HomeMy WebLinkAboutBIL 250 Draft 03 1994-1996 OFFICE OF TI )UNTY CLERK
HA 25IAUPUNI STREET ING
HILO, HAWAII 96720
250
(Draft 3)
AN ORDINANCE AMENDING CHAPTER 7j OF THE HAWAII COUNTY CODE
RELATING TO ZONING
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Chapter 25 of the Hawaii Counry Code is [amended to read as follows:]
here v repealed.
eFrTtnnt ~ a „Pw Chanter ~5 is added to the Hawaii County Code which shall read
as follows:
"CHAPTER 25
ZONING
Article 1. General Provisions
Section 25-I-I. Title. The provisions of this chapter, inclusive of any amendments,
shall be known as the Zoning Code.
Section 25-I-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 lot that may be occupied, off-street pazking, 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 ether 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-~. 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 ZS-1-5. Definitions.
(a) Building construction and development terms that are not defined in this chapter
shall be given their respective definitions as found in the Building Code (chapter 5).
(b) The following words and phrases, unless the context otherwise requires, are
defined as follows:
(1) "Accessory building° means a building, no more than twenty feet in height,
detached from and subordinate to a main building or main use on the same building site and
used for the purposes customarily incidental to those of the main building or use.
(2) "Accessory use° means a use which is customazily associated with and
subordinate to the main or principal use and which is located on the same building site as the
main or principal use.
(3) "Adult day care home" means a private residence, [licensed] a r{~oved by
the state, providing supportive and protective care, without overnight accommodations, to [not
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more than threes a limited number of adult disabled or aged persons. The term shall not
include day care centers for elderly disabled and ao~d persons as defined by chap[ r 46
pmt IV Hawaii Revised Statutes as amended
(4) "Agricultural products processing, major" means activities involving a
variety of operations on crops or livestock which may generate dust, n ise. 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
situ used for crop production, which aze not regulated as major agricultural products
processing and which [perform] ' v v a variety of operations on crops after harvest to
prepare them for mazket, or further processing and packaging at a distance from the
agricultural area. Included activities aze 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 amusemem or recreation. Typical uses include: martial arcs studios; billiard
and pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks; health
and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums;
theaters: and indoor archery and shooting ranges.
(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 tire recapping or
regrooving, body work, straightening of frames or body parts, steam cleaning, painting,
welding, or storage of automobiles, except for storage of vehicles for short periods pending
repair or servicing on the site and pick-up by the owner.
(13) "Bed and breakfast establishment" means a single-family dwelling.
includin~a singl~,,~c[ 1+ tlt in which overnight accommodations and only [continental]
breakfast meals are provided to a maximum of ten guesu, 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
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to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or
hipped roof. The refergnce damn 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) buildj~ site indicating the limit
beyond which buildings or structures may noc 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] bb
~i~ldinp~,cit& by the maximum depth of the•[lot] bb
~i~in'site measured in
the general direction of the side lines.
(20) "Business service" means an establishment which primarily provides goods
and services to other business, including but not lunitcd to minor job printing, duplicating,
binding and photographic processing, office security, maintenattce and custodial services, and
office equipment and machinery sales, rentals and repair.
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(21) "Care home" means a facility which is [licensed aR
rp oved by the state
purcuant to cha t r 4 ~ pmt I J or part VIII Hawaii Revised Statutes. as amended. to provide
living accommodations and general or rehabilitative care in homes with not mere than one
kitchen, to accommodate [seven or more persons, whether or not such persons are related]
unreht°d children or elderly handicapped. or disabled adults. The term includes adult
residential care homes, group child care homes and other facilities for children, elderly,
handicapped, developmentally disabled and totally disabled.
(22) "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) "City of Hilo" means all of that portion of the district of South Hilo,
County of Hawaii, which is bounded on the south side by the district of Puna; bounded on the
west side by the districts of Kau and North Hilo; on the north by the ahupuaa of Paukaa in the
district of South Hilo and on the east by the sea.
(24) "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) "Commercial parking lot and garage" means any building or parking area
designed or used for temporary parking of automotive vehicles, which is not accessory to
another use on the same building site and within which no vehicles are repaired.
(26) "Commission" means the planning commission.
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(27) "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] which is not operated primarily for financial gain.
(28) "Conforming" means in compliance with the regulations of the pertinent
zoning district.
(29) "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] pre-packaged food products, household itetns, newspapers and magazines, and
freshly prepared foods [such as sandwiches for off-site consumption].
(30) "Council' means the county council.
(31) "County environmental report" means an informational document ju,afu~
and having contents a~preccribed by~he director in accordance with rules adopted pursuant to
chanter 91 Hawaii Revised Statutes, 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) 3II7C envirotmental effects which cannot be avoided should the proposal be
implemented, the relationship between local short-term uses of tttan's environment and the
maintenance and enhancement of long-term productivity, any irreversible and irretrievable
commitments of n3au3Lresources which would be involved in the proposed action, and
economic and social analysis of the proposed action. The tentt does not include a state
environmental impact statement prepared in compliance with chapter 343, Hawaii Revised
Statutes.
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(32) "Crop production" means agricultural and horticulrural uses, including, but
not limited to, production o1' grains, field crops, vegetables, fruits, tree nuts, flower fields and
• seed production, ornamental crops, tree and sod farms.
(33) "Day care [faciliryJ center" meatu a facility which is licensed or aR
rn oved
by the state,.„pursuant to chapter 346 art iV or part VIII. Hawaii Revised Statutes. as
amcndsd, where [seven or more] persons who are not members of the family occupying the
premises are cared for without overnight accommodations. This term includes day nurseries,
preschools, ;iII~ kindergartens which are not licensed by the state denartment of education and
adult day care [facilities] t•nntvrc.
(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) "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)](~Zl "Duplex and "double-family dwelling" means a building containing
only two dwellirg units.
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[(39)]1$) "Dwelling" means a building or part thereof designed for or used for
residen[ial occupancy or both and containin; one or more dwelling units, and includes double-
family dwelling or duplex, mobile dwelling, multiple-family dwelling and single-family
dwelling.
[(40)]L91 "Dwellin; unit" means one or more rooms designed for or containing
or used as the complete facilities for the cooking, sleeping and living area of asingle-family
otily and occupied by no more than one family and containing a single kitchen.
[(41)]i4Q1 "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)]f,411 "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, effecu of the economic activities arising out of the
proposed action, meastues proposed to minimize adverse effects, and alternatives to the action
and their envirotunental effecu.
[(43)]~4?1 "Erected" means constructed, trconsttucted, altered, placed, or
moved.
[(44)]j~1 "Family" means an individual or two or more persons related by
blood date c^nctioned ad~ttion focter parentaY~+n!ardianstin or marriage, or a group of not
more than [five] ~,ipht unrelated persons (excluding servants), [who need not be related by
blood or marriage, living together in] occunyine a dwelling unit. The tetnt includes
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individuals in larger group living situations described as group living facilities and family child
care homes.
[(45)JL1 "Family child care home" means a private residence licensed ~
aR
rived by the state n
Ircua~
nt to cha~~6 part Vlii. Hawaii Revised Starutes. as
amended. at which care or the responsibility for the supervision, development, safety and
protection is provided for [up to six] a limited number of children, who are living in the
residence apart from the parent or guardian.
1:4.1 "Farm" meant land used for the nuspose of agricultural. livestock-
on ultrv. or aql al tIC nroduction.
(46) "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) "Flag lot" means a building site consisting of an access drive and a body
in such a manner that the body would be landlocked from a public street or private way except
for connection by the access drive.
(48) "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) "Floor azea, net" means the total gross floor area of all buildings
occupying a [parcel] b lip Idin;.,ci.
t~ exclusive of floor area permanently allocated for parking or
loading spaces.
(50) "Food manufacturing and processing facility" means an establishment
primarily involved in the manufacture and processing of food products, other than an animal
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products processing establishment. Typical activities include, but are not necessarily limited
to, noodle factories, and coffee grinding.
(51) "Frontage" means that portion of a [parcel of property] b~ildin~,ci, t~ which
abuts [on] a road, [road easement,] street, or highway [which affords access to the property].
(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. 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.
(53) "Group living facility" means a facility [with eight or fewer residents, in
addition to the family or staff operating the facility, and] described under section 46~. Hawaii
R vic d 4ta rt ac amended. which is licensed or aRproved by the state a5 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 persotts including mentally ill, who are
not related to the home operator or facility staff.
(54) "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) "Home improvement center" means a single establishment primarily
involved in providing a lazge variety of goods and services directly associated with building
and home improvements.
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(57) "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 used principally for dwelling purposes. [Home occupation includes
[he use of any residential premises as a base for an off premises, income producing activiry.]
(58) "Hospital" means an institution in which patients or injured persons are
given medical or surgical care, and unless otherwise modified, the tet7n is limited to the care
of persons only.
(59) "Hotel" means a building or group of buildings containing six or more
ems or suitec which ron rides transient lodging accommodations **+Palc entertairLment and
vgriosc oerconal cervices for come
nc~
ati~n [in six or more rooms or suites, for the use of
persons on a commercial basis,] whether such establishment is called a hotel, motel, motor
hotel, motor lodge, inn._.or otherwise.
((60) "Inn° means a commercial facility providing transient lodging
accommodations and meals and containing not more than ten west rooms or suites.]
[(61)]iG91 "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 non-hazardous
waste materials, or for dismantling or wrecking vehicles or machinery or for storage of parts
resulting therefrom.
[(62)]L612 "Kennel" meatts a commercial establishment in which dogs or
domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or
compensation. The term includes animal m~arantine siatiorL.
ZONING CODE REVISION
12 DRAFT 3 -70196
[(63)]Lf21 "Kitchen" means a room or a portion of a room designed to be used
for the preparation of food•and containing at least one item from all of the following
categories:
(A) Fixtures, appliances or devices for heating or cooking food;
(B) Fixtures, appliances or devices for washing utensils used for dining
and food prepazation and/or for washing and preparing food; and
(C) Fixtures, appliances or devices for refrigeration of food.
[(64)]~ "Land use' means use of land, building use and use of any building.
[(65)]L{z41 "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, gorse and other poultry and swine.
[(66))L651 "Livestock production" means a distinct agricultural q~eration or
establis menr [establishments primarily engaged in commercial livestock keeping or feeding)
which keeps fePdc or raises livestock for commercial p~,ipocec and as a principal land use.
These include piggeries, dairies, dairy and beef cattle ranching, feedlou, chicken, turkey and
other poultry farms, rabbit farms, apiaries and aviaries.
((6'n](¢51 "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] four guest rooms or suites, and generally located in
agricultural, rural or other less populated areas. •
[(68)]1521 "Lot" means a building site or a parcel of land shown as a unit on an
approved subdivision map, or a survey map.
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(681 "Lot width" means that figure obtained by dividino the total area of a
h lilding.,cit the maximum d~,oth of the
buildinof
the building site measure i in the general direction of
the side lines.
(69) "Lot line" means any boundary of a [lot] building_site or property line,
and includes:
(A) "Interior lot line" which is any (line of the] lot liII~other than the
street frontage.
(B) "Rear lot line' which is the lot line that is generally opposite the
street frontage.
(70) "Main building° means a building in which is conducted a principal or main
use on the building site (or] 4II which it is situated.
(71) "Manufacturing, processing and packaging, general" means activities
which are the main purpose of establishments primarily involved in the manufacture,
processing, assembly, fabrication, retinement, alteration and/or other end produce suitable for
sale or trade. General manufacturing, processing and packaging establishments are those
involving significant mechanical and chemical processes, large amounts of metal transfer, or
extended shift operations. Typical activities include, but are not limited to: paper and textile
milling; wood millwork and the production of prefabricated structural wood products; the
manufacture of soaps and detergenu; 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
ZONING CODE REVISION
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materials. General manufacruring 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) "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 pazking and loading; do not involve processes which generate significant levels
of heat, noise, odors and/or particulates; and do not involve chemicals or other substances
which pose a threat to health and safety. Typical activities include, but aze not limited to, the
production of handcrafted goods, electronics-intetuive 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) "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 recreational, social or
multi-purpose use, which has no overnight accommodations, and which may be for •
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organizations operating on a membership basis for the promotion of members' mutual interests
or may be primarily intended for cotmunity purposes. Typical uses include priva[e 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.
(76) "Multiple-family dwelling' means a building containing more than two
dwelling uniu.
(77) "Iv'onconfotming 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 no[ comply with the regulations for the ,o__ning_district in which it is located.
(78) "Non-conformin? 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 zyIIittt: district in which it is located.
(79) "Ghana dwelling" means a second dwelling unit permitted to be built as a
separate or an attached unit on a [lot) building site, but does not include a guest house or a
farm dwelling.
(80) "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) "Personal services establishment" means an establishment which offers
specialized goods and services purchased frequently by the consumer. Included aze
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barbershops, beauty shops, massage facilities, chiropractic clinics, garment repair, laundry
cleaning, pressing, dyeing, [ailoring, shoe repair and other similar establishments.
(82) "Piggery" means any parcel or premises where five or more weaned hogs
are maintained.
(83) "Plan approval" means the review and approval of plans for new
structures and additions to existing structures, and ceturin uses in specified zoning districts in
order to assure that the intent and purpose of this chapter are carried out.
(84) "Plan lines for future streets" means lines established on the zoning map
for the purpose of fixture street construction and establishing the front property line of the
affected building site. The area within these lines shall be deemed to be ih~street
right-of--way, and cannot be considered in computing the minimum area or yard required on
any building site.
(8~) "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 aze 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) "Recycling center" means an establishment on a building site, with or
without buildings, upon which used materials are separated and processed for shipment for
eventual reuse in new products. A recycling collection point or an area which serves only as a
drop-off point for temporary stooge of recyclables shall not be considered a recycling center.
ZONING CODE REVISION
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(87) "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) "Repair establishment, major" means an establishment which primarily
provides restoration, reconstruction and general mendin; and repair services, and which
includes any repair activities which are likely to have some impact on the environment and
adjacent land uses by virtue of their appearance, noise, size, traffic generation or operational
characteristics. Major repair establishments include, but are not limited to:
(A) Blacksmith.
(B) Boat cleaning and repair.
(C) Electrical, gasoline and diesel motor repair and rebuilding.
(D) Furniture repair.
(E) Industrial machinery and heavy equipment repair.
(F) Vehicular repair, including repair of body and fender, and
straightening of frame and body parts.
(89) "Repair establishment, minor" means an establishment which primarily
provides restoration, reconstruction and general mending and repair services, and which
includes those repair activities which have little or no impact on surrounding land uses and can
be compatibly located with other businesses. Minor repair establishments include, but are not
limited to:
(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.
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(B) Eyeglasses, hearing aids and prosthetic devices, production and
repair.
(C) Furniture upholstery.
(D) Garment repair.
(E) General repair shop.
(F) Non-motorized bicycle repair.
(G) Radio, television and other household appliance and equipment
repair, except for those appliances with gasoline engines.
(H) Shoe repair.
(n Watch, clock and jewelry repair.
(90) "Resort area" means an area with facilities to accommodate the needs and
desires primazily of visitors, tourisu and transient guesu.
(91) "Restaurant" means an establishment [where food and drink are prepared,
served, and consumed primarily within the establishment) which is rgpa,
It arly and in a bona fide
mannr* ~,c A and k pip ~ f~* *h cervin~Q meal to patrons for compen_cation and which hac
mitahlr 4itcti~~ faa;l;firc cr!nner_r.d with the establishment. containing the necessary equinment
andcypplies for cookin¢ an ac ortrnent of foods which may be required for ordinary meals"
Additiona!Iv at least Lhirty ner cent of Lhe establishment's gross revenue must derive from Lhe
sale of foods.
[(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
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19 OaAFr 7 •10/98
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))I221 "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 sate 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.
[(94)]1932 "School" means a place for teaching, demonstration, [or] learning,
~ oroanized.~rouR instruction. Unless otherwise qualified, "school" means a place for
primarily academic instruction equivalent to what is commonly kztown 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)]1441 "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)]122 "Single-family dwelling" means a building containing only one
dwelling unit.
[(97)]145.2 "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.
ZONING CODE REVISION
20 DRAFT 3 -70/96
[(98)]7 "Street frontage" means that portion of a building site that has a
common line with a street right-of--way line. The street frontage is designated as the front
property line.
[(99)](Q$) "Structure" means anything above existing grade constructed or
erected with a fixed location on the ;round, or requiring a fixed location on the ;round, or
attached to something having or requiring a fixed location on the ground. The term
"structure" includes the term "building".
[(100)]f.QQ) "Surveyor" means a person duly registered as a professional land
surveyor in the State.
[(101)](1001 "Telecortununications antetuta" 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 Revelations. [Par.J g~74, which includes (ow 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.
ZONING CODE FEVIBION
2l OFAF7 3 •10198
[(1O2)]Lli2ll "Theater" means a facility which is used primarily for the
performing arts or fur the viewing of motion picture films. Included are performing arts
centers, concert halls and other types of live cheaters.
[(103)]S1Q21 "Time share unit° means any multi-family dwelling unit or l~j
[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.
(1031 "Transient vacation unit" means a dwellino unit which is furnished for
comnensation to transient occunantc for less than thirty days. other than a bed and breakfast
establishment,
(104) "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 cleazly indicates otherwise.
(105) "Warehousing" 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) "Wholesaling and distribution" means the sale and/or distribution of
manufactured and/or processed products, merchandise or other goods in lame quantities for
subsequent resale to retail establishments, and/or industrial, institutional and commercial
users.
(107) "Yard" means an open space on the same [lot] b ~ildin~,site with a
building, which open space lies between the building and the bounding lot lines, and is
ZONING CODE flEVi510N
22 DflAFf 3 -10/96
unoccupied and unobstructed from the ground upward except for landscaping and except for
fences, walls, architectural, features, pools, pone cocheres, cornices, canopies, roof
overhangs, eaves, porches, balconies, terraces, fire escapes, stairs, ramps and other similar
features authorized [inJ under article 4, division 4 of this chapter, and includes:
(A) "Front yard" which is a yard lying between the street tine on which
the [lotJ building site fronts or the future width line or the plan line for future street and a line
parallel thereto which runs through the point of the building nearest to said street line, future
width line or plan line. The depth of said yard is the distance between the parallel lines.
(B) "Rear yard" which is a yard lying between the rear lot line and a
line parallel thereto extended to intersect the side lot lines, which line runs through the point
of a main building nearest the rear lot line. The depth of said yard is the distance between the
parallel lines.
(C) "Side yard" which is a yard lying between the front yard, the rear
yard, the side lot line and a line parallel thereto which runs through the point of the building
nearest to said lot line. The width of said yard is the distance between the parallel lines.
[(108) "Zone" means a district as used in this chapter.]
20NING CODE REVISION
23 GRAFT ~ •10/98
Article 2. Administration and Enforcement.
Dir•ision 1. General Administration
Section 25-2-1. Duties of county officers.
(a) The buildin, 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 officer 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, otficials, 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, variance, use permit, plan approval, ohana
dwelling permit, planned unit development permit, or cluster plan development permit, shall be
reviewed by the director for completeness within fifreen days from the date that the application
was filed by the applicant.
(b) Duffing the fifreen 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.
ZONING CODE REVISION
24 DRncr i, aroe
(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 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
applications accepted under this section in at least hvo newspapers of general circulation in the
county. Such lief chap include the name of the prop~rh+ owner. tax ma~key numberfsl of the
~ the land a*ea and street addrecc ifava;lable.
Section 25-2-9. Notice to property owners and lessees of record of pending
application.
(a) Whrnever any application under this chapter requires notice to owners and ?essees of
record [of] interests [in properties within three hundred feet of the perimeter boundary] of the
curroundine properties [affected by the application, the];
(,11 Such notice chap be served to the owners a*+d lecseec of record of all loft of
which any_portion is t:°t_hin hree h mdred feet of anv point along the cerimeter bounda~ of the
bbm'ldinQ site affected bJ~_application if the building tit ;c located wi hip he crate land use
urban or rural district. or
• ZONING CODE REVISION
ZS DRAFT 170/Ae
(?,l Such notice shall be cerv•ed on the owners and lessees of record of all lots of
~~hich an~ortion is within five hundred feet of anv eoint along the perimerer bnttndarv of the
building site affected ~ t~annlication if the building cite is located within the st•+te land use
....I«....I a:....:,.. a,.~o.,. rL,~r ~frhP surrounding lots are located within either the state land use
...I a:....:... .,..r:rnhalt hP crn~~r~ !1g rhP nwnPrs and lessees of record of all lots which
~qv
portion i~ w^thin three hundred feet of the building, i~tr,
1 The applicant shall first serve notice of the filing of the application on [such] ih~
surrounding owners and lessees within [five working] jgp 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] the surrounding owners and lessees, within [five
working] I~Il days afer receiving notice from the director or the commission of the date of the
proposed action or hearing. The second notice shall be served not less than ten daa•s prior to the
date of the pronosed action or hear;ne.
[(b))~1 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];~~rovided. that where the
director has received written notice of additional or subseggent owners or lessees of record and
has co informed the annlicant the aonlic nt shall also provide the required notice to such
persons The applicant shall also provide notice to such other owners and lessees of record when
th~agplicar,t others ^se has actual knowledee of such other owners or lessees of record.
[(c)]j~,1 The notice to the affected property owners and lessees shall include the
following information:
(1) The name of the applicant;
ZONING CODE REVISION
26 oRnFr anairea
(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
If the notice is for any proposed administrative action by the director or for
any public hearing to be held by the commission, the date on which the administrative action by
the director will taken on the application or the date on which a public hearing will be held to
consider the application.
