HomeMy WebLinkAboutBIL 250 Draft 06 1994-1996 r
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 250
(Draft 6)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE
RELATING TO ZONING
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25 of the Hawaii County Code is hereby repealed.
SECTION 2. Anew Chapter 25 is added to the Hawaii County Code which shall read
as follows:
"CHAPTER 25
ZONING
Article 1. General Provisions
Section 25-1-1. Title. The provisions of this chapter, inclusive of any amendments,
shall be known as the Zoning Code.
Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the general
plan which is a long range, comprehensive, general plan prepared to guide the overall future
development of the County.
(b) For the purpose of promoting health, safety, morals, or the general welfare of the
County, this chapter regulates and restricts the height, size of buildings, and other structures,
the percentage of a lot that may be occupied, off-street parking, setbacks, size of yards,
courts, and other open spaces, the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, or other purposes.
Section 25-I-3. Severability. If any portion of this chapter, or its application to any
person or circumstance, shall be held unconstitutional or invalid because it violates any
provision of the County charter or for any other reason, the remainder of the chapter and the
application of such portion to other persons or circumstances shall not be affected thereby.
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Section 25-1-4. Adoption of rules. The director and the commission may, as
appropriate, each adopt rules, in accordance with Hawaii Revised Statutes, chapter 41, for the
purpose of implementing the provisions of this chapter.
Section 25-I-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 customarily associated with and
subordinate to the main or principal use and which is located on the same building site as the
main or principal use.
(3) "Adult day care home" means a private residence, approved by the state,
providing supportive and protective care, without overnight accommodations, to a limited
number of adult disabled or aged persons. The term shall not include day care centers for
elderly, disabled and aged persons as defined by chapter 346,
part IV, 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, noise, odors, pollutants
or visual impacts that could adversely affect adjacent properties. These uses include, but are
not limited to, slaughterhouses, mills, refineries, canneries and milk processing plants.
(5) "Agricultural products processing, minor" means activities used for crop
production, which are not regulated as major agricultural products processing and which
involve a variety of operations on crops after harvest to prepare them for market, or further
processing and packaging at a distance from the agricultural area. Included activities are
cleaning, milling, pulping, drying, roasting, hulling, storing, packing, honey processing, poi-
making, selling and other similar activities. Also included aze the facilities or buildings
related to such activities.
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(6) "Alley" means a narrow street through a block primarily for access by
service vehicles to the back or side of properties fronting on another street.
(7) "Amusement and recreation facility, indoor" means an establishment
providing indoor amusement or recreation. Typical uses include: martial arts studios; billiard
and pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks; health
and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums;
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
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 fire 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,
including a single guest house, in which overnight accommodations and only breakfast meals
are provided to a maximum of ten guests, for compensation, for periods of less than thirty
days.
(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.
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(16) "Building height" means the vertical distance above a reference datum
measured to the highest point of the coping of a flat roof, or to the deck line of a mansard
roof, or to the average height of the highest gable of a pitched or hipped roof. The reference
datum shall be selected by either of the following, whichever yields a greater height of
building:
(A) The elevation of the highest adjoining sidewalk or ground surface
within alive-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 building site indicating the limit beyond
which buildings or structures may not be erected.
(18) "Building site" means a parcel of land which is occupied or is to be
occupied by a principal use and accessory uses or a building or group of buildings, and
includes a lot and a plot.
(19) "Building site average width" means that figure obtained by dividing the
total area of a building site by the maximum depth of the building 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 limited to minor job printing, duplicating,
binding and photographic processing, office security, maintenance and custodial services, and
office equipment and machinery sales, rentals and repair.
(21) "Care home" means a facility which is approved by the state pursuant to
chapter 346, part IV or part VIII, Hawaii Revised Statutes, as amended, to provide living
accommodations and general or rehabilitative care in homes with not more than one kitchen, to
accommodate unrelated children or elderly, handicapped, or disabled adults. The term
includes adult residential care homes, group child care homes and other facilities for children,
elderly, handicapped, developmentally disabled and totally disabled.
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(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.
(27) "Community building" means a public or privately-owned building for
civic, social, educational, cultural, and recreational activities which is not operated primarily
for financial gain.
(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
pre-packaged food products, household items, newspapers and magazines, and freshly
prepared foods.
(30) "Council" means the county council.
(31) "County environmental report" means an informational document in a form
prescribed by the director in accordance with rules adopted pursuant to chapter 91, Hawaii
Revised Statutes. The County environmental report shall contain a description of the physical,
social, historical, economic, and natural resource consequences of a proposed action, including
but not limited to a discussion of alternatives to the proposed action, any environmental effects
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which cannot be avoided should the proposal be implemented, the relationship between local
short-term uses of the environment and the maintenance and enhancement of long-term
productivity, any irreversible and irretrievable commitments of natural resources which would
be involved in the proposed action, and an analysis of the proposed action. The term "County
environmental report" does not include a state environmental impact statement prepared in
compliance with chapter 343, Hawaii Revised Statutes. However, in the event the director
fails to adopt rules within one hundred twenty days of the effective date of this ordinance that
include the form of the County environmental report set forth herein, the County
environmental report shall conform to the content required for environmental assessments in
chapter 343, Hawaii Revised Statutes, and the rules promulgated in accordance with that
statue. Copies of the County environmental report shall be available to the public for
inspection and written comment. Public comments on the document shall be made a part of
the record of the application under consideration by the director, and made available to the
council.
(32) "Crop production" means agricultural and horticultural uses, including, but
not limited to, production of grains, field crops, vegetables, fruits, tree nuts, flower fields and
seed production, ornamental crops, tree and sod farms.
(33) "Day care center" means a facility which is licensed or approved by the
state, pursuant to chapter 346, part IV or part VIII, Hawaii Revised Statutes, as amended,
where persons who are not members of the family occupying the premises are cared for
without overnight accommodations. This term includes day nurseries, preschools, and
kindergartens which are not licensed by the state department of education and adult day care
centers.
(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.
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(37) "Duplex and "double-family dwelling" means a building containing only
two dwelling units.
(38) "Dwelling" means a building or part thereof designed for or used for
residential occupancy or both and containing one or more dwelling units, and includes double-
family dwelling or duplex, mobile dwelling, multiple-family dwelling and single-family
dwelling.
(39) "Dwelling unit" means one or more rooms designed for or containing or
used as the complete facilities for the cooking, sleeping and living area of asingle-family only
and occupied by no more than one family and containing a single kitchen.
(40) "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.
(41) "Environmental impact statement" means an informational document
prepared in compliance with chapter 343, Hawaii Revised Statutes, and which discloses the
environmental effects of a proposed action, effects of a proposed action on the economic and
social welfare of the community and state, effects of the economic activities arising out of the
proposed action, measures proposed to minunize adverse effects, and alternatives to the action
and their environmental effects.
(42) "Erected" means constructed, reconstructed, altered, placed, or moved.
(43) "Family" means an individual or two or more persons related by blood,
state sanctioned adoption, foster parentage, guardianship or marriage, or a group of not more
than eight unrelated persons (excluding servants), occupying a dwelling unit. The term
includes individuals in larger group living situations described as group living facilities and
family child care homes.
(44) "Family child care home" means a private residence licensed or approved
by the state pursuant to chapter 346, part VIII, Hawaii Revised Statutes, 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.
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(45) "Farm" means land used for the purpose of agricultural, livestock,
poultry, or aquatic production.
(46) "Farm dwelling" means asingle-family dwelling located on or used in
connection with a farm, or if the 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 area, net" means the total gross floor area of all buildings
occupying a building site exclusive of floor area permanently allocated for parking or loading
spaces.
(50) "Food manufacturing and processing facility" means an establishment
primarily involved in the manufacture and processing of food products, other than an animal
products processing establishment. Typical activities include, but are not necessarily limited
to, noodle factories, and coffee grinding.
(51) "Frontage" means that portion of a building sits which abuts a road,
street, or highway.
(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 described under section 46-4,
Hawaii Revised Statutes, as amended, which is licensed or approved by the state as an adult
residential care home under section 321-15.6, Hawaii Revised Statutes, or as an intermediate
care facility/mental retardation community (ICFIMR-C) for persons including mentally ill,
who are not related to the home operator or facility staff.
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(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" means 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 large variety of goods and services directly associated with building
and home improvements.
(57) "Home occupation" means any activity intended to provide income that is
carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a
building site used principally for dwelling purposes.
(58) "Hospital" means an institution in which patients or injured persons are
given medical or surgical care, and unless otherwise modified, the term is limited to the care
of persons only.
(59) "Hotel" means a building or group of buildings containing six or more
rooms or suites which provides transient lodging accommodations, meals, entertainment, and
various personal services for compensation, whether such establishment is called a hotel,
motel, motor hotel, motor lodge, inn, or otherwise.
(60) "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.
(61) "Kennel" means a commercial establishment in which dogs or
domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or
compensation. The term includes animal quarantine stations.
(62) "Kitchen" means a room or a portion of a room designed to be used for
the preparation of food and containing at least one item from both of the following categories:
(A) Fixtures, appliances or devices for heating or cooking food; and
(B) Fixtures, appliances or devices for washing utensils used for dining
and food preparation and/or for washing and preparing food.
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(63) "Land use" means use of land, building use and use of any building.
(64) "Livestock" means all animals generally associated with farming, which
are raised or kept for food and other agricultural purposes. Such animals include horses,
cattle, goats, sheep, chickens, ducks, geese and other poultry and swine.
(65) "Livestock production" means a distinct agricultural operation or
establishment which keeps, feeds, or raises livestock for commercial purposes and as a
principal land use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots,
chicken, turkey and other poultry farms, rabbit farms, apiaries and aviaries.
(66) "Lodge" means a building or group of buildings, under single
management, containing transient lodging accommodations without individual kitchen
facilities, and no more than forty guest rooms or suites, and generally located in agricultural,
rural or other less populated areas.
(67) "Lot" means a building site or a pazcel of land shown as a unit on an
approved subdivision map, or a survey map.
(68) "Lot width" means that figure obtained by dividing the total area of a
building site by the maximum depth of the building site measured in the general direction of
the side lines.
(69) "Lot line" means any boundary of a building site or property line, and
includes:
(A) "Interior lot line" which is any lot line other than the street frontage.
(B) "Rear lot line" which is the lot line that is generally opposite the
street frontage.
(70) "Main building" means a building in which is conducted a principal or main
use on the building site on 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, refinement, alteration and/or other end products suitable for
sale or trade. General manufacturing, processing and packaging establishments are those
involving significant mechanical and chemical processes, large amounts of metal transfer, or
extended shift operations. Typical activities include, but are not limited to: paper and textile
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milling; wood millwork and the production of prefabricated structural wood products; the
manufacture of soaps and detergents; rubber processing and the manufacture of rubber
products; the production of plastics and other synthetic materials; primary metals processes;
the manufacture of vehicles; machinery and fabricated metal products; electroplating; cement
making and the production of concrete; gypsum and related products; the production of
chemical products; perfumes and pharmaceuticals; and the production of paving and roofing
materials. General manufacturing does not include those activities associated with petroleum
processing; the manufacture of explosives and toxic chemicals; waste disposal and processing;
and/or the processing of salvage, scrap and junk materials.
(72) "Manufacturing, processing and packaging, light" means activities which
are the main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale or
trade. Light manufacturing, processing and packaging establishments involve activities which
are non-offensive to adjacent uses; involve no open storage or other types of outdoor accessory
uses other than parking and loading; do not involve processes which generate significant levels
of heat, noise, odors and/or particulates; and do not involve chemicals or other substances
which pose a threat to health and safety. Typical activities include, but are not limited to, the
production of handcrafted goods, electronics-intensive equipment, components related to
instrumentation and measuring devices, bio-medical and telecommunications technologies,
computer parts and software, optical and photographic equipment, and other manufacturing,
processing and packaging uses meeting the criteria prescribed herein.
(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 non-profit recreational,
social or multi-purpose use, which has no overnight accommodations, and which may be for
organizations operating on a membership basis for the promotion of members' mutual interests
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or may be primarily intended for community purposes. Typical uses include private clubs,
union halls, community centers, and student centers.
(75) "Mobile dwelling" means a structure or vehicle containing one or more
dwelling units designed so as to be transportable either by being carried or towed or under its
own power, whether or not the wheels, skids or other devices for transportability are actually
in place.
(76) "Multiple-family dwelling" means a building containing more than two
dwelling units.
(77) "Nonconforming building or parcel" means a building or parcel lawfully in
existence on September 21, 1966 or on the date of any amendment to this chapter, but which
does not comply with the regulations for the zoning district in which it is located.
(78) "Non-conforming use" means a use lawfully in existence on September 21,
1966 or on the date of any amendment to this chapter, but which does not conform to the
regulations for the zoning district in which it is located.
(79) "Ohara dwelling" means a second dwelling unit permitted to be built as a
separate or an attached unit on a building site, but does not include a guest house or a farm
dwelling.
(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 are
barbershops, beauty shops, massage facilities, chiropractic clinics, garment repair, laundry
cleaning, pressing, dyeing, tailoring, 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 certain uses in specified zoning districts in
order to assure that the intent and purpose of this chapter are carried out.
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(84) "Plan lines for future streets" means lines established on the zoning map
for the purpose of future street construction and establishing the front property line of the
affected building site. The area within these lines shall be deemed to be the street
right-of-way, and cannot be considered in computing the minimum area or yard required on
any building site.
(85) "Public use", "public building" and "public structure" means a use
conducted by or a structure or building owned or managed by the federal government, the
state of Hawaii or the County to fulfill a governmental function, activity or service for public
benefit and in accordance with public policy. Excluded are uses which are not purely a
function, activity or service of government and structures leased by government to private
entrepreneurs or to non-profit organizations.
(86) "Recycling center" means an establishment on a building site, with or
without buildings, upon which used materials are separated and processed for shipment for
eventual reuse in new products. A recycling collection point or an area which serves only as a
drop-off point for temporary storage of recyclables shall not be considered a recycling center.
(87) "Rentable unit" means a sepazate 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 mending and repair services, and which
includes any repair activities which are likely to have some impact on the environment and
adjacent land uses by virtue of [heir 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.
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(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.
(B) Eyeglasses, hearing aids and prosthetic devices, production and
repair.
(C) Furniture upholstery.
(D) Garment repair.
(E) General repair shop.
(F) Non-motorized bicycle repair.
(G) Radio, television and other household appliance and equipment
repair, except for those appliances with gasoline engines.
(H) Shoe repair.
(I) Watch, clock and jewelry repair.
(90) "Resort area" means an area with facilities to accommodate the needs and
desires primarily of visitors, tourists and transient guests.
(91) "Restaurant" means an establishment which is regularly and in a bona fide
manner used and kept open for the serving of meals to patrons for compensation and which has
suitable kitchen facilities connected with the establishment, containing the necessary equipment
and supplies for cooking an assortment of foods which may be required for ordinary meals.
Additionally, at least thirty per cent of the establishment's gross revenue must derive from the
sale of foods.
(92) "Retail establishment" means an establishment which sells commodities or
goods to the consumer and may include display rooms and incidental manufacturing of goods
for retail sale on premises only. Typical retail establishments include convenience stores,
grocery and specialty food stores, general department stores, drug and pharmaceutical stores,
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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.
(93) "School" means a place for teaching, demonstration, learning, or
organized group instruction. Unless otherwise qualified, "school" means a place for primarily
academic instruction equivalent to what is commonly known as pre-school, kindergarten,
elementary school, intermediate school, high school, trade or vocational school, business
school, college or a combination of any of them.
(94) "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.
(95) "Single-family dwelling" means a building containing only one dwelling
unit.
(96) "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.
(97) "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.
(98) "Structure" means anything above existing grade constructed or erected
with a fixed location on the ground, or requiring a fixed location on the ground, or attached to
something having or requiring a fixed location on the ground. The term "structure" includes
the term "building".
(99) "Surveyor" means a person duly registered as a professional land surveyor
in the State.
(100) "Telecommunications antenna" means an antenna, tower and other
accessory structures for radio frequency (RF) transmissions intended for specific users who
must have special equipment for transmission and/or reception. Also included are
broadcasting facilities regulated by the Federal Communication Commission (FCC) under the
Code of Federal Regulations, par. 74, which includes low power television. Included are land-
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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.
(101) "Theater" means a facility which is used primarily for the performing arts
or for the viewing of motion picture films. Included are performing arts centers, concert halls
and other types of live theaters.
(102) "Time share unit" means any multiple-family dwelling unit or hotel ,
which is owned, occupied or possessed, under an ownership and/or use agreement among
various persons for less than asixty-day period in any year for any occupant, and is regulated
under the provisions of chapter 514E, Hawaii Revised Statutes, as amended.
(103) "Use" means the purpose to which land or any structure or improvement
thereon or both are or may be put. The word "use" is synonymous with terms "land use" and
"use of land" unless the context clearly indicates otherwise.
(104) "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.
(105) "Wholesaling and distribution" means the sale and/or distribution of
manufactured and/or processed products, merchandise or other goods in large quantities for
subsequent resale to retail establishments, and/or industrial, institutional and commercial
users.
(106) "Yard" means an open space on the same building site with a building,
which open space lies between the building and the bounding lot lines, and is unoccupied and
unobstructed from the ground upward except for landscaping and except for fences, walls,
architectural features, pools, pone cocheres, cornices, canopies, roof overhangs, eaves,
porches, balconies, terraces, fire escapes, stairs, ramps and other similar features authorized
under article 4, division 4 of this chapter, and includes:
16 ZONING CODE REVISION
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(A) "Front yard" which is a yazd lying between the street line on which
the building site fronts or the future width line or the plan line for future street and a line
pazallel thereto which runs through the point of the building neazest 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 pazallel thereto which runs through the point of the building
nearest to said lot line. The width of said yard is the distance between the parallel lines.
1,, ZONING CODE REVISION
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Article 2. Administration and Enforcement.
Division 1. General Administration
Section 25-2-1. Duties of county officers.
(a) The building official shall enforce any provisions of this chapter relative to building
construction and occupancy.
(b) The director shall enforce all other provisions of this chapter pertaining to land use.
(c) All law enforcement officers of the County shall enforce all the provisions of this
chapter.
Section 25-2-2. Issuance of permits or licenses in conformance with chapter. All
departments, officials, and public employees authorized to issue permits or licenses shall
conform to the provisions of this chapter and no permit or license for any use, building, or other
purpose shall be issued where the license or permit would be in conflict with the provisions of
this chapter. Any permit or license, if issued in conflict with the provisions of this chapter, shall
be void.
Section 25-2-3. Review and acceptance of applications.
(a) Any application filed with the director or the commission, pursuant to this chapter,
including but not limited to a zoning amendment, vaziance, use permit, plan approval, ohana
dwelling permit, planned unit development permit, or cluster plan development permit, shall be
reviewed by the director for completeness within fifteen days from the date that the application
was filed by the applicant.
(b) During the fifteen day period, the director shall either determine that the application
is complete and accept the application as of the date that the application was filed by the
applicant or shall determine that the application is defective.
(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.
I8 ZONING CODE REVISION
DRAFT fi-11/96
(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 asemi-monthly basis, a list of all applications accepted
under this section in at least two newspapers of general circulation in the county. Such list shall
include the name of the property owner, tax map key number(s) of the property, the land area,
and street address, if available.
Section 25-2-4. Notice to property owners and lessees of record of pending
application.
(a) Whenever any application under this chapter requires notice to owners and lessees of
record interests of the surrounding properties:
(1) Such notice shall be served to the owners and lessees of record of all lots of
which any portion is within three hundred feet of any point along the perimeter boundary of the
building site affected by the application if the building site is located within the state land use
urban or Waal district, or
(2) Such notice shall be served on the owners and lessees of record of all lots of
which any portion is within five hundred feet of any point along the perimeter boundary of the
building site affected by the application if the building site is located within the state land use
agricultural district, except that if the surrounding lots are located within either the state land use
urban or rural district, notice shall be served on the owners and lessees of record of all lots which
any portion is within three hundred feet of the building site.
(b) The applicant shall first serve notice of the filing of the application on the
surrounding owners and lessees within ten days after the 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 the surrounding owners and lessees, within ten days after receiving
notice from the director or the commission of the date of the proposed action or hearing. The
second notice shall be served not less than ten days prior to the date of the proposed action or
hearing.
(c) In determining the names and addresses of the affected owners and lessees of record,
as required by this section, the applicant shall utilize the data available from the real property tax
19 ZONING CODE REVISION
DRAFT 8-11/98
office; provided, that where the director has received written notice of additional or subsequent
owners or lessees of record and has so informed the applicant, the applicant shall also provide the
required notice to such persons. The applicant shall also provide notice to such other owners and
lessees of record when the applicant otherwise has actual knowledge of such other owners or
lessees of record.
(d) The notice to the affected property owners and lessees shall include the following
information:
(1) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the application and the proposed use of the property;
(4) The date on which the application was filed with the director or the
commission; and
(5) If the notice is for any proposed administrative action by the director or for
any public hearing to be held by the commission, the date on which the administrative action by
the director will taken on the application or the date on which a public heazing will be held to
consider the application.
(e) Prior to the director's proposed administrative action or prior to the commission's
public heazing, the applicant shall submit to the director or the commission, as appropriate,
proof of service or of good faith efforts to serve notice of the application on the designated
property owners and lessees. Such proof may consist of certified mail receipts, affidavits,
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 bearing notices.
(a) Unless otherwise provided, whenever published notice is required under this chapter
prior to any commission public heazing, the commission shall publish notice of the hearing in at
least two newspapers of general circulation in the County, at least ten days prior to the date of the
public heazing, unless a longer time period is required by either statute or chazter provision, in
which case, the notice period provided by statute or charter provision shall apply. The notice
20 ZONING CODE REVISION
DRAFT 6-11/96
_ _ _ r..
shall specify the time, date and place of the heazing, its purpose and a description of the property,
if any, involved.
(b) The commission may publish consolidated notices of any public hearings to be held
on the same date; provided that the consolidated notices state specific information regarding the
time, date and place, the purpose and a description of the property involved in each matter.
Section 25-2-6. Waiting period after denial of application. Unless otherwise
provided in this chapter, whenever an application for an amendment to this chapter, or for a
variance from this chapter, or for any other permit authorized under this chapter has been denied,
no new application for the same relief, action or use covering all or any portion of the property
involved in the original application shall be accepted by the director or the commission for a
period of one year from the effective date of the final denial of the original application; provided,
however, that upon a showing of a substantial change of circumstances, the director or
commission may permit the filing of a new application prior to the expiration of the one yeaz
period. Nothing contained in this section shall prevent the council or the director from initiating
any proceedings at any time under this chapter.
Section 25-2-7. Effect of changing districts on prior approvals. Every administrative
action for any given building site becomes void upon the changing of the district within which
the building site lies unless the action is for the approval of an existing nonconforming use or
structure, or such administrative action deals with a regulation which is precisely the same under
the regulations of the new district or unless the administrative action is taken with full knowledge
of a proposed or impending change of district, in which case the approval of such administrative
action shall state that the action is equally acceptable under the existing and proposed or
impending specified new district.
Section 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.
21 ZONING CODE REVISION
DRAFT 6-11/96
(b) Two or more applications involving the same building site or the same project
requiring commission action may be considered concurrently by the commission, provided that
the commission decision on each application shall be issued sepazately by the commission.
