HomeMy WebLinkAboutBIL 250 Draft 02 1994-1996 ~ I 250
/ / G / ~ (Draft 2)
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:]
hereby revealed.
SECTION 2 Anew Chanter 25 is added to the Hawaii County Code which shall read
as follows:
"CHAPTER 25
ZONING
Article 1. General Provisions
Section 25-1-1. Title. The provisions of this chapter, inclusive of any amendments,
shall be known as the Zoning Code.
Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the general
plan which is a long range, comprehensive, general plan prepared to guide the overall future
development of the County.
(b) For the purpose of promoting health, safety, morals, or the general welfare of the
County, this chapter regulates and restricts the height, size of buildings, and other structures,
the percentage of a lotthat may be occupied; off-street parking, setbacks, size of yards,
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courts, and other open spaces, the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, or other purposes.
Section 25-1-3. Severability. If any portion of this chapter, or its application to any
person or circumstance, shall be held unconstitutional or invalid because it violates any
provision of the County charter or for any other reason, the remainder of the chapter and the
application of such portion to other persons or circumstances shall not be affected thereby.
Section 25-1-4. Adoption of rules. The director and the commission may, as
appropriate, each adopt rules, in accordance with Hawaii Revised Statutes, chapter 91, for the
purpose of implementing the provisions of this chapter.
Section 25-1-5. Definitions.
(a) Building construction and development terms that are not defined in this chapter
shall be given their respective defuutions as found in the Building Code (chapter 5).
(b) The following words and phrases, unless the context otherwise requires, are
defined as follows:
(1) "Accessory building" means a building, no more than [twenty] fifteen feet in
height, detached from and subordinate to a main building or main use on the same [building
site] 19S and used for the purposes customarily incidental to those of the 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] I91 as
the main or principal use.
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(3) "Adult day care home" means a private residence, licensed or annroved by
the state, providing supportive and protective care, without overnight accommodations, to not
more than three adult disabled or aged persons.
(4) "Agricultural products processing, major" means activities involving a
variety of operations on crops or livestock which may generate dust, noise. odors, pollutants
or visual impacts that could adversely affect adjacent properties. These uses include, but are
not limited to, slaughterhouses, mills, refineries, canneries and milk processing plants.
(5) "Agricultural products processing, minor" means activities [on a building
site] used for crop production, which are not regulated as major agricultural products
processing and which [perform] involve a variety of operations on crops after harvest to
prepare them for market, or further processing and packaging at a distance from the
agricultural area. Included activities are cleaning, [milling, pulping, drying, roasting,
hulling,] storing, packing, honey processing, poi-making[, selling] and other similar activities.
[ Also included are the facilities or buildings related to such activities.]
(6) "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.
(7) "Amusement and recreation facility, indoor" means an establishment
providing indoor amusement or recreation. Typical uses include: martial arts studios; billiard
and pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks; health
and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums; ltlovie
theaters: and indoor archery and shooting ranges.
(8) "Amusement and recreation facility, major outdoor" means a permanent
facility providing outdoor amusement and entertainment, including theme and other types of
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amusement parks, stadiums, skateboard parks, go-cart and automobile race tracks, miniature
golf and drive-in theaters.
(9) "Apartment house" means amultiple-family dwelling.
(10) "Aquaculture" means the production of aquatic plant or animal life for food
or fiber within ponds and other bodies of water.
(11) "Authorized personnel" means a police officer or a person or persons
authorized in writing by the director.
(12) "Automobile service station" means a retail establishment which primarily
provides gasoline, automobile accessories and service, but not including tine recapping or
regrooving, body work, straightening of frames or body parts, steam cleaning, painting,
welding, or storage of automobiles, except for storage of vehicles for short periods pending
repair or servicing on the site and pick-up by the owner.
(13) "Bed and breakfast establishment" means a single-family 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.
(14) "Beginning of construction" means placing of construction materials in
their permanent position, fastened in a permanent manner.
(15) "Building" means any structure used or intended for supporting or
sheltering any use or occupancy[, and includes accessory building, community building and
main building.]
(16) "Building height"[, as defined in the building code,] means the vertical
distance above a reference datum measured to the highest point of the coping of a flat roof, or
to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or
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hipped roof. The reference datum shall be selected by either of the following, whichever
yields a greater height of building:
(A) The elevation of the highest adjoining sidewalk or ground surface
within 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.
(B) An elevation ten feet higher than the lowest grade when the
sidewalk or ground surface described in (A) above is more than ten feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any
segment of the building.
(17) "Building line" means a line on a lot indicating the limit beyond which
buildings or structures may not be erected.
[(18) "Building site" means a parcel of land which is occupied or is to be
occupied by a principal use and accessory uses or a building or group of buildings, and
includes a lot and a plot.
(19) "Building site average width" means that figure obtained by dividing the
total area of a lot by the maximum depth of the lot measured in the general direction of the
side lines.]
[(20)](1$). "Business service" means an establishment which primarily provides
goods and services to other business, including but not limited to minor job printing,
duplicating, binding and photographic processing, office security, maintenance and custodial
services, and office equipment and machinery sales, rentals and repair.
[(21)](1Q) "Care home" means a facility which is licensed or approved by the
state to provide living accommodations and general or rehabilitative care in homes with not
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more than one kitchen, to accommodate [seven or more persons, whether or not such persons
are related] five or fewer unrelated .persons. The term includes adult residential care homes,
group child care homes and other facilities for children, elderly, handicapped, developmentally
disabled and totally disabled.
[(22)](291 "Catering establishment" means an establishment primarily involved
in the preparation and transfer of finished food products for immediate consumption upon
delivery to off-premises destinations including, but not limited to, hotels, restaurants, airlines
and social events.
[(23)](211 "City of Hilo" means an unincorporated area comnrisine of 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 of Paukaa in the district of South Hilo and on the east by the sea.
[(24)]5221 "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.
[(25)]5231 "Commercial parking lot and garage" means any building or parking
area designed or used for temporary parking of automotive vehicles, which is not accessory to
another use on the same [building site] 191 and within which no vehicles are repaired.
[(26)]524.1 "Commission" means the planning commission.
[(2'7)]52,.15 "Community building" means a public or privately-owned building
for civic, social, educational, cultural, and recreational activities [of a neighborhood or
community group or association and] not operated primarily for financial gain.
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[(28)]~ "Conforming" means in compliance with the regulations of the
pertinent zoning district.
[(29)](2.2) "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, newspapers and magazines, and freshly
prepared foods such as sandwiches for off-site consumption.
[(30)]f~ "Council" means the county council.
[(31)]~ "County environmental report" means an informational document ln.a
form and having contents as prescribed by the platLning direc or, available to the public for
inspection [and written comment], which describes the physical, social, economic, and natural
resource consequences of a proposed action, including but not limited to a discussion of
alternatives to the proposed action, [adverse] ~IIy 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 natural 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 chapter 343,
Hawaii Revised Statutes.
[(32)]~ "Crop production" means agricultural and horticultural uses,
including, but not limited to, production of grains, field crops, vegetables, fruits, tree nuts,
flower fields and seed production, ornamental crops, tree and sod farms.
[(33)](312 "Day care facility" means a facility which is licensed or ann or ved by
the state where seven or more persons who are not members of the family occupying the
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premises are cared for without overnight accommodations. This term includes day nurseries,
preschools, kindergartens and adult day care facilities.
[(34)](~ "Data processing facility" means an establishment primarily involved
in the compiling, storage and maintenance of documents, records and other types of
information in digital form utilizing a mainframe computer. This term does not include
general business offices, computer related sales establishments, and business or personal
services.
[(35)](~ "Density" means the number of persons, or dwelling units or
rentable units for a particular unit of gross land area.
[(36)](~ "Director" means the director of the planning department.
[(37)]1,x,2 "Drive-thru establishment" means any portion of a retail
establishment which offers goods or services to patrons via adrive-thru counter or window so
that patrons need not leave their vehicles for service. The term drive-thru does not include
automobile service stations.
[(38)]0¢,2 "Duplex and "double family dwelling" means a building containing
only two dwelling units.
[(39) "Dwelling" means a building or part thereof designed for or used for
residential occupancy or both and containing one or more dwelling units, and includes double
family dwelling or duplex, mobile dwelling, multiple family dwelling and single-family
dwelling.]
[(40)]021 "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] which ogether structurally constitute an
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independent and complete living area for a single family and [containing] contains a single
kitchen.
[(41)]!x$1 "Energy saving device" means any facility, equipment, apparatus or
the like which makes use of nonfossil fuel sources for lighting, heating or cooling or which
reduces the use of other types of energy dependent on fossil fuel for generation.
[(42)]I392 "Environmental impact statement" means an informational document
prepared in compliance with chapter 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.
[(43)]441 "Erected" means constructed, reconstructed, altered, placed, or
moved.
[(44)](411 "Family" means an individual or two or more persons related by
blood state sanctioned adoption. foster parentage guardianship or marriage, or a group of not
more than five unrelated persons (excluding servants), [who need not be related by blood or
marriage, living together in] occupying a dwelling unit. [The term includes individuals in
larger group living situations described as group living facilities and family child care homes.]
In addition eight or fewer persons who reside in an adult care home. group living facilities.
fami y child care homes or similar facility monitored and/or licensed or approved by the state
shall be considered a family.
[(45)]!.421 "Family child care home" means a private residence licensed 9t
annroved by the state at which care or the responsibility for the supervision, development,
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safety and protection is provided for up to six children, who are living in the residence apart
from the parent or guardian.
(431 "Farm" means land cultivated for the purpose of agriculutral. livestock.
poultry. or aquatic production.
[(46)](441 "Farm dwelling" means asingle-family dwelling located on and used
in connection with a farm, or where agricultural activity provides income to the family
occupying the dwelling.
[(47)]451 "Flag lot" means a [building site] 142 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.
(461 "Flag lot access drive" means a strip of land which provides access for a
flae
lot•
[(48)]1.421 "Floor area, gross" means the total area of all floors of a building
including a basement measured along the exterior walls of such building.
[(49)]4$) "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.
[(50)](4Q) "Food manufacturing and processing facility" means an establishment
primarily involved in the manufacture and processing of food products, other than an animal
products processing establishment. Typical activities include, but are not necessarily limited
to, noodle factories, and coffee grinding.
[(51)]j~2 "Frontage" means that portion of a [parcel of property] ]g~ which
abuts [on] a road, road easement, street, or highway which affords access to the [property] ]g~.
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[(52)]~ "Future width lines" means lines established on the zoning map, for
purposes of future widening of an existing street and establishing the front property line of an
affected [building site] 141. The area within these lines or between a future width line and an
existing street right-of-way line, shall be deemed to be a street right-of-way, and cannot be
considered in computing the minimum yard required on any [building site] 14I.
[(53)]~ "Group living facility" means a facility with eight or fewer residents,
in addition to the family or staff operating the facility, and which is licensed or anoroved 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-C) for persons
including mentally ill, who are not related to the home operator or facility staff.
[(54)] 5~. 31 "Guest house" means an accessory building used as sleeping quarters
for guests of the occupants of the main dwelling and having no cooking facilities.
[(55) "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 living accommodations.]
[(56)]l~41 "Home improvement center" means a single establishment primarily
involved in providing a large variety of goods and services directly associated with building
and home improvements.
[(57)]L~2 "Home occupation" means any activity intended to [produce] provide
income that is carried on within a dwelling, within an accessory structure to a dwelling, or on
a portion of a [building site] 19I used principally for dwelling purposes. [Home occupation
includes the use of any residential premises as a base for an off-premises, income producing
activity.]
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[(58)] 5~2 "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.
[(59)](~Z) "Hotel" means a building or group of buildings containing six or
more rooms or suites which provides transient lodging accommodations meals entertainment.
and various personal services for compensation. [in six or more rooms or suites, for the use of
persons on a commercial basis, whether such] Such establishment is called a hotel, motel,
motor hotel, motor lodge, or otherwise.
[(60) "Inn" means a commercial facility providing transient lodging
accommodations and meals and containing not more than ten guest rooms or suites.]
[(61)]!x$1 "Junk yard" means an outdoor or partially enclosed area, more than
two hundred square feet in size, used for storage or keeping of junk, scrap, or waste materials,
or for dismantling or wrecking vehicles or machinery or for storage of parts resulting
therefrom.
[(62)]~ "Kennel" means a commercial establishment in which dogs or
domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or
compensation.
[(63)]~Q1 "Kitchen" means a room or a portion of a room designed to be used
for the preparation of food and containing an item from all three of the following:
(A) Fixtures, appliances or devices for heating or cooking food;
(B) Fixtures, appliances or devices for washing utensils used for dining
and food preparation and/or for washing and preparing food; and
(C) Fixtures, appliances or devices for refrigeration of food.
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[(64)]~ "Land use" means use of land, building use and use of any building.
[(65)]IS2). "Livestock" means all animals generally associated with farming,
which are raised or kept for food and other agricultural purposes. Such animals include
horses, cattle, goats, sheep, chickens, ducks, geese and other poultry and swine.
[(66)](¢~ "Livestock production" means a distinct agricultural operation or
establishment [establishments primarily engaged in commercial livestock keeping or feeding]
which keel, feeds. or raises livestock for commercial poses and as a principal land use.
These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken, turkey and
other poultry farms, rabbit farms, apiaries and aviaries.
[(67)]4 "Lodge" means a building or group of buildings, under single
management, containing transient lodging accommodations [with or] without individual kitchen
facilities, and no more than [one hundred] f4ity guest rooms or suites, and generally located in
[agricultural, rural or other] less populated areas. Such establishment is also called an inn.
[(68)]f~5~ "Lot" means [a building site] LQI or a parcel of land shown as a unit
on an approved subdivision map, or a survey map.
(661 "Lot width" means that figure obtained by dividing the total area of a lot
by the maximum depth of the lot measured in the general direction of the side lines.
[(69)](¢Z) "Lot line" means any boundary of a lot or property line, and
includes:
(A) "Interior lot line" which is any line of the lot other than the street
frontage.
(B) "Rear lot line" which is the lot line that is generally opposite the
street frontage.
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[(70)](¢$) "Main building" means a building in which is conducted a principal or
main use on the [building site] or which it is situated.
[(71)](¢9 "Manufacturing, processing and packaging, general" means activities
which are the main purpose of establishments primarily involved in the manufacture,
processing, assembly, fabrication, refinement, alteration and/or other end products suitable for
sale or trade. General manufacturing, processing and packaging establishments are those
involving significant mechanical and chemical processes, large amounts of metal transfer, or
extended shifr operations. Typical activities include, but are not limited to: paper and textile
milling; wood millwork and the production of prefabricated structural wood products; the
manufacture of soaps and detergents; rubber processing and the manufacture of rubber
products; the production of plastics and other synthetic materials; primary metals processes;
the manufacture of vehicles; machinery and fabricated metal products; electroplating; cement
making and the production of concrete; gypsum and related products; the production of
chemical products; perfumes and pharmaceuticals; and the production of paving and roofing
materials. General manufacturing does not include those activities associated with petroleum
processing; the manufacture of explosives and toxic chemicals; waste disposal and processing;
and/or the processing of salvage, scrap and junk materials.
[(72)](Z~. "Manufacturing, processing and packaging, light" means activities
which are the main purpose of establishments primarily involved in the manufacture,
processing, assembly, fabrication, refinement, alteration and/or other end products suitable for
sale or trade. Light manufacturing, processing and packaging establishments involve activities
which are non-offensive to adjacent uses; involve no open storage or other types of outdoor
accessory uses other than parking and loading; do not involve processes which generate
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significant levels of heat, noise, odors and/or particulates; and do not involve chemicals or
other substances which pose a threat to health and safety. Typical activities include, but are
not limited to, the production of handcrafted goods, electronics-intensive equipment,
components related to instrumentation and measuring devices, bio-medical and
telecommunications technologies, computer parts and software, optical and photographic
equipment, and other manufacturing, processing and packaging uses meeting the criteria
prescribed herein.
[(73)]jZll "Medical clinic" means an office building or group of offices for
persons engaged in the practice of a medical or dental profession or occupation. A medical
clinic does not have beds for overnight care of patients but can involve the treatment of
outpatients. A "medical profession or occupation" is any activity involving the diagnosis,
cure, treatment, mitigation or prevention of disease or which affects any bodily function, but
does not include chiropractic and massage treatment and services.
[(74)]~ "Meeting facility" means a permanent facility for public or
private y-owned recreational, social or multi-purpose use, which has no overnight
accommodations, and which may be for organizations operating on a membership basis for the
promotion of members' mutual interests or may be primarily intended for community
purposes. Typical uses include private clubs, union halls, community centers, and student
centers.
[(75)]~ "Mobile dwelling" means a structure or vehicle containing one or
more dwelling units designed so as to be transportable either by being carried or towed or
under its own power, whether or not the wheels, skids or other devices for transportability are
actually in place.
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[(76)](~ "Multiple-family dwellingu means a building containing more than
two dwelling units.
[(77)]5 "Nonconforming building or parcel" means a building or parcel
lawfully in existence on September 21, 1966 or on the date of any amendment to this chapter,
but which does not comply with the regulations for the zonine district in which it is located.
[(78)]jZ~z2 "Non-conforming use" means a use lawfully in existence on
September 21, 1966 or on the date of any amendment to this chapter, but which does not
conform to the regulations for the zonine district in which it is located.
[(79)]u "Ghana dwelling" means a second dwelling unit permitted to be built
as a separate or an attached unit on a zonine lot, but does not include a guest house or a farm
dwelling.
[(80)]jZ$) "Pedestrian way" means a public right-of-way through a block
between lots for pedestrian traffic, which may also be used as a utility easement and which has
a maximum width of twenty feet.
[(81)]uQ) "Personal services establishment" means an establishment which
offers specialized goods and services purchased frequently by the consumer. Included are
barbershops, beauty shops, massage facilities, chiropractic clinics, garment repair, laundry
cleaning, pressing, dyeing, tailoring, shoe repair and other similar establishments.
[(82)]x$41 "Piggery" means any parcel or premises where five or more weaned
hogs are maintained.
[(83)]($11 "Plan approval" means the review and approval of plans for new
structures and additions to existing structures, and certain uses in specified zoning districts in
order to assure that the intent and purpose of this chapter are carried out.
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[(84)]1,$21 "Plan lines for future streets" means lines established on the zoning
map for the purpose of future street construction and establishing the front property line of the
affected [building site] 145. The area within these lines shall be deemed to be street
right-of--way, and cannot be considered in computing the minimum area or yard required on
any [building site] 145.
[(85)]($~ "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
purely a function, activity or service of government and structures leased by government to
private entrepreneurs or to non-profit organizations.
[(86)]1$41 "Recycling center" means an establishment on a [building site]145,
with or without buildings, upon which used materials are separated and processed for shipment
for eventual reuse in new products. A recycling collection point or an area which serves only
as a drop-off point for temporary storage of recyclables shall not be considered a recycling
center.
[(87)]1$51 "Rentable unit" means a separate room or rooms for sleeping
accommodations let, rented, or leased as a unit by the room or suite, except that in the case of
sleeping accommodations let or rented by the bed, a rentable unit shall be two beds.
[(88)]($y1 "Repair establishment, major" means an establishment which
primarily provides restoration, reconstruction and general mending and repair services, and
which includes any repair activities which are likely to have some impact on the environment
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and adjacent land uses by virtue of their appearance, noise, size, traffic generation or
operational characteristics. Major repair establishments include, but are not limited to:
(A) Blacksmith.
(B) Boat cleaning and repair.
(C) Electrical, gasoline and diesel motor repair and rebuilding.
(D) Furniture repair.
(E) Industrial machinery and heavy equipment repair.
(F) Vehicular repair, including repair of body and fender, and
straightening of frame and body parts.
[(89)]($7 "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
aze not limited to:
(A) Automobile repair, including auto painting and motorized bicycle
repair, provided all repair work is performed within an enclosed structure and does not include
repair of body and fender, and straightening of frame and body parts.
(B) Eyeglasses, hearing aids and prosthetic devices, production and
repair.
(C) Furniture upholstery.
(D) Garment repair.
(E) General repair shop.
(F) Non-motorized bicycle repair.
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(G) Radio, television and other household appliance and equipment
repair, except for those appliances with gasoline engines.
(H) Shoe repair.
(i) Watch, clock and jewelry repair.
[(90)]($$) "Resort area" means an area with facilities to accommodate the
needs and desires primarily of visitors, tourists and transient guests.
[(91)]($Q~ "Restaurant" means an establishment where food and drink are
prepared, served, and consumed primarily within the establishment, excluding bars, cocktail
lounges and night clubs.
[(92) "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
consumption 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.]
[(93)](QQ~ "Retail establishment" means an establishment which sells
commodities or goods to the consumer and may include display rooms and incidental
manufacturing of goods for retail sale on premises only. Typical retail establishments include
convenience stores, grocery and specialty food stores, general department stores, drug and
pharmaceutical stores,
hardware stores, pet shops, appliance and apparel stores, tour, travel
and ticket agencies and other similar retail activities. The term does not include open storage
yards for new or used building materials, yards for scrap, salvage operations for storage or
display of automobile parts, service stations, repair garages or veterinary clinics and hospitals.
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[(94)]~ "School" 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, elementary school,
intermediate school, high school, trade or vocational school, business school, college or a
combination of any of them.
[(95)](Q2~ "Self-storage facility" means a structure or structures, containing
individual locker compartments which allow individuals access to store possessions in these
compartments. Each locker or storage area is self-contained and can be secured.
[(96)]j2~1 "Single-family dwelling" means a building containing only one
dwelling unit.
[(97)]~ "Street" means aright-of--way for vehicle purposes and pedestrian
traffic, and the placement of utilities, or a private right-of-way for vehicular purposes, which
provides access to [building sites] L4S&.
[(98)]~ "Street frontage" means that portion of a [building site] 14I that has a
common line with a street right-of--way line. The street frontage is designated as the front
property line.
[(99)](Q¢) "Structure" means anything above existing grade constructed or
erected with a fixed location on the ground, or requiring a fixed location on the ground, or
attached to something having or requiring a fixed location on the ground. The term
"structure" includes the term "building".
[(100)]0 "Surveyor" means a person duly registered as a professional land
surveyor in the State.
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[(101)](2$ "Telecommunications antenna" means an antenna, tower and other
accessory structures for radio frequency (RF) transmissions intended for specific users who
must have special equipment for transmission and/or reception. Also included are
broadcasting facilities regulated by the Federal Communication Commission (FCC) under the
Code of Federal Regulations Par. 74, which includes low power television. Included are land-
mobile or two-way radio, and one-way radio paging service broadcasting. Also included are
independent receiving facilities which do not qualify as accessory uses. Not included are
portable, hand held and vehicular transceivers or radios; industrial, scientific and medical
equipment operating at frequencies designated for that purpose by the Federal Communications
Commission (FCC); marketed consumer products, such as microwave ovens, citizens band
radios, ham radios and remote control toys; and facilities for the receiving of these
transmissions, including individual radio and television appliances.
[(102)](1001 "Theater" means a facility which is used primarily for the
performing arts or for the viewing of motion picture films. Included are performing arts
centers, concert halls and other types of live theaters.
[(103)]!221 "Time share unit" means any dwelling unit or other accommodation,
which is owned, occupied or possessed, under an ownership and/or use agreement among
various persons for less than asixty-day period in any year for any occupant, and is regulated
under the provisions of chapter 514E, Hawaii Revised Statutes, as amended.
11001 "Transient vacation unit" means a dwelling unit which is furnished for
compensation to transient occupants for less than 30 days. other than a bed and breadfast
home.
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[(104)]0) "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.
[(105)](1021 "Wazehousing" means the storage of raw materials, finished
products, merchandise and/or other goods, within a building for subsequent delivery, transfer
and/or pick-up.
[(106)](1031 "Wholesaling and distribution" means the sale and/or distribution
of manufactured and/or processed products, merchandise or other goods in large quantities for
subsequent resale to retail establishments, and/or industrial, institutional and commercial
users.
[(107)](1Q4) "Yard" 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 [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:
(A) "Front yard" which is a yazd 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 parallel lines.
(B) "Rear yard" which is a yard lying between the rear lot line and a
line parallel thereto extended to intersect the side lot lines, which line runs through the point
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of a main building nearest the rear lot line. The depth of said yard is the distance between the
parallel lines.
(C) "Side yard" which is a yard lying between the front yard, the rear
yard, the side lot line and a line parallel thereto which runs through the point of the building
nearest to said lot line. The width of said yard is the distance between the parallel lines.
[(108)]0 "Zone" means a district as used in this chapter.
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Article 2. Administration and Enforcement.
Division 1. General Administration
Section 25-2-1. Duties of county officers.
(a) The building official shall enforce any provisions of this chapter relative to building
construction and occupancy.
(b) The director shall enforce all other provisions of this chapter pertaining to land use.
(c) All law enforcement officers of the County shall enforce all the provisions of this
chapter.
Section 25-2-2. Issuance of permits or licenses in conformance with chapter. All
departments, officials, and public employees authorized to issue permits or licenses shall
conform to the provisions of this chapter and no permit or license for any use, building, or other
purpose shall be issued where the license or permit would be in conflict with the provisions of
this chapter. Any permit or license, if issued in conflict with the provisions of this chapter, shall
be void.
Section 25-2-3. Review and acceptance of applications.
(a) Any application filed with the director or the commission, pursuant to this chapter,
including but not limited to a zoning amendment, vaziance, use permit, plan approval, ohana
dwelling permit, planned unit development permit, or cluster plan development permit, shall be
reviewed by the director for completeness within fifteen days from the date that the application
was filed by the applicant.
(b) During the fifteen day period, the director shall either determine that the application
is complete and accept the application as of the date that the application was filed by the
applicant or shall determine that the application is defective.
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(c) 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.
(d) Any application that is rejected as defective may be refiled together with a copy of
the deficiency notice and the required additional information. The resubmitted application shall
be accepted as complete as of the date of resubmission, provided that all required additional
information has been submitted.
(e) If the director fails to act upon any application within the fifteen day period, the
application shall be deemed complete and shall be [considered] accepted for review in
accordance with article 2 and aticle 4 of this chapter. as ap-plicable. as of the date that the
application was filed.
(f) The director shall publish, on a [bi-monthly] semi-monthly basis, a list of all
completed applications [accepted] films under this section in at least two newspapers of general
circulation in the county. Such list shall include the name of the property owner, tax ma-p kev
number(g, of the property- the land area and street name.
Section 25-2-4. Notice to property owners and lessees of record of pending
application.
