CDH district. ZONING CODE REVISION 241 DRAFr?/1/98 [Article 3] Article g• Zoning Map, District and Urban Zone Maps. Section [25-85] ?,5_-$1. Maps incorporated by reference. The maps described in this article delineate the [land use] zg~jng districts designated in [azticles 2 and 4 through 19] of this chapter and aze hereby incorporated by reference to this chapter. A copy of each map referred to shall be filed in the planning department. Section [25-86] 25-8-2. North and South Kona districts zone map. North and South Kona districts zone map, as adopted on February 17, 1967, by the [planning] commission and marked thereupon as section 7.01. Section [25-87] North Kona zone map. North Kona zone map, as adopted on February 17, 1967 by the [planning] commission and marked thereupon as section 7.02. Section [25-88] 25-8-4. South Kona zone map. South Kona zone map, as adopted on February 17, 1967 by the [planning] commission and marked thereupon as section 7.03. Section [25-89] 25-8-5. Kallua urban zone map. Kailua urban zone map, as adopted on February 17, 1967, by the [planning] commission and marked thereupon as section 7.04. Section [25-90] 25-8-6. Kailua-Honalo urban zone map. Kailua-Honalo urban zone map, as adopted on February 17, 1967 by the [planning] commission and mazked thereupon as section 7.05. Section [25-95A] 25-8-7. North and South Kohala districts zone map. Section [25-95B] Upolu Point-Kaauhuhu homesteads zone map. Section [25-95C] 25-8-9. Hawi-Kapaau zone map. Section [25-95D] 25-8-10. Halaula-Niulii zone map. Section [25-95E] 25-S-il. Lalamilo-Puukapu zone map. Section [25-95F] .25.8.12. Kawalhae-Puako zone map. 242 ZONING CODE REVISION GRAFT 2/1/96 Section [25-95G] 25-8-13. Puako-Anaehoomalu zone map. Section [25-95H] 25-8-14. Waikoloa Village zone map. Section [25-96] 25-8-15. Hamakua district zone map. Hamakua district zone map, marked thereupon as section 7.11. Section [25-97] 25-8-16. Hamakua district homesteads area zone map. Hamakua district homesteads area zone map, marked thereupon as section 7.12. Section [25-98] ?,~$=1'Z. Haina-Honokaa-Kukuihaele zone map. Haina-Honokaa-Kukuihaele zone map, marked thereupon as section 7.13. Section [25-99] 25_8_18. Paauilo-Kukaiau zone map. Paauilo-Kukaiau zone map, marked thereupon as section 7.14. Section [25-100] 25-8-19. North Hilo district zone map. North Hilo district zone map, marked thereupon as section 7.15. Section [25-101] 25-8-20. Ookala zone map. Ookala zone map, marked thereupon as section 7.16. Section [25-102] 25-8-21. Laupahoehce-Ninole zone map. Laupahoehoe-Ninole zone map, marked thereupon as section 7.17. Section [25-103] 25-8-22. Puna district zone map. Puna district zone map, marked thereupon as section [7.19] Z1$. Section [25-104] 25-8-23. Volcano-Mt. View zone map. Volcano-Mt. View zone map, marked thereupon as section 7.19. Section [25-105] 25-8-24. Kurtistown zone map. Kurtistown zone map, marked thereupon as section 7.20. ZONING CODE REVISION 243 DRAFT 2/1 /98 Section [25-106] 25-8-25. Keaau zone map. Keaau zone map, marked thereupon as section 7.21. Section [25-107] 25-8-26. Pahoa zone map. Pahoa zone map, marked thereupon as section 7.22. Section [25-108] ?5$2_'Z. Kalapana-Kaimu zone map. Kalapana-Kaimu zone map, marked thereupon as section 7.23. Section [25-109] 25-8-28. Kau district zone map. Kau district zone map, marked thereupon as section 7.24. Section [25-110] ?5$22. Pahala Village zone map. Pahala Village zone map, marked thereupon as section 7.25. Section [25-111] 25-8-30. Naalehu zone map. Naalehu zone map, marked thereupon as section 7.26. Section [25-112] 25-8-31. Waiohinu zone map. Waiohinu zone map, marked thereupon as section 7.27. Section [25-113] ?5$~2. South Hilo district zone map exclusive of the [City] lily of Hilo, Papaikou-Onomea, Pepeekeo and Halcalau-Honomu). South Hilo district zone map (exclusive of the [City] S~lSX of Hilo, Papaikou-Onomea, Pepeekeo and Hakalau-Honomu) marked thereupon as section 7.28. Section [25-114] ~-8-33. City of Hilo zone map. City of Hilo zone map, marked thereupon as section 7.29. Section [25-115] 254• Papaikou-Onomea zone map. Papaikou-Onomea zone map marked thereupon as section 7.30. 244 ZONING CODE REVISION DRAFT 2/1/98 Section [25-116] 25~~. Pepeekeo zone map. Pepeekeo zone map, marked thereupon as section 7.31. Section [25-117] 25~¢. Hakalau-Honomu zone map. Hakalau-Honomu zone map, marked thereupon as section 7.32. SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the underscoring, brackets and bracketed material need not be included. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Readmg: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY: Corporation Counsel DATED: REFERENT, CAmpk 110~~.~.~ 245 ZONING C DRAFT 2/1 /9fi