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Date Introduced: August 17, 1966 - Date Approved: September 21, 1966 - Date Effective: September 21, 1966 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. ~'~ ~. /i~ COUNTY CLERK COUNTY OF HAWAII / _ <, Bill No. 411 COUNTY OF HAWAII -STATE OF HAWAII ORDINANCE N0. 395 AN ORDINANCE OF THE COUNTY OF HA4JAII, STATE OF HAWAII, ESTABLISHING PROCEDURES FOR THE DIVISION OF THE COUNTY INTO LAND USE DISTRICTS: CREATING REGULATIONS FOR THE TYPE, SIZE, PLACEMENT AND CONTROL OF STRUCTURES, OF THE USE OF LAND AND STRUCTURES WITHIN EACH OF THE VARIOL6 DISTRICTS: SPECIFYING PROCEDURES FOR THE ADMINISTRATION, ENF(.>FtCEN;ENf AND AMENDMENT HEREOF: AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. 8E IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII: Section 1. TITLE This Ordinance shall be known as the Zoning Ordinance. Section 2. ADMINISTRATION This Ordinance shall be applied and administered within the framework of the "County General Plan" which is a long range, comprehensive, general plan prepared or being prepared to guide the overall future development of the County. Said "County General Plan" shall consist of that portion of the "State's General Plan" that applies to the County, or such lesser portion thereof as the County may adopt, together with those "Comprehen- sive or General Plans" f'or sections of the County which may hereafter be adopted as amendments to or portions of the "County General Plan." Section 3. DEFINITIONS A. As used in this Ordinance certain words, terms and phrases are defined as follows: 1) Al1eY: i, narrca :;tr~et through a block primu.rily for access bye ,:^r~ ice vehicles to th'e=~tiaek onside- of 'properties fronting on another street. 2) Apartment house: (See "Dwelling, multiple.") 3) Building: The word "building" includes the word "structure." 4) Building, accessory: A building detached from and subordinate to a main building on the same building site and used for purposes customarily incidental to those of the main building. 5) Building, community: A building for civic, social, educational, cultural and recreational activities o£ a neighborhood or coumtunity group or association and not operated primari],y for financial gain. 6) Building, existing: Any building upon which construction was lawfully begun or completed prior to the effective date of this Ordinance or any subsequent amendments hereto. 7) Building height: The vertical distance measured between the average level of the finished ground surface adjacent to the building and the upper-most point of the building excluding only those features which may exceed the dish ~i~t height limits. (See Section 30, Subsection E.)u.d. No..._..._.:.Z....:__._~ F11o No. _.._._..-..__ ~,;: N au^c~~ s bEP Z 116 8) Building line: Aline on a lot indicating the limit beyond which buildings or structures may not be erected. 9) Building, main: A building in which is conducted a principal or main use on the building site on which it is situated. 10) Building site: A parcel of land occu,,PPied or to be occupied by a principal use and accessory uses and/or a building or group of buildings which parcel complies with all the requirements of this Ordinance relating to building sites. It includes the words "lot" and "plot." 11) Building site, average width: That figure obtained by dividing the total area of the parcel of land by the maximum depth of such parcel measured in the general direction of the side lines. (See Section 30, Subsection C.S.) 12) Care Home: A facility which provides general or rehabilitative care incident to old age or disability to two or more persons unrelated to the operator for which care payment is received. These homes exclude admission of residents less than semi- ambulatory or those needing long-term nursing care. 13) Citv_ of Hilo: All of that portion of the district of South Hilo, County of Hawaii,ivhich 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 and on the east by the sea. L+) Commercial amusement establishment: Any place where entertainment or amusement is provided where the public on a commercial basis may observe or jcin in the activities. (See Section 18, Sub- section B,21.) 15) Co~nercial excavation: Any excavation or removal of natural materials not related to or not occasioned by an impending development of the site of such excavation. 16) Conforming: In compliance with the regulations of the pertinent district. 17) Construction, be~innin~ o£: The actual placing of construction materials in their permanent position, fastened in a permanent manner. 18) Density: The number of persons, or dwelling units or rentable units for a particular unit of (gross) land area. (l,dhen used with the terms low, medium, high, etc., it denotes relative comparison only among the various districts or areas in the County.) 19) Director: The Director of the County Planning Commission. 20) Drive-In: An establishment dispensing food and/or drink and catering to customers who remain in, or leave and return to, their automobiles for consumption of said food or drink on the premises; and shall further include any business designed for serving customers at a "drive-up" window or while they are in their car. - 2 - 21) Dwelling: A building or part thereof designed for and/or used for residential occupancy and containing one or more dwelling units. 22) Dwelling unit: One or more rooms designed for or containing or used as the complete facilities for the cooking, sleeping and living area of a single-family only and occupied by no more than one family. 23) Dwelling, single-family: A building containing only one dwelling unit. 24) Dwelling, duplex or double-family: A building containing only two dwelling units. 25) Dwelling, multiple: A building containing more than two dwelling units . 26) Dwelling, mobile: 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. 27) Easement: An acquired privilege or right of use or enjoyment which an individual, £irm, corporation, unit of government, or group of individuals has in the land of another. 28) Erected: The word "erected" includes "constructed," "reconstructed," "altered," "placed," or "moved." 29) Family: An individual, or two or more persons living together as a single domestic housekeeping group in a dwelling unit, as distinguished from a fraternity or sorority or a group occupying a boarding house, rooming house, lodging house, dormitory, motel, hotel or other commercial lodging house, dormitory, motel, hotel or other commercial lodging establishment. 30) Floor area, gross: The total area of all floors of a building including a baserrent measured along the exterior walls of such building. 31) Floor area, net: The total gross floor area of all buildings occupying a parcel exclusive of floor area permanently allocated £or parking or loading spaces. 32) Future width lines: Lines established for purposes of future widening of an existing street and establishing the front property line of affected property. The area within these lines or between a future width line and an existing street right-of-way line, shall be deemed to be street right-of-way. (See Section 29, C. and D.) 33) Frontage: That portion of a parcel of property which abuts on a road, street, or highway which affords access to the property. 34) Guest house: A detached accessory building used as sleeping quarters for guests of the occupants of the main dwelling on a non-commercial basis and having no cooking facilities. -3- F 35) Guest or resort ranch: :an establishment with its surrounding land which offers recreational facilities such as riding, swimming, hiking, e.c., and supplemental living accormnodation. 36) Home occupation: Any. use customarily conducted entirely within a dwelling and carried on solely by the inhabitants thereof, in connection with which there are: no display visible from outside the building; no mechasv_cal equipment used except as is normally used for domestic or household purposes; and no selling of any commodity on the premisia; which use is clearly incidental and secondary to the use of the d~.aelling for dwelling purpose and does not changa the character thereof. The office, studio, or occupational room or' an architect, artist, engineer, lawyer or other similar professional person; business conducted entirely by phone or by mail (not involving frequent bulk shipments); and an office for doing "homework" of a person in business elsewhere; all shall be permitted as home occupations except that no activity involving, encouraging, or depending upon freouent visits by the public and no shop or clinic of any type shall be deemed to be a home occupation. 