(a) Whenever any application under this chapter requires notice to owners and lessees of
record [off interests [in properties within three hundred feet of the perimeter boundary] of the
surroundine properties [affected by the application, the];
such notice shall be served to the owners and lessees of record of all lots
of which any~ortion is within three hundred feet of an~point along the perimeter boundary of
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the property affected by the application if the subject property is located within the urban or rural
state land use district_ or
such notice shall be served to the owners and lessees of record of all lots
of which any~ortion is within one thousand feet of an~point along the perimeter boundar~f
the pro~rtv affected by the application if the subject property is located within the state
aericultural land use district. except that surrounding lots which aze classified in a state urban or
rural land use district shall be notified only if such lots are within three hundred feet of the
subject ~opertv.
The applicant shall first serve notice of the filing of the application on such owners and
lessees within [five working] ten calendaz 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] ten calendar days
after receiving notice from the director or the commission of the date of the proposed action or
heazing. Provided that. such second notice shall be served not less than ten days nrior to the date
of the proposed action or hearing,
(b) In determining the names and addresses of the affected owners and lessees of record,
as required by this section, the applicant shall utilize the data available from the real property tax
office [or from any other data base available to the public] as of a date within thirty_(301 davs of
the date on which the apl
lication was filed with the director. Provided. in cases where the
~plicant or where the director has received written notice of additional or subsequent owners or
lessees of record and has so informed the applicant. the applicant shall also provide the required
notice to such persons.
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(c) The notice to the affected property owners and lessees shall include the following
information:
(1) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the application and the proposed use of the property;
(4) The date on which the application was filed with the director or the
commission; and
(5) If the notice is for any proposed administrative action by the director or for
any public heazing 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 heazing will be held to
consider the application.
(d) Prior to the director's proposed administrative action or prior to the commission's
public heazing, 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,
declazation. or the like. The failure of a property owner or lessee to receive written notice, as
provided in this section, shall not invalidate any action by the director or proceeding by the
commission, provided that good faith efforts were made by the applicant to serve notice on the
affected property owner or lessee.
Section 25-2-5. Public hearing notices.
(a) Whenever published notice is required under this chapter prior to any commission
public heazing, except for any action initiated by the director, the commission shall publish
notice of the heazing in at least two newspapers of general circulation in the county, at least ten
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days prior to the date of the public heazing, unless a longer time period is required by either
statute or charter provision, in which case, the notice period provided by statute or charter
provision shall apply. The notice shall specify the time, date and place of the heazing, its purpose
and a description of the property involved.
(b) The commission may publish consolidated notices of any public heazings to be held
on the same date; provided that the consolidated notices state specific information regarding the
time, date and place, the purpose and a description of the property involved in each matter.
Section 25-2-6. Waiting period after denial of application. Whenever an application for an
amendment to this chapter, or for a vaziance from this chapter, or for any other permit authorized
under this chapter has been denied, no new application for the same relief, action or use covering
all or any portion of the property involved in the original application shall be accepted by the
director or the commission for a period of one year from the effective date of the final denial of
the original application; provided, however, that upon a showing of a substantial change of
circumstances, the director or commission may permit the filing of a new application prior to the
expiration of the one yeaz period. Nothing contained in this section shall prevent the council or
the director from initiating any proceedings at any time under this chapter.
[Section 25-2-7. Utilization of approvals within two years. Whenever any permit or
approval issued under this chapter, not otherwise conditioned, has not been utilized within a
period of two years from the date of the written permit or approval, the director shall initiate
proceedings to invalidate the permit or approval. The proceeding to invalidate the permit or
approval shall require written notice to the owner or person who has been issued the permit or
approval prior to either the director or the commission taking action to invalidate the permit or
approval. In the event that an appeal is filed regazding any permit or approval issued under this
ZONING CODE REVISION
28 DRAFT 2-9/96
chapter, the two yeaz period provided for under this section shall not commence to run until a
final decision is rendered in the appeal.]
Section [25-2-8] 25-2-7. Effect of changing districts on prior approvals. Every
administrative action for any given lot 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 [25-2-9] Applications including lesser actions; concurrent
applications.
(a) An application for any administrative action, meaning any action requiring approval
of only the director and not the commission, may include a request for a lesser action without
payment of any additional filing fee provided that any notice of any required hearing shall
contain information relating to the total requested or contemplated action.
(b) Two or more applications involving the same [property] 141 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 sepazately by the commission.
(c) An action to amend this chapter may be considered concurrently with other
administrative and commission actions, but an application to amend this chapter must be filed
independently of other applications for administrative or commission action, and any decision on
an application for an amendment to this chapter shall be issued sepazately from decisions on
other administrative or commission requests.
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Section [25-2-10] 25-2-9. Privileges granted run with land. All amendments to this
chapter and all permits and approvals issued under this chapter shall apply to the applicable land,
building, development, or use and shall not be granted if the action sought would not be equally
acceptable under a variety of owners, and such privileges granted shall run with the land and
shall not reside in any particulaz owner or occupant of any premises.
Section [25-2-11] 25-2-10. Waiver of requirements in consolidation and
resubdivision. If the director finds that the public welfare and safety will not be violated, the
director may waive portions or all of the requirements and standards of this chapter for
consolidation and resubdivision action resulting in the creation of the same or less number of lots
than that which existed prior to the consolidation or resubdivision action; provided, that prior to
the granting of any waiver, the director shall confer with the chief engineer and the manager of
the department of water supply and other applicable government agencies.
Division 2. Appeals.
Section 25-2-20. Persons who may appeal; procedure.
(a) Any person aggrieved by the decision of the director or the commission in the
administration or application of this chapter, except for decisions regazding vaziance
applications, may, within thirty days after the date of the director or commission's written
decision, appeal the decision to the board of appeals.
(b) Any person aggrieved by the decision of the director or the commission regazding a
vaziance application, may appeal such decision in accordance with the provisions of sections
25-2-55 through 25-2-57 of this chapter.
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(c) An appeal shall be in writing, in the form prescribed by the board of appeals, and
shall specify the person's interest in the subject matter of the appeal and the grounds of the
appeal. Any such appeal shall be accompanied by a filing fee of $250.00.
Section 25-2-21. Performance of permit conditions pending appeal.. Whenever any
appeal is filed after a permit or approval has been issued and the permit or approval contains
conditions requiring performance within specified time periods, the time for performance of any
such conditions shall not commence until after a final decision is rendered in the appeal.
Section 25-2-22. Conduct of appeal hearing; costs. In any appeal, a full heazing 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 board of appeals. Copies of such verbatim record of any hearing may be
ordered by any pazty, with the cost thereof to be paid by the pazty ordering such copy or copies.
Section 25-2-23. Standard of review. The board 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.
Section 25-2-24. Adoption of rules. The board of appeals shall adopt rules pursuant to
chapter 91, Hawaii Revised Statutes, necessary for the implementation of the provisions
regarding appeals.
Division 3. Violations, Penalties, Enforcement
Section 25-2-30. Violations. Any approval or permit issued pursuant to the provisions
of this chapter shall comply with all applicable requirements of this chapter. Failure to comply
with conditions imposed as part of any approval or permit, including vaziances from the
provisions of this chapter, shall constitute a violation of this chapter.
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Section 25-2-31. Criminal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or causing
or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation,
and upon conviction thereof shall be sentenced as follows:
(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior
conviction for violation of this chapter, by a fine of not less than $500 but not exceeding $1,000.
(b) After a conviction for a first violation under this chapter, each fiirther day of violation
shall constitute a separate offense if the violation is a continuance of the subject of the first
conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the
Hawaii Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes.
(d) Any authorized personnel may issue a summons or citation to an alleged violator in
accordance with the procedure specified in this section. Nothing in this section shall be
construed as barring such authorized personnel from initiating prosecution by penal summons, by
complaint, by warrantor 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
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prescribed by the administrative judge of the district court and shall be printed on a form
commensurate with the form of other summonses or citations used in modern methods of arrest,
so designed to include all necessary information to make the same valid under the laws and
regulations of the State of 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 cazbon 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 cazbon copy shall beaz the
number of its respective original.
Section 25-2-32. Right of entry for authorized personnel. When it is necessary to
make an inspection to enforce the provisions of this chapter, or when the authorized personnel
has reasonable cause to believe that there exists upon a building or upon a premises of a
[building site] ~ a condition which is contrary to or in violation of this chapter which makes the
building or premises of the [building site] unsafe, dangerous or hazazdous, the authorized
personnel may enter the building or premises of the [building site] 111 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.
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Section 25-2-33. Limited liability of authorized personnel. The authorized personnel
chazged 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 the County
until final termination of such proceedings, and any judgment resulting therefrom shall be
assumed by the County.
Section 25-2-34. Injunctive action. The County may maintain an action for an
injunction to restrain any violation of the provisions of this chapter and may take any other
lawful action to prevent or remedy any violation.
Section 25-2-35. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections 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;
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(4) Nature of the violation; and
(5) Location and time of the violation.
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the person's own expense before a date specified in
the order;
(3) Pay a civil fine not to exceed $500 in the manner, at the place and before the
date specified in the order;
(4) Pay a civil fine not to exceed $500 per day for each day in which the violation
persists, in the manner and at the time and place specified in the order.
(d) The order shall advise the person that the order shall become final thirty days after
the date of its personal service unless the director's decision is appealed to the board of appeals
within the thirty-day period.
(e) The provisions of the order issued by the director under this section shall become
final thirty days after the 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 board of appeals as
provided by section 5-6.3 of the County charter and sections 25-2-20 through 25-2-24 of this
chapter. An appeal to the board of appeals shall stay the provisions of the director's order
pending the final decision of the board of appeals.
(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
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instituted to enforce the civil fine imposed by said order, the director need only show that the
notice of violation and order were served, that a civil fine was imposed, the amount of the civil
fine imposed and that the fine imposed has not been paid.
(h) Annually, on September 1, the director shall file with the bureau of conveyances, liens
on all properties which have been the subject of fines levied under this section, which remain
unpaid for one year or more after final adjudication and the expiration of the time for any further
appeal.
(i) Fines, assessed under this section shall constitute a lien upon the subject property upon
the filing of said lien with the bureau of conveyances. This lien shall be considered for purposes
of authority, to be the equivalent of liens which arise pursuant to the provisions of chapter 19 of
this Code.
Section 25-2-36. Remedies cumulative. The remedies provided in this chapter shall be
cumulative and not exclusive.
Division 4. Amendments
Section 25-2-40. When 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 25-2-41. Who initiates amendment. An amendment may be submitted by the
council, the director, er the owner of the property, or any other person with the property owner's
authorized consent.
ZONING CODE REVISION
36 DRAFT 2-9/98
Section 25-2-42. Amendments initiated by property owners and other persons.
(a) An application for a change of zoning district by a property owner, or any other
person with the property owner's consent, shall be on a form prescribed by the director and shall
be accompanied by:
(1) A filing and processing fee of $500.00 plus $25 per lot or unit proposed by
the amendment.
(2) A description of the property in sufficient detail to determine its precise
location.
(3) A plot plan of the property, drawn to scale with all existing and proposed
structures shown thereon, and any other information necessary to a proper determination relative
to the specific request.
(4) A metes and bounds description of the property prepared by a e ifi d
surveyor.
(5) A list of the names, addresses and tax map key numbers for those property
owners and lessees of record who aze situated pursuant to Section 25-2-4 [within a three hundred
foot radius] of the property proposed to be rezoned.
(6) A county environmental report. A county environmental report shall not be
required for any amendment where either an environmental impact statement or an
environmental assessment and negative declaration have been prepazed and issued in compliance
with chapter 343, Hawaii Revised Statutes.
(7) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
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(b) Within five working days after filing an application for a change of zone, the
applicant shall serve notice of the application, as provided by Section 25-2-4 of this chapter[, on
owners and lessees of record of interests in properties within three hundred feet of the perimeter
boundary of the property proposed for the change of zone].
(c) In considering an amendment initiated by a property owner or other person which
proposes to change the district classification of any property, the director shall consider the
purposes of the existing and proposed district and the purposes of this chapter and shall
recommend a change in a district boundary only where it would result in a more appropriate land
use pattern that will further the public necessity and convenience and the general welfare, and be
consistent with the goals, policies and standazds of the general plan.
(1) The director shall recommend either the approval or denial of the proposed
amendment to the commission subject to conditions which would further the intent of this
chapter and the general plan and other related ordinances.
(2) The director shall make the recommendation within one hundred twenty days
after an application has been accepted by the director.
(3) If the director fails to make a recommendation on the proposed amendment
within the one hundred twenty day period, the application shall be forwarded to the commission
without any recommendation from the director, and the director's failure to act shall be
considered [an unfavorable] a favorable recommendation on the application.
(d) The commission shall review any application initiated by a property owner or other
person for a change of zone and shall forward its recommendation on the application to the
council through the mayor for the council's consideration and action.
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(1) In reviewing the application, the commission shall hold at least one public
hearing and shall provide reasonable notice of the date of the hearing to the applicant. The
commission shall also provide notice by publication of the heazing, as provided in this chapter.
(2) Within five working days after receiving notice of the date of the public
hearing, the applicant shall serve notice of the hearing, as provided by Section 25-2-4 of this
chapter[, on owners and lessees of record of interests in properties within three hundred feet of
the perimeter boundary of the property proposed 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 proposed amendment.
(3) Within ninety days after receipt of the application from the director, unless a
longer period is agreed to by the applicant, the commission shall transmit the proposed change of
zone ordinance together with its recommendations thereon through the mayor to the council.
The commission shall recommend approval in whole or in part, with or without modifications, or
rejection of such application. In the event that the commission fails to act on the application
within the ninety-day period, the application shall be considered [to have been rejected] ~
unfavorable recommendation by the commission, and the application shall be transmitted
through the mayor to the council with such recommendation.
Section 25-2-43. Amendments initiated by the council and director.
(a) Director-initiated amendments. Any amendment initiated by the director shall be
reviewed by the [planning] commission.
(1) Upon receipt of a proposed amendment from the director, the [planning]
commission shall hold at least one public heazing. Notice of such heazing shall be given as
required by state law.
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(2) Within a reasonable time after the conclusion of the public heazing, 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.
(b) Council-initiated amendments. Prior to the first reading of any proposed council-
initiated amendment to the zoning code, the council shall refer the proposed amendment to the
director and the [planning] commission with requests for their respective comments and
recommendations to be received by the council within a one hundred twenty-day review period
from the date of the council's transmittal thereto.
(1) The director shall submit its comments and any recommendations to both the
commission and the council within the prescribed review period.
(2) The [planning] commission shall hold at least one public heazing on the
proposed amendment and file a report of its findings to the council within the prescribed review
period. Notice of such heazing shall be given as required by state law.
(3) Afrer the one hundred twenty-day review period has expired, the council
may proceed to act on such proposed amendment as it deems appropriate.
(c) Any amendment initiated by the director shall be submitted to the commission
together with the director's justification and recommendation on the amendment.
(d) Upon receipt of a proposed amendment from the director, the commission shall hold
at least one public heazing.
(e) Notice by mail to owners and lessees of record of properties [within three hundred
feet of the property affected] prescribed in Section 25-2-4 of this chanter. shall not be required
for any amendment initiated by the council or the director; provided, that notice to owners of
[all] ~ properties specifically subject to the proposed amendment shall be provided by mail by
40 ZONING CODE REVISION
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the director, no later than thirty days prior to the public hearing being held on the amendment by
the commission. In lieu of mailing written notice to neighboring property owners and
lessees of record, the director shall publish notice of the public hearing in at least two
newspapers of general circulation in the county, once a week for three consecutive weeks,
with the last notice to be at least ten days prior to the hearing. The notice shall specify the
time, date and place of the hearing, its purpose and a description of any property which may be
involved.
(f) Within sixty 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.
(a) [The] Within an ordinance for a change of zone, the council may impose conditions
on the anrolicant's use of the property subject to the change of zone provided that the council
finds that the conditions are:
(1) necessary to prevent circumstances which may be adverse to the public
health, safety and welfaze; or
(2) reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
41 ZONING CODE REVISION
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(A) Protection of the public from the potentially deleterious effects of the
proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
(b) Changes or alterations of conditions of the change of zone ordinance 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 any
change or alteration of conditions shall be submitted in writing to the director, in lieu of the
application required for an applicant initiated change of zone. The request shall be accompanied
by a filing fee of $250.
(c) [Failure to fulfill any conditions of the zone change within the specified time
limitations, or any 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.] The director shall monitor and enforce requirements
imposed as conditions pursuant to subsection (~l or (~l above. and shall advise the council of an
applicant's or owner's failure to comply with any such requirement. The council shall then
review the subject ordinance and may direct the director to initate rezoning of the subject
p.FQperty back to its original zoning district or a more ap~ronriate zoning distirct in accordance
with Section 25-2-43 of this chanter or with the county charter.
Section 25-2-45. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change. A
nonsignificant zoning change must comply with the designations for the property set forth in the
42 ZONING CODE REVISION
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general plan and ~ development plan adopted by ordinance, [designations for the property] and
must either:
(1) not result in a net increase in the density [of the zoning designation of]
allowed in the zoning district(~l containing the affected azea; or
(2) be the lesser of [(i) an] a five percent or one acre increase or decrease in 1>~
azea of any zoning i i [designation which is either not more than five percent; or (ii) one
acre of any parcel of land].
[(b) The director shall adopt rules in accordance with chapter 91, Hawaii Revised
Statutes, to carry out the provisions of this section.]
Division 5. Variances
Section 25-2-50. Variances permitted. Variances from the provisions of this chapter
may be granted; provided that a variance shall not allow the introduction of a use not otherwise
permitted within the district; and provided further that a variance shall not primarily effectuate
relief from applicable density limitations.
Section 25-2-51. Grounds for variance. A variance may only be granted 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
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(c) The vaziance is consistent with the general purpose of the district, the intent and
purpose of this chapter, and the general plan, and will not be materially detrimental to the public
welfare or cause substantial, adverse impact to an azea's character or to adjoining properties.
Section 25-2-52. Application for variance; requirements. Application for a vaziance
shall be on a form prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of $250;
(2) A description of the property in sufficient detail to determine the precise
location of the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed
structures shown thereon;
(4) A list of the names and addresses of all owners and lessee of record of
property interests in property [within three hundred feet of the perimeter boundazy of the
property] as nrescribed in Section 24-2-4 of this chapter- for which the vaziance is sought; and
(5) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
Section 25-2-53. Notice of action on variance application.
(a) Upon acceptance of a vaziance application, the director shall fix a date for the
director's action on the application. Within five working days after receiving notice of such date,
the applicant shall serve notice of the application[,] in accordance with Section 25-2-4 of this
chapter[, on owners and lessees of record of interests in properties within three hundred feet of
the perimeter boundary of the property for which the vaziance is sought, and to owners and
lessees of record of interests in other properties which the director may find to be directly
affected by the variance sought].
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(b) 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 25-2-54. Actions by director on variance.
(a) The director shall, within sixty days after acceptance of a variance application, deny
the application or approve it subject to conditions.
(b) The conditions imposed by the director shall beaz a reasonable relationship to the
variance granted. All actions shall contain a statement of the factual findings supporting the
decision.
(c) If the director fails to act within the prescribed period, the application shall be
considered as having been denied, and the director shall immediately inform the applicant of
such denial.
Section 25-2-55. Review of director's action by non-applicant.
(a) If the director grants a variance over the timely written objection submitted by an
interested party, the interested pazty may request the commission's review of the director's action.
For purpose of this section, an "interested pazty" means a person who (1) has a property interest
in the subject property; or (2) owns property [within three hundred feet of the subject property]
nursuant to Section 25-2-4 of this chanter; or (3) can otherwise demonstrate to the satisfaction of
the commission that such person will be so directly and immediately affected by the proposed
vaziance that the person's interest in the action is cleazly distinguishable from that of the general
public. The request by an interested party must be made in writing within ten working days after
notice of the director's decision, and shall contain a statement of the grounds of the objection.
The request shall be accompanied by anon-refundable filing fee of $250.
45 ZONING CODE REVISION
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(b) The commission shall accept a request for review of the director's action only if the
request is submitted in writing by an interested party within the time period prescribed by
subsection (a) above. The commission shall consider the request at a regularly scheduled meeting
of the commission, at which time the applicant and the person who requested such review shall
have an opportunity to be heazd.
Within forty-five days after the receipt of a request for review, the commission shall
determine either that the director granted the variance properly or that sufficient cause exists for a
public heazing 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.
(c) If the commission determines that a public hearing is necessary, it shall promptly
schedule the public heazing at which time the applicant, any interested party, and members of the
general public shall have the opportunity to be heard on the application. The commission shall
not hold a contested case hearing, as defined in chapter 91, Hawaii Revised Statutes, on any
vaziance application.
(d) Within five working days after receiving notice of the date of the public hearing, the
interested party shall serve notice of the hearing, in accordance with the provisions of this
chapter, on the applicant and on owners and lessees of record of interests prescribed in Section
25-2-4 of this chanter [in properties within three hundred feet of the perimeter boundary of the
affected property] and on owners and lessees of record of interests in other properties which the
commission may find to be directly affected by the vaziance sought.
(e) The commission shall provide notice by publication of the public hearing in
accordance with the provisions of this chapter.
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(f) Within ninety 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 commission shall either deny the variance
application or approve it subject to conditions, stating the factual findings supporting the
vaziance denial or approval.
If the commission fails to render a decision within the prescribed time, the
director's action shall be considered as having been affirmed.
Section 25-2-56. Appeal of director's action by applicant.
(a) If the director denies a vaziance 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 appeal by an applicant to the commission shall be submitted in writing to the
commission on a form prescribed by the commission and shall be accompanied by:
(1) Anon-refundable filing fee of $250; and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) The commission shall provide notice by publication of the public hearing in
accordance with the provisions of this chapter.
(d) The commission shall provide written notice of the public heazing, at least ten days
prior to the hearing, to persons who had submitted timely objections to the variance application
before the director's action.
(e) The commission shall conduct a public heazing within a period of sixty days from the
date the written appeal is accepted by the commission, unless that period is waived by the
applicant. The commission shall not hold a contested case hearing, as defined under chapter 91,
Hawaii Revised Statutes, on any variance application.
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(f) Within ninety days after acceptance of an applicant's vaziance 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.
(g) 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 25-2-51 of this article.
(h) A decision to affirm, modify, or reverse the director's action shall require a majority
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 affirned.
Section 25-2-57. Further appeal rights.
All actions of the commission aze final except that, within thirty days after the date of the
written decision, any person aggrieved by the decision of the commission, may appeal such
action to the boazd of appeals in accordance with its rules.
Division 6. Use Permits
Section 25-2-60. Purpose. Use permits aze permits for certain permitted uses in zoning
districts which require special attention to insure that the uses will neither unduly burden public
agencies to provide public services nor cause substantial adverse impacts upon the surrounding
community.
Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be permitted within designated county zoning districts only
if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Cemeteries, crematoriums and mausoleums in all districts.
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(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, ML- RA, anti A[, and IA]
districts; provided that a minimum lot azea often thousand squaze feet is required within the RS,
RD, RM, and RA districts.
(4) Day care facilities in RS, RD, RM, [RCX,] RA, ~A[, and IA], districts,
provided that a minimum lot azea of ten thousand squaze feet shall be required within the RS,
RD, RM, RCX and RA districts.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and
other similaz uses devoted to the caze or treatment of the aged, the sick, or the infirm in the RS,
RD, RM, RCX, RA, A, [IA,] and V, districts, provided that a minimum lot azea often thousand
square 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.
(7) Mortuaries in RS, RD, RM, RCX, RA and A districts.
(8) Schools in RS, RD, RM, [RCX,] RA and A, districts, provided that a
minimum lot area of 10,000 square feet shall be required within the RS, RD, RM, [RCX] and RA
districts.
(9) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and O districts.
[(10) Other unusual and reasonable uses which are 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
49 ZONING CODE REVISION
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considered a legal use of the affected parcel and may be expanded or enlazged without obtaining
another use permit provided such expansion, enlargement or addition is in full compliance with
this chapter and the applicable district regulations.
(c) A use permit shall not be required for any use described in subsection (a) above, if a
special permit is obtained for that use, pursuant to section 205-6, Hawaii Revised Statutes.
Section 25-2-62. Application for use permit; requirements.
(a) An application for a use pennit shall be made to the commission, in accordance with
its rules, on a form prescribed by the commission.
(b) The application shall be accompanied by:
(1) A filing fee of $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 names, addresses and tax map key numbers for those property
owners and lessees of record [who aze situated within a three hundred foot radius of the
perimeter boundary of the property] for properties prescribed in section 25-2-4 of this cha1L for
which the use permit is sought; and
(5) A written description of the proposed use and a statement of objectives and
reasons for the request, including an analysis of how the request satisfies each of the standazds
contained in section 25-2-65.
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Section 25-2-63. Procedure for use permit.
(a) Upon acceptance of a use permit application, the commission shall fix a date for a
public heazing. The public heazing shall be commenced no later than sixty days after the
acceptance of a use permit application by the director. A contested case, as defined in chapter
91, Hawaii Revised Statutes, shall not be held by the commission for any use permit application.
(b) Within five working days after filing a use permit application, the applicant shall
serve notice of the application, in accordance with the requirements of this chapter, on the
owners and lessees of record of interests in properties [within three hundred feet of the perimeter
boundary of the property] prescribed in section 25-4-2 of this chanter for which the use permit is
sought. In addition, within five working days after receiving notice of the date of the public
hearing, the applicant shall serve notice of the hearing, in accordance with the requirements of
this chapter, on owners and lessees of record of interests in properties prescribe in section 25-2-4
of this chanter [within three hundred feet of the perimeter boundary of the affected property] and
on owners and lessees of record of interests in other properties which the commission may find
to be directly affected by the use permit sought.
(c) Prior to the public heazing, the commission shall publish notice of the public heazing
in accordance with the requirements of this chapter.
Section 25-2-64. Action on use permit.
(a) Within ninety days after acceptance of a use permit application, the commission shall
either deny or approve the application.
(b) In approving any use permit application, the commission may issue the approval
subject to conditions, including hours of daily operation and terms of the use permit. The
conditions imposed by the commission shall bear a reasonable relationship to the use permit
5I ZONING CODE REVISION
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granted, and shall be accompanied by a statement of the factual findings supporting the approval
and the conditions imposed.
(c) If the commission fails to render a decision within the prescribed period, the
application shall be considered as being approved.
(d) Concurrent requests may be acted upon by the commission in conjunction with a use
permit application.
Section 25-2-65. Criteria for granting a use permit.
A use permit shall be granted by the commission upon finding that:
(1) The granting of the proposed use [will] shall be consistent with the general
purpose of the zoning district, the intent and purpose of this chapter, and the general plan;
(2) The granting of the proposed use [will] shall not be materially detrimental to
the public welfare nor cause substantial, adverse impact to the community's character or to
surrounding properties; and
(3) The granting of the proposed use [will] shill 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.
Within thirty days after the date of the commission's written decision, any person
aggrieved by the decision may appeal the commission's action to the board of appeals in
accordance with its rules.
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Section 25-2-67. Revocation of a use permit.