[(d)J(rr1 Prior to the director's proposed administrative action or prior to the commission's
public hearing, the applicant shall submit to the director or the commission, as appropriate,
proof of service or of good faith efforts to serve notice of the application on the designated
property owners and lessees. Such proof may consist of certified mail receipts, affidavits,
declarations. or the like. The failure of a property owner or lessee to receive written notice, as
provided in this section, shall not invalidate any action by the director or proceeding by the
commission, provided that good faith efforts were made by the applicant to serve notice on the
affected property owner or lessee.
Section 25-2-5. Public hearing notices.
(a) Whenever published notice is required under this chapter prior to any commission
public hearing, except for any action initiated by the director, the commission shall publish
notice of the hearing in at least two newspapers of general circulation in the [county] County, at
least ten days prior to the date of the public hearing, unless a longer time period is required by
either statute or charter provision, in which case, the notice period provided by statute or charter
ZONING CODE NEVISION
27 DitAFr }tares
provision shall apply. The notice shall specify the time, date and place of the hearing, 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 regazding 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) Unless
otherwise provided in this chapter. whenever an application for an amendment to this chapter, or
for a vaziance from this chapter, of 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 perod 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 nett' application prior to the expiration of the one year
period. Nothing contained in this section shall prevent the council or the director from initiating
any proceedings at any' time under this chapter.
[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 yeazs from the date of the written permit or approval, the director shall initiate
proceedings to invalidate the permit or approval. The proceeding to invalidate the permit or
approval shall require written notice to the owner or person who has been issued the permit or
approval prior to either the director or the commission taking action to invalidate the permit or
approval. In the event that an appeal is filed regarding any permit or approval issued under this
ZONING CODE REVISION
28 DRAFT }70/I98
chapter, the two year period provided for under this section shall not commence to run until a
final decision is rendered in the appeal.]
Section [25-2-8~ ~~2-~-7. Effect of changing districts on prior approvals. Every
administrative action for any given [lot] buildingsite becomes void upon the changing of the
district within which the [pazcel] buildi ~ site 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 (25-2-9J 25-2-8• 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] building site or the same
project requiring commission action may be considered concurrently by the commission,
provided that the commission decision on each application shall be issued separately by the
commission.
(c) An action to amend this chapter may be considered concurrently with other
administrative and commission actions, but an application to amend this chapter must be filed
independently of other applications for administrative or commission action, and any decision on
20NING CODE RENSION
29 oraFr liaise
an application for an amendment to this chapter shall be issued sepazately from decisions on
other administrative or commission requests.
Section [25-2-10J 2"-~- .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
Z-l0. Waiver of requirements in consolidation and
resubdivision. If the director finds that the public welfaze and safety will not be violated, the
director may waive portions or all of the requirements and standazds of this chapter for
consolidation and resubdivision action resulting in the creation of the same or less number of lots
than that which existed prior to the consolidation or resubdivision action; provided, that prior to
the 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 of the commission in the
administration or application of this chapter, except for decisions regazding variance applications
and iPr;cion~ w ich aze direct).v aooea[able to the Idr c^IIn~ under state law, may, within
thirty days afrer the date of the director or commission's written decision, appeal the decision to
the boazd of appeals.
(b) Any person aggrieved by the decision of the director or the commission regazding a
variance application, may appeal such decision in accordance with the provisions of sections
ZONING CODE REVISION
30 oRnFr>-iorr9e
' 25-2-55 through 2~-2-~7 of this chapter.
(c) ,g.person is aggrieved by a decision of the director or the commission iF
(j,1 The person's has an interest in the subject matter of the decision that is so
directly and immediately affected that the person's interest is clearly distinguishable from that of
the general public: and
(?,1 The person is or will be adversely affected by the decision.
j¢1 An appeal shall be in writing, in the form prescribed by the boazd 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] ~Q. The pgrson
annealing a decision of the director or commission shall provide a cony of the anneal to the
director or commission az appropriate a_nd to the owners ofihe affected property.
gl
T_ he appellant the owners of the affected ~perty. a_nd the director or the commission.
ac appropriate shall be pa_niec to a_~ appeal. Other txrsons may be admitted as oa_rties to an
app ae I agyermitted b~he boazd of anneals.
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-Z2. Conduct of appeal hearing; costs.
(al Within twepiv days after receipt of a notice of appeal he director or co mission. as
appropriate shall transmit to Lhe board of appeals Lhe entire record or file of Lhe proceeding beine
appealed The entire record or file from the director or corrLmission. as appropriate. shall be Hart
IONING CODE REVISION
31 orsAVr rralse
of the board of a„_, Pals's rP~ord in an anneal end shall be'revie~ved ~-v the board of apneals in the
~'A~-~-s'-~.
~.(In any appeal, aj A full heazing shall be held by the board of appeals.. in anv appeal.
in accordance with chapter 91, Hawaii Revised Statutes.
j~1 A verbatim audio recording or stenographic record shall be made of the hearing and
shall remain on file in the office of the boazd of appeals. Copies of such verbatim record of any
hearing may be ordered by any party, with the cost thereof to be paid by the party ordering such
copy or copies.
(dl Thr,~nn~ellant has the burden q~proof in a~ appeal before the board of as
eP a1s.
Section 25-2-23. Standard of review. The boazd of appeals may a~tm the decision of
the director or the commission , or it may revere or modify the decision or remand the decision
Witt: appropriate instructions based Upon thr<pr~nondera~ce of evidence the board finds that:
(11 The director or commission as appropriate. erred in its decision: or
'rt,P rinricinn v;nlarrr~ Phis chapter or other aRplicable law: or
(~l The decision was arbitrary nr capricious or characterized by an abuse of
discretion or clearly~Lwa-*ranted exercise of discretion.
Section 25-2-24. Adoption of rules. The boazd of appeals shall adopt rules pursuant to
chapter 91, Hawaii Revised Statutes, necessary for the implementation of the provisions
regazding 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
20NING CODE REVISION
32 oRncr ~ialse
with conditions imposed as part of any approval or permit, including variances from the
provisions of this chapter, shall constitute a violation of this chapter.
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:
(l) For a first offense, by a fine not exceeding 3500.
(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 300 but not exceeding 31,000.
(b) ARer a conviction for a first violation under this chapter, each further day of violation
shall constitute a separate offense if the violation is a continuance of the subject of the first
conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the
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 warrant or such other judicial process as is permitted by starute 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.
20NING CODE REMISION
33 orUVr i,nAe
(f) There shall be provided for use by authorized personnel a form of summons or
citation for use in citing violators of this chapter which does not mandate the physical arrest of
such violators. The form and content of such summons or citation shall be as adopted or
prescribed by the administrative judge of the district court and shall be printed on a form
commensurate with the form of other summonses or citations used in modern methods of arrest,
so designed to include all necessary information to make the same valid under the laws and
regulations of the [State] state of Hawaii and the County [of Hawaii].
(g) In every case when a citation is issued, the original of the same shall be given to the
violator, provided that the administrative judge of the district court may prescribe the giving to
the violator of a carbon copy of the citation and provide for the disposition of the original and
any other copies.
(h) Every citation shall be consecutively numbered and each cabbon 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 [ofJ or u~
a building site a condition which is contrary to or in violation of this chapter ~vtuch makes the
building or premises [off 4L the building site unsafe, dangerous or hazardous, the authorized
personnel may enter the building or premises [of] 4.[ the building site at reasonable times to
inspect or to perform the duties imposed by this chapter, provided that if (such] Shg building or
premises [be] ig'occupied that credentials be presented to the occupant and entry requested. If
such building or premises be unoccupied, the authorized personnel shad first make a reasonable
effort to located the owner or other person having chazge or control of the building or premises
ZONING CODE REVISION
34 GRnFr}iaroe
and request entry. If entry is refused, the authorized personnel shall have recourse to the
remedies provided by law to secure entry.
Section 25-2-33. Limited liability of authorized personnel. The authorized personnel
charged with the enforcement ofthis chapter, acting in good faith and without malice in the
discharge of the duties required by this chapter or other pertinent law or ordinance shall not
thereby be rendered personally liable for damages that may accrue to persons or property as a
result of an act or by reason of an act or omission in the 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 provisiotu ofthis 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 or by certified mail, with a notice of violation and order pursuant to
this section. The director chall alto have a copy of the notice of violation and order posted at the
buildinp~ite.
(b) The notice of violation shall include at least the following information:
35 ZONING COMFT lta~ae
(1) Date of the notice;
(2) Name and address of the person noticed;
(3) Section number of the provision, or rule, or the permit which has been
violated;
(4) Nature of the violation; and
(5) Location and time of the violation.
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the person's own expense before a date specified in
the order;
(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] Rerson's receips of he order. unless the director's decision is
appealed to the boazd of appeals within the thirty-day period.
(e) The provisions of the order issued by the director under this section shall become
final thirty days after the [date of the personal] ceivt of the order, unless the director's action is
appealed to the boazd of appeals as provided in this section.
(f) Any person adversely affected by any order issued under this section, may within
thirty days after the personal service of the order, appeal the order to the boazd of appeals as
provided by section 5-6.3 of the County charter and sections 25-2-20 through 25-2-24 of this
ZONING CODE REVISION
36 DRnFr s.i arx
chapter. An appeal to the boazd of appeals shall stay the provisions of the director's order
pending the final decision of the boazd of appeals.
(g) The director may institute a civil action in any court of competentjurisdiction for the
enforcement of any order issued pursuant to this section. Where the civil action has been
instituted to enforce the civil fine imposed by said order, the director need only show that-the
notice of violation and order were served, that a civil fine was imposed, the amount of the civil
fine imposed and that the fine imposed has not been paid.
(h) Annually, on September 1, the director shall file with the bureau of conveyances, liens
on all properties which have been the subject of fines levied under this section, which remain
unpaid for one year or more after final adjudication and the expiration of the time for any further
appeal.
(i) Fines, assessed under this section shall constitute a lien upon the subject property upon
the filing of said lien with the bureau of conveyances. This lien shall be considered for purposes
of authority, to be the equivalent [ofJ ~ liens which arise pursuant to the provisions of chapter I9
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 boundaries of districu 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.
37 20NING CODE REVISION
oRnFr}ia~e
Section 25-2-~11. Who initiates amendment. An amendment may be submitted by the
council, the director, [orj the owner of the property. or any other person with the property
owner's a~ttho~consent.
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 [$00.00] $.2SLQ 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 surveyor.]
[(5)J(41 A list of the names, addresses and tax map key numbers for those
[property] owners and lessees of record [who are siruated within a three hundred foot radius of
the property proposed to be rezoned] of surroundin„glooertieS who aze required to receive notice
under section 25-2-4.
[(6)J(j~ A county environmental report. A county envirotunentai report shall floc
be required for any amendment where either an environmental impact statement or an
environmental assessment and negative declazation have been prepazed and issued in compliance
with chapter 343, Hawaii Revised Statutes as amended.
ZONING CODE RE~/ISION
38 DaaFrs,ouae
[(7)]j¢~ Any other plans or information required by rules adopted by the director
in accordance with chapter 91, Hawaii Revised Statutes.
(b) Within [five working]~gn days after filing an application for a change of zone, the
applicant shall serve notice ofthe application[, as provided by this chapter,] on surroundins
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] as provided by section ~5-~-4.
(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 ftuther the public necessity and convenience and the general welfaze, 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 w make a recorttmendation on the proposed amendment
within the one hundred twrnty-day period, the application shall be fotwazded 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.
39 ZONING COOS 0.EVIS10N
oraR s.iaroe
(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.
(I) In reviewing the application, the commission shall hold at least one public
hearing and shall provide reasonable notice of the date of the hearing to the applicant. The
commission shall also provide notice by publication of the hearing, as provided in this chapter.
(2) Within (five working] Is,n days afrer receiving notice of the date of the public
hearing, the applicant shall serve notice of the hearing(, as provided by this chapter,) on
51trrnundine owner and lessees of record [of interesu in properties within three hundred feet of
the perimeter boundary of the property proposed for the change of zone] as
nrovided }Zv_ section
2~-?-4. [and to) Thgao,-rlicant cha_11 alto serve notice on owners and lessees of record (of]
interests in other properties which the commission may find to be directly affected by the
proposed amendment.
(3) Within ninety days afrer 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 io act on the application
within the ninety-day period, the application shalt be considered [to have been rejected] ~It
n~favorable recommendation by the commission, and the application shall be transmitted
through the mayot'to the council with such recommendation.
_ ZONING CODE REVt510N
4~ ORAFT 7-101/98
Section 25-2-93. 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) The ~mPndment shall he submitted to the commission with the director's
i~lstification and recommendation on the amendment.
(?)_Upon receipt of a proposed amendment from the director, the [planning)
commission shall hold at least one public hearing. Notice of such heazing shall be given as
required by state law.
((2)](z) Within a reasonable time after the conclusion of the public hearing, the
[planning] commission shall recommend the approval or disapproval of any proposed
amendment and shall [file] submit a report of its findings and action taken with the council.
(b) Council-initiated amendments. Prior to the fiat reading of any proposed council-
initiated amendment to [the zoning code], the council shall refer the proposed
amendment to the directoi and the [planning) commission with requests for their respective
comments and recommendations to be received by the council within a one hundred itiventy-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 hearing on the
proposed amendment and [file] SLbmit a report of its findings to the council within the prescribed
review period. Notice of such hearing shall be given as required by state law.
(3) After the one hundredtwenty-day review period has expired, the council
may proceed to act on [such] Ihti proposed amendment as it deems appropriate.
41 20NING COOnOAE
((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 hearing.]
[(e)]f,~ Notice by mail to surroundine owners and lessees of record of properties within
[three hundred feet of the property affected] the bou~da~ec established ¢~section 25-2-4. shall
not be required for any amendment initiated by the council or the director[; provided, that],
lieu of mailing written notice to surrounding.,pL4pSii~ ^`vT1e r and lessees of record the director
shall Roblish notice of the commission's public hearin;~il at least two newspaners of general
circulation in the County once a week for Lhree consecutive weeks with the last notice to be at
leasr ten d~,r~rior to the hearing The notice shal~pgr~~v the time date and place ofthe
hc~rin~~ its psrmose and ~ description of ~n~roo rtv which may be involved
jsi~ [notice] Notice to owners of [all] any properties SR~ifis~allX subject to the proposed
amendment shall be provided by mail [byJ fL4tI1 the director, no later than thirty days prior to the
commission's 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 genera( 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)]jgl 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
ZONING CODE REVISION
• 42 DMFT s.+aroe
approval in whole or in part, with or without modiftcations, or rejection of such amendment. [n
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] an unfavorable recommendation 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 anv ordinance for a change of zone. the council may impose conditions
on the 3DDIj nt'c use of the property subject to the change of zone provided that the council
finds that the conditions aze:
(1) necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of the
proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
(b) Changes or alterations of conditions of anv canoe 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.
ZONING 000E REVISION
43 oruFrs~a~se
(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] section 2~-2-43.
Section 25-2-d5. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change. A
nonsignificant zoning change must comply with the designations for the ~perty set forth in the
genera( plan and ~ development plan adopted v ordinance. [designations for the property] and
must either:
(t) not result in a net increase in the density [of the zoning designation of]
allowed in the zoning district(,g~ containine the affected area; or
(2) be the lesser of [(i) an) a five percent or one acre increase or decrease in ~
area of any zoning district(sl [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
Starutes, 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.
20NING CODE REVISION
DRAFr Yt0/l98
' Section 25-2-~I. 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 rnanner of development of that property; and
(b) There are no other reasonable alternatives that would resolve the difficulty; and
(c) The variance is consistent with the general purpose of the district, the intent and
purpose of this chapter, and the general plan, and will not be materially detrimental to the public
welfare or cause substantial, adverse impact to an area's character or to adjoining properties.
Section 25-2-52. Application for variance; requirements. Application for a variance
shall be on a form prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of $250;
(2) A description of the property in sufficient detail to determine the precise
location of the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed
structures shown thereon;
(4) A list of the names and addresses of all Downers and lessee of
record of property interests in property within [three hundred feet of the perimeter boundary of
the property for which the variance is sought] the boundaries ecrablished by section 25-2-4.; and
(5) Any other plans or information required by rules adopted by the dircctor in
accordance with chapter 91, Hawaii Revised Statutes.
ZONING COOS REVISION
• 45 oR~cr iiaroe
Section 25-2-53. Notice of action on variance application.
(a) Upon acceptance of a variance application, the director shall fi~c a date for the
director's action on the application. Within (five workings LeII days after receiving notice of such
date, the applicant shall serve notice of the application[, in accordance with this chapter, on
owners and lessees of record of interests in properties within three hundred feet of the perimeter
boundary of the property for which the variance is sought, and to] on surroundine owners and
lessees of record a~ provide by section 2?-2-4 The a~nlicant shall also serve notice on owners
and lessees of record of interests in other properties which the director may find to be directly
affected by the variance sought.
(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; 'v v 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 bear a reasonable relationship to the
variance granted. All actions shall contain a statement of the factual findings supporting the
decision.
(c) If the director fails to act within the prescribed period, the application shall be
considered as having been denied, and the director shall immediately inform the applicant of
such denial.
ZONING CODE REVISION
46 DRnvr ~-i area
Section 25-2-~~. 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 party may request the commission's review of the director's action.
For [purpose] RS-rRoses of this section, an "interested party" means a person who (l) has a
property interest in the subject property; or (2) owns or is the recorded lessee of property within
[three hundred feet of the subject property] thr hrnlnriaries eatabliched by section ~~-~-4; or
(3) can otherwise demonstrate to the satisfaction of the commission that such person will be so
directly and immediately affected by the proposed variance 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] fifreen days after notice of the director's decision, and
shall contain a statement of the grounds of the objection. The request shalt be accompanied by a .
non-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 party within the time period prescribed by
subsection (a) above. The commission shall consider the request at a regulazly 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 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.
20NING CODE REVISION
47 DRnF'r i+area
(c) [f the commission determines that a public hearing is necessary, it shall promptly
schedule the public hearing at which time the applicant, any interested pry, and members of the
general public shall have the opportunity to be heazd on the application. [The commission shall
not hold a) A contested case hearing, as defined in chapter 91, Hawaii Revised Statutes, shall not
be held by the commission on any_vaziance application.
(d) Within [five working] Isn 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 surroundine owners and lessees of record [of interests in
properties within three hundred feet of the perimeter boundary of the affected property] ~,T
provided by section 2~-2-4. [and] The interested n~nv chall also serve notice on owners and
lessees of record of interests in other properties which the commission may find to be directly
affected by the variance 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 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
variance 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 variance application, such decision is final except that, within
thirty days after the date of the written decision, the applicant may appeal such action to the
commission.
48 20NING CODE REVISION
DRAFT 3-tOnG6
(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:
(l) Anon-refundable filing fee of 5250; 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 heazing in
accordance with the provisions of this chapter.
(d) The commission 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 vaziance 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] A contested case hearing, as defined under
chapter 91, Hawaii Revised Statutes, chall not be held ~v_ the co miccion on any variance
(application] anneal.
(t~ Within ninety da}•s after acceptance of an applicant's variance 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] chapter.
(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.
ZONING CODE REVISION
49 oruFr ira~ve
Section 25-2-~7. 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 board of appeals in accordance with [its rules] this
chanter.
Division 6. Use Permits
Section 25-2-60. Purpose. Use permits are permits for certain permitted uses in zoning
districts which require special attention to insure that the uses will neither unduly burden public
agencies to provide public services nor cause substantial adverse impacts upon the surrounding
community.
Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be permitted within designated county zoning districu 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] Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, Lv1L_RA, FA and A[, and IA]
districts; provided that a minimum lot azea of ten thousand squaze feet is required within the RS,
RD, RM, and RA districts.
(4) Day caze [facilities] centers in RS, RD, RM, [RCX,] R4, FA and A[, and IAJ,
districts, provided that a minimum lot azea often 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,
ZONING CODE REVISION
50 DRAFT si aroe
RD, RM, RCX, RA. F.4. A, [IA,] and V, districts, provided that a minimum lot azea of ten
thousand squaze feet shall be required ~~ithin 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 0 districts.
(7) Mortuaries in RS, RD, RM, RCX, RA,_EA and A districts.
(8) Schools in RS, RD, RM, [RCX,] RA,_FA and A, districts, provided that a
minimum lot azea of 10,000 squaze feet shall be required within the RS, RD, RM, [RCX] and RA
districts.
(9) Yacht hazbors 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 aze not specifically permitted in
any zoning district with the approval of the director and the concurzence of the council by
LG541SdS14I1•
(b) Any use which received an approval as a conditionally permitted use prior to
September 2~, 1984, or which received prior approval thzough the use permit process, is
considered a legal use of the affected pazcel and may be expanded or enlazged without obtaining
another use permit, provided such expansion, etilazgement 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 permit shall be made to the commission, in accordance with
its rules, on a form prescribed by the commission.
S l 20NING CDMR ~
(b) The application shall be accompanied by:
(1) A filing fee of 5250.
(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 are situated within a three hundred foot radius of the
perimeter boundary of the property for which the use permit is sought] of surroundine orooerties
who are required to receive notice under section 25-2-4; and
(5) A written description of the proposed use and a statement of objectives and
reasons for the request, including an analysis of how the request satisfies each of the standazds
contained in section 25-2-65.
Section 25-2-63. Procedure for use permit.
(a) Upon acceptance of a use permit application, the commission shall fix a date for a
public hearing. The public hearing shall be commenced no later than 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] ~g applicant
shall serve notice of the use Hermit application[, in accordance with the requirements of this
chapter,] on [the] surroundine owners and lessees of record [of interests in properties within three
hundred feet of the perimeter boundary of the property for which the use permit is sought. In
addition, within five working days after receiving notice of the date of the public hearing, the
SZ ZONING CODE RE~/ISION
DitAFr 3-wise
applicant shall serve notice of the hearing, in accordance vrith the requirements of this chapter,
on owners and lessees of record of interests in properties within three hundred feet of the
perimeter boundary of the affzcted property and]~nrovid by~ection 25-2-4. The applicant
shall also serve notice on owners and lessees of record [of] interests in other properties which the
commission may find to be directly affected by the use permit sought.