37) Hospital: An institution in which patients or injured persons are given medical or surgical care. (Unless otherwise specified this means for persons only.) 38) Hotel: A building containing sleeping accomodations in six or more rooms for use of persons, on a commercial basis whether such establishment is called a hotel, inn, motel, motor hotel, motor lodge, or otherwise, which rooms do not constitute dwelling units. 39) Junk ,yard: The use of more than 200 square feet of land for storage or keeping of junk or scrap or waste materials; or the use of any area for the dismantling or wrecking of vehicles or machinery or for stn rage of parts resulting therefrom. 40) Kennel: Any premises keeping or having more than four dogs more than four months of age which are kept, boarded, or trained, whether in special buildings and/or runways or not, and operated on a commercial basis. 41) Landscape or Landscaping: To improve by landscape architecture or gardening. 42) Land Use: See "Use, land." 43) Lot: A building site as defined and used herein or a portion of land shown as a unit on an approved and recorded subdivision map. 44) Lot line: Any boundary of a lot (property line). 45) Lot line, interior: Arty line of the lot other than the street frontage. 46) Lot line, rear: The lot line that is generally opposite the street frontage. 47) Mall: A public vralk for pleasure, display, circulation, activity, relaxation, or exercise and composed of shrubs, trees, flowers, and street furniture. Interchangeable vrith promenade. Piinimum width is 20 feet. -4- 48) Mobile home park or mobile dwelling park: Any space that is occupied or designed for occupancy by one or more mobile dwellings. 49) Non-conforming building or parcel: A building or parcel lawfully in existence but which does not comply with the regulations for the district in which it is located. 50) Non-conforming use: A use lawfully in existence at the time of adoption of this Ordinance or a later amendment hereto but which does not conform to the regulations for the district in which it is located. 51) Older Communities: Designated areas within developed land that have established a community character due to the age of the physical improvements and being substandard in any one of the mininnzm building, street, water or sewage disposal requirements of the County. (See Section 35, Subsection A.3,) 52) Pedestrian UTay: ~1 public right-of-way through a block between lots for pedestrian traffic, which may also be used as a utility easement, ilaximum width is 20 feet. 53) Pik: Any parcel or premises where five (5) or more weaned hogs are maintained. 54) Plan lines for future streets: Lines established for the purposes of future street construction and establishing the front property line of affected property. The area within these lines shall be deemed to be street right-of-way. (See Section 29, E. and F.) 55) Rentable unit: ': separate room or rooms for sleeping accommoda- tions let, rented, or leased as a unit by the room or suite; however, in the case of sleeping accommodations let or rented by the bed, then a ren+.able unit shall be two beds. 56) Resort area: .an area with facilities to accommodate the needs and desires primarily of visitors, tourists acid transient guests. 57) School: A place for teaching, demonstration, or for learning. However, unless othen~ise oualified the word "school" shall mean a place for primarily academic instruction equivalent to what is commonly known as kindergarten, grade school, high school, college or a combination of same. 58) Std: That part, of any building between 'the base of a finished floor and the top of the finished ceiling next above it. 59) Street: A private or public way or thoroughfare, however designated, which affords the principal means of vehicular axe3s to abutting properties. 60) Street frontage: That portion of a building site that has a common line with a street right-of-way line and said street frontage is designated as the front property line. 61) Structure: Any combination of materials forming arty construction the use of which requires location on the ground or attachment to something having location on the ground. The word "structure" shall be construed as though followed by the words "or part thereof." -5- 62) Use: The purpose to which land and/or any structure or improve- ment thereon is or may be put. (The word "use" is synonymous with terms "land use" and "use o£ land" unless the context clearly indicates otherwise.) 63) Use, accessory: A use which is customarily associated with and subordinate to the main or principal use and which is located on the same building site therroioith. 64) Use, land: The v;•ord "land use" shall include "use of land," "building use," and "use of building." 65) Used: The word "used" shall include "designated, intended or arranged to be used." 66) Vista: Along view; an exceptional view; a panoramic view; also the overlook or point from which such view is available. 67) Yard: An open space on the same lot with a building, which open space lies between the building and the bounding lot lines, and is unoccupied and unobstructed from the ground upward except for landscaping and except for certain features specified in Section 30, D. 68) Yard, front: A yard lying between the street line on which the lot Fronts and a line parallel thereto which runs through the point of the building nearest to said street line. (The depth of said yard is the distance between the parallel lines.) (See Section 30, Subsection D.3.) 69) Yard, rear: 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.) (See Section 30, Subsection D.Li and 5.) 70) Yard, side: A yard lying betti.*een the front yard, the rear yard, the side lot line and a line parallel thereto which runs through the point of the building nearest to said. lot line. (The width of said yard is the distance bet;•reen the parallel lines.) 71) Zone: A "district" as used herein. Section 4. DESIGNATION OF DISTRICTS A. The land use districts of the County shall consist of the following districts: 1) RS, Single Family Residential Districts (Section 9.) 2) RD, Double Family Residential Districts (Section 10.) 3) RM, Piultiple Family Residential Districts (Section 11.) 4) RA, Residential and Agricultural Districts (Section 12.) 5) A, Agricultur~.l Districts (Section 13.) b) U, Unplanned Districts (Section 14.) -6- 7) V, Resort-Hotel Districts (Section 15.) 6) CO, Commercial Office Districts (Section 16.) 9) CN, Neighborhood Commercial Districts (Section 17.) 10) CG, General Commercial Districts (Section 16.) 11) CV, Village Commercial Districts (Section 19.) 12) ML, Limited Industrial Districts (Section 20.) 13) MG, General Industrial Districts (Section 21.) 14) 0, Open Districts (Section 22,) 15) Combining Districts (Section 5.) Section 5. DESIGNATION OF COI-iBINING DISTRICTS A, "Combining Districts" shall consist of the following special purpose districts: 1) S, Safety Districts (Section 26.) Section 6. METHOD AND EFFECT OF ESTABLISHI•IENT OF DISTRICTS A. At~y of the districts listed in Sections 4 and 5 hereof are or may be established for any portion of the County in map form as Section 7, 7.01, 7.02, etc., or described by metes and bounds description or other appropriate means as Section 6, 6.01, 8.02, etc., under procedure set forth in Ordinance No, 321 of the County of Hawaii, 1965. In case of conflict between the "Zoning Map" and metes and bounds delineating district boundaries the latter shall control. (See Section 6.E.) B. Sections 7 and 6 hereof shall constitute the "Zoning Map" of the County o£ Hawaii, an up-to-date copy of which shall be kept for public display in the office of the Planning Commission. C. The "Zoning I~iap" and all notations, references, data and other inform- ation shown thereon shall be a part of this Ordinance. The adoption of or the chang~.in the boundary of any district shall be by drdinunc~ and-shall constitutes ari amendment to this Zoning Ordinance:. D. Application of District Regulations: The provisions of this Ordinance for each district shall apply uniformly to each class or kind of structure or land within said district, except as hereinafter or otherwise provided: 1) No building, structure, or land shall hereafter be used or occupied, and no building or structure shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which such structure, land or premises is located. 