(a) A use permit shall be revoked by the commission at the request of any property
owner who holds the use permit sought to be revoked or at the request of any other person with
the property owner's consent upon the submission of a written statement to the commission
verifying that the use approved under the use permit issued has either not been established or has
been abandoned.
(b) The commission may revoke any use permit upon request of the director i£
(1) There have been continual violations of the use permit; or
(2) The use authorized under the use permit is creating a threat to the health or
safety of the community; or
(3) The use authorized under the use permit has been abandoned for a continuous
period of two yeazs.
(c) The proceeding to revoke a use permit, upon request 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 action to revoke the permit.
(d) A property owner or other person affected by the proposed revocation of a use permit
ordered by the commission, may, within thirty days after the mailing of the commission's order,
appeal the commission's action to the boazd of appeals as provided by section 5-6.3 of the
County charter and sections 25-2-20 through 25-2-24 of this chapter. An appeal to the board of
appeals shall stay the provisions of the commission's revocation order pending the final decision
of the boazd of appeals.
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Division 7. Plan Approval
Section 25-2-70. Purpose. Plan approval provides a method of allowing closer
inspection of certain development and inspection of all development in certain districts in order
to ensure conformance with the general plan, to assure that the intent and purpose of this chapter
are carried out, and to ensure pertinent conditions of previous approvals related to the
development have been implemented.
Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of any new
structure or development or any addition to an existing structure or development in all districts
except in the RS, RA, A and IA districts.
(b) Plan approval shall be required in all districts prior to the change of the following
uses in existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction or
establishment of the following improvements and uses:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Home occupations, as permitted under section 25-4-13.
(3) Public uses, structures and buildings and community buildings, as permitted
under section 25-4-11.
(4) Telecommunication antennas and towers, as permitted under
section 25-4-12.
(5) Temporary real estate offices and model homes, as permitted under
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54 DRnFr z-siss
section 25-4-8.
(6) Utility substations, as authorized under section 25-4-11.
(d) Plan approval shall be required in the A and IA districts prior to the construction or
installation of any new structure or development, or any change in use. or of any addition to an
existing structure or development which is to be used for major or minor agricultural products
processing.
(e) 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.
Section 25-2-72. Application for plan approval; requirements.
(a) An application for plan approval shall be on a form approved for such purpose by the
director and shall be accompanied by:
(1) A site plan, drawn to scale and fully dimensioned indicating clearly the
following information:
(A) The location and dimension of the [building site] lot;
(B) The location, size, height, and use of all existing and proposed
structures;
(C) All yazds and open spaces;
(D) Location, height, and material of all fences and walls;
(E) 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;
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55 DRAFT 2-9/96
(F) The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
(G) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
(2) Any other information required by rules adopted by the director in
accordance with chapter 91, 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 application for plan approval for a bed and breakfast establishment shall
contain the following information:
(1) The designation of each proposed bed and breakfast guest bedroom on the site
plan;
(2) A copy of the operator's current transient accommodations tax license and
general excise tax license;
(3) Documentation to verify that the bed and breakfast establishment complies
with all applicable requirements of the state department of health; and
(4) Documentation to verify that the bed and breakfast establishment complies
with all of the accessibility requirements under the Americans with Disabilities Act (ADA).
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, anapplication for plan approval for a telecommunication antenna or tower shall contain the
following information:
(1) A plot plan showing the location of the proposed antenna or tower;
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56 ORnFr z-sirs
(2) A statement from the Federal Aviation Administration that the application has
not been found to be a hazazd to air navigation; and
(3) A statement from the Federal Communications Commission that the
application complies with the regulations of the Commission or a statement that no such
compliance is necessary.
Section 25-2-75. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the proposal
which, in the director's opinion, aze necessary to carry out and further the purposes of this chapter
and the considerations contained in section 25-2-76.
[(c)]~,1 The director may only issue plan approval for a bed and breakfast 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)](~,1 The director may only issue plan approval for a telecommunication antenna or
tower if the proposed use meets all of the conditions contained in sections 25-2-76 and 25-4-12,
and if the applicant provides all verification required under section 25-2-74.
[(e)]~ The director may only issue plan approval for a home occupation if the proposed
use meets all of the conditions in sections 25-2-76 and 25-4-13.
[(f)](~,1 The director may only issue plan approval for a temporary model home or real
estate office if the proposed use meets all of the conditions in section 25-2-76 and 25-4-8.
[(g)](#~ If the director fails to render a decision on a plan approval application within the
prescribed period, the application shall be considered approved without further certification by
the director.
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Section 25-2-76. Review criteria and conditions of approval.
(a) In reviewing a plan approval application, the director shall consider the proposed
structure, development or use in relation to the surrounding property, improvements, streets,
traffic, community chazacteristics, natural features, and may require conditions or changes to
assure:
(1) Adequate light and air, and proper siting and arrangements of all structures
and improvements;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the structure,
development or use and its surroundings;
(4) Unsightly azeas aze properly screened or eliminated;
(5) Adequate off-street parking is provided to serve the structure, development or
use, regardless of the otherwise minimum requirements of this chapter;
(6) Access to the parking areas will not create potential accident hazards; and
(7) Within reasonable limits, any natural and man-made features of community
value are preserved;
(81 Minimal noise_ dust and odor impacts.
(b) The director shall require any conditions or changes in the proposal which, in the
director's opinion, are necessary to carry out the purposes of this chapter and the considerations
contained in subsection (a) above.
Section 25-2-77. Construction in conformity with plan approval. Every structure,
development and change of use for which plan approval is issued shall be constructed and
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developed in accordance with the terms, specifications and conditions contained in the plan
approval permit.
Section 25-2-78. Appeal of a plan approval decision.
Any person aggrieved by the decision of the director in the issuance of a plan approval
decision may appeal the director's action to the board of appeals, in accordance with its rules,
within thirty days after date of the director's written decision.
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Article 3. Establishment of Zoning Districts
Section 25-3-1. Designation of districts.
(a) The zoning districts of the County shall consist of the following districts:
(1) RS, single-family residential districts (article 5, division 1).
(2) RD, double-family residential districts (article 5, division 2)
(3) RM, multiple-family residential districts (article 5, division 3).
(4) RCX, residential commercial mixed districts (article 5, division 4).
(5) RA, residential and agricultural districts (article 5, division 5).
(6) A, agricultural districts (article 5, division 6).
(7) IA, intensive agricultural districts (article 5, division 7).
(8) V, resort-hotel districts (article 5, division 8).
(9) CN, neighborhood commercial districts (article 5, division 9).
(10) CG, general commercial districts (article 5, division 10).
(11) CV, village commercial districts (article 5, division 11).
(12) MCX, industrial commercial mixed districts (article 5, division 12).
(13) ML, limited industrial districts (article 5, division 13).
(14) MG, general industrial districts (article 5, division 14).
(15) O, open districts (article 5, division 15).
(16) Special districts (article 7).
(b) Any [building site] 14S within the commercial office (Co) district as of the date of
the adoption of this section, shall automatically be redesignated as a general commercial (CG)
district, with the same minimum land area required for each [building site] iQl, and any
[building site] 141 within the unplanned (U) district as of the date of the adoption of this
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60 DRAFT 2-9/96
section, shall automatically be redesignated as an agricultural (A) district with a minimum lot
size of five acres (A-Sa). Any [building site] within a combining district, which combines
a safety (S) district or a safety, flood hazard (SF) district with another zoning district, as of the
date of the adoption of this section, shall be redesignated so that the safety [ore] ~ safety,
flood hazard district designation, whichever is applicable, is removed as a zoning district
designation for the [building site] 145. The redesignation provided for under this subsection
shall occur immediately upon 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 map to be corrected
to reflect the redesignation described in this subsection.
Section 25-3-2. Designation of special districts. The special zoning districts of the
County shall consist of the following:
(1) Kailua Village design commission (article 7, division 1).
(2) CDH, Downtown Hilo commercial district (article 7, division 2).
(3) Geothermal subzone districts (article 7, division 3).
(4) Special districts (article 6, division 4).
Section 25-3-3. Method and effect of establishment of districts.
(a) Any of the districts listed in sections 25-3-1 and 25-3-2 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.
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61 DRAFT 2-9196
(b) The zone maps in article 8 of this chapter, adopted by ordinance numbers 74
(1967), 109 (1967), 110 (1967), 111 (1967), 187 (1968), and 190 (1969), and any amendments
to these maps by ordinance shall constitute the zoning map of the County. An up-to-date copy
of the zoning map shall be kept for public display in the office of the director.
(c) The zoning map and all notations, references, data and other information shown
thereon are incorporated by reference and made a part of this chapter. The adoption of or the
change in the boundary of any district shall be by ordinance and shall constitute an amendment
to this chapter; provided, that non-significant changes to the boundary of any district may be
administratively approved by the director as provided under section 25-2-45.
(d) The contents of an ordinance or any portion thereof concerning the adoption of or
a change in the boundary of any district need not be set out in full in any codification or
recodification of, or supplementation to this chapter so long as a summary of the ordinance is
included in this chapter or in an appropriate annex to this chapter. The summary which shall
be maintained and updated by the director shall include at a minimum the following
information:
(1) Ordinance number and effective date;
(2) General location of land affected or tax map key:
(3) Original district designation; and
(4) Final district designation.
Section 25-3-4. Establishment of building lines, future width lines and plan lines
for future streets. Building lines, future width lines and plan lines for future streets may be
established and shown on any section of the zoning map as provided in sections 25-3- 3 and
25-8-1 of this chapter.
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Section 25-3-5. Application of district regulations.
(a) The provisions of this chapter for each district shall apply uniformly to each class
or kind of structure or land within the district, except as provided in this chapter.
(b) Any building, structure, or land used or occupied after May 24, 1967 and any
building or structure erected, constructed, reconstructed, moved or structurally altered after
May 24, 1967 shall comply with all of the regulations specified in this chapter for the district
in which such structure, land or premises is located.
(c) Any building or other structure erected or altered after May 24, 1967 shall not:
(1) Exceed the height;
(2) Accommodate or house a greater number of families;
(3) Occupy a greater percentage of lot azea, if provided by the zoning district;
(4) Have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein permitted; or
(5) In any other manner be contrary to the provisions of this chapter.
(d) No portion of a yard, other open space, off-street parking, or loading space
required about or in connection with any building for the purpose of complying with this
chapter, shall be included as part of a yard, open space, off-street parking, or loading space
similarly required for any other building.
(e) Any yard or lot existing as of September 11, 1966, shall not be reduced in
dimension or area below the minimum requirements set forth in this chapter. Any yard or lot
created after May 24, 1967, shall meet at least the minirnum requirements established by this
chapter.
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Section 25-3-6. Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of any of the districts as shown on the
zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets,
highways, or alleys shall be construed to follow the center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be
construed as following the lot lines;
(3) Boundaries indicated as approximately following city limits shall be
construed as following city limits;
(4) Boundaries indicated as following the shoreline shall be construed to follow
high water lines, and in the event of change in the shoreline shall be construed as moving with
the actual 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 25-3-7. District classification of streets. Unless otherwise designated in this
chapter, the area of any street, right-of--way or easement is considered to be and shall be
64 ZONING CODE REVISION
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classified within the immediately adjacent district and if there be more than one district then
each shall extend to the center of the street, right-of-way or easement.
Section 25-3-8. Legal effect of establishment of building lines, future width lines,
and plan lines.
(a) Whenever a building line is established along any street on the zoning map, the
minimum front yard for any affected property shall be equal to the distance between the street
and the established building line.
(b) Whenever a future width line is established on the zoning map, the future width
line shall be considered to be the front property line of the affected property. The area between
the future width line and the street (if outside the right-of--way) shall be deemed to be the street
right-of--way, and cannot be considered in computing the minimum yard required on any
[building site] L~t•
(c) Whenever plan lines for a future street have been established on the zoning map,
the plan lines shall be considered to be the front property line, and the area between the plan
lines shall be deemed to be street right-of-way. The minimum required area and the minimum
required yards of any building site shall be computed excluding any area within plan lines for
future streets established on the zoning map.
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65 DRAFT s-siss
Article 4 General Development Regulations
Division 1. Use Regulations
Section 25-4-1. Existing buildings. Construction on any building upon 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 25-4-2. Conditions for construction of buildings designed for hmnan
occupancy.
(a) On any [building site] ]QS, no building designed or intended for human occupancy
shall be constructed and no permit therefor shall be issued unless:
(1) The [building site] 14t is served by [either a publicly] a county water system
or privately owned and operated water system, or other private. individual means of
providing water to the [building site] 14S is demonstrated to the satisfaction of the director in
consultation with the department of water sunnly; and
(2) A wastewater treatment system for the proposed building has been approved
by the state department of health.
(b) On any [building site] 191 in any subdivision approved by the director under
chapter 23 [(subdivisions)] of this code, no building designed or intended for human
occupancy shall be constructed and no permit issued therefor until either:
(1) The streets, drainage improvements, water supply system, if any, and
sewage disposal system, if any, have been constructed, inspected and approved by the
appropriate county agencies; or
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(2) Final subdivision approval has been secured by the subdivider in
accordance with chapter 23, by posting a surety bond or other security guaranteeing the
construction of all of the subdivision improvements as shown on approved construction
drawings and specifications, provided that final occupancy of any dwelling unit shall not be
granted until the subdivision improvements for the particular increment [being developed] i~
which such dwelling mit is sib~ated have been constructed, inspected and approved by the
appropriate county agencies.
Section 25-4-3. Establishment of permitted uses. The permitted uses as listed in the
regulations for each zoning district may be established within that district after compliance
with the specific regulations of the district and the general regulations of this chapter.
Section 25-4-4. Uses prohibited. Any use not listed among the permitted uses in a
zoning district is a prohibited use within that district, except as otherwise provided in this
chapter.
Section 25-4-5. Uses authorized by other permits. In all districts, all land uses
allowed in permits granted by the state land use commission or the commission pursuant to
chapter 205, Hawaii Revised Statutes, all land uses allowed in permits issued by the
commission or the director pursuant to chapter 205A, Hawaii Revised Statutes, and all land
uses allowed in permits issued by the state board of land and natural resources pursuant to
chapter 183C, Hawaii Revised Statutes, or any amendment thereto, shall be deemed to be
permitted uses.
Section 25-4-6. Use of streets. Except as permitted by the council, no street shall be
used for the display, sale, or private storage of any commodity or any material, nor shall any
structure be placed therein other than a driveway, ramp or similar structure that is necessary
6,~ ZONING CODE REVISION
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for vehicular access to the adjoining property. This section shall not prohibit normal street
improvements and those other facilities normally placed in streets.
Section 25-4-7. Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, RA, A,
V, CN, CG and CV districts, provided that plan approval for any bed and breakfast
establishment is secured from the director prior to the establishment 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 the
director. [A special permit shall also be required for any bed and breakfast establishment
located in either the state land use rural or agricultural districts.]
(b) Abed and bed establishment shall be subject to the following restrictions and
standards:
(1) The bed and breakfast establishment shall be accessory and subordinate to
the principal use as a residence by its owners or lessee.
(2) The owner-operator or lessee-operator of the bed and breakfast
establishment shall reside on the same [building site] 14I as that being used for the bed and
breakfast establishment. For purposes of this section, alessee-operator means a lessee holding
a lease of five years or more, for the residence and land on which the bed and breakfast
establishment is located.
(3) The bed and breakfast establishment may be located either within asingle-
family dwelling unit or a guest house on a [building site] 1Q1.
(4) The bed and breakfast establishment shall contain no more than five guest
bedrooms for rent to guests.
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(5) In the RS[,] ~IId 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 square
feet, and any lot less than fifteen thousand square feet shall not have more than two guest
bedrooms. In the RA and A district. the minimum lot size for a bed and breakfast
establishment with three to five guest bedrooms shall be the mitmum lot size specified for th_e
annlicable zoning district.
(6) The maximum number of guests permitted within a bed and breakfast
establishment at any one time shall be ten.
(7) 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 zoning district.
(8) One paved (with concrete, asphalt concrete surface or chip-seal) off-street
parking stall shall be provided for each guest bedroom, in addition to the required stall(s) 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.
(9) Exterior signage which advertises the dwelling as a bed and breakfast
establishment shall comply with the requirements for residential signage as set forth in chapter
3 (advertising and signs) of this code.
(c) No bed and breakfast establishment shall be permitted on any [building site] ~ on
which an ohana dwelling, approved by the director, is situated.
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(d) Any bed and breakfast establishment which has not received plan approval shall be
considered illegal under this chapter.
(e) Any bed and breakfast establishment existing as of the date of adoption of this
section, which has not received plan approval, and, as applicable, has not been issued either a
special permit or a use permit, may continue as anon-conforming use until December 31,
1996, at which time any such continued use without receipt of plan approval and, as
applicable, a use permit or a special permit, shall be considered illegal under this chapter.
Prior to December 31, 1996, any person may apply for plan approval and for a use permit or a
special permit for any bed and breakfast establishment existing as of the date of adoption of
this section and not otherwise permitted, and upon issuance of the required permits and
approvals, the use shall be considered a permitted use.
(f) The conditions contained in any use permit issued for a bed and breakfast
establishment prior to the adoption of this section shall continue to apply to the bed and
breakfast establishment, notwithstanding the provisions to the contrary contained in this
section.
Section 25-4-8. Temporary real estate offices and model homes.
(a) Temporary real estate offices for new developments shall be permitted in all
districts except for the A, IA and O districts, and model homes for new developments shall be
permitted in all districts except for the A, IA, MCX, ML, MG and O districts, provided that
final subdivision approval of the development has been granted by the director and plan
approval for any temporary real estate office and/or model home is secured from the director
prior to the establishment of such use.
.~O ZONING CODE REVISION
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(b) A temporary real estate office and model home shall also be subject to the
following conditions:
(1) The development in which the temporary real estate office and/or model
home is proposed to be situated must consist of six or more lots and/or units.
(2) The temporary real estate office and/or model home shall not be used for a
period longer than twenty-four months from the date of plan approval by the director;
provided that extensions may be granted by the director.
(3) If the temporary real estate office is established in a structure not otherwise
permitted in the particular zoning district, the structure shall be removed co-terminus with the
expiration of the temporary real estate office use.
(4) The temporary real estate office and/or model home shall be used
exclusively for marketing of lots and/or units located within the development in which it is to
be located. In multi-phased developments, a temporary real estate office or model home may
be allowed for each development phase for a period not to exceed twenty-four months. Time
extensions may be granted by the director.
(5) Parking for the temporary real estate office use shall be based on a
minnnum of one parking stall for each employee and a minimum of one parking stall for each
four hundred square feet of gross floor area. The parking requirement may be satisfied
off-site, provided that approval is secured from the director.
(6) The temporary real estate office and/or model home shall comply with the
minunum setback and height requirements of the particular zoning district.
Section 25-4-9. Guest houses. One guest house may only be established on a
[building site]1pI that is at least seven thousand five hundred square feet in area. A guest
,71 ZONING CODE REVISION
DRAFT 2-9/96
house shall not exceed five hundred square feet in gross floor area, shall not be more than
twenty feet in height, and shall not have a kitchen.
Section 25-4-10. Mobile dwellings.
All mobile dwellings shall conform to the county building code (chapter 5 of this code),
and the public health housing code (chapter 2 of the state public health regulations), except:
(1) When parked in a licensed mobile home park; or
(2) When occupied for dwelling or sleeping purposes outside of a licensed
mobile home park for less than thirty days in any one location.
Section 25-4-11. Power lines; utility substations; public buildings.
(a) Communication, transmission, and power lines of public and private utilities and
governmental agencies are permitted uses within any district.
(b) Any substation used by a public utility for the purpose of furnishing telephone,
gas, electricity, water, radio, or television shall be a permitted use in any district provided that
the use is not hazardous or dangerous to the surrounding area and the director has issued plan
approval for such use.
(c) Public uses, structures and buildings and community buildings are permitted uses
in any district, provided that the director has issued plan approval for such use.
Section 25-4-12. Telecommunication antennas.
(a) A telecommunication antenna or tower shall be permitted in any district provided
that the antenna is not hazardous or dangerous to the surrounding area and the director has
issued plan approval for such use.
(b) The minimum setbacks for a telecommunication antenna are as follows:
.12 ZONING CODE REVISION
DRAFT 2-9/96
(1) Freestanding antennas and towers shall be set back from every property line
a miniTnum of one foot for every five feet of antenna or tower height.
(2) Telecommunication antennas and towers supported by guy wires shall be set
back from every property line a minunum of one foot for every one foot of antenna or tower
height.
Section 25-4-13. Home occupations.
[(a) Home occupations shall be permitted in the RS, RD, RM, RCX, RA, A, V, CN,
CG and CV districts, provided that plan approval for any home occupation is secured from the
director prior to the establishment of such use. A special permit shall also be required for any
home occupation located in either the state land use rural or agricultural districts.
(b) A home occupation shall be incidental and subordinate to the use of a dwelling as a
residence, and shall not change the character and external appearance of the dwelling.
(c) Only household members shall be employed under the home occupation.
(d) There shall be no exterior sign that shows the building is used for anything but
residential use, and no exterior displays or advertisements for the home occupation.
(e) The occupation shall be conducted either entirely within the dwelling, or if outside
the dwelling, the activity shall be screened from public view. Any activity which exceeds the
allowable noise levels as set forth in chapter 43, title 11 of the state department of health
administrative rules, must be conducted in fully enclosed, noise-attenuated structures.
(f) There shall be no outdoor storage of materials and supplies related to the home
occupation.
(g) Articles sold on the premises shall be limited to those produced by the home
occupation and to instructional materials pertinent to the home occupation.
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DRAFT 2-9/96
(h) Home occupations which depend on client visits, including individual instruction,
shall provide one parking space per five clients on the premises at one time. This shall be in
addition to parking required for dwelling use. Residents of multiple-family dwellings may
fulfill the parking requirement by the use of guest parking with the approval of the building
owner, manager, or condominium association.
(i) The following activities are not permitted as home occupations:
(1) Automobile repair and painting, except that repair and painting of vehicles
owned by household members for purposes of maintenance shall be permitted.
(2) Contractor's storage yards.
(3) Group instruction.
(4) Care, treatment or boarding of animals in exchange for money, goods or
services.
(5) Any activities and uses which are only permitted in industrial districts.
(6) Any activity which involves frequent visits by the public.
(j) Any home occupation which has not received plan approval shall be considered
illegal under this chapter.]
~ A home occupation shall be incidental and subordinate to the use of a dwelling
as a residence and shall not change the character and external appearance of the dwelling,
(b~ There shall be no exterior sign,~ymbols. di.5plavs or advertisements relatin>? to
the home occt~ation nor any interior signs in the public view.
~ There shall be no outdoor storage of materials equipment or supplies related to
the home occup to ion•
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DRAFT 2-9/98
~ Articles sold on the premises shall be limited to those produced b e home
occupation and to instructional materials pertinent to the home occu ion.
~ Except further restricted in section 25-4-13(x) of this article below:
~ The occupation shall be conducted either entirely within the dwelling or.
if outside the dwelling. the activity shall be screened from public view and
Any activity which exceeds the allowable noise levels as set forth in
hc~pter 43. title 11 of the state department of health admiristrative rules must be conducted in
fly enclosed. noise attenuated structures.
~f Home occupations which involve customer or client visits or meetings shall
provide a minimum of one parkine~pace on the premises in addition to p r ing required for
dwelling use or other permitted uses The director may require or conditionally require more
than one additional p rking~pace as a requirement of p an proval where the director finds
such additional parkine~paces may be reasonably necessary to avoid off-site or inappropriate
parking locations. Residents of multipl -fami y dwelling may fulfill the parkine requirement
by the use of g ~ t parking_with the written approval of tb_e building9wner. manag,r or
condominium association.
~ The following uses and activities are not permitted as home occupations in anv_
district:
~ contractor storage yards including without limitation the storage. use.
repair or fabrication of equipment designed or intended for use in land excavation or in the
construction of buildings or other structures or other similar heavy equipment:
.75 ZONING CODE REVISION
DRAFT 2-9/96
l,21 repair fabrication or an inting of automobiles or other motorized vehicles
except those owned by household members and which are not sold or made available for sale
within one year of such activity~garding any particular vehicle:
L'~,1 care. treatment or boarding or animals in exchanee for money,_good .
services or other consideration:
~ ~ activities and uses which are onlypermitted in industrial districts:
~ anv activities which involves frequent visits by the public; and
~ group m i gs_for instruction. training or other educational p~po~,
~ Home occupations not prohibited in section 25-4-13(g) of this article shall be a
permitted use in the RS. RD RM. RCX. RA. A. V. CN CG and CV districts provided that
such occupation does not include or involve:
~ customer or client visits:
~ more than two (,21 deliveries or pickups or items per day between 8:00
a.m. and 6:00 p.m. Monday through Friday and none on Saturdays and Sundays:
j3~ s orage of materials. supplies. or products related to the home
occupation outside of the dwelling or other fully enclosed buildine:
~ noise levels exceeding allowable noise levels for residential areas.
~gardless of the zoning district or principal uses permitted in the zoning district. as
established by ordinance or rule of the state department of health- and
~5 activities conducted outside the building,.
~ Home occupations not prohibited in section 25-4-13(g) of this article shall be
permitted in the RS. RD. RM. RCX. RA. A. V. CN. CG and CV districts. provided that plan
approval for such home occupation is secured from the director prior to the establi ment of
76 ZONING CODE REVISION
DRAFT 2-9/96
such use- and that a special permit is also secured from the commission for such home
occupation within any state rural or agricultural land use district.
A ly home occupation permissible under section 25-4-131 above which has not
received plan~pnroval shall be considered illegal under this chanter.
(k) Any home occupation existing as of the date of adoption of this section, may
continue as anon-conforming use until December 31, 1996, at which time any such continued
use without receipt of plan approval shall be considered illegal under this chapter. Prior to
December 31, 1996, any person may apply for plan approval for any home occupation existing
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:
(1) The access drive connecting the lot with the street shall have a minimum
width of fifreen feet.
(2) The access drive shall be the sole access for only one lot, unless duel access
is approved by the director after consultation with the chief engineer.
(3) The lot area, including the access drive, shall be the minimum [building
site] 14t area required for the zoning district.
(4) The minimum yards for a flag lot, excluding the access drive, shall be the
minimum side yards required fora [building site] lot in the applicable zoning district.
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DRAFT 2-9/98
Division 2. Heights
Section 25-4-20. Height; general rules.
(a) No building or structure hereafter erected shall exceed the established zoning
district height limit, except as hereinafter permitted or otherwise regulated.
(b) If any existing structure exceeds the established zoning district height limits, it
shall not be further increased in height.
Section 25-4-21. Basements and underground structures.
In all districts, any number of floors below ground may be permitted.
Section 25-4-22. Exemptions from height limitations.