(c) An action to amend this chapter may be considered concurrently with other
administrative and commission actions, but an application to amend this chapter must be filed
independently of other applications for administrative or commission action, and any decision on
an application for an amendment to this chapter shall be issued sepazately from decisions on
other administrative or commission requests.
Section 25-2-9. Privileges granted run with land. All amendments to this chapter and
all permits and approvals issued under this chapter shall apply to the applicable land, building,
development, or use and shall not be granted if the action sought would not be equally acceptable
under a vaziety 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 25-2-10. 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 standards of this chapter for consolidation and
resubdivision action resulting in the creation of the same or less number of lots than that which
existed prior to the consolidation or resubdivision action; provided, that prior to the granting of
any waiver, the director shall confer with the chief engineer and the manager of the department
of water supply and other applicable government agencies.
Division 2. Appeals.
Section 25-2-20. Persons who may appeal; procedure.
(a) Any person aggrieved by the decision of the director or the commission in the
administration or application of this chapter, except for decisions regarding vaziance applications
and decisions which aze directly appealable to the circuit courts under state law, may, within
thirty days after the date of the director or commission's written decision, appeal the decision to
the board of appeals.
(b) Any person aggrieved by the decision of the director or the commission regazding a
variance application, may appeal such decision in accordance with the provisions of sections
ZONING CODE REVISION
22 DRAFT 6-11/96
25-2-55 through 25-2-57 of this chapter.
(c) A person is aggrieved by a decision of the director or the commission if:
(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 cleazly distinguishable from that of
the general public; and
(2) The person is or will be adversely affected by the decision.
(d) An appeal shall be in writing, in the form prescribed by the board of appeals, and
shall specify the person's interest in the subject matter of the appeal and the grounds of the
appeal. Any such appeal shall be accompanied by a filing fee of $250. The person appealing a
decision of the director or commission shall provide a copy of the appeal to the director or
commission, as appropriate, and to the owners of the affected property.
(e) The appellant, the owners of the affected property, and the director or the commission,
as appropriate, shall be parties to an appeal. Other persons may be admitted as parties to an
appeal, as permitted by the boazd of appeals.
Section 25-2-21. Performance of permit conditions pending appeal. Whenever any
appeal is filed after a permit or approval has been issued and the permit or approval contains
conditions requiring performance within specified time periods, the time for performance of any
such conditions shall not commence until after a final decision is rendered in the appeal.
Section 25-2-22. Conduct of appeal hearing; costs.
(a) Within twenty days after receipt of a notice of appeal, the director or commission, as
appropriate, shall transmit to the boazd of appeals the entire record or file of the proceeding being
appealed. The entire record or file from the director or commission, as appropriate, shall be part
of the board of appeals's record in an appeal, and shall be reviewed by the boazd of appeals in the
appeal.
(b) A full heazing shall be held by the boazd of appeals, in any appeal, in accordance with
chapter 91, Hawaii Revised Statutes.
(c) A verbatim audio recording or stenographic record shall be made of the hearing and
shall remain on file in the office of the board of appeals. Copies of such verbatim record of any
hearing may be ordered by any party, with the cost thereof to be paid by the party ordering such
copy or copies.
ZONING CODE REVISION
23 DRnF s-vas
(d) The appellant has the burden of proof in an appeal before the boazd of appeals.
Section 25-2-23. Standard of review. The board of appeals may affirm the decision of
the director or the commission , or it may reverse or modify the decision or remand the decision
with appropriate instructions based upon the preponderance of evidence the boazd finds that:
(1) The director or commission, as appropriate, erred in its decision; or
(2) The decision violated this chapter or other applicable law; or
(3) The decision was azbitrary or capricious or chazacterized by an abuse of
discretion or cleazly unwarranted 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
regarding appeals.
Division 3. Violations, Penalties, Enforcement
Section 25-2-30. Violations. Any approval or permit issued pursuant to the provisions
of this chapter shall comply with all applicable requirements of this chapter. Failure to comply
with conditions imposed as part of any approval or permit, including 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:
(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior
conviction for violation of this chapter, by a fine of not less than $500 but not exceeding $1,000.
(b) Afrer a conviction for a first violation under this chapter, each further day of violation
shall constitute a sepazate offense if the violation is a continuance of the subject of the first
conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the
Hawaii Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes.
24 ZONING CODE REVISION
DRAFT 6-11 /96
~.~..~.»,~.r...~.~~....~ _
(d) Any authorized personnel may issue a summons or citation to an alleged violator in
accordance with the procedure specified in this section. Nothing in this section shall be
construed as barring such authorized personnel from initiating prosecution by penal summons, by
complaint, by warrant or such other judicial process as is permitted by statute or rule of court.
(e) Any authorized personnel issuing a summons or citation for a violation of this chapter
may take the name and address of the alleged violator and shall issue to the alleged violator a
written summons or citation notifying the alleged violator to answer at a place and at a time
provided in the summons or citation.
(f
j There shall be provided for use by authorized personnel a form of summons or
citation for use in citing violators of this chapter which does not mandate the physical arrest of
such violators. The form and content of such summons or citation shall be as adopted or
prescribed by the administrative judge of the district court and shall be printed on a form
commensurate with the form of other summonses or citations used in modern methods of arrest,
so designed to include all necessary information to make the same valid under the laws and
regulations of the state of Hawaii and the County.
(g) In every case when a citation is issued, the original of the same shall be given to the
violator, provided that the administrative judge of the district court may prescribe the giving to
the violator of a carbon copy of the citation and provide for the disposition of the original and
any other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of its respective original.
Section 25-2-32. Right of entry for authorized personnel. When it is necessary to
make an inspection to enforce the provisions of this chapter, or when the authorized personnel
has reasonable cause to believe that there exists upon a building or upon a premises or upon a
building site a condition which is contrary to or in violation of this chapter which makes the
building or premises or the building site unsafe, dangerous or hazardous, the authorized
personnel may enter the building or premises or the building site at reasonable times to inspect or
to perform the duties imposed by this chapter, provided that if the building or premises is
occupied that credentials be presented to the occupant and entry requested. If such building or
premises be unoccupied, the authorized personnel shall first make a reasonable effort to located
,LS ZONING CODE REVISION
DRAFT 6-71 /96
the owner or other person having chazge or control of the building or premises and request entry.
If entry is refused, the authorized personnel shall have recourse to the remedies provided by law
to secure entry.
Section 25-2-33. Limited liability of authorized personnel. The authorized personnel
charged with the enforcement of this chapter, acting in good faith and without malice in the
discharge of the duties required by this chapter or other pertinent law or ordinance shall not
thereby be rendered personally liable for damages that may accrue to persons or property as a
result of an act or by reason of an act or omission in the dischazge of such duties. A suit brought
against the authorized personnel because of such act or omission performed by the authorized
personnel in the enforcement of any provision of this chapter or other pertinent laws or
ordinances implemented through the enforcement of this chapter shall be defended by the County
until final termination of such proceedings, and any judgment resulting therefrom shall be
assumed by the County.
Section 25-2-34. Injunctive action. The County may maintain an action for an
injunction to restrain any violation of the provisions of this chapter and may take any other
lawful action to prevent or remedy any violation.
Section 25-2-35. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections 25-2-31, 25-2-32, and
25-2-34, if the director determines that any person is violating any provision of this chapter, any
rule adopted thereunder, or any permit issued pursuant thereto, the director may have the person
served by personal service or by certified mail, with a notice of violation and order pursuant to
this section. The director may also have a copy of the notice of violation and order posted at the
building site.
(b) The notice of violation shall include at least the following information:
(1) Date of the notice;
(2) Name and address of the person noticed;
(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.
ZONING CODE REVISION
26 DRAFT 6-71 /96
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the person's own expense before a date specified in
the order;
(3) Pay a civil fine not to exceed $500 in the manner, at the place and before the
date specified in the order;
(4) Pay a civil fine not to exceed $500 per day for each day in which the violation
persists, in the manner and at the time and place specified in the order.
(d) The order shall advise the person that the order shall become final thirty days after
the person's receipt of the order, unless the director's decision is appealed to the 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 receipt 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 board of appeals as
provided by section 5-6.3 of the County charter and sections 25-2-20 through 25-2-24 of this
chapter. An appeal to the boazd of appeals shall stay the provisions of the director's order
pending the final decision of the board of appeals.
(g) The director may institute a civil action in any court of competent jurisdiction for the
enforcement of any order issued pursuant to this section. Where the civil action has been
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 yeaz or more after final adjudication and the expiration of the time for any
further appeal.
(i) Fines, assessed under this section shall constitute a lien upon the subject property
upon the filing of said lien with the bureau of conveyances. This lien shall be considered for
27 ZONING CODE REVISION
DRAFT 6-11/98
purposes of authority, to be the equivalent liens which arise pursuant to the provisions of chapter
19 of this Code.
Section 25-2-36. Remedies cumulative. The remedies provided in this chapter shall be
cumulative and not exclusive.
Division 4. Amendments
Section 25-2-40. When zoning code may be amended. This chapter may be amended
by changing the boundaries of districts or by changing any other provision in this chapter
whenever the public necessity and convenience and the general welfaze require such amendment,
and when such amendment would be consistent with the goals, policies and standazds of the
general plan.
Section 25-2-41. Who initiates amendment. An amendment may be submitted by the
council, the director, the owner of the property, or any other person with the property owner's
authorized consent.
Section 25-2-42. Amendments initiated by property owners and other persons.
(a) An application for a change of zoning district by a property owner, or any other
person with the property owner's consent, shall be on a form prescribed by the director and shall
be accompanied by:
(1) A filing and processing fee of $500 plus $25 per lot or unit proposed by the
amendment.
(2) A description of the property in sufficient detail to determine its precise
location.
(3) A plot plan of the property, drawn to scale with all existing and proposed
structures shown thereon, and any other information necessary to a proper determination relative
to the specific request.
(4) A list of the names, addresses and tax map key numbers for those owners and
lessees of record of surrounding properties who aze required to receive notice under
section 25-2-4.
(5) A county environmental report. A county environmental report shall not be
required for any amendment where either an environmental impact statement or an
28 ZONING CODE REVISION
DRAFT 8-i 1 /96
environmental assessment and negative declazation have been prepazed and issued in compliance
with chapter 343, Hawaii Revised Statutes, as amended.
(6) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) Within ten days after filing an application for a change of zone, the applicant shall
serve notice of the application on surrounding owners and lessees of record, as provided by
section 25-2-4.
(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 boundazy only where it would result in a more appropriate land
use pattern that will further the public necessity and convenience and the general welfaze, and be
consistent with the goals, policies and standards of the general plan.
(1) The director shall recommend either the approval or denial of the proposed
amendment to the commission subject to conditions which would further the intent of this
chapter and the general plan and other related ordinances.
(2) The director shall make the recommendation within one hundred twenty days
after an application has been accepted by the director.
(3) If the director fails to make a recommendation on the proposed amendment
within the one hundred twenty-day period, the application shall be forwarded to the commission
without any recommendation from the director, and the director's failure to act shall be
considered a favorable recommendation on the application.
(d) The commission shall review any application initiated by a property owner or other
person for a change of zone and shall forwazd its recommendation on the application to the
council through the mayor for the council's consideration and action.
(1) In reviewing the application, the commission shall hold at least one public
heazing and shall provide reasonable notice of the date of the hearing to the applicant. The
commission shall also provide notice by publication of the hearing, as provided in this chapter.
(2) Within ten days after receiving notice of the date of the public hearing, the
applicant shall serve notice of the hearing on surrounding owners and lessees of record as
29 ZONING CODE REVISION
DRAFT 6-11/86
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record
interests in other properties which the commission may find to be directly affected by the
proposed amendment.
(3) Within ninety days after receipt of the application from the director, unless a
longer period is agreed to by the applicant, the commission shall transmit the proposed change of
zone ordinance together with its recommendations thereon through the mayor to the council.
The commission shall recommend approval in whole or in part, with or without modifications, or
rejection of such application. In the event that the commission fails to act on the application
within the ninety-day period, the application shall be considered an unfavorable recommendation
by the commission, and the application shall be transmitted through the mayor to the council
with such recommendation.
Section 25-2-43. Amendments initiated by the council and director.
(a) Any amendment initiated by the director shall be reviewed by the commission.
(1) The amendment shall be submitted to the commission with the director's
justification and recommendation on the amendment.
(2) Upon receipt of a proposed amendment from the director, the commission
shall hold at least one public hearing. Notice of the hearing by the publication shall be provided
by the commission in accordance with section 25-2-5, except that when a proposed amendment
involves a specific parcel of land, notice shall be provided by the commission in accordance with
subsections (c) and (d).
(3) Within sixty days after receipt of the amendment from the director, the
commission shall transmit the proposed amendment together with its recommendations thereon
through the mayor to the council. The commission shall recommend approval in whole or in
part, with or without modifications, or rejection of such amendment. In the event that the
commission fails to act on the amendment within the sixty-day period, such inaction shall be
considered as unfavorable recommendation by the commission, and the amendment shall then be
submitted through the mayor to the council with such recommendation.
(b) The council shall refer any proposed council-initiated amendment to this chapter to
the director and the commission with requests for their respective comments and
recommendations thereon, prior to the first reading of any such amendment. The director and the
3(] ZONING CODE REVISION
DRAFT 6-17/96
commission shall each submit comments and recommendations on the proposed amendment to
the council within one hundred twenty days from the date that the amendment is transmitted by
the council to the director and the commission.
(1) The director shall submit comments and any recommendations to both the
commission and the council within the one hundred twenty day review period.
(2) The commission shall hold at least one public heazing on the proposed
amendment. Notice of the heazing by publication shall be provided by the commission in
accordance with section 25-2-5, except that when a proposed amendment involves a specific
parcel of land, notice shall be provided by the commission in accordance with subsections (c)
and (d).
(3) The commission shall transmit the amendment together with its
recommendations thereon through the mayor to the council. The commission shall recommend
approval in whole or in part, with or without modifications, or rejection of such amendment. In
the event that the commission fails to act on the amendment within the one hundred twenty day
review period, such inaction shall be considered as an unfavorable recommendation by the
commission.
(4) After the one hundred twenty-day review period has expired, the council may
proceed to act on the proposed amendment as it deems appropriate.
(c) Notice by mail to surrounding owners and lessees of record of properties within the
boundazies established by section 25-2-4, shall not be required for any amendment initiated by
the council or the director. In lieu of mailing written notice to surrounding property owners and
lessees of record, the director shall publish notice of the commission's public hearing in at least
two newspapers of general circulation in the County, once a week for three consecutive weeks,
with the last notice to be at least ten days prior to the hearing. The notice shall specify the time,
date and place of the heazing, its purpose and a description of any property which may be
involved.
(d) Notice to owners of any properties specifically subject to the proposed amendment
shall be provided by mail from the director, no later than thirty days prior to the commission's
public hearing on the amendment.
ZONING CODE REVISION
31 DRAFT 6-11/96
Section 25-2-44. Conditions on change of zone.
(a) Within any ordinance for a change of zone, the council may impose conditions on the
applicant's use of the property subject to the change of zone provided that the council finds that
the conditions 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 any change of zone ordinance shall be
processed in the same manner as a zone change, unless the council authorizes the changes or
alterations to be made by the director. A request for any change or alteration of conditions shall
be submitted in writing to the director, in lieu of the application required for an applicant
initiated change of zone. The request shall be accompanied by a filing fee of $250.
(c) Failure to fulfill any conditions of the zone change within the specified time
limitations, or any extensions thereto, may be grounds for the enactment of an ordinance making
further zone changes or for 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 section 25-2-43.
Section 25-2-45. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change. A
nonsignificant zoning change must comply with the designations for the property set forth in the
general plan and any development plan adopted by ordinance, and must either:
(1) not result in a net increase in the density allowed in the zoning district(s)
containing the affected area; or
(2) be the lesser of a five percent or one acre increase or decrease in the azea of
any zoning district(s).
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Division 5. Variances
Section 25-2-50. Variances permitted. Vaziances from the provisions of this chapter
may be granted; provided that a vaziance shall not allow the introduction of a use not otherwise
permitted within the district; and provided further that a vaziance shall not primarily effectuate
relief from applicable density limitations.
Section 25-2-51. Grounds for variance. A variance may only be granted if the
following is found:
(a) There aze special or unusual circumstances applying to the subject real property
which exist either to a degree which deprives the owner or applicant of substantial property
rights that would otherwise be available, or to a degree which obviously interferes with the best
use or manner of development of that property; and
(b) There aze no other reasonable alternatives that would resolve the difficulty; and
(c) The vaziance is consistent with the general purpose of the district, the intent and
purpose of this chapter, and the general plan, and will not be materially detrimental to the public
welfaze or cause substantial, adverse impact to an azea's character or to adjoining properties.
Section 25-2-52. Application for variance; requirements. Application for a vaziance
shall be on a form prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of $250;
(2) A description of the property in sufficient detail to determine the precise
location of the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed
structures shown thereon;
(4) A list of the names and addresses of all surrounding owners and lessee of
record of property interests in property within the boundaries established by section 25-2-4,; and
(5) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
Section 25-2-53. Notice of action on variance application.
(a) Upon acceptance of a vaziance application, the director shall fix a date for the
director's action on the application. Within ten days after receiving notice of such date, the
applicant shall serve notice of the application on surrounding owners and lessees of record, as
33 ZONING CODE REVISION
DRAFT 6-17/96
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record
of interests in other properties which the director may find to be directly affected by the variance
sought.
(b) The director shall publish notice of the date of the proposed decision by the director
and the date by which written comments must be received by the director in at least two
newspapers of general circulation in the County, at least ten days prior to the date of the
director's proposed decision.
Section 25-2-54. Actions by director on variance.
(a) The director shall, within sixty days after acceptance of a vaziance 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.
Section 25-2-55. Review of director's action by non-applicant.
(a) If the director grants a vaziance over the timely written objection submitted by an
interested party, the interested pazty may request the commission's review of the director's action.
For purposes 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 the boundazies
established by section 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
vaziance that the person's interest in the action is cleazly distinguishable from that of the general
public. The request by an interested party must be made in writing within fifteen 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 party within the time period prescribed by
subsection (a) above. The commission shall consider the request at a regulazly scheduled meeting
34 ZONING CODE REVISION
DRAFT 6-11 /96
of the commission, at which time the applicant and the person who requested such review shall
have an opportunity to be heard.
Within forty-five days after the receipt of a request for review, the commission shall
determine either that the director granted the vaziance 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. A contested case
heazing, as defined in chapter 91, Hawaii Revised Statutes, shall not be held by the commission
on any vaziance application.
(d) Within ten days after receiving notice of the date of the public heazing, the interested
party shall serve notice of the hearing on the applicant and on surrounding owners and lessees of
record as provided by section 25-2-4. The interested party 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 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 hearing on the matter, or within a
longer period as may be agreed to by the applicant, the commission shall either deny the variance
application or approve it subject to conditions, stating the factual findings supporting the
vaziance denial or approval. If the commission Fails to render a decision within the prescribed
time, the director's action shall be considered as having been affirmed.
Section 25-2-56. Appeal of director's action by applicant.
(a) If the director denies a 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.
(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:
35 ZONING CODE REVISION
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(1) Anon-refundable filing fee of $250; and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) The commission shall provide notice by publication of the public hearing in
accordance with the provisions of this chapter.
(d) The commission shall provide written notice of the public heazing, at least ten days
prior to the heazing, to persons who had submitted timely objections to the vaziance application
before the director's action.
(e) The commission shall conduct a public heazing within a period of sixty days from the
date the written appeal is accepted by the commission, unless that period is waived by the
applicant. A contested case hearing, as defined under chapter 91, Hawaii Revised Statutes, shall
not be held by the commission on any vaziance appeal.
(f) Within ninety days after acceptance of an applicant's vaziance appeal, or within such
longer period as may be agreed to by the applicant, the commission shall affirm, modify, or
reverse the director's action.
(g) All actions of the commission shall contain a statement of legal and factual bases for
its decision in accordance with the criteria contained in section 25-2-51 of this 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.
Section 25-2-57. Further appeal rights.
All actions of the commission aze final except that, within thirty days after the date of the
written decision, any person aggrieved by the decision of the commission, may appeal such
action to the board of appeals in accordance with this chapter.
Division 6. Use Permits
Section 25-2-60. Purpose. Use permits aze permits for certain permitted uses in zoning
districts which require special attention to insure that the uses will neither unduly burden public
agencies to provide public services nor cause substantial adverse impacts upon the surrounding
community.
36 ZONING CODE REVISION
DRAFT 6-11/96
Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be permitted within designated county zoning districts only
if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A districts;
provided that a minimum lot azea often thousand square feet is required within the RS, RD, RM,
and RA districts.
(4) Day Gaze centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum lot azea of ten thousand squaze feet shall be required within the RS, RD, RM, RCX
and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A, V, CG, CV,
and O districts.
(6) Hospitals, sanitaziums, old age, convalescent, nursing and rest homes, and
other similaz uses devoted to the caze or treatment of the aged, the sick, or the infirm in the RS,
RD, RM, RCX, RA, FA, A, and V, districts, provided that a minimum lot area of ten thousand
squaze feet shall be required within the RS, RD, RM, RCX and RA districts.
(7) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX,
RA, A, CN, CG, CV, MCX, ML, MG and O districts.
(8) Mortuazies in RS, RD, RM, RCX, RA, FA and A districts.
(9) Schools in RS, RD, RM, RA, FA and A, districts, provided that a minimum
lot azea of ten thousand squaze feet shall be required within the RS, RD, RM, and RA districts.
(10) Yacht hazbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and O districts.
(11) Other unusual and reasonable uses which aze not specifically permitted in
any zoning district with the approval of the director and the concurrence of the council by
resolution.
37 ZONING CODE REVISION
DRAFT a-11 /98
(b) Any use which received an approval as a conditionally permitted use prior to
September 25, 1984, or which received prior approval through the use permit process, is
considered a legal use of the affected pazcel and may be expanded or enlazged without obtaining
another use permit, provided such expansion, enlazgement 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.
(b) The application shall be accompanied by:
(1) A filing fee of $250.
(2) A description of the property in sufficient detail to determine the precise
location of the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed
structures shown thereon;
(4) A list of names, addresses and tax map key numbers for those owners and
lessees of record of surrounding properties who aze required to receive notice under
section 25-2-4; and
(5) A written description of the proposed use and a statement of objectives and
reasons for the request, including an analysis of how the request satisfies each of the standards
contained in section 25-2-65.
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) The applicant shall serve notice of the use permit application on surrounding owners
and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on
3g ZONING CODE REVISION
DRAFT 8-11/96
owners and lessees of record 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. The commission's decision shall be accompanied by a
statement of factual findings supporting the decision, together with any conditions imposed upon
a use permit approval.
(b) In approving any use permit application, the commission may issue the approval
subject to conditions, including hours of daily operation and terms of the use permit. The
conditions imposed by the commission shall bear a reasonable relationship to the use permit
granted.
(c) If the commission fails to render a decision within the prescribed period, the
application shall be considered as being approved.
(d) Concurrent requests may be acted upon by the commission in conjunction with a use
permit application.
Section 25-2-65. Criteria for granting a use permit.
A use permit shall be granted by the commission upon finding that:
(1) The granting of the proposed use shall be consistent with the general purpose
of the zoning district, the intent and purpose of this chapter, and the general plan;
(2) The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community's chazacter or to
surrounding properties; and
(3) The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection
and other related infrastructure.
39 ZONING CODE REVISION
DRAFT 6-11/96
Section 25-2-66. Appeal of a use permit decision.