(c) Prior to the public hearing, the commission shall publish notice of the public hearing
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 includin o Irc of dail'+ operation a_~d terms of the use permit. The
conditions imposed by the commission shall bear a reasonable relationship to the use permit
granted, and shall be accompanied by a statement of the factual findings supporting the approval
and the conditions imposed.
(c) If the commission fails to render a decision within the prescribed period, the
application shall be considered as being approved.
(d) Concturent 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;
ZONING CODE REVISION
53 oR~Fr iialae
(2) The granting of the proposed use [will] ~l not be materially detrimental to
the public ~velfaze nor cause substantial, adverse impact to the community's character or to
surrounding properties; and
(3) The granting of the proposed use [will] 5.h~11 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 aRer the date of the commission's written decision, any person
aggrieved by the decision may appeal the commission's action to the boazd of appeals in
accordance with [iu rules] this chaff.
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
~~erif}•ing 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 if:
(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 years.
20NING CODE REVISION
54 oaaFr a•iaroe
(c) The proceeding to revoke a use permit, upon request of the director, shall require
~~Titten 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 afrer the mailing of the commission's order,
appeal the commission's action to the boazd of appeals as provided by section ~-6.3 of the
County charter and sections 2~-2-20 through 25-2-24 of this chapter. An appeal to the boazd of
appeals shall stay the provisions of the commission's revocation order pending the final decision
of the board of appeals.
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
aze cazried 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, F~A and IA districu.
(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.
S5 zoNiNC coon~rEiiSaAe
(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 2~-4-7.
(2) Home occupations, as permitted under section 2~-4-13.
(3) Public uses, structures and buildings and community buildings, as permitted
under section 2~-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
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] $A and FA districts prior to the
construction or installation of any new structure or dcvelopment, 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 pemtit, 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; ,
56 ZONING CODE REVISION
DRAFT 7.10!108
(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 standazd of improvement and location, number, and size of
oarkin_ spaces, arrangement and on-site circulation of all off-street parking and loading facilities
including points of access thereto from adjoining streets;
(F) The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
(G) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
(2) Any other information required by Hiles adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
Section 25-2-73. Plan approval application requirements for bed and breakfast
cstablisbments. 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
57 20NING COOO~E~EVISI ION
(4) Documentation to verify that the bed and breakfast establishment complies
with all of the accessibility requirements under the Americans with Disabilities Act (AD:~).
Section 2~-2-74. Plan approval application requirements for telecommunication
antennas. In addition to the application requirements for plan approval contained in section 2~-
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;
(2) Btli~din:.R~nc for the tower certified by a licenced structural engineer.
verifv~pg_that the tower togzther with the initial antennas and other eq~pment ps4 to b
~~stalled th reon will have a hard survivability fnr cllctained winds of one hundred mile ner
hour:
LiLA statement from the Federal Aviation Administration that the application has
not been found to be a hazard to air navigation; and
[(3)]u 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 2~-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 cam out and further the purposes of this chapter
and the considerations contained in section 2~-2-76.
[(c)]f~,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
20NING CODE REVISION
58 , DRnFr Marx
the operator of the bed and breakfast establishment provides all verification required under
section 2~-2-73.
[(d)](s~ 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 2a-2-76 and ZS-4-1 Z,
and if the applicant provides all verification required under section 25-2-74.J
[(e)](5~ The director may only issue plan approval for a home occupation if the proposed
use meets all of the conditions in sections 2~-2-76 and 25-4-13.
[(f)]j~ 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 2~-?-76 and 2~-4-8.
[(g)](Q 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.
Section 25-2-76. Review criteria and conditions of approval.
(a) In reviewing a plan approval application, the director shal I consider the proposed
structure, development or use in relation to the surrounding property, improvements, streets,
traffic, community characteristics, nattual features, and may require conditions or changes to
assure:
(1) Adequate light and air, and proper siting and arrangements (ofJ aze provided
~ 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;
20NIN0 CODE REVISION
59 DRnFriiaree
Adequate off-street pazking is provided to serve the structure, development or '
use, regardless of the otherwise minimum requirements of this chapter;
(5) Access to the pazking areas will no[ create potential accident hazards; and
(7) Within reasonable limits, any natural and man-made features of community
value are preserved;
(81 Dust a_nd odor impacts are kept to a minimum.
(b) The director shall require any conditions or changes in the proposal which, in the
director's opinion, aze necessary to carry out the purposes of this chapter and the 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
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 boazd of appeals, in accordance with [its rules]
this chaff, within thirty days after date of the director's written decision.
ZONING CODE REVISION
60 oR,aFr salsa
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).
161 FA famjJy~griculmral district (article 5. division 61
((6)]1Z1 A, agricultural districts (article 5, division [6]Z).
[(7)]1$1 IA, intensive agricultural districts (article 5, division [7]$).
[(8)]IQ1 V, resort-hotel districts (article 5, division [8]Q).
[(9)]1191 CN, neighborhood commercial districts (article 5, division [9]1Q)•
((10)]1111 CG, general cotmercial districts (article 5, division [10]ll)•
[(11)]jy;) CV, village commercial districts (article 5, division [ll]L)•
[(12)]1.131 MCX, industrial cottunercial mixed districts (article 5, division
[12113)•
[(13)]1141 ML, limited industrial districts (article 5, division (13]14).
[(14)]11, MG, general industrial districu (article 5, division [14]10.
[(15)]11,¢1 O, open districu (article 5, division [15]15).
[(16)]11]_1 Special districts (article 6 and 7).
(b) Any building site within the commercial office (CO) district as of the date of the
adoption of this section, shall autotnatically be redesignated as a general commercial (CG)
ZONING CODE REVISION
61 DRAFT~~aes
district, with the same minimum land area required for each building site, and any building
site within the unplanned (U) district as of the date of the adoption of this section, shall
automatically be redesignated as an agricultural (A) district with a minimurr, 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] 4[ safety, flood hazard
district designation, whichever is applicable, is removed as a zoning district designation for the
building site. The redesignation provided for under this subsection sha]l 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 trap to be corrected to reflect the
redesignation described in this subsection.
Section 35-3-2. Designation of special districts. The special zoning districts of the.
County shall consist of the following:
(I) Kaitua 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] Project 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 zotilng 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
ZONING CODE REVISION
62 DRnFr i~o~es
duly enacted ordinance on the other, the provisions of the ordinance shall be authoritative. As
between ordinances, the provisions of an ordinance enacted later in time shall control.
(b) The zone maps in article 8 of this chapter, adopted by ordinance numbers 74
(1967), 109 (1967), 110 (1967), 111 (1967), 187 (1968), and 190 (1969), and any amendments
to these maps by ordinance shall constitute the zoning map of the Counry. 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) Ordirtat?ce number and effective date;
(2) General location of land affected or tax trap key:
(3) Original district designation; and
(4) Final district designation.
ZONING CODE REVISION
63 oRnFr ~-~aea
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.
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 afrer May 24, 1967 and any
building or structure erected, cottstructed, reconstructed, moved or structurally altered afrer
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 afrer May 24, 1967 shall not:
(1) Exceed the height;
(2) Accommodate or house a greater number of families;
(3) Occupy a greater percentage of lot area, if provided by the zoning district;
(4) Have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein permitted; or
(5) In any other manner be contrary to the provisions of this chapter.
{d) Iv'o 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.
ZONING CODE REVISION
64 DRAP't 3.10!96
(e) Any yard or [lot] building site existing as of September 11, 1966, shall not be
reduced in dimension or area below the minimum requirements set forth in this chapter. Am'
yard or [lot] buildins site created after Ivfay 24, 1967, shall meet at least the minimum
requirements established by this chapter. Prnviderl however. that a building Site smaller in area
than the five acre minimum LgQuirement in the agricultural (Al district may be established in
accordance with the minimum building~ite area des4nated for the pt4pgLty as of December
1996•
Section 25-3-6. Rules for interpretation of district boundaries.
Where uncenainty 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) Boundazies 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 limiu;
(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 highwatet 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
ZONING CODE REVISION
65 DIUF-r 3-~r>A5
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 detetzrtine 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
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.
(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
ZONING CODE REVISION
66 oRnFr o-t oi~
required yards of any building site shall be computed excluding any area within plan lines for
future streets established on the zoning map.
ZONING CODE REVISION
6~ DRAfT }10196
Article 4. General Development Regulations
Division 1. Use Regulations
Section 25-4-1. Existing buildings. Construction on any building upon which was
(awfully 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 human
occupancy.
(a) On any building site, no building designed or intended for human occupancy shall
be constructed and no permit therefor shall be issued unless:
(1) The building site is served by (either a publicly) a Counly water s,,
sLtem or a
privately owned and operated water system, or other private. individual means of providing
water to the building site is demonstrated; and
(2) A wastewater treatment system for the proposed building has been approved
by the state department of health.
(b) On any building site in any subdivision approved by the director under chapter 23
[(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 an}', and
sewage disposal system, if any, have been constructed, inspected and approved by the
appropriate County agencies; or
(2) Final subdivision approval has been secured by the subdivider in
accordance with chapter 23, by posting a surety bond or other security guaranteeing the
ZONING CODE REVISION
6$ DRAFT 310196
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] iII
which such dwel[ine unit is situated 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~. 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 Starutes, 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, tamp or similar structure that is necessary
for vehicular access to the adjoining property. This section shall not prohibit normal street
improvements and those other facilities normally placed in streets.
ZONING CODE REVISION
69 oruFr s+oAa
Section 25-4-7. Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be permitted in the RD. RM. RCX, RA,
EA. A, V, CIY, 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) bra 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 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 [orJ ansi a guest house,,..pnr~uant to section 25~-9. on a building site.
(4) The bed and breakfast establishment shall contain no more than five guest
bedrooms for rent to guesu.
(5) In the RS[,J and RD(, RA and AJ districts, the. minimum lot size for a bed
and breakfast establishment with three to five guest bedrooms shall be fifteen thousand square
ZONING CODE REVISION
~]Q DRAFr 7.1 W%
feet, and any lot less than fifteen thousand square feet shall not have more than two guest
bedrooms. In the RA FA and A districts the minimum lot size for a bed and breakfast
esrahlishmenr with three to fiv~~rlest bedrooms shall he the minimum lot size specified for the
anolicable zonity 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-sweet
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, RASA 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.
(d) Any bed and breakfast establishment which has not received plan approval shall be
considered illegal under this chapter.
ZONING CODE REVISION
7I DitAFT 1roroe
(e) Any bed and breakfast establishment existing 'as of the date of adoption of this
section, which ~onformc to the ctandardc contained in cection 25-4-7(bl. and 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] Centember 30. 1997 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] June 30. 1997, 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 ~onformin~o the ctandardc of cection 25-4-7(bl 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 0 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.
ZONING CODE REVISION
72 DRAFT }urea
(b) A temporary real estate office and mode( home shall also be subject to the
follov,•ing 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 mode( home shall not be used for a
period longer than twenty-four months from the dale 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 uniu 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) Pazking for the temporary real estate office use shall be based on a
minimum of one pazking stall for each employee and a minimum of one parking stall for each
four hundred square feet of gross floor arcs. The pazking requirement may be satisfied
off-site, provided that approval is secured from the director.
(6) The temporary teal estate office and/or model home shall comply with the
minimum setback and height requirements of the particular zoning district.
Section 25-0-9. Guest houses. One guest house may only be established on a
building site that is at least seven thousand five hundred square feet in area. A guest house
73 zoNiHC c o~~ s~
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 pazk 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] and i c ,c are 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:
74 ZONING CODE REVISION
DRAFT 110NE
(1) Freestanding antennas and towers shall be set back from every property line
a minimum of one foot for every five feet of antenna or tower height.
(2) Telecommunication antennas and towers supported by guy wires shall be set
back from every property line a minimum of one foot for every one foot of antenna or tower
height.
(&1 The tower LQEether with the initial antennas and other equipment
orop9~S~SQkZe
incralted thereon chall have a hard curvivabilitxfor curtained winds of at least one hundred mile
rpe hour.
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 districu.
(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 fot 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.
20NING CODE REVISION
75 ORAFT }7496
(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.
(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 pazking 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 aze 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.
(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
ZONING CODE REVISION
76 DRAFT 110/98
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 penrtitted use.]
(1 A home occupation shall he permitted as incidental and subordinate to the use of a
dwelling in anv district in which a dwellino is located provided thatthe home occupation does
no~~IIgP th character nd external appearance of the dwelline
(bl All home occuRlt!ons shall comply with the followine standazds~
~ The home nrr~illinn shall he mnAn~rerl either entirely within the dwelling
or if outside the dwelling,She activir+ shall he screened from public view.
(?J No etterior ciens.~ymbolc disp~vc or advertisements relating to the home
9,c~pation shall be djgp]~ved nor shall anv interior signs be visible from the public view.
Anv materials supplies orytpducts relating to the home occupation which aze
stored outside of the dwellipg or o h r (]y~ncloced buildingshall be screened from thgpublic
view.
(_41 Articles cold on the premises chaff be limited to those produced by the home
occupation and to ins ~etional materials pertinent to Lhe home occupation.
~1 Orly one ~nlovee shall be permitted in addition to household members
ynder the home occupation.
f§~ A minimum of one parking pace shall be provided on the buildingsite in
addition to r ing_tr~n+*ed for he dwellingyse or other permitted aces if the home occupation
involves customer or client visits or meetjpgc The director may rgQ~~ire additional p r
spaces where the director finds Lat etch additional r i g~ acp~ ec may bg reasonably necessary
to avoid off site or inappropriate pytkin~ locations A_ny resident of amultiple-family dwellino
20NING CODE REVISION
77 ORAFr }1 W9E
may fitlfill the parking requirement by the ace of guest arking with the written aonroval of the
buildjp; owner manager or condominium association
f~) Plan annrov~l shall be secured from the director prior to the establishment or
~o~nsion of a home ocr„ypation only if the home occupation involves anv of the following
activities:
Customer or client visits:
FreGUent deliveries or i k roc:
f Ctorage of m-terialc ~pnliec or nroductc related to the home occun~t1 ion
nntside of the dwelling or other fu~~nclosed building: or
(4) Activities conducted outside of the dwelline.
fdl A
sneciaf permit sh 11 be obt~ined for anv om o ~pation on a building c;te that is .
s+n~ated wi hin either the state land use rural or ag>;r~~lt ,ral district.
(g) The folloti^ngacti~^ties sh°ll not be permitted as home Deco ate::
(1) Contractor cto~ge yards including v^thout limitation. the storage. use. repair
or f brication of eouirament de4jgned or intended for use in land excavation or in the construction
of h, ' gc nr ~thr~ ctn,rn,rec nr other similar heavy equipment.
;~~p~~* f~~*+~ation Qtpainting of autmm~hil c nr other motorized vehicles.
except those os. ed by household members and which are not sold or made available for sale
v^thin one year of each activitv~gardinQ~v particular vehicle.
f3J Care treatment or boardine of animals in exchange for money. goods.
services or other consideration.
141 rrot!{2jnstruction.
Any activities -nd aces which aze only nermitted is industrial districts.
ZONING CODE REVISION
78 DRAFT 170/98
(61 Anv activities which involves frequent visits by the public.
(fl Any home occupation existing as of the date of adoption of this section «hich
igq it plan approval under subsection (cl may continue as anon-conforming use until
Sgptember 30 1997 at which time anv such continued use without receipt of plan approval shall
hr rnnc'rlr Pri ;Ilrea( unrirr rh;s chapter Prior to June 30 1997 anv person may apply for plan
approval for anv home nn~up~tion existing ae of the date of adoption of this section which
~ it s plan approval under subsection (cl. and upon issuance of plan approval. the use shall be
considered a nermitted 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] buildin~ite, provided the following
conditions are met:
(1) The access drive connecting the [lot] buildine site with the street shall have
a minimum width of fifteen feet.
(2) The access drive shall be the sole access for only one (lot] b ~i~ IdinP site,
uriless duel access is approved by the director after consultation with the chief engineer.
(3) The [lot] buildingsite area, ituluding the access drive, shall be the
minimum building site area required for the zoning district.
(4) The minimum yards for a flag lot, excluding the access drive, shall be the
minimum side yards requircd for a building site in the applicable zoning district.
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. ,
79 ZONING COODREARF'f SI~ONe
(b) If any existing structure exceeds the established zoning district height limits, it
shall not be further increased in height.
Section 25-421. 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] tt
~Pcom~nication antennas not to exceed
five hundred feet from existing grade.
(d) One antenna for an amateur radio station operation per building site, noc to exceed
ninety feet above existing grade.
(e) Wind machines, where permitted, provided that each machine shall be set back
from all property lines one foot for each foot of height, measured from the highest vertical
extension Of the system.
(f) Any energy savings device, including heat pumps and solar collectors, not to
exceed eight Feet above the governing height limit.
(g) Non-residential agricultural structures in the FA_ A and IA districu, not to exceed
one hundred feet, as approved by the director upon finding that the additional height above
forty-five feet is necessary.
ZONING CODE RENSION
• 80 aRnvr }i wss
Section 25-4-23. Accessory structure height limitations. An accessory structure
shall not exceed [fifteen] w 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:
(a) Fifty percent of the required building site average width for any building site in a
zoning district providing for a minimum building site of one acre or less, except for flag lots,
any building site located at the end of a cul de sac, and any building site where the access to
the building site is by means of a roadway easement.
(b) One hundred feet for any building site in a zoning district providing for a minimum
building site of over one acre, except for flag lots, any building site located at the end of a cul .
de sac, and any building site where the access to the building site is by means of a roadway
easement.
(c) The width of the pole or fifteen feet for any flag lot.
(d) Fifteen feet for any building site located at the end of a cul de sac.
(e) No sweet frontage shall be required for any building site where access to the
building site is by means of a roadway easement.
Section 25-4-31. Minimum building site area; minimum average width.
(a) Unless otherwise specified in this chapter, each main building must be located on a
building site having not less than the established zoning district minimum building site area.
(b) Any building site which has less area or width than that required by the established
zoning district, may be used as a legal building site; provided that the owner of the building
site owns no adjoining property at the same time.
ZONING COOS REVISION
81 ORAFr Ylase
(c) A building site shall be deemed to conform to•the requirements for buildin, site
average width if any portion of the building site considered separately has the minimum
building site area with the minimum average width.
Section 25-4-32. Reduction of building site below minimum area.
(a) A building site may not be reduced below the established zoning district minimum
building site area, and an existing building site, which is below the minimum building site
area, may not be further reduced in area. extent
a~nrovided under section 25-3-5.
(b) Any legal building site reduced in area or average width by not more than twenty
percent, by reason of the establishment of future width lines or plan lines for future streets or
by the acquisition by a public agency for public purposes, shall be deemed to be a legal
building site as to the remainder of the [lot] b Ii~dinQ cite.
Section 25-4-33. Effect of delinquent tar sale; recordation of land. Any parcel of
land that is not otherwise a legal building site does not become a legal building site by vittue
of being sold at a delinquent tax sale, or by reason of recordation of the parcel of land at the
state bureau of conveyances.
Section 25-4-34. Waiver of minimum site building area for utilities. The required
minimum building site area may be waived by the director for public utility or public
rights-of--way subdivisions, or both, and any resulting remnant parcels.
Division 4. Yards and Open Space
Section 25~-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] ~P~tionc 25-40 chrouQ 2h 5137.
ZONINO CODE REVISION
82 DRAFT ~•tOroe
(b) No required yard or open space may fulfill the requirement for more than one
building, building site, or use.
(c) A building site shall have a front yard wherever it has a street frontage, except
where the option of either a front or rear yard is allowed in CV and CG districts.
(d) In CV and CG districts, where the [lot) b lildi o site is bounded by two or more
streets, a minimum of one front yard shall be required. Its location shall be determined by
taking into account the relationship and impact of the development to the adjoining streets.
(e) Unless otherwise specified, yards, open spaces, and distances shall be measured
horizontally.
Section 25-4-41. Triangular or irregular building sites.
(a) On any triangular shaped building site, the rear yard shall be measured from the
point most neazly opposite the street line and in the same manner as for a corner building site.
(b) In the event a building site is so irregulaz in shape that it is impossible to establish
side and rear yards, the director shall view the relationship between the building site and
surrounding property and shall specify the required yards.
Section 25-4-42. Comer building sites.
(a) On any comer building site, the interior lines shall be side lot lines and alt rear
yard regulations shall be inapplicable.
(b) On any corner building site in al! zoning districts except in the CN district, within
the area of a triangle formed by the street lines of such building site (ignoring any corner
radius), and a line drawn between points on such street lines twenty-five feet from the
intersection thereof, no fence, wall, hedge, or building shall be higher than three feet nor shall
there be any obstruction to vision other that a post, column, tree trunk clear of branches or
' ZONING CODE REVISION
83 oawFr s,oroe
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] allows "see-through" visibility is permitted to a
height of eight feet without any front, side, or rear yard requiremenu.
(b) No fence, wall, architectural feature, or other obstruction shall be placed or be
without gates or openings so as to prohibit complete access around any main building at all
times.
(c) Any accessory structure, including any fence. or wall over six feet in height,
architectural feature or water tank, which is not connected to a building, may not extend into
any required front, side or rear yard, but may be located next to any building without any
open space requirement.
Section ZS-4-44. Permitted projections into yards and open spaces.