The following structures are exempt from zoning district height limits under the
specified restrictions:
(a) Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag
poles, vent pipes, fans, structures housing or screening elevator machinery and other similar
features, not to exceed ten feet above the governing height limit.
(b) Safety railings not to exceed forty-two inches above the governing height limit.
(c) Utility poles and lines and broadcasting antennas not to exceed five hundred feet
from existing grade.
(d) One antenna for an amateur radio station operation per [building site] i4h not to
exceed ninety feet above existing grade.
(e) Wind machines, where permitted, provided that each machine shall be set back
from all property lines one foot for each foot of height, measured from the highest vertical
extension of the system.
.fig ZONING CODE REVISION
DRAFT 2-9/96
(fj Any energy savings device, including heat pumps and solar collectors, not to
exceed eight feet above the governing height limit.
(g) Non-residential agricultural structures in the A and IA districts, not to exceed one
hundred feet, as approved by the director upon finding that the additional height above forty-
five feet is necessary.
Section 25-4-23. Accessory structure height limitations. An accessory structure
shall not exceed fifteen feet in height, unless otherwise specified in this chapter.
Division 3. Street Frontage, Lot Areas and Widths
Section 25-4-30. Minimum street frontage. The following minimum street frontage
standards apply to every [building site]14l:
(a) Fifty percent of the required [building site] 191 average width for any building site
in a zoning district providing for a minimum [building site] 14S of one acre or less, except for
flag lots, any [building site] l9t located at the end of a cul de sac, and any [building site] i9~
where the access to the [building site] l9t is by means of a roadway easement.
(b) One hundred feet for any [building site] 1Qt in a zoning district providing for a
minimum [building site] of over one acre, except for flag lots, any [building site] l9t
located at the end of a cul de sac, and any [building site]~t where the access to the [building
site] 191 is by means of a roadway easement.
(c) The width of the pole or fifteen feet for any flag lot.
(d) Fifteen feet for any [building site] 19~ located at the end of a cul de sac.
(e) No street frontage shall be required for any [building site] 14.t where access to the
[building site] lQt is by means of a roadway easement.
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Section 25-4-31. Minimum [building site] ~t area; minimum average width.
(a) Unless otherwise specified in this chapter, each main building must be located on a
[building site]144 having not less than the established zoning district minimum [building site]
144 area.
(b) Any [building site] 144 which has less area or width than that required by the
established zoning district, may be used as a legal [building site] 144; provided that the owner
of the [building site] 191 owns no adjoining property at the same time.
(c) A [building site] 141 shall be deemed to conform to the requirements for [building
site]191 average width if any portion of the [building site] 144 considered separately has the
minimum [building site] 144 area with the minimum average width.
Section 25-4-32. Reduction of [building site] lQt below minimum area.
(a) A [building site] 144 may not be reduced below the established zoning district
minimum lbuilding site] 14~area, and an existing [building site] 144, which is below the
minimum [building site] 144 area, may not be further reduced in area.
(b) Any legal [building site] 14.t reduced in area or average width by not more than
twenty percent, by reason of the establishment of future width lines or plan lines for future
streets or by the acquisition by a public agency for public purposes, shall be deemed to be a
legal [building site] 191 as to the remainder of the lot.
Section 25-4-33. Effect of delinquent tax sale; recordation of land. Any parcel of
land that is not otherwise a legal [building site] l44 does not become a legal [building site] 144
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.
80 ZONING CODE REVISION
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Section 25-4-34. Waiver of minimmn [site building] 19I area for utilities. The
required minimum [building site] lQt area may be waived by the director for public utility or
public rights-of-way subdivisions, or both, and any resulting remnant parcels.
Division 4. Yards and Open Space
Section 25-4-40. General requirements for yards and open space.
(a) On every [building site], yards of the minimum width or depth as specified for
the established zoning district shall be maintained open and unobstructed from the ground up,
except as specified in this division.
(b) No required yard or open space may fulfill the requirement for more than one
building, [building site] 141, or use.
(c) A [building site] l9t shall have a front yard wherever it has a street frontage, except
where the option of either a front or rear yard is allowed in CV and CG districts.
(d) In 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.
(e) Unless otherwise specified, yards, open spaces, and distances shall be measured
horizontally.
Section 25-4-41. Triangular or irregular [building sites] 19t.
(a) On any triangular shaped [building site] 19.1, 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] 101.
g 1 ZONING CODE REVISION
DRAFT 2-9/96
(b) In the event a [building site] 14I is so irregular in shape that it is impossible to
establish side and rear yards, the director shall view the relationship between the [building
site} ]gj and surrounding property and shall specify the required yards.
Section 25-4-42. Corner [building sites] 14t.
(a) On any corner [building site] 14I, the interior lines shall be side lot lines and all
rear yard regulations shall be inapplicable.
(b) On any corner [building site] LQI in all zoning districts except in the CN district,
within the area of a triangle formed by the street lines of such [building site] Lzt (ignoring any
corner radius), and a line drawn between points on such street lines twenty-five feet from the
intersection thereof, no fence, wall, hedge, or building shall be higher than three feet nor shall
there be any obstruction to vision other 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 point of intersection if the streets are sloping.
Section 25-4-43. Fences and accessory structures.
(a) A perimeter boundary fence, wall or similar feature, less than six feet in height
shall not be considered a structure and shall be permitted without any front, side or rear yard
requirements. In addition, a fence which is constructed of strand material, such as barbed
wire, hog wire, or chain link, which allow "see-through" visibility is permitted to a height of
eight feet without any front, side, or rear yard requirements.
(b) No fence, wall, architectural feature, or other obstruction shall be placed or be
without gates or openings so as to prohibit complete access around any main building at all
times.
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(c) Any accessory structure, including any fence. [or] wall or water tank over six feet
in height[, architectural feature or water tank,] which is not connected to a building, may not
extend into any required front, side or rear yard, but may be located next to any building
without any open space requirement.
Section 25-4-44. Permitted projections into yards and open spaces.
(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills,
frames, beam ends, cornices, canopies, porches, balconies, terraces, fire escapes, stairs,
ramps, above-grade pools and other similar features may extend four feet into any required
yard or open space that is less than ten feet, five feet when required yard or space is from ten
up to fifteen feet, and six feet when required yard is over fifeen feet; provided that:
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp
or other similar feature shall be enclosed above or below the extension except that there may
be individual posts or beams for support and open or grill type railings no higher than four
feet; and
(2) No chimney may extend more than two feet into any yard.
(3) No above-grade pool may extend into any required front, side or rear yard if
the pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building.
Section 25-4-45. Projection of pone-cocheres. An attractively designed porte-
cochere may 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 any
distance into a required yard or open space.
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Section 25-4-47. Minimum distance between main buildings on same [building
site] 1Qt. Unless otherwise specified, the minimum distance between main buildings on the
same [building site] 14I shall be fifteen feet, measured between the walls of the two buildings.
Section 25-4-48. Yards required for accessory buildings.
(a) Unless otherwise permitted or regulated, the same yards shall be required for an
accessory building in any zoning district as those required of a main building in the zoning
district, except that no rear yard shall be required for an accessory building.
(b) A ten-foot rear yard shall be required for an accessory building if the rear line of
the [building site] lg~ abuts upon an alley.
(c) Any accessory building that is structurally attached to a main building shall be
considered part of the main building and subject to the same regulations as a main building.
(d) Any accessory building that is not structurally attached to a main building, shall be
located at least ten feet away from any main building, with a distance of six feet between the
buildings being totally unobstructed from the ground up. The open space requirements
contained in this paragraph shall apply only to accessory buildings and not to other accessory
structures.
Division 5. Off-Street Parking and Loading
Section 25-4-50. Off-street parking and loading: purpose.
(a) Parking and loading standards are intended to minimize street congestion and
traffic hazards, and to provide safe and convenient access to residences, businesses, public
services and places of public assembly.
(b) Off-street parking and loading spaces shall be provided in such number, at such
location and with such improvements as required as set forth in this division.
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Section 25-4-51. Required number of parking spaces.
(a) The number of parking spaces for each use shall be as follows:
(1) Bed and breakfast establishments: one for each guest bedroom, in addition
to one for the dwelling unit.
(2) Bowling alleys: four for each alley.
(3) Commercial uses, including retail and office uses in RCX, CN, CG, CV
MCX, V, RA, A and IA districts: one for each [two] 1hI~ hundred square feet of gross floor
area.
(4) Day care facilities: one for each ten care recipients of design capacity or
one for every two hundred square feet of gross floor area, whichever is greater.
(5) Dwellings, multiple-family: one jand one quarter] for each unit.
(6) Dwellings, single-family and double-family or duplex: [one] LFY4 for each
[family or]dwelling unit.
(7) Funeral homes and mortuaries: one for each seventy-five square feet of
gross floor area.
(8) Golf courses: four for every hole.
(9) Hospitals: one for each bed.
(10) Hotels, lodges and inns: one for every two units.
(11) Industrial uses in ML MG, MCX, RA, ~ A [and IA] districts: one for
each four hundred square feet of gross floor area.
(12) Laundromats, cleaners (coin operated): one for every four machines.
(13) Major outdoor amusement and recreation facilities: one for each two
hundred square feet of gross floor area within enclosed buildings, plus one for every three
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persons that the outdoor facilities are designed to accommodate when used to the maximum
capacity.
(14) 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 the
elderly: one for every two beds.
(16) Parks, passive: one for each acre.
(17) Recreation facilities, outdoor or indoor, other than herein specified: one
for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis
or similar activities).
(18) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
(19) Schools (elementary and intermediate): one for each twenty students of
design capacity, plus one for each four hundred square feet of office floor space.
(20) Schools (high, language, vocational, business, technical and trade,
college): one for each ten students of design capacity, plus one for each four hundred square
feet of office floor space.
(21) Sports arenas, auditoriums, theaters, assembly halls: one for every four
seats.
(22) Swimming pools (community): one for each forty square feet of pool
area.
(23) Warehouse and bulk storage establishments where there is no trade or
retail traffic: one for each one thousand square feet of gross floor area.
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(b) No additional parking is required for any change of use in a building as long as the
previous use of the building had the required number of parking stalls for that use; provided,
that additional parking may be required for a change of use in any building where the building
is converted from residential to commercial use or from warehouse and manufacturing use to
retail or commercial use.
(c) Where uses and activities do not occur simultaneously, parking space requirements
may be shared, provided that:
(1) The utilization of the combined parking is shown to the satisfaction of the
director to be noncompeting as to time of use;
(2) The number of parking spaces is based on the largest parking requirement
of those respective facilities;
(3) The parking areas are not more than one thousand feet from any of the
buildings housing the activities; and
(4) The parking areas are encumbered for that use for the life of the facilities
being served.
Section 25-4-52. Method of determining number of parking spaces.
(a) When computation of required parking spaces results in a fractional number, the
number of spaces required shall be the next highest whole number.
(b) In stadiums, sports arenas, meeting facilities, and other places of assembly in
which patrons or spectators occupy benches, pews or other similar seating facilities, each
twenty-four inches of width shall be counted as a seat for the purpose of determining
requirements for off-street parking.
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(c) If bicycle parking stalls are constructed on any [building site] 141, the total number
of required parking spaces shall be reduced by one parking space for every five bicycle
parking stalls constructed.
(d) At least sixty-seven percent of the required parking shall be standard sized parking
spaces, and thirty-three percent may be compact spaces.
(e) The director may increase the required number of parking spaces for any use
during plan approval if the director reviews the proposed use and its impact to the immediate
area and finds that the increase will further the public safety, convenience and welfaze.
(f) If there is any doubt as to the requirements for off-street parking for any use not
specifically mentioned or for any other reason, the director shall determine the required
number of parking spaces for such use.
Section 25-4-53. Minimum dimensions of parking spaces.
(a) Standard-sized automobile parking spaces shall be at least eighteen feet in length
and eight feet six inches in width, with curbside parallel spaces at least twenty-two feet in
length.
(b) Compact spaces shall be at least sixteen feet in length and seven feet six inches in
width, with curbside parallel spaces at least eighteen feet in length.
(c) Minimum aisle widths for parking bays shall be provided in accordance with the
following:
Angle of Parking to Curb Minimum Width
to 0° (parallel) 12'
to 45 ° 14'
to 60° 18'
to 90° (perpendicular) 24'
(d) Parking spaces may have a three foot unpaved car overhang area.
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Section 25-4-54. Standards and improvements to off-street parking spaces.
(a) All parking spaces shall be arranged so as to be individually accessible.
(b) Except for one duplex dwelling or two single-family dwellings on any single
[building site] 194, access to any individual parking space shall not be directly from or to a
street but must be reached from an on-site access driveway of proper design and width to
allow for passage of vehicles and necessary turning movements.
(c) In V, CN, CG, CV, MCX, ML, MG, RD, RM and RCX districts, parking spaces
shall be paved.
(d) For any permitted use in the RS, RA, A or IA districts, the pavement of parking
spaces is not required, and any material may be used for the parking spaces that will eliminate
erosion, mud and standing water.
(e) For any parking space containing a building column, that column may intrude six
inches into the required width, provided that the building column shall not be located at the
entry of the parking space. A wall shall not be considered a building column.
Section 25-4-55. Parking for [individuals] persons with disabilities.
[The location, number and design of parking spaces serving individuals with disabilities shall
comply with the Americans with Disabilities Act ("ADA") Accessibility Guidelines for
Building and Facilities.] An accessible site shall have at least one accessible route within the
boundary
of the site from public transportation stops. accessible parkins spaces. passeneer
loading zones if provided and public streets or sidewalks. to an accessible building~ntrance.
If parking .paces are provided for self- an rking by employees or visitors. or both.
then accessible spaces shall be provided in each such parking area in conformance with the
table below. Spaces required by the table need not be provided in the particular lot and may
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he provided in a different location if equivalent or greater accessibility, in terms of distance
from an accessible entrance is ensured.
Total P r ing In L.ot Req it d Miri m .m N ~mb r of A c ible paces
1 to 25 1
26 to 50 ?
S1 to 75 ~
76 to 100 4
101 to 150 ¢
151 to 200 ¢
201 to 300 Z
301 to 400 $
401 to 500 Q
501 to 1000 ?-percent of total
1001 and over 20. plus 1 for each 100 over 1000. Additional parking requirements for
medical health care facilities and treatment facilities for persons with disabilities.
(11 Accessible parking spaces for sedans shall be 96 inches wide by 216 inches
deep with a 60 inch wide access aisle. Accessible parkins
maces for vans shall be 108 inches
wide by 216 inches deep. with a 96 inch wide access aisle.
Parki g access aisles shall he part of an accessible route to the buildine or
facility entrance. Two accessible narking paces may share a common access aisle. Parked
vehicle overhangs shall not reduce the clear width of an accessible route. Parking paces and
access aisles shall be level with surface slopes not exceeding~:50 (.2%) in all directions.
(~l Provisions of all required parking spaces in conformance with "Universal
Parking Design" is permitted. Universal parking stalls shall be 132 inches wide by 216 inches
deep with a 60 inch wide access aisle.
~l Van Access. One in every eight accessible spaces as per above (1) but not less
than one. shall be served by an access aisle 96 inches wide minimum and shall be designated
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,
"van accessibleuy The vertical clearance of 98 inches at such spaces shall be provided at the
par in2 space and along at least one vehicle access route to such spaces from site entra_nce(~l
and xi (~l. All such spaces may~g or~tped on one level of a rki g structure.
fc) Passenger loading zones. If passenger loading zones are provided. then at least
one passenger loading zone shall be provided. Passenger loading zones shall prov_ ide ~n
access aisle at least 60 inches wide and 240 inches long a~'acent and parallel to the vehicle
n lu 1-un~pace. If there are curbs between the access aisle and the vehicle p ~1L 1-llD gpace. then
a curb ram shall be provided. Vehicle standin¢Psnaces and access aisles shall be level with
surface slopes not exceeding 1:50 (2%1 in all directions. Vertical clearance of 114 inches at
accessible passenger loading zones and along at least one vehicle access route to such areas
from site entrance(~l and e ' sl shall be provided.
(dl At facilities providing medical care parking spaces shall be provided:
(1Llpatient units and facilities: 10 percent of the total number of parkins?
spaces provided serving each such outpatient unit or facility:
(2.1 IJv-its and facilities that sp r;ali a in rea m n or ervice for per on wi h
mobility impairments: 20 percent of the total number of parking spaces provided serving each
such unit or facility.
(e Valet parkins facilities shall provide a passenger loadingsone located on an
accessible route to the entrance of the facility. except where valet parking on y is used for all
parking req
iru
ed by that facility.
(fl Signage. Accessible parking paces shall be designated as reserved by a
si¢n
showi he Symbol of accessibility paces shall have an additional Sign "Van-Accessible"
mounted below the symbol of accessibility,_ Such signs shall be located o he bo om edges of
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th~gn is 80 inches minimum above the finish surface of the accessible parking stalls. Signs
which designatespar ine maces shall be a minimum 12 inches by 12 inches with 8" high ISA
(International Symbol of Accessibility,2svmbol. The construction of the sign shall be .080"
minimum thickness. aluminum sheet mounted on 3" square telespar tubing9~proved equal.
(include illustration)
Section 25-4-56. Off-street loading requirements. Off-street loading requirements
shall apply to all buildings having a gross floor area of at least five thousand square feet,
except for single-family residential units, in all zoning districts. The minimum number of off-
street loading spaces shall be as follows:
Loading Space
Use or Use Category Floor Area in Square Feet Requirements
1. Commercial and industrial 5,000 - 10,000 1
uses, including retail and 10,001 - 20,000 2
wholesale operations, eating 20,001 - 30,000 3
and drinking establishments, 30,001 - 40,000 4
business services, personal 40,001 - 60,000 5
services, repair, Each additiona150,000 or 1
manufacturing and self major fraction thereof
storage facilities, but
excluding offices,
2. Hotels, hospital or similar 5,000 - 10,000 1
institutions, and places of 10,001 - 50,000 2
public assembly 50,001 - 100,000 3
Each additional 100,000 or 1
major fraction thereof
3. Offices or office buildings 20,000 - 50,000 1
50,001 - 100,000 2
Each additional 100,000 or 1
major fraction thereof
4. Multi-family dwellings Number of Units
20 - 150 1
151 - 300 2
Each additiona1200 or major 1
fraction thereof
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Section 25-4-57. Method of determining number of loading spaces.
(a) The gross floor area of a building shall be used to determine the required number
of loading spaces for that building.
(b) When a building is used for more than one use, and the gross floor area for each
use is below the minimum requiring a loading space, and the aggregate gross floor area of the
several uses exceeds the minimum floor area of the use category requiring the greatest number
of spaces, at least one loading space shall be required.
(c) The number of loading spaces required may be adjusted to fifty percent of the
required number when such spaces are assigned to serve two or more uses jointly, provided
that each use has access to the loading zone without crossing public streets or sidewalks.
(d) When computation of required loading space results in a fractional number, the
number of spaces required shall be the next highest whole number.
Section 25-4-58. Dimension of loading spaces.
(a) When only one loading space is required and the total gross floor area is not more
than 5,000 square feet, the horizontal dimensions of the loading space shall be ten feet wide
and twenty-two feet long, and the vertical clearance [ofJ shall be at least fourteen feet.
(b) 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
fifty feet long, and the vertical clearance shall be at least fourteen feet.
(c) When more than one loading space is required or the total gross floor area is more
than 5,000 square feet, the minimum horizontal dimension of at least half of the required
loading spaces shall be twelve feet wide and fifty feet long, and the vertical clearance shall be
93 ZONING CODE REVISION
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at least fourteen feet. The balance of the required loading spaces may have horizontal
dimensions of ten feet wide and twenty-two feet long.
(d) The required apron space, or area provided for maneuvering trucks into or out of
loading position, shall be forty-six feet if the loading space width is ten feet, forty-three feet if
the loading space width is twelve feet, and thirty-nine feet if the loading space with is fourteen
feet.
Section 25-4-59. Location and improvement of loading spaces.
(a) All required loading spaces shall be located on the building site to which they are
appurtenant. No loading spaces shall be permitted within any street or alley.
(b) Each required loading space shall be identified as such and shall be reserved for
loading purposes.
(c) No loading space shall occupy required off-street parking space or restrict access.
(d) Access to any loading space shall not be directly from or to a street but must be
reached from an on-site access driveway of proper design and width to allow for passage of
trucks and necessary turning movements.
(e) All loading spaces and apron spaces or maneuvering areas shall be paved.
Section 25-4-59.1. Director determination of parking and loading requirements.
(a) The director may increase any of the requirements in this chapter for parking
spaces and loading spaces, after reviewing the proposed use and the use's impact to the
immediate area, if the director makes a finding that the increase will further the public safety,
convenience, and welfare.
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(b) In case there is any doubt as to the requirements for parking or loading spaces for
any use not specifically mentioned, or for any other reason, the director shall make such
determination.
Section 25-4-59.2. Exceptions to the off-street parking and loading requirements.
The off-street parking and loading requirements of this chapter shall not apply to the
following:
(a) That 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.
(b) That area immediately fronting either side of that portion of the Hawaii Belt
Highway which run from the real property designated as tax map key no: 7-9-7-66 to the real
property designated as tax map key no: 7-9-9:22, in Kainaliu, North Kona.
(c) That area designated as Kailua Village, North Kona, with the boundaries as defined
under section 25-7-1 of this chapter.
Section 25-4-59.3. Landscaping and screening for parking lots and loading spaces.
(a) To provide shade in open parking lots and minimize visibility of paved surfaces,
parking lots with more than ten parking stalls shall provide one canopy form tree with a
minimum of two-inch caliper for every six parking stalls or major fraction thereof, or one
canopy form tree of six-inch caliper or more for every twelve parking stalls or major fraction
thereof. Each tree shall be located in a planting 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 and other landscape elements, including
95 ZONING CODE REVISION
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planter boxes over six inches in height, aze not permitted within the overhang space of the
pazking stalls. Trees shall be sited so as to evenly distribute shade throughout the parking lot.
(b) Parking lots of five or more spaces shall be screened from adjoining lots in RS,
RD, RM, RCX or RA districts by walls, continuous screening hedges, or earth berms a
minimum of forty-two inches high on the abutting property line.
(c) All loading spaces shall be screened from adjoining lots in RS, RD, RM, RCX or
RA districts by a wall six feet in height.
(d) Xeriscape and native Hawaiian plant species shall be encouraged.
(e) All landscaping shall be maintained by the property owner.
Division 6. Nonconforming Uses and Buildings
Section 25-4-60. Nonconforming buildings; maintenance and repair.
(a) Any nonconforming building, except as otherwise regulated, may be repaired,
maintained, or enlazged provided that any enlazgement 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 it may
only be rebuilt in compliance with all of the requirements under the County building code for
reconstruction and repair of nonconforming buildings.
Section 25-4-61. Continuance of nonconforming uses of land and buildings.
(a) Any nonconforming use of land or use of a building may continue to the extent it
existed at the time of adoption of this chapter or any amendments hereto, provided that a
nonconforming use may be enlarged within the building it occupies, but shall not be enlarged
or increased to occupy a greater area of land, nor shall it or the portion of the building housing
96 ZONING CODE REVISION
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it be moved in whole or in part to any other portion of the building site occupied by such
non-conforming use
(b) Public buildings, public or private power and telephone facilities including offices
and plants existing prior to May 24, 1967 may be enlarged or increased to occupy a greater
area of land or building, notwithstanding the limitations contained in this section.
Section 25-4-62. Abandonment of nonconforming use.
If any nonconforming use ceases for any reason for a continuous period of
twelve calendar months, or for one season if the use be seasonal, then such use shall not be
resumed and any use of the land or building or both thereafter shall be in full conformity with
the provisions of this chapter.
Section 25-4-63. Destruction of building with nonconforming use.
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 nonconforming use.
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
97 ZONING CODE REVISION
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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 building with
nonconforming use.
If a use of a building is nonconforming because of a particular requirement of
the district within which it is located (e.g., parking, yards, height, distance between
buildings), then the use may be enlarged and the building may be changed or added to,
provided such enlargement, change or addition is itself in full compliance with the district
regulations.
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Article 5. Zoning District Regulations
Division 1. RS, Single-Family Residential Districts
Section 25-5-1. Purpose and applicability. The RS (single-family residential) district
provides for lower or low and medium density residential use, for urban and suburban family
life. It applies to areas having facilities, and to carry out the above stated purpose.
Section 25-5-2. Designation of RS districts. Each RS (single-family residential)
district shall be designated on the zoning map by the symbol "RS" followed by a number
which specifies the required minimum [building site] 14t area in thousands of square feet.
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Community buildings, as permitted under section 25-4-11.
(3) Crop production.
(4) Dwellings, single-family.
(5) Family child care homes.
(6) Golf club houses and country clubs where no structure or activity area such
as pools and games, is located closer than two hundred feet to any property line.
(7) Golf course maintenance buildings.
(8) Golf courses, provided that the edge of a tee or green is not closer than one
hundred feet to any property line.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
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(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Telecommunication antennas, as permitted under section 25-4-12.
(16) Temporary real estate offices, as permitted under section 25-4-8.
(17) Utility substations, as permitted under section 25-4-11.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RS district, provided that a use permit is issued for each use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Cemeteries, crematoriums and mausoleums.
(4) Churches, temples and synagogues.
(5) Day care facilities.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities
(8) Mortuaries.
(9) Schools.
(10) Yacht harbors and boating facilities.
(c)](l~ Buildings and uses normally considered directly accessory to the uses permitted
in this section shall also be permitted in the RS district.
Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five
feet.
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Section 25-5-5. Minimum [building site] 1g1 area. The minimum [building site] 1q1,
area in the RS district shall be seven thousand five hundred square feet, except for those
[building sites] 19IS within a planned unit development, cluster plan development or project
district, and approved by the director.
Section 25-5-6. Minimum [building site] 14t average width. Each [building site] ~
in the RS district shall have a minimum average width of sixty feet, plus two feet for each five
hundred square feet of required [building site] 191 area in excess of seven thousand five
hundred square feet, except that no [building site] IQS shall be required to have an average
width of more than one hundred fifty feet.
Section 25-5-7. Minimum yards.
(a) The minimum yards in the RS district shall be as follows:
(1) On a [building site] ~ with a required area of seven thousand five hundred
square feet to and including nine thousand nine hundred ninety-nine square feet.
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet for a one story building, and ten feet for a
two-story building.
(2) On a [building site] with a required area of ten thousand square feet to
and including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet for a one story building, plus one additional foot
for each additional story.
(3) On a [building site] 191 with a required area of twenty thousand square feet
or more:
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(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
Section 25-5-8. Other regulations.
(a) There may be more than one single-family dwelling on each [building site] ~ in
an RS district provided there is not less than the required minimum [building site] lg~ area for
each dwelling.
(b) One guest house, in addition to asingle-family dwelling, may be located on any
[building site] 19t in the RS district.