2) No building or other structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; -7- to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein permitted; or in any other manner contrary to the provisions of this Ordinance. 3) No part of a yard, or other open space, or of£-street parking or loading space reauired about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. Li.) No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance. E. Rules for Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of any of the aforesaid 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 such center lines; 2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3) Boundaries indicated as approximately following city limits shall be construed as following city limits; 4) Boundaries indicated as following shore lines shall be construed to follow high water lines, and in the event of change irithe shore line shall be construed as moving with the actual high water lines; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or othex• bodies of water shall be construed to follow such center lines; 5) Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the "Zoning Map" shall be determined by the Director scaling the distance on the "Zoning Map.° 6) l^,'here physical or cultural features existing on the ground vary from those shown on the "Zoning Map," or in other circumstances not covered by Subsections 1 through 1,, the Director shall determine the location of such boundaries. (See Section 6.A.) Section 7. 7.01, 7.02. etc. (These sections shall consist of sections of the "Zoning I~'!ap" and shall delineate district boundaries, building lines, future width lines, future streets and other information in map form.) Section 8. $.01, 8.02. etc. (These sections shall consist of sections of the "Zoning Uap" and shall describe district boundaries, building lines, future width lines and future streets by metes and bounds or by other appropriate means.) _ g _ Section 9. REGULATIONS FOR RS, SINGLE FAMILY RESIDENTIAL DISTRICTS A. PURPOSE AND APPLICABILITY This district provides fox low density residential area, for urban and suburban family life. It applies to areas having facilities and to carry out the above stated purpose. B. PERMITTED USES 1) Single family dwellings. 2) Golf courses where the edge of a tee or green is not closer than one hundred (100) feet to any property line. 3) Country clubs and golf club houses where no structure or activity area such as pools, games, etc. is located closer than two hundred (200) feet to any property line. 4) Neighborhood parks, playgrounds, tennis courts, wading pools and similar neighborhood recreational areas and uses. 5) Growing and gathering of crops, fruits, vegetables, flowers, trees and other plants provided no separate building for retail outlet is constructed. b) Home occupations. 7) Buildings and uses normally considered directly accessory to the above permitted uses. C. HEIGHT LIMITS: Two and one-half (2-1/2) stories but not higher than thirty-five (35) feet. D. T~IINIMUM BUILDING SITE AREA AND DESIGNATION OF DISTRICTS 1) Each RS 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. 2) No RS district shall be designated as having a minimum building site area of less than 7,500 square feet (except as indicated in Sections 33 and 34)• E. MINIMUM BUILDING SITE AVERAGE WIDTH Each building site in a RS district shall have a minimum average width of sixty (60) feet, plus two (2) feet for each five hundred (500) sauare feet of required building area in excess of 7,500 square feet, except that no building site shall be required to have an average width of more than one hundred fifty (150) feet. F. MINIMUM YARDS 1) Ori a building site in a district with a required area of 7,500 to and including 9,999 square Feet; Front and rear yards, fifteen (15) feet; side yards, eight (B) feet. -9- 2) On a building site in a district with a required area of 10,000 to and including 19,999 square feet; front and rear yards, twenty (20) feet; side yards, ten (10) feet. 3) On a building site in a district with a reouired area of 20,000 square feet or more; front and rear yards, twenty-five (25) feet; side yards, fifteen (15) feet. G. CYPHER REGULATIONS (See Section 30.) 1) There may be more than one single family dwelling on each building site provided there is not less than the required minimum building site area for each dwelling. 2) If a legal building site in any RS district has less area or average width -than is required, then the yard requirements for said building site shall be the saner as in the RS district having the largest requirements for *.ahich said building site can comply. 3) The required off-street parking shall be in a garage or carport or in a location where it wou:'_d be permissible to erect a structure to cover such space. Section 10. REGULATIONS FOR RD, DOUBLI: F'A.MILY RESIDENTIAL DISTRICTS A. PURPOSE AND APPLICABILITY This district provides for moderate density areas characterized by the establishment of one or two families on each building site. It applies to areas with deveoued community facilities. It may occupy a transitional area bettivmen RS dis+,ricts and those districts having a much more inters= use o'_' land. E€. PERMITTED USES 1) Same as the "Permi.tted ?Jses' in RS districts. 2) Structures to house ttiro families, either as a duplex or as two separate singly family dweLr__ings. C. HEIGHT, AREA, 1~dIDTH AND YARi~ F~.GULATIONS 1) Same as for RS districts but utilizing the symbol "RD" followed by a number for minimum building site area designation. D. OTHER REGULATIONS (See Section 30.) 1) There shall be no more than cwo dwelling units erected on any building site in a RD district. 2) Distance between buildings. There shall be at least fifteen (15) feet between two single family dwellings on the same building site. 3) If any legal building site in any RD district has an area of less than 6,500 square feet, then the use of the site is limited to one dwelling unit. 4) Location of required off-street parking: same as RS districts. 10 Section 11. REGULATIONS FOR RIi, I-NLTIPLE FAi~1ILY RESIDENTIAL DISTRICTS A. PURPOSE AND APPLICABILITY This district provides for I:igh density residential use. It covers areas with full community Facilities and services. It may occupy transition areas between commercial or industrial areas and other districts of less intense lend use. B;. PERMITTED USES 1) Same as the "Permitted Uses" in RS and RD districts. 2) Boarding, rooming or lodging houses. 3) Clubs, lodges, social orders and fraternal organizations. 4) Apartments. 5) Incidental and subordinate commercial or personal service uses that display no signs and have no direct access from any street frontage in apartment buildings with fifty (50) or more rental units. 6) Buildings and uses normally considered directly accessory to the above permitted uses. C. HEIGHT LIMITS: `t'hree (3) stories but not higher than forty-five (45) feet except that a"use permit" may be granted for a four (4) story building with a maximum height of sixty (60) feet if the Planning Commission finds, in addition to the requirements contained in Section 35, that the taller building will not dominate the landscape and in the City of Hilo, ten (10) story but not higher than one hundred twenty (120)feet; Kailua-Kona, seven (7) story but not higher than ninety (90) feet. D. MINIMUM BUILDING SITE AREA AND AVERAGE §JIDTH Each building site shall contain a minimum area of 7,500 square feet with a m;n;mum average vaidth of sixty (60) feet. E. MINIMUM YARDS 1) Front and rear yards: Twenty (20) feet. 2) Side yards: For a one story building, eight (8) feet; and an additional two (2) feet more for each additional story permitted. F. OTHER REGULATIONS (See Section 30.) 