(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills,
frames, beam ends, cornices, canopies, porches, balconies, terraces, fire escapes, stairs,
ramps, above-grade pools and other similar features may extend four feet into any required
yard or open space that is less than ten feet, five feet when required yard or space is from ten
up to fifteen feet, and six feet when required yard is over fifteen feet; provided that:
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp
or other similar feature shall be enclosed above or below the extension except that there may
ZONING GOOE ftEVisION
84 ORAFf 3.101%
be individual posts or beams for support and open or ;rill 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 Porte-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.
Section 25-4-47. Minimum distance between main buildings on same [building
site] 14I. Unless otherwise specified, the minimum distance between main buildings on the
same building site shall be fifteen feet, measured between the walls of the two buildings.
(Section 25-4-48. Yazds required for accessory buildings.
(a) Unless otherwise permitted or regulated, the same yazds 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 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.
85 ZONING COOO~E fib SIaO~N
(d) Any accessory building that is noc 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 [o accessory buildings and noc 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.
Section 25-4-51. Required number of parking spaces.
(a) The number of parking spaces for each use shalt be as follows:
(t) 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, FAA and IA districu: one for each (two] Ihrssi hundred square feet of gross
floor area.
(4) Day care [facilities] L.~IICP.LT: 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 and one quarter for each unit. ,
ZONING CODE REVt570N
H6 DRAFT 110/08
(6) Dwellings, single-family and double-family or dupte!c: [one] t~ 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[,] and lodges [and inns]: one for every two units.
(11) Industrial uses in ML MG, MCX, RA, EA. 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
persons that the outdoor facilities aze designed to accommodate when used to the tttaximum
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]: as determined by the director.
(17) Recreation facilities, outdoor or indoor, other than herein specified: one
for each two hundred squaze feet of gross floor area, plus three per court (racquetball, tennis
or similar activities).
ZONING CODE REVISION
87 oRaFr iiaree
(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 [en 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 establishmenu where there is no trade or
retail traffic: one for each one thousand square feet of gross floor azea.
(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;
ZONING CODE REVISION
88 DRAFT }70x98
(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 pazking spaces.
(a) When computation of required parking spaces results in a fractional number, the
number of spaces required shall be the next highest whole number.
(b) In stadiums, sports arenas, meeting facilities, and other places of assembly in
which patrons or spectators occupy benches, pews or other similar seating facilities, each
twenty-four inches of width shall be counted as a seat for the purpose of determining
requirements for off-street parking.
(c) If bicycle pazking stalls are constructed on any building site, the total number of
required parking spaces shall be reduced by one parking space for every five bicycle parking
stalls constructed.
(d) At least sixty-seven percent of the required pazking shall be standard sized pazking
spaces, and thirty-three percent may be compact spaces.
(e) The director may increase the required number of parking spaces for any use
during plan approval if the director reviews the proposed use and its impact to the immediate
area and finds that the increase will further the public safety, convenience and welfare.
89 zoNwc c oo~eisi~
(f) If there is any doubt as to the requirements for off-street parking for any use not
specifically mentioned or for any o[her 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 pazking bays shall be provided in accordance with the
following:
Angle of Parking to Curb Minimum Width
to 0° (pazallel) 12'
to 45 ° 14'
to 60° 18'
to 90° (perpendicular) 24'
(d) Parking spaces may have a three foot unpaved car overhang area,
Section 25-4-54. Standards and improvements to off-street parking spaces.
(a) All parking spaces shall be arranged so as to be individually accessible.
(b) Except for one duplex dwelling or two single-family dwellings on any single
building site, access to any individual pazking 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.
ZONING CODE REVISION
• 90 DRAFT ]•70I9B
(d) For any permitted use in the RS, RA, FAA 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 wail shall not be considered a building column.
Section 25-4-55. Parking for (individuals] sons 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.]
!al An arrresihl hnildin~site shall have at least one accessible route within the
boundaries of the building cite from pyblic transportation stool. accessible parkino spaces.
as,..ce~_n~ IoadinF,~onec if provided and nublic streets or sidewalks to an acceccible buildino
Pntrance The acceccible route shall connect a clear path of [rave(. a minimum clear width of
thy- ix inches to accessible buildings accessible facilities acceccihle elements and
acceccible par ing~naces on he building siteyn comnliance wi h he .ounty Gode. chapter 5.
(bl arking ypgce~provided for self-parking by
e~ptnyees or visitors. or both.
then acceccible maces shall be nrovided in each srich p r i g area in conformance wish the
table below 4 a c r ghir d the table need not be provided in the particular parking area
and maKbgprovided in a different location if eouivalent or greater accessibility. in tettns of
distance from an acceccible entrance is erLUred
9I ZONING COODREnRF'f SI~ONa
Total r -i ~,On B ~ildin~ Site & Renuired Minimum Number of 4ccecsible Spaces
1 to 25 1
26 to 50 2
51 tom. 3
76 to 100 4
101 to 150 ~
151 [0 200 ~
201 to 300 Z
301 to 400 $
401 to 500 4
501 to 1000 ?,percent of total
1001 and over ~0 nluc one for each hundred over one thousand Additional narkin_
~uirements for medical.~ealth car f r't;r;oe and treatment facilities for persons with
disahilities.
jll Accessible an rkin~ arPS for sedans chap be ninerv-six inchec wide by two
pnnrirPd sixteen inchec dip with a sixty inch wide access aisle Accessible p~ikipg~paces forfor
vans shall be one hundred eight inchec wide by two hundred sixteen inchec dee wi h a
nin ^cix inch wide access aisle.
~l Par -ing arrecs aides shall be part of an acceccihle route to the buildino or
fa il' entrance Two accessibl~parkino cnarrc may share a common access aisle Parked
vehicle overhangs ch 11 not reduce he clear wid h of n acceccihle route Parking cRacec and
art c aiclec shall be level with surface donee not exceeding_1.50 ([wo percent) in all
directions.
13~ Provisions of -11 re~gllir d par ing~parec in nnfo ante with "tlnivercal
Par i g_j~c'gn" ;,g,ynermitted Universal ar i g~a1lc shall be one hundred th;rty-two inches
wide b~two hundred sixteen inchec deep with a sixty inch wide access aisle.
~l Van Access One in eveiy~i~ht accessible epaee_s_a"per above (Il but not less
than one shall be served )Zan ac etc aisle ninenl-siz inches wide minimum and shall be
~ignated °v~n accessible` The vertical clearance of ninety-eight in hes at s ~ h spaces shall
ZONING CODE REVISION
92 DRAFT 110/98
orovided at the p
rs1__kinQ cnace and alono at lead one vehicle access route to such snaces
Flom cite entrance(gl and eYit(c) ll cuch c a c may be grouped on one level of a parking
structure.
(el Passenger loadin~7onec If passenger loading zones are provided. then at least
ongpacc~,pger loadipgzone shall be provided Passenger loading zones shall provide an
arrPcc aisle at least cixrv ;nrhes wide and two hundred forty inches long asJjacent and parall l
to the vehicle pl+l_ 1 up~nace If there are curbs between the access aisle and Lhe vehicle null-
ilp•~pace then a curb ramRchall be orovided Vehicle standing spaces and access aisles shall
jig level with surface slonPC not exceeding 1.50 (two percent) in all directions Vertical
~earance of one hundred fourteen inches at acceccibl~passenger loading zones and along at
least one vehicle access route to such areas from sire entrance(s) and exit(s) shall be provided .
(f1 At facilities providine medical care parking snaces shall be provided:
(11 Oumatient units and facilities ten pe~~Pnt of Lhe total number of ap
r_ kind
snaces_provided serving Pa~h cuch oumatient unit or facilirv:
tin;rc and facilities that ynerialize in treatment or cervices for persons with
mobility-imoairmentc• twenrv percent of Lhe toll number of p r ing_~nacec provided servine
each cuch unit Oi facility,
~ Valet parkulgfacili iec shall provide a p85SliIIger Inadin~zone located on an
dl;~ cc•ble route to the entrance of Lhe faciiily~x_~.Spt where valet ap_rking onl v is aced for all
parki gs a +ir d X hat facility.
(hl Sienaee Accessible ap
r~ki g s; asps shall be designated ac reserved by a sign
owipg the ct bol of accessibility $pae•c shall have an additiortal sign "Van-Accessible"
mnnnted below Lhe symhol of accessibiljp~• Such signs shall he located co the bottom edg~i9f' ,
ZONING CODE NEViSION
93 Dw~r s+o~e
t~j~n is eiohrv inchec minimum above the finish surface of the accessible parkino stalls
ins which dec„ynate p2ljutl;~pa~P° ch''11 be a minimum tweh~e inches by twelve inchec with
~j;ht in h c high ISA (International Cvmbol of Acceccibility) cvmbol The construction of the
gj;n shall be OSO inch minimum thiclLecc aluminum sheet mounted on three inch square
tr`le, ar ~bipp or al2proved equal.
(hl [n the event that the Americans with Disabilities Act f"A)~") requires more
strino t ipg standards f~pP~sons with disabilities than those r^^tained in this section the
~gqu+rem nts of ADA shall be followed.
ZONING CODE REVISION
94 DRAFr sio~e
Section 25-4-56. Off-street loading requirements. Off-street loading requirements
shall apply to al( 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 ~
services, repair, Each additional 50,000 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 i
151 - 300 2
Each additional 200 or major 1
fraction thereof
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
ZONING 000E REVISION
95 oRnari~oroe
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] five thousand square feet, the horizontal dimetsions of the loading space shall be
ten feet wide and twenty-two feet long, and the vertical clearance shall be at least fourteen
feet.
(b) When only one loading space is required and the total gross floor area is more than
[5,000] five thousand square feet, the horizontal dimensions of the loading space shall be
twelve feet wide and fifty feet long, and the vertical clearance shall be at least fourteen feet.
(c) When more than one loading space is required or the total gross floor area is more
than [5,000] five thousand square feet, the minimum horizontal dimension of at least half of
the required loading spaces shall be twelve feet wide and fifty feet long, and the vertical
clearance shalt be at least fourteen feet. The balance of the required loading spaces may have
horizontal dimensions of ten feet wide and twenty-two feet long.
(d) The required apron space, or area provided for maneuvering trucks into or out of
loading position, shall be forty-six feet if the loading space width is ten feet, forty-three feet if
ZONING CODE REVISION
96 DRAFT 3.10/97
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 shat( 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 requttements in this chapter for parking
spaces and loading spaces, after reviewing the proposed use and the use's impact to the
immediate area, if the director makes a finding that the increase will further the public safety,
convenience, and welfare.
(b) In case there is any doubt as to the requirements for parking or loading spaces for
any use not specifically mentioned, or for any other reason, the director shall make such
determination.
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:
ZONING CODE REVISION
97 ORAFr Y10N0
(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, Noah 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 lou with more than ten pazking 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 pazking 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 pazking stalls. Hedges and other landscape elements, including
planter boxes over six inches in height, aze not permitted within the overhang space of the
parking stalls. Trees shall be sited so as to evenly distribute shade throughout the parking lot.
(b) Pazking lou of five or more spaces shall be screened from adjoining lots in RS,
RD, RM, RCX or RA districu 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.
ZONING CODE REVISION
98 oRnFr i+ase
(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 enlarged provided that any enlargement or addition shall conform in every
respect to the regulations for the district in which it is located.
(b) If the portion of the building that is non-conforming should be destroyed it may
only be rebuilt in compliance with all of the requirements under the Counry 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 enlazged
or increased to occupy a greater area of land, nor shall it or the portion of the building housing
it be moved in whole of 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 25-462. Abandonment of nonconforming use.
If any nonconforming use ceases for any mason for a continuous period of
twelve calendar months, or for one season if the use be seasonal, then such use shall not be ,
ZONING CODE REVISION
99 oR~riiar9a
resumed and any use of the land or building or both thereafter shall be in full conformity with
the provisions of this chapter.
Section ZS-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 iu 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
[o 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
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,
ZONING GOOE REVISION
100 oruvr }toren
provided such enlargement, change or addition is itself in full compliance with the district
regulations.
ZONING CODE REVISION
' lOl OMFT }10196
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 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.
(~l C'emeteries and mausoleums as nermitted under chapter 6. article 1 of Lhic
code.
[(2)J(3~ Community buildings, as permitted under section 25~-11.
[(3))14.1 Crop production.
[(4)J1S1 Dwellings, single-family.
[(5)J1~1 Family child care homes.
[(6})171 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)11$1 Golf course maintenance buildings. .
[(8)J1Q1 Golf courses and~olf drivine r nees, provided that the edge of a tee or
green is not closer than one hundred feet to any property line.
[(9)]1191 Group living facilities.
lO2 20NING CO~OME RF
~51~
[(10)]j1ll Home occupations, as permitted under section 25-4-13.
[(11)]jL'1 Meeting facilities.
((12)]L13.) Model homes, as permitted under section 25-4-8.
[(13)]j1.4) Neighborhood parks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(14)]j1$1 Public uses and structures, as permitted under section 25-4-11.
[(15)]j1.4) Telecommunication antennas, as permitted under section 25-4-12.
[(16)]L1Z.) Temporary real esta[e offices, as permitted under section 25-4-8.
[(17)]j.l$) Utility substations, as permitted under section 25~-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 211-7.
(2) Care homes.
(3) [Cemeteries, crematoriums and mausoleums.
(4)] Churches, temples and synagogues.
j41 re atori>Ims.
(5) Day care [facilities] ~.enteiS.
(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.
103 ZONING C ~ON~ARFf $I~
(c) 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.
Section 25-5-5. Minimum building site area. The minimum building site area in the
RS district shall be seven thousand five hundred square feetj, except for those building sites
within a planned unit development, cluster plan development or project district, and approved
by the director].
Section 25-5-6. Minimum building site average width. Each building site in the RS
district shall have a minimum average width of sixty feet, plus two feet for each five hundred
square feet of required building site area in excess of seven thousand five hundred square feet, .
except that no building site shall be required to have an average width of more than one
hundred fifty feet.
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 azea of seven thousand ftve hundred
square feet to and including nine thousand nine hundred ninety-nine square feet[.]
(A) Ftont and reaz yards, fifreen 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
ZONING CODE REVISION
1 O4 DRAFT }10198
(B) Side yards, ten feet for a one story building, plus one additional foot
for each additional story.
(3) On a building site with a required area of twenty thousand square feet or
more:
(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 si[e in an RS
district provided there is not less than the required minimum building site area for each
dwelling.
(b) One guest house, in addition to asingle-family dwelling, may be located on any
building site 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 fot the building site shall be the same as in the RS district
having the largest requirements for which the building site can comply.
(dl x gptions to Lhe regulations for the RS district reeardinesiehts_ building ,cite areas,
building site average widths and yards. may be ap
rop ved by the director within a pi nned snit
develonment_ cluster plan development or prsject district.
Division 2. RD, Double-Family Residential Districts
Section 25-5-20. 1'ttrpose and applicability. The RD (double-family residential)
district provides for moderate density use characterized by the establishment of single or
double-family dwellings on each building site. It applies to areas with developed community
IOS 20NING COOD~
l$IOp~N
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 1tD 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:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
1~1 emeteriec nd maucoleums. as permitted under chapter 6. article 1 of Lhis .
code.
[(3)]141 Community buildings, as permitted under section 25-4-11.
[(4)]~ Crop production.
[(5)]1¢1 Dwellings, double-family or duplex.
((6)J1Z1 Dwellings, single-family.
[(7)]1$Z Family child care homes.
((8)]191 Golf club houses and country clubs where no structure or activity such
as pools and games, is located closer than two hundred feet to any property line.
[(9)](1Q1 Golf course maintenance buildings.
[(10)]j111 Golf courses and eolf driving ranges, provided that the edge of a tee
or green is not closer than one hundred feet to any property line.
[(11)]112,1 Group living facilities.
106 ZONING COOO~E~ ISt~ONa
[(12)](131 Home occupations, as permitted under section 2~~-13.
[(13)J(,1~ Meeting facilities.
[(14)]j,151 Model homes, as permitted under section 25-4-8.
[(15)] 1.14.1 Neighborhood parks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(16)](1]_1 Public uses and structures, as permitted under section 25-4-11.
[(17)]!:1$) Telecottununication an[ettnas, as permitted under section 25-4-12.
[(18)](191 Temporary real estate offices, as permitted under section 25-4-8.
[(19)]1~.Q1 Utility substations, as permitted under section 25~-11.
(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) Caze homes.
(2) [Cemeteries, crernatoriutns and mausoleutns.
(3)] Churches, temples and synagogues.
~l Crematoriums
(4) Day care [facilities] sGnteiS.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and mreation facilities
(7) Mortuaries.
(8) Schools.
(9) Yacht hazbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted
under this section shall also be permitted in the RD district.
1(],~ IONING CODE REVISION
ORAFT NOIY6
Section 25-5-23. Height limit. The height limit in the RD district shall be thirty-five
feet.
Section 25-5-24. Minimum building site area. The minimum building site area in
the ItD district shall be seven thousand five hundred square feet[, except for those building
sites within a planned unit development or project district, and approved by the directorj.
Section 25-5-25. Minimum building site average width. Each building site in the
RD district shall have a minimum average width of sixty feet, plus two feet for each five
hundred square feet of required building site area in excess of seven thousand five hundred
square feet, except that no building site shall be required to have an average width of more
than one hundred fifty feet.
Section 25-5-26. Minimum yards.
(a) The minimum yards in the RD district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred
square feet to and including nine thousand nine hundred ninety-nine square feet(.];
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet 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.
108 ZONING COOOGEnRFT~SI~ONB
(3) On a building site with a required area of twenty thousand square feet or
more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
Section 25-5-27. Other regulations.
(a) There may be more than one double-family dwelling or more than two single-
family dwellings or any combination thereof on each building site in the RD district; provided
that the mittimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district.
(d) x~ptionc to the rep~lationc for the district regarding hsiehts. building site
areac buildinp~,cite averag wid h n v ds m v e annroved by the director within a planned
unit development or plgiect 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
commutrity 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 12M (multiple-family residential) district shall be designated on the zoning
trap by the symbol "RM" followed by a number which indicates the required land area, in ,
109 ZONING COOD~E RfT~51~
thousands of square feet, for each dwelling unit or for each separate rentable unit in the case
of boarding, rooming, or lodging houses, fraternity or sorority houses.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RM district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the 12M district the following density designations shall be used: .75, 1, 1.5, 2,
2.~, 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:
(1) Adult day care homes.
(2) Bed and brealdast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, morning, or lodging houses.
f41 Cemeteries and maucoleumc ac permitted under chanter 6. article 1 of Lhis
code.
[(4)]j51 Cotnmercial 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)],(61 Community buildings, as permitted under section 25-4-11.
[(6)]121 Crop production.
[(7)]1$1 Dwellings, double-family or duplex.
[(8)](9) Dwellings, multiple-family.
[(9)]u.Q1 Dwellings, single-family.
. 110 ZONING COOO~E ~ ISI~ONe
[(10)J1111 Golf club houses and country clubs where no structure or activity
such as pools and games, is located closer than two hundred feet to any property line.
[(11)]I12) Golf course maintenance buildings.
[(12)Ji131 Golf courses and i91f driving ranses, provided that the edge of a tee
or green is not closer than one hundred feet to any property line.
[(13)](14) Family child caze homes.
((14)]jy51 Group living facilities.
[(15)]LL51 Home occupations, as permitted under section 25-4-13.
[(16)]llll Meeting facilities.
[(17)J(.1$). Model homes, as permitted under section 25-4-8.
[(18)]1;191 Neighborhood parks, playgrounds, tetutis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(19)]12D1 Public uses and structures, as permitted under section 25-4-11.
[(20)]1211 Telecommunication antennas, as permitted under section 25-4-12.
[(21))~ Temporary real estate offices, as permitted under section 25-4-8.
(2'~l Time char unite situated in any of the followinq_
(Al Areas desionat d c resort ender the ¢eneral plan land use pattern
allocation m~ide . IPAG) man.
~ reas det fined by the director to be within resort aeeas identified by
th~~IL~ral nlan land uce element except for reheat resort areas.
j~l Areas determined for such use by the council. by resolution.
[(22)]~ Utility substations, as permitted under section 25~-11.
111 ZONING COOD~E R~ 51~
(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 far each use:
(1) Care homes.
(2) [Cemeteries, crematoriutns and mausoleums.
(3}] Churches, temples and synagogues. '
I~1 S'rematoriums.
(4) Day care (facilities] rrntrrc•
(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) 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.
(b) 1n the City of Hilo, the height limit in the RM district shall be one hundred twenty
feet.
Section 25-5-34. Minimum building site area. The minimum building site 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.
112 20NiNG CODDLE ~
~SIOON
Section 25-5-36. Minimum yards. Minimum yards in the RM district shall be as
follows:
(I) 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 in the RM district. Parking areas
shalt not be included within the area required for landscaping on any building site.
Section 25-5-38. Other regulations.
(a) There may be more than one [Hain building on any building site in the RM district.
(b) Distance between buildings on the same building site in the RM district shall be at
least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district.
(dl Exceptions to the reeulationc for the RM dicrrict retgarding heights building cite
arPae buildine cite averaee widths and dr
s_may.~g.3ppiQS~.1TY the director within a planned
unit development or psUect disr_rict.
Division 4. RCX, Residential-Commercial Mixed Use Districts
Section 25-5~0. Purpose and applicability. The RCX (residential-commercial
mixed use) district provides for the [nixing of some small-scale service tune commercial uses
[with] in a district hat is primarily residential [uses] in character. The intent of this district is
to allow a residential area to have certain convenience type of cotttmercial uses so as to
provide more of a neighborhood character to the residential area. ,
113 20NING COODME NF
~SIO0~N
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential-commercial mixed use) district shall be designated on the
zoning map by the symbol "RCX" followed by a number which indicates the required land
area, in thousands of square feet for each dwelling unit, or for each separate rentable unit in
the case of boarding, rooming, or lodging houses, fraternity or sorority houses, or for each
commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5,
2, 2.5, 3, 3.5, 4 and upward in 0.5 increments.