Within thirty days after the date of the commission's written decision, any person
aggrieved by the decision may appeal the commission's action to the boazd of appeals in
accordance with this chapter.
Section 25-2-67. Revocation of a use permit.
(a) A use permit shall be revoked by the commission at the request of any property
owner who holds the use permit sought to be revoked or at the request of any other person with
the property owner's consent upon the submission of a written statement to the commission
verifying that the use approved under the use permit issued has either not been established or has
been abandoned.
(b) The commission may revoke any use permit upon request of the director 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 yeazs.
(c) The proceeding to revoke a use permit, upon request of the director, shall require
written notice to the property owner and to the person who has been issued the permit prior to the
commission taking action to revoke the permit.
(d) A property owner or other person affected by the proposed revocation of a use permit
ordered by the commission, may, within thirty days after the mailing of the commission's order,
appeal the commission's action to the board of appeals as provided by section 5-6.3 of the
County charter and sections 25-2-20 through 25-2-24 of this chapter. An appeal to the boazd of
appeals shall stay the provisions of the commission's revocation order pending the final decision
of the boazd 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
40 ZONING CODE REVISION
DRAFT 6-11 /96
_
aze carried out, and to ensure pertinent conditions of previous approvals related to the
development have been implemented.
Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of any new
structure or development or any addition to an existing structure or development in all districts
except in the RS, RA, FA, A and IA districts.
(b) Plan approval shall be required in all districts prior to the change of the following
uses in existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction or
establishment of the following improvements and uses:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Public uses, structures and buildings and community buildings, as permitted
under section 25-4-11.
(3) Telecommunication antennas and towers, as permitted under
section 25-4-12.
(4) Temporary real estate offices and model homes, as permitted under
section 25-4-8.
(5) Utility substations, as authorized under section 25-4-11.
(d) Plan approval shall be required in the RA district prior to the construction or
installation of any new structure or development, or of any addition to an existing structure or
development which is to be used for minor agricultural products processing.
(e) Plan approval shall be required in the A district prior to the development of any
trailer pazk.
(f) Plan approval may be required as a condition of approval of any use permit, variance,
or other action relating to a specific use, in which case the use or development so conditioned
may not be established until plan approval has been secured.
ZONING CODE REVISION
41 DRAFT 8-11/96
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;
(B) The location, size, height, and use of all existing and proposed
structures;
(C) All yards and open spaces;
(D) Location, height, and material of all fences and walls;
(E) The standazd of improvement and location, number, and size of
parking spaces, arrangement and on-site circulation of all off-street pazking and loading facilities
including points of access thereto from adjoining streets;
(F) The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
(G) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
(2) Any other information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
Section 25-2-73. Plan approval application requirements for bed and breakfast
establishments. In addition to the application requirements for plan approval contained in
section 25-2-72, an application for plan approval for a bed and breakfast establishment shall
contain the following information:
(1) The designation of each proposed bed and breakfast guest bedroom on the site
plan;
(2) A copy of the operator's current transient accommodations tax license and
general excise tax license;
(3) Documentation to verify that the bed and breakfast establishment complies
with all applicable requirements of the state department of health; and
42 ZONING CODE REVISION
DRAFT fi-71/96
(4) Documentation to verify that the bed and breakfast establishment complies
with all of the accessibility requirements under the Americans with Disabilities Act (ADA).
Section 25-2-74. Plan approval application requirements for telecommunication
antennas. In addition to the application requirements for plan approval contained in
section 25-2-72, an application for plan approval For a telecommunication antenna or tower shall
contain the following information:
(1) A plot plan showing the location of the proposed antenna or tower;
(2) Building plans for the tower, certified by a licensed structural engineer,
verifying that the tower, together with the initial antennas and other equipment proposed to be
installed thereon, will have a hard survivability for sustained winds of one hundred mile per
hour;
(3) A statement from the Federal Aviation Administration that the application has
not been found to be a hazard to air navigation; and
(4) A statement from the Federal Communications Commission that the
application complies with the regulations of the Commission or a statement that no such
compliance is necessary.
Section 25-2-75. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the proposal
which, in the director's opinion, are necessary to carry out and further the purposes of this chapter
and the considerations contained in section 25-2-76.
(b) The director may only issue plan approval for a bed and breakfast establishment if the
proposed use meets all of the conditions contained in sections 25-2-76 and 25-4-7, and if the
operator of the bed and breakfast establishment provides all verification required under section
25-2-73.
(c) The director may only issue plan approval for a telecommunication antenna or tower
if the proposed use meets all of the conditions contained in sections 25-2-76 and 25-4-12, and if
the applicant provides all verification required under section 25-2-74.
(d) The director may only issue plan approval for a temporary model home or real estate
office if the proposed use meets all of the conditions in section 25-2-76 and 25-4-8.
43 ZONING CODE REVISION
DRAFT 6-17/96
(e) The director shall render a decision to either approve or deny a plan approval
application within thirty days after acceptance of the application. If the director fails to render a
decision within the thirty-day period, the application shall be considered approved without
further certification by the director.
Section 25-2-76. Review criteria and conditions of approval.
(a) In reviewing a plan approval application, the director shall consider the proposed
structure, development or use in relation to the surrounding property, improvements, streets,
traffic, community chazacteristics, natural features, and may require conditions or changes to
assure:
(1) Adequate light and air, and proper siting and arrangements aze provided for
all structures and improvements;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the structure,
development or use and its surroundings;
(4) Unsightly azeas are properly screened or eliminated;
(5) Adequate off-street pazking is provided to serve the structure, development or
use, regazdless of the otherwise minimum requirements of this chapter;
(6) Access to the pazking azeas will not create potential accident hazards;
(7) Within reasonable limits, any natural and man-made features of community
value aze preserved; and
(8) Dust and 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.
44 ZONING CODE REVISION
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Section 25-2-78. Appeal of a plan approval decision.
Any person aggrieved by the plan approval decision of the director may appeal the
director's action to the boazd of appeals, in accordance with this chapter, within thirty days after
date of the director's written decision.
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45 DRAFT 6-11/96
Article 3. Establishment of Zoning Districts
Section 25-3-1. Designation of districts.
(a) The zoning districts of the County shall consist of the following districts:
(1) RS, single-family residential districts (article 5, division 1).
(2) RD, double-family residential districts (article 5, division 2)
(3) RM, multiple-family residential districts (article 5, division 3).
(4) RCX, residential commercial mixed districts (article 5, division 4).
(5) RA, residential and agricultural districts (article 5, division 5).
(6) FA, family agricultural district (article 5, division 6).
(7) A, agricultural districts (article 5, division 7).
(8) IA, intensive agricultural districts (article 5, division 8).
(9) V, resort-hotel districts (article 5, division 9).
(10) CN, neighborhood commercial districts (article 5, division 10).
(11) CG, general commercial districts (article 5, division 11).
(12) CV, village commercial districts (article 5, division 12).
(13) MCX, industrial commercial mixed districts (article 5, division 13).
(14) ML, limited industrial districts (article 5, division 14).
(15) MG, general industrial districts (article 5, division 15).
(16) O, open districts (article 5, division 16).
(17) Special districts (articles 6 and 7).
(b) Any building site within the commercial office (CO) district as of the date of the
adoption of this section, shall automatically be redesignated as a general commercial (CG)
district, with the same minimum land area required for each building site, 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 minirnum 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 or safety, flood hazard district
designation, whichever is applicable, is removed as a zoning district designation for the
building site. The redesignation provided for under this subsection shall occur immediately
ZONING CODE REVISION
46 DRAFT 6-11 /96
upon adoption of this section, without any action required on the part of any land owner. The
director shall cause all zone maps and the zoning map to be corrected to reflect the
redesignation described in this subsection.
Section 25-3-2. Designation of special districts. The special zoning districts of the
County shall consist of the following:
(1) Kailua Village design commission (article 7, division 1).
(2) CDH, Downtown Hilo commercial district (article 7, division 2).
(3) Geothermal subzone districts (article 7, division 3).
(4) Project districts (article 6, division 4).
(5) Agricultural project districts (article 6, division 5).
Section 25-3-3. Method and effect of establishment of districts.
(a) Any of the districts listed in sections 25-3-1 and 25-3-2 are or may be established
for any portion of the County by being described by metes and bounds and in map form. In
case of conflict between a zoning map and metes and bounds description delineating district
boundaries, the latter shall control. In case of conflict between a zoning map, and any
summary of ordinances as provided by subsection (d) below on one hand, and duly enacted
ordinance on the other, the provisions of the ordinance shall be authoritative. As between
ordinances, the provisions of an ordinance enacted later in time shall control.
(b) The zone maps in article 8 of this chapter, adopted by ordinance numbers 74
(1967), 109 (1967), 110 (1967), 111 (1967), 187 (1968), and 190 (1969), and any amendments
to these maps by ordinance shall constitute the zoning map of the County. An up-to-date copy
of the zoning map shall be kept for public display in the office of the director.
(c) The zoning map and all notations, references, data and other information shown
thereon are incorporated by reference and made a part of this chapter. The adoption of or the
change in the boundary of any district shall be by ordinance and shall constitute an amendment
to this chapter; provided, that 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
ZONING CODE REVISION
47 DRAFT 6-71/96
included in this chapter or in an appropriate annex to this chapter. The summary which shall
be maintained and updated by the director shall include at a minimum the following
information:
(1) Ordinance number and effective date;
(2) General location of land affected or tax map key:
(3) Original district designation; and
(4) Final district designation.
Section 25-3-4. Establishment of building lines, future width lines and plan lines
for future streets. Building lines, future width lines and plan lines for future streets may be
established and shown on any section of the zoning map as provided in sections 25-3-3 and
25-8-1 of this chapter.
Section 25-3-5. Application of district regulations.
(a) The provisions of this chapter for each district shall apply uniformly to each class
or kind of structure or land within the district, except as provided in this chapter.
(b) Any building, structure, or land used or occupied after May 24, 1967 and any
building or structure erected, constructed, reconstructed, moved or structurally altered after
May 24, 1967 shall comply with all of the regulations specified in this chapter for the district
in which such structure, land or premises is located.
(c) Any building or other structure erected or altered after May 24, 1967 shall not:
(1) Exceed the height;
(2) Accommodate or house a greater number of families;
(3) Occupy a greater percentage of lot area, if provided by the zoning district;
(4) Have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein permitted; or
(5) In any other manner be contrary to the provisions of this chapter.
(d) No portion of a yard, other open space, off-street parking, or loading space
required about or in connection with any building for the purpose of complying with this
chapter, shall be included as part of a yard, open space, off-street parking, or loading space
similarly required for any other building.
ZONING CODE REVISION
48 DRAFT 6-11 /96
(e) Any yard or building site existing as of September 11, 1966, shall not be reduced
in dimension or area below the minimum requirements set forth in this chapter. Any yard or
building site created after May 24, 1967, shall meet at least the minimum requirements
established by this chapter. Provided, however, that if the minimum building site in any zoning
district was increased by an amendment to this chapter as of December 1996, any parcel of
land with minimum building site areas established by a zoning ordinance adopted predating
December , 1996, may be developed utilizing minimum building site areas in accordance
with the pre-existing ordinance.
(f) If any ordinance adopted prior to December 1996, amended the zoning district
for any building site and provided for a future effective date for the amendment, the ordinance
shall be considered to predate this chapter and the building site may be developed in
accordance with the ordinance and the conditions contained in the ordinance, notwithstanding
the fact that provisions of this chapter adopted on December 1996 conflict with the
provisions of the ordinance.
Section 25-3-6. Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of any of the districts as shown on the
zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets,
highways, or alleys shall be construed to follow the center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be
construed as following the lot lines;
(3) Boundaries indicated as approximately following city limits shall be
construed as following city limits;
(4) Boundaries indicated as following the shoreline shall be construed to follow
high water lines, and in the event of change in the shoreline shall be construed as moving with
the actual highwater lines; boundaries indicated as approximately following the center lines of
streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the center
lines;
(5) Boundaries indicated as parallel to or extensions of features indicated in
paragraphs (1) through (4) of this section shall be so construed. Distances not specifically
ZONING CODE REVISION
49 DRAFT 6-11/96
indicated on the zoning map shall be determined by the director scaling the distance on the
zoning map.
(6) Where physical or cultural features existing on the ground vary from those
shown on the zoning map or in other circumstances not covered by paragraphs (1) through (4)
of this section, the director shall determine the location of such boundaries.
Section 25-3-7. District classification of streets. Unless otherwise designated in this
chapter, the area of any street, right-of-way or easement is considered to be and shall be
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
required yards of any building site shall be computed excluding any area within plan lines for
future streets established on the zoning map.
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Article 4. General Development Regulations
Division 1. Use Regulations
Section 25-41. Existing buildings. Construction on any building upon which was
lawfully begun prior to the effective date of this chapter or any subsequent amendments hereto
may be completed and thereafter shall be considered an existing building at the time of the
effective date of this chapter or amendment.
Section 25-4-2. Conditions for construction of buildings designed for human
occupancy.
(a) On any building site, no building designed or intended for human occupancy shall
be constructed and no permit therefor shall be issued unless:
(1) The building site is served by a County water system or a privately owned
and operated water system, or other private, individual means of providing water to the
building site is demonstrated; and
(2) A wastewater treatment system for the proposed building has been approved
by the state department of health.
(b) On any building site in any subdivision approved by the director under chapter 23
of this code, no building designed or intended for human occupancy shall be constructed and
no permit issued therefor until either:
(1) The streets, drainage improvements, water supply system, if any, and
sewage disposal system, if any, have been constructed, inspected and approved by the
appropriate County agencies; or
(2) Final subdivision approval has been secured by the subdivider in
accordance with chapter 23, by posting a surety bond or other security guaranteeing the
construction of all of the subdivision improvements as shown on approved construction
drawings and specifications, provided that final occupancy of any dwelling unit shall not be
granted until the subdivision improvements for the particular increment in which such dwelling
unit is situated have been constructed, inspected and approved by the appropriate County
agencies.
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S 1 DRAFT 8-11/86
Section 25-4-3. Establishment of permitted uses. The permitted uses as listed in the
regulations for each zoning district may be established within that district after compliance
with the specific regulations of the district and the general regulations of this chapter.
Section 25-4-4. Uses prohibited. Any use not listed among the permitted uses in a
zoning district is a prohibited use within that district, except as otherwise provided in this
chapter.
Section 25-4-5. Uses authorized by other permits. In all districts, all land uses
allowed in permits granted by the state land use commission or the commission pursuant to
chapter 205, Hawaii Revised Statutes, all land uses allowed in permits issued by the
commission or the director pursuant to chapter 205A, Hawaii Revised Statutes, and all land
uses allowed in permits issued by the state board of land and natural resources pursuant to
chapter 183C, Hawaii Revised Statutes, or any amendment thereto, shall be deemed to be
permitted uses.
Section 25-4-6. Use of streets. Except as permitted by the council, no street shall be
used for the display, sale, or private storage of any commodity or any material, nor shall any
structure be placed therein other than a driveway, ramp or similar structure that is necessary
for vehicular access to the adjoining property. This section shall not prohibit normal street
improvements and those other facilities normally placed in streets.
Section 25-47. Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, RA,
FA, A, V, CN, CG and CV districts, provided that plan approval for any bed and breakfast
establishment is secured from [he 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 breakfast 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.
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S2 DRAFT 8-11/96
(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 within asingle-family
dwelling unit and a guest house, pursuant to section 25-4-9, on a building site.
(4) The bed and breakfast establishment shall contain no more than five guest
bedrooms for rent to guests.
(5) In the RS and RD districts, the minimum lot size for a bed and breakfast
establishment with three to five guest bedrooms shall be fifteen thousand square feet, and any
lot less than fifteen thousand square feet shall not have more than two guest bedrooms. In the
RA, FA and A districts, the minimum lot size for a bed and breakfast establishment with three
to five guest bedrooms shall be the minimum lot size specified for the applicable zoning
district.
(6) The maximum number of guests permitted within a bed and breakfast
establishment at any one time shall be ten.
(7) Only breakfast meals may be offered to guests. The serving of breakfast
for a fee to individuals other than registered guests shall be prohibited. Abed and breakfast
establishment shall not operate as a food service establishment, unless a food service
establishment (i.e. a restaurant) is listed as a permitted use within the zoning district.
(8) One paved (with concrete, asphalt concrete surface or chip-seal) off-street
parking stall shall be provided for each guest bedroom, in addition to the required stall(s) for
the dwelling unit; provided that in the RS, RA, FA and A districts paved parking stalls shall
not be required as long as the material used for the parking stalls will eliminate erosion, mud
and standing water within the parking stall area.
(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.
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DRAFT 6-11/98
(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.
(e) Any bed and breakfast establishment existing as of the date of adoption of this
section, which conforms to the standards contained in section 25-4-7(b), 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 September 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 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 conforming to the standards of
section 25-4-7(b) 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 provisions to the contrary contained in this section.
Section 25-4-8. Temporary real estate offices and model homes.
(a) Temporary real estate offices for new developments shall be permitted in all
districts except for the A, IA and O districts, and model homes for new developments shall be
permitted in all districts except for the A, IA, MCX, ML, MG and O districts, provided that
final subdivision approval of the development has been granted by the director and plan
approval for any temporary real estate office and/or model home is secured from the director
prior to the establishment of such use.
(b) A temporary real estate office and model home shall also be subject to the
following conditions:
(1) The development in which the temporary real estate office and/or model
home is proposed to be situated must consist of six or more lots and/or units.
ZONING CODE REVISION
54 DRAFT 8-11/96
(2) The temporary real estate office and/or model home shall not be used for a
period longer than twenty-four months from the date of plan approval by the director;
provided that extensions may be granted by the director.
(3) If the temporary real estate office is established in a structure not otherwise
permitted in the particular zoning district, the structure shall be removed co-terminus with the
expiration of the temporary real estate office use.
(4) The temporary real estate office and/or model home shall be used
exclusively for marketing of lots and/or units located within the development in which it is to
be located. In multi-phased developments, a temporary real estate office or model home may
be allowed for each development phase for a period not to exceed twenty-four months. Time
extensions may be granted by the director.
(5) Parking for the temporary real estate office use shall be based on a
minimum of one parking stall for each employee and a minimum of one parking stall for each
four hundred square feet of gross floor area. The parking requirement may be satisfied
off-site, provided that approval is secured from the director.
(6) The temporary real estate office and/or model home shall comply with the
minnnum setback and height requirements of the particular zoning district.
Section 25-4-9. Guest houses. One guest house may only be established on a
building site that is at least seven thousand five hundred square feet in area. A guest house
shall not exceed five hundred square feet in gross floor area, shall not be more than twenty
feet in height, and shall not have a kitchen.
Section 25-4-10. Mobile dwellings.
All mobile dwellings shall conform to the County building code (chapter 5 of this
code), and the public health housing code (chapter 2 of the state public health regulations),
except:
(1) When parked in a licensed mobile home park; or
(2) When occupied for dwelling or sleeping purposes outside of a licensed
mobile home park for less than thirty days in any one location.
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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 and its use 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:
(1) Freestanding antennas and towers shall be set back from every property line
a minimum of one foot for every five feet of antenna or tower height.
(2) Telecommunication antennas and towers supported by guy wires shall be set
back from every property line a minimum of one foot for every one foot of antenna or tower
height.
(c) The tower, together with the initial antennas and other equipment proposed to be
installed thereon, shall have a hazd survivability for sustained winds of at least one hundred mile
per hour.
Section 25-4-13. Home occupations.
(a) A home occupation shall be permitted as incidental and subordinate to the use of a
dwelling in any district in which a dwelling is located, provided that the home occupation does
not change the chazacter and external appeazance of the dwelling.
(b) All home occupations shall comply with the following standards:
(1) The home occupation shall be conducted either entirely within the dwelling
or, if outside the dwelling, the activity shall be screened from public view.
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56 DRAFT 6-11/96
(2) No exterior signs, symbols, displays or advertisements relating to the home
occupation shall be displayed, nor shall any interior signs be visible from the public view.
(3) Any materials, supplies or products relating to the home occupation which aze
stored outside of the dwelling or other fully enclosed building shall be screened from the public
view.
(4) Articles sold on the premises shall be limited to those produced by the home
occupation, or to instructional materials pertinent to the home occupation, or to services provided
by the home occupation.
(5) Only one employee shall be penmitted in addition to household members
under the home occupation.
(6) A minimum of one pazking space shall be provided on the building site in
addition to parking required for the dwelling use or other permitted uses if the home occupation
involves customer or client visits or meetings. The director may require additional parking
spaces where the director finds that such additional pazking spaces may be reasonably necessary
to avoid off-site or inappropriate pazking locations. Any resident of amultiple-family dwelling
may fulfill the parking requirement by the use of guest pazking with the written approval of the
building owner, manager or condominium association.
(c) A person desiring to engage in a home occupation that involves any of the following
activities, shall file with the director, a declaration in the form designated by the director,
verifying that the home occupation will comply with all of the conditions contained in subsection
(b) and will not involve any of the activities listed under subsection (e):
(1) Frequent customer or client visits;
(2) Frequent deliveries or pickups;
(3) Storage of materials, supplies or products related to the home occupation
outside of the dwelling or other fully enclosed building;
(4) Activities conducted outside of the dwelling; or
(5) Group instruction.
(d) A special permit shall be obtained for any home occupation on a building site that is
situated within either the state land use rural or agricultural district.
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57 DRAFT fi-11/96
(e) The following activities shall not be permitted as home occupations:
(1) Contractor storage yazds, including without limitation, the storage, use, repair
or fabrication of equipment designed or intended for use in land excavation or in the construction
of buildings or other structures or other similaz heavy equipment.
(2) Repair, fabrication or painting of automobiles or other motorized vehicles,
except those owned by household members and which are not sold or made available for sale
within one yeaz of such activity regazding any particulaz vehicle.
(3) Care, treatment or boazding of animals in exchange for money, goods,
services or other consideration.
(4) Any activities and uses which are only permitted in industrial districts.
(f) Any home occupation existing as of the date of adoption of this section which
involves any of the activities listed under subsection (c) may continue as anon-conforming use
until September 30, 1997, at which time any such continued use without the filing of a
declaration, as provided under subsection (c) shall be considered illegal under this chapter. Prior
to September 30, 1997, any person may file a declaration for any home occupation existing as of
the date of adoption of this section which involves any of the activities listed under subsection
(c), and upon the filing of such declaration, the use shall be considered a permitted use.
Section 25-4-14. Flag lots. A flag lot shall be permitted when sufficient street
frontage is not available for more than one building site, provided the following conditions are
met:
(1) The access drive connecting the building site with the street shall have a
minimum width of fifteen feet.
(2) The access drive shall be the sole access for only one building site, unless
duel access is approved by the director after consultation with the chief engineer.
(3) The building site azea, including the access drive, shall be the minimum
building site area required for the zoning district.
(4) The minimum yards for a flag lot, excluding the access drive, shall be the
minimum side yards required for a building site in the applicable zoning district.
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58 DRAFT fi-11/96
Division 2. Heights
Section 25-4-20. Height; general rules.
(a) No building or structure hereafter erected shall exceed the established zoning
district height limit, except as hereinafter permitted or otherwise regulated.
(b) If any existing structure exceeds the established zoning district height limits, it
shall not be further increased in height.
Section 25-4-21. Basements and underground structures.
In all districts, any number of floors below ground may be permitted.
Section 25-4-22. Exemptions from height limitations.