(c) If a legal [building site] ~ in the RS district has less area or average width than is
required, then the yard requirements for the [building site] 19t shall be the same as in the RS
district having the largest requirements for which the [building site] 191 can comply.
Division 2. RD, Double-Family Residential Districts
Section 25-5-20. Purpose and applicability. The RD (double-family residential)
district provides for moderate density use characterized by the establishment of single or
double-family dwellings on each [building site] LQt. 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 25-5-21. Designation and density of RD districts. Each RD (double-family
residential district) shall be designated on the zoning map by the symbol "RD" followed by the
number "3.75" which requires that the minimum land area for each dwelling unit shall be three
thousand seven hundred fifty square feet.
Section 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD district:
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(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, double-family or duplex.
(6) Dwellings, single-family.
(7) Family child care homes.
(8) Golf club houses and country clubs where no structure or activity such as
pools and games, is located closer than two hundred feet to any property line.
(9) Gold course maintenance buildings.
(10) Golf courses, provided that the edge of a tee or green is not closer than
one hundred feet to any property line.
(11) Group living facilities.
(12) Home occupations, as permitted under section 25-4-13.
(13) Meeting facilities.
(14) Model homes, as permitted under section 25-4-8.
(15) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(16) Public uses and structures, as permitted under section 25-4-11.
(17) Telecommunication antennas, as permitted under section 25-4-12.
(18) Temporary real estate offices, as permitted under section 25-4-8.
(19) Utility substations, as permitted under section 25-4-11.
103 ZONING CODE REVISION
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[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RD district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Cemeteries, crematoriums and mausoleums.
(3) Churches, temples and synagogues.
(4) Day care facilities.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities
(7) Mortuaries.
(8) Schools.
(9) Yacht harbors and boating facilities.
(c)](b~ Buildings and uses normally considered directly accessory to the uses permitted
under this section shall also be permitted in the RD district.
Section 25-5-23. Height limit. The height limit in the ItD district shall be thirty-five
feet.
Section 25-5-24. Minimmn [building site] 14t area. The minimum [building site] 141
area in the RD district shall be seven thousand five hundred square feet, except for those
[building sites] 1415 within a planned unit development or project district, and approved by the
director.
Section 25-5-25. Minimmn [building site] lQt average width. Each [building site]
]gl in the RD district shall have a minimum average width of sixty feet, plus two feet for each
five hundred square feet of required [building site] Igo area in excess of seven thousand five
1~ ZONING CODE REVISION
DRAFT 2-8/96
hundred squaze feet, except that no [building site] 14S shall be required to have an average
width of more than one hundred fifty feet.
Section 25-5-26. Minimum yards.
(a) The minimum yards in the RD district shall be as follows:
(1) On a [building site] Lo] with a required area of seven thousand five hundred
square feet to and including nine thousand nine hundred ninety-nine square feet.
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet for a one story building, and ten feet for a
two-story building.
(2) On a [building site] ~ with a required area of ten thousand square feet to
and including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet for a one story building, plus one additional foot
for each additional story.
(3) On a [building site] lot with a required area of twenty thousand square feet
or more:
(A) Front and reaz yards, twenty-five feet; and
(B) Side yards, fifteen feet.
Section 25-5-27. Other regulations.
(a) There may be more than one double-family dwelling or more than two single-
family dwellings or any combination thereof on each [building site] Loo in the RD district;
provided that the minimum land area requirement for each dwelling unit is met.
LOS ZONING CODE REVISION
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(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same [building site] in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district.
Division 3. RM, Multiple-Family Residential Districts
Section 25-5-30. Purpose and applicability. The RM (multiple-family residential)
district provides for medium and high density residential use. It covers areas with full
community facilities and services. It may occupy transition areas between commercial or
industrial areas and other districts of less intense land use.
Section 25-5-31. Designation and density of RM districts.
(a) Each RM (multiple-family residential) district shall be designated on the zoning
map by the symbol "RM" followed by a number which indicates the required land area, in
thousands of square feet, for each dwelling unit or for each separate rentable unit in the case
of [boarding, rooming, or lodging houses, fraternity or sorority houses] lodge units.
(b) In case any of the permitted uses have [dormitories] lodg~g units, two beds shall
be equivalent to one separate rentable unit for purposes related to the required land area in the
RM district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RM district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
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(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) [Boarding facilities, rooming, or lodging houses] Lodging~C~.
(4) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand two hundred
square feet and a maximum of five employees.
(5) Community buildings, as permitted under section 25-4-11.
(6) Crop production.
(7) Dwellings, double-family or duplex.
(8) Dwellings, multiple-family.
(9) Dwellings, single-family.
(10) Golf club houses and country clubs where no structure or activity such as
pools and games, is located closer than two hundred feet to any property line.
(11) Golf course maintenance buildings.
(12) Golf courses, provided that the edge of a tee or green is not closer than
one hundred feet to any property line.
(13) Family child care homes.
(14) Group living facilities.
(15) Home occupations, as permitted under section 25-4-13.
(16) Meeting facilities.
(17) Model homes, as permitted under section 25-4-8.
(18) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
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(19) Public uses and structures, as permitted under section 25-4-11.
(20) Telecommunication antennas, as permitted under section 25-4-12.
(21) Temporary real estate offices, as permitted under section 25-4-8.
~l Time share utits and time share plans in areas designated resort b` the
General Plan LUPAG Man or in areas identified as resort areas bX the General Plan Land Use
].1~menL
j(22)]~ Utility substations, as permitted under section 25-4-11.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RM district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Cemeteries, crematoriums and mausoleums.
(3) Churches, temples and synagogues.
(4) Day care facilities.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities.
(7) Mortuaries.
(8) Schools.
(9) Yacht harbors and boating facilities.
(c)]Q~ Buildings and uses normally considered directly accessory to the use permitted
in this section shall also be permitted in the RM district.
Section 25-5-33. Height limit.
(a) In areas in the County outside of the City of Hilo, the height limit in the RM
district shall be forty-five feet.
1 Og ZONING CODRAFT 2-9
98
(b) In the City of Hilo, the height limit in the 12M district shall be one hundred twenty
feet.
Section 25-5-34. Minimum [building site] ]4I area. The minimum [building site] 14I
in the RM district shall be seven thousand five hundred square feet.
Section 25-5-35. Minimum [building site] ~ average width. Each [building site]
in the RM district shall have a minimum average width of sixty feet.
Section 25-5-36. Minimum yards. Minimum yards in the 1tM district shall be as
follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one story building, plus an additional two feet
for each additional story.
Section 25-5-37. Landscaping. Landscaping shall be provided on a minimum of
twenty percent of the total land area of any [building site] lot in the I2M district. Parking areas
shall not be included within the area required for landscaping on any [building site] Lot.
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any [building site] lot in the RM
district.
(b) Distance between buildings on the same [building site] 14I in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district.
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DRnFr z-alas
Division 4. RCX, Residential-Commercial Mixed Use Districts
Section 25-5-40. Purpose and applicability. The RCX (residential-commercial
mixed use) district provides for the mixing of some commercial uses with 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 area.
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential-commercial mixed use) district shall be designated on the
zoning map by the symbol "RCX" followed by a number which indicates the required land
area, in thousands of square feet for each dwelling unit, or for each separate rentable unit in
the case of [boarding, rooming, or lodging houses, fraternity or sorority houses] lodginE units,
or for each commercial unit.
(b) In case any of the permitted uses have [dormitories] lodgjne units, two beds shall
be equivalent to one separate rentable unit for purposes related to the required land area in the
RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5,
2, 2.5, 3, 3.5, 4 and upward in 0.5 increments.
Section 25-5-42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
110 ZONING CODE REVISION
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(4) Churches, temples and synagogues.
(5) Commercial or personal service uses, on a small scale, as approved by the
director.
(6) Community buildings, as permitted under section 25-4-11.
(7) Convenience stores.
(8) Crop production.
(9) Dwellings, double-family or duplex.
(10) Dwellings, multiple-family.
(11) Dwellings, single-family.
(12) Family child care homes.
(13) Golf club houses and country clubs where no structure or activity such as
pools and games, is located closer than two hundred feet to any property line.
(14) Golf course maintenance buildings.
(15) Golf courses, provided that the edge of a tee or green is not closer than
one hundred feet to any property line.
(16) Group living facilities.
(17) Home occupations, as permitted under section 25-4-13.
(18) Medical clinics.
(19) Meeting facilities.
(20) Model homes, as permitted under section 25-4-8.
(21) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(22) Public uses and structures, as permitted under section 25-4-11.
111 ZONING CODE REVISION
DRAFT 2-9/96
(23) Restaurants, including take-out restaurants.
(24) Telecommunication antennas, as permitted under section 25-4-12.
(25) Utility substations, as permitted under section 25-4-11.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RCX district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Cemeteries, crematoriums and mausoleums.
(3) Day care facilities.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Schools.
(8) Yacht harbors and boating facilities.
(c)]Q~1 Buildings and uses normally considered directly accessory to the above uses
shall also be permitted in the RCX district.
Section 25-5-43. Height limit. The height limit in the RCX district shall be forty-five
feet.
Section 25-5-44. Minimum [building site] lot area. The minimum [building site] lg~
area in the RCX district shall be seven thousand five hundred square feet.
Section 25-5-45. Minimmn [building site] lot average width. Each [building site]
14t 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:
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DRAFT 2-9/96
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one story building, plus an additional two feet
for each additional story.
Section 25-5-47. Landscaping. Landscaping shall be provided on a minimum of
twenty percent of the total land area of any building site in the RCX district. Parking areas
shall not be included within the area required for landscaping on any [building site] I9t.
Section 25-5-48. Commercial use restrictions.
(a) Where commercial uses are integrated with residential uses in the RCX district,
pedestrian access to the dwelling shall be independent from other uses and shall be designed to
enhance privacy for residents.
(b) No floor of any building in the RCX district shall be used for both dwelling and
commercial purposes.
Section 25-5-49. Other regulations.
(a) There may be more than one main building on any [building site] ~ in the RCX
district.
(b) Distance between buildings on the same [building site] ~ in the RCX district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RCX district.
Division 5. RA, Residential and Agricultural Districts
Section 25-5-50. Purpose and applicability. The RA (residential and agricultural)
district provides for activities or uses characterized by low density [large lot suburban or rural
areas where the principal use is residential mixed with compatible agricultural uses. It may be
113 ZONING CODE REVISION
DRAFT 2-9/96
characterized by residential estates, small farms, or subsistence lots] residential lots in rural
areas where "cily-like concentrations of peot~ structures. streets. and urban Leven of services
are absent. and where small farms are intermixed with low density residential lots. The RA
district is not intended to be within areas designated as being in the state land use agricultural
district.
Section 25-5-51. Designation of RA districts. Each RA (residential and agricultural)
district shall be designated on the zoning map by the symbol "1tA" followed by a number and
the lower case letter "a" which indicates the required or minimum number of acres for each
[building site] For example RA-la means a residential agricultural district with a
minimum [building site] ]41 area of one acre.
Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from any street bounding
the property.
[(3) Airfields, heliports and private landing strips.]
[(4)](3~ Animal quarantine stations.
[(5)](4~ Aquaculture.
[(6)]~ Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
[(7)](~ Crop production.
114 ZONING CODE REVISION
DRAFT 2-8/96
[(8)](Z1 Dwelling, single-family, one per [building site] 141•
[(9)]($1 Family child care homes.
[(10)](21 Golf club houses [and country clubs].
[(11)]~ Golf course maintenance buildings.
[(12)]!:111 Golf courses and golf driving ranees.
[(13)](121 Group living facilities.
[(14)]jj~ Home occupations, as permitted under section 25-4-13.
[(15)]~ Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable,
house, hutch, or other enclosure for the keeping of any permitted animal shall be located at
least [sixty] severn(y-five feet from [any dwelling unit] lot lines• In case the adjoining lot is
vacant and subsequently a dwelling unit is built on that lot, the anhnal enclosure shall be
moved to conform to the requirement of this paragraph.
[(16)](1.1 Public and private parks, [public] playgrounds, and other similar
public recreational areas that are essentially open lands.
[(17)]~L(z1 Public uses and structures, as permitted under section 25-4-11.
[(18)] 17,1 Roadside stands for the sale of agricultural products grown on the
premises.
[(19)](.1.$) Stables, commercial or boarding, dog kennels and catteries. provided
that such uses are located at least one hundred feet from lot lines and situated [when] on a
parcel of land containing at least five acres.
115 ZONING CODE REVISION
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[(20) Stadiums, sports arenas, driving ranges, and other similar open air
recreational uses.]
[(21)](1Q) Swimming parks, temmis [clubs and] courts, and other similar
outdoor recreational uses.
[(22)](2Q) Telecommunications antennas, as permitted under section 25-4-12.
[(23)]j211 Utility substations, as permitted under section 25-4-11.
[(24)](~ Veterinarian's offices, clinics or animal hospitals involving in-patient
boarding and out-patient services.
[(b) The following uses shall be permitted in the RA district, provided that if a
building site is located within the state land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest or resort ranches.
(6) Inns.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
116 ZONING CODE REVISION
DRAFT 2-8/96
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(c) The following uses may be permitted in the RA district, provided that either a use
permit is issued for each use if the building site is within the state land use urban district or a
special permit is issued for each use if the building site is within the state land use rural
district:
(1) Cemeteries, crematoriums and mausoleums.
(2) Churches, temples and synagogues.
(3) Day care facilities.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities
(6) Mortuaries.
(7) Schools.
(8) Yacht harbors and boating facilities.
(d)]~ Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
Section 25-5-53. Height limit. The height limit in the RA district shall be thirty-five
feet.
Section 25-5-5A. Minimum [building site] LQI area. The minimum [building site] ~t
area in the RA district shall be one-half acre. RA districts having larger areas may be
designated in increments of one-half acre up to a recommended maximum of three acres. The
recommended maximum does not specify an absolute upper limit for any [building site] 14S in
the RA district.
117 ZONING CODE REVISION
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Section 25-5-55. Minimum [building site] 1Qt average width. Each [building site]
14t in the RA district shall have a minimum average width of one hundred feet for the first
one-half acre of required area, plus twenty feet for each additional one-half acre of required
area; provided that no [building site] 14S shall be required to have an average width greater
than three hundred feet.
Section 25-5-56. Minimum yards. Minimum yards in the RA district shall be as
follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
Section 25-5-57. Other regulations. If any legal [building site] 14I in the RA district
has an area less than one-half acre, then the yard and height requirements for the [building
site] lv~ shall be the same as the yard requirements for the RS district.
"Division 6. AV, Village Agricultural Districts.
Section 25-6-60. Purpose and applicabili .The AV (Village Agricultural) district
provides for a blend of small-scale agricultural operations and attendant residential use which
may be characterized by farm estates, small acreage farms- or subsistence lots. The AV district is
intended to be in areas designated as being within the state land use agricultural district and
where public services and infrastructure are appropriate to support the very low density
residential needs of a rural community,
(al Lands to be classified within a Village Agricultural District shall be found by the
council to meet all of the following criteria:
ff l) The director has determined that no more than a minor portion of the property
is classified as A or B lands under the Land Study Bureau's Master Productivit,~gg or
l lc4 ZONING CODE REVISION
DRAFT 2-9/96
classified as "mime" "unique" or "other important" agricultural lands under the Agricultural
Lands of Importance to the State of Hawaii (ALISH~
X21 The proposed uses will not significantly and unreasonably conflict with
existing~grricultural uses in the azea and where substantial number of parcels are less than 5
acres in size:
(31 The proposed uses will not be detrimental to the stabilit~of the overall land
use pattern of the area:
(41 All public services and facilities necessazv for residential agricultural use are
readily available. including potable water. access. police and fire public roadways and
recreational facilities:
~5 The subjgct area is suitable for na_rt-time far_m__ing operations associated with
residential activities:
(61 The proposed rezoning is consistent with the existing General Plan and
community development plan designations and policies.
Section 25-5-61. Designation of AV districts. Each AV (Village Agricultural) district
shall be designated on the zoning man by the symbol "AV" followed by a number and the lower
case letter "a" which shall indicate the required number of acres per lot. For example AV-1 a
means a residential agricultural district with a minimum lot azea of one acre
Section 25-5-62 . Permitted uses.
(al The following uses shall be permitted in AV districts:
(11 Accessory~gricultural uses. including but not limited to the following
(Al fazm dwelling pursuant to section 25-5-67:
(B) farm buildings and storage facilities:
ZONING CODE REVISION
119 DRAFT 2-9/96
Ll vehicle and eauinment storage areas for farm and attendant
residential p~poses: and
(pl roadside stands for the sale of prod ~ c grown on the premises.
Agricultural parks.
(31~gricultural products processing. maior and minor. for products raised or
produced on the same lot by an agriculturalist or other agriculturalist provided that plan
approval is secured prior to commencing such use and:
(il the agricultural products produced on the same lot or
agricultural products of other agriculh~ralist are supplementary to the lot:
(ill the agricultural rod ~ produced on any portion of the lot
are substantiated with an agricultural activity assessed as its value for such use by the director
of finance for tax purposes; and
(iiil provided that the site or structure used for such processin¢.
storage or sale shall be located at least seventy-five feet from any lot line.
(41 Animal hospitals.
(51 Animal quarantine stations.
(61 Aquaculture.
(Zl Botanical gardens nurseries and green houses. seed farms. plant
~erimental station. arboretums- floriculture. and similar uses dealing with the growing of
plants.
(8 Campgrounds. parks. playgrounds. temmis courts swimming~ools. and
other similar open area recreational facilities. where none of the recreational features are
entire ,y enclosed in a building-.
12~ ZONING CODE REVISION
DRAFT 2-8/96
(91 Croceproduction.
(101 Dwelling. one single-fami .except where lots are classified within the
State Land Use Agricultural District, the single family dwelling shall be construed as a farm
dwelling if it is located on and used in connection with a farm or where agricultural activity
provides income to the family occup~ine the dwelling. In the case where a farm has not been
established on a lot. a farm dwelling agreement shall be entered into with the County to insure
that a farm will be established within three (years from the date that the building permit for the
farm dwelling is issued.
(111 Fertilizer yards utilizing only manure and soil. for commercial use.
(121 Forestrv.
(131 Game and fish prona~ation.
(141 Gold course maintenance buildines.
(151 Golf courses and driving ranges.
(16) Groun
leg facilities.
(171 Kennels.
X181 Livestock production,.provided that pjggeries. aviaries and pen feedine of
livestock shall orily be located on sites annroved by the state department of health and the
director. and must be located no closer than one thousand feet awav from anv maior public
street or from any other zonin¢ district.
(191 Public uses and structures which are necessary for agricultural practices.
(201 Retention. restoration. rehabilitation. or improvement of building or sites
of historic or scenic interest.
(211 Riding academies. and rental or boarding stables.
ZONING CODE REVISION
121 DRAFT 2-9/96
~2.~,1 Roadside stands for the sale of agricultural prod ~ c grown on the
premises.
(7.~1 Telecommutication antennas permitted under section 25-4-12.
(241 Utility substations. as permitted under section 25-4-11.
(251 Wind energy facilities.
Section 25-5-63. Height limits. The height limits in AV districts shall be forty-five
fit,.
Section 25-5-64. Miri±mum lot area. The minimum lot area to be designated for anv_
AV district shall be one acre. Other AV districts having larger areas may be designated in
increments of one acre up to a recommended maximum of five acres.
Section 25-5-65. Minimum lot average width. Fach lot must have a minimum
age width of one hundred twenty feet for the iiitial one acre of required area plus twenty
feet for each additional acre of required area.
Section 25-5-66. Minimum yards.
(al Minimum yards in AV districts shall be as follows:
(11 Front and rear yards: thirty feet.
(21 Side yards: twenty feet.
(bl In AV districts accessory buildings and enclosures (other than fences under eight
feet higl~l for the shelter and confinement of any livestock shall be at least one hundred feet
from the side and rear yard proper line.
(c) ADDropriate additional setbacks from adjacent residentially zoned lands may be
required by the director for those facilities and uses which may include more frequently used
122 ZONING CODE REVISION
DRAFT 2-9/96
machinery and eq~pment in order to minimize potential noise fighting. odor. vector and air
and water quality impacts.
4ection 25-5-67. Other regulations.
~ If any~l gal lot in an AV district has an area of less than one acre then the yard
and height r~q>Iairements for he lot shall be as determined in the RA districts
(b) Additional farm dwel in units shall be permitted onl~non the following
conditions:
(11 A farm dwelling~greement for the initial and all additional farm dwelling
units shall be executed between the owner(s) of the lot including any lessee(, having~.ease
tenure exceeding one vear from the execution date of the agreement and the County on a form
prepared by the~lanning director
(21 The agreement shall require the dwelling.to be used for farm-related purposes
(mil ir, add;t;on to the recauirements set forth in subsection (11 and (21 above each
additional farm dwelling unite shall require the submittal of an agricultural development and
~,cP program nr nthPr evidence of continual agricultural productivity or fanning oroeration for the
j rt lnr ~ n the p „Wing director Such program shall provide for and assure agricultural
productivity,. The subject lot( shall be used for agricultural productivity on a continual basis
and shall be qualified and classified as an agricultural use according to the applicable rnes of the
director of finance for real proroerky tax ascessmen~urnoses The landowner and/or lessee shall
Pr,rPr into a separate dedication agreement with the count, in accordance with the rules of the
director of finance for real property tax assessment putposes thereby committing the use of the
gubiect land area governed Li' the farm dwelling agreement for agricultural pu~oses for the
maximum term allowed by law
123 ZONING CODRAFT 2 e
96
Division [6]Z. A, Agricultural Districts
Section [25-5-60]5-5,~-
Q. Purpose and applicability. The A (agricultural) district
provides for agricultural and very low density aericulturally-based residential use, [on 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]
encomnassine rural areas of good to marginal agricultural and grazing land. forest land game
habitat, and areas where [or suburban or rural areas subject to] urbanization[, and a higher
density use] is not found to be anpropriate.
Section [25-5-61] ZS-S-Zb. Designation of A districts. Each A (agricultural) district
shall be designated on the zoning map by the symbol "A" followed by a number together with
the lower case letter "a" which indicates the required or minimum number of acres for each
[building site] 191. For example, A-l0a means an agricultural district with a minimum
[building site] 14t area of ten acres.
Section [25-5-62] 2$-r+~- Permitted uses.
(a) The following uses shall be permitted in the A district:
(11 Acceccon~ agricultural uses including but not limited to the following
(Q,l farm dwelling~nursuant to section 25-5-77:
(Bl farm buildings and storage facilities:
vehicle and equinment storage areas for farm and attendant
residential p
~mos~es: and
(Dl roadside stands for the sale of products grown on the premises.
[(1)]~ Agricultural parks.
124 ZONING CODRAFT 2-996
[(2)](3,1 Agricultural products processing, major and minor, provided that plan
approval is secured prior to commencing such use.
[(3)]~4) Animal hospitals.
[(4)](51 Animal quarantine stations.
[(5)](41. Aquaculture.
[(6)]~ Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
[(7)]($1 [Country clubs] Camnerounds, parks, [campgrounds,] playgrounds,
tennis courts, swimming pools, and other similar open area recreational facilities, where none
of the recreational features are entirely enclosed in a building.
[(8)](11 Crop production.
[(9)]!141 Dwelling, one single-family, [as permitted under chapter 205, Hawaii
Revised Statutes.] except where lots are classified within the State Land Use Agricultural
Di rict the irtgle family dwelling hall be construed as a farm dwelling if it is located on and
aced in connection with a fazm or where agricultural activity_provides income to the family
occ,~~~e the dwelling In the case where a fazm has not been established on a lot a farm
dwelling~greement shall be entered into with the Countv to insure that a farm will be established
within three (~yeazs from the date that the building~ermit for the farm dwelling is issued.
[(10) Farm dwellings.]
(11) Fertilizer yards utilizing only manure and soil, for commercial use.
(12) Forestry.
(13) Game and fish propagation.
125 ZONING CODRAFr 2-9 96
(14) Golf club houses.
(15) Golf course maintenance buildings.
(16) Golf courses and ,golf driving ranees.
[(17) Group living facilities.]
[(18)](171 Kennels.
[(19)]1$1 Livestock production, provided that piggeries, apiaries, and pen
feeding of livestock shall only be located on sites approved by the state department of health
and the director, and must be located no closer than one thousand feet away from any major
public street or from any other zoning district.
[(20)]11Q1 Public uses and structures which are necessary for agricultural
practices.
[(21)]~2Q1 Retention, restoration, rehabilitation, or improvement of building or
sites of historic or scenic interest.
[(22)](211 Riding academies, and rental or boarding stables.
[(23) Roadside stands for the sale of agricultural products grown on the
premises.]
[(24)](221 Telecommunication antennas, as permitted under section 25-4-12.
[(25)]i2~1 Utility substations, as permitted under section 25-4-11.
[(26) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing and livestock
production.]
[(27)](24). Wind energy facilities.
126 ZONING CODE REVISION
DRAFT 2-9/96
[(b) The following uses shall be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the state land use
agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Community buildings, as permitted under section 25-4-11.
(5) Excavation or removal of natural building material or minerals, for
commercial use.
(6) Family child care homes.
(7) Guest ranches.
(8) Home occupations, as permitted under section 25-4-13.
(9) Inns.
(10) t,odges and preserves.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Public dumps.
(14) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(15) Temporary real estate offices, as permitted under section 25-4-8.
(16) 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.
127 ZONING CODE REVISION
DRAFT 2-9/96
(17) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(c) 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 state land use agricultural
district or a special permit is issued for each use if the building site is within the state land use
agricultural district:
(1) Cemeteries, crematoriums and mausoleums.
(2) Churches, temples and synagogues.
(3) Day care facilities.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Schools.]
[(d)]~ Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
Section [25-5-63] 25-5-73. Height limit. The height limit in the A district shall be
thirty-five feet for any residential structure, including any [single-family dwelling, or] farm
dwelling, and forty-five feet for all other structures.
Section [25-5-64] 225-5-74 Minimum [building site] 14t area. The minimum
[building site] 142 area in the A district shall be [one acre] five acres. [Other A districts having
larger areas may be designated in increments of one acre up to a recommended maximum of
ten thousand acres.]
128 ZONING CODE REVISION
DRAFT 2-9/98
Section [25-5-65] 5?.~5-.1~. Minimum [building site] 1~ average width. Each
[building site] 141 in the A district shall have a minimum average width of [one] lx4 hundred
[twenty] feet for the first [acre] five acres of required area plus twenty feet for each additional
acre of required area. The maximum required average width for any [building site] 14S shall
be one thousand feet.
Section [25-5-66] Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) In the A 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.
(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
A district shall be at least ten feet, except where the A district 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 are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
129 ZONING CODE REVISION
DRAFT 2-9/96
(3) The A district shares common boundaries with urban zones and main
government roads.
Section [25-5-67] 25_5.71. Other regulations.