1) There may be more than one main building on any building site. 2) Distance betvaeen buildings on the same building site shall be at least fifteen (15) feet. 3) District designation and density. a. Each district shall be designated on the "Zoning Pap" by the symbol "RP4" followed by a number which shall indicate the required land area, in thousands of square feet for each - 11 - dwelling unit or for each separate rentable unit in the case of boarding, rooming or lodging houses, clubs, lodges, fraternity or sorority houses. b. In case any of the permitted uses have dormitories, then the land area requirement shall mean for each two beds. c. The maximum density designation shall be Rbt-~75 which means 750 seuare feet of land area per dwelling unit or separate rentable unit. d. The following increments between the various district designa- tions shall be used: .75, 1, 1.5, 2, 2.5, 3, 3.5, 4 and upward in increments of 500 seuare feet. 4) Plan approval is required of all uses and buildings. (See Section 32.) Section 12. REGULATIONS FOR RA, RESIDENTIAL AND AGkICULTURAL DISTRICTS A. PURPOSE AND APPLICABILTFY This district provides for low density large lot suburban or rural areas where the principal use is residential mixed with compatible agricultural uses. It may be characterized by "residential estates," "small farms," or "subsistence lots." B. PERMITTED USES 1} Single family dwellings (only one per building site). 2) Botanical gardens, nurseries and green houses, seed farms, plant experimental stations, arboretums, floriculture and similar uses dealing with the growing of plants. 3) Truck gardening, crop, bush and tree farming and all forms of plant agriculture. 4) Physical processing (exclusive of cooking and canning), storage and sale of plant products produced on the premises provided that the site or buildings used for such processing, storage or sale shall be located at least 75 feet from any street bounding the property. 5) The raising or keeping of animals, with the exception of pigs, for home use or for sale elsewhere subject to the requirements of the Department of Health and approval of the Director. a. 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 60 feet from any residence. In case the adjoining lot is vacant and subsequently a residence is built on that lot, the animal enclosure sha]1 be moved to conform to this requirement. 6) Golf courses, country clubs, swimming parks, tennis clubs and courts, and other similar recreational uses. - 12 - 7) Public parks, public playgrounds and other similar public recreational areas that are essentially open lands. 8) Home occupations. 9) Commercial or boarding stables, when on a parcel of land containing at least five (5) acres. 10) Private clubs, lodges, hunting and fishing lodges, fraternal and social orders. 11) Guest or resort ranches. 12) Airfields, heliports and private landing strips. 13) Driving ranges, drive-in theatres, stadiums, sports arenas and other similar open air recreational uses. ].1,.) Veterinarian's office, clinic or animal hospital involving in-patient boarding only. 15) Pigs, subject to the requirements of the Department of Health and the development character of the neighborhood, and when on a parcel of land containing not less than three (3) acres. a. Any building or enclosure for the keeping o£ pigs must be at least sixty (60) feet from any property line. 16) Building and uses accessory to the above permitted uses and subject to approval of the Director. C. HEIGHT LIMITS: Two and one-half (?_-1/2) stories but not higher than thirty-five (35) feet. D. NffNIMUM BUILDING SITE A;?.F:tl AND DISTRICT DESIGNATION 1) Each district shall be designated on the "Zoning Map" by the symbol "RA" followed by a number and the small letter "a" which shall indicate the required number of acres per building site. (e.g. RA-la means a Residential Agricultural District with a minimum building site area of one (1) acre.) 2) The minimum area to be designated for any RA district shall be one-half acre (-1/2a) and other districts may be designated in increments o£ 1/2 acre up to a recommended maximum of three acres (-3a) but this does not specify ax~y absolute upper limit. E. MINIMUM BUILDING SITE AVERAGE tidIDTH Each building site must have a minimum average width of one hundred (100) feet for one-half (1/2) acre of required area plus twenty (20) feet for each additional one-half (1/2) acre of required area except that no building site shall be required to have an average width of greater than three hundred (300) feet. F. MINIMUNI YARDS 1) Front and rear: Tirenty-five (25) feet. 2) Sides: Fifteen (15) feet. - 13 - G. OTHER REGULATIONS (See Section 30.) 1) If any legal building site in any RA district has less than one- half acre of area, then the uses permitted and the regulations for all structures shall be the same as in an RS district having an area requirement nearest that of the building site in question. Section 13. REGULATIONS FOR A, AGRICULTURAL DISTRICTS A. PURPOSE AND APPLICABILITY This district provides for agricultural and very low density residen- tial use, those rural lands suitable for agriculture and/or those suburban and rural lands having potential suitability for other uses but the time for zoning for such other uses is not yet appropriate or facilities to accommodate the expected density are not yet available. It applies to rural areas of good to marginal agricultural and grazing land or suburban or rural area subject to urbanization, and a higher density use. B. PERDIITTED USES 1) Single family dwellings (only one per building site). 2) All forms of agriculture; the growing and gathering of crops, fruits, vegetables, flowers, trees, and other plants; the raising and keeping of animals and fowls except as listed in Item 9; the physical processing, storage and sale of the products produced on the premises. 3) Golf courses, country clubs, parks, playgrounds, tennis courts and other similar recreational areas that are essentially open lands and where none of the recreational features are entirely enclosed in a building. 4) Private clubs or lodges, hunting or fishing lodges, and fraternal or social orders. 5) Trailer parks with density of 3,500 square feet of land area per trailer and with °Plan Approval" of the Director. b) Home occupations. ~) Dormitories and additional single family dwellings for persons employed on the premises when found to be necessary to the conduct of an agricultural use by the Director. 8) Public dumps. 9) Piggeries, apiaries, and pen feeding of livestock vrhen not closer than 1,000 feet to any major public road or to any district other than a "U" on sites approved by the Department of Health and the Director. 10) Airfields, heliports, and private landing strips. 11) Commercial fertilizer yard utilizing only manure and soil. 12) The killing, slaughtering or dressing for market of animals produced on the premises. - 14 - 13) Fish and poultry hatcheries. 14) Processing, storage, packing, shipping and sale of products produced on the premises provided tke site or building used for such activity shall be at least one hundred (100) feet from any property line. 15) Riding academies, rental or boarding stables, dog kennels and catteries. 16) Animal hospitals. 17) Commercial excavation or removal of natural building material or minerals. 18) Guest ranches. 19) Hunting and fishing lodges and preserves. 20) Use and buildings normally considered accessory to the above permitted uses subject to approval of the Director. C. HEIGHT LIMITS: Three (3) stories but not higher than forty-five (45) feet. D. MINIMUM BUILDING SITE AREA AND DISTRICT DESIGNATION 1) Same as in RA districts except the symbol "A" shall be used. (e.g. A-l0a means an Agricultural District with a required building site area of ten (10) acres.) 2) The minimum area to be designated for any A district shall be one (1) acre (-la) and other districts having larger areas may be designated in increments of one (1) acre up to a recommended maximum of forty (40) acres. E. MINIMUM BUILDIiG SIT, AVERAGL^^; i^~IDTH Each building site must have a minimum average vaidth of one hundred twenty (120) feet for the first one (1) acre of required area plus twenty (20) feet for each additional acre of required area. The maximum required average width for any building site shall be 1,000 feet. F. MINIMUM YARDS: Front and rear, thirty (30) feet; and sides, twenty (20) feet. 1) Accessory buildings and enclosures, with the exception of fences under eight (S) feet high, for the shelter or confinement o£ any livestock shall be at least one hundred (100) feet from the front property line. G. OTHER REGULATIONS (See Section 30.) 1) If any legal building site in any A district has an area of less than one (1) acre, the uses permitted and the regulations for all structures on said building site shall be the same as in a RA district having an area reouirement nearest that of the subject building site. - 15 - .