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~-7.
(3) Boarding facilities, rooming, or lodging houses.
(41 ('emeteriec nd maucoleums a5..permitted under ch~tcr 6 article 1 of Lhis
code.
[(4)]~2 Churches, temples and synagogues.
[(5)]L6~. Commercial or personal service uses, on a small scale, as approved by
the director.
[(6)]~ Community buildings, as permitted under section 25-4-11.
114 ZONING CO~D~E~ SIOO~N
[(7)]1$2 Convenience stores.
[(8)](4.2 Crop production.
(1Ql Dav care centers.
((9)]LLL2 Dwellings, double-family or duplex.
[(10)](121 Dwellings, multiple-family.
[(11)]L131 Dwellings, single-family.
[(12)]1L41 Family child caze homes.
[(13)]1151 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)]LL61 Golf course maintenance buildings.
[(15)]11.21 Golf courses an olf driv~g_ranges, provided that the edge of a tee
or green is not closer than one hundred feet to any property line.
[(16)]11$1 Group living facilities.
[(17)]1191 Home occupations, as permitted under section 25-4-13.
((18)]12Q2 Medical clinics.
[(19)]1211 Meeting facilities.
[(20)J1221 Model homes, as permitted under section 25~-8.
[(21)]1231 Neighborhood pazks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(22)]12_41 Public uses and structures, as petirtitted under section 25~-11.
[(23)]1251 Restaurants, including take-out restaurants.
x261 . Cchools.
((24)]1221 Telecommunication antennas, as permitted under section 25-4-12.
115 20NING COOO~E ~i51~
[(25)]1.2.$1 Utility substations, as permitted under section 25-4-I1.
(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 pertrtit is issued for each use:
(1) Care homes.
(2) [Cemeteries, crematoriums and mausoleums] Crematoriums.
(3j [Day care facilities.
(4)] Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
[(5)Ji41 Major outdoor amusement and recreation facilities.
[(6)J1~1 Mortuaries.
[(7) Schools.
(8)]J~ Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the above uses shall
also be permitted in the RCX district.
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 area. The minimum building site azea in
the RCX district shall be seven thousand five hundred square feet.
Section 25-5-45. Minimum building site average width. Each building site in the
RCX district shall have a minimum average width of sixty feet.
Section 25-5-46. Minimum yards. Minimum yards in the RCX district shall be as
follows:
(1) Front and rear yards: twenty feet; and
ZONING CODE REVISION
116 oRn~r i,a,ae
(3) 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. Parkin, areas
shall not be included within the area required for landscaping on any building site.
Section 25-5-48. Commercial use restrictions.
(a) Where cottunercial 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 fifreen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RCX district.
(dl Fxcentions to the rem~lations for the RCX district rcQ rdin¢~Qhts. buildinE site
arras huildin~j av~ ~ wid he and vards. may be app
or vcd by the director within a Ip armed
unit development or ~rpject district.
l l7 ZONING COOD~E R~ SI~ONQ
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
characterized by residential estates, small farms, or subsistence lots] residential lots in rural
areas where "cirv-like concentrations of maple. structures. streets. and urban level of services
are absent. and where small farms are intermixed with low density residential lots. The RA
district is [not] intended to be 4Illy within areas designated as being in the state land use
[agriculrural] rural or urban (district) ~1SIL1C.tS•
Section 25-5-51. Designation of RA districts. Each RA (residential and agriculrural)
district shall be designated on the zoning map by the symbol "RA" followed by a number and
the lower case letter "a" which indicates the required or minimum number of acres for each
building site. For example RA-la means a residential agricultural district with a minimum
building site 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)]~ Animal quarantine stations.
[(5)]~ Aquaculrure.
ZONINO CODE REVISION
118 DRAFT 370/98
[(6)]L21 Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
j¢l C'emeteriec and mausoleums. as permitted under chapter 6. article l of this
code.
(7) Crop production.
(8) Dwelling, single-family, one per building site.
(9) Family child care homes.
(10) Golf club houses [and country clubs].
(11) Golf course maintenance buildings.
(12) Golf courses and golf drivins ranees.
(13) Group living facilities.
(14) [Home occupations, as permitted under section 25-4-13.] KCnn~15.,
provided that the building3j*P ~ minimum of five acrec in area and the ctructurec are located
at lead one hundred feet awa om anv lot line.
(15) Livestock production (excluding pigs), provided that:
(A) The requiremenu of the departrnent 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] seve -five feet from [any dwelling unit] loLliIIa. [In case the adjoining lot is
vacant and subsequently a dwelling unit is built on that lot, the animal enclosure shall be
moved to conform to the requirement of this paragraph.] .
119 ZONING COOO~E R~ ISIS
' (16) Public and private parks, (public] playgrounds, and other similar public
recreational areas that are essentially open lands.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Roadside stands for the sale of agricultural produce grown on the
premises.
(19) Stables, commercial or boarding, [when on a parcel of land containing at
least) provided that the building,cite is a minimum of five acres in area and the structures are
located at least one hundred feet away~'rom anv lot line.
[(20) Stadiums, spore arenas, driving ranges, and other similar open air
recreational uses.]
[(21)](2.01 Swimming pazks, tettnis [clubs and] courts, and other similar
outdoor recreational uses.
[(22)](Zll Telecommunications antennas, as permitted under section 25-4-12.
[(23)Jf221 Utility substatiotu, as permitted under section 25~-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 establishmenu, 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.
' 12O ZONING C DR4Fr 1SI~
_(~~iv_e-in theaters.
(5) Guest or resort ranches.
(ti) [Inns.] Home occupations. as permitted under section 25-4-13
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(c) The following uses may be permitted in the RA district, provided that either a use
petntit 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] Crematoriums.
(2) Churches, temples and synagogues.
(3) Day care [facilities] r nt rc•
(4) Hospitals, sanitariurns, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities- includes stadiums.
~ort~ are ac nd o her c'milar ~n air recreational aces.
(6) Mortuaries.
(7) Schools.
(8) Yacht harbors and boating facilities.
l2l ZONING COGOaEA~ SIao~N
(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 25-5-54. Minimum building site area. The minimum building site area in
the RA district shall be one-half acre. RA districts having larger areas may be designated in
increments of one-half acre up to a recommended maximum of three acres. The recommended
maximum does not specify an absolute upper limit for any building site in the RA district.
Section 25-5-55. Minimum building site average width. Each building site in the
RA district shall have a minimum average width of one hundred feet for the first one-half acre
of required area, plus twenty feet for each additional one-half acre of required area; provided
that no building site shall be required to have an average width greater than three hundred feet.
Section 25-5-56. Minimum yards. Minimum yards in the RR district shall be as
follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yazds, fifteen feet.
Section 25-5-57. Other regulations.
~ If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the yard
requirements for the RS district.
(bl Exc~tionc to the rept;lationc for the RA district ree rdinQ heights. buildinP site
areas buildino site average widths and vardc. may be apnroved by the director within a planned
Imit
development
p~cl~ant to article 6 division I of this chanter.
122 ~ ZONING O D~~
ISIOO~N
"Division 6. FA. Family Agricultural Districts.
Section 25-6-60 Purnose and~tnlicability The FA (Family 4griculturall district
provides for ablend of small-scale agricultural opgtations associated with residential activities
and which may be characterized pv farm estates. small acreage farms. or subsistence lots The
FA district is intended to be in areas designated as being within the state land use agricultural
district where pttblic services and infrastructure are applIIpriate to suRport the very low
d nsiy residential needs of a rural community and where substantial number of parcels are
IPCC than five arrec ;n s;~e anri where a mix of uses will not conflict with or he detrimental to
xi ti Fagrirvltural aces in the surrounding area.
Tn arirtitinn this rticrrirr is int g~e~ to hr prim ril~omprised of agp~ultural lands which
are not classified as A or B lands under the land study bureau's master productivitylati and
classified as crime uniq t~ or other im o~rtant agricultural lands. Provided. that this district may
include lands so classified if the lands are situated within an urban expansion or other urban
designation under the g~
real
fan land ace p~ttem allocation guide (LUPAGI mac
Cection 2~-C-hl Deci;nation of FA d~ciricts Fach FA (family~~riculturall district
shall be decignared on Lhe zotLg_tt~an bv~he symbol "FA" followed by a number and the
lower case letter "a" which indicates the r~~ired number of acres for each building site. For
Px~m_ple FA-la means a residential agrjr„l oral district with a inimum building site area of
one acre.
Section 2;-C-62 Permitted aces
(a) The followin~xes shall be nerntitted in FA districts:
fl) Agricultural ap rks.
123 zomNC c onaR
ss.saae
Agricultural d I c processing minor. nrovided that the area or building
Used for sash processing, shall be located at feast seventy-five feet from any is reef.
(3J Animal gl!arantine stations.
f4) Aquaculture.
j~) Botanical gardens. nurseries and preen houses. seed farms. giant
~perimental stations, arboretums. floriculture. and similar Lses dealing with the growine of
plants.
(61 ampQrounds ap rks. paygrounds. tennis courts. swimming Roots. and
other similar onen area recreational facilities. where none of the recreational features are
Pntir y encloced in a buildino.
(7) Crop
production.
(8) m t riec and ma Icoleumc. ac permitted under chapter 6, article 1 of this
code.
f9) Dwelling.. sing a-fami y. as permitted under chapter 205. Hawaii Revised
Statutes. as mended.
(~j) Farm Dwelling.
fll) Forestry.
(12) Game and fish propaeation.
(13) Golf club houses.
(14) Golf maintenance buildingg,
(15) Golf courses and ~2f driving ranees.
(16) ro ~R wing facilities.
(17) Kennels.
124 20NING CODE REVISION
ORAFr }10/98
(181 Livestock. grazing• provided that anv feed or water area. salt lick. corral.
nm barn shed ct~ble house hutch or other enclosure for the keepslgs,f anv netmitted
animals shall be located at least seventy-five feet from any lot line.
(191 Public and privat parks p~ygrounds and other simila~oublic
recreational areas that are essentially onen lands
(201 A!blic uses and structures necessary for agricultural practices
(mil Retention restoration rehabilitation. or im~ovement of buildings or sites
of historic or scenic interest.
~~21 Ridine academies. and rental or boarding stables
(~31 Roadside stands for Lhe sale of agricultural rod ~ is grown on the
premises
j~41 Teler_o munications antennas. as permitted under section 25-4-12.
j251 Lhilil~cnbstationc. as permitted under section 253-11.
~?61 Ve isle and egpjpment storage areas that are directly accessory [o
guar„I ,re cro roduction.yame and fish propagation. and livestock graz_ ing,
(~71 Veterinarian's offices- clinics or animal hosniLls Evolving in-patient
boardinFand out-patient services.
(b) The followEg~ses shall be ne fitted in the FA district. provided Lhat a special
;+Prmit is obt^in d for such use if he bu'Iding cite is located within the state land use
agric,l ,ral d•strict~
(11 Adult da~c
rem
•j~l Bed and breakfast establishments. as permitted under section 25~-7.
(~•1 CottLmun~ building;ya~ne fitted under section 25~-I1.
125 ZONING COOO~E RF~SIOO~N
(41 Family child care homes.
(.~1 Guest ranches.
(61 Home occupg(ionc ac n, ermined under section 25-~-13.
(Z1 Lodges and nreserves.
{$1 Meeting facilities.
(Ql Model homes. as nermitted under section 25~-8.
(101 A~blic aces and ctrucmres. other than hose necessary for agricultural
practices. as provided under section 25-4-11.
{111 Tempos real estate offices as txrmitted under section 25-4-8.
f12? uses. other rhan rhnSe ~r;fi al }r listed in this section. which meet the
standards fora 4Fecial permit under chaPr_
sr 205. Hawaii Revised Statutes.
{cl The following,lc c m~y~e netmitted in the FA district- provided that either a use
Hermit is issued for each uce if the building~ite is outside of the state land use agricultural
district or a ~ecial psrmit is issued for each uce if the buildingcite is within the state land ust
agricultural dis ricr.
(1) Churches. temples and s~gogues.
(1 D y r raters.
(31 Hospitals sanitariums old agg, convalescent. nursing and rest homes.
{41 Maior outdoor amusement and recreation facilities. includes stadiums.
morts arenas. nd o her similar Rpen air recreational uses.
(51 Mortuaries.
(51 Schools.
126 20NING CO0DME~ She
(dl Buildings and aces acceccor+ to the uses permitted in this section shall also be
permitted in the FA district
$gstion 25-4-63 Height limits The height limit in FA districts shall be thirty-five
feet for anv rPSirlPnriat srnirn~re including~v sing a-fami v dwelling'or farm dwelling and
fort~ve feet for all o her structures
SP~tlon 25-~-64 Minimum building cite area. The minimum building site area in
the FA district shall be one acre Other FA districts having larger areas may he designated in
increments of one acre up to a recommended maximum of five acres
Section 25-~-6, Minimum building site average width. Fach building site in the
FA district mutt have a minimum average width of one hundred twenty feet for the initial one
acre of required are3..pluc twentKfeet for each additional acre of required area: provided that
no building cite shall be reghirPd to have an averag wid h greater than three hundred feet.
Section 25-5-66 11~inimL_m yids,
1 e nt as others^ce provided in this section. the minimum yards in the FA district
shall be thirty feet for front and rear yards nd ricenty feet for side yards.
In the FA district accesso ~ildi gc andand
encloCLie~(othei Lha_n fences under eight
feet hig)~ for the shelter a*+d confinement of anv liveerock shall be at least feet from the Bide a_~d
rear pro h_ney
(Gl B,pnronri~te additional setbacks from adia~rnt residential oned I nds may be
tgq ~i~ red F,~y the director for those fac+lirirs and uses whi h .,,av include more frequently used
machinery an~gyjoment in order to minimise potential lighting. odor. vector and air and water
quali~v impacts.
127 ZONING C GRAS 51~
Secfion ZS-'+-67. Other regulations.
(al If anv Igo,
I building site in an F.4 district has an area of less than one acre. then the
vard and height requirements for the buildine site shall he the same ac the ~d and height
gquirements in the RA district.
(bl One tingle-f mi),y dwelling or one farm dwelling shall be permitted on anv dlriino
Site in the FA district. A fa_m± dwelling is a Ingle-familywelling located o or used in
connection with a farm or if the agricultural activity provides income to the family
occuDVin?
the
w
(cl Additional farm dwellines may be permitted inshe FA district on(,v upon the
following conditionc•
(I l A farm dwelling agreement for each additional farm dwelling. on a form
prepared by the director. shall be executed behveen the owner of the buildin,~,ite• any lessee
having a lease on the buildine site with a term exceeding one v~ar from the date of the farm
dwelling agreement. nd the Counts The agreement shall require the dwelline to be,~
farm-re l atedpumosec.
~ZThe,~pplicant shall submit an agricultural development and use progr m, f rrt,
plan or other evidence of the applicant's continua( agricultural productivity or farming op ration
within the County to he director. Such elan shall also show how the farm dwelling will be
utilized for farm-relatedpurooses.
(dl .xceptio
soh?
regulations for the FA district regarding h~jghts. building.,cite areac
b Iilding site average widths and yards, may be aR
rp oved by the director within a planned unit
development.
128 ZONING CODE REVISION
ORAFT Yt0/%
Division [6]7. A, Ae icultpral Districts
Section (25-5-60] ~"-"-7 Purpose and applicability. The A (agricultural) district
provides for agricultural and very low density aerie Il Iral y-bated 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]
encom apsins rural areas of good to marginal agricultural and grazing land. forest land. came
habitats. and areas where [or suburban or rural areas subject to] urbanization[, and a higher
density use] is not found to be appro rp iate.
Section [25-5-61] 25~-Z1. Desiertation of A districts. Each A (agricultural) district
shall be designated on the zoning map by the symbol "A" followed by a number together with
the lower case letter "a" which indicates the required or minimum number of acres for each
building site. For example, A-l0a means an agricultural district with a minimum building site
area often acres.
Section [25-5-62] 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor[, provided that plan
approval is secured prior to commencing such use].
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Aquaculture.
129 ZONING COOgE R~ SIB
(6) Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculrure, and similar uses dealing with the growing of
plants.
(7) [Country clubs) Campa~ounds, parks, [campgrounds,) playgrounds, tennis
courts, switnming pools, and other similar open area recreational facilities, where none of the
recreational features are entirely enclosed in a building.
1$,1 Cemeteries and mausoleums. as Rermitted under Chanter 6. article 1 of this
code.
[(8))142 Crop production.
[(9)]1191 Dwelling, one single-family, as permitted under chapter 205, Hawaii
Revised Statutes.
[(10)]i:1.12 Farm dwellings.
[(11)]1122 Fertilizer yards utilizing only manure and soil, for commercial use.
[(12))1.131 Forestry.
[(13)]1142 Game and fish propagation.
[(14)]1151 Golf club houses.
[(15))1162 Golf course maintenance buildings.
[(16))1122 Golf courses and Qolf drivino ranees.
[(17))11$1 Group living facilities.
[(18))1142 Kennels.
[(19)]IZQ1 Livestock production, provided that piggeries, apiaries, and pen
feeding of livestock shall only be located on sites approved by the state department of health
130 ZONING CODE REVISION
DRAFT Y109B
and the director, and must be located no closer than one thousand feet away from any major
public street or from any other zonin; district.
[(20)]1212 Public uses and structures which are necessary for agricultural
practices.
[(21)]I222 Retention, restoration, rehabilita[ion, or improvement of building or
sites of historic or scenic interest.
[(22)]1231 Riding academies, and rental or boarding stables.
[(23)](242 Roadside stands for the sale of a;ricultura! products ;rown on the
premises.
[(24)]12 Telecommunication antennas, as permitted under section 25~-12.
[(25)]1262 Utility substations, as permitted under section 25-4-11.
[(26)]1222 Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing and livestock
production.
[(27)J~$2 Wind energy facilities.
(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) Cotnmuniry buildings, as permitted under section 25-4-11.
131 20NING COODME RE11151~
(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)] Lodges and preserves.
[(11)](1Q1 Meeting facilities.
[(12)](,),].) Model homes, as permitted under section 25-4-8.
((13))11?,1 Public dumps.
((14)]I13~ Public uses and structures, other than those necessary for
agricultural practices, as provided under section 25-4-I1.
[(15)]1141 Temporary real estate offices, as permitted under section 25-8.
[(16))115.1 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.
[(17)]j1~ 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) Sllsil'1GS, 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] Crematoriums.
(2) Churches, temples and synagogues.
ZONING CODE REVISION
132 oRaFr ~.ioroe
(3) Day care [facilities] centers.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Majoi 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] .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 area. The minimum building site
area in the A district shalt 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.)
Section [25-5-65] 1~i5=7~. Mittimum building site average width. Each building
site in the A district shall have a minimum average width of [one] LY4 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] Provided that no buildin¢ Site shall be req iir d to
have an average width [for any building site shall be] ;Tearer Lh_an one thousand feet.
Section [25-5-66] ZS_S=Zb. Minimum yards.
(a) Except as otherwise provided in this section, the tninimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
' 133 zouwc coo }s,~
(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 [he 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 plane 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 produce, side and front yards
shall be at least ten feet except where:
(1) Exterior walls of any type other than sazan are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
government roads.
SeMion [25-5-67J 25_5.77. 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 shall be the same as the yard and height
requirements in the [RSJ BA district.
jbl One tingle-family dwellinp,4.r one farm dwelling shall be permitted on anv building
site in the A district A fa**n dwellin¢ is a tingle-fami v dwelling that is located on or used in
134 20NING COOO~E ~ 510%
connection with a farm or if the agricultural activity provides income to the family occupying the
we
[cl Additional farm dwelling m~v_be oermitted in the A district only upon the following
conditions:
(i 1 A farm dwelling agreement for each additional farm dwelling. on a form
prepared by the director chap be executed between the owner of the building ct_'te. anv~g
havi~ a lease on the building site with a term exceeding one veaz from the date of the farm
dwelling~greement and the County The a~eement shall require the dwelling to be used for
fa_rrit-related pstmoc
(?J. The applicant shall cubmit an agriculRral development and use program, fir,,,
plan or other evidence of the applicant's continual agrcultural productivity or farinin$ o ration
w;rhin the county to the director Such plan shall also show how the farm dwelling will be
utilized for farm-related p
I,~iposes.
j¢~ Erceptionc to the reeulationc for the A dict*ict re¢ rdi p~ehts. building site area.
b Diu Idin~cite avetage wid h nd yards may be approved by the director within a planned unit
development.
Division ['7]$. IA, Intensive Agricultural Districts
Section [25-5-70] ~$Q. Purpose and applicability. The IA (intensive agricultural)
district provides for the preservation of [Itighly productive lands for agricultural purposes]
i^nortant a~icultural lands as provided for in the general plan and characterized by a mix of
cmall and la>~ erarP commercial farms nd other agricultural operatiorL which may include
I~cidential uce in the form of farm dwellinee loc y tied to intensive av*+c„I oral .c . [ It
applies to rural areas of good agricultural lands and the intervening gullies and steep slopes
135 ZONING COGOME ~EVISI~
which are not subject to urbanization or higher density uses as spelled out in the general plan.J
Thr lanric ;n rhP TA dicrr;rr ,Te these lands which have the coil. qualit~o wince season. and
.moisture supply needed to sustain hi;h yields of crop~Eenerally or of snecific crops of
ttatewide or local importance when managed according to modern farmino 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
agriculural) 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.