The following structures are exempt from zoning district height limits under the
specified restrictions:
(a) Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag
poles, vent pipes, fans, structures housing or screening elevator machinery and other similar
features, not to exceed ten feet above the governing height limit.
(b) Safety railings not to exceed forty-two inches above the governing height limit.
(c) Utility poles and lines and telecommunication antennas not to exceed five hundred
feet from existing grade.
(d) One antenna for an amateur radio station operation per building site, not to exceed
ninety feet above existing grade.
(e) Wind machines, where permitted, provided that each machine shall be set back
from all property lines one foot for each foot of height, measured from the highest vertical
extension of the system.
(f) Any energy savings device, including heat pumps and solar collectors, not to
exceed eight feet above the governing height limit.
(g) Non-residential agricultural structures in the A and IA districts, not to exceed one
hundred feet, as approved by the director upon finding that the additional height above forty-
five feet is necessary.
Section 25-423. Accessory structure height limitations. An accessory structure
shall not exceed twenty feet in height, unless otherwise specified in this chapter.
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59 DRAFT 6-11/98
Division 3. Street Frontage, Lot Areas and Widths
Section 25-4-30. Minimum street frontage. The following minimum street frontage
standards apply to every building site:
(a) Fifty percent of the required building site average width for any building site in a
zoning district providing for a minimum building site of one acre or less, except for flag lots,
any building site located at the end of a cul de sac, and any building site where the access to
the building site is by means of a roadway easement.
(b) One hundred feet for any building site in a zoning district providing for a minimum
building site of over one acre, except for flag lots, any building site located at the end of a cul
de sac, and any building site where the access to the building site is by means of a roadway
easement.
(c) The width of the pole or fifteen feet for any flag lot.
(d) Fifteen feet for any building site located at the end of a cul de sac.
(e) No street frontage shall be required for any building site where access to the
building site is by means of a roadway easement.
Section 25-4-31. Minimum building site area; minimum average width.
(a) Unless otherwise specified in this chapter, each main building must be located on a
building site having not less than the established zoning district minimum building site area.
(b) Any building site which has less area or width than that required by the established
zoning district, may be used as a legal building site; provided that the owner of the building
site owns no adjoining property at the same time.
(c) A building site shall be deemed to conform to the requirements for building site
average width if any portion of the building site considered separately has the minimum
building site area with the minimum average width.
Section 25-4-32. Reduction of building site below minimum area.
(a) A building site may not be reduced below the established zoning district minimum
building site area, and an existing building site, which is below the minimum building site
area, may not be further reduced in area, except as provided under section 25-3-5.
(b) Any legal building site reduced in area or average width by not more than twenty
percent, by reason of the establishment of future width lines or plan lines for future streets or
ZONING CODE REVISION
6~ DRAFT 8-11/96
by the acquisition by a public agency for public purposes, shall be deemed to be a legal
building site as to the remainder of the building site.
Section 25-4-33. Effect of delinquent tax sale; recordation of land. Any parcel of
land that is not otherwise a legal building site does not become a legal building site by virtue
of being sold at a delinquent tax sale, or by reason of recordation of the parcel of land at the
state bureau of conveyances.
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 25-4-40. General requirements for yards and open space.
(a) On every building site, yards of the minimum width or depth as specified for the
established zoning district shall be maintained open and unobstructed from the ground up,
except as specified in sections 25-4-40 through 25-4-47.
(b) No required yard or open space may fulfill the requirement for more than one
building, building site, or use.
(c) A building site shall have a front yard wherever it has a street frontage, except
where the option of either a front or rear yard is allowed in CV and CG districts.
(d) In CV and CG districts, where the building site is bounded by two or more streets,
a minimum of one front yard shall be required. Its location shall be determined by taking into
account the relationship and impact of the development to the adjoining streets.
(e) Unless otherwise specified, yards, open spaces, and distances shall be measured
horizontally.
Section 25-4-41. Triangular or irregular building sites.
(a) On any triangular shaped building site, the rear yard shall be measured from the
point most nearly opposite the street line and in the same manner as for a corner building site.
(b) In the event a building site is so irregular in shape that it is impossible to establish
side and rear yards, the director shall view the relationship between the building site and
surrounding property and shall specify the required yards.
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61 DRAFT 8-11/96
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Section 25-4-42. Corner building sites.
(a) On any corner building site, the interior lines shall be side lot lines and all rear
yard regulations shall be inapplicable.
(b) On any corner building site in all zoning districts except in the CN district, within
the area of a triangle formed by the street lines of such building site (ignoring any corner
radius), and a line drawn between points on such street lines twenty-five feet from the
intersection thereof, no fence, wall, hedge, or building shall be higher than three feet nor shall
there be any obstruction to vision other that a post, column, tree trunk clear of branches or
foliage, between the height of three feet and eight feet above the level of the street or the level
of the point of intersection if the streets aze 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 allows "see-through" visibility is permitted to a height of
eight feet without any front, side, or reaz yard requirements.
(b) No fence, wall, architectural feature, or other obstruction shall be placed or be
without gates or openings so as to prohibit complete access around any main building at all
times.
(c) Any accessory structure, including any fence, or wall over six feet in height,
architectural feature or water tank, which is not connected to a building, may not extend into
any required front, side or rear yard, but may be located next to any building without any
open space requirement.
Section 25-4-44. Permitted projections into yards and open spaces.
(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills,
frames, beam ends, cornices, canopies, porches, balconies, terraces, fire escapes, stairs,
ramps, above-grade pools and other similar features may extend four feet into any required
yard or open space that is less than ten feet, five feet when required yard or space is from ten
up to fifteen feet, and six feet when required yard is over fifteen feet; provided that:
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62 DRAFT a-11/98
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp
or other similar feature shall be enclosed above or below the extension except that there may
be individual posts or beams for support and open or grill type railings no higher than four
feet; and
(2) No chimney may extend more than two feet into any yard.
(3) No above-grade pool may extend into any required front, side or rear yard if
the pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building.
Section 25-4-45. Projection of pone-cocheres. An attractively designed porte-
cochere may extend any distance into a front yard as a protection for arriving motorists and
pedestrians.
Section 25-4-46. Projection of pools. A pool constructed at-grade may extend any
distance into a required yard or open space.
Section 25-4-47. Minimum distance between main buildings on same building site.
Unless otherwise specified, the minimum distance between main buildings on the same
building site shall be fifteen feet, measured between the walls of the two buildings.
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 shall be as follows:
(1) Bed and breakfast establishments: one for each guest bedroom, in addition
to one for the dwelling unit.
(2) Bowling alleys: four for each alley.
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63 DRAFT a-11 /96
(3) Commercial uses, including retail and office uses in RCX, CN, CG, CV
MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor
area.
(4) Day care centers: one for each ten care recipients of design capacity or
one for every two hundred square feet of gross floor area, whichever is greater.
(5) Dwellings, multiple-family: one and one quarter for each unit.
(6) Dwellings, single-family and double-family or duplex: two for each
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: one for every two units.
(11) Industrial uses in ML MG, MCX, RA, FA, 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 are designed to accommodate when used to the maximum
capacity.
(14) Meeting facilities, including churches: one for each seventy-five square
feet of gross floor area.
(15) Nursing homes, convalescent homes, rest homes and homes for the
elderly: one for every two beds.
(16) Parks: as determined by the director.
(17) Recreation facilities, outdoor or indoor, other than herein specified: one
for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis
or similar activities).
(18) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
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64 DRnFr a-i Free
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(19) Schools (elementary and intermediate): one for each twenty students of
design capacity, plus one for each four hundred square feet of office floor space.
(20) Schools (high, language, vocational, business, technical and trade,
college): one for each ten students of design capacity, plus one for each four hundred square
feet of office floor space.
(21) Sports arenas, auditoriums, theaters, assembly halls: one for every four
seats.
(22) Swimming pools (community): one for each forty square feet of pool
area.
(23) Warehouse and bulk storage establishments where there is no trade or
retail traffic: one for each one thousand square feet of gross floor area.
(b) No additional parking is required for any change of use in a building as long as the
previous use of the building had the required number of parking stalls for that use; provided,
that additional parking may be required for a change of use in any building where the building
is converted from residential to commercial use or from warehouse and manufacturing use to
retail or commercial use.
(c) Where uses and activities do not occur simultaneously, parking space requirements
may be shared, provided that:
(1) The utilization of the combined parking is shown to the satisfaction of the
director to be noncompeting as to time of use;
(2) The number of parking spaces is based on the largest parking requirement
of those respective facilities;
(3) The parking areas are not more than one thousand feet from any of the
buildings housing the activities; and
(4) The parking areas are encumbered for that use for the life of the facilities
being served.
Section 25-4-52. Method of determining number of parking spaces.
(a) When computation of required parking spaces results in a fractional number, the
number of spaces required shall be the next highest whole number.
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65 DRAFT 8-11/98
(b) In stadiums, sports arenas, meeting facilities, and other places of assembly in
which patrons or spectators occupy benches, pews or other similar seating facilities, each
twenty-four inches of width shall be counted as a seat for the purpose of determining
requirements for off-street parking.
(c) If bicycle parking stalls are constructed on any building site, the total number of
required parking spaces shall be reduced by one parking space for every five bicycle parking
stalls constructed.
(d) At least sixty-seven percent of the required parking shall be standard sized parking
spaces, and thirty-three percent may be compact spaces.
(e) The director may increase the required number of parking spaces for any use
during plan approval if the director reviews the proposed use and its impact to the immediate
area and finds that the increase will further the public safety, convenience and welfare.
(f) If there is any doubt as to the requirements for off-street parking for any use not
specifically mentioned or for any other reason, the director shall determine the required
number of parking spaces for such use.
Section 25-4-53. Minimtun dimensions of parking spaces.
(a) Standard-sized automobile parking spaces shall be at least eighteen feet in length
and eight feet six inches in width, with curbside parallel spaces at least twenty-two feet in
length.
(b) Compact spaces shall be at least sixteen feet in length and seven feet six inches in
width, with curbside parallel spaces at least eighteen feet in length.
(c) Minimum aisle widths for parking bays shall be provided in accordance with the
following:
Angle of Parking to Curb Minimum Width
to 0° (parallel) 12'
to 45 ° 14'
to 60° 18'
to 90° (perpendicular) 24'
(d) Parking spaces may have a three foot unpaved car overhang area.
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66 DRnFr e-~ vas
Section 25-4-54. Standards and improvements to off-street parking spaces.
(a) All parking spaces shall be arranged so as to be individually accessible.
(b) Except for one duplex dwelling or two single-family dwellings on any single
building site, access to any individual parking space shall not be directly from or to a street
but must be reached from an on-site access driveway of proper design and width to allow for
passage of vehicles and necessary turning movements.
(c) In V, CN, CG, CV, MCX, ML, MG, RD, RM and RCX districts, parking spaces
shall be paved.
(d) For any permitted use in the RS, RA, FA, A or IA districts, the pavement of
parking spaces is not required, and any material may be used for the parking spaces that will
eliminate erosion, mud and standing water.
(e) For any parking space containing a building column, that column may intrude six
inches into the required width, provided that the building column shall not be located at the
entry of the parking space. A wall shall not be considered a building column.
Section 25-4-55. Parking for persons with disabilities.
(a) An accessible building site shall have at least one accessible route within the
boundaries of the building site from public transportation stops, accessible parking spaces,
passenger loading zones if provided, and public streets or sidewalks, to an accessible building
entrance. The accessible route shall connect a clear path of travel, a minimum clear width of
thirty-six inches, to accessible buildings, accessible facilities, accessible elements, and
accessible parking spaces on the building site in compliance with the County code, chapter 5.
(b) If parking spaces are provided for self-parking by employees or visitors, or both,
then accessible spaces shall be provided in each such parking area in conformance with the
table below. Spaces required by the table need not be provided in the particular parking area
and may be provided in a different location if equivalent or greater accessibility, in terms of
distance from an accessible entrance is ensured.
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Total Parking On Building Site & Required Minimum Number of Accessible Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus one for each hundred over one thousand. Additional parking
requirements for medical, health care facilities and treatment facilities for persons with
disabilities.
(1) Accessible parking spaces for sedans shall be ninety-six inches wide by two
hundred sixteen inches deep with a sixty inch wide access aisle. Accessible parking spaces for
vans shall be one hundred eight inches wide by two hundred sixteen inches deep, with a
ninety-six inch wide access aisle.
(2) Parking access aisles shall be part of an accessible route to the building or
facility entrance. Two accessible parking spaces may share a common access aisle. Parked
vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and
access aisles shall be level with surface slopes not exceeding 1:50 (two percent) in all
directions.
(3) Provisions of all required parking spaces in conformance with "Universal
Parking Design" is permitted. Universal parking stalls shall be one hundred thirty-two inches
wide by two hundred sixteen inches deep with a sixty inch wide access aisle.
(c) Van Access. One in every eight accessible spaces as per above (1), but not less
than one, shall be served by an access aisle ninety-six inches wide minunum and shall be
designated "van accessible" . The vertical clearance of ninety-eight inches at such spaces shall
be provided at the parking space and along at least one vehicle access route to such spaces
from site entrance(s) and exit(s). All such spaces may be grouped on one level of a parking
structure.
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68 DRAFT a-11 /98
_
_
(d) Passenger loading zones. If passenger loading zones are provided, then at least
one passenger loading zone shall be provided. Passenger loading zones shall provide an
access aisle at least sixty inches wide and two hundred forty inches long adjacent and parallel
to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-
up space, then a curb ramp shall be provided. Vehicle standing spaces and access aisles shall
be level with surface slopes not exceeding 1:50 (two percent) in all directions. Vertical
clearance of one hundred fourteen inches at accessible passenger loading zones and along at
least one vehicle access route to such areas from site entrance(s) and exit(s) shall be provided.
(e) At facilities providing medical care, parking spaces shall be provided:
(1) Outpatient units and facilities: ten percent of the total number of parking
spaces provided serving each such outpatient unit or facility;
(2) Units and facilities that specialize in treatment or services for persons with
mobility impairments: twenty percent of the total number of parking spaces provided serving
each such unit or facility.
(f) Valet parking facilities shall provide a passenger loading zone located on an
accessible route to the entrance of the facility, except where valet pazking only is used for all
parking required by that facility.
(g) Signage. Accessible parking spaces shall be designated as reserved by a sign
showing the symbol of accessibility. Spaces shall have an additional sign "Van-Accessible"
mounted below the symbol of accessibility. Such signs shall be located so the bottom edges of
the sign is eighty inches minimum above the finish surface of the accessible parking stalls.
Signs which designate parking spaces shall be a minimum twelve inches by twelve inches with
eight inches high ISA (International Symbol of Accessibility) symbol. The construction of the
sign shall be .080 inch minimum thickness, aluminum sheet mounted on three inch squaze
telespar tubing or approved equal.
(h) In the event that the Americans with Disabilities Act ("ADA") requires more
stringent pazking standazds for persons with disabilities than those contained in this section, the
requirements of ADA shall be followed.
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69 DRAFT 6-11/96
Section 25-4-56. Off-street loading requirements. Off-street loading requirements
shall apply to all buildings having a gross floor area of at least five thousand square feet,
except for single-family residential units, in all zoning districts. The minimum number of off-
street loading spaces shall be as follows:
Loading Space
Use or Use Category Floor Area in Square Feet Requirements
1. Commercial and industrial 5,000 - 10,000 1
uses, including retail and 10,001 - 20,000 2
wholesale operations, eating 20,001 - 30,000 3
and drinking establishments, 30,001 - 40,000 4
business services, personal 40,001 - 60,000 5
services, repair, Each additiona150,000 or 1
manufacturing and self major fraction thereof
storage facilities, but
excluding offices,
2. Hotels, hospital or similar 5,000 - 10,000 1
institutions, and places of 10,001 - 50,000 2
public assembly 50,001 - 100,000 3
Each additional 100,000 or 1
major fraction thereof
3. Offices or office buildings 20,000 - 50,000 1
50,001 - 100,000 2
Each additional 100,000 or 1
major fraction thereof
4. Multi-family dwellings Number of Units
20 - 150 1
151 - 300 2
Each additiona1200 or major 1
fraction thereof
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
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70 DRAFT 6-11/96
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 five thousand square feet, the horizontal dimensions of the loading space shall be ten feet
wide and twenty-two feet long, and the vertical clearance shall be at least fourteen feet.
(b) When only one loading space is required and the total gross floor area is more than
five thousand square feet, the horizontal dimensions of the loading space shall be twelve feet
wide and fifty feet long, and the vertical clearance shall be at least fourteen feet.
(c) When more than one loading space is required or the total gross floor area is more
than five thousand square feet, the minunum horizontal dimension of at least half of the
required loading spaces shall be twelve feet wide and fifty feet long, and the vertical clearance
shall be at least fourteen feet. The balance of the required loading spaces may have horizontal
dimensions of ten feet wide and twenty-two feet long.
(d) The required apron space, or area provided for maneuvering trucks into or out of
loading position, shall be forty-six feet if the loading space width is ten feet, forty-three feet if
the loading space width is twelve feet, and thirty-nine feet if the loading space with is fourteen
feet.
Section 25-459. Location and improvement of loading spaces.
(a) All required loading spaces shall be located on the building site to which they are
appurtenant. No loading spaces shall be permitted within any street or alley.
(b) Each required loading space shall be identified as such and shall be reserved for
loading purposes.
(c) No loading space shall occupy required off-street parking space or restrict access.
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71 DRAFT 6-11/98
(d) Access to any loading space shall not be directly from or to a street but must be
reached from an on-site access driveway of proper design and width to allow for passage of
trucks and necessary turning movements.
(e) All loading spaces and apron spaces or maneuvering areas shall be paved.
Section 25-4-59.1. Director determination of parking and loading requirements.
(a) The director may increase any of the requirements in this chapter for parking
spaces and loading spaces, after reviewing the proposed use and the use's impact to the
immediate area, if the director makes a finding that the increase will further the public safety,
convenience, and welfare.
(b) In case there is any doubt as to the requirements for parking or loading spaces for
any use not specifically mentioned, or for any other reason, the director shall make such
determination.
Section 25-4-59.2. Exceptions to the off-street parking and loading requirements.
The off-street parking and loading requirements of this chapter shall not apply to the
following:
(a) That area in the City of Hilo, bounded by Kinoole Street, Ponahawai Street, an
imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River.
(b) That area immediately fronting either side of that portion of the Hawaii Belt
Highway which run from the real property designated as tax map key no: 7-9-7-66 to the real
property designated as tax map key no: 7-9-9:22, in Kainaliu, North Kona.
Section 25-4-59.3. Landscaping and screening for parking lots and loading spaces.
(a) To provide shade in open parking lots and minimize visibility of paved surfaces,
parking lots with more than ten parking stalls shall provide one canopy form tree with a
minimum of two-inch caliper for every nine parking stalls or major fraction thereof and having
a planting area or tree well no less than twenty square feet in area, or one canopy form tree of
six-inch caliper or more for every eighteen parking stalls or major fraction thereof and having
a planting area or tree well no less than thirty square feet in area. If wheel stops are provided,
continuous planting areas with low ground cover, and tree wells with trees centered at the
corner of parking stalls may be located within the three-foot overhang space of parking stalls.
Hedges and other landscape elements, including planter boxes over six inches in height, are
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72 DRAFT 8-11 /96
not permitted within the overhang space of the parking stalls. Trees shall be sited so as to
evenly distribute shade throughout the parking lot.
(b) Parking lots of five or more spaces shall be screened from adjoining lots in RS,
RD, RM, RCX or RA districts by walls, continuous screening hedges, or earth berms a
minimum of forty-two inches high on the abutting property line.
(c) All loading spaces shall be screened from adjoining lots in RS, RD, RM, RCX or
RA districts by a wall six feet in height.
(d) Xeriscape and native Hawaiian plant species shall be encouraged.
(e) All landscaping shall be maintained by the property owner.
Division 6. Nonconforming Uses and Buildings
Section 25-4-60. Nonconforming buildings; maintenance and repair.
(a) Any nonconforming building, except as otherwise regulated, may be repaired,
maintained, or 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 County building code for
reconstruction and repair of nonconforming buildings.
Section 25-4-61. Continuance of nonconforming uses of land and buildings.
(a) Any nonconforming use of land or use of a building may continue to the extent it
existed at the time of adoption of this chapter or any amendments hereto, provided that a
nonconforming use may be enlarged within the building it occupies, but shall not be enlarged
or increased to occupy a greater area of land, nor shall it or the portion of the building housing
it be moved in whole or in part to any other portion of the building site occupied by such
non-conforming use,,
(b) Public buildings, public or private power and telephone facilities including offices
and plants existing prior to May 24, 1967 may be enlarged or increased to occupy a greater
area of land or building, notwithstanding the limitations contained in this section.
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Section 25-4-62. Abandonment of nonconforming use. If any nonconforming use
ceases for any reason for a continuous period of twelve calendar months, or for one season if
the use be seasonal, then such use shall not be resumed and any use of the land or building or
both thereafter shall be in full conformity with the provisions of this chapter.
Section 25-4-63. Destruction of building with nonconforming use. If the portion of
any building within which a nonconforming use is conducted should be destroyed or damaged
by any means to an extent equivalent to at least fifty percent of its replacement value,
exclusive of foundations, then such damaged or destroyed portion may not be restored unless
the use of the building is changed to a conforming use; but if the damage or destruction is less
than fifty percent of its replacement value, exclusive of foundation, then the building may be
restored and such use may be resumed as it existed, provided that such restoration shall be
completed within one year from the date of such damage or destruction. The department of
public works shall determine the extent of damage to determine whether the building may be
restored and resume its existing nonconforming use.
Section 25-4-64. Maintenance of building with nonconforming use. Any building
within which a nonconforming use is conducted may be maintained and repaired to the extent
necessary to keep it in sound condition provided the work shall not exceed twenty-five percent
of the current replacement value of such building in any one calendar year as determined by
the department of public works.
Section 25-4-65. Expansion of nonconforming use; changes to building with
nonconforming use. If a use of a building is nonconforming because of a particular
requirement of the district within which it is located (e.g., parking, yards, height, distance
between buildings), then the use may be enlarged and the building may be changed or added
to, provided such enlargement, change or addition is itself in full compliance with the district
regulations.
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Article 5. Zoning District Regulations
Division 1. RS, Single-Family Residential Districts
Section 25-5-1. Purpose and applicability. The RS (single-family residential) district
provides for lower or low and medium density residential use, for urban and suburban family
life. It applies to areas having facilities, and to carry out the above stated purpose.
Section 25-5-2. Designation of RS districts. Each RS (single-family residential)
district shall be designated on the zoning map by the symbol "RS" followed by a number
which specifies the required minimum building site area in thousands of square feet.
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Telecommunication antennas, as permitted under section 25-4-12.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RS district, provided that a use permit is issued for each use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
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75 DRAFT 6-11/96
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Major outdoor amusement and recreation facilities
(9) Mortuaries.
(10) Schools.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
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 feet.
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 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.
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76 DRAFT 6-11/98
(2) On a building site with a required area of ten thousand square feet to and
including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet for a one story building, plus one additional foot
for each additional story.
(3) On a building site 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 site in an RS
district provided there is not less than the required minimum building site area for each
dwelling.
(b) One guest house, in addition to asingle-family dwelling, may be located on any
building site in the RS district.
(c) An ohana dwelling may be located on any building site in the RS district, as
permitted under article 6, division 3 of this chapter.
(d) If a legal building site in the RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in the RS district
having the largest requirements for which the building site can comply.