If any legal building site in the A district has an area of less than one acre, then the
yard and height requirements for the [building site] 141 shall be the same as the yard and height
requirements in the [RS] ~y district.
(bl Additional farm dwelling units shall be permitted only upon the following
conditions:
(11 A farm dwelling~ereement for the initial and all additional farm dwelling
units shall be executed between the owner(,~l of the lot. including any lessee(, having lease
tenure exceeding one yeaz from the execution date of the agreement. and the County on a form
prepared by the planning director.
(2) The agreement shall require the dwelling to be used for farm-related purooses.
(31 In addition to the requirements set forth in subsection and ~2I above. each
additional farm dwelling units, shall require the submittal of an agricultural development and
use program or other evidence of continual agricultural productivity or farming operation for the
subject 1 to the planning director. Such ~roeram shall provide for and assure agricultural
productivity. The subject lot(h) shall be used for agricultural productivity on a continual basis
and shall be qualified and classified as an agricultural use according to the applicable rues of the
director of finance for real propertv tax assessment ~rposes. The landowner and/or lessee shall
enter into a separate dedication agreement with the county in accordance with the rules of the
director of finance for real propertv tax assessment purposes, thereby committing the use of the
I30 ZONING CODE REVISION
DRAFT 2-9/96
subject land area governed by the farm dwelling agreement for agricultural purposes for the
maximum term allowed b~~
Division [7]$. IA, Intensive Agricultural Districts
Section [25-5-70] 5~5-
$4. Purpose and applicability. The IA (intensive agricultural)
district provides for the preservation of [highly productive lands for agricultural purposes]
imnortant agricultural lands as provided for in the general plan and characterized by a mix of
small and large scare commercial farms and other agricultural] operations which may include
residential use in the form of farm dwellings closely tied to intensive agricultural use. [ It
applies to rural areas of good agricultural lands and the intervening gullies and steep slopes
which are not subject to urbanization or higher density uses as spelled out in the general plan.]
The lands in the Intensive Agricultural zoning district shall be those lands which have the soil.
auality,_,
rg owing season- and moisture sunoly needed to sustain high yields of crops eenerally
or of specific crops of statewide or local importance when managed according to modern
farming methods. All IA districts shall be located within the state land use agricultural or
conservation district.
Section [25-5-71] 25-5-81. Designation of IA districts. The IA (intensive
agricultural) district shall be designated by the symbol "IA" followed by a number together
with the lower case letter "a" which indicates the required or minimum number of acres for
each [building site] 1~.
Section [25-5-72] 25.5.82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(11 Accessory~gricultural uses including but not limited to the following
(,9,1 farm dwelling- pursuant to section 25-5-87:
131 ZONING CODE REVISION
DRAFT 2-9/96
(Bl farm buildings and storage facilities:
(C) vehicle and egltlpment storage areas for farm and attendant
residential pyr~oses: and
(Dl roadside stands for the sale of products grown on the premises.
(1) Agricultural parks.
(2) Agricultural products processing, major and minor, provided that plan
approval is secured prior to commencing such use.
(3) Aquaculture.
(4) Crop production.
(5) [Farm dwellings] Dwelling one single-family. except where lots are
classified within the State Land Use Agricultural District the single family dwelling shall be
construed as a farm dwelling if it is located on and used in connection with a farm or where
agricultural activity-nrovides income to the family occupying the dwelling. In the case where a
farm has not been established on a lot. a farm dwelling agreement shall be entered into with the
Co n y to insure that a farm will be established within three (3Lyears from the date that the
building permit for the farm dwelling is issued..
(6) Forestry.
(7) Livestock production, provided that piggeries, apiaries and pen feeding of
livestock shall not be closer than one thousand feet to any major road or to any district other
than the A district on building sites approved by the state department of health and the
director.
(8) Public uses and structures which are necessary for agricultural practices.
(9) Telecommunication antem~as, as permitted under section 25-4-12.
132 ZONING CODE REVISION
DRAFT 2-9/96
(10) Utility substations, as permitted under section 25-4-11.
[(b) The following uses may be permitted in the IA districts, provided that a special
permit 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) Hospitals.
(6) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
(7) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.]
[(c)](4~ In IA districts in areas with over thirty percent slope, in gullies, and where
rough terrain discourages intensive agricultural uses, the director may approve any other uses
which are permitted in the RA or A districts.
[(d)]~ Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the IA district.
Section [25-5-73] 2~5-5,$~. Height limit. The height limit in the IA district shall be
thirty-five feet for any [residential structure, including any] farm dwelling, and forty-five feet
for all other structures. The director may, however, permit by plan approval, any non-
residential agricultural structures to be constructed to a height of one hundred feet, if the
director determines that the additional height above the forty-five foot height limit is
necessary.
133 ZONING CODE REVISION
DRAFT 2-9/98
Section [25-5-74] 25-5-84. Minimum [building site] !4t area. The minimum
[building site] area in the IA district shall be [three] five acres. [The recommended
maximum building site is ten thousand acres.]
Section [25-5-75] Minimum [building site] 14t_average width. Each
[building site] 14I in the IA district shall have a minimum average width of one hundred sixty
feet for the first [three] f1Y~ acres of required area, plus twenty feet for each additional acre of
required area. The maximum required average width for any [building site] 141 shall be one
thousand feet.
Section [25-5-76] 25-5-86. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards required in the IA
district shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) In the IA 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.
(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 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:
134 ZONING CODE REVISION
DRAFT 2-9/96
(1) Exterior walls of any type other than saran are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The IA district shares common boundaries with urban zones and main
government roads.
Section 25-5-77. Other regulations.
l,~,LIf any [building site] 14I in the IA district has an area of less than [three] f1Y@ acres,
then the minimum yards shall be the same as the yards in an [I2A] ~1y district having an area
requirement nearest to that of the subject [building site] 9t in the IA district.
~ Additional farm dwelling units shall be permitted on1,L,pon the following
conditions:
(11 A farm dwelling agreement for the initial and all additional farm dwelling
units shall be executed between the owner(s) of the lot including anv lessee(s) having lease
tenure exceeding one vear from the execution date of the agreement. and the County on a form
prepared by the planning irector.
(2~~greement shall require the dwelling to be used for farm-related p~poses
(31 In addition to the requirements set forth in subsection (1L(2) above. each
additional farm dwelling unit(, shall require the submittal of an agricultural development and
use ~roeram or other evidence of continual agricultural noductivity or farming operation for the
subject lots to the planning director. Such pl4gram shall provide for and assure~ricultural
productivity. The subjgrt lot(~1 shall be used for agricultural productivity on a continual basis
and shall be qualified and classified as an agricultural use according to the applicable rues of the
director of finance for real pro e~rty tax assessment purposes. The landowner and/or lessee shall
135 ZONING CODE REVISION
DRAFT 2-9/96
enter into a separate dedication agreement with the county. in accordance with the rules of the
director of finance for real property tax assessment numoses, thereby committingThe use of the
subject land azea governed by the farm dwelling agreement for agricultural poses for the
maximum term allowed b
Division [8] Q. V, Resort-Hotel Districts
Section [25-5-80] Z5
5_-QQ. 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 are available or where
suitable alternate private facilities are assured. It may apply to a single isolated hotel or resort
with or without a commercial mall or shopping section.
Section [25-5-81] 25-5-91. Designation and density of V districts.
(a) Each V (resort-hotel) district shall be designated on the zoning map by the symbol
"V" followed by a number which indicates the required land area, in thousands of square feet,
i
for each dwelling unit or for each separate rentable unit in the case of hotels, resorts inns,
lodges, motels, motor hotels, motor lodges, or other similar rentable units.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the V district.
(c) Maximum density designation in the V district shall be .75 or seven hundred fifty
square feet of land area for each dwelling unit or separate rentable unit.
(d) In the V district, no limitation shall be placed on the increments used between the
various density designations; however, the recommended incremental density designations are:
.75, 1, 1.25, 1.5 and upward in 0.25 increments.
Section [25-5-82] 25~-Q~. Permitted uses.
136 ZONING CODE REVISION
DRAFT 2-9/96
(a) The following uses shall be permitted in the V district:
(1) Adult day care homes.
(2) Amusement and recreational facilities, indoor.
(3) Art galleries, museums.
(4) Automobile service stations.
(5) Bed and breakfast establishments, as permitted under section 25-4-7.
(6) Business services.
(7) Cabarets, night clubs and dance halls.
(8) Churches, temples, and other institutions of religious, cultural,
philanthropic or charitable nature.
(9) Commercial parking lots and garages.
(10) Community buildings, as permitted under section 25-4-11.
(11) Day care facilities.
(12) Dwellings, double-family or duplex.
(13) Dwellings, multiple-family.
(14) Dwellings, single-family.
(15) Family child care homes.
(16) Financial institutions.
(17) Golf clubhouses.
(18) Golf course maintenance buildings.
(19) Golf courses and gglf driving ranges.
(20) Group living facilities.
(21) Home occupations, as permitted under section 25-4-13.
. 137 ZONING CODE REVISION
DRAFT 2-9/98
(22) Hotels.
(23) Inns.
(24) bodges.
(25) Medical clinics.
(26) Meeting facilities.
(27) Major outdoor amusement and recreation facilities.
(28) Model homes, as permitted under section 25-4-8.
(29) Parks.
(30) Personal services.
(31) Photography studios.
(32) Public uses and structures, as permitted under section 25-4-11.
(33) Restaurants[, including take-out restaurants].
(34) Retail establishments.
(35) Telecommunication antennas, as permitted under section 25-4-12.
(36) Temporary real estate offices, as permitted under section 25-4-8.
(37) Time share units.
(38) Utility substations, as permitted under Section 25-4-11.
(39) Visitor information centers.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the V district, provided that a use permit is issued for each use:
(1) Cemeteries, crematoriums and mausoleums.
(2) Hospitals, sanitariums, old, age, convalescent, nursing and rest homes.
(3) Yacht harbors and boating facilities.
138 ZONING CODE REVISION
DRAFT 2-9/96
(c)]Q~ Buildings and uses normally considered directly accessory to the uses permitted
in this section shall also be permitted in the V district.
Section [25-5-83] 52.59- Height limit.
(a) The height limit in the V district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the V district in the City of Hilo shall be one hundred twenty
feet.
(c) The height limit in the V district at Keauhou Bay and Kahaluu Bay shall be ninety
feet.
Section [25-5-84] 25-5-94. Minimum [building site] ~ area. The minimum
[building site] 194 in the V district shall be fifteen thousand square feet.
Section [25-5-85] 25-5-95• Minimum [building site] LQt average width. Each
[building site] 142 in the V district shall have a minimum average width of ninety feet.
Section [25-5-86] 25-5-96. Minimum yards.
The minimum yards in the V district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for one story, and an additional two feet for each
additional story.
Section [25-5-87] 52.5)-~
Z. Landscaping. Landscaping shall be provided on a
minimum of twenty percent of the total land area of any [building site] )gamin the V district.
Parking areas shall not be included within the area required for landscaping on any [building
site] 142.
Section [25-5-88] 25_5_98. Other regulations.
139 ZONING CODE REVISION
DRAFT 2-9/9fi
(a) More than one main building may be situated on any [building site] ~ in the V
district.
(b) The distance between main buildings on one [building site] ]g~ in the V district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the V district.
Division [9] 14. CN, Neighborhood Commercial Districts
Section [25-5-90] 25-5-100• Purpose and applicability. The CN (neighborhood
commercial) district applies to strategically located centers suitable for commercial activities
which shall be of such size and shape as will accommodate a compact shopping center which
supplies goods and services to a residential or working population on a frequent need or
convenience basis. This district is distinguished from a central commercial district which
provides general business and broad services to a city or region.
Section [25-5-91] 25-5-101. Designation of CN districts. Each CN (neighborhood
commercial) district shall be designated by the symbol "CN" followed by a number which
indicates the minimum land area, in thousands of square feet, required for each [building site]
19t~
14~ ZONING CODE REVISION
DRAFT 2-9/88
Section [25-5-92~ 52. 5 1- 4~. Permitted uses.
(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(2) Automobile service stations
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty square feet of land area per rentable
unit or dwelling unit.
(5) Business services.
(6) Churches, temples and synagogues.
(7) Community buildings, as permitted under section 25-4-11.
(8) Convenience stores.
(9) Crop production.
(10) Day care facilities.
(11) Drive-thru establishments.
(12) 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.
(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.
(16) Financial institutions.
141 ZONING CODE REVISION
DRAFT 2-9/96
(17) Group living facilities.
(18) Home occupations, as permitted under section 25-4-13.
(19) Libraries.
(20) Medical clinics.
(21) Meeting facilities.
(22) Model homes, as permitted under section 25-4-8.
(23) Mortuaries.
(24) Museums.
(25) Neighborhood parks, playgrounds, tennis courts,'swimming pools, and
similar neighborhood recreational areas and uses.
(26) Offices.
(27) Open air markets.
(28) Personal services.
(29) Photography studios.
(30) Public uses and structures, as permitted under section 25-4-11.
(31) Repair establishments, minor.
(32) Restaurants, including take-out restaurants.
(33) Retail establishments.
(34) Schools.
(35) Telecommunication antennas, as permitted under section 25-4-12.
(36) Theaters.
(37) Utility substations as permitted under Section 25-4-11.
ZONING CODE REVISION
142 f]RAFT ~-4/4F
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the CN district, provided that a use permit is issued for each use:
(1) Cemeteries, crematoriums and mausoleums.
(c)](h) Buildings and uses normally considered directly accessory to the uses permitted
in this section shall also be permitted in the CN district.
Section [25-5-93] 25-55=143. Height limit. The height limit in the CN district shall be
forty feet.
Section [25-5-94] 25-5-1([4. Minimum [building site] !2~ area. The minimum
[building site] >Qt area in the CN district shall be seven thousand five hundred square feet.
Section [25-5-95] 25-515[5. Minimum [building site] l4I average width. Each
[building site] Qt in the CN district shall have a minimum average width of sixty feet.
Section [25-5-96]2~51Q¢. Minimum yards. The minimum yards in the CN district
shall be as follows:
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining [building site] Let is in a RS,
RD, RM, RCX or V district. Where the side yard adjoins the side yard of a [building site] 14t
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 adjoining district.
Section [25-5-97] 25,51Q7. Landscaping of yards.
(a) All front yards in the CN district shall be landscaped, except for necessary access
drives and walkways.
(b) Where any required side or rear yard in the CN district adjoins a [building site] Lot
in a RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening
143 ZONING CODE REVISION
DRAFT 2-9/96
hedge not less than forty-two inches in height, within five feet of the property line, except for
necessary drives and walkways.
Section [25-5-98] 2,~
5
1Q$. Other regulations.
(a) In conjunction with plan approval, the director may require the construction of a
continuous eave overhanging the front property line in the CN district. The director may also
require that the eave be of similar height and design in any one block of the CN district.
(b) Plan approval shall be required for all new structures and additions to existing
structures in the CN district.
Division [10] 11. CG, General Commercial Districts
Section [25-5-100]25=11Q. Purpose and applicability.
(a) The CG (general commercial) district applies to an area suitable for commercial
uses and services on a broad basis to serve as the central shopping or principal downtown area
for a city or a region.
(b) No CG district shall be established until there is a demonstrated need for such
action and no two CG districts shall be established in such relationship to each other that they
cannot act as one center and yet are too close together to serve two distinct regions.
Section [25-5-101] Z5-5-111. Designation of CG districts. Each CG (general
commercial) district shall be designated by the symbol "CG" followed by a number which
indicates the minimum land area, in thousands of square feet, required for each [building site]
Lot.
Section [25-5-102] 25.5.112. Permitted uses.
(a) The following uses shall be permitted uses in the CG district:
(1) Adult day care homes.
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(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars and cocktail lounges, nightclubs and cabarets.
(8) Bed and breakfast establishments, as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty square feet of land area per rentable
unit or dwelling unit.
(10) Broadcasting stations.
(11) Business services.
(12) Car washing, provided that it is mechanized in sound attenuated
structures, or sound attenuated walls are erected and maintained on the property lines.
(13) Catering establishments.
(14) Churches, temples and synagogues.
(15) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as
the cleansing agent.
(16) Commercial parking lots and garages.
(17) Community buildings, as permitted under section 25-4-11.
(18) Convenience stores.
(19) Crop production.
(20) Day care facilities.
145 ZONING CODRAFT 2-9 96
(21) Display rooms for products sold elsewhere.
(22) Drive-thru establishments.
(23) 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-family, provided that the maximum density shall be
seven hundred fifty square feet of land area per rentable unit or dwelling unit.
(25) Dwellings, single-family.
(26) Equipment sales and rental yards, and other yards where retail products
are displayed in the open.
(27) Family child care homes.
(28) Farmers markets, provided that the products are limited to the selling of
local fresh and/or raw produce,
(29) Fittancial institutions.
(30) Golf clubhouses.
(31) Golf course maintenance buildings.
(32) Golf courses and driving ranees.
(33) Group living facilities.
(34) Home occupations, as permitted under section 25-4-13.
(35) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(36) Hotels.
(37) Ice storage and dispensing facilities.
146 ZONING CODRAFT 2 9 96
(38) Inns.
(39) Laboratories, medical and research.
(40) Laundries.
(41) Light manufacturing, processing and packaging, where the only retail
sales outlet for products produced is on the premises where produced.
(42) Medical clinics.
(43) Meeting facilities.
(44) Model homes, as permitted under section 25-4-8.
(45) Mortuaries.
(46) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(47) Offices.
(48) Open air markets.
(49) Personal services.
(50) Photography studios.
(51) Public uses and structures, as permitted under section 25-4-11.
(52) Printing shops, cartographing and duplicating processes such as
blueprinting or photostating shops.
(53) Repair establishments, minor.
(54) Restaurants, including take-out restaurants.
(55) Retail establishments.
(56) Schools.
(57) Telecommunication antennas, as permitted under section 25-4-12.
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147 ORAFf z-siss
(58) Theaters.
(59) Utility substations, as permitted under section 25-4-11.
(60) Veterinarian establishments in sound attenuated buildings.
(61) Yacht harbors and boating facilities.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the CG district, provided that a use permit is issued for each use:
(1) Cemeteries, crematoriums and mausoleums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c)]!]21 Residential uses in connection with the operation of any permitted use shall be
permitted in the CG district.
[(d)]~ Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CG district.
Section [25-5-103] 25-5-113. Height limit.
(a) The height limit in the CG district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the City of Hilo shall be one hundred twenty feet.
(c) The height limit in those areas in the North Kona district designated as high
density urban on the general plan land use pattern allocation guide (LUPAG) map shall be
ninety feet.
Section [25-5-104] 25-5-114. Minimum [building site] 1Qt area. The minimum
[building site] ]41 area in the CG district shall be seven thousand five hundred square feet.
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Section [25-5-105] 25-5-115. Minimum [building site] 141 average width. Each
[building site] 141 in the CG district shall have a minunum [building site] )gamaverage width of
sixty feet.
Section [25-5-106] 25~-11¢. Minimmn yards. The minimum yards in the CG
district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining [building site] 141 is in a RS,
RD, RM or RCX district. Where the side yard adjoins the side yard of a [building site] 141 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 adjoining district.
Section [25-5-107] Z5~-11'Z. Landscaping of yards.
(a) All front yards in the CG district shall be landscaped, except for necessary access
drives and walkways.
(b) Where any required side or rear yard in the CG district adjoins a [building site] 141
in a RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening
hedge not less than forty-two inches in height, within five feet of the property line, except for
necessary drives and walkways.
Section [25-5-108] 25_5_118. Other regulations. Plan approval shall be required for
all new structures and additions to existing structures in the CG district.
Division [ll] CV, Village Commercial Districts
Section [25-5-110] 25-5-120. Purpose and applicability. The CV (village
commercial) district provides for a broad range or variety of commercial and light industrial
uses that are necessary to serve the population in rural areas where the supplementary support
ZONING CODE REVISION
149 DRAFT 2-9/96
of the general business uses and activities of a central commercial district is not readily
available.
Section [25-5-111] 25~-121. Designation of CV districts. Each CV (Village
Commercial) district shall be designated by the symbol "CV" followed by a number which
indicates the minimum land area, in number of thousands of square feet, required for each
[building site] Lp1.
Section [25-5-112] 2~5=122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars and cocktail lounges.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty square feet of land area per rentable
unit or dwelling unit.
(9) Business services.
(10) Churches, temples and synagogues.
(11) Commercial parking lots and garages.
(12) Community buildings, as permitted under section 25-4-11.
(13) Convenience stores.
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150 DRAFT 2-9/96
(14) Crop production.
(15) Day care facilities.
(16) Drive-thru establishments.
(17) 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.
(18) 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.
(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.
(25) Golf courses and driving ran¢es.
(26) Group living facilities.
(27) Home occupations, as permitted under section 25-4-13.
(28) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(29) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(30) Inns.
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(31) Laboratories, medical and research.
(32) Libraries.
(33) Lodges.
(34) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail establishments located
in the immediate community, as approved by the director.
(35) Medical clinics.
(36) Meeting facilities.
(37) Model homes, as permitted under section 25-4-8.
(38) Mortuaries.
(39) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(40) Offices.
(41) Open air markets.
(42) Personal services.
(43) Photography studios.
(44) Public uses and structures, as permitted under section 25-4-11.
(45) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops, which are
designed to primarily serve the local area.
(46) Repair establishments, major, when there are not more than five
employees, as approved by the director.
(47) Repair establishments, minor.
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152 DRAFT 2-9/96
(48) Restaurants, including take-out restaurants.
(49) Retail establishments.
(50) Schools.
(51) Telecommunication antennas, as permitted under section 25-4-12.
(52) Temporary real estate offices, as permitted under section 25-4-8.
(53) Theaters.
(54) Utility substations, as permitted under section 25-4-11.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the CV district, provided that a use permit is issued for each use:
(1) Cemeteries, crematoriums and mausoleums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c)]~ Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
[(e)]~ Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
Section [25-5-113] 25-5-123. Height limit. The height limit in the CV district shall
be thirty feet.
Section [25-5-114] 25-5-124. Minimum [building site] Lflt area. The minimum
[building site] ]g~ area in the CV district shall be seven thousand five hundred square feet.
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Section [25-5-115] 25~-125. Minunum [building site] 1~ average width. Each
[building site] 141 in the CV district shall have a minimum [building site] lQt average width of
sixty feet.
Section [25-5-116] 25-5-126. Minimum yards. The minimum yards in the CV
district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining [building site] 1sI is in a RS,
RD, RM or RCX district. Where the side yard adjoins the side yard of a [building site] LoS_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 adjoining district.
Section [25-5-117]25.5.127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways.
(b) Where required side or rear yard in the CV district adjoins a [building site] 14I in a
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge
not less than forty-two inches in height, within five feet of the property line, except for
necessary drives and walkways.
Section [25-5-118] 2~-5 12$. Other regulations. Plan approval shall be required for
all new structures and additions to existing structures in the CV district.
Division [12] MCX. Industrial-Commercial Mixed Districts
Section [25-5-120] ~-5
1.~Q. Purpose and applicability. The purpose of the MCX
(industrial-commercial mixed use) district is to allow mixing of some industrial uses with
commercial uses. The intent of this district is to provide for areas of diversified businesses
ZONING CODE REVISION
154 DRAFT 2-9/96
and employment opportunities by 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] 25-5-131. Designation of MCX districts. Each MCX (industrial-
commercial mixed use) district shall be designated by the symbol "MCX" followed by a
number which indicates the minimum land area, in number of thousands of square feet,
required for each [building site] 141.
Section [25-5-122] 25_5_132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars, nightclubs, taverns and dance halls.
(7) Broadcasting stations.
(8) Business services.
(9) Car washing.
(10) Catering establishments.
(11) Churches, temples and synagogues.
(12) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as
the cleaning agent.
(13) Commercial pazking lots and garages.
155 ZONING CODE REVISION
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(14) Community buildings, as permitted under section 25-4-11.
(15) Convenience stores.
(16) Data processing facilities.
(17) Day-care facilities.
(18) Drive-through establishments.
(19) Financial institutions.
(20) Food manufacturing and processing.
(21) Home improvement centers.
(22) Kennels, commercial, including animal pounds and shelters, provided
kennels for more than two animals shall be sound attenuated.
(23) Laboratories, medical and research.
(24) Manufacturing, processing and packaging establishments,light.
(25) Medical clinics.
(26) Meeting facilities.
(27) Motion picture and television production studios.
(28) Offices.
(29) Photographic processing.
(30) Photography studios.
(31) Plant nurseries.
(32) Public uses and structures, as permitted under section 25-4-11.
(33) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(34) Repair establishments, minor.
156 ZONING CODE REVISION
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(35) Restaurants[, including take-out restaurants].
(36) Retail establishments.
(37) Sales and service of machinery used in agricultural production.
(38) Schools, business.
(39) Schools, photography, art, music and dance.
(40) Schools, vocational.
(41) Self-storage facilities.
(42) Telecommunications antennas, as permitted under section 25-4-12.
(43) Temporary real estate offices, as permitted under section 25-4-8.
(44) Theaters.
(45) Utility substations, as permitted under section 25-4-11.
(46) Veterinary establishments in sound-attenuated buildings.
(47) Warehousing.
(48) Wholesaling and distribution operations.
[(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) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c)](~ Buildings and uses normally considered directly accessory to the uses permitted
in this section shall also be permitted in the MCX district.
Section [25-5-123] 25-5-133. Height limit. The height limit in the MCX district shall
be forty-five feet.
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Section [25-5-124] 25-5-134. Minimum [building site] 14t area. The minimum
[building site] 141 area in the MCX district shall be twenty thousand square feet.
Section [25-5-125] 25-5-135. Minimmn [building site] 101 average width. Each
[building site] 101 in the MCX district shall have a minimum [building site] 124 average width
of ninety feet.
Section [25-5-126] 25-5-136. Minimum yards. The minimum yards in the MCX
district shall be as follows:
(1) Front yards, twenty feet; and
(2) Side and rear yards, none, except where the adjoining [building site] 141 is
in a RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or
rear yard of a [building site] 141 in an RS, RD, RM or RCX zoned district, there shall be a
side or rear yard which conforms to the side or rear yard requirements for dwelling use of the
adjoining district.
Section [25-5-127] 25.5.137. Landscaping of yards.
(a) All front yards in the MCX district shall be landscaped, except for necessary
access drives and walkways.
(b) Any required side or rear yard in the MCX district adjoining a [building site] 141 in
an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than
forty-two inches in height, within five feet of the property line, except for necessary drives
and walkways.
Section [25-5-128] 25-5-13g. Other regulations. Plan approval shall be required for
all new structures and additions to existing structures in the MCX district.