~ Section 14. REGULATIONS FOR U, UNPLANNED DISTRICTS A. PURPOSE AND APPLICABILITY This district applies to areas not subjected to sufficient studies to adopt specific district classification. Ef. PERMITTED USES 1) Single family dwellings (one per building site). 2) Agricultural uses and buildings. a. All buildings and pens used for the e nclosure of animals, except a boundary fence, must be at least one hundred (100) feet from any property line and fifty (50) feet from any residence. 3) Processing, handling, and sale of agricultural products produced on the premises if done at least one hundred (100) feet from the front property 7_ine. 4) Home occupations. 5) Piggeries and appiaries on sites approved by the Department of Health and the Director. 6) Hunting and fishing preserves or lodges. 7) Accessory buildings and uses. C. HEIGHT LIMITS: Three (3) stories but not higher than forty-five (45)feet. D. NIINIMUPS BUILDING SI'PE AREA: Five (5) acres. E. MINIMUP4 BUILDING SITE AVE1AGE 1dIDTH: Two hundred eighty (280) feet. F. MJNIMUM YARDS: There shall be a thirty-(30) foot yard adjacent to all property lines. G. OTHER REGULATIONS (See Section 30.) 1) In order to assure that development is orderly and many small parcels of land do not come into existence prior to more comprehensive zoning, each main use or main building shall be located on a building site having not less than five (5) acres. Section 15. REGULATIONS FOR V, I?ESORT-HGTEL DISTRICTS A. PURPOSE AND APPLICABILITY This 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 i-There suitable alternative private facilities are assured. It may apply 'to a single isolated hotel or resort with or without a commercial mall. or shopping section. B. PERNLITTID USES 1) Hotels, resorts, resort motels. 2) Apartment houses containing at least four (4) dwelling units, and provided that they are developed as supporting uses to the resort development. -L6- 3) Commercial uses of the following types when subordinate to and located in a hotel or main resort building and oriented so that access to such uses is not available directly from arty street or adjoining property: coffee shop; snack bar; restaurant; tap room; bar; cocktail lounges; night club; magazine and newsstands; tobacconist; camera shop and accessories; travel service counters; florist shops; novelty shops; specialized clothing shops; personal service uses; drug store; specialized £ood shop (as opposed to the general store); "art in action" booths or shops (the making, displaying and sale of objects of art, small handcraft objects, hand weaving or spinning products, jewelry, paintings, hand made pottery or figures, hats or other very similar products). 4) Parking lots or buildings, taxicab stations and offices. 5) Small boat harbors and docks. 6) Dance pavilions, open-air theatres or theatres for stage production or for motion pictures. 7) Travel agencies and tourist information centers. 8) Other uses which the Director determines to be necessary to the proper functioning of a resort area. 9) Preliminary plans indicating use of land and proposed structures shall be submitted with the zoning application to the Director for his review. (See Section 32.) C. HEIGHT LIMITS: No main building or structure shall exceed a height of forty-five (45) feet or contain more than three (3) stories except that a "use permit" may be granted fora four (L~) story building with height limits of sixty (60) feet, if the Planning Commission finds that the additional height will not render the building conspicuous in relation to its natural surroundings; and in the City of Hilo, ten (10) stories but not higher than one hundred twenty (120) feet; Kailua-Kona and Keauhou Hay, seven (7) stories but not higher than ninety (90) feet; and said areas have been delineated and designated on the "Zoning biap" by ar. alphabet H after V (VH .75). D. MINIMUM BUILDING SITii, ARE!{ AND AVERAGE U-ZDTH Each building site shall contain a minimum area of 15,000 square feet having an average width o£ ninety (90) feet. E. MINIMUM YARDS 1) Front yards: Twenty (20) feet. 2) Rear yards: Twenty (20) feet. 3) Side yards: Eight (8) feet for one (1) story; and an additional two (2) feet more for each additional story permitted. F. OTHER REGULATIONS (See Section 30.) 1) There may be more than one main kuilding on any building site. 2) Distance between main buildings on one building site shall be at least fifteen (15) feet. - 17 - 3) District designation and density shall be the same as in RM districts except that the symbol "V" shall be used. a. Maximum density for any V district shall be no more than one (1) rentable unit for each 750 square feet of land. k) Although no limit is placed on the increments between the various district designations, it is expected that normally the following will be used: .75, 1., 1.25, 1.5 and upward as deemed necessary by the Planning Commission in increments of 250 square feet. 5) "Plan Approval" is recuired of all structures and uses. Section 16. REGULATIONS FOR CO, COMMERCIAL OFFICE DISTRICTS A. PURPOSE AP1D APPLICABILITY This district applies to areas suitable and desirable for professional and administrative activities. B. PERMITTED ASES 1) Offices (business, administrative, professional, executive, financial, editorial, medical, dental, real estate and any other similar office use which will not be detrimental to the character of the district.) 2) Medical and dental centers, groups or clinics not permitting in-patients. 3) Prescription pharmacies, banks, lending agencies, title companies, photographer or commercial artist studios, modelling agencies. 4) Public buildings .for uses similar to the above. 5) Lunch counters, coffee shops, barber shops, beauty parlors, tobacconists, news and magazine stands, provided they are located within a building containing one of the uses listed in 1), 2), or 3) above as a principal use, 6) Automobile parking lots or buildings. 7) Drug stores, restaurants, cocktail lounges and night clubs. 8) Dusiness and technical schools. 9) Schools and studios for photography, art, music and dance. 10) Hotels and apartment-hotels provided the density sha71 not exceed one (1) rentable unit for each 1,250 square feet of land area within the building site and allocated for hotel and accessory uses only. 11) Uses clearly accessory and incidental to the above listed uses. C. HEIGHT LIMIT: Two (2) stories but not higher than thirty (30) feet, and in the City of Hilo, ten (10) stories but not higher than one hundred twenty (120) feet. - ~ - D. MINIMUM BUILDING SITE AREA: 20,000 souare feet. E. MINIMUM BUILDING SITE AVERAGE G•TIDTH: One hundred (100) feet. F. MINIMUM YARDS: 1) Front or rear: Twenty-five (25) feet. 2) Sides: None, except required by "Plan Approval." G. OTHER REGULATIONS (See Section 30) 1) "Plan Approval" is required of all structures and uses. Section 17. REGULATIONS FOR CN, NEIGHBORHOOD COMP~RCIAL DISTRICTS A. PURPOSE AND APPLICABILITY This district applies to strategically located centers suitable for coumiercial activities which shall be of such size and shape as will accommodate a compact shopping center which suppl 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. B. PERP4ITTED USES 1) All retail uses that are conducted entirely within a building. 2) Automobile service stations, fire changing or pickup stations and commercial parking lots or buildings. 3) Banks, lending agencies and financial institutions. 4) Barber and beauty shops. 5) Launderette, cleaning, pressing service and pickup stations. 6) Lunch counters, coffee shops, restaurants, bars and cocktail lounges provided that no live entertainment is provided or dancing is allowed. 7) Medical and dental centers, groups or clinics not permitting in-patients. B) Museums; libraries; community, public and public service buildings. 9) Offices for business, administrative, professional, executive, financial, real estate, editorial, medical, dental and other similar uses. 10) Photography or commercial art studios, modelling agencies. ll) Prescription pharmacies. 12) Repair shops £or personal or household items, radio, television and small electrical appliances. - 19 - 13) Shoe repair, clothes mending and tailor shops. 14) Drive-in facilities for retail sales or services. 