(e) Exceptions to the regulations for the RS district regazding heights, building site aeeas,
building site average widths and yazds, may be approved by the director within a planned unit
development, or cluster plan development.
Division 2. RD, Double-Family Residential Districts
Section 25-5-20. Purpose and applicability. The RD (double-family residential)
district provides for moderate density use characterized by the establishment of single or
double-family dwellings on each building site. It applies to areas with developed community
facilities. It may occupy a transitional area between RS districts and those districts having a
more intense use of land.
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77 GRAFT 6-11/98
Section 25-5-21. Designation and density of RD districts. Each RD (double-family
residential district) shall be designated on the zoning map by the symbol "RD" followed by the
number "3.75" which requires that the minimum land area for each dwelling unit shall be three
thousand seven hundred fifty square feet.
Section 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, double-family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Telecommunication antennas, as permitted under section 25-4-12.
(16) Temporary real estate offices, as permitted under section 25-4-8.
(17) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RD district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums.
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78 DRAFT 6-17/98
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities
(8) Mortuaries.
(9) Schools.
(10) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted
under this section shall also be permitted in the RD district.
Section 25-5-23. Height limit. The height limit in the RD district shall be thirty-five
feet.
Section 25-5-24. Minimmn building site area. The minimum building site area in
the 1tD district shall be seven thousand five hundred square feet.
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
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79 DRAFT 6-11 /98
(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 25-5-27. Other regulations.
(a) There may be more than one double-family dwelling or more than two single-
family dwellings or any combination thereof on each building site in the RD district; provided
that the minimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district.
(d) Exceptions to the regulations for the 12D district regazding heights, building site
aeeas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 3. RM, Multiple-Family Residential Districts
Section 25-5-30. Purpose and applicability. The RM (multiple-family residential)
district provides for medium and high density residential use. It covers areas with full
community facilities and services. It may occupy transition areas between commercial or
industrial aeeas and other districts of less intense land use.
Section 25-5-31. Designation and density of RM districts.
(a) Each RM (multiple-family residential) district shall be designated on the zoning
map by the symbol "RM" followed by a number which indicates the required land area, in
thousands of square feet, for each dwelling unit or for each separate rentable unit in the case
of boarding, rooming, or lodging houses, fraternity or sorority houses.
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g~ DRAFT 8-11 /96
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RM district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RM district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand two hundred
square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double-family or duplex.
(9) Dwellings, multiple-family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Telecommunication antennas, as permitted under section 25-4-12.
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81 DRAFT 6-11/96
(19) Temporary real estate offices, as permitted under section 25-4-8.
(20) Time share units situated in any of the following
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort azeas identified by
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
(21) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RM district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums.
(4) Day care centers.
(5) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
(8) Mortuazies.
(9) Schools.
(10) 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) In the City of Hilo, the height limit in the RM district shall be one hundred twenty
feet.
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82 DRAFT 6-11/96
~ _ _ -m-, _
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.
Section 25-5-36. Minimmn yards. Minimum yards in the RM district shall be as
follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one story building, plus an additional two feet
for each additional story.
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
shall 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 main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district.
(d) Exceptions to the regulations for the RM district regazding heights, building site
azeas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 4. RCX, Residential-Commercial Mixed Use Districts
Section 25-5-40. Purpose and applicability. The RCX (residential-commercial
mixed use) district provides for the mixing of some small-scale service type commercial uses
in a district that is primarily residential in character. The intent of this district is to allow a
residential area to have certain convenience type of commercial uses so as to provide more of
a neighborhood chaaacter to the residential area.
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83 DRnFr s-i vss
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 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
(7) Community buildings, as permitted under section 25-4-11.
(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double-family or duplex.
(12) Dwellings, multiple-family.
(13) Dwellings, single-family.
(14) Family child care homes.
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84 DRAFT 6-11/98
(15) Group living facilities.
(16) Home occupations, as permitted under section 25-4-13.
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes, as permitted under section 25-4-8.
(20) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(21) Public uses and structures, as permitted under section 25-4-11.
(22) Restaurants.
(23) Schools.
(24) Telecommunication antennas, as permitted under section 25-4-12.
(25) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the RCX district, provided that a use permit is issued for each use:
(1) Care homes.
(2) Crematoriums.
(3) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the above uses shall
also be permitted in the RCX district.
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 area in
the RCX district shall be seven thousand five hundred square feet.
Section 25-5-45. Minimum building site average width. Each building site in the
RCX district shall have a minimum average width of sixty feet.
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85 DRAFT 6-11/96
Section 25-5-46. Minimum yards. Minimum yards in the RCX district shall be as
follows:
(1) Front and rear yards: twenty feet; and
(2) Side yards, eight feet for a one story building, plus an additional two feet
for each additional story.
Section 25-5-47. Landscaping. Landscaping shall be provided on a minimum of
twenty percent of the total land area of any building site in the RCX district. Parking areas
shall not be included within the area required for landscaping on any building site.
Section 25-5-48. Commercial use restrictions.
(a) Where commercial uses are integrated with residential uses in the RCX district,
pedestrian access to the dwelling shall be independent from other uses and shall be designed to
enhance privacy for residents.
(b) No floor of any building in the RCX district shall be used for both dwelling and
commercial purposes.
Section 25-5-49. Other regulations.
(a) There may be more than one main building on any building site in the RCX
district.
(b) Distance between main 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.
(d) Exceptions to the regulations for the RCX district regarding heights, building site
azeas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 5. RA, Residential and Agricultural Districts
Section 25-5-50. Purpose and applicability. The RA (residential and agricultural)
district provides for activities or uses characterized by low density residential lots in rural
azeas where "city-like concentrations of people, structures, streets, and urban level of services
are absent, and where small farms are intermixed with low density residential lots. The RA
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g6 DRAFT a-11 /96
district is intended to be only within azeas designated as being in the state land use rural or
urban districts.
Section 25-5-51. Designation of liA districts. Each RA (residential and agricultural)
district shall be designated on the zoning map by the symbol "12A" 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 building site.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this code.
(7) Crop production.
(8) Dwelling, single-family, one per building site.
(9) Family child care homes.
(10) Group living facilities.
(11) Kennels, provided that the building site is a minimum of five acres in area
and the structures are located at least one hundred feet away from any lot line.
(12) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
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87 DRAFT a-11/98
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable,
house, hutch, or other enclosure for the keeping of any permitted animal shall be located at
least seventy-five feet from lot line.
(13) Parks, playgrounds, tennis courts, swimming pools, and other similar
open area recreational facilities.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Roadside stands for the sale of agricultural products grown on the
premises.
(16) Stables, commercial or boarding, provided that the building site is a
minimum of five acres in area and the structures are located at least one hundred feet away
from any lot line.
(17) Telecommunications antennas, as permitted under section 25-4-12.
(18) Utility substations, as permitted under section 25-4-11.
(19) Veterinary establishments.
(b) The following use shall be permitted in the RA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(c) The following uses shall be permitted in the RA district, provided that if a building
site is located within the state land use rural district, the following uses may be permitted if a
special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations, as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
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88 DRAFT a-11/96
(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.
(d) The following uses may be permitted in the RA district, provided that either a use
permit is issued for each use if the building site is within the state land use urban district or a
special permit is issued for each use if the building site is within the state land use rural
district:
(1) Crematoriums.
(2) Churches, temples and synagogues.
(3) Day care centers.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities, includes stadiums,
sports arenas, and other similar open air recreational uses.
(6) Mortuaries.
(7) Schools.
(8) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
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.
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c~9 DRAFT 6-11/96
Section 25-5-56. Minimmn yards. Minimum yards in the RA district shall be as
follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the yard
requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or development which is
used for minor agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district, as
permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regazding heights, building site
aeeas, building site average widths and yazds, may be approved by the director within a planned
unit development pursuant to article 6, division 1 of this chapter.
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability. The FA (Family Agricultural) district
provides for a blend of small-scale agricultural operations associated with residential activities
and which may be characterized by farm estates, small acreage farms, or subsistence lots. The
FA district is intended to be in areas designated as being within the state land use agricultural
district, where public services and infrastructure are appropriate to support the very low
density residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be detrimental to
existing agricultural uses in the surrounding area.
In addition, this district is intended to be primazily comprised of agricultural lands which
are not classified as A or B lands under the land study bureau's master productivity rating, and
classified as prime, unique, or other important agricultural lands. Provided, that this district may
ZONING CODE REVISION
9~ DRAFT 6-11 /96
include lands so classified if the lands aze situated within an urban expansion or other urban
designation under the general plan land use pattern allocation guide (LUPAG) map.
Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district
shall be designated on the zoning map by the symbol "FA" followed by a number and the
lower case letter "a" which indicates the required number of acres for each building site. For
example, FA-la means a residential agricultural district with a minimum building site area of
one acre.
Section 25-5-62 . Permitted uses.
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or
buildings used for such processing, shall be located at least seventy-five feet from any street.
(2) Animal hospitals.
(3) Aquaculture.
(4) Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(5) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and
other similar open area recreational facilities, where none of the recreational features are
entirely enclosed in a building.
(6) Crop production.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(8) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-67(b).
(9) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(10) Game and fish propagation.
(11) Group living facilities.
(12) Kennels.
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91 DRAFT 6-11/98
(13) Livestock, grazing; provided that any feed or water area, salt lick, corral,
run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted
animals shall be located at least seventy-five feet from any lot line.
(14) Public uses and structures, necessary for agricultural practices.
(15) Retention, restoration, rehabilitation, or improvement of buildings or sites
of historic or scenic interest.
j16) Riding academies, and rental or boarding stables.
(17) Roadside stands for the sale of agricultural products grown on the
premises.
(18) Telecommunications antennas, as permitted under section 25-4-12.
(19) Utility substations, as permitted under section 25-4-11.
(20) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock grazing.
(21) Veterinary establishments.
(b) The following use shall be permitted in the FA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(c) The following uses shall be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the state land use
agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25~-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
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92 DRAFT 6-11/96
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the FA district, provided that either a use
permit is issued for each use if the building site is outside of the state land use agricultural
district or a special permit is issued for each use if the building site is within the state land use
agricultural district:
(1) Churches, temples and synagogues.
(2) Day care centers.
(3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(4) Major outdoor amusement and recreation facilities, includes stadiums,
sports arenas, and other similar open air recreational uses.
(5) Mortuaries.
(6) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five
feet for any residential structure, including any single-family dwelling or farm dwelling, and
forty-five feet for all other structures.
Section 25-5-64. Minimum building site area. The minimum building site area in
the FA district shall be one acre. Other FA districts having larger areas may be designated in
increments of one acre up to a recommended maximum of five acres.
Section 25-5-65. Minimum building site average width. Each building site in the
FA district must have a minimum average width of one hundred twenty feet for the initial one
acre of required area plus twenty feet for each additional acre of required area; provided that
no building site shall be required to have an average width greater than three hundred feet.
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yazds in the FA district
shall be thirty feet for front and rear yazds and twenty feet for side yazds.
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93 DRAFT 6-11/96
(b) In the FA district, accessory buildings and enclosures (other than fences under eight
feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the
side and reaz property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more frequently used
machinery and equipment in order to minimize potential lighting, odor, vector and air and water
quality impacts.
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an azea of less than one acre, then the
yard and height requirements for the building site shall be the same as the yazd and height
requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is asingle-family dwelling located on or used in
connection with a farm or if the agricultural activity provides income to the family occupying the
dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building site, any lessee
having a lease on the building site with a term exceeding one yeaz from the date of the farm
dwelling agreement, and the County. The agreement shall require the dwelling to be used for
farm-related purposes.
(2) The applicant shall submit an agricultural development and use program, fazm
plan or other evidence of the applicant's continual agricultural productivity or farming operation
within the County to the director. Such plan shall also show how the farm dwelling will be
utilized for farm-related purposes.
(d) An ohana dwelling may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
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94 DRAFT 6-11/96
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the director within a
planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any additional to an existing structure or development which is
used for minor agricultural products processing.
Division 7. A, Agricultural Districts
Section 25-5-70. Purpose and applicability. The A (agricultural) district provides
for agricultural and very low density agriculturally-based residential use, encompassing rural
areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas
where urbanization is not found to be appropriate.
Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be
designated on the zoning map by the symbol "A" followed by a number together with the
lower case letter "a" which indicates the required or minimum number of acres for each
building site. For example, A-l0a means an agricultural district with a minimum building site
area of ten acres.
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and
other similar open area recreational facilities, where none of the recreational features are
entirely enclosed in a building.
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95 DRAFT 6-11/98
(7) Cemeteries and mausoleums, as permitted under Chapter 6, article 1 of this
code.
(8) Crop production.
(9) Dwelling, one single-family, as permitted under chapter 205, Hawaii
Revised Statutes and as permitted under section 25-5-77(b).
(10) Farm dwellings, as permitted under section 25-5-77(b) and (c).
(11) Fertilizer yards utilizing only manure and soil, for commercial use.
(12) Forestry.
(13) Game and fish propagation.
(14) Group living facilities.
(15) Kennels.
(16) Livestock production, provided that piggeries, apiaries, and pen feeding of
livestock shall only be located on sites approved by the state department of health and the
director, and must be located no closer than one thousand feet away from any major public
street or from any other zoning district.
(17) Public uses and structures which are necessary for agricultural practices.
(18) Retention, restoration, rehabilitation, or improvement of building or sites
of historic or scenic interest.
(19) Riding academies, and rental or boarding stables.
(20) Roadside stands for the sale of agricultural products grown on the
premises.
(21) Telecommunication antennas, as permitted under section 25-4-12.
(22) Utility substations, as permitted under section 25-4-11.
(23) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing and livestock
production.
(24) Veterinary establishments.
(25) Wind energy facilities.
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96 DRAFT 6-11 /96
(b) The following use shall be permitted in the A district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(c) The following uses shall be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the state land use
agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Community buildings, as permitted under section 25-4-11.
(5) Excavation or removal of natural building material or minerals, for
commercial use.
(6) Family child care homes.
(7) Guest ranches.
(8) Home occupations, as permitted under section 25-4-13.
(9) Lodges.
(10) Meeting facilities.
(11) Model homes, as permitted under section 25-4-8.
(12) Public dumps.
(13) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of
land area per trailer, provided that plan approval is secured prior to commencing such use.
(16) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses shall be permitted in the A district, provided that either a use
permit is issued for each use if the building site is outside of the state land use agricultural
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97 DRAFT 6-11 /98
district or a special permit is issued for each use if the building site is within the state land use
agricultural district:
(1) Crematoriums.
(2) Churches, temples and synagogues.
(3) Day care centers.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
(f) No building site shall be established in the A district which shall in any way restrict
or limit the uses permitted under this section.
Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five
feet for any residential structure, including any single-family dwelling, or farm dwelling, and
forty-five feet for all other structures. The director may, however, permit by plan approval,
any 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 Minimum building site area. The minimum building site area in the
A district shall be five acres.
Section 25-5-75. Minimum building site average width. Each building site in the A
district shall have a minimum average width of two hundred feet for the first five acres of
required area plus twenty feet for each additional acre of required area. Provided that no
building site shall be required to have an average width greater than one thousand feet.
Section 25-5-76. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
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98 DRAFT 6-11/98
(b) In the A district, accessory buildings and enclosures (other than fences under eight
feet high) for the shelter and confinement of any livestock shall be at least one hundred feet
from the front property line.
(c) For accessory uses such as saran shade and similar fabric shade structures used in
controlling amount of sunlight in the raising of plants and flowers, side and front yards in the
A district shall be at least ten feet, except where the A district shares common boundaries with
urban zones and main government roads.
(d) For accessory uses such as plastic roofed and saran shade wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other elements of
nature in the raising of fruits, vegetables and similar agricultural products, side and front yards
shall be at least ten feet except where:
(1) Exterior walls of any type other than saran are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
government roads.
Section 25-5-77. Other regulations.
(a) 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 RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the A district. A farm dwelling is asingle-family dwelling that is located on or used in
connection with a farm or if the agricultural activity provides income to the family occupying the
dwelling.
(c) Additional farm dwellings may be permitted in the A district only upon the following
conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepazed by the director, shall be executed between the owner of the building site, any lessee
having a lease on the building site with a term exceeding one yeaz from the date of the farm
ZONING CODE REVISION
99 DRnF savas
dwelling agreement, and the County. The agreement shall require the dwelling to be used for
farm-related purposes.
(2) The applicant shall submit an agricultural development and use program, farm
plan or other evidence of the applicant's continual agricultural productivity or farming operation
within the County to the director. Such plan shall also show how the farm dwelling will be
utilized for farm-related purposes.
(d) An ohana may be located on any building site in the A district, as permitted under
article 6, division 3 of this chapter.
(e) Exceptions to the regulations for the A district regazding heights, building site areas,
building site average widths and yazds, may be approved by the director within a planned unit
development.
Division 8. IA, Intensive Agricultural Districts
Section 25-5-80. Purpose and applicability. The IA (intensive agricultural) district
provides for the preservation of important agricultural lands as provided for in the general plan
and characterized by a mix of small and large scare commercial farms and other agricultural
operations which may include residential use in the form of farm dwellings closely tied to
intensive agricultural use. The lands in the IA district are those lands which have the soil,
quality, growing season, and moisture supply needed to sustain high yields of crops generally
or of specific crops of statewide or local importance when managed according to modern
farming methods. All IA districts shall be located within the state land use agricultural or
conservation district.
Section 25-5-81. Designation of IA districts. The IA (intensive agricultural) district
shall be designated by the symbol "IA" followed by a number together with the lower case
letter "a" which indicates the required or minimum number of acres for each building site.
Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Aquaculture.
100 ZONING C ORAfT 6IS1 98
(4) Cemeteries, as permitted under chapter 6, article 1 of this code.
(5) Crop production.
(6) Farm dwellings, as permitted under section 25-5-87(b) and (c).
(7) Forestry.
(8) Livestock production, provided that piggeries, apiaries and pen feeding of
livestock shall not be closer than one thousand feet to any major road or to any district other
than the A district on building sites approved by the state department of health and the
director.
(9) Public uses and structures which are necessary for agricultural practices.
(10) Telecommunication antennas, as permitted under section 25~-12.
(11) 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) Crematoriums.
(2) Churches.
(3) Community buildings as permitted under section 25-4-11.
(4) Day care centers.
(5) Hospitals.
(6) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
(7) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(c) In IA districts in areas with over thirty percent slope, in gullies, and where rough
terrain discourages intensive agricultural uses, the director may approve any other uses which
are permitted in the RA, FA or A districts.
(d) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the IA district.
(f) No building site shall be established in the IA district which shall in any way restrict
or limit the uses permitted under this section.
101 ZONING C0OD~E ~ 815'096
Section 25-5-83. Height limit. The height limit in the IA district shall be thirty-five
feet for any residential structure, including any farm dwelling, and forty-five feet for all other
structures. The director may, however, permit by plan approval, any 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 25-5-84. Minimmn building site area. The minimum building site area in
the IA district shall be five acres.
Section 25-5-85. Minimmn building site average width. Each building site in the
IA district shall have a minimum average width of two hundred feet for the first five acres of
required area, plus twenty feet for each additional acre of required area. Provided that no
building site shall be required to have an average width greater than one thousand feet.
Section 25-5-86. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards required in the IA
district shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) In the IA district, accessory buildings and enclosures (other than fences under eight
feet high) for the shelter and confinement of any livestock shall be at least one hundred feet
from the front property line.
(c) For accessory uses such as saran shade and similar fabric shade structures used in
controlling amount of sunlight in the raising of plants and flowers, side and front yards in the
IA district shall be at least ten feet, except where the IA district shares common boundaries
with urban zones and main government roads.
(d) For accessory uses such as plastic roofed and saran shade wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other elements of
nature in the raising of fruits, vegetables and similar agricultural products, side and front yards
shall be at least ten feet except where:
(1) Exterior walls of any type other than saran are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The IA district shares common boundaries with urban zones and main
government roads.
1~2 ZONING COOD~E ~ gIS' 96
Section 25-5-87. Other regulations.
(a) If any building site in the IA district has an area of less than five acres, then the
minimum yards shall be the same as the yards in an FA district having an area requirement
nearest to that of the subject building site in the IA district.
(b) One farm dwelling shall be permitted on any building site in the IA district, if it is
located on or used in connection with a farm or if the agricultural activity provides income to
the family occupying the dwelling. In the case where a agricultural activity has not been
established, a farm dwelling agreement shall be entered into with the County to insure that
agricultural activity will be established by the applicant within three years from the date that
the building permit for the farm dwelling is issued.
(c) Additional farm dwellings may be permitted in the IA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building site, any lessee
having a lease on the building site with a term exceeding one year from the date of the farm
dwelling agreement, and the County. The agreement shall require the dwelling to be used for
farm-related purposes.
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant's continual agricultural productivity or farming
operation within the County to the director. Such plan shall also show how the farm dwelling
will be utilized for farm-related purposes.
(d) Exceptions to the regulations for the IA district regarding heights, building site
areas, building site average widths and yards, may be approved by the director within a
planned unit development.
Division 9. V, Resort-Hotel Districts
Section 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
103 ZONING C DRAF Blii 96
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 25-5-91. Designation and density of V districts.
(a) Each V (resort-hotel) district shall be designated on the zoning map by the symbol
"V" followed by a number which indicates the required land area, in thousands of square feet,
for each dwelling unit or for each separate rentable unit in the case of hotels, resorts, inns,
lodges, motels, motor hotels, motor lodges, or other similar rentable units.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the V district.
(c) Maximum density designation in the V district shall be .75 or seven hundred fifty
square feet of land area for each dwelling unit or separate rentable unit.
(d) In the V district, no limitation shall be placed on the increments used between the
various density designations; however, the recommended incremental density designations are:
.75, 1, 1.25, 1.5 and upward in 0.25 increments.
Section 25-5-92. Permitted uses.
(a) The following uses shall be permitted in the V district:
(1) Adult day care homes.
(2) Amusement and recreational facilities, indoor.
(3) Art galleries, museums.
(4) Automobile service stations.
(5) Bars, night clubs and cabarets.
(6) Bed and breakfast establishments, as permitted under section 25-4-7.
(7) Business services.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(9) Churches, temples, and synagogues.
(10) Commercial parking lots and garages.
(11) Community buildings, as permitted under section 25-4-11.
(12) Day care centers.
(13) Dwellings, double-family or duplex.
104 ZONING C DR4FT BIS1 96
(14) Dwellings, multiple-family.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Financial institutions.
(18) Group living facilities.
(19) Home occupations, as permitted under section 25-4-13.
(20) Hotels.
(21) Lodges.
(22) Medical clinics.
(23) Meeting facilities.
(24) Major outdoor amusement and recreation facilities.
(25) Model homes, as permitted under section 25-4-8.
(26) Parks, playgrounds, tennis courts, swimming pools, and other similar
open area recreational facilities.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Restaurants.
(31) Retail establishments.
(32) Telecommunication antennas, as permitted under section 25-4-12.
(33) Temporary real estate offices, as permitted under section 25-4-8.
(34) Theaters.
(35) Time share units.
(36) Utility substations, as permitted under Section 25-4-11.
(37) Visitor information centers.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the V district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
105 ZONING C DRAFT Blst 96
(3) Hospitals, sanitariums, old, age, convalescent, nursing and rest homes.
(4) 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 25-5-93. Height limit.
(a) The height limit in the V district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the V district in the City of Hilo shall be one hundred twenty
feet.