Section [25-5-72] 25-5-82. Permitted aces.
(a) The following uses shall be permitted in the IA district:
(1) Agriculrural parks.
(2) Agricultural products processing, major and minor, provided that plan
approval is secured prior to commencing such use.
(3) Aquaculture.
[41 Cemeteries. as permitted under chapter 6. article 1 of this code.
[(4)]x,1 Crop production.
(61 Dwellin .one sinele-family as permitted under chanter 205. Hawaii
Revised Statutes.
[(5)]j71 Fatm dwellings.
[(6)]j$1 Forestry.
[(7)]LQ1 Livestock production, provided that piggeries, apiaries and pen feeding
of livestock shall not be closer than one thousand feet to any tnajor road or to any district
136 ZONING COODREnpfT~SI~ONe
other than the A district on building, sites approved by the state department of health and the
director.
[(8)]L141 Public uses and structures which are necessary for agriculrural
practices.
j(9)]L111 Telecommunication aptennas, as permitted under section 2~-4-12.
[(10)](12.) 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] Crematoriums.
(2) Churches.
(3) Cotrununiry buildings as permitted under section 25j3-11.
(4) Day Gaze centers.
(5) Hospitals.
(6) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25~-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) In IA districts in areas with over thirty percent slope, in gullies, and where rough
terrain discourages intensive agricultural uses, the directortnay 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.
137 20NING COODME R~ SIB
Section [25-5-73] ?5-5-83. Height limit. The height limit in the IA district shall be
thirty-five feet for any residential structure, including any farm dwelling, and forty-five feet
for all other structures. The director may, however, permit by plan approval, any 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.
Section [25-5-74] 25-5-84. Minimum building site area. The minimum building site
area in the IA district shall be [three] fig acres. [The recommended maximum building site is
ten thousand acres.]
Section [25-5-75] 25-5-85. Minimum building site_average width. Each building
site in the IA district shall have a minimum average width of [one hundred sixty] two hundred
feet for the first [three] Avg acres of required area, plus twenty feet for each additional acre of
required area. [The maximum required] Provided that no building cite shall be required to
have an average width [for any building site shall be] ,eater than one thousand feet.
Section [25-5-76] 2~i5=$fi. 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
138 ZONING COODME~ slo0%N
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:
(1) Exterior walls of any type other than sazan 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 25-5-87. Other regulations.
~If any building site in the IA district has an area of less than (three] Avg acres, then
the minimum yards shall be the same as the yards in an [RA] E9 district having an area
requirement nearest to that of the subject building site in the IA district.
(bl One farm dwelling shall pe
inert tted on any
building site in the IA district. if it is
to at d on or aced in co nec ion wi h a farm or if the agricultural activity provides income to
the
famjjy
o~ypyin~he dwellin Tn h ace where a agriculnral activity has not been
established a farm dwelljng~reement shall be entered into with the County to inmre that
~iculmral activity will be established by3,he aFnli nt wirhin rhree ye rc from the date that
the building netmit for the farm dwelling is icc I d
139 CONING COOD~E Nf'f SIOO~N
(cl Additional farm dwellin;s may be p~tnitted in the IA district only u op n the
followine conditions
(11 A farm dwellin~;~reement for each additional farm dwelling. on a form
p~
an red by the director. shall be executed between the owner of the building site. any lessee
havin~a lease on the building site with a term exceeding one xear from the date of the farm
dwellin;~~ement. and the County. The agreement shall r~yire the dwellin; to be used for
farm-related p~poses.
(21 The applicant shall submit an agricultural development and use prooram
farm plan or other evidence of the applicant's continual agricultural productivi~nr farming
operation within the Coun~o the director. Such pjan shall also show how the farm dwellins
will be utilized for farm-related nulposes. _
(dl .x ptions to the reg7!lations for the IA district re;ardin~ hrjg tc b ~ildi~ site
areas. buildins site average widths and yards. may he approved by~he director within a
panned unit development
Division (8J Q. V, Resort-Hotel Districts
Section [25-5-80J 25-5-90. 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 [25-5-81J 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,
140 ZONING COOO~E~ SIOp%N
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 .7~ or seven hundred fifty
square feet of land area for each dwelling unit or sepazate rentable unit.
(d) In the V district, no limitation shall be placed on the increments used between the
various density designations; however, the recotrunended incremental density designations are:
.75, 1, 1.25, 1.5 and upward in 0.25 increments.
Section [25-5-82] 25_5.92• Permitted uses.
(a) The following uses shall be permitted in the V district-.
(I) Adult day caze homes.
(2) Amusement and recreational facilities, indoor.
(3) Art galleries, museums.
(4) Automobile service stations.
(51~~pht clubs and cabarets.
[(5)]151 Bed and breakfast establishments, as pctmitted under section 25~-7.
[(6)]II1 Business services.
((7) Cabarets, night clubs and dance halls.]
18l ('emeterie~ and mausoleuttL. as nermitted under chapter 6. article 1 of this
code.
[(8)J1Q1 Churches, temples, and other institutions of religious, cultural,
philanthropic or charitable nature.
I41 20NING COOO~E aF'~St~
[(9)JLL41 Commercial parking lots and garages.
[(10)]1111 Community buildings, as permitted under section 25.4-11.
[(11))1122 Day care facilities.
[(12)]i131 Dwellings, double-family or duplex.
[(13))1142 Dwellings, multiple-family.
[(14)]112 Dwellings, single-family.
[(15)]1151 Family child care homes.
((16)]1LZ2 Financial institutions.
[(17)]11.$2 Golf clubhouses.
[(18)]1142 Golf course maintenance buildings.
[(19)]1242 Golf courses andgolf drivino ranees.
[(20)]L12 Group living facilities.
[(21)]1222 Home occupations, as permitted under section 25~-13.
[(22)]1231 Hotels.
[(23) Inns.]
(24) Lodges. ,
(25) Medical clinics.
(26) Meeting facilities.
(27) Major outdoor amusement and recreation facilities.
(28) Model homes, as permitted under section 25~-8.
(29) Parks.
(30) Personal services.
(31) Photography studios.
142 20NING cOODME N~ SI~ONe
(32) Public uses and strucrures, as permitted under section 2~-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 infonrtation 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] Crematoriums.
(2) Hospitals, sanitariums, old, age, convalescent, nursing and rest homes.
(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 V district.
Section [25-5-83] 25-5-93• Height limit.
(a) The height limit in the V district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the V district in the City of Hilo shall be one hundred twenty
fee[.
(c) The height limit in the V district at Keauhou Bay and Kahaluu Bay shall be ninety
feet.
143 ZONING COOOME RF'f SIOO~N
Section (25-5-84] Zi:24. Minimum building site area. The minimum building site
in the V district shall be fifteen thousand square feet.
Section [25-5-85] 2~2s• Minimum building site average width. Each building
site 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] 2532Z• Landscaping. Landscaping shall be provided on a
minimum of twenty percent of the total land area of any building Site in the V district. Parking ,
areas shall not be included within the area required for landscaping on any building site.
Section [25-5-88] 1,z5=9$. Other regulations.
(a) More than one main building may be situated on any building site in the V district.
(b) The distance between main buildings on one building site in the V district shall be
at Jeast fifteen feet.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the V district.
xc~tionc to he Zgg>>lationc for the V district reEardinQ heiQhtc bui~dino cite areas
bu!Idine cite average ~ 'dths and yards may be an~roved l~v l~ director within a nlarLned unit
d~nment or project district.
ZONING CODE REVISION
144 DRar-r ~.torx
Division [9] 14• CN, Yeighborhood Commercial Districts
Section [25-5-90] .Purpose and applicability. The CN (neighborhood
commercial) district applies to strategically located centers suitable for commercial activities
which shad 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 [25-5-91J 2"~5-1.41. Designation of CN districts. Each CN (neighborhood
commercial) district shall be designated by the symbol "CN" followed by a number which
indicates the minirnum land area, in thousands of squaze feet, required for each building site.
Section [25-5-92J 25
:~1(!~. Permitted aces.
(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~-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.
({l ('emeteriec and maucoleums as tx
itter~'nder cchapter 6. rticle 1 of Lhis
code.
[(6)JL71 Churches, temples and synagogues.
((7)]f$1 Community buildings, as permitted under section 25-4-11.
145 ZONING COGGME F
~sl~
[(8)]191 Convenience stores.
[(9)]L141 Crop production.
[(10)]1111 Day care [facilities] centers•
[(11)]L121 Drive-thru establishments.
[(12)JI131 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)]1141 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)](191 Dwellings, single-family.
((15)]L151 Family child caze homes.
[(16)]!171 Financial institutions.
[(17)]11.$1 Group living facilities.
[(18)]1191 Home occupations, as permitted under section 25-4-13.
[(19)JL'91 Libraries.
[(20)]1211 Medical clinics.
((21)]127.1 Meeting facilities.
[(22)]1231 Model homes, as permitted under section 25-4-8.
[(23)]1241 Mortuaries.
[(24)]1291 Museums.
[(25)]12b1 Neighborhood pazks, playgrounds, tennis courts,'swimming pools,
and similar neighborhood recreational areas and uses.
[(26)]1271 Offices.
146 20NING COODME RF'~sIO~N
[(27)]13$1 Open air markets.
[(28)]1291 Personal services.
[(29)]1341 Photography studios.
[(30)]1311 Public uses and structures, as permitted under section 25-4-11.
[(31)]L321 Repair establishments, minor.
[(32)]1331 Restaurants[, including take-out restaurants].
[(33)]1341 Retail establishments.
[(34)]131 Schools.
[(35)]1351 Telecommunication antennas, as permitted under section 25-4-12.
[(36)]L3.Z1 Theaters.
[(37)]13.$1 Utility substatiotu as permitted under Section 25~-11.
(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] Crematoriums.
(c) Buildings and uses normally cotuidered directly accessory to the uses permitted in
this section shall also be permitted in the CN district.
Section [25-5-93] Z5~~14~. Height limit. The height limit in the CN district shall be
forty feet.
Section [25-5-94] ZS~J.Q4• Minimum building site area. The minimum building
site area in the CN district shall be seven thousand five hundred squace feet.
Section [25-5-95] Z~1Qz• Minimum building site average width. Each building
site in the CN district shall have a minimum average width of sixty feet.
147 ZONING COOO~E RF'f SIOO~N
Section [25-5-96] 25-~-106. Minimum yards. The minimum yards in the CN district
shall be as follows:
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in a RS, RD,
RM, RCX or V district. Where the side yard adjoins the side yard of a building site in a RS,
RD, RM, RCX or V district, there shall be a side yard which conforms to the side yard
requirements for dwelling use of the adjoining district.
Section [25-5-97] Zj:z1QZ. Landscaping of yards.
(a) All front yards in the CN district shall be landscaped, except for necessary access
drives and walkways.
(b) Where any requited side or rear yazd in the CN district adjoins a building site in a
RS, RD, RM or RCX district, the side or rear yazd 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 (25-5-98] 25-5-108. Other regulations.
(a) In conjunction with plan approval, the director may require the construction of a
continuous eave overhanging the front property line in the CN district. The director may also
require that the eave be of similar height and design in any one block of the CN district.
(b) Plan approval shat be required for all new structures and additions to existing
structures in the CN district.
(1 .x entions to the regulations for the CN district reg~di~p~phts. building alt
areas. building_site averaee widths and vards. may be approved by the director within ~pl~nned
aril develoR~nt or plpiect district.
log ZONING CODE REVISION
ORAFT 7.10/98
Division [10] ll. CG, General Commercial Districts
Section [25-5-100] Zak-"-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] 2~ll1. 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, requued for each building site.
Section [25-5-102) 1~s-11~. Permitted uses.
(a) The following uses shall be permitted uses in the CG district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars [and cocktail lounges], nightclubs and cabarets.
(8) Bed and breakfast establishments, as petmittcd under section 25-4-7.
149 20NiNG CODE REV4StON
ORAF7 }1 W9a
(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 i[ is mechanized in sound attenuated
structures, or sound attenuated walls are erected and maintained on the property lines.
(13) Catering establishments.
f 141 Cemeteries and mausoleums. as permitted under chapter 6. article of this
code.
[(14)]1j$1 Churches, temples and synagogues.
[(15)JU¢1 Cleaning plants using only non-flammable hydrocarbons in a sealed
unit as the clearuing agent.
((16)]117 Commercial parking lots and garages.
((17)111,$1 Community buildings, as petttritted under section 25-4-11.
((18)]1,1Q1 Convenience stores.
[(19)]1241 Crop production.
[(20)]12.1? Day care [facilities] Sc~iII1CIS.
[(21)]1221 Display rooms for products sold elsewhere.
[(22) Drive-thru establishments. J
(23) Dwellings, double-family or duplex, provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
150 ZONING CODE REVISION
DRAFT }10/98
(24) Dwellings, multiple-family, provided that the maximum density shall be
seven hundred fifty square feet of land area per rentable unit or dwelling unit.
(25) Dwellings, single-family.
(26) Equipment sales and rental yards, and other yards where retail products
are displayed in the open.
(27) Family child care homes.
(28) Farmers markets, provided that the products are limited to the selling of
local fresh andlor raw produce,
(29) Financial institutions.
(30) Golf clubhouses.
(31) Golf course tnaintenattce buildings.
{32) Golf courses and drivip;,lan~~.
(33) Group living facilities.
(34) Home occupations, as permitted under section 25-4-13.
(35) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(36) Hotels.
(37) Ice storage and dispensing facilities.
(38) (Inns.
(39)] Laboratories, medical and research.
[(40)Jf391 Laundries.
[(41)]L4Ql Light manufacturing, processing and packaging, where the only
retail sales outlet for products produced is on the premises where produced.
151 20NING CODE REVISION
DRAFT 110R!
j(42)]1411 Medical clinics.
[(43)]L4?1 Meeting facilities.
. [(44)]1431 Modet homes, as permitted under section 25~-8.
[(45)}~ Mortuaries.
((46)]1451 Neighborhood parks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(47)J1461 Offices.
((48)}j471 Open air markets.
[(49)]14$ Personal services.
[(50)}L441 Photography studios.
[(51)]1~Q2 Public uses and structures, as permitted under section 25~-11.
[(52))121.) Printing shops, cartographing and duplicating processes such as
blueprinting or photostating shops.
[(53)]157.1 Repair establishments, minor.
[(54)}j231 Restauranu[, inciuding take-out restaurants].
[(55)]1541 Retaii establishments.
[(56)]151 Schools.
((57)]1$§ Telecommunication antennas, as permitted under section 25-4-12,
[(58))1571 Theaters.
(581 Time Share units.
(59) Uti]ity substations, as permitted under section 25-4-11.
(60) Veterinarian establishments in sound attenuated buildings.
(61) Yacht harbors and boating facilities.
152 2~NING C~OE REVlS~~N
GRAFT }7 MBB
(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] ~;rematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted use shall be
permitted in the CG district.
(d) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CG district.
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 (LIJPAG) map shall be ninety feet.
Section (25-5-104] 25-5-114. Minimum building site area. The minimum building
site area in the CG district shall be seven thousand five hundred square feet.
Section (25-5-105] ~5-115. Minimum building site average width. Each building
site in the CG district shall have a minimum building site average width of sixty feet.
Section [25-5-106] 1].~. Minimum yards. The minimum yards in the CG
district shall be as follows:
(1) Front or rear yards, fifteen feet; and
153 ZONING CODE REVISION
GRAFT 110196
(2) Side yards, none, except where the adjoining building site is in a RS, RD,
Rr~f or RCX district. Where the side yard adjoins the side yard of a building site in a RS, RD,
RM or RCX district, there shall be a side yard which conforms to the side yard requirements
for dwelling use of the adjoinin, district.
Section [25-5-107j ZiillZ• 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 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] Zia=11$. Other regulations.
j~ Plan approval shall be required for all new structures and additions to existing
structures in the CG district.
(bl x ptions to the regulations for he CG district regarding heights building dig
a_*eas. building site average widths and vards may 4gapproved by the director within a planned
unit development or eject district.
Division [ll)1Z, CV, Village Commercial Districts
Section [25-5-110] 25-5-120. Purpose and applicability. The CV (village
cormercial) district provides for a broad range or variety of commercial and light industrial
uses that are necessary to serve the population in rural areas where the supplementary support
of the general business uses and activities of a central commercial district is not readily
available.
154 ZONING CODE REVISION
DRAFT }t 0198
Section [25-5-111] Zj-5-121. Designation of CV districts. Each CV (Villa;e
Commercial) district shall be designated by the symbol "CV" followed by a number which
indicates the minimum land area, in number of [housands of square feet, required for each
building site.
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 25-47.
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.
jjpl Cemeteries and rrLLSOleums. as permitted under chanter 6. article 1 of this
li.QdC..
[(10)J~11.} Churches, temples and synagogues.
[(11)](121 Cotmercial pazking lou and garages.
((12)]j13~ Community buildings, as permitted undec section 25-4-11.
[(13)]j141 Convenience stores.
155 20NING GO~DREnq~ SI~ONe
• [(14)Jjj~ Crop production.
[(15)JU.¢1 Day care [facilities] nt rc.
[(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) Dwe]lings, multiple-family, provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit oc dwelling unit.
(19) Dwellings, single-family.
(20) Family child care homes.
(21} Fatmers 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) Fittancial institutions.
(23) Golf clubhouses.
(24) Golf course maintenance buildings.
(25) Golf courses and drivino r noes.
(26) Group living facilities.
(27) Home occupations, as permitted under section 25~-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.
• 156 20NING CODE REVISION
DRAFT }1 Olga
(31)] Laboratories, medical and research.
[(32)](3 Libraries.
((33)](32,1 Lodges.
[(34)]j~31 Manufacturing, processing and packaging light and general, eccept
for concrete or asphalt products, where the products are distributed to retail establishments
located in the immediate community, as approved by the director.
[(35)](,3.4,) Medical clinics.
[(36)]~Sl Meeting facilities.
((37)]!3¢1 Model homes, as permitted under section 25.4-8.
[(38)](~Zl Mortuazies.
[(39)]x$1 Neighborhood parks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
((40)](391 Offices.
((41)]j441 Open air mazkecs.
[(42)]j411 Personal services.
[(43)]~ Photography studios.
[(44)]x}1 Public uses and structures, as permitted under section 25~-11.
[(45)]L441 Publishing plane 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 azea.
((4b)]i451 Repair establishmenu, major, when there are not more than five
employees, as approved by the director.
((47)]x¢1 Repair establishments, minor.
ZONING CODE REVISION
157 DRAFT }10N6
((48)j14I1 Restaurants[, including take-out restaurants].
[(49))L4$1 Retail establishments.
[(5O)]14Q1 Schools.
[(51))1591 Telecommunication antennas, as permitted under section 25-4-12.
[(52)jy~ Temporary real estate offices, as permitted under section 25-4-8.
[(53))121 Theaters.
((54)11591 Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shat! be permitted in the CV district, provided that a use permit is issued for each use:
(1) [Cemeteries, crematoriums and mausoleums] Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
Section [25-5-113] 25-5-123. Height limit. The height limit in the CV district shall
be t}tirty feet.
Section [25-5-114] Z;,-$~Q. Minimum building site azea. The minimum building
site area in the CV district shall be seven thousand five hundred square feet.
158 ZONING CODE REVISION
DRAFr }10/98
Section [25-5-115] 25-5-125. Minimum building site average width. Each building
site in the CV district shall have a minimum building site average width of sixty feet.
Section (25-5-11~ Zj_$=1?~. Minimum yards. The minimum yards in the CV
district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in a RS, RD,
RM or RCX district. Where the side yard adjoins the side yard of a building site in a RS, RD,
RM or RCX district, there shall be a side yard which conforms to the side yard requirements
for dwelling use of the adjoining district.
Section [25-5-11'n 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 yazd in the CV 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, within five feet of the property line, except for necessary
drives and walkways.
Section [25-5-118] 25-5-128. Other regulations.
faL Plan approval shall be required for all new strucrures and additions to existing
structures in the CV district.
(bl .xceptions to the ree 1lations for he V dis rict Za`dinC-hg:Shtc }N,itj1P
greas. building site average widths and y~rds. may be approved by t_he director within a nlanne~t
unit development or ptQiect district.
159 20NING CODE REVISION
DRAFT 110196
Division [12] y}. MCX. Industrial-Commercial Mired Districts
Section [25-5-120] 25-5-130. Purpose and applicability. The purpose of the !vICX
(industrial-commercial mixed use) district is to allow mixing of some industrial uses with
commercial uses. The intent of this district is to provide for areas of diversified businesses
and employment opportunities by permitting a broad range of uses, without exposing non-
industrial uses to unsafe and unhealthy envirotunents. This district is intended to promote and
maintain a viable mix of light industrial and commercial uses.
Section [25-5-121]1- 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.
Section [25-5-122] 1~5-132. Permitted wes.
(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(,] and nightclubs[, taverns and dance halls].
(7) Broadcasting stations.
(8) Business services.
(9) Car washing.
(10) Catering establishments. -
l60 2GNING COGD~E~ S~I~
1111 Cemeteries and mausoleums ac permitted un~P* chanter F arr;~lP 1 of rh:~
code.
((11)]j],~ Churches, temples and synagogues.
((12))(13 Clean_ ine plants using_orily non-flammable hydrocarbons in a sealed
unit as the cleaning agent.
[(13)]j14,) Commercial parking lots and garages.
[(14)]j,1~,) Community buildings, as permitted under section 25-4-11.
[(15)](1¢ Convenience stores.
[(16)]j~ Data processing facilities.
((17)]L1$) Day-care [facilities] rrnfrrc.
[(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) Medics! clinics.
(26) Meeting facilities.
(27) Motion picture and television production studios.