15) Any use permitted in a "RPi" district with a max;rm,m density of 1,250 square feet of land area per rentable or dwelling unit. 16) Buildings and uses normally considered directly accessory to the above permitted uses. C. HEIGHT LIMITS: Three (3) stories but not higher than forty (40) feet. D. MINIMUPT BUILDING SITE e~REA: 7,500 square feet. E. MINIMUM BUILDING SITE AVERAGE 'aiIDTH: Sixty (60) feet. F. MINIMUM YARDS 1) Frcrt and rear: Fifteen (15) feet. 2) Sides: None, except as required by "Plan Approval." G. OTHER REGULATIONS (See Section 30.) 1) The Director may under "Plan Approval," permit or require a continuous eave overhanging the front property line and may require same to be of similar height and design in any one block. 2) Any product produced or made within a CN district must be sold on the premises where produced. 3) "Plan Approval" is required of all structures and uses. Section 18. REGULATIONS FOR CG, GEi~RAL COPa~IERCIAL DISTRICTS A. PURPOSE AND APPLIC~;BILITY This district applies to areas suitable for coRmercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. 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. B. PERMITTED USI+~ 1) Any use listed as a permitted use in any CO and CN district. 2) All retail uses that are conducted entirely within a building. 3) Personal service uses. 4) Banks, lending agencies and Financial institutions. 5) Manufacturing of non-noxious type where the only retail sales out- let for products produced is on the premises where produced. _ 20 _ 6) Art galleries. 7) Automobile parking lots and buildings or storage garages. 8) Display rooms for products sold elsewhere. 9) Caterers. 10) Cleaning plants using only non-flammable hydro-carbons in a sealed unit as the cleansing agent. 11) Newspapers, publishing houses, printing shops, cartographer and duplicating processes such as blueprinting or photostating. 12) Restaurants (otY~er than "drive-ins", bars, cocktail lounges and night clubs). 13) Repair shops For personal or household items, and "fix-it" shops. 14) Private clubs, social orders, fraternal groups and other similar organizations. 15) Tour, travel and ticket agencies. 16) Business, technical or trade schools; ax~t, modelling, music, dancing, photographic or other similar studios or academies. 17) Public service or public utility uses but excluding any service, eouipment or storage ;yard or power plants therefor. 1S) Automobile service stations or garages; excluding body and fender works, electric tiro rebuilding or battery rebuilding and provided that all work is conducted tiJholly within a completely enclosed building, car washes or laurderies other than those utilizing automatic or steam cleaning ecauipment. 19) Bakeries. 20) Broadcasting stations or studios (radio and television). 21) Commercial amusement establisYurents such as bowling alleys, skating rinks, pool halls, etc. 22) "Drive-in" uses. 23) Equipment sales and rental yards; used car lots and other yards where retail sales products are displayed in the open. 24) Food lockers and ice storage and dispensing. 25) Gymnasiums, physical culture studios and reducing salons. 26) Hospitals of all types and sanitariums. 27) Hotels and apartment-hotels provided the density shall not exceed one (1) rentable unit For each 500 square feet of ]and area. 28) Indoor sports arenas, auditoriums and theatres. - 21 - 29) Electrical, plumbx. and :Curnit,.,.ra unholsterir.~= shops provided that all material.,^, arc !ceps, an~i :.11 ~,ci; iv'ties are conducted entirely osithir. a '.ulding. 30) Residentsia]_ use it c~~nrect~:>n ~ ~:y~ the epsra!,ion o.f any permitted use. 31) i~;odel homes £or aisP,ia, purnor~ c"rely ~_arovidsd tY~iey are not placed on permanent £o~x-~da•',;io; s ; nd pr^eision^ are made for their removal at the end o£ n-,cii'ic p~=,rioP. ~:' ti*e but ,,°ot to exceed one year. 32) Uses nor.nally con::idcred. accesso~ ;-, ircidem's_~1 and subordinate to the t~.bov~~ use;:. C. HEIGHT LI::ITS: Three (3) stories; btr'c not higher than forty-five (?.~5) feet, and in the City of Ililo, i;en (10) stories; but not higher than one hundred twenty (120) feet; iCailua-Rona., seven (7) stories but not higher than ninety (90) feet. D. MINIMUi~ BUILDIIQG SI'Lr ~+RLA: '], 50G sa,uare £eet. E. MINIM[Tii BIJILDING SITS AV~'RAGE IIIDT~I: sixty (60) feet. F. MINIP'IUi~ YARDS: 1) Front or rear: Pi£teen (l5) feet. 2) Sides: None, except as :reouired by- "Plan Approval.° G. OTHER REGUTATIUNS (Sce °ertion 30.) 1) "Plan ~ipprovc~l" :is r^cuircd of a.1-1 structures and uses. Section 19. REGDL~iLICi .FOR .T~, V7LriGl'~ COi~iti'RCIAL :i)ISTRICTS A. PURPOSE NNn iprLlC:,'>I.i1T_ This distrio~ ap;~liea ;;.. t:.rcar:.;; that. aiota a, broad range or variety of commercial r.rd rol< J urea that a,rr necessary to serve a some- what isolated residential or ,orkin,!t copulation ~..rhere the supplemen- tary support, of the general busines-s uses end activities of a central commercial distric-, is :;>c'., readily z~atu.labl.~. B. PL'1ZMITTED USI?;S 1) Any o£ the uses listed d_srectly as "Permitted Uses° in a CN district. 2) Cleaning plants using only non-flarunable hydro-carbons in a sealed unit as the cleansing aF;ent. 3) Newspapex•s, job printers, blueprinters and similar uses which are obviously designed to primarily serve the local area. 4) Repair shops for household ite;ns and "fix-it" shops. 5) Automobile service stations and "drive-ins" for retail sales or services. 6) Automobile service, repair and upkeep uses. _ 22 _ 7) Restaurants, bars and cocktail lounges. S) Manufacturing of products and distributed to retail outlets located in the immediate community which is served by this district as approved by the Director, except For concrete or asphalt products. 9) Community clubs or social or fraternal orders. 10) Rooming or boarding houses. 11) Residential uses in connection with the operation of any permitted uses. 12) Hus and tour stops; ticket agencies. 13) Commercial amusement establishments. 14) Used car lots. 15) On a small scale any craft or shop for same; such as, carpenter, electrician, plumber metal worker and other similar uses, provided there are not more than five (5) employees. 16) Other uses similar to the permitted uses or to any of the above listed uses. 17) Accessory uses, normal and subordinate to the above uses. C. HEIGHT LIP~TS: Two (7) stories but not higher than thirty (30) feet. D. MINIMUM BUILDING SITE AREA: 7,500 square feet. E. MINIMUM BUILDING SITU AVERE'~GE WIDTH: Sixty (60) feet. F. P4ININNM YaRDS 1) Front or rear: Fifteen (15) feet. 2) Sides: None, except as recuired by "Plan Approval." G. OTHER REGULATIONS (See Section 30.) 1) "Plan Approval" is recuired of all structures and uses. Section 20. REGULATIONS FOR ML, LIMITED INDUSTRIAL DISTRICTS A. PURPOSE AND APPLICABILITY This 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. B. PERMITTED USES 1) Any manufacturing, processing, assembling, research, laboratory, bottling or packaging uses which are conducted in a building and from which there is no odor, dust, smoke, gas, noise, vibration, -23- radiation or other effect which has measurable nuisance qualities beyond the property line. 2) Animal hospitals vritYi facilities for treatment or boarding of not more than twenty (20) animals. 3) Automobile service stations and all uses and buildings for the repair, maintenance, service and storage of automobile and trucks. 4) Bakeries, laundries, cleaning or dyeing plants. 5) Carpentry, hardwood product, electrical, plumbing, heating, air- conditioning, furniture upholstering shops and storage. 6) Contractors' yards for equipment, material and vehicle storage, repair or maintenance. 7) braying, freighting or trucking yard or terminal. B) Living quarters for watchmen or custodians of industrial properties. 9) Lumber yards and building materials yards but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. 10) P~lachine, welding, sheet metal, metal plating and treating shops except the fabrication by riveting or welding of steel building frames. 11) Newspaper and publishing houses, printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. 12) Public and private utility lines and facilities including offices or yards for equipment, material, vehicle storage, repair or maintenance. 13) Sales and servicing or rental of any type of vehicle, implement, machinery or equipment. ]l,) Terminal, storage or maintenance yards for a fleet of vehicles. 15) Transportation and tour terminals. 16) Wholesaling, warehousing and storage buildings and yards except those for highly flammable or explosive products. 17) Airfields, heliports and private landing strips. 16) Lava rock or stone cutting or shaping. 19) Public dumps. 