(c) The height limit in the V district at Keauhou Bay and Kahaluu Bay shall be ninety
feet.
Section 25-5-94. Minimum building site area. The minimum building site in the V
district shall be fifteen thousand square feet.
Section 25-5-95. Minimum building site average width. Each building site in the V
district shall have a minimum average width of ninety feet.
Section 25-5-96. Minimum yards.
The minimum yards in the V district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for one story, and an additional two feet for each
additional story.
Section 25-5-97. Landscaping. Landscaping shall be provided on a minimum of
twenty percent of the total land area of any building site in the V district. Parking areas shall
not be included within the area required for landscaping on any building site.
Section 25-5-98. Other regulations.
(a) More than one main building may be situated on any building site in the V district.
(b) The distance between main buildings on one building site in the V district shall be
at least fifteen feet.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the V district.
1t)6 ZONING COCD~ER
BIS196
(d) Exceptions to the regulations for the V district regarding heights, building site areas,
building site average widths and yards, may be approved by the director within a planned unit
development.
Division 10. CN, Neighborhood Commercial Districts
Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial)
district applies to strategically located centers suitable for commercial activities which shall be
of such size and shape as will accommodate a compact shopping center which supplies goods
and services to a residential or working population on a frequent need or convenience basis.
This district is distinguished from a central commercial district which provides general
business and broad services to a city or region.
Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial)
district shall be designated by the symbol "CN" followed by a number which indicates the
minimum land area, in thousands of square feet, required for each building site.
Section 25-5-102. Permitted uses.
(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(2) Automobile service stations
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty square feet of land area per rentable
unit or dwelling unit.
(5) Business services.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(7) Churches, temples and synagogues.
(8) Community buildings, as permitted under section 25-4-11.
(9) Convenience stores.
(10) Crop production.
(11) Day care centers.
107 ZONING C DRAFT 6151 86
(12) Dwellings, double-family or duplex, provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(13) Dwellings, multiple-family, provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(14) Dwellings, single-family.
(15) Family child care homes.
(16) Financial institutions.
(17) Group living facilities.
(18) Home occupations, as permitted under section 25-4-13.
(19) Medical clinics.
(20) Meeting facilities.
(21) Model homes, as permitted under section 25-4-8.
(22) Mortuaries.
(23) Museums.
(24) Neighborhood parks, playgrounds, tennis courts,'swimming pools, and
similar neighborhood recreational areas and uses.
(25) Offices.
(26) Open air markets.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Repair establishments, minor.
(31) Restaurants.
(32) Retail establishments.
(33) Schools.
(34) Telecommunication antennas, as permitted under section 25-4-12.
(35) Theaters.
(36) Utility substations as permitted under Section 25-4-11.
108 ZONING COOD~E RT 61S~O~N
(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) Crematoriums.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the CN district.
Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet.
Section 25-5-104. Minimum building site area. The minimum building site area in
the CN district shall be seven thousand five hundred square feet.
Section 25-5-105. Minimmn building site average width. Each building site in the
CN district shall have a minimum average width of sixty feet.
Section 25-5-106. Minimum yards. The minimum yards in the CN district shall be
as follows:
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in 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 25-5-107. Landscaping of yards.
(a) All front yards in the CN district shall be landscaped, except for necessary access
drives and walkways.
(b) Where any required side or rear yard in the CN district adjoins a building site 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. Other regulations.
(a) In conjunction with plan approval, the director may require the construction of a
continuous eave overhanging the front property line in the CN district. The director may also
require that the eave be of similar height and design in any one block of the CN district.
(b) Plan approval shall be required for all new structures and additions to existing
structures in the CN district.
1~9 ZONING COOD~E RR
BISi 86
_.a~ .
_ ~.r,.... _ _
(c) Exceptions to the regulations for the CN district regarding heights, building site
areas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 11. CG, General Commercial Districts
Section 25-5-110. Purpose and applicability.
(a) The CG (general commercial) district applies to an area suitable for commercial
uses and services on a broad basis to serve as the central shopping or principal downtown area
for a city or a region.
(b) No CG district shall be established until there is a demonstrated need for such
action and no two CG districts shall be established in such relationship to each other that they
cannot act as one center and yet are too close together to serve two distinct regions.
Section 25-5-111. Designation of CG districts. Each CG (general commercial)
district shall be designated by the symbol "CG" followed by a number which indicates the
minimum land area, in thousands of square feet, required for each building site.
Section 25-5-112. Permitted uses.
(a) The following uses shall be permitted uses in the CG district:
(1) Adult day Gaze homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars, nightclubs and cabazets.
(8) Bed and breakfast establishments, as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty squaze feet of land area per rentable
unit or dwelling unit.
(10) Broadcasting stations.
(11) Business services.
11O ZONING COOD~E ~ IS' 96
(12) Car washing, provided that it is mechanized in sound attenuated structures,
or sound attenuated walls are erected and maintained on the property lines.
(13) Catering establishments.
(14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(15) Churches, temples and synagogues.
(16) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as
the cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings, as permitted under section 25-4-11.
(19) Convenience stores.
(20) Crop production.
(21) Day care centers.
(22) Display rooms for products sold elsewhere.
(23) Dwellings, double-family or duplex, provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(24) Dwellings, multiple-family, provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(25) Dwellings, single-family.
(26) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
(27) Family child care homes.
(28) Farmers markets, provided that the products are limited to the selling of
local fresh and/or raw produce,
(29) Financial institutions.
(30) Group living facilities.
(31) Home occupations, as permitted under section 25-4-13.
(32) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
111 ZONING CO~D~E ~ BIS' BB
(33) Hotels.
(34) Ice storage and dispensing facilities.
(35) Laboratories, medical and research.
(36) Laundries.
(37) Light manufacturing, processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
(38) Medical clinics.
(39) Meeting facilities.
(40) Model homes, as permitted under section 25-4-8.
(41) Mortuaries.
(42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(43) Offices.
(44) Open air markets.
(45) Personal services.
(46) Photography studios.
(47) Public uses and structures, as permitted under section 25-4-11.
(48) Printing shops, cartographing and duplicating processes such as
blueprinting or photostating shops.
(49) Repair establishments, minor.
(50) Restaurants.
(51) Retail establishments.
(52) Schools.
(53) Telecommunication antennas, as permitted under section 25-4-12.
(54) Theaters.
(55) Time Share units.
(56) Utility substations, as permitted under section 25-4-11.
(57) Veterinary establishments
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the CG district, provided that a use permit is issued for each use:
112 ZONING CODDLE RF"f IS'O98
_
(1) Crematoriums.
(2) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(3) Major outdoor amusement and recreation facilities.
(4) 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 25-5-113. Height limit.
(a) The height limit in the CG district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the City of Hilo shall be one hundred twenty feet.
(c) The height limit in those areas in the North Kona district designated as high density
urban on the general plan land use pattern allocation guide (LUPAG) map shall be ninety feet.
Section 25-5-114. Minimum building site area. The minimum building site area in
the CG district shall be seven thousand five hundred square feet.
Section 25-5-115. Minimum building site average width. Each building site in the
CG district shall have a minimum building site average width of sixty feet.
Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be
as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in 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 25-5-117. Landscaping of yards.
(a) All front yards in the CG district shall be landscaped, except for necessary access
drives and walkways.
113 ZONING CO~D~E ~ 615' 96
(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 25-5-118. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CG district.
(b) Exceptions to the regulations for the CG district regazding heights, building site
azeas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 12, CV, Village Commercial Districts
Section 25-5-120. Purpose and applicability. The CV (village commercial) district
provides for a broad range or variety of cormercial 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.
Section 25-5-121. Designation of CV districts. Each CV (Village Commercial)
district shall be designated by the symbol "CV" followed by a number which indicates the
minimum land area, in number of thousands of square feet, required for each building site.
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
114 ZONING CO~D~E ~
61S~O~N
(8) Boarding facilities, rooming, or lodging houses, provided that the
maximum density shall be one thousand two hundred fifty square feet of land area per rentable
unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crop production.
(16) Day care centers.
(17) Dwellings, double-family or duplex, provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(18) Dwellings, multiple-family, provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(19) Dwellings, single-family.
(20) Family child care homes.
(21) Farmers markets, provided that the products are limited to the selling of
local fresh and/or raw produce, fish and local homegrown and homemade products and wares.
(22) Financial institutions.
(23) Group living facilities.
(24) Home occupations, as permitted under section 25-4-13.
(25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(26) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(27) Laboratories, medical and research.
(28) Lodges.
115 ZONING COOD~E RR BIS' O6
(29) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail establishments located
in the immediate community, as approved by the director.
(30) Medical clinics.
(31) Meeting facilities.
(32) Model homes, as permitted under section 25-4-8.
(33) Mortuaries.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(35) Offices.
(36) Open air markets.
(37) Personal services.
(38) Photography studios.
(39) Public uses and structures, as permitted under section 25-4-11.
(40) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops, which are
designed to primarily serve the local area.
(41) Repair establishments, major, when there are not more than five
employees, as approved by the director.
(42) Repair establishments, minor.
(43) Restaurants.
(44) Retail establishments.
(45) Schools.
(46) Telecommunication antermas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the CV district, provided that a use permit is issued for each use:
(1) Crematoriums.
116 ZONING C DR4FT BISI 8fi
(2) Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
(3) Major outdoor amusement and recreation facilities.
(4) 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 perinitted in this
section shall also be permitted in the CV district.
Section 25-5-123. Height limit. The height limit in the CV district shall be thirty
feet.
Section 25-5-124. Minimum building site area. The minimum building site area in
the CV district shall be seven thousand five hundred square feet.
Section 25-5-125. Minimum building site average width. Each building site in the
CV district shall have a minimum building site average width of sixty feet.
Section 25-5-126. Minimum yards. The minimum yards in the CV district shall be
as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in 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 25-5-127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways.
(b) Where required side or rear yard in the CV district adjoins a building site 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.
117 ZONING C DRAFT BISI 96
Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 13. MCX. Industrial-Commercial Mixed Districts
Section 25-5-130. Purpose and applicability. The purpose of the MCX (industrial-
commercial mixed use) district is to allow mixing of some industrial uses with commercial
uses. The intent of this district is to provide for areas of diversified businesses and
employment opportunities by permitting a broad range of uses, without exposing non-industrial
uses to unsafe and unhealthy environments. This district is intended to promote and maintain
a viable mix of light industrial and commercial uses.
Section 25-5-131. Designation of MCX districts. Each MCX (industrial-commercial
mixed use) district shall be designated by the symbol "MCX" followed by a number which
indicates the minimum land area, in number of thousands of square feet, required for each
building site.
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars and nightclubs.
(7) Broadcasting stations.
(8) Business services.
(9) Car washing.
(10) Catering establishments.
118 ZONING COOD~E R~ IS~O~N
(11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code. (12) Churches, temples and synagogues.
(13) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as
the cleaning agent.
(14) Commercial parking lots and garages.
(15) Community buildings, as permitted under section 25-4-11.
(16) Convenience stores.
(17) Data processing facilities.
(18) Day-care centers.
(19) Financial institutions.
(20) Food manufacturing and processing.
(21) Home improvement centers.
(22) Kennels in sound attenuated buildings.
(23) Laboratories, medical and research.
(24) Manufacturing, processing and packaging establishments, light.
(25) Medical clinics.
(26) Meeting facilities.
(27) Motion picture and television production studios.
(28) Offices.
(29) Photographic processing.
(30) Photography studios.
(31) Plant nurseries.
(32) Public uses and structures, as permitted under section 25-4-11.
(33) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(34) Repair establishments, minor.
(35) Restaurants.
(36) Retail establishments.
(37) Sales and service of machinery used in agricultural production.
(38) Schools, business.
119 ZONING C DRAFT &71 96
(39) Schools, photography, art, music and dance.
(40) Schools, vocational.
(41) Self-storage facilities.
(42) Telecommunications antennas, as permitted under section 25-4-12.
(43) Temporary real estate offices, as permitted under section 25-4-8.
(44) Theaters.
(45) Utility substations, as permitted under section 25-4-11.
(46) Veterinary establishments in sound-attenuated buildings.
(47) Warehousing.
(48) Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the MCX district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the MCX district.
Section 25-5-133. Height limit. The height limit in the MCX district shall be forry-
five feet.
Section 25-5-134. Minimum building site area. The minimum building site area in
the MCX district shall be twenty thousand square feet.
Section 25-5-135. Minimum building site average width. Each building site in the
MCX district shall have a minunum building site average width of ninety feet.
Section 25-5-136. Minimum yards. The minimum yards in the MCX district shall be
as follows:
(1) Front yards, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in a
RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear
yard of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear
12O ZONING CODE REVISION
DRAFT 6-71/96
yard which conforms to the side or rear yard requirements for dwelling use of the adjoining
district.
Section 25-5-137. Landscaping of yards.
(a) All front yards in the MCX district shall be landscaped, except for necessary
access drives and walkways.
(b) Any required side or rear yard in the MCX district adjoining a building site in an
RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than
forty-two inches in height, within five feet of the property line, except for necessary drives
and walkways.
Section 25-5-138. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regazding heights, building site
areas, building site average widths and yazds, may be approved by the director within a planned
unit development.
Division 14. ML, Limited Industrial Districts
Section 25-5-140. Purpose and applicability. The ML (limited industrial) district
applies to areas for business and industrial uses which are generally in support of but not
necessarily compatible with those permissible activities and uses in other commercial districts.
Section 25-5-141. Designation of ML districts. Each ML (limited industrial) district
shall be designated by the symbol "ML" followed by a number which indicates the minimum
land area, in thousands of square feet, required for each building site.
Section 25-5-142. Permitted uses.
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Aquaculture activities.
121 ZONING C DRA 841 96
(6) Automobile and truck storage facilities.
(7) Automobile and truck sales and rentals.
(8) Automobile service stations.
(9) Bakeries.
(10) Bars.
(11) Broadcasting stations.
(12) Car washing.
(13) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(14) Catering establishments.
(15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(16) Churches, temples and synagogues.
(17) Cleaning and dyeing plants.
(18) Commercial parking lots and garages.
(19) Community buildings, as permitted under section 25-4-11.
(20) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(21) Day care centers.
(22) Financial institutions.
(23) Food manufacturing and processing facilities.
(24) Greenhouses, plant nurseries.
(25) Heavy equipment sales, service and rental.
(26) Home improvement centers.
(27) Junk yards, provided that the building site is not less than one acre in
area.
(28) Laboratories, medical and research.
(29) Laundries.
(30) Lumber yards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building frames.
ZONING CODE REVISION
122 DRAFT 6-71/96
(31) Manufacturing, processing and packaging establishments, light.
(32) Motion picture and television production studios.
(33) Photographic processing.
(34) Plumbing, electrical, air conditioning and heating establishments.
(35) Public uses and structures, as permitted under section 25-4-11.
(36) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(37) Recycling centers, which do not involve the processing of recyclable
materials.
(38) Repair establishments, minor.
(39) Restaurants.
(40) Self storage facilities.
(41) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(42) Telecommunication antennas, as permitted under section 25-4-12.
(43) Temporary real estate offices, as permitted under section 25-4-8.
(44) Transportation and tour terminals.
(45) Truck, freight and draying terminals.
(46) Utility facilities, public and private, including offices or yards for
equipment, material, vehicle storage, repair or maintenance.
(47) Utility substations, as permitted under section 25-4-11.
(48) Veterinary establishments.
(49) Vocational schools.
(50) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(51) 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) Crematoriums.
ZONING CODE REVISION
123 DRAFT 6-11/96
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) The following uses shall be permitted in the ML district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the
operation of any permitted use.
(2) Retail sales.
(3) Services for persons working in a ML district which are conducted within
an integral part of a main structure with entrances from the interior of the building and which
have no display or advertising visible from the street.
(d) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the ML district.
Section 25-5-143. Height limit. The height limit in the ML district shall be forty-five
feet.
Section 25-5-144. Minimum building site area. The minimum building site area in
the ML district shall be ten thousand square feet.
Section 25-5-145. Minimum building site average width. Each building site in the
ML district shall have a minimum building site average width of seventy-five feet.
Section 25-5-146. Minimum yards. Minnnum 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 rear property line adjoins the side or rear
yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard
which conforms to the side or rear yard requirements for dwelling use of the adjoining district.
Section 25-5-147. Other regulations.
(a) All front yards in the ML district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the ML district adjoins a building site in a
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge
124 ZONING COOD~E BIS196
not less than forty-two inches in height, along the side or rear property lines so adjoining,
except for necessary drives and walkways.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the ML district.
(d) Exceptions to the regulations for the ML district regarding heights, building site
areas, building site average widths and yards, may be approved by the director within a planned
unit development.
Division 15. MG, General Industrial Districts
Section 25-5-150. Purpose and applicability. The MG (general industrial) district
applies to areas for uses that are generally considered to be offensive or have some element of
danger.
Section 25-5-151. Designation of MG districts. Each MG (general industrial) district
shall be designated by the symbol "MG" followed by a number which indicates the minimum
land area, in number of thousands of square feet, required for each building site, or if the
number is followed by the symbol "a," by the minimum number of acres required for each
building site.
Section 25-5-152. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Anneal quarantine stations.
(5) Animal sales, stock, and feed yards.
(6) Aquaculture activities and facilities.
(7) Automobile and truck storage facilities.
(8) Automobile body and fender establishments.
(9) Automobile service stations.
(10) Bakeries.
(11) Bars.
12S ZONING COOO~E FRTEBIS~O~
(12) Breweries, distilleries, and alcohol manufacturing facilities.
(13) Broadcasting stations.
(14) Bulk storage of flammable products and bulk storage of explosive
products.
(15) Car washing.
(16) Catering establishments.
(17) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
code.
(18) Churches, temples and synagogues.
(19) Cleaning and dyeing plants.
(20) Commercial parking lots and garages.
(21) Community buildings, as permitted under section 25-4-11.
(22) Concrete or asphalt batching and mixing plants and yards.
(23) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(24) Day care centers.
(25) Dumping, disposal, incineration, or reduction of refuse or waste matter.
(26) Fabricating establishments.
(27) Fertilizer manufacturing plants.
(28) Financial institutions.
(29) Food manufacturing and processing facilities.
(30) Freight movers.
(31) Greenhouses, plant nurseries.
(32) Heavy equipment sales, service and rental.
(33) Home improvement centers.
(34) Junk yards.
(35) Kennels.
(36) Laboratories, medical and research.
(37) Laundries.
(38) Lava rock or stone cutting or shaping facilities.
126 ZONING C DRA 6IS7 86
(39) Lumber yards and building material yards.
(40) Machine, welding, sheet metal, and metal plating and treating
establishments.
(41) Manufacturing, processing and packaging establishments,light and
general.
(42) Marine railways, drydocks, and ship or boat yards.
(43) Motion picture and television production studios.
(44) Photographic processing.
(45) Public dumps.
(46) Public uses and structures, as permitted under section 25-4-11.
(47) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating shops.
(48) Recycling centers.
(49) Reduction, refming, smelting, or alloying of metals, petroleum products
or ores.
(50) Repair establishments, major and minor.
(51) Restaurants.
(52) Saw mills.
(53) Self storage facilities.
(54) Slaughterhouses.
(55) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(56) Storage, curing, or tanning of raw, green, or salted hides or skins.
(57) Telecommunication antennas, as permitted under section 25-4-12.
(58) Temporary real estate offices, as permitted under section 25-4-8.
(59) Transportation and tour terminals.
(60) Truck, freight and draying terminals.
(61) Utility facilities, public and private, including power plants, offices or
yards for equipment, material, vehicle storage, repair or maintenance.
(62) Utility substations, as permitted under section 25-4-11.
ZONING CODE REVISION
127 DRAFT 6-17/96
(63) Veterinary establishments.
(64) Warehousing.
(65) Wholesaling and distribution, including the storage of incidental materials
and equipment.
(66) 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) 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.
Section 25-5-153. Height limit. The height limit in the MG district shall be fifty feet.
An industrial structure may be built to a height of one hundred feet, provided the extra height
is determined by the director to be functionally necessary.
Section 25-5-154. Minimum building site azea. The minimum lot area in the MG
district shall be twenty thousand square feet.
Section 25-5-155. Minimum building site average width. Each building site in the
MG district shall have a minimum building site average width of one hundred feet.
128 ZONING COOD~E ~ IS' 96
Section 25-5-156. Minimum yards.
The minimum yards in the MG district shall be as follows:
(1) Front yard, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in a
RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear
yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard
which conforms to the side or rear yard requirements for dwelling use of the adjoining district.
Section 25-5-157. Other regulations.
(a) All front yards in the MG district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the MG district adjoins a building site in a
RS, RD, RM or RCX district, a solid wall six feet in height shall be erected and maintained
along the side and rear property lines so adjoining.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the MG district.
(d) Exceptions to the regulations for the V district regarding heights, building site areas,
building site average widths and yards, may be approved by the director within a planned unit
development.
Division 16. O, Open Districts
Section 25-5-160. Purpose and applicability. The O (open) district applies to areas
that contribute to the general welfare, the full enjoyment, or the economic well-being of open
land type use which has been established, or is proposed. The object of this district is to
encourage development around it such as a golf course and park, and to protect investments
which have been or shall be made in reliance upon the retention of such open type use, to
buffer an otherwise incompatible land use or district, to preserve a valuable scenic vista or an
area of special historical significance, or to protect and preserve submerged land, fishing
ponds, and lakes (natural or artificial tide lands).
Section 25-5-161. Designation of O districts. Each O (open) district shall be
designated by the symbol "O."
129 ZONING CO~D~E ~ 81S~O~N
Section 25-5-162. Permitted uses.
(a) The following uses shall be permitted in the O district:
(1) Aquaculture activities and facilities.
(2) Cemeteries and mausoleums, as permitted under chapter 5, article 1 of this
code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Existing churches and temples of historical significance.
(5) Forestry.
(6) Game preserves.
(7) Growing of plants provided such growth does not impair a view intended to
be preserved in the O district.
(8) Heiaus, historical areas, structures, and monuments.
(9) Natural features, phenomena, and vistas as tourist attractions.
(10) Private recreational uses involving no above ground structure except
dressing rooms and comfort stations.
(11) Public parks.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Telecommunication antennas, as permitted under section 25-4-12.
(14) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
shall be permitted in the O district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Golf courses.
(c) Uses considered directly accessory to the uses permitted in this section shall also be
permitted in the O district.
Section 25-5-163. Height limit. There shall be no height limit in the O district,
except as specified as a condition of approval attached to any use permit or plan approval. For
this purpose, the height limit in the adjoining districts shall be used as guides.
Section 25-5-164. Minimum building site area. There shall be no minimum building
site area in the O district, except as a condition of approval attached to any plan approval. For
130 ZONING COOD~E ~ ISi 98
this purpose, the minimum building site area regulations in the adjoining districts shall be used
as guides.
Section 25-5-165. Minimum building site average width. There shall be no
minimum building site average width in the O district, except as specified as a condition of
approval attached to any plan approval. For this purpose the minimum building site average
width regulations in the adjoining districts shall be used as guides.
Section 25-5-166. Minimum yards. There shall be no minimum yards in the O
district, except as specified as a condition of approval attached to any plan approval. For this
purpose, the minimum yard regulations in the adjoining districts shall be used as guides.
Section 25-5-167. Other regulations. Plan approval shall be required for all new
structures and additions to existing structures in the O district.