(28) Offices.
(29) Photographic processing.
161 20NING CODE REVISION
OMFT Y10N6
(3Q) Photography studios.
(31) Plant nurseries.
{32) Public uses and structures, as permitted under section 25-1-11.
(33) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(34) Repair establishments, minor.
(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~-12.
(43) Temporary real estate offices, as permitted under section Z5~-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) crematoriums.
162 ZONING CODE REVISION
DRAFT }50l%
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating fac hies.
(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] Zj~--1~3. Height limit. The height limit in the MCX district shalt
be forty-five feet.
Section [25-5-124] 25-5-134• Minimum building site area. The minimum building
site area in the MCX district shall be twenty thousand square feet.
Section [25-5-125] Minimum building site average width. Each building
site in the MCX district shall have a minimum building site average width of ninety feet.
Section [25-5-126] Z5=513.x. Minimum yards. The minimum yards in the MCX
district shall be as follows:
(1) Front yards, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in a
RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear
yard of a buiiding site in an RS, 12D, RM or RCX zoned district, there shall be a side or rear
yard which confotvu to the side or rear yazd requiremenu for dwelling use of the adjoining
district.
Section [25-5-127) Z -5137.. Landscaping of yards.
(a) All front yards in the MCX district shalt be landscaped, except for necessary
access drives,and walkways.
(b) Any required side or rear yard in the MCX district adjoining a building site in an
RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-
163 ZONING COOE REVISION
ORAFr 11W9!
two inches in height, within five feet of the property line, except for necessary drives and
' walkway's.
Section (25-5-128] Other regulations.
Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(~l Exceptions to the re~tlations for the MCX district rep ra_ding~phts. buildino site
areas building cite average widths and vazds may. be approved bvlhe director within a planned
unit development.
Division [13] 14. ML, Limited Industrial Districts
Section [25-5-130] 25.5.140. Purpose and applicability. The ML (limited industrial)
district applies to azeas for business and industrial uses which are generally in support of but
not necessarily compatible with those permissible activities and uses in other cotnmercial
districts.
Section [25-5-131] ~"~-5141. Designation of ML districts. Each ML (limited
industrial) district shall be designated by the symbol "ML" followed by a numbec which
indicates the minimum land area, in thousands of square feet, required for each building site.
Section [25-5-13Z] 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) Animal quazantine stations.
(5) Aquaculture activities.
1 ~ ZONING CODE REVISION
DRAFT itUl96
(6) Automobile and truck storage facilities.
(7) Automobile and truck sales and rentals.
(8) Automobile service stations.
(9) Bakeries.
(J,OI Bars.
[(10)](111 Broadcasting stations.
[(11)]1121 Car washing.
[(12)]1131 Carpentry, hardwood products and furniture manufacturing and
storage establishments.
[(13)]114.2 Catering establishments.
91 C'Pmeteriec and maucoleumc as permitted under chapter 6. article 1 of this
code.
((14)]~ Churches, temples and synagogues.
((15)]L171 Cleaning and dyeing plants.
[(16)J11.81 Commercial parking lots and garages.
[(17)]uQ,2 Community buildings, as permitted under section 25~-11.
((18)]U.42 Contractors' yards for equipment, material, and vehicle storage,
repair, or maintenance.
[(19)]12ll Day care [facilities] sontti~.
[(20) Drive-thru facilities.]
[(21)]1222 Financial institutions.
[(22)]1231 Food manufacturing and processing facilities.
[(23)]1242 Greenhouses, plant nurseries.
165 20NING COOG~
}$IOG~N
[(24)]y~ Heavy equipment sales, service and rental.
[(35))~ Home improvement centers.
((26)]j2I1 Junk yards, provided that the building site is not less than one acre
in area.
((27)]128.) Laboratories, medical and research.
((28)]129 Laundries.
[(29)}j~QZ Lumber yards and building material yards, but not including
concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames.
[(30)}13.11 Manufacturing, processing and packaging establishments, light.
[(31)J1321 Motion picture and television production studios.
((32)]13.3 Photographic processing.
((33)]1342 Plumbing, electrical, air conditioning and heating establishments.
[(34)j13~ Public uses and sttvctures, as permitted under section 25-4-11.
((35)j~ Publishing plants for newspapers, books and magazines, printing
shops, cartographing, and duplicating processes such as blueprinting or photostating shops.
[(36)]~ Recycling centers, which do not involve the processing of recyclable
materials.
[(37)]13,$) Repair establishments, minor.
((38))139 Restaurants[, including take-out restaurants].
[(39)]14Q2 Self storage facilities.
[(40)jL411 Storage and sale of seed, feed, fertilizer and other products essential
to agricultural production.
[(41)jL42.2 Telecommunication antennas, as permitted under section 25~-12.
• 166 20NING CODE REVISION
ORAFT 110196
[(42)](43 Temporary real estate offices, as permitted under section 25-4-8.
[(43))L~.1 Transportation and tour terminals.
[(44)](4 Truck, freight and draying terminals.
[(45)]j4~ Utility facilities, public and private, including offices or yards for
equipment, material, vehicle storage, repair or maintenance.
[(46))j474 Utility substations, as permitted under section 25-4-11.
((47)]j4_$). Veterinary establishments.
[(48)]j4Q1 Vocational schools.
[(49)](~QZ Warehousing, which does not include retail sales or discount houses
or establishments open to the general public or defined members.
[(50)]I~ 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] Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Tae 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 cotutection with the
operation of any permitted use.
(2) Retail sales.
167 ZONING CODE REVISION
DRAfr }1N96
(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 streeC.
(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_14. Height limit. The height limit in the ML district shall
be forty-five feet.
Section [25-5-13A] 25-5-14A. Minimum building site area. The minimum building
site area in the ML district shall be ten thousand square feet.
Section [Z5-5-135] Z~5=14Z. Minimum building site average width. Each building
site in the ML district shall have a minimum building site average width of seventy-five feet.
Section [25-5-136] Z.~,2:14¢. Minimum yards. Minimum yards in the ML district
shall be as follows:
(1) Front yard, fifteen feet; and
(2) Side and rear yards, none, except where the adjoining building site is in a
RS, RD, RM or RCX district. Where the side or reaz property ]ine adjoins the side or rear
yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard
which conforms to the side or rear yard requirements for dwelling use of the adjoining district.
Section [25-5-137] 5-5-147. 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
168 20NING CODE REVISION
DRAFT }7 W98
not less than forty-two inches in height, along the side or rear propem 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.
(dl ~cc~ptions to the re~tllations for the ML district regarding heights buildino ite
areas buildino site average widths and ids may be app
or ved ~v the director within a p nnP~i
unit development.
Division [14] MG, General Industrial Districts
Section [ZS-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] 2$=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, or if the number is followed by the symbol "a," by the minimum number of
acres required for each building site.
Section [25-5-142] 25-5-152. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural produce 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.
20NING CODE RENSION
169 oR~Friloroe
(6) Aquaculture activities and facilities.
(7) Automobile and truck storage facilities.
(8) Automobile body and fender establishments.
(9) Automobile service stations.
(10) Bakeries.
(1 Bars.
[(11)]!,121 Breweries, distilleries, and alcohol manufacturing facilities.
[(12))(131 Broadcasting stations.
[(13))1141 Bulk storage of flammable products and bulk storage of explosive
products.
[(14)]11 Caz washing.
[(15)]!151 Catering establishments.
(17) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of thic
code.
((16)]11$1 Churches, temples and synagogues.
((17))11Q1 Cleaning and dyeing plants.
[(18))11,Q1 Commercial parking lots and garages.
. [(19)]1211 Community buildings, as permitted under section 25-4-11.
((20)]1221 Concrete or asphalt batching and mixing plants and yards.
[(21))1231 Contractors' yards for equipment, material, and vehicle storage,
repair, or maintenance.
((22)]1241 Day care [facilities centers•
[(23) Drive-thru facilities.]
1,70 ZONING CODE NENSION
DRAFT 11N98
[(24)](: j1 Dumping, disposal, incineration, or reduction of refuse or waste
matter.
[(25)]1251 Fabricating establishments.
[(26)]j2Z1 Fertilizer manufacturing plants.
[(27)]j2~ Financial institutions.
[(28)](,2Q1 Food manufacturing and processing facilities.
[(29)](3Q1 Freight movers.
[(30)](311 Greenhouses, plant nurseries.
[(31)](32,1 Heavy equipment sales, service and rental.
[(32)](331 Home improvement centers.
((33)]1341 Junk yards.
[(34)J13~1 Kennels.
[(35)]131 Laboratories, medical and research.
[(36)J13_7,1 Laundries.
[(37)]1$1 Lava rock or stone cutting or shaping facilities.
[(38)]1391 Lumber yards and building material yards.
[(39))14Q1 Machine, welding, shat metal, and metal plating and treating
establishments.
[(40)]1411 Manufacturing, processing and packaging establishments, light and
general.
[(41)]1421 Maritte railways, drydocks, and ship or boat yards.
[(42)]143.1 Motion picture and television production studios.
[(43)]1441 Photographic processing. ,
171 ZONING COG~R~ S~
[(44)]135.) Public dumps.
[(45)]1451 Public uses and structures, as permitted under section 25-4-11.
[(46)]L4Z.1 Publishing plants for newspapers, books and magaiines, printing
shops, cartographing, and duplicating processes such as blueprinting or photostating shops.
[(47)]13,8,1 Recycling centers.
[(48)].(491 Reduction, refining, smelting, or alloying of metals, petroleum
products or ores.
((49)]L~41 Repair establishments, major and minor.
[(50)]15ll Restaurants[, including take-out restaurants).
[(51)]15?1 Saw mills.
((52)]1531 Self storage facilities.
[(53)]1,541 Slaughterhouses.
[(54)]1551 Storage and sale of seed, feed, fertilizer and other products essential
to agricultural production.
((55))156.1 Storage, curing, or tanning of raw, green, or salted hides or skins.
[(56)]15]1 Telecommunication antetutas, as permitted under section 25-4-12.
[(57)]15$1 Temporary real estate offices, as permitted under section 25-4-8.
[(58)]1591 Transportation and tour terminals.
[(59)]1591 Truck, freight and Braying terminals.
[(6O)]ICil1 Utility facilities, public and private, including power plants, offices
or yards for equipment, material, vehicle storage, repair or maintenance.
[(61)]1621 Utility substations, as permitted under section 25-4-11.
[(62)11631 Veterinary establishments.
172 ZONING LOGE REVISION
DRAFT }70198
[(63)](¢~ Warehousing.
[(64)]~ Wholesaling and distribution, including the storage of incidental
materials and equipment.
[(65)]j¢¢) 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] Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(c) Any other use not otherwise permitted in subsection (a) that relates to the
manufacturing, transportation, processing, assembling, distributing, repairing, and storage of
goods, products, or materials, shall be permitted in the MG district.
(d) The following uses shall be permitted in the MG district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the
operation of any permitted use.
(2) Retail sales.
(3) Services for persons working in 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.
20NING CODE REVISION
173 DRnvr horse
Section [25-5-143] ~ Height limit. The height limit in the MG district shall
be fifty feet. An industrial structure may be built io a height of one hundred feet, provided the
extra height is determined by the director to be functionally necessary.
Section [25-5-144] ZS-5-154. Minimum building site area. The minimum [site] J,ql
area in the MG district shall be twenty thousand square feet.
Section [25-5-145] 25-$=L,~. Minimum building site average width. Each building
site in the MG district shall have a minimum building site avenge width of one hundred feet.
Section [ZS-5-146] 25-5-156. Minimum yards.
The minimum yards in the MG district shall be as follows:
(1) Front yard, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in a
RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear
yard of a [building-site] 14,L 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 [25-5-147] ZS_5_157. Other regulations.
(a) All front yards in the MG district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the MG district adjoins a building site in a
RS, RD, RM or RCX district, a solid wall siz 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.
174 ZONING CODE RE`n510N
DRAFT 11019E
(d ~cceptions to the regulations for the V district Cardin; heiohts buildino cite areas
ibu fdin'~ site average widths and yards may be approved by the director within a planned unit
development.
Division [15] 1~• O, Open Districts
Sectioti [25-5-150] ?,~-.z1~Q. 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 investmenu 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 azea 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 shalt
be designated by the symbol "O."
Section (25-5-152] 2;~. Permitted uses.
(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
j?~ meteriec and mausoleums. s ner~tted under chapter 5. rticle 1 of his
code.
[(2)]131 Community buildings, as permitted under section 25-4-11.
[(3)]!41 Existing churches azid temples of historical significance.
[(4)]~ Forestry.
[(5)]~ Game preserves.
175 zoN~NC c po~a~ sa~
[(6)]LZ1 Golf courses [and country clubs].
[(7)]1$1 Growing of plants provided such growth does not impair a view
intended to be preserved in the 0 district.
[(8)]141 Heiaus, historical areas, structures, and monuments.
((9)]11Q1 Natural features, phenomena, and vistas as tourist attractions.
((10))11.11 Private recreational uses involving no above ground structure except
dressing rooms and comfort stations.
[(11)]1121 Public parks.
((12)]1131 Public uses and structures, as permitted under section 25-4-11.
[(13)]1141 Telecommunication antennas, as permitted under section 25-4-12.
[(14)]1151 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] ~.1'ematoriums.
(c) Uses considered directly accessory to the uses permitted in this section shall also be
permitted in the O district.
Section [25-5-153] 2S_5-16;. Height limit. There shall be no height limit in the O
district, except as specified as a condition of approval attached to any use permit or plan
approval. For this purpose, the height limit in the adjoining districts shall be used as guides.
Section [25-5-154] 25-x-164. Minimum building site area. There shall be no
minimum building site area in the O district, except as a condition of approval attached to any
plan,approval. For this purpose, the minimum building site area regulations in the adjoining
districts shall be used as guides.
. 176 20NWG CODE REVi510N
GRAFT 110N6
Section [25-5-155] 25.5.165• Minimum building site average width. There shall be
no minimum building site average width in the 0 district, except as specified as a condition of
approval attached to any plan approval. For this purpose the minimum building site average
width regulations in the adjoining districts shall be used as guides.
Section [25-5-156] 1,5=.516. Minimum yards. There shall be no minimum yards in
the O district, except as specified as a condition of approval attached to any plan approval.
For this purpose, the mirtimum yard regulations in the adjoining districts shall be used as
wides.
ZONING COOS REVISION
177 DMFT }70196
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, white 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 2~-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 5500.
(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;
178 20NING CODE REVISION
oRnFr~ia9a
(D) A schedule for the timetable of the proposed development; and
(E) An analysis of the relationship of the proposed development to the
general plan.
(3) Drawings and plans comprising a general development plan covering the
entire area of the P.U.D., and providing the following information:
(A) Uses, dimensions, and locations of proposed structures;
(B) Widths, alignments, and improvements of proposed streets and
pedestrian and drainage ways;
(C) Any proposed subdivision of property for individual parcel sale;
(D) Parking areas;
(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.
A list of the names, addresses and tax map key numbers [for those
property] of all surroundine owners and lessees [of record who aze situated within a 300 foot
radius of the perimeter boundary of the property involved] of pronely interests in plo~rrv
within the bo mdaries established erection 25-2~.
(6) Any other information or plate 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] J;Ctt days after receiving notice of
179 20NING COOO~E ~ElIL51QO~N
such date, the applicant shall serve notice of the application[, in accordance with this chapter.]
on surroundingowners and lessees of record. [of interests in properties within three hundred
feet of the perimeter boundary of the property for which the P.U.D. is sought and to owners]
as provided bv~ction 25-2-4. The applicant shall also serve notice on owners and lessees of
record of interests in other properties which the director may find to be directly affected by the
P.U.D. permit sought.
(b) The director shall publish notice, in accordance with the provisiotu 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] received by 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 tray 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. per~r»t applications.
(a) [The] Excggt as,n~rovided in section 25-6-5. the director shall, within sixty days
after 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 Sts&t,..plans. and
variances of district standards: provided. however. that no imRrovements or alteration. -sit
I8O 20NiNG COODME~ SiQO%N
of the eject shall be required as a condition of a use permit. 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] that are prohibited or limited;
(4) Specifications for the minimum development standards;
(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 (azchitectural] all 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 (azchitectural] plans and drawings aze submitted after a partial approval of a
P.U.D. permit application has been issued under subsection (c) above, the duector 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. NotwiLhstan ing~yprovision contained 'n his chapter to the contrary
t~hr
denial of a request for a full P ti D. permit shall not prevent an applicant from ressbmitting a
revised P.L1.D. pprmi~pnlication at anytime.
181 20NING COOD~E ~
}SIB
(e) If the director fails to act upon a P.U.D. permit application within the prescribed
six[y 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) nu~oses of this section, an "interested party" means a person
who (1) has a property interest in the subject property; or (2) owns or is the recorded lessee of
property within (three hundred feet of the subject property) ihr. boundaries established by
~e~rtion 25-2-4; 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 parry must be made in writing within (ten working] fiH~eu 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 shalt have an opportunity to be heard. Within forty-five days after the receipt of a
182 ZONING CODE REVISION
oNnFr s.i ase
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] 9 contested case hearing, as defined in chapter 91, Hawaii Revised Statutes,
shall not be held by the commission on any P.U.D. permit application.
(d) Within [five working] IG31 days after receiving notice of the date of the public
heazing, the interested parry shall serve notice of the hearing[, in accordance with the
provisions of this chapter,] on the applicant and on surroundine owners and lessees of record
[of interests in properties within three hundred feet of the perimeter boundary of the affected
property] a~provided by section 25-2-4. [and] The
'nom tested party
•chall also serve notice on
owners and lessees of record of interesu in other properties which the commission may find to
be duectly 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 conuidered as having been affirmed.
183 20NING C O~ R~ SI~ONe
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 the
(department] commission on a form prescribed by the commission and shall be accompanied
by:
(1) Anon-refundable filing fee of 3250; 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 (director] commission shall provide written notice of the public hearing, at
least ten days prior to the hearing, to pezsoas who had submitted timely ob}ections 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] B, contested case hearing, as defined under
chapter 91, Hawaii Revised Statutes, shall not be he1~y th
r_g~ommic~n on any P.U.D.
permit [application] avoea(.
(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.
1 ~ 20NING COOD~E RF
~SIOO~N
f
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 ag;rieved by the
decision of the commission, may appeal such action to the board of appeals in accordance with
[its rules) this chapter.
Section 25-6-10. Criteria for granting a P.U.D, permit. A P.U.D. permit may be
granted by the director upon fording 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))l~i The proposed development substantially conforms to the general plan.
((3)]1s1 Any residential or aericultural development shall constitute an environment of
sustained desirability and stability for ne district that is in harmony with the character of the
surrounding [neighborhood] ate, 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)]jtil Any commercial development shall not create traffic congestion which exceeds
that which would have been produced under conventional development patterns. practicec_ nd
standards in the district or interfere with any projected public improvements, shall provide for
ZONING COOE REVISION
185 DRAFT}toroe
proper en[rances 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 shalt 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)JIQ The development of a harmonious, integrated whole justifies exceptions, if
required, to the normal requirements of this chapter, and the contemplated amngements or
use make it desirable to apply regulations and requiremenu differing from those ordinarily
applicable under the district regulations.
Section 25-6-11. Height exceptions authorized.
(a) A building approved under a P.U.D. permit tnay exceed the height limit specified
under the zoning district of the property and the height limiu under section 25~-22; provided,
that the maximum height of the building shall not exceed seventy-five feet.
(b) A building approved under a P.U.D. peratit 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
. 186 ZONING CODE REVISION
oRnFr ruse
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
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 conditiotu to meet the intent of the P.U.D. permit.
Division 2. Closter Plan Development (C.P.D.)
Section ZS-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] b nu'Idin~:.ite
requirements is maintained on an overall basis and desirable open space, tree cover,
recreational areas, or scenic vistas are preserved.
1 g7 ZONING CODDME ~
}SIB
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 undec 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] buildinFsites 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
rights-of--way, and dividing the remaining area by the minimum [lot] ~ildi ~ cite area
requirement of the single-family residential districtj~ (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] b iilding
c~ 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] buildin~5ites that may be created in a C.P.D.
1 pp 20NING CODDLE R~
ISIO~N
Section 25-6-29. Minimum [lot] building site size in C.P.D.
(a) [Lots] Building sites in a C.P.D. may be reduced in area below the minimum [lot
size] area required in the district in which the C.P.D. is located, provided that the average [lot
size] h
iy~ Idinrcite of the (lots] area created in the C.P.D. is not below the minimum [lot size]
building site area required in the district for C.P.D.
(b) No [lot] b ~i~ Iding cit 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
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] building sites located within the C.P.D. may be approved as common
land. Other uses or sites which tray qualify as common land include historic buildings or
sites, parks and pazkway azeas, ornamental pazks, 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.
1 p9 ZONING COOD~E ~EV151~
Section 25-6-26. Appeal of a C.P.D. decision. • Within thirty days afrer 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] this
chanter.