20) Sale, storage and sorting of salvaged material, machinery, including processing. junk, waste, scrap, discarded or automobiles or eo,uipments but not 21) Retail sales incidental and subordinate to a permitted use. -24- 22) Incidental and necessary services for persons working in a A4L district which are conducted within an integral part of a main structure with entrances from the interior of the building and having no display or advertising visible from the street. 23) Buildings and uses normally considered directly accessory to the above permitted uses. C. HEIGHT LIi°iITS: Three (3) stories but not higher than forty-five (~5) feet. D. MINIMUM BUILDING SITE AREA: 10,000 square feet. E. NINTMUN BUILDING SITE AVERAGE D~IDTii: Seventy-five (75) feet. F. MINIMUM YARDS 1) Front and rear: Fifteen (15) £eet. 2) Sides: None, except as rewired by "Plan Approval." G. OTHER REGULATIOIS (See Section 30.) 1) "Plan Approval" is required of all structures aril uses. Section 21. REGULATIONS FOR N,G, GENERAL INDUSTRIAL DISTRICTS A. PURPOSE AND APPLICABILITY This district applies to areas for uses that are generally considered to be offensive or have some element of danger. B. PERNLTTTED USES 1) Any of the permitted uses in a 1<~ district. 2) Brick and pottery factories. 3) Bulk storage of flammable products. Bulk storage of explosive products by "Use Permit." 4) Concrete block and concrete products manufacturing. 5) Concrete or asphalt batchi.ng and mixing pants and yards. 6) Fabrication plants or yards for steel or other metal frames for buildings. 7) Lava rock or stone cutting or shaping. 8) Marine railways, drydocks and ship or boat yards. 9) Public and private utility lines and facilities including power plants, offices or yards for eouipment, material, vehicle storage, repair or maintenance. 10) Quarries or commercial excavation or removal of natural building materials or minerals. -25- 11) Incidental and necessary services for r,ersons working in a P,G district when conducted within an integral part of a main structure with entrances from the interior of the building and having no display or advertising visible from the street. 12) Living quarters for watchmen or custodians of industrial properties. 13) Animal hospitals. ].L,) Animal quarantine stations. 1$) Animal sales, stock and feed yards. 16) Breweries, distilleries and alcohol manufacturing. 17) Cement production plants. 18) Dumping, disposal, incineration or reduction of refuse or waste matter. 19) Fertilizer manufacturing plants. 20) Fish canneries, processing or packing plants. 21) Neat processing, curing or packing plants. 22) Pineapple or other fruit and vegetable processing and canning plants. 23) Production and processing of wallboard, or other wood or pulp products. 24) Public dumps. 25) Reduction, refining, smelting or alloying of metals, petroleum products or ores. 26) Sale, storage, sorting and processing of junk, waste, scrap, discarded or salvaged material, machinery, automobiles or equipment. 27) Sawmill or planing mill and yards. 2B) Slaughterhouses. 29) Storage, curing or tanning of raw, seen or salted hides or skins. 30) Sugar mills or refineries. 31) Any other use not otherwise permitted that relates to the manufacturing, transportation, processing, assembling, distributing, repairing and storage of goods, products or materials. 32) Buildings and uses normally considered directly accessory to the above permitted uses. C. HEIGHT LIP4ITS: Three (3) stories but not higher than fifty (50) feet, except that the Director may permit by "Plan Approval" only any industrial structure to be built to a height of one hundred (100) feet, which action need only determine that the extra height is necessary. -26- D. NIINIMUM BUILDING SITE AREA; 20,000 souare feet. E. MINI1uNAi BUILDING SITE .+VERAGE ~IIDTH: One hundred (100) feet. F. MINIMUM YARDS 1) Front and rear; Twenty (20) feet. 2) Sides: None, except as required by "Plan Approval." G. OTHER REGULATIONS (See Section 30.) 1) "Plan Approval" is required of all structures and uses. Section 22. REGULATIONS FOR 0, OPEN DISTRICTS A. PURPOSE AND APPLICABILITY This district applies to areas that contribute to the general welfare, the full enjoyment, or the economic well-being of open land type use which has been established, or is proposed. The object of this district is to encourage development around it such as a golf course, country club, park, etc., and to protect invest- ments 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, lakes (natural or artificial tide lands). B. PERMITTED I,SES 1) Public parks. 2) The growing of plants provided such growth does not impair a view included in the stated purposes for adopting the districts. 3) Golf courses and country clubs if compatible with the stated purposes of adoption. k) Heiaus, historical areas, structures and monuments. 5) Existing churches and temples of historical significance. 6) Natural features, phenomena and vistas as tourist attractions. 7) Priv~tt ,reet~etional uses involving no above ground structure except dressing rccros and comfcrt stations. 8) ~.ccessory.use... C. HEIGHT LIP;'ITS MINIMUIi BUILDING SITE AREA MINIMUM BUILDING SITE AVERAGE lnrIDTH MINIMUM YARDS None, except as specified as a condition of approval attached to any "Use Permit" or "Plan Approval." 1) For this purpose the Planning Commission shall use the regulations in the adjoining districts as guides. - 27 - D. OTHER REGULATIONS (See Section 30.) Section 23. (For future district.) Section 24. (For future district.) Section 25. (For fut_~re district or comb_:zir:g district.) Section 26. (For Future district ox combining district.) Section 2']. (For future district or combining district.) Section 2B. REGUTATIONS FOi S, SAFETY DISTaICTS A. This district applies to areas subjected to potential danger of life or property because of flash floods, earth or rock slides, action associated with earth faults, (tsunami).tidal •;aves, volcanic action, or any other natural phenomenon. B. The regulations governing safety districts shall be the same as other districts eualified as a safety district. 1) No structure may be erected unless or until a "Use Permit" has been issued therefor. 2) No "Use Permit" for a. structure intended for occupancy by people in any S district may be issued unless or until the Board of Supervisors by prior action has considered and approved special standards of construction and special safety precautions which are designed for and, in its opinion, will eliminate or sub- stantially reduce the potential danger fmm the above listed sources. Section 29. BUILDING LINES, FUTURE ti~IDTH LINES AND PLAN LINES FOR FUTURE STREETS A. BUILDING LINES may be established and shown on any section of the "Zoning Map" in the manner provided in Section ~ of this Ordinance or they may be adopted as an amendment to this Ordinance by appropriate description within this subsection as follows: 1), 2) etc. (For building line descriptions.) B. ti4henever a "building line" is established along any street, then the minimum front yard for any affected property shall be equivalent to the distance bets-aeon such street and the established building line. C. FUTURE GTIl7PH LINTS may be established and shown on any section of the "Zoning Pdap" in the manner provided in Section 7 0£ this Ordinance or they may be adopted as an amendment to this Ordinance by appropriate descriptions within this subsection as Follows: 1), 2), etc. (I~'or future width line descriptions.) D. 4dhenever a future width line is established, then for the purpose of administering the regulations of this Ordinance, such future width line shall be deemed to be the front property line of affected property, and the area between such future width line and the street (if outside the right-of-way) shall be deemed to be the street right-of-way. - 28 - E. PL4N LINES FOR FU'TUi~ STREETS may be established and shown on any section of the "Zoning N1ap" in the manner provided in Section '~ of this Ordinance by appropriate description within this subsection as follows: 1), 2), etc. (For descriptions of plan lines for future streets.) F. 4Jhenever plan lines for a future street have been established, they shall be deemed to be front property lines, and the area between them shall be deemed to be street right-of-way. Hoiaever, for computing the density the area of the lot shall i;e based on gross land area. Section 30. GENERAL PROVISIONS, c.XCEFTIOidS ADID SUPPLEP~~NTARY REGUIvlTIONS A. GENERAL 1) The provisions of this section shall supplement and be additional regulations governing land use unless otherwise expressly prohibited by provisions of this Ordinance. 