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Division [13] 14. ML, Limited Industrial Districts
Section [25-5-130] 2~-~-L4Q. Purpose and applicability. The ML (limited industrial)
district applies to areas for business and industrial uses which are generally in support of but
not necessazily compatible with those permissible activities and uses in other cotnmercial
districts.
Section [25-5-131] 25-5-L41. Designation of ML districts. Each ML (limited
industrial) district shall be designated by the symbol "ML" followed by a number which
indicates the minimum land area, in thousands of square feet, required for each [building site]
]s4.
Section [25-5-132] 25_5_142. Permitted uses.
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Anirnal quazantine stations.
(5) Aquaculture activities.
(6) Automobile and truck storage facilities.
(7) Automobile and truck sales and rentals.
(8) Automobile service stations.
(9) Bakeries.
(10) Broadcasting stations.
(11) Car washing.
159 ZONING CODRAPT 2 9 98
(12) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(13) Catering establishments.
(14) Churches, temples and synagogues.
(15) Cleaning and dyeing plants.
(16) Commercial parking lots and garages.
(17) Community buildings, as permitted under section 25-4-11.
(18) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(19) Day care facilities.
(20) Drive-thru facilities.
(21) Financial institutions.
(22) Food manufacturing and processing facilities.
(23) Greenhouses, plant nurseries.
(24) Heavy equipment sales, service and rental.
(25) Home improvement centers.
(26) Junk yards, provided that the building site is not less than one acre in
area.
(27) Laboratories, medical and research.
(28) Laundries.
(29) Lumber yards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building frames.
(30) Manufacturing, processing and packaging establishments, light.
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(31) Motion picture and television production studios.
(32) Photographic processing.
(33) Plumbing, electrical, air conditioning and heating establishments.
(34) Public uses and structures, as permitted under section 25-4-11.
(35) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(36) Recycling centers, which do not involve the processing of recyclable
materials.
(37) Repair establishments, minor.
(38) Restaurants[, including take-out restaurants].
(39) Self storage facilities.
(40) 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.
(43) Transportation and tour terminals.
(44) Truck, freight and draying terminals.
(45) Utility facilities, public and private, including offices or yards for
equipment, material, vehicle storage, repair or maintenance.
(46) Utility substations, as permitted under section 25-4-11.
(47) Veterinary establishments.
(48) Vocational schools.
161 ZONING CODE REVISION
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(49) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(50) Wholesaling and distribution, including the storage of incidental materials
and equipment, except for highly flammable or explosive products.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the ML district, provided that a use permit is issued for each use:
(1) Cemeteries, crematoriums and mausoleums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c)]~ The following uses shall be permitted in the ML district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the
operation of any permitted use.
(2) Retail sales.
(3) Services for persons working in a ML district which are conducted within
an integral part of a main structure with entrances from the interior of the building and which
have no display or advertising visible from the street.
[(d)]~ Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted in the ML district.
Section [25-5-133] 25-5-143. Height limit. The height limit in the ML district shall
be forty-five feet.
Section [25-5-134] 25-5-144. Minimum [building site] ~ area. The minirnum
[building site] Lot area in the ML district shall be ten thousand square feet.
162 ZONING CODRAFT ZS9
96
Section [25-5-135] 25-5-145. Minimum [building site]~t average width. Each
[building site] 14t in the ML district shall have a minimum [building site] ]91 average width of
seventy-five feet.
Section [25-5-136]25 •5-~4¢. Minimum yards. Minimum yards in the ML district
shall be as follows:
(1) Front yard, fifteen feet; and
(2) Side and rear yards, none, except where the adjoining [building site] 14I is
in a RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or
rear yard of a [building site] l9t in an RS, RD, RM or RCX district, there shall be a side or
rear yard which conforms to the side or rear yard requirements for dwelling use of the
adjoining district.
Section [25-5-137] 25.5_147. Other regulations.
(a) All front yards in the ML district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the ML district adjoins a [building site] ~
in a RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening
hedge not less than forty-two inches in height, along the side or rear property lines so
adjoining, except for necessary drives and walkways.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the ML district.
163 ZONING CODRAFT 2 9 96
Division [14] 15. MG, General Industrial Districts
Section [25-5-140] 25-5-150. Purpose and applicability. The MG (general
industrial) district applies to areas for uses that are generally considered to be offensive or
have some element of danger.
Section [25-5-141] ~$=5=11. Designation of MG districts. Each MG (general
industrial) district shall be designated by the symbol "MG" followed by a number which
indicates the minimum land area, in number of thousands of square feet, required for each
[building site] 141, or if the number is followed by the symbol "a," by the minimum number of
acres required for each [building site] 191.
Section [25-5-142] 5~~. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Animal sales, stock, and feed yards.
(6) Aquaculture activities and facilities.
(7) Automobile and truck storage facilities.
(8) Automobile body and fender establishments.
(9) Automobile service stations.
(10) Bakeries.
(11) Breweries, distilleries, and alcohol manufacturing facilities.
(12) Broadcasting stations.
164 ZONING CO DRAFT 2-996
(13) Bulk storage of flammable products and bulk storage of explosive
products.
(14) Car washing.
(15) Catering establishments.
(16) Churches, temples and synagogues.
(17) Cleaning and dyeing plants.
(18) Commercial parking lots and garages.
(19) Community buildings, as permitted under section 25-4-11.
(20) Concrete or asphalt batching and mixing plants and yards.
(21) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(22) Day care facilities.
(23) Drive-thru facilities.
(24) Dumping, disposal, incineration, or reduction of refuse or waste matter.
(25) Fabricating establishments.
(26) Fertilizer manufacturing plants.
(27) Financial institutions.
(28) Food manufacturing and processing facilities.
(29) Freight movers.
(30) Greenhouses, plant nurseries.
(31) Heavy equipment sales, service and rental.
(32) Home improvement centers.
(33) Junk yards.
165 ZONING CODRAFT 2 9
98
(34) Kennels.
(35) Laboratories, medical and research.
(36) Laundries.
(37) Lava rock or stone cutting or shaping facilities.
(38) Lumber yards and building material yards.
(39) Machine, welding, sheet metal, and metal plating and treating
establishments.
(40) Manufacturing, processing and packaging establishments, light and
general.
(41) Marine railways, drydocks, and ship or boat yards.
(42) Motion picture and television production studios.
(43) Photographic processing.
(44) Public dumps.
(45) Public uses and structures, as permitted under section 25-4-11.
(46) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(47) Recycling centers.
(48) Reduction, refining, smelting, or alloying of metals, petroleum products
or ores.
(49) Repair establishments, major and minor.
(50) Restaurants[, including take-out restaurants].
(51) Saw mills.
(52) Self storage facilities.
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(53) Slaughterhouses.
(54) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(55) Storage, curing, or tanning of raw, green, or salted hides or skins.
(56) Telecommunication antennas, as permitted under section 25-4-12.
(57) Temporary real estate offices, as permitted under section 25-4-8.
(58) Transportation and tour terminals.
(59) Truck, freight and draying terminals.
(60) Utility facilities, public and private, including power plants, offices or
yards for equipment, material, vehicle storage, repair or maintenance.
(61) Utility substations, as permitted under section 25-4-11.
(62) Veterinary establishments.
(63) Warehousing.
(64) Wholesaling and distribution, including the storage of incidental materials
and equipment.
(65) Yacht harbors and boating facilities.
[(b) In addition to those uses permitted under subsection (a) 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) Major outdoor amusement and recreation facilities.
(c)](>zl Any other use not otherwise permitted in subsection (a) that relates to the
manufacturing, transportation, processing, assembling, distributing, repairing, and storage of
goods, products, or materials, shall be permitted in the MG district.
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[(d)]!s1 The following uses shall be permitted in the MG district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the
operation of any permitted use.
(2) Retail sales.
(3) Services for persons working in a MG district which are conducted within
an integral part of a main structure with entrances from the interior of the building and which
have no display or advertising visible from the street.
[(e)]~ Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted in the MG district.
Section [25-5-143] Height limit. The height limit in the MG district shall
be fifty feet. An industrial structure may be built to a height of one hundred feet, provided the
extra height is determined by the director to be functionally necessary.
Section [25-5-144] 25-5-154. Minimum [building site] 142 area. The minimum [site]
142 area in the MG district shall be twenty thousand square feet.
Section [25-5-145] 25-5-155. Minimum [building site] 142 average width. Each
[building site] L42 in the MG district shall have a minirnum [building site] 142 average width of
one hundred feet.
Section [25-5-146] 25.E-1~. Minimum yards.
The minirnum yards in the MG district shall be as follows:
(1) Front yard, twenty feet; and
(2) Side and rear yards, none, except where the adjoining [building site] ~ is
in a RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or
168 ZONING CODE REVISION
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rear yard of a [building site] ]lam in an RS, RD, RM or RCX district, there shall be a side or
reaz yazd which conforms to the side or rear yard requirements for dwelling use of the
adjoining district.
Section [25-5-147] 25.5_157. Other regulations.
(a) All front yards in the MG district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the MG district adjoins a [building site] l9t
in a RS, 1tD, RM or RCX district, a solid wall six feet in height shall be erected and
maintained along the side and rear property lines so adjoining.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the MG district.
Division [15] Ile. O, Open Districts
Section [25-5-150] 25-5-160. Purpose and applicability. The O (open) district
applies to areas that contribute to the general welfare, the full enjoyment, or the economic
well-being of open land type use which has been established, or is proposed. The object of
this district is to encourage development around it such as a golf course[, 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).
Section [25-5-151] 25-5-161. Designation of O districts. Each O (open) district shall
be designated by the symbol "O."
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Section [25-5-152] 25_5_162. Permitted uses.
(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
(2) Community buildings, as permitted under section 25-4-11.
(3) Existing churches and temples of historical significance.
(4) Forestry.
(5) Game preserves.
(6) Golf courses [and country clubs].
(7) Growing of plants provided such growth does not impair a view intended to
be preserved in the O district.
(8) Heiaus, historical areas, structures, and monuments.
(9) Natural features, phenomena, and vistas as tourist attractions.
(10) Private recreational uses involving no above ground structure except
dressing rooms and comfort stations.
(11) Public parks.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Telecommunication antennas, as permitted under section 25-4-12.
(14) Utility substations, as permitted under section 25-4-11.
[(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the O district, provided that a use permit is issued for each use:
(1) Cemeteries, crematoriums and mausoleums.
(c)](~ Uses considered directly accessory to the uses permitted in this section shall
also be permitted in the O district.
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Section [25-5-153] 25-5-163. Height limit. There shall be no height limit in the O
district, except as specified as a condition of approval attached to any use permit or plan
approval. For this purpose, the the height limit in the adjoining districts shall be used as
guides.
Section [25-5-154] 25-5-164. Minimum [building site] >IQt area. There shall be no
minimum [building site] 141 area in the O district, except as a condition of approval attached to
any plan approval. For this purpose, the minimum [building site] 191 area regulations in the
adjoining districts shall be used as guides.
Section [25-5-155]25 _
15- Minimum [building site] 1Qt average width. There
shall be no minimum [building site] Let average width in the O district, except as specified as a
condition of approval attached to any plan approval. For this purpose the minimum [building
site] 191 average width regulations in the adjoining districts shall be used as guides.
Section [25-5-156] Minimum yards. There shall be no minimum yards in
the 0 district, except as specified as a condition of approval attached to any plan approval.
For this purpose, the minimum yard regulations in the adjoining districts shall be used as
guides.
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Article 6. Optional Development Regulations
Division 1. Planned Unit Development (P.U.D.)
Section 25-6-1. Purpose. The purpose of planned unit development (P.U.D.) is to
encourage comprehensive site planning that adapts the design of development to the land, by
allowing diversification in the relationships of various uses, buildings, structures, open spaces
and yards, building heights, and lot sizes in planned building groups, while still insuring that
the intent of this chapter is observed.
Section 25-6-2. Minimum land area required. The minimum land area required for
a P.U.D. shall be two acres.
Section 25-6-3. Application for P.U.D. permit; requirements.
An application for a P.U.D. permit shall be on a form prescribed for this purpose by
the director and shall be accompanied by:
(1) A filing fee of $500.
(2) A written description of the proposed project, including the following
information:
(A) A description of the property in sufficient detail to determine the
precise location of the property involved;
(B) A statement of objectives and reasons for the requested P.U.D.
permit, including an analysis of how the request satisfies the standards contained in section 25-
6-10;
(C) A list of all requested deviations or variances from the requirements
of chapter 11 (housing), chapter 23 (subdivisions) and chapter 25 (zoning) of the County code;
(D) A schedule for the timetable of the proposed development; and
172 ZONING CODRAFT 2 9
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(E) An analysis of the relationship of the proposed development to the
general plan.
(3) Drawings and plans comprising a general development plan covering the
entire azea of the P.U.D., and providing the following information:
(A) Uses, dimensions, and locations of proposed structures;
(B) Widths, alignments, and improvements of proposed streets and
pedestrian and drainage ways;
(C) Any proposed subdivision of property for individual parcel sale;
(D) Parking areas;
(E) Public areas and uses; and
(F) Landscaping and open spaces.
(4) Architectural drawings for all buildings other than single-family dwellings
demonstrating the design and character of the proposed buildings and uses.
(5) A list of the names, addresses and tax map key numbers for those property
owners and lessees of record who aze situated within a 300 foot radius of the perimeter
boundary of the property involved.
(6) Any other information or plans required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
Section 25-6-4. Notice of action on P.U.D. application.
(a) 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 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 [ofJ interests in properties [within three hundred feet of the
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perimeter boundary of the property] prescribed in section 25-2-4 of this chanter for which the
P.U.D. is sought and to owners and lessees of record [ofJ interests in other properties which
the director may find to be directly affected by the P.U.D. permit sought.
(b) 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 25-6-5. Procedure for processing application when use not permitted in
district. An application for a P.U.D. permit that proposes a use not permitted either directly
or as a conditional use within a district may be considered by the director only if a separate
application for a change of zone is filed concurrently with or prior to the P.U.D. permit
application. The P.U.D. permit application and the change of zone application shall be
considered concurrently, and any P.U.D. approved by the director shall be effective only
when the change of zone ordinance becomes effective.
Section 25-6-6. Actions by director on P.U.D. permit applications.
(a) The director shall, within sixty days afrer acceptance of a P.U.D. permit
application, deny the application or approve it subject to conditions.
(b) The conditions imposed by the director shall bear a reasonable relationship to the
P.U.D. permit issued, and to the variances, uses and plans approved. The conditions may also
include, but not be limited to the following:
(1) Commencement and completion time frame for the project;
(2) Boundary and density changes approved in the project;
(3) Uses permitted;
(4) Specifications for the minunum development standards;
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(5) Specifications for street improvement and dedication;
(6) Utilities to be furnished; and
(7) The extent and limitations upon the variances permitted.
(c) The director may, within the sixty day period after acceptance of a P.U.D. permit
application grant a partial approval of the request where architectural plans and drawings have
not been submitted with the original application. Provided, however, that no building permit
shall be issued, nor shall any construction on the property commence until the drawings have
been reviewed and approved by the director and full P.U.D. permit approval has been issued.
(d) When architectural plans and drawings are submitted after a partial approval of a
P.U.D. permit application has been issued under subsection (c) above, the director shall
review the drawings and shall either issue a full P.U.D. permit approval or deny the request
for full P.U.D. permit approval within thirty days from the date that the drawings are filed by
the applicant.
(e) If the director fails to act upon a P.U.D. permit application within the prescribed
sixty day period as required by subsection (a) above, the application shall be considered as
having been denied and the director shall immediately inform the applicant 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.
Section 25-6-7. Review of director's action by non-applicant.
(a) If the director grants a P.U.D. permit over the timely written objection submitted
by an interested party, the interested party may request the commission's review of the
director's action. For purpose of this section, an "interested party" means a person who (1)
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has a property interest in the subject property; or (2) owns property [within three hundred feet
of the subject property] as nrescribed in section 25-2-4 of this chanter; or (3) 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 party
must be made in writing within ten working days after notice of the director's decision, and
shall contain a statement of the grounds of the objection. The request shall be accompanied by
anon-refundable filing fee of $250.
(b) 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 (a) above. The commission shall consider the request at a regularly scheduled
meeting of the commission, at which time the applicant and the person who requested such
review shall have an opportunity 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.
(c) If the 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. The commission
shall not hold a contested case hearing, as defined in chapter 91, Hawaii Revised Statutes, on
any P.U.D. permit application.
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(d) Within [five working] ten calendar days after receiving notice of the date of the
public hearing, the interested party shall serve notice of the hearing, in accordance with the
provisions of this chapter, on the applicant and on owners and lessees of record [ofJ interests
in properties [within three hundred feet of the perimeter boundary of the affected property]
prescribed in section 25-2-4 of this chanter 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 chapter.
(f) Within ninety days of its decision to hold a public hearing on the matter, or within
a longer period as may be agreed to by the applicant, the commission shall either deny the
P.U.D. application or approve it subject to conditions, stating the factual findings supporting
the P.U.D. approval or denial. If the commission fails to render a decision within the
prescribed time, the director's action shall be considered as having been affirmed.
Section 25-6-8. Appeal of director's action by applicant.
(a) 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 appeal by an applicant to the commission shall be submitted in writing to [he
department on a form prescribed by the commission and shall be accompanied by:
(1) Anon-refundable filing fee of $250; and
(2) Ten copies of a statement of the specific grounds for the appeal.
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(c) The commission shall provide notice by publication of the public hearing in
accordance with the provisions of this chapter.
(d) The director shall provide written notice of the public hearing, at least ten days
prior to the hearing, to persons who had submitted timely objections to the P.U.D. permit
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
applicant. The commission shall not hold a contested case hearing, as defined under chapter
91, Hawaii Revised Statutes, on any P.U.D. permit application.
(f) 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.
(g) 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.
(h) A decision to affirm, modify, or reverse the director's action shall require a
majority 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, any person aggrieved by the
decision of the commission, may appeal such action to the board of appeals in accordance with
its rules.
1,78 ZONING CODRAFT 2 9 96
Section 25-6-10. Criteria for granting a P.U.D. permit.
A P.U.D. permit may be granted by the director upon finding that:
(1) The construction of the project can begin and be completed within a
reasonable period of time from the date of full approval.
(2) The proposed development substantially conforms to the general plan.
(3) Any residential development shall constitute an environment of sustained
desirability and stability that is in harmony with the character of the surrounding
neighborhood, that results in an intensity of land use no higher than that otherwise specified
for the district, and that maintains the standards of open space at least as high as that otherwise
specified for the district in which the development occurs.
(4) Any commercial development shall not create traffic congestion or interfere
with any projected improvements, shall provide for proper entrances and exits along with
proper provisions for internal traffic and parking, and be an attractive center which does not
adversely impact upon adjacent and surrounding existing or prospective developments.
(5) Any industrial development shall be in conformity with desirable
performance standards and shall constitute an efficient and well organized development with
adequate provisions for freight service and necessary storage, and shall not adversely impact
upon adjacent and surrounding existing or prospective development.
(6) The development of a harmonious, integrated whole justifies exceptions, if
required, to the normal requirements of this chapter, and the contemplated arrangements or
use make it desirable to apply regulations and requirements differing from those ordinarily
applicable under the district regulations.
179 ZONING CODRAFT 2-9
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Section 25-6-11. Height exceptions authorized.
(a) A building approved under a P.U.D. permit may exceed the height limit specified
under the zoning district of the property and the height limits under section 25-4-22; provided,
that the maximum height of the building shall not exceed seventy-five feet.
(b) A building approved under a P.U.D. permit and situated within a zoning district
which exceeds the height limits specified under subsection (a) may be permitted at the higher
height limits prescribed for that zoning district.
Section 25-6-12. Approval of variances, use permits and plan approvals issued
under P.U.D. permit.
(a) No separate or additional variance permit or use permit shall be required for any
variance or use approved under a P.U.D. permit, and any variance or use 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) Plan approval 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
approval under this chapter.
Section 25-6-13. Effect of P.U.D. permit on other zoning provisions. Any P.U.D.
permit issued shall be subject to all of the conditions imposed in the permit and shall be
exempted from other provisions of this chapter only to the extent specified in the permit.
Section 25-6-14. Time extensions and amendments.
(a) Any request for a time extension or an amendment to a P.U.D. permit or to the
conditions of a P.U.D. permit may be granted by the director upon finding that no change has
ZONING CODE REVISION
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occurred in relation to the property since the P.U.D. permit was issued or that the approval is
still valid with respect to any changed conditions.
(b) The director shall act on any request 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 impose additional conditions to meet the intent of the P.U.D. permit.
Division 2. Cluster Plan Development (C.P.D.)
Section 25-6-20. Purpose. The purpose of cluster plan development (C.P.D.) is to
provide exceptions to the density requirements of the single-family residential (RS) district so
that permitted density of dwelling units contemplated by the minimum lot size requirements is
maintained on an overall basis and desirable open space, tree cover, recreational areas, or
scenic vistas are preserved.
Section 25-6-21. Minimum land area required. The minimum land area required for
a C.P.D. shall be two acres.
Section 25-6-22. Application for C.P.D.
(a) An application for a C.P.D. permit shall be on a form prescribed by the director
and shall be accompanied by a filing and processing fee as set forth under chapter 23, the
subdivision control code.
(b) The procedure for processing an application for a C.P.D. permit shall be the same
as that prescribed for a subdivision application under chapter 23, the subdivision control code.
Section 25-6-23. Computation of maximum number of lots.
(a) The maximum number of lots that may be created in a C.P.D. shall be computed
by subtracting twenty percent of the total area proposed for the C.P.D. for street
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rights-of--way, 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.
(b) The method of computation prescribed in subsection (a) shall apply whether or not
twenty percent of the total land area is actually required for street rights-of-way.
(c) Land utilized by utilities for easements for major facilities, such as electric
transmission lines and water mains, where such land is not available to the owner for
development because of the easements, shall not be considered as part of the gross acreage in
computing the maximum number of lots that may be created in a C.P.D.
(d) Land normally subjected to being submerged in water or with slopes in excess of
thirty percent shall not be considered as part of the gross acreage in computing the maximum
number of lots that may be created in a C.P.D.
Section 25-6-24. Minimum lot size in C.P.D.
(a) 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 minimum lot size required in the district for C.P.D.
(b) No lot in an RS district shall be reduced in area below the following minimum
standards:
Area Requirement C.P.D. Minimum Standard
1 acre 20,000 square feet
30,000 square feet 15,000 square feet
20,000 square feet 12,000 square feet
15,000 square feet 10,000 square feet
10,000 square feet 7,500 square feet
7,500 square feet 6,000 square feet
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Section 25-6-25. Common land in a C.P.D.
(a) The location, extent and purpose of common land proposed to be set aside for open
space or for recreational use within any C.P.D. must be approved by the director. A private
recreational use such as a golf course or a swimming pool, which use is limited to the owners
or occupants of lots located within the C.P.D. may be approved as common land. Other uses
or sites which may qualify as common land include historic buildings or sites, parks and
parkway areas, ornamental parks, extensive areas with tree cover, land along usable shoreline
areas, and low land along streams or areas of rough terrain where such areas are extensive and
have natural features worthy of preservation and are usable for normal recreational pursuits.
(b) The method of maintenance of common land for open space or recreational use
shall be approved by the director.
Section 25-6-26. Appeal of a C.P.D. decision. Within thirty days after the date of
the director's written decision regarding a C.P.D., any person aggrieved by the decision may
appeal the director's action to the board of appeals in accordance with its rules.
Division 3. Ohana Dwellings
Section 25-6-30. General Provisions, applicability. The limitations and requirements
of this chapter shall apply to a lot within the county [zoned] Single-Family Residential (RS)
district,[ the Unplanned (U) district,] the Residential and Agricultural (RA) district, and the
Agricultural (A) district; provided that:
(a) The lot is a legal lot of record as determined by the planning department;
(b) Any lot which is classified Agricultural by the state land use commission
shall be subject to agricultural requirements for farm dwellings as established by department rule
or ordinance;
1 g3 ZONING CODRAFf 2 9
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(c) All applicable county requirements, not inconsistent with the provisions of
this chapter, are met, including but not limited to, building height, minimum yard requirement,
setback, and parking requirements; and
(d) The following public facilities are adequate to serve the ohana dwelling unit:
(1) Sewage disposal system. A lot on which an ohana dwelling unit
would be permitted shall be served by a public or private sewage disposal system. An adequate
public sewage disposal system to accommodate the ohana dwelling unit shall meet with the
requirements of the department of public works and an adequate private sewage disposal system,
cesspools, or septic tanks to accommodate the ohana dwelling unit shall meet with the
requirements of the state department of health.
(2) Potable water supply. A lot on which an ohana dwelling unit would
be permitted shall be served by an approved public or private water system meeting with the
requirements of the department of water supply to accommodate the ohana dwelling unit. An
ohana dwelling unit that is not served by an approved public or private water system meeting
with the requirements of the department of water supply may be permitted to use a water
catchment system subject to the sufficient annual rainfall in the area as approved by the planning
department and meeting the requirements of the department of health and the department of
water supply.
(3) Fire protection. A lot on which an ohana dwelling unit would be
permitted shall be served by adequate fire protection measures meeting with the requirements of
the fire department.
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184 DRAFT 2-9/86
(4) Streets. A lot on which an ohana dwelling unit would be permitted
shall gain access to a public or private street meeting with the requirements of the department of
public works.
Section 25-6-31. Eligibility.
(a) No application for a permit for an ohana dwelling unit shall be accepted by
the director prior to the completion of all subdivision improvements required for final
subdivision approval for any lot established by a subdivision under the provisions of Chapter 23
of the Hawaii County Code. For purposes of this section, "completion" shall mean actual
construction has been completed to the satisfaction of the chief engineer.
(b) No more than one permit application may be active for any one applicant at
any time. Any applicant who has previously obtained a permit for an ohana dwelling unit in the
County of Hawaii shall not be eligible to apply for a subsequent permit for another ohana
dwelling unit on a different lot until two years has elapsed from the date on which the prior
permitted ohana dwelling unit was completed to the satisfaction of the chief engineer. For
purposes of this section, each titleholder and person named in the application pursuant to
Section 25- (b) Procedures, shall be construed as an applicant or permittee. The director shall
maintain and keep readily available for public reference a current list of applicants and
permittees for ohana dwelling units, including the dates of application and approval or denial.
Section 25-6-32. Non-applicability. The provisions of this article shall not apply to:
(a) A lot within the State Land Use Conservation District;
(b) A lot developed under an affordable housing project approved by the state
housing finance and development corporation (HFDC) and/or the county housing agency which
has been granted pre-emptions from the requirements of the Hawaii county code;
185 ZONING CODRAFT 2 9
96
(c) A lot developed as a Planned Unit Development (P.U.D.) or a Cluster Plan
Development (C.P.D.);
(d) A lot where more than one dwelling unit is permitted in the zoned district or
is permissible in the RS [zoned] zoning district. No ohana dwelling unit shall be permitted on
the same lot with atwo-family or multi-family dwelling, a family caze home, a public or private
Gaze facility, or asingle-family dwelling with transient accommodations;
(e) A lot subject of an approved vaziance from the provisions of the zoning and
subdivision control codes;
(f) A lot on which the construction of an ohana dwelling or a second dwelling
unit is specifically prohibited by a change of zone ordinance.