131 ZONING CO~D~E ~
61St 96
Article 6. Optional Development Regulations
Division 1. Planned Unit Development (P.U.D.)
Section 25-6-1. Purpose. The purpose of planned unit development (P.U.D.) is to
encourage comprehensive site planning that adapts the design of development to the land, by
allowing diversification in the relationships of various uses, buildings, structures, open spaces
and yards, building heights, and lot sizes in planned building groups, while still insuring that
the intent of this chapter is observed.
Section 25-6-2. Minimum land area required. The minimum land area required for
a P.U.D. shall be two acres.
Section 25-6-3. Application for P.U.D. permit; requirements.
An application for a P.U.D. permit shall be on a form prescribed for this purpose by
the director and shall be accompanied by:
(1) A filing fee of $500.
(2) A written description of the proposed project, including the following
information:
(A) A description of the property in sufficient detail to determine the
precise location of the property involved;
(B) A statement of objectives and reasons for the requested P.U.D.
permit, including an analysis of how the request satisfies the standards contained in section
25-6-10;
(C) A list of all requested deviations or variances from the requirements
of chapter 23 (subdivisions) and chapter 25 (zoning) of the County code;
(D) A schedule for the timetable of the proposed development; and
(E) An analysis of the relationship of the proposed development to the
general plan.
(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;
132 ZONING C DRAFT 6IS1 96
(C) Any proposed subdivision of property for individual parcel sale;
(D) Parking areas;
(E) Public areas and uses; and
(F) Landscaping and open spaces.
(4) Architectural drawings for all buildings other than single-family dwellings
demonstrating the design and character of the proposed buildings and uses.
(5) A list of the names, addresses and tax map key numbers of all surrounding
owners and lessees of property interests in property within the boundaries established by
section 25-2-4.
(6) Any other information or plans required by rules adopted by the 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 ten days after receiving notice of such date, the
applicant shall serve notice of the application on surrounding owners and lessees of record, as
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of
record of interests in other properties which the director may find to be directly affected by the
P.U.D. permit sought.
(b) The director shall publish notice of the date of the proposed decision by the
director and the date by which written comments must be received by the director in at least
two newspapers of general circulation in the County, at least ten days prior to the director's
proposed decision.
Section 25-6-5. Procedure for processing application when use not permitted in
district. An application for a P.U.D. permit that proposes a use not permitted either directly
or as a conditional use within a district may be considered by the director only if a separate
application for a change of zone is filed concurrently with or prior to the P.U.D. permit
application. The P.U.D. permit application and the change of zone application shall be
considered concurrently, and any P.U.D. approved by the director shall be effective only
when the change of zone ordinance becomes effective.
133 ZONING CO~D~E BIS~O~
Section 25-6-6. Actions by director on P.U.D. permit applications.
(a) Except as provided 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 approved uses, plans, and variances of district standards;
provided, however, that no improvements or alterations off-site of the project shall be required
as a condition of a use permit. The conditions may include, but not be limited to the
following:
(1) Commencement and completion time frame for the project;
(2) Boundary changes approved in the project;
(3) Uses that are prohibited or limited;
(4) Specifications for the minimum development standards;
(5) Specifications for street improvement and dedication;
(6) Utilities to be furnished; 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 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 for the
portion of development comprising the proposed construction.
(d) When plans and drawings are submitted after a partial approval of a P.U.D. permit
application has been issued under subsection (c) above with a request for further partial
approval or full approval, the director shall review the drawings and shall either approve or
deny the request within thirty days from the date that the drawings are filed by the applicant.
In the event of a denial of such request, the applicant may resubmit a revised request for
further partial or full P.U.D. permit approval of the application and in accordance with this
subsection.
134 ZONING C DRAFT BISI 96
(e) If the director fails to act upon a P.U.D. permit application within the prescribed
sixty day period as required by subsection (a) above, the application shall be considered as
having been denied and the director shall immediately inform the applicant of such denial. If
the director fails to act upon filed 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 purposes 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 the boundaries established by section 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 party must be
made in writing within fifteen 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 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 person within the time period prescribed by
subsection (a) above. The commission shall consider the request at a regularly scheduled
meeting of the commission, at which time the applicant and the person who requested such
review shall have an opportunity to be heard. Within forty-five days after the receipt of a
request for review, the commission shall determine either that the director granted the P.U.D.
permit properly or that sufficient cause exists for a public hearing on the matter. If the
commission fails to make such determination within the prescribed time, the director's action
shall be considered as having been affirmed.
(c) If the commission determines that a public hearing is necessary, it shall promptly
schedule the public hearing at which time the applicant, any interested party and members of
the general public shall have the opportunity to be heard on the application. A contested case
135 ZONING C DRAFT &Si 96
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 ten days afrer receiving notice of the date of the public hearing, the
interested party shall serve notice of the hearing on the applicant and on surrounding owners
and lessees of record as provided by section 25-2-4. The interested party shall also serve
notice on owners and lessees of record of interests in other properties which the commission
may find to be directly affected by the P.U.D. permit sought.
(e) The commission shall provide notice by publication of the public hearing in
accordance with the provisions of this chapter.
(t) Within ninety days of its decision to hold a public hearing on the matter, or within
a longer period as may be agreed to by the applicant, the commission shall either deny the
P.U.D. application or approve it subject to conditions, stating the factual findings supporting
the P.U.D. approval or denial. If the commission fails to render a decision within the
prescribed time, the director's action shall be considered as having been affirmed.
Section 25-6-8. Appeal of director's action by applicant.
(a) If the director denies a P.U.D. permit application, such decision is fmal except
that, within thirty days afrer the date of the written decision, the applicant may appeal such
action to the commission.
(b) An appeal by an applicant to the commission shall be submitted in writing to the
commission on a form prescribed by the commission and shall be accompanied by:
(1) Anon-refundable filing fee of $250; and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) The commission shall provide notice by publication of the public hearing in
accordance with the provisions of this chapter.
(d) The commission shall provide written notice of the public hearing, at least ten days
prior to the hearing, to persons who had submitted timely objections to the P.U.D. permit
application before the director's action.
(e) The commission shall conduct a public hearing within a period of sixty days from
the date the written appeal is accepted by the commission, unless that period is waived by the
136 ZONING CO~D~E ~ sIS, 98
an attractive center which does not adversely impact upon adjacent and surrounding existing or
prospective developments.
(e) Any industrial development shall be in conformity with desirable performance
standards and shall constitute an efficient and well organized development with adequate
provisions for freight service and necessary storage, and shall not adversely impact upon
adjacent and surrounding existing or prospective development.
(f) The development of a harmonious, integrated whole justifies exceptions, if
required, to the normal requirements of this chapter, and the contemplated arrangements or
use make it desirable to apply regulations and requirements differing from those ordinarily
applicable under the district regulations.
Section 25-6-11. Height exceptions authorized.
(a) A building approved under a P.U.D. permit may exceed the height limit specified
under the zoning district of the property and the height limits under section 25-4-22; provided,
that the maximum height of the building shall not exceed seventy-five feet.
(b) A building approved under a P.U.D. permit and situated within a zoning district
which exceeds the height limits specified under subsection (a) may be permitted at the higher
height limits prescribed for that zoning district.
Section 25-6-12. Approval of variances, use permits and plan approvals issued
under P.U.D. permit.
(a) No separate or additional variance permit or use permit shall be required for any
variance or use approved under a P.U.D. permit, and any variance or use approved under a
P.U.D. permit shall be considered to be in compliance with the required procedures for
obtaining a variance or use permit.
(b) Plan approval shall be considered issued when completed [architectural] drawings
are approved under a P.U.D. permit, and no further action is required for the issuance of plan
approval under this chapter.
Section 25-6-13. Effect of P.U.D. permit on other zoning provisions. Any P.U.D.
permit issued shall be subject to all of the conditions imposed in the permit and shall be
exempted from other provisions of this chapter only to the extent specified in the permit.
138 ZONING COOD~E R~ IS' 98
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 conditions to meet the intent of the P.U.D. permit.
Division 2. Cluster Plan Development (C.P.D.)
Section 25-6-20. Purpose. The purpose of cluster plan development (C.P.D.) is to
provide exceptions to the density requirements of the single-family residential (RS) district so
that permitted density of dwelling units contemplated by the minimum building site
requirements is maintained on an overall basis and desirable open space, tree cover,
recreational areas, or scenic vistas are preserved.
Section 25-6-21. Minimum land area required. The minimum land area required for
a C.P.D. shall be two acres.
Section 25-6-22. Application for C.P.D.
(a) An application for a C.P.D. permit shall be on a form prescribed by the director
and shall be accompanied by a filing and processing fee as set forth under chapter 23, the
subdivision control code.
(b) The procedure for processing an application for a C.P.D. permit shall be the same
as that prescribed for a subdivision application under chapter 23, the subdivision control code.
Section 25-6-23. Computation of maximum number of lots.
(a) The maximum number of building sites that may be created in a C.P.D. shall be
computed by subtracting ten percent of the total area proposed for the C.P.D. for street
rights-of-way, and dividing the remaining area by the minimum building site area requirement
of the single-family residential district(s) in which the C.P.D. is to be located.
(b) The method of computation prescribed in subsection (a) shall apply whether or not
ten percent of the total land area is actually required for street rights-of--way.
139 ZONING COOD~E RR 815, OB
(c) Land utilized by utilities for easements for major facilities, such as electric
transmission lines and water mains, where such land is not available to the owner for
development because of the easements, shall not be considered as part of the gross acreage in
computing the maximum number of building sites that may be created in a C.P.D.
(d) Land normally subjected to being submerged in water or with slopes in excess of
thirty percent shall not be considered as part of the gross acreage in computing the maximum
number of building sites that may be created in a C.P.D.
Section 25-6-24. Minimum building site size in C.P.D.
(a) Building sites in a C.P.D. may be reduced in area below the minimum area
required in the district in which the C.P.D. is located, provided that the average building site
of the area created in the C.P.D. is not below the minimum building site area required in the
district for C.P.D.
(b) No building site in an RS district shall be reduced in area below the following
minimum standards:
Area 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 building sites located within the C.P.D. may be approved as common land.
Other uses or sites which may qualify as common land include historic buildings or sites,
parks and parkway areas, ornamental parks, extensive areas with tree cover, land along usable
shoreline areas, and low land along streams or areas of rough terrain where such areas are
extensive and have natural features worthy of preservation and are usable for normal
recreational pursuits.
140 ZONING C DRAFT B!S1 e6
(b) The method of maintenance of common land for open space or recreational use
shall be approved by the director.
Section 25-6-26. Appeal of a C.P.D. decision. Within thirty days after the date of
the director's written decision regarding a C.P.D., any person aggrieved by the decision may
appeal the director's action to the board of appeals in accordance with this chapter.
Division 3. Ohana Dwellings
Section 25-6-30. General provisions, applicability. Ohana dwellings shall be
permitted on a building site within the RS, RA, FA and A districts; provided that:
(a) The building site is a legal lot of record as determined by the director;
(b) Any building site which is within the state land use agricultural district shall be
subject to agricultural requirements for farm dwellings as established by ordinance or by rule of
the director, adopted pursuant to chapter 91, Hawaii Revised Statutes;
(c) All applicable provisions of this chapter, aze met, including but not limited to, heights
limits, minimum yazds and parking; and
(d) The following public facilities aze adequate to serve the ohana dwelling unit:
(1) Sewage disposal system. The building site shall be served by a public or
private sewage disposal system. An adequate public sewage disposal system shall meet with the
requirements of the department of public works and an adequate private sewage disposal system,
cesspool or septic tank shall meet with the requirements of the state depaztment of health.
(2) Potable water supply. The building site shall be served by an approved public
or private water system meeting with the requirements of the department of water supply which
system can accommodate the ohana dwelling and the main dwelling unit. An ohana dwelling
that is not served by an approved public or private water system may use a water catchment
system provided that the director determines that there is sufficient annual rainfall in the area to
accommodate a water catchment system and water catchment system meets the requirements of
the department of health and the department of water supply.
(3) Fire protection. The building site shall be served by adequate fire protection
measures meeting with the requirements of the fire department.
141 ZONING COOD~E R~ IS~O~N
(4) Streets. The building 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 dwelling permit.
(a) An application for an ohana dwelling permit on any building site shall only be
accepted by the director after the completion of all subdivision improvements required by
chapter 23 (subdivisions), for the subdivision in which the building site is located. For purposes
of this subsection, "completion" means the construction of all of the subdivision improvements
including the subdivision roads, drainage, water, and if applicable, wastewater systems, in
accordance with approved construction plans, which improvements have been completed to the
satisfaction of the chief engineer.
(b) Only one permit application for an ohana dwelling unit may be active for any one
applicant at any time. Any applicant who has obtained an ohana dwelling permit shall not be
eligible or apply for a subsequent ohana dwelling permit on any building site for a period of
two years from the date on which the first ohana dwelling unit was completed to the
satisfaction of the chief engineer. For purposes of this subsection, each titleholder and person
named in [the] an application for an ohana dwelling permit, pursuant to Section 25-6-29(b),
shall be considered the applicant. The director shall maintain and keep readily available for
public reference a current list of applicants for ohana dwelling units, including the dates of
application and approval or denial.
Section 25-6-32. Prohibited areas. Ghana dwelling units shall be prohibited in the
following areas:
(a) Any building site within the state land use conservation district;
(b) Any building site developed under an affordable housing project approved by the
state housing finance and development corporation (HFDC) and/or the County housing
agency which has been granted pre-emptions from the requirements of this code;
(c) Any building site developed as a planned unit development (P.U.D.) or a cluster
plan development (C.P.D.);
(d) Any building site where more than one dwelling unit is permitted in the zoning
district, including building sites that permit more than one dwelling unit in the RS district,
142 ZONING C GRAFTgIS' 96
building sites with duplex and multiple-family dwelling, care homes, family child care homes,
group living facilities, and single-family dwellings which are transient vacation units;
(e) Any building site which is the subject of an approved variance from the provisions
of this chapter or chapter 23 (subdivisions);
(f) Any building site on which the construction of an ohana dwelling or a second
dwelling unit is specifically prohibited by a change of zone ordinance.
Section 25-6-33. Designation of the ohana dwelling unit.
(a) Regardless of the size of a building site, not more than one ohana dwelling unit
shall be permitted on the same building site with the first single-family dwelling unit.
(b) The director may designate an existing, first single-family dwelling unit as an
ohana dwelling unit in order to allow permitting of a new first single-family dwelling unit
when such existing dwelling is the only dwelling unit on the building site and the dwelling unit
complies or will be modified to comply with all the requirements of this division.
Section 25-6-34. Height limit. Except when the living areas of the ohana dwelling
unit and the first dwelling unit are joined by a common wall, floor, or ceiling, the height limit
for an ohana dwelling unit shall be twenty-five feet, regazdless of whether a greater height limit
is provided for the zoning district.
Section 25-6-35. Minimum building site area and yards.
(a) The minimum building site area for a building silg containing both the first dwelling
and the ohana dwelling unit shall be ten thousand square feet.
(b) The minimum front, rear, and side yard requirements for a detached ohana
dwelling unit shall be the minimum yard requirements for the zoning district in which the
building site is situated plus an additional five feet.
(c) An ohana dwelling unit and a single family dwelling unit may be constructed as a
duplex (i.e., there is a common wall or floor/ceiling).
Section 25-6-36. Guest houses. A guest house, as described in section 25-4-9, shall
not be permitted on any building site where an ohana dwelling unit has been permitted or
constructed. If an existing guest house is situated on a building site, an ohana dwelling unit
shall not also be permitted on the building site. Provided, that an existing guest house may be
converted into an ohana dwelling unit in accordance with the requirements of this division.
143 ZONING C DRAFT 6 S1 96
Section 25-6-37. Off street parking spaces. The number of parking spaces for an
ohana dwelling unit shall be as provided under section 25-4-51.
Section 25-6-38. Variances prohibited. No variance from either this chapter or
chapter 23 (subdivisions), shall be granted to permit the construction or placement of an ohana
dwelling unit on a building site. In addition, an ohana dwelling unit shall not be permitted on
a building site for which a variance from either this chapter or chapter 23 (subdivisions), has
already been granted.
Section 25-6-39. Application for ohana dwelling permit; requirements.
(a) An application for an ohana dwelling permit shall be filed with the director on a
form prescribed for this purpose by the director, and shall be accompanied by:
(1) A filing fee of $25;
(2) The names and addresses of all the owners of the building site, provided
that when the property is owned by a corporation, association, partnership or trust, the names
and addresses of all partners, director, officers, shareholders or beneficiaries holding an
ownership or beneficial interest of at least ten more per cent shall be included; and
(3) An affidavit, in the form prescribed by the director, verifying that there is
no restriction or covenant applicable to the building site, contained in any deed, lease, or other
recorded document, which prohibits the construction or placement of an ohana dwelling or a
second dwelling unit on the building site.
(b) The applicant shall serve notice of the ohana dwelling permit application on
surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall
also serve notice on all owners of the property identified in the application who did not
execute the application, and any known association of property owners which has jurisdiction
or authority over the subdivision in which the building site is situated. Proof of service of the
notice, in the manner provided under section 25-2-4, shall be submitted together with the
ohana dwelling permit application.
Section 25-6-39.1. Action on ohana dwelling permit.
(a) Upon acceptance of an ohana dwelling permit application, the director shall
forward the application to appropriate agencies for review and comment on the adequacy of
those infrastructure facilities required for the ohana dwelling unit, under section 25-6-30.
ZONING CODE REVISION
144 DRnrr s-i vss
(b) Within a period of at least thirty days but not more than sixty days after acceptance
of an ohana dwelling permit application, the director shall either approve or deny the
application.
(c) If the director fails to render a decision within the prescribed sixty day period, the
application shall be considered as being approved.
Section 25-6-39.2. Building permit for an ohana dwelling.
(a) A building permit for the construction of an ohana dwelling unit shall be secured
within one year from the date that the ohana dwelling unit permit was issued. A thirty day
time extension may be granted by the director if it can be demonstrated by the applicant that
non-performance was not the result of the applicant's fault or negligence. In the event that the
applicant fails to secure a building permit for the construction of the ohana dwelling unit
within the one year time period, or any extension granted by the director, the ohana dwelling
unit permit shall be void.
(b) The time extension provided for an ohana dwelling permit under subsection (a)
above shall be the only time extension available to an applicant, and no further time extension
shall be allowed. Further, the failure to obtain any further time extension of an ohana
dwelling permit shall not be cause to petition the director, the commission or the board of
appeals for relief from the time limitation for an ohana dwelling permit as provided under this
section.
Section 25-6-39.3. Non-transferability of permit.
(a) A permit for an ohana dwelling unit shall be personal to the applicant and shall not
be transferable to assignable to any other person until construction of the ohana dwelling unit
has been completed and final approval has been issued by the chief engineer.
(b) No person shall advertise or represent to the public that a permit to construct an
ohana dwelling unit is transferable with the sale of the property on which the permit has been
granted.
Section 25-6-39.4. Pending applications.
(a) All pending applications for ohana dwellings filed with the director prior to May 4,
1996 shall be processed in accordance with this division, with the exception of the filing fee.
145 ZONING CO~D~E RE61S' 96
The director may require the applicant to submit additional information to comply with this
division.
Section 25-6-39.5. Illegally constructed ohana dwellings. In the event that an ohana
dwelling unit is constructed contrary to the provisions of this division, with or without a
permit therefor having been issued, the ohana dwelling unit, shall be considered unlawful and
a public nuisance, and action or proceedings for abatement, removal and enjoinment of the
unlawful ohana dwelling shall immediately be commenced in accordance with this chapter.
Section 25-6-39.6. Revocation of an ohana dwelling permit.
(a) The director may initiate proceedings to revoke a permit for an ohana dwelling unit
if:
(1) The applicant intentionally misrepresented a material fact in the permit
application, including all attachments; or
(2) The applicant transferred or attempted an ohana dwelling unit permit issued
by the director prior to completion of the construction of the ohana dwelling unit and final
approval by the chief engineer;
(b) The director shall serve written notice of the proposed revocation on the applicant
by registered or certified mail with return receipt.
(c) The applicant may, within thirty days after receipt of the proposed revocation
notice, appeal the revocation notice to the board of appeals as provided by section 5-6.3 of the
County charter and sections 25-2-20 through 25-2-24 of this chapter. An appeal to the board
of appeals shall stay the provisions of the director's order pending the final decision of the
board of appeals.
Section 25-6-39.7. Appeals. Any person aggrieved by the decision of the director in
the issuance of an ohana dwelling permit decision, except for a decision regarding the duration
of a permit under section 25-6-39.2, may appeal the director's action to the board of appeals,
in accordance with this chapter, within thirty days after the date of the director's written
decision.
146 ZONING COOD~E 815' OB
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.
Section 25-6-41. Criteria for establishing a project district. A project district may
be established as an amendment to this chapter whenever the public necessity and convenience
and the general welfare require that a comprehensive planning approach for an area should be
adopted in order to establish a continuity in land uses and designs while providing a
comprehensive network of infrastructural facilities and systems. In addition, a project district
may only be established if the proposed district:
(1) Is consistent with the intent and purpose of this chapter and the County
general plan; and
(2) Will not result in a substantial adverse impact upon the surrounding area,
community or region.
Section 25-6-42. Minimum land area required. The minimum land area required for
a project district shall be fifty acres.
Section 25-6-43. Permitted uses. Any uses permitted either directly or conditionally
in the RS, RD, RM, RCX, CN, CG, CV or V districts shall be permitted in a project district;
provided, that each of the proposed uses and the overall densities for residential and hotel uses
shall be contained in a master plan for the project district and in the project district enabling
ordinance.
147 ZONING CO~D~E RT
61S' 98
Section 25-6-44. Application for project district; requirements.
(a) An application for a project district may be filed by a property owner or any other
person with the property owner's consent. The application shall be on a form prescribed for
this purpose by the director and shall be accompanied by:
(1) A filing fee of $5,000.
(2) A description of the property in sufficient detail to determine its precise
location.
(3) A master conceptual plan of the property, showing the project district
boundaries and the land uses and acreage of land involved.
(4) A description of the proposed project district, including land uses,
densities, infrastructural requirements, and development standards.
(5) A description of each of the open space areas proposed for the project
district for cultural and/or environmental purposes, including those open space areas preserved
because of natural hazards.
(6) A metes and bounds description of the property prepared by a surveyor.
(7) A list of the names, addresses and tax map key numbers for those property
owners and lessees of record of surrounding properties who are required to receive notice
under section 25-2-4.
(8) A county environmental report; provided that a county environmental report
shall not be required where an environmental impact statement or an environmental assessment
and negative declaration have been prepared and issued in compliance with chapter 343,
Hawaii Revised Statutes, as amended.
(9) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) Within ten days after filing an application for a project district, the applicant shall
serve notice of the application on surrounding owners and lessees of record as provided by
section 25-2-4.
(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
148 ZONING C DRAFT 6IS1 96
proposed project district ordinance which establishes the project district and provides project
district standards and conditions, including permitted land uses, accessory uses, densities,
heights, setbacks, and variances from the requirements of this chapter, and from chapter 23
(subdivision control), if applicable, as contained in the master conceptual plan for the project
district.
(d) The commission shall review any project district application and shall forward its
recommendation on the application to the council through the mayor for the council's
consideration and action.
(1) In reviewing the application, the commission shall hold at least one public
hearing in the district in which the proposed project district is located. The commission shall
provide reasonable notice of the date of the hearing to the applicant. The commission shall
also publish notice of the hearing in accordance with the requirements of this chapter.