Division 3. Ohana Dwellings
Section 25-6-30. General [Provisions provisions, applicability. [The limitations and
requirements of this chapter shall apply to a lot) Ohana dwellings shall be rermitted on a
building ite within the [county zoned Single-Family Residential (RS) district, the 1.lnplanned
(U) district, the Residential and Agricultural (RA) district, and the Agricultural (.4) district] $S,
RA. FA and A districts; provided that:
(a) The [lot] buildine site is a legal lot of record as determined by the [planning
department] ¢llector;
(b) Any [lot] building site which is [classified Agricultural by the state land use
commission) within the state land use agricultural district shall be subject to agricultural
requirements for faint dwellings as established by [department rule or] ordinance or bv_rule of
the director. ted pursuant to chapgr 9l. Hawaii Revised Statutes,
(c) All applicable [county requirements, not inconsistent with the] provisions of this
chapter, are met, including but not limited to, [building height, minimum yazd requirement,
setback, and pazking requirements] h~jEhts limits, r~nimum yards and narkln~; and
(d) The following public facilities aze adequate to serve the ohana dwelling unit:
(1) Sewage disposal system. [A lot on which an ohana dwelling unit would be
permitted] The building cite 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 requiremenu of the department of public works and an adequate private sewage disposal
1917 ZONING CODE RENSION
DRAFT 170198
system, [cesspools, or septic tanks to accommodate the ohana dwelling unit] cesspool or septic
lank 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] The building~ite shall be served by an approved public or private water system
meeting with the requirements of the department of water supply [to] which system can
accommodate the ohana dwelling [unit] and the main dweilin~nit. 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] ~vi~d that the director determines that there is sufficient annual rainfall in the azea [as
approved by the planning department] to accommodate a water catchment 4v
is em and [meeting]
water catchment sy~em meets 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]
The buildinE site shall bP served by adequate ftre protection measures meeting with the
requirements of the fire department.
(4) Streets. [A lot on which an ohana dwelling unit would be permitted] Eag
buildine .site shall gain access to a public or private street meeting with the requirements of the
department of public works.
Section 25-6-31. Eligibility for ohana dwellingpermit.
(a) [No] 8n application for [a permit for] an ohana dwelling [unit]~ermit on anv
buildi g site shall ~jy_be accepted by the director [prior toJ a8st 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] ~,v chanter 23
ZONING CODE REVISION
191 DRAFr 11N9E
ubdivj~ionsl. for the subdivision in which the buildino~site is located. For purposes of this
[section,] subsection. "completion' [shall mean actual construction has been) m
a_~n. the
construction of all of the subdivision imnrovements including the subdivision roads drama e
water. and if aRolicable. wastewater systems. in accordance with aRnroved constructi nc
which improvements have been completed to the satisfaction of the chief engineer.
(b) [No more than] Qp(y one permit application for an ohana dwelling unit 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] permit shal I not he
~°ib~ le or apply for a subsequent ohana dwelling permit [for another ohana dwelling unit on a
different lot until] on a uildin; site for a period of two years [has elapsed] from the date on
which the [prior permitted] f1rSI ohana dwelling unit was completed to the satisfaction of the
chief engineer. For purposes of this (section] subsection, each titleholder and person named in
[the] ~ application for an ohana dwelfin;,_permit- pursuant to Section 25-6-29(b), shall be
[construed as an] considered the applicant (or permittee]. The director shall maintain and keep
readily available for public reference a current list of applicanu [and permittees] for ohana
dwelling units, including the dates of application and approval or denial.
Section 25-6-32. [Non-applicability] Prohibited areas. [The provisions of this
article shall not apply to] Ohana dwellin, units shall be orohibited in the followin~arrae;
(a) [A lot within the State Land Use Conservation District] ~buildin~jte within
the state land use conservation district;
(b) (A lot} Anv buildingy~te_ developed under an affordable housing project approved
by the state housing finance and development corporation (HFDC) and/or the [county] Counrv
192 20NING COOD~E~,ISIO~N
housing agency which has been granted pre-emp[ions from the requirements of [the Hawaii
county] IhiS code;
(c) [A lot] ~v building site developed as a [Planned Unit Development] planned unit
devehoment (P.U.D.) or a [Cluster Plan Development] cluster nlan development (C.P.D.);
(d) [A lot] Anv building site where more than one dwelling unit is permitted in the
[zoned] Toning district [or is permissible in]. including building cites hat permit more than
one dwelling ~n~it in the RS [zoned] district[. No ohana dwelling unit shall be permitted on the
same lot], building sites with [a two-family or multi-family dwelling, a family care home, a
public or private care facility, or asingle-family dwelling with transient accommodations]
~yplex and multiple-family dwellino. care homes. family child care homes. gr~ livin
fac,;liti c and tingle-fami y dwellings which are transient vacation units;
(e) [A lot] any building Bite which is the subject of an approved variance from the
provisions of [the zoning and subdivision control codes] rhi~nter or chat r
fsubdivisionsl;
(f) [A lot] any buildingsite on which the construction of an ohana dwelling or a
second dwelling unit is specifically prohibited by a change of zone ordinance. .
Section 25-Cr33. Designation of the ohana dwelling unit.
(a) Regardless of the size of a [lot no] building,site, ~ more than one ohana dwelling
unit shall be permitted on the same [lot] b »L~Iding site with the first single-family dwelling unit.
(b) [Through the application and permitting procedures set forth in this article, the
planning] The director may designate an existing, first single-family dwelling unit as an ohana
dwelling unit in order to allow permitting of a stew first single-family dwelling unit when such
existing dwelling is the only dwelling unit on the [subject property] b ~i~ Iding_c~ and [it] Ihfl
193 20NING COODME RF'f SIOO~N
dwellip' unit complies or will be modified to comply with all the requirements of this (article]
.division.
Section 25-6-34. [Maximum height limitation] Hight limit. Except when the
living areas of the ohana dwelling unit and the first dwelling unit are joined by a common
wall, floor, or ceiling, [the ohana dwelling unit shall not exceed the maximum height of
twenty-five feet regardless of the maximum height limitation in the zoned district] t~ hei_ht
limit for an ohana dwelling unit shall be twenty-five feet. regardless of whether a greater height
limit is provided for the zoning istrict.
Section 25-6-35. Minimum [lot size and yard requirement} b rilding_,Site area and
X3LdS.
{a) The minimum [lot size for a lot] +ildi o site area for a building ai a containing
both the first dwelling and the ohana dwelling unit [in the RS, U, RA, and A districts] shall be
[10,000] ten thousand square feet.
(b) The minimum front, rear, and side yard requirements [to permit the construction
or placement of] f4I a detached ohana dwelling unit shall be the minimum yard requirements
[stipulated} for the [zoned] zn in district in which the [subject lot] b
~f~lding si - is situated
plus an additional five [(S)] feet.
(c) [The] An 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] hQtts~- A guest house, as described in (Section
25119, Hawaii County Code] section 25-4-9, shall not be permitted on any [lot] b +ildin~ site
where an ohana dwelling unit has been permitted or constructed. [In the event a lot contains]
If an existing guest house is cimated on a buildin~c~, an ohana dwelling unit shalt not 31S~be
194 20NING CODDLE ~E~S+QO~N
permitted[, however,] on the buildino site. Provided. that an existing guest house may be
converted into an ohana dwelling unit in accordance with the requirements of this [chapter]
division.
Section 25-6-37. Off street parking [required] SpaCPS• [Parkin, shall comply with
the requirements set forth in Section 25-73(a) of the Hawaii County Code.] The number of
oarkine
maces for an ohana dwellitte~lnit shall be as provided under section 25-4-51
Section 25-6-38. [ohana dwelling units and variances] Variances prohibited. No
variance from [the zoning or subdivision control codes] Pith r his hapter or chapter 23
{subdivisionsl. shall be granted to permit the construction or placement of an ohana dwelling
unit on a buildine site. (An) In ad ition. an ohana dwelling unit shall not be permitted on a
[lot] buildine site [which has been the subject of favorable action on a variance application
previously granted from the provisions of the zoning and subdivision control codes] for which
a variance from either Lhis char or haprPr 23 {subdivisionsl. has already been granted.
Section 25-6-39. Application [form] for ohana dwelling_permit: retU~ir m nts.
[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 ali 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 beneficiaries holding an ownership or beneficial interest
of ten or more per cent thereof shall be listed.
195 ZONING COODR FT~SI00%N
(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 boundary 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.
(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-( ).j
lal An annlication for an ohana dweilin~rmit shall be filed with tfie director on a
form prescribed for his q~mo,~g by the director. and shall be accompanied bv•
Ill A filing fee of'~25:
~l The names and addresses of all the owners of the buildinp~,cig nrovided
That when the proper is owned by a corporation. association. partnership or trust the names
and addresses of all partners director officers shareholders or beneficiaries holding,an
ownership- or beneficial interest of at least ten more.per cent shall be included: and
• 196 20NING C ~RA~ SIaO%N
(3) An affidavit. in the form prescribed by the director verifv~nglhat there is
no restriction or covenant applicable to the building~ite contained in any deed le~ce or o her
recorded document. which nLphibits the construction or placement of an ohana dwellino r a
second dwellino unit on the building site
The applicant shall cerve notice of Lhe ohana dwelling rmit apolication on
surrounding owners and lessees of record as provided by section 25-2-4 The applicant shall
also cerve notice on all owners of the iL~ identified in the application who did not
exrcute the annlication. and any known association of proper owners which has jurisdiction
or a Ithority_over he subdivision in which the building site is situated. Proof of service of the
notice in the manner provided under section 25-2-4. shall be submitted topeLher wish the
ohana dwellin;,.permit apg(i anon
Section [25-6-39.2.J 25-6-39.1. Action on ohana dweltin rmit. (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.]
fa) rRon accen ance of n ohana dwelling ~,rmit
a~nliration. Lhe director shall
forty rd he atplication to apnr~nriate agencies for -view nd ca ment nn he adeouacv of
those infrastructure facilities required for Lhe ohana dwe]Iinp unit, under section 25-6-30,
(b) Within a nsriod of at least thirty days but not more than sixtv~d y~after acce to ance
of n ohana dwelling~ermit annlication. he director shall ei her annrove or deny
thr
iipFLGflt10I1.
1^.' ZONING COOD~E RF'~SI~ONe
(cl If the director fails to render a decision within the prescribed six~v dayTneriod. the
application shall he considered as beinFapproved.
Section [23-6-39.3] 25_¢2.2. Building [Permit] permit for an ohana dwelline.
(a) A building permit for the construction of an ohana dwelling unit shall be secured
within one year from the date [of issuance of) Shat the ohana dwelling unit permit was issued.
A thirty [(30)j day time extension may be granted by the [planning] director if it can be
demotutrated by the applicant that non-performance [is] w~,q not the result of [their] ~
a
linp ca~nt't fault or negligence. In the event that the applican[ fails to secure a building permit
for the construction of the ohana dwelling unit [on the tot] within the one year time period, or
[in the case when athirty-day time extension was granted,) acv extension oranted by the
director. 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.] The time
extension provided for an ohana dwellin;~ermit under subsection tal above shall be the only
time extension available to an applicant. and no fu her time extension shall be allowed.
Further Lhe failure to obtain a y fu her time extension of n ohana dwellino permit shall not
be cause to petition the director Lhe commission or the board of anneals for relief from the
time_limitation for an ohana dwe line Hermit as provided under this section
[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:
198 ZONING CODE REVISION
DRAFT it0J98
(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 register or
certified mail wit return written receipt as prescribed in Chapter 91-9.5 of the Hawaii Revised
Statutes.
(c) The applicant shall have the opportunity for a heazing with the boazd of appeals on
the revocation of the 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.j
Section [25-6-39.5] 25-6-39.3. Non-transferability 4f~IIDit•
jam, A permit for [the) an ohana dwelling unit shall be personal to the applicant and
chap not be transferable to assiertable to anv o h r person until construction of the ohana
dwelling unit has been completed [to the satisfaction ofJ and fins ,yRRoval has been issued by
the chief engineer[ and shall not be transferable or assignable to any other person prior to its
completion].
[Section 25-6-39.6. Prohibition of Advertising, Sales, Transfers.]
199 ZONING CODE REVISION
DRAFT 110K6
Ltz) [~o 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 9l, Hawaii
Revised Statutes, necessary to implement the provisions of this article, with the assistance of
other agencies, as appropriate.]
Section[ 25-6-39.8].~~..-~~. Pending (Applications) , nnlications.
(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] w o filed with the
[planning] director prior to [the effective date of this ordinance] Mav 4. 1996 shall be
processed in accordance with this [ordinance]dt~isi¢n. with the exception of the ft]ing fee.
The [planning} duector tray require the applicant to submit additional information to comply
with this [article]dtvision.
Section 25-6-39.5, Illegally ronstrtncted ohana dwellings. In Lhe event that an ohana
dwelling~~nit is co strutted contrary to the provisions of this divis'on. with oLwithout a
permit herefor hav'ng_heen issued. he ohana dwelling unit. shall belS?nsidered ur
lawful and
a public nuisance and action or proceedings for abatement. removal and enjoinment of the
unlawful ohana dwellin~,chall immediate)}~ he commenced in accordance with his cha~r_
200 20NING COOD~E~ $I~ONe
4ection ~g-6-39 6 Revocation of an ohana dwelling permit.
(al The director may initiate proceedings to revoke a nermit for an ohana dwelling unit
(11 The aonlicant intentionally
niic~r~presented a material fact in the permit
annlication. includine all attachments: or
j,2) The applicant transferred or attempted an ohana dweltin; Init permit issued
the director prior to comnle!ion of the construction of the ohana dwelling unit and final
approval by the chief en,jneer:
(bl The director shall nerve written notice of the proposed revocation on Lhe ap In icant
fiv r~icrered or certified mail wi h return receipt.
(cl The applicant may within thirty days after receipt of the proposed revocation
notice appeal Lhe revocation notice to the board of ap ap
le s as provided by section 5-6 3 of the
o ~n~harter nd cectiotts 25-2-20 Lh_rouah 5-2-24 of his chapter An appeal to the board
of appeals shall tray t.~nrovicionc of he director's order pending the final decision of the
board of ap
a;~ a1s.
Section [25-6-39.9] 25-6-39.7. Appeals. [The approval or disapproval of the ohana
dwelling unit by the [planning] director may be appealed to the Board of Appeals in
accordance with its rules.] Anv person aggrieved by the decision of Le director in the
issuance of an ohana dwellip,Qyr+e it derision ezcent for a decision reeardine Lhe duration of
a
*+Prmit under section 25-6-39 2 may apnea) he director's action to Lhe board of ap
ap
le c_ ~n
accordance with this chaprer wi hip Lhj~y days after Lhe date of Lhe director's written
decision.
201 ZONING COOO~E ~isl~ONe
Division 4. Project Districts
Section 25-6-40. Purpose and applicability. The project district development is
intended to provide for a flexible and creative planning approach rather than specific land use
designations, for quality developments. It will also allow for flexibility in location of specific
uses and mixes of structural alternatives. The planning approach would establish a continuity
in land uses and designs while providing for a comprehensive network of infrastructural
facilities and systems. A variety of uses as well as open space, parks, and other project uses
are intended to be in accord with each individual project district objective. A project district is
an amendment to this chapter which changes the district boundaries in accordance with the
individual project district.
SeMion 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:
(I) Is cottsistent 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.
2t)2 ZONING CODE REVISION
ORAFT 3.1 W98
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.
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 55,000.
(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
203 ZONING c000RE~NrE~SIOp~N
proposed for the project district.] of surroundin~tperties who are required to receive notice
under s tion S- -4
(8) A county environmental report; provided that a county environmental report
shall not be required where an environmental impact statement or an environmental assessment
and negative declaration have been prepared and issued in compliance with chapter 343,
Hawaii Revised Statutes..
aR~mended.
(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 surroundine 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] as nrovided by seciton 25-2~..
(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. ,
,Z~ ZONING CODE REVISION
DRAFT 1t0/9E
(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] Icn days afrer receiving notice of the date of the
public hearing, the applicant shall serve notice of the (application, as provided by this
chapter,] h~flllIl°. on ~rrroundine owners and lessees of record [of interests in properties within
three hundred feet of the perimeter boundary of the applicant's property and to] as provided b_v
section ~5-~-4 The apnlicant shall also serve notice on owners and lessees of record of
interests in other properties which the commission tttay find to be directly affected by the
proposed project district.
(3) Within ninety days afrer 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 stay impose conditions on the use of the property subject to the project
district, provided the council finds that the conditions aze:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfaze; or
(2) Reasonably connived to fulfill needs directly emanating from the land uses
proposed with respect to protection of the public from the potentially deleterious effects of the
2OS 20NING COODRE ~i510~N
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;
(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 requited 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 conditiotu contained in the project district enabling ordinance and the
site plans conform to the standards contained in the project district enabling ordinance. The
. 2~t) ZONING CODE REVISION
GRAFT }f 0196
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.
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, sweets, traffic, community
characteristics, and natural features, and may require conditions or changes to assure:
(1) Adequate light and air, proper siting and arrangemenu 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 azeas aze 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 than-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
207 zoNwc c n~~ ,a4e
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.
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 5250.
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 si[e 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.
208 20NING COOO~E~ $IOO~N
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-1 ~ 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 makki 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;
zornNC cone at~nsion
209 eruFrs.ioroe
Makai, crossing Kuakini Highway along the south side of the parcels
described as TMK: 7-~-18:1, 4, and 61, and TMK: 7-~-19:18 to the shoreline;
(6) North along the shoreline to the point of beginning and containing an area of
approximately eight hundred twenty-five acres and as delineated on the map attached to
ordinance no. 628 (1974), as amended by ordinance no. 630 (1974).
Section 25-7-2. (Commission] Desi~ 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 desTen
commission
members shall include two [(2)] design professionals (registered azchitects and/or landscape
azchitects), two [(2)] member 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 d ci n commission, three shall serve for a term of one yeaz, three for a term of two yeazs,
and three for a term of three years. When the term of a member expires, the member shall
continue to serve until a successor is appointed. Members whose terms expire may not be
reappointed to the d ~i n commission for at least two years, 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 design commission shall be governed by the [Hawaii
ZONING CODE REVISION
210 CRAFT 110/98
County Charter] County charter.
Section 25-7-3.. Rules of procedure. The design commission shall adopt rotes 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 desigtt 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 architecrural 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 cotmission'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 lighu, 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 allotud period, the director shall continue to
process the proposed activity.
ZONING CODE REVISION
211 aRnFr 17oroe
(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, except those
designated as "0" (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.
20NING CODE REVISION
212 aaaFt ~iaea
(4) Automobile service stations or garages, excluding body and fenderworks,
electric lire rebuilding or battery rebuilding and provided that all work is conducted wholly
within a completely enclosed building.
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 aze not detrimental to the
chazacter of the district.
(12) Cotttmercial parking lou and garages.
(13) Cotttmunity buildings, as permitted under section 25-4-11.
(14) Crop production.
(15) Display rooms for products sold elsewhere.
(16) [Drive-thtu establishments, provided such toes 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)J~j7~ Dwellings, multiple-family, with a tttaximttm density of one
thousand square feet of land area per rentable unit or dwelling unit.
20NING CODE REVISION
213 aR~cr s.iaae
[(14)]i1$1 Dwellings, single-family.
[(20)]Q91 Family child caze homes.
[(21)]!~ Farmers markeu, provided that the products are limited to the
selling of local fresh and/or raw produce, fish and local homegrown and homemade products
and wares.
[(22)]j2.1.1 Financial institutions.
[(23)]I;Zl Group living facilities.
((24)](7 Home occupations, as permitted under section 2511-13.
[(25)]~l Hospitals, sanitariums, old age, convalescent, nursing and rest
homes and other similar uses.
[(26)]~ Hotels and apartment hotels with a maximum density of five hundred
square feet of land area per rentable unit.
[(27) Inns]
• [(28)Jj?,~ Laundries other than those utilizing steam cleaning equipment,
provided that the facilities are not detrimental to the character of the district.
[(29)]~ Manufacturing, processing and packaging, light, provided that the
activities are not detrimental to the character of the district.
[(30)]l2,$) Medical clinics.
((31)]~Z92 Meeting facilities.
[(32)]I,}9) Model homes, as permitted under section 25-4-8.
[(33)]13 Modeling agencies.
ZONING CODE REVISION
214 aRwtz ~-taroe
[(34)]j3~ Museums and libraries.
[(35)]~ Neighborhood parks, playgrounds, tennis courts, swimming pools,
and similar neighborhood recreational areas and uses.
[(36)]L341 Offices.
((37)](31 Open air markets, provided that the activities are not detrimental to
the character of the district.
[(38)]1301 Persona( services.
[(39)]I37.2 Photography and artist studios.
((40)]13.$1 Public uses and structures, as permitted under section 25-4-11.
[(41)](39 Publishing plants for newspapers, books and tnagazines, printing
shops, cartogtaphing and duplicating processes such as blueprinting or photostating.
[(42)]~ Repair establishments, tttinor.
[(43)]14.11 Restaurants[, including take-out restaurants].
[(44)]1421 Retail establishments, provided that they are not detrimental to the
character of the district.
[(45)]1431 Schools, business.
[(46)]1441 Schools, photography, art, music, dance or othec similar studios or
academies.
[(47)]j451 Schools, vtxational.
((48)]1401 Telecommunication antennas, as permitted under section 25~-12.
[(49)]1471 Temporary real estate offices, as permitted under section 25-4-8. ,
ZONING CODE REVISION
215 aRnv'r rave
[(50))j4_$1 Theaters, auditoriums and indoor sports arenas.
[(51))(4.Q), Utility substations, as permitted under section 25~-11.
(b) Residential use in connection with the operation of any permitted use shall be
permitted in the CDH district.
(c) Buildin;s 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 minimtun building site azea in
the CDH district shall be seven thousand five hundred squaze 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.
ZONING CODE REVISION
216 ERAFT }taaa
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. 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 cotttmission and mazked 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 mazked 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. Kawaihae-Puako zone map.
217 ZONING CODE REVISION
DRAFT 3.70196
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, mazked
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.
Sectiou 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.
218 20NING DRAFT 3V-10 96
Section 25-8-25. Keaau zone map. Keaau zone map, marked 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, marked 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) marked
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.
2l9 ZONING CODE REVISION
ONAFT 3•I0/98
Section 25-8-35. 1'epeekeo 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 iu 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:
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OXAFr 3-