Section 25-6-33. Designation of the ohana dwelling unit.
(a) Regardless of the size of a lot, no more than one ohana dwelling unit shall be
permitted on the same lot with the first single-family dwelling unit.
(b) Through the application and permitting procedures set forth in this article, the
planning director may designate an existing, first single-family dwelling unit as an ohana
dwelling unit in order to allow permitting of a new first single-family dwelling unit when such
existing dwelling is the only dwelling unit on the subject property and it complies or will be
modified to comply with all the requirements of this article.
Section 25-6-34. Maximum height limitation. Except when the living areas of the
ohana dwelling unit and the first dwelling unit aze joined by a common wall, floor, or ceiling, the
ohana dwelling unit shall not exceed the maximum height of twenty-five feet regardless of the
maximum height limitation in the [zoned] zoning district.
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Section 25-6-35. Minimum lot size and yard requirement.
(a) The minimum lot size for a lot containing both the first dwelling and the
ohana dwelling unit in the RS, U, RA, and A districts shall be 10,000 squaze feet.
(b) The minimum front, reaz, and side Yazd requirements to permit the
construction or placement of a detached ohana dwelling unit shall be the minimum yard
requirements stipulated for the [zoned] zonine district in which the subject lot is situated plus an
additional five (5) feet.
(c) The ohana dwelling unit and single family dwelling unit may be constructed
as a duplex (i.e., there is a common wall or floor/ceiling).
Section 25-6-36. Guest Houses. A guest house, as described in Section 25-49, Hawaii
County Code, shall not be permitted on any lot where an ohana dwelling unit has been permitted
or constructed.
In the event a lot contains an existing guest house, an ohana dwelling unit shall not be
permitted, however, an existing guest house may be converted into an ohana dwelling unit in
accordance with the requirements of this chapter.
Section 25-6-37. Off street parking required. Pazking shall comply with the
requirements set forth in Section 25-73(a) of the Hawaii County Code.
Section 25-6-38. Ohana dwelling units and variances. No variance from the zoning
or subdivision control codes shall be granted to permit the construction or placement of an ohana
dwelling unit.
An ohana dwelling unit shall not be permitted on a lot which has been the subject of
favorable action on a variance application previously granted from the provisions of the zoning
and subdivision control codes.
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187 DF;AFT 2-9/96
Section 25-6-39. Application form. The application form for an ohana dwelling shall
be prepared by the planning director.
Section 25-6-39.1. Procedure.
(a) A completed application and a filing fee of $25.00 for an ohana dwelling unit
shall be filed with the planning director for review and action.
(b) The application shall be executed by all titleholders and shall include their
individual names and addresses. When titled interests in the subject lot are held by a corporation,
association, partnership, or trust, the names and addresses of all partners, directors, officers or
shareholders or beneficiazies holding an ownership or beneficial interest often or more per cent
thereof shall be listed.
(c) The applicant shall submit with the application, an affidavit stating that
provisions of any restriction, covenant or other land use restriction applicable to the subject lot
by way of a deed or lease or other provision do not prohibit the construction or placement of an
ohana dwelling or a second dwelling unit. The affidavit shall be on a form prescribed by the
planning director.
(d) The applicant shall deliver a notice of the application to all parties listed in
the application who did not execute the application as a titleholder, owners of properties within
three hundred feet of the perimeter boundazy of the subject lot, and any known association of
such property owners, informing the recipient that the applicant has made an application for an
ohana dwelling unit. Proof of such service of notice shall be submitted with the ohana dwelling
unit application. Failure to identify and to notify all such owners of interests, property owners
and association of owners shall render the application incomplete.
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188 DRAFT 2-9/96
(e) Upon filing a complete and acceptable application, the planning director shall
forward the application for the ohana dwelling unit to appropriate agencies for review and
comment on the adequacy of infrastructure facilities to accommodate the ohana dwelling unit
pursuant to Section 25-()(
Section 25-6-39.2. Action. The planning director shall render a decision (approve or
deny) following thirty (30) days but no more than sixty (60) days after receipt of a complete and
acceptable application. If the planning director does not render a decision within the sixty day
period from the date the application was filed, the application shall be deemed approved.
Section 25-6-39.3. Building Permit.
(a) A building permit for the construction of an ohana dwelling unit shall be
secured within one year from the date of issuance of the ohana dwelling unit permit. A thirty
(30) day time extension may be granted by the planning director if it can be demonstrated by the
applicant that non-performance is not the result of their fault or negligence. In the event that the
applicant fails to secure a building permit for the construction of the ohana dwelling unit on the
lot within the one year time period, or in the case when athirty-day time extension was granted,
the ohana dwelling unit permit shall be void.
(b) The applicant shall not be able to obtain any extension of time thereof;
further, such failure shall not be cause to petition the planning director, board of appeals or any
other governmental body for relief from the one-year limitation set forth in this section.
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I89 DRAFT 2-9/96
Section 25-6-39.4. Revocations.
(a) The planning director may initiate proceedings to revoke the permit for an
ohana dwelling unit in the event that:
(1) The applicant intentionally misrepresents a material fact in the
application or its attachments;
(2) The applicant transfers or attempts to transfer an ohana dwelling unit
permit issued by the planning director prior to completion of the construction of the ohana
dwelling unit and to the satisfaction of the chief engineer;
(b) A written notice of revocation shall be made to the applicant by registered or
certified mail with return written receipt as prescribed in Chapter 91-9.5 of the Hawaii Revised
Statutes.
(c) The applicant shall have the opportunity for a hearing with the board of
appeals on the revocation of an ohana dwelling unit permit in accordance with Chapter 91,
Hawaii Revised Statutes.
(d) In the event that an ohana dwelling unit is constructed contrary to the
provisions of this article, with or without a permit therefor having been issued, it shall be
considered unlawful and a public nuisance and action or proceedings for abatement, removal and
enjoinment of the unlawful ohana dwelling shall immediately commence pursuant to Division 2
of Chapter 25 of the Hawaii County Code.
Section 25-6-39.5. Non-transferability. A permit for the ohana dwelling unit shall be
personal to the applicant until construction of the ohana dwelling unit has been completed to the
satisfaction of the chief engineer and shall not be transferable or assignable to any other person
prior to its completion.
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190 DRnFr z-siss
Section 25-6-39.6. Prohibition of Advertising, Sales, Transfers. No person shall
advertise or represent to the public that a permit to construct an ohana dwelling unit is
transferable with the sale of the property on which the permit has been granted.
Section 25-6-39.7. Rules. The planning director shall promulgate rules within three
months from the effective date of this ordinance in accordance with Chapter 91, Hawaii Revised
Statutes, necessary to implement the provisions of this article, with the assistance of other
agencies, as appropriate.
Section 25-6-39.5. Pending Applications.
(a) Any permit issued for an ohana dwelling prior to the effective date of this
ordinance but for which no building permit has been obtained shall be void one year from the
effective date of this ordinance or on the expiration date of the dwelling approval, whichever
occurs first.
(b) All pending applications for an ohana dwelling filed with the planning
director prior to the effective date of this ordinance shall be processed in accordance with this
ordinance, with the exception of the filing fee. The planning director may require the applicant
to submit additional information to comply with this article.
Section 25-6-39.9. Appeals. The approval or disapproval of the ohana dwelling unit by
the planning director may be appealed to the Boazd of Appeals in accordance with its rules.
Division 4. Project Districts
Section 25-6-40. Purpose and applicability. The project district development is
intended to provide for a flexible and creative plamming approach rather than specific land use
designations, for quality developments. It will also allow for flexibility in location of specific
191 ZONING CODRAFf 2-9 96
uses and mixes of structural alternatives. The planning approach would establish a continuity
in land uses and designs while providing for a comprehensive network of infrastructural
facilities and systems. A variety of uses as well as open space, parks, and other project uses
are intended to be in accord with each individual project district objective. A project district is
an amendment to this chapter which changes the district boundaries in accordance with the
individual project district.
Section 25-6-41. Criteria for establishing a project district. A project district may
be established as an amendment to this chapter whenever the public necessity and convenience
and the general welfare require that a comprehensive planning approach for an area should be
adopted in order to establish a continuity in land uses and designs while providing a
comprehensive network of infrastructural facilities and systems. In addition, a project district
may only be established if the proposed district:
(1) Is consistent with the intent and purpose of this chapter and the County
general plan; and
(2) Will not result in a substantial adverse impact upon the surrounding area,
community or region.
Section 25-6-42. Minimum land area required. The minimum land area required for
a project 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 project district;
provided, that each of the proposed uses and the overall densities for residential and hotel uses
shall be contained in a master plan for the project district and in the project district enabling
ordinance.
192 ZONING CODRA T 2 9 96
Section 25-6-44. Application for project district; requirements.
(a) An application for a project district may be filed by a property owner or any other
person with the property owner's consent. The application shall be on a form prescribed for
this purpose by the director and shall be accompanied by:
(1) A filing fee of $5,000.
(2) A description of the property in sufficient detail to determine its precise
location.
(3) A master conceptual plan of the property, showing the project district
boundaries and the land uses and acreage of land involved.
(4) A description of the proposed project district, including land uses,
densities, infrastructural requirements, and development standards.
(5) A description of each of the open space areas proposed for the project
district for cultural and/or environmental purposes, including those open space areas preserved
because of natural hazards.
(6) A metes and bounds description of the property prepared by a surveyor.
(7) A list of the names, addresses and tax map key numbers for those property
owners and lessees of record who are situated within a 300 foot radius of the property
proposed for the project district.
(8) A county environmental report; provided that a county environmental report
shall not be required where an environmental impact statement or an environmental assessment
and negative declaration have been prepared and issued in compliance with chapter 343,
Hawaii Revised Statutes.
193 ZONING CODRAFT 2 9
96
(9) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) Within five days after filing an application for a project district, the applicant shall
serve notice of the application, 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 property
proposed for the project district.
(c) Within one hundred twenty days after a project district application has been
accepted by the director, the director shall forward the application to the commission, together
with the director's recommendation on the proposed project district, and together with a
proposed project district ordinance which establishes the project district and provides project
district standards and conditions, including permitted land uses, accessory uses, densities,
heights, setbacks, and variances from the requirements of this chapter, and from chapter 23
(subdivision control) and chapter 11 (housing), if applicable, as contained in the master plan
for the project district.
(d) The commission shall review any project district application and shall forward its
recommendation on the application to the council through the mayor for the council's
consideration and action.
(1) In reviewing the application, the commission shall hold at least one public
hearing in the district in which the proposed project district is located. The commission shall
provide reasonable notice of the date of the hearing to the applicant. The commission shall
also publish notice of the hearing in accordance with the requirements of this chapter.
(2) Within five working days after receiving notice of the date of the public
hearing, the applicant shall serve notice of the application, as provided by this chapter, on
194 ZONING CODRAFf 2 9 96
owners and lessees of record of interests in properties within three hundred feet of the
perimeter boundary of the applicant's property and to owners and lessees of record of interests
in other properties which the commission may find to be directly affected by the proposed
project district.
(3) Within ninety days after receipt of the application from the director, unless
a longer period is agreed to by the applicant, the commission shall transmit the proposed
project district ordinance together with its recommendation thereon through the mayor to the
council. The commission shall recommend approval in whole or in part, with or without
modifications, or rejection of such proposal.
Section 25-6-45. Conditions imposed on project district.
(a) The council may impose conditions on the use of the property subject to the project
district, provided the council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land uses
proposed with respect to protection of the public from the potentially deleterious effects of the
proposed uses, or fulfillment of the need for public service demands created by the proposed
uses.
(b) In addition to the conditions described in subsection (a), the council shall include
the following conditions in any project district ordinance:
(1) A description of each of the uses proposed in the project district;
(2) The overall densities for the residential and hotel uses established in the
project district;
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195 DRAFT 2-9/98
(3) Any infrastructure requirements for the project district; and
(4) Any open space requirements for the project district.
Section 25-6-46. Review and approval of site plans.
(a) After adoption of a project district enabling ordinance, the applicant shall submit to
the director detailed site plans for the project district development. The site plans shall
conform to the project district enabling ordinance and shall include the following:
(1) Plans for required infrastructure improvements;
(2) All items required for a plan approval application, as provided by section
25-2-72; and
(3) Any other information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) Within sixty days after acceptance of the site plans, the director shall either deny
or approve the plans.
(c) The director may approve site plans for a project district only if the applicant has
complied with all of the conditions contained in the project district enabling ordinance and the
site plans conform to the standards contained in the project district enabling ordinance. The
director may approve the site plans subject to conditions, or the director may approve the site
plans subject to certain changes when, in the director's opinion, such conditions or changes are
necessary to carry out the purposes of the project district, this chapter and the considerations
contained in section 25-6-47.
(d) If the director fails to render a decision on the site plans within the prescribed
period, the site plans shall be considered approved without further certification by the director.
196 ZONING CODE REVISION
DRAFT 2-9/98
Section 25-6-47. Review criteria and conditions of approval. In reviewing site
plans for a project district, the director shall consider the proposed development and uses in
relation to the surrounding properties, improvements, streets, traffic, community
characteristics, and natural features, and may require conditions or changes to assure:
(1) Adequate light and air, proper siting and arrangements of all structures and
improvements are provided;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the development
or use and its surroundings;
(4) Unsightly areas are properly screened or eliminated;
(5) Adequate off-street parking is provided to serve the development or use;
(6) Access to the parking areas will not create potential accident hazards; and
(7) Within reasonable limits, any natural and man-made features of community
value are preserved.
Section 25-6-48. Construction in conformity with approved site plans. Every
structure, development and use contained in site plans for a project district approved by the
director shall be constructed and developed in accordance with the terms, specifications and
conditions of approval for those site plans.
Section 25-6-49. Plan approval issued by approval of site plans. Plan approval
shall be considered issued when site plans for a project district are approved by the director, as
provided by sections 25-6-46 and 25-6-47, and no further action is required for the issuance of
plan approval under this chapter.
197 ZONING CODE REVISION
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Section 25-6-49.1. Amendments. Any amendment to the conditions and standards
contained in a project district enabling ordinance shall be processed in the same manner as the
project district enabling ordinance, unless the council in the project district enabling ordinance
authorizes the amendments to be made by the director. A request for any amendment shall be
submitted in writing to the director, in lieu of the application required for a project district.
The request shall be accompanied by a filing fee of $250.
Section 25-6-49.2. Appeal of director's actions on project district site plans. Any
person aggrieved by the decision of the director in the issuance of a decision regarding project
district site plans may appeal the director's action to the board of appeals, in accordance with
its rules, within thirty days after the written decision is issued by the director.
198 ZONING CODRAFT
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_ . _ _ .
Article 7. Special District Regulations
Division 1. Kailua Village Design Commission
Section 25-7-1. Purpose and applicability; boundaries.
(a) The purpose of the Kailua Village design commission is to advise the director in
matters concerning the design of buildings and structures and all public and private
improvements within Kailua Village.
(b) Kailua Village as used in sections 25-7-1 through 25-7-5 means that area bounded
by the following:
(1) Beginning at a point on the shoreline approximately four thousand feet west
of the old Kailua wharf, mauka along the west boundary of TMK: 7-5-05:10 and 68 to the
northwest corner of TMK: 7-5-05:68;
(2) Southeast and east along the mauka boundary of the existing RS-15 zone to
the west boundary of Kaiwi Street extension, mauka crossing Kuakini Highway along the west
side of the Kailua Industrial Subdivision crossing Queen Kaahumanu Highway, approximately
300 feet mauka running parallel and going east recrossing the Queen Kaahumanu Highway to the
eastern end of Kalani Street;
(3) Southwest along the makai side of the Queen Kaahumanu Highway and its
extension to the south side of the Kona Hillcrest Subdivision;
(4) Makai along the south side of the Kona Hillcrest Subdivision and along the
south side of the parcels described as TMK: 7-5-30:23 and 24 to Kuakini Highway;
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199 DRAFT z-siss
(5) Makai, crossing Kuakini Highway along the south side of the parcels
described as TMK: 7-5-18:1, 4, and 61, and TMK: 7-5-19:18 to the shoreline;
(6) North along the shoreline to the point of beginning and containing an azea of
approximately eight hundred twenty-five acres and as delineated on the map attached to
Ordinance No. 628 (1974), as amended by Ordinance No. 630 (1974).
Section 25-7-2. Commission membership; appointment; term.
(a) The design commission shall consist of nine members who shall be appointed by the
mayor with the approval of the council. The members shall be representative of the Kona
district, provided that a majority of the appointive members shall have lived or worked in the
Kailua Village for a minimum of two years prior to this appointment. The commission members
shall include two (2) design professionals (registered azchitects and/or landscape architects), two
(2) members with backgrounds in building construction and/or engineering, two (2) members
with knowledge about historic Kona, its cultural values and resources, and the remaining three
(3) members representing local business or property owners.
(b) The members shall serve staggered terms of three years. Upon the initial appointment
of the commission, three shall serve for a term of one yeaz, three for a term of two years, and
three for a term of three yeazs. When the term of a member expires, the member shall continue
to serve until a successor is appointed. Members whose terms expire may not be reappointed to
the commission for at least two yeazs, however, members appointed for one yeaz or less may be
reappointed for an additional term without the passage of two years time. Except as provided for
in this section, the commission shall be governed by the Hawaii County Charter.
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Section 25-7-3. Rules of procedure. The design commission shall adopt rules of
procedure, pursuant to chapter 91, Hawaii Revised Statutes, relating to matters within the
design commission's jurisdiction.
Section 25-7-4. Powers and duties of the commission.
(a) The design commission shall recommend to the director an architectural and design
concept of theme for Kailua Village that recognizes the desires and concerns of all public and
private interests.
(b) The design commission shall provide an architectural and design review of
applications requiring plan approval by the director. The design commission's review and
recommendations to the director shall be completed within thirty days from the date of the
design commission's receipt of the plans requiring plan approval. If a recommendation is not
received within the allotted period, the director shall continue to process the request for plan
approval.
(c) The design commission shall provide an architectural and design review of all
planned public improvements such as street widening, street lights, and so forth, as well as all
private improvements such as landscaping, structural painting, or any activity which will alter
the physical appearance of Kailua Village. The recommendations shall be forwarded to the
director within thirty days from the design commission's receipt of the proposal. If a
recommendation is not received within the allotted period, the director shall continue to
process the proposed activity.
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2~ 1 DRAFT 2-9f96
(d) All of the design commission's advice and recommendations to the director shall
be consistent with the provisions of the County charter, general plan, zoning and all other
related ordinances and any publicly funded master plan developed for Kailua Village.
Section 25-7-5. Amendment of district boundaries. The Kailua Village boundaries
as described in section 25-7-1 shall be subject to review in 1979 and every five years thereafter
by the council, and may be amended as appropriate.
Division 2. CDH, Downtown Hilo Commercial District
Section 25-7-20. Purpose and applicability. The CDH (downtown Hilo commercial)
district is established to reinforce and promote downtown Hilo's role as a compact high
density area for retail shopping, professional and administrative activities, cultural and arts
activities, other supportive business and commercial services, and multiple-family housing.
The zoning requirements of this district are applicable to all [building sites] JQt,~, 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 25-7-21. Designation of CDH district. The CDH (downtown Hilo
commercial) district shall be designated by the symbol "CDH".
Section 25-7-22. Permitted uses.
(a) The following uses shall be permitted in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries.
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202 DRAFT 2-9/98
(4) 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 completely enclosed building.
(5) Bakeries.
(6) Bars, cocktail lounges and night clubs.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses.
(9) Broadcasting stations or studios (radio and television).
(10) Business services.
(11) Car washing, provided that the facilities are not detrimental to the
character of the district.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Crop production.
(15) Display rooms for products sold elsewhere.
(16) Drive-thru establishments, provided such uses are not detrimental to the
character of the district.
(17) 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-family, with a maximum density of one thousand
square feet of land area per rentable unit or dwelling unit.
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203 DRnFr z-siss
(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) Group living facilities.
(24) Home occupations, as permitted under section 25-4-13.
(25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(26) Hotels and apartment hotels with a maximum density of five hundred
squaze feet of land area per rentable unit.
(27) Inns
(28) Laundries other than those utilizing steam cleaning equipment, provided
that the facilities are not detrimental to the character of the district.
(29) Manufacturing, processing and packaging, light, provided that the
activities are not detrimental to the character of the district.
(30) Medical clinics.
(31) Meeting facilities.
(32) Model homes, as permitted under section 25-4-8.
(33) Modeling agencies.
(34) Museums and libraries.
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2~ DRAFT 2-9/98
(35) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(36) Offices.
(37) Open air markets, provided that the activities are not detrimental to the
character of the district.
(38) Personal services.
(39) Photography and artist studios.
(40) Public uses and structures, as permitted under section 25-4-11.
(41) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
(42) Repair establishments, minor.
(43) Restaurants, including take-out restaurants.
(44) Retail establishments, provided that they are not detrimental to the
character of the district.
(45) Schools, business.
(46) Schools, photography, art, music, dance or other similar studios or
academies.
(47) Schools, vocational.
(48) Telecommunication antennas, as permitted under section 25-4-12.
(49) Temporary real estate offices, as permitted under section 25-4-8.
(50) Theaters, auditoriums and indoor sports arenas.
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205 DRnFr z-siss
(51) Utility substations, as permitted under section 25-4-11.
(b) Residential use in connection with the operation of any permitted use shall be
permitted in the CDH district.
(c) Buildings and uses normally considered accessory to the above uses shall also be
permitted in the CDH district.
Section 25-7-23. Height limit. The height limit in the CDH district shall be one
hundred twenty feet.
Section 25-7-24. Minimum building site area. The minimum building site area in
the CDH district shall be seven thousand five hundred square feet.
Section 25-7-25. Minimum building site average width. Each building site in the
CDH district shall have a minimum building site average width of sixty feet.
Section 25-7-26. Minimum yards. Front, rear and sides: none, except as required
by plan approval.
Section 25-7-27. Other regulations. Plan approval is required for all new structures
and additions to existing structures in the CDH district.
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Article 8. Zoning Map, District and Urban Zone Maps.
Section 25-8-1. Maps incorporated by reference. The maps described in this article
delineate the zoning districts designated in article 5 of this chapter and are hereby incorporated
by reference to this chapter. A copy of each map referred to shall be filed in the planning
department.
Section 25-8-2. North and South Kona districts zone map. North and South Kona
districts zone map, as adopted on February 17, 1967, by the commission and marked
thereupon as section 7.01.
Section 25-8-3. North Kona zone map. North Kona zone map, as adopted on
February 17, 1967 by the commission and marked thereupon as section 7.02.
Section 25-8-4. South Kona zone map. South Kona zone map, as adopted on
February 17, 1967 by the commission and marked thereupon as section 7.03.
Section 25-8-5. Kailua urban zone map. Kailua urban zone map, as adopted on
February 17, 1967, by the commission and marked thereupon as section 7.04.
Section 25-8-6. Kailua-Honalo urban zone map. Kailua-Honalo urban zone map, as
adopted on February 17, 1967 by the commission and marked thereupon as section 7.05.
Section 25-8-7. North and South Kohala districts zone map.
Section 25-8-8. Upolu Point-Kaauhuhu homesteads zone map.
Section 25-8-9. Hawi-Kapaau zone map.
Section 25-8-10. Halaula-Niulii zone map.
Section 25-8-11. Lalamilo-Puukapu zone map.
Section 25-8-12. Kawalhae-Puako zone map.
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207 DRAFT 2-9/96
Section 25-8-13. Puako-Anaehoomalu zone map.
Section 25-8-14. Waikoloa Village zone map.
Section 25-8-15. Hamakua district zone map. Hamakua district zone map, marked
thereupon as section 7.11.
Section 25-8-16. Hamakua district homesteads area zone map. Hamakua district
homesteads area zone map, marked thereupon as section 7.12.
Section 25-8-17. Haina-Honokaa-Kukuihaele zone map.
Haina-Honokaa-Kukuihaele zone map, marked thereupon as section 7.13.
Section 25-8-18. Paauilo-Kukaiau zone map. Paauilo-Kukaiau zone map, marked
thereupon as section 7.14.
Section 25-8-19. North Hilo district zone map. North Hilo district zone map,
marked thereupon as section 7.15.
Section 25-8-20. Ookala zone map. Ookala zone map, marked thereupon as section
7.16.
Section 25-8-21. Laupahcehoe-Ninole zone map. Laupahoehoe-Ninole zone map,
marked thereupon as section 7.17.
Section 25-8-22. Puna district zone map. Puna district zone map, marked thereupon
as section 7.18.
Section 25-8-23. Volcano-Mt. View zone map. Volcano-Mt. View zone map,
marked thereupon as section 7.19.
Section 25-8-24. Kurtistown zone map. Kurtistown zone map, marked thereupon as
section 7.20.
,z08 ZONING CDHAFT 2'9/96
Section 25-8-25. Keaau zone map. Keaau zone map, mazked thereupon as section
7.21.
Section 25-8-26. Pahoa zone map. Pahoa zone map, marked thereupon as section
7.22.
Section 25-8-27. Kalapana-Kaimu zone map. Kalapana-Kaimu zone map, marked
thereupon as section 7.23.
Section 25-8-28. Kau district zone map. Kau district zone map, marked thereupon
as section 7.24.
Section 25-8-29. Pahala Village zone map. Pahala Village zone map, marked
thereupon as section 7.25.
Section 25-8-30. Naalehu zone map. Naalehu zone map, marked thereupon as
section 7.26.
Section 25-8-31. Waiohinu zone map. Waiohinu zone map, mazked thereupon as
section 7.27.
Section 25-8-32. South Hilo district zone map exclusive of the city of Hilo,
Papaikou-Onomea, Pepeekeo and Hakalau-Honomu). South Hilo district zone map
(exclusive of the city of Hilo, Papaikou-Onomea, Pepeekeo and Hakalau-Honomu) mazked
thereupon as section 7.28.
Section 25-8-33. City of Hilo zone map. City of Hilo zone map, marked thereupon
as section 7.29.
Section 25-8-34. Papaikou-Onomea zone map. Papaikou-Onomea zone map marked
thereupon as section 7.30.
,lOn ZONING CODE REVISION
7 DRAFT 2-9/96
Section 25-8-35. Pepeekeo zone map. Pepeekeo zone map, marked thereupon as
section 7.31.
Section 25-8-36. Hakalau-Honomu zone map. Hakalau-Honomu zone map, marked
thereupon as section 7.32. "
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 Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
Corporation Counsel
DATED:
21~ ZONING CDRA T &9/96