(2) Within ten days after receiving notice of the date of the public hearing, the
applicant shall serve notice of the hearing on surrounding owners and lessees of record as
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of
record of interests in other properties which the commission may find to be directly affected
by the proposed project district.
(3) Within ninety days after receipt of the application from the director, unless
a longer period is agreed to by the applicant, the commission shall transmit the proposed
project district ordinance together with its recommendation thereon through the mayor to the
council. The commission shall recommend approval in whole or in part, with or without
modifications, or rejection of such proposal.
Section 25-6-45. Conditions imposed on project district.
(a) The council may impose conditions on the use of the property subject to the project
district, provided the council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land uses
proposed with respect to protection of the public from the potentially deleterious effects of the
149 ZONING CO~D~E TeIS, 96
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 required infrastructure improvements;
(2) All items required for a plan approval application, as provided by section
25-2-72; and
(3) Any other information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) Within sixty days after acceptance of the site plans, the director shall either deny
or approve the plans.
(c) The director may approve site plans for a project district only if the applicant has
complied with all of the conditions contained in the project district enabling ordinance and the
site plans conform to the standards contained in the project district enabling ordinance. The
director may approve the site plans subject to conditions, or the director may approve the site
plans subject to certain changes when, in the director's opinion, such conditions or changes are
necessary to carry out the purposes of the project district, this chapter and the considerations
contained in section 25-6-47.
(d) If the director fails to render a decision on the site plans within the prescribed
period, the site plans shall be considered approved without further certification by the director.
15~ ZONING C DRAFT 6IS1 96
Section 25-6-47. Review criteria and conditions of approval. In reviewing site
plans for a project district, the director shall consider the proposed development and uses in
relation to the surrounding properties, improvements, streets, traffic, community
characteristics, and natural features, and may require conditions or changes to assure:
(1) Adequate light and air, proper siting and arrangements of all structures and
improvements are provided;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the development
or use and its surroundings;
(4) Unsightly areas are properly screened or eliminated;
(5) Adequate off-street parking is provided to serve the development or use;
(6) Access to the parking areas will not create potential accident hazards; and
(7) Within reasonable limits, any natural and man-made features of community
value are preserved.
Section 25-6-48. Construction in conformity with approved site plans. Every
structure, development and use contained in site plans for a project district approved by the
director shall be constructed and developed in accordance with the terms, specifications and
conditions of approval for those site plans.
Section 25-6-49. Plan approval issued by approval of site plans. Plan approval
shall be considered issued when site plans for a project district are approved by the director, as
provided by sections 25-6-46 and 25-6-47, and no further action is required for the issuance of
plan approval under this chapter.
Section 25-6-49.1. Amendments. Any amendment to the conditions and standards
contained in a project district enabling ordinance shall be processed in the same manner as the
project district enabling ordinance, unless the council in the project district enabling ordinance
authorizes the amendments to be made by the director. A request for any amendment shall be
submitted in writing to the director, in lieu of the application required for a project district.
The request shall be accompanied by a filing fee of $250.
Section 25-6-49.2. Appeal of director's actions on project district site plans. Any
person aggrieved by the decision of the director in the issuance of a decision regarding project
151 ZONING C DRAFT 6151 98
district site plans may appeal the director's action to the board of appeals, in accordance with
its rules, within thirty days after the written decision is issued by the director.
Division 5. Agricultural Project Districts
Section 25-6-50. Purpose and applicability. The agricultural project district
development is intended to provide a flexible and creative planning approach for
developments within the agricultural zoning districts, in lieu of specific land use designations.
It will allow for flexibility in the location of specific types of agricultural uses and variations
in lot sizes. Under this planning approach, opportunities will be provided for a mix of small
scale agricultural activities and associated residential uses, as well as larger agricultural
projects. This district will also provide a vehicle to satisfy the demand for a rural lifestyle on
marginal agricultural land, while decreasing the pressure to develop important agricultural
land for this purpose. The planning approach would establish a continuity in land uses and
designs, while providing for the needed infrastructural facilities and systems to support the
various types of agricultural developments. An agricultural project district is an amendment to
this chapter which changes the district boundaries in accordance with the individual
agricultural project district.
Section 25-6-51. Criteria for establishing a project district. An agricultural project
district may be established as an amendment to this chapter whenever the public necessity and
convenience and the general welfare require that a comprehensive planning approach for an
agricultural area should be adopted in order to establish a continuity in land uses while
providing the required infrastructural facilities and systems. In addition, an agricultural
project district may only be established if the proposed district:
(1) Is consistent with the intent and purpose of this chapter and the County
general plan; and
(2) Will not result in a substantial adverse impact upon the surrounding area,
community or region.
Section 25-6-52. Minimum land area required. The minimum land area required for
an agricultural project district shall be five acres.
152 ZONING COOD~E 61S'
~N
Section 25-6-53. Permitted uses; overall density. Any uses permitted either directly
or conditionally in the A or IA districts shall be permitted in an agricultural project district,
and the overall density permitted in an agricultural project district shall not be greater than one
acre per building site. Each of the proposed uses and the overall densities for dwelling uses
shall be contained in a master conceptual plan for the agricultural project district and in the
agricultural project district enabling ordinance.
Section 25-6-54. Application for agricultural project district; requirements.
(a) An application for an agricultural project district may be filed by a property owner
or any other person with the property owner's consent. The application shall be on a form
prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of $100 per acre up to a maximum filing fee of $5,000.
(2) A description of the property in sufficient detail to determine its precise
location.
(3) A master conceptual plan of the property, showing the agricultural project
district boundaries and the land uses and acreage of land involved.
(4) A description of the proposed agricultural project district, including land
uses, densities, infrastructural requirements, and development standards.
(5) A description of each of the open space areas proposed for the agricultural
project district for cultural and/or environmental purposes, including those open space areas
preserved because of natural hazards.
(6) A metes and bounds description of the property prepared by a surveyor.
(7) A list of the names, addresses and tax map key numbers for those property
owners and lessees of record of surrounding properties who are required to receive notice
under section 25-2-4.
(8) A county environmental report; provided that a county environmental report
shall not be required where an environmental impact statement or an environmental assessment
and negative declaration have been prepared and issued in compliance with chapter 343,
Hawaii Revised Statutes, as amended.
(9) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
153 ZONING CO~D~E FE81S' 98
(b) Within ten days after filing an application for an agricultural project district, the
applicant shall serve notice of the application on surrounding owners and lessees of record as
provided by section 25-2-4.
(c) Within one hundred twenty days after an agricultural project district application has
been accepted by the director, the director shall forward the application to the commission,
together with the director's recommendation on the proposed agricultural project district, and
together with a proposed agricultural project district ordinance which establishes the
agricultural project district and provides standards and conditions for the district, including
permitted land uses, accessory uses, densities, heights, setbacks, and variances from the
requirements of this chapter, and from chapter 23 (subdivision control), if applicable, as
contained in the master conceptual plan for the agricultural project district.
(d) The commission shall review any agricultural project district application and shall
forward its recommendation on the application to the council through the mayor for the
council's consideration and action.
(1) In reviewing the application, the commission shall hold at least one public
hearing in the council district in which the proposed agricultural project district is located.
The commission shall provide reasonable notice of the date of the hearing to the applicant.
The commission shall also publish notice of the hearing in accordance with the requirements of
this chapter.
(2) Within ten days after receiving notice of the date of the public hearing, the
applicant shall serve notice of the hearing on surrounding owners and lessees of record as
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of
record of interests in other properties which the commission may find to be directly affected
by the proposed agricultural project district.
(3) Within ninety days after receipt of the application from the director, unless
a longer period is agreed to by the applicant, the commission shall transmit the proposed
agricultural project district ordinance together with its recommendation thereon through the
mayor to the council. The commission shall recommend approval in whole or in part, with or
without modifications, or rejection of such proposal.
154 ZONING COOD~E RR fiIS, O6
Section 25-6-55. Conditions imposed on agricultural project district.
(a) The council may impose conditions on the use of the property subject to the
agricultural project district, provided the council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfaze; or
(2) Reasonably conceived to fulfill needs directly emanating from the land uses
proposed with respect to protection of the public from the potentially deleterious effects of the
proposed uses, or fulfillment of the need for public service demands created by the proposed
uses.
(b) In addition to the conditions described in subsection (a), the council shall include
the following conditions in any agricultural project district ordinance:
(1) A description of each of the uses proposed in the agricultural project
district;
(2) The overall and average densities for dwelling uses established in the
agricultural project district;
(3) Any infrastructure requirements for the agricultural project district; and
(4) Any open space requirements for the agricultural project district.
Section 25-6-56. Review and approval of site plans.
(a) After adoption of an agricultural project district enabling ordinance, the applicant
shall submit to the director detailed site plans for the agricultural project district development.
The site plans shall conform to the agricultural project district enabling ordinance and shall
include the following:
(1) Plans for required infrastructure improvements;
(2) All items required for a plan approval application, as provided by section
25-2-72; and
(3) Any other information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) Within sixty days afrer acceptance of the site plans, the director shall either deny
or approve the plans.
155 ZONING COOO~E R BIS~O~N
(c) The director may approve site plans for an agricultural project district only if the
applicant has complied with all of the conditions contained in the agricultural project district
enabling ordinance and the site plans conform to the standards contained in the agricultural
project district enabling ordinance. The director may approve the site plans subject to
conditions, or the director may approve the site plans subject to certain changes in the
proposed site plans when, in the director's opinion, such conditions or changes are necessary
to carry out the purposes of the agricultural project district, this chapter and the considerations
contained in section 25-6-57.
(d) If the director fails to render a decision on the site plans within the prescribed
period, the site plans shall be considered approved without further certification by the director.
Section 25-6-57. Review criteria and conditions of approval. In reviewing site
plans for an agricultural project district, the director shall consider the proposed development
and uses in relation to the surrounding properties, improvements, streets, traffic, community
characteristics, and natural features, and to the agricultural and accessory residential uses
contemplated, and may require conditions or changes to assure:
(1) Adequate light and air, proper siting and arrangements of all structures and
improvements are provided;
(2) Existing and prospective traffic movements will not be hindered;
(3) Adequate off-street parking is provided to serve the development or use;
(4) Access to the parking areas will not create potential accident hazards; and
(5) Within reasonable limits, any natural and man-made features of community
value are preserved.
Section 25-6-58. Construction in conformity with approved site plans. Every
structure, development and use contained in site plans for an agricultural project district
approved by the director shall be constructed and developed in accordance with the terms,
specifications and conditions of approval for those site plans.
Section 25-6-59. Plan approval issued by approval of site plans. Plan approval
shall be considered issued when site plans for an agricultural project district are approved by
the director, as provided by sections 25-6-56 and 25-6-57, and no further action is required for
the issuance of plan approval under this chapter.
156 ZONING CODE REVISION
DRAFT 6-11/86
Section 25-6-59.1. Amendments. Any amendment to the conditions and standards
contained in an agricultural project district enabling ordinance shall be processed in the same
manner as the agricultural project district enabling ordinance, unless the council in the
agricultural project district enabling ordinance authorizes the amendments to be made by the
director. A request requiring an amendment of the enabling ordinance shall be submitted in
writing to the director, in lieu of the application required for an agricultural project district.
The request shall be accompanied by a filing fee of $250.
Section 25-6-59.2. Appeal of director's actions on agricultural projeM district site
plans. Any person aggrieved by the decision of the director in the issuance of a decision
regarding agricultural project district site plans may appeal the director's action to the board of
appeals, in accordance with this chapter, within thirty days after the written decision is issued
by the director.
157 20NING CODE REVISION
DRAFT a-17/98
~
Article 7. Special District Regulations
Division 1. Kailua Village Design Commission
Section 25-7-1. Purpose and applicability; boundaries.
(a) The purpose of the Kailua Village design commission is to advise the director in
matters concerning the design of buildings and structures and all public and private
improvements within Kailua Village.
(b) Kailua Village as used in sections 25-7-1 through 25-7-5 means that area bounded
by the following:
(1) Beginning at a point on the shoreline approximately four thousand feet west
of the old Kailua wharf, mauka along the west boundary of TMK: 7-5-05:10 and 68 to the
northwest corner of TMK: 7-5-05:68;
(2) Southeast and east along the mauka boundary of the existing RS-15 zone to
the west boundary of Kaiwi Street extension, mauka crossing Kuakini Highway along the west
side of the Kailua Industrial Subdivision crossing Queen Kaahumanu Highway, approximately
300 feet mauka running parallel and going east recrossing the Queen Kaahumanu Highway to the
eastern end of Kalani Street;
(3) Southwest along the makai side of the Queen Kaahumanu Highway and its
extension to the south side of the Kona Hillcrest Subdivision;
(4) Makai along the south side of the Kona Hillcrest Subdivision and along the
south side of the pazcels described as TMK: 7-5-30:23 and 24 to Kuakini Highway;
(5) Makai, crossing Kuakini Highway along the south side of the parcels
described as TMK: 7-5-18:1, 4, and 61, and TMK: 7-5-19:18 to the shoreline;
(6) North along the shoreline to the point of beginning and containing an azea of
approximately eight hundred twenty-five acres and as delineated on the map attached to
ordinance no. 628 (1974), as amended by ordinance no. 630 (1974).
Section 25-7-2. Design commission membership; appointment; term.
(a) The design commission shall consist of nine members who shall be appointed by the
mayor with the approval of the council. The members shall be representative of the Kona
district, provided that a majority of the appointive members shall have lived or worked in the
Kailua Village for a minimum of two yeazs prior to this appointment. The design commission
ZONING CODE REVISION
158 DRAFT 6-11/98
members shall include two design professionals (registered azchitects and/or landscape
architects), two members with backgrounds in building construction and/or engineering, two
' members with knowledge about historic Kona, its cultural values and resources, and the
remaining three members representing local business or property owners.
(b) The members shall serve staggered terms of three years. Upon the initial appointment
of the design commission, three shall serve for a term of one yeaz, three for a term of two yeazs,
and three for a term of three yeazs. When the term of a member expires, the member shall
continue to serve until a successor is appointed. Members whose terms expire may not be
reappointed to the design 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 yeazs time.
Except as provided for in this section, the design commission shall be governed by the County
charter.
Section 25-7-3. Rules of procedure. The design commission shall adopt rules of
procedure, pursuant to chapter 91, Hawaii Revised Statutes, relating to matters within the
design commission's jurisdiction.
Section 25-7-4. Powers and duties of the design commission.
(a) The design commission shall recommend to the director an architectural and design
concept of theme for Kailua Village that recognizes the desires and concerns of all public and
private interests.
(b) The design commission shall provide an architectural and design review of
applications requiring plan approval by the director. The design commission's review and
recommendations to the director shall be completed within thirty days from the date of the
design commission's receipt of the plans requiring plan approval. If a recommendation is not
received within the allotted period, the director shall continue to process the request for plan
approval.
(c) The design commission shall provide an architectural and design review of all
planned public improvements such as street widening, street lights, and so forth, as well as all
private improvements such as landscaping, structural painting, or any activity which will alter
the physical appearance of Kailua Village. The recommendations shall be forwarded to the
ZONING CODE REVISION
159 DRAFT 6-77/96
director within thirty days from the design commission's receipt of the proposal. If a
recommendation is not received within the allotted period, the director shall continue to
process the proposed activity.
(d) All of the design commission's advice and recommendations to the director shall
be consistent with the provisions of the County charter, general plan, zoning and all other
related ordinances and any publicly funded master plan developed for Kailua Village.
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 "O" (open) districts, within the area bounded by the western development area
limits of Kapiolani Street/Kaiulani Street, the Wailuku River, Hilo Bay and Ponahawai Street.
Section 25-7-21. Designation of CDH district. The CDH (downtown Hilo
commercial) district shall be designated by the symbol "CDH".
Section 25-7-22. Permitted uses.
(a) The following uses shall be permitted in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries.
(4) Automobile service stations or garages, excluding body and fenderworks,
electric tire rebuilding or battery rebuilding and provided that all work is conducted wholly
within a completely enclosed building.
(5) Bakeries.
ZONING CODE REVISION
160 DRAFT s-i uss
(6) Bars, cocktail lounges and night clubs.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses.
(9) Broadcasting stations or studios (radio and television).
(10) Business services.
(11) Car washing, provided that the facilities are not detrimental to the character
of the district.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Crop production.
(15) Display rooms for products sold elsewhere.
(16) Dwellings, double-family or duplex, with a maximum density of one
thousand square feet of land area per rentable unit or dwelling unit.
(17) Dwellings, multiple-family, with a maximum density of one thousand
square feet of land area per rentable unit or dwelling unit.
(18) Dwellings, single-family.
(19) Family child care homes.
(20) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown
and homemade products for more than two days a week, the director, at the time of plan
approval, shall restrict the hours of use, maintenance and operations and may require
improvements as determined appropriate to ensure its compatibility with the existing character
of the surrounding area.
(21) Financial institutions.
(22) Group living facilities.
(23) Home occupations, as permitted under section 25-4-13.
(24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(25) Hotels and apartment hotels with a maximum density of five hundred
square feet of land area per rentable unit.
ZONING CODE REVISION
161 DRAFT 6-11/96
(26) Laundries other than those utilizing steam cleaning equipment, provided
that the facilities are not detrimental to the character of the district.
(27) Manufacturing, processing and packaging, light, provided that the
activities are not detrimental to the character of the district.
(28) Medical clinics.
(29) Meeting facilities.
(30) Model homes, as permitted under section 25-4-8.
(31) Modeling agencies.
(32) Museums and libraries.
(33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
(34) Offices.
(35) Open air markets, provided that the activities are not detrimental to the
character of the district.
(36) Personal services.
(37) Photography and artist studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
(40) Repair establishments, minor.
(41) Restaurants.
(42) Retail establishments, provided that they are not detrimental to the
character of the district.
(43) Schools, business.
(44) Schools, photography, art, music, dance or other similar studios or
academies.
(45) Schools, vocational.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25~-8.
(48) Theaters, auditoriums and indoor sports arenas.
ZONING CODE REVISION
162 DRAFT' 8-11/96
(49) Utility substations, as permitted under section 25-4-11.
(b) Residential use in connection with the operation of any permitted use shall be
permitted in the CDH district.
(c) Buildings and uses normally considered accessory to the above uses shall also be
permitted in the CDH district.
Section 25-7-23. Height limit. The height limit in the CDH district shall be one
hundred twenty feet.
Section 25-7-24. Minimum building site area. The minimum building site area in
the CDH district shall be seven thousand five hundred square feet.
Section 25-7-25. Minimum building site average width. Each building site in the
CDH district shall have a minimum building site average width of sixty feet.
Section 25-7-26. Minimum yards. Front, rear and sides: none, except as required
by plan approval.
Section 25-7-27. Other regulations. Plan approval is required for all new structures
and additions to existing structures in the CDH district.
ZONING CODE REVISION
163 DRnFr s-i vss
Article 8. Zoning Map, District and Urban Zone Maps.
Section 25-8-1. Maps incorporated by reference. The maps described in this article
delineate the zoning districts designated in article 5 of this chapter and are hereby incorporated
by reference to this chapter. A copy of each map referred to shall be filed in the planning
department.
Section 25-8-2. North and South Kona districts zone map. North and South Kona
districts zone map, as adopted on February 17, 1967, by the commission and marked
thereupon as section 7.01.
Section 25-8-3. North Kona zone map. North Kona zone map, as adopted on
February 17, 1967 by the commission and marked thereupon as section 7.02.
Section 25-8-4. South Kona zone map. South Kona zone map, as adopted on
February 17, 1967 by the commission and marked thereupon as section 7.03.
Section 25-8-5. Kailua urban zone map. Kailua urban zone map, as adopted on
February 17, 1967, by the commission and marked thereupon as section 7.04.
Section 25-8-6. Kailua-Honalo urban zone map. Kailua-Honalo urban zone map, as
adopted on February 17, 1967 by the commission and marked thereupon as section 7.05.
Section 25-8-7. North and South Kohala districts zone map.
Section 25-8-8. Upolu Point-Kaauhuhu homesteads zone map.
Section 25-8-9. Hawi-Kapaau zone map.
Section 25-8-10. Halaula-Niulii zone map.
Section 25-8-11. Lalamilo-Puukapu zone map.
Section 25-8-12. Kawaihae-Puako zone map.
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.
164 ZONING CODE REVISION
DRAFT 6-11/96
Section 25-8-18. Paauilo-Kukalau zone map. Paauilo-Kukaiau zone map, marked
thereupon as section 7.14.
Section 25-8-19. North Hilo district zone map. North Hilo district zone map,
marked thereupon as section 7.15.
Section 25-8-20. Ookala zone map. Ookala zone map, marked thereupon as section
7.16.
Section 25-8-21. Laupahoehoe-Ninole zone map. Laupahoehoe-Ninole zone map,
marked thereupon as section 7.17.
Section 25-8-22. Puna district zone map. Puna district zone map, marked thereupon
as section 7.18.
Section 25-8-23. Volcano-Mt. View zone map. Volcano-Mt. View zone map,
marked thereupon as section 7.19.
Section 25-8-24. Kurtistown zone map. Kurtistown zone map, marked thereupon as
section 7.20.
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-Kalmu 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
165 ZONING CODE REVISION
DRAFT fi-11 /96
(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.
Section 25-8-35. Pepeekeo zone map. Pepeekeo zone map, marked thereupon as
section 7.31.
Section 25-8-36. Hakalau-Honomu zone map. Hakalau-Honomu zone map, marked
thereupon as section 7.32. "
SECTION 3. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. The director shall adopt rules by March 31, 1997 pursuant to chapter 91,
Hawaii Revised Statutes, necessary for the implementation of the provisions relating to farm
dwellings.
SECTION 5. Any application for a zoning amendment filed by a property owner
which, as of November 1, 1996, has been determined by the Planning Director to be accepted
for processing, may, at the property owner's request, continue to be processed in accordance
with the Zoning Code in effect as of the date of the Director's acceptance of such application;
provided, however, that any provisions of the Zoning Code adopted by this ordinance relating
to (a) notice to the public, neighboring property owners and lessees and (b) the procedures for
processing a zoning amendment application shall apply. In the event that a zoning amendment
request, processed pursuant to this section, is not forwarded by the Commission through the
Mayor to the Council by the adoption of an ordinance within six months from the effective
date of this ordinance, the requested amendment must thereafter be processed in accordance
with the provisions of the Zoning Code adopted by this ordinance.
SECTION 6. Any application for a permit or approval authorized by this chapter,
other than a zoning amendment application, which, as of November 1, 1996 has been
166 ZONING CODE REVISION
DRAFT 6-1 l /96
determined by the Planning Director to be accepted for processing, may, at the applicant's
request, continue to be processed in accordance with the Zoning Code in effect as of the date
of the director's acceptance of such application; provided, however, than any provisions of the
Zoning Code adopted by this ordinance relating to (a) notice to the public, neighboring
property owners and lessees and (b) the procedures for processing the permit or approval
application shall apply. In the event that a permit or approval request, processed pursuant to
this section, is not issued by the director or commission, as appropriate, within sixty days
from the effective date of this ordinance, the request permit or approval request must
thereafter be processed in accordance with the provisions of the Zoning Code adopted by this
ordinance.
SECTION 7. The Clerk of the County of Hawaii is directed to insert the effective date
of this ordinance.
SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
f
COUNCIL ME BER, C U TY 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:
167 ZONING CODE REVISION
DRAFT 6-11 /96