2) Ally building upon which construction was lawfully begun prior to the effective date of this Ordinance or any subsequent amendments hereto may be completed and thereafter shall be considered an existing building at the time of the effective date of said Ordinance. 3) The Planning Commission shall have the authority to hear and decide appeals when it is alleged by the appellant that there is an error in arty order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this Ordinance. a. Such appeal shall be filed in writine with the Planning Commission ciithin 15 days after the date of such administrative act from which the appeal is taken and the Planning Commission shall render its decision thereon ~.~rithin 30 days of the date of filing and shall enter its decision in writing in the official records of its proceedings. b. In case the appellant is not satisfied with the action of the Planning Corrmission, he may within 15 days appeal in writing to the Planning Corrmission. The Board of Supervisors shall render its decision within 60 days after receipt of the appeal. 4) Unless otherwise designated the area of any street, right-of-way or easement is considered to be and shall be classified within the immediately adjacent district and if there be more than one district then each shall extend to the center of the street, right- of-way or easement shall be used for any purpose other than that for which it was established. (See Subsection B. 4 below.) 5) Required frontage. I~wery building site in a district specifying a minimum building site area of one (1) acre or less shall have minimum frontage on a. street of at least one-half (1/2) the required buildingE,= site average width. In all other districts (over one acre) the minimum street frontage shall be at least one hundred (100) feet. The Director shall have the power to grant variance from the re:ttired frontage. - ~9- B. USE 1) The "Permitted Uses" as listed in the regulations for each district may be established tiaithin that district after compliance with the specific regulations of the district and the general regulations of this Ordinance. 2) Any use not listed among; the 'Permitted Uses" in a district shall be deemed to be a prohibited use vaithin that district, except as otherwise provided lor. 3) The follooain uses shall be deemed to be "Conditionally Permitted Uses" within the designated districts: a. In ali districts except 1~;Z, P:G, and 0 districts: churches; temples; and other institutions of a religious, cultural, philanthropic or charitable nature; except that no residential feature shall be permitted in any district which does not permit dwellings and that in i3S, RD, RA, and RM districts, the minimum lot area shall be one (1) acre. b. In all districts except V, PC and 0 districts: private and public schools, nursery schools and schools for the handicapped having a minimum lot area of one (1) acre in RS, RD, RA, and Rini districts. c. In all districts except R1~, RS, RD, RM, V, S, and CN: crematories, mausoleums, columbariums, cemeteries, and any other place for the disposal of the human dead. d. In all RS, RD, and A districts: lodges, social orders and fraternal organizations, provided that, structures and facilities 'to be located at least thirty (30) feet from any property line. e. In all districts except V, Ct1, S and 0 districts: hospitals; old age, convalescent, nursing, and rest homes; and other similar uses devoted to the care or treatment of the aged, the sick, or the infirm having a minimum lot area of one (1) acre ixi RS, RD, Rla and RD~i districts. f. In all districts: yach{; harbors and boating facilities and other large major recreational uses including accessory uses that are an integral part o£ the major recreational aspect, which accessory uses, may be of a consnercial or non-noxious industrial nature. The intent of this permissive regulation is to allova, where appropriate, major recreational develop- ments having complete and homogeneous facilities. (1) Pdone of these uses may be established in any 0 district unless tkie proposed use, in its entirety, is compatible with the stated purpose for adopting the 0 district. g. In all districts except RS, RD, Rini, S, CO, CN and V districts: commercial excavaaion or removal of natural building materials or minerals on a temporary basis provided the "Use Permit" shall prescribe conditions to effectively reduce any nuisance and to specify the manner in which the site shall be left upon termination of tkie use. 30 - 4) Except as permitted by the Board of Supervisors, no "street" as herein defined 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; however, this or any other regulation does not exclude normal street improvements and those other facilities normally placed in streets. 5) In any RS, RD, or R,,"i district where the Planning Comanission finds that the keeping of animals is not inconsistent with the character of the immediate neighborhood, it may grant a temporary "Use Permit" for keeping or raising of animals with the exception of pigs, provided it coruorms to the requirements of the Department of Health and teas the approval of the Director. 6) No guest house may to established on any building site having an area of less trian 7,500 square feet. It shall not exceed 500 square feet in floor area, nor shall. it be more than one (1) story in height, and further that such building shall have no kitchen facilities. 7) Communication, transmission and po~•rer lines of public and private utilities and goverrunental agencies are permitted uses within any district. 6) No mobile, portable or temporary dwelling may be occupied unless it is in an approved mobile dwelling park having facilities for such dwellings. 9) On any building site a single mobile, portable or temporary dwelling or a camp tsa`~ler may be narked or stored as an accessory use provided it is in an enclosed building or is otherwise placed or screened such that it is not visible From any street or from any adjo:uiing property-, and prcvid.ed further that the owner of such dwelling cr trailer rnus+ reside on the premises. 10) Substations used by .!n~'r~lic u'„i]ities for the purpose of furnishing telephone, gas, electricity, wa.t,er shall be permitted uses where the Director finds that the same: are not hazardous, dangerous or a nuisance to surrounding areas and has o==ranted "Plan Approval" therefor. 11) Community, public and public service buildings are permitted uses provided they conform to the County General Plan. 12) In all districts, the provisions of special "Use Pes•mits" granted by the State Land Use Corrnission shall be deemed as permitted uses. 13) In any district no directed exterior lighting may be installed or used which is directed into the sky or toward any structure or land beyond the property line. C. AREA AND AVERAGE irJIDTH 1) Unless otherwise specified each main use must be located on a building site having not less than the "minimum building site area" specified by the regulation of the district in which such use is located. - si- 2) Any parcel of land having less area and/or width than that required by the district in which located may be used as a "legal building site"; provided that the owner thereof at the time of or since said efi'ective date oars no adjoining property at the same time. 3) Any parcel of land that is not otherlvise a legal building site does not become a legal building site by virtue of being sold at a delinquent tax sale. 4) No building site may be reduced below the minimum building site area as specified by the regulations for the district in which located and if already below may not be reduced further; provided, however, that if arty legal building site is reduced in area or average width by no more than twenty percent (20ro) of the respective reouirement by reason of the establishment of "future width lines" or "plan lines for future streets" or by acquisition by a public agency for public purposes, then the remainder of said building site shall be deemed to be a legal building site. 5) A parcel of land shall be deemed to conform to the requirements for building site average width if any portion of the parcel considered separately has the minimum building site area caith the minimum average width. D. YARDS AND OPEN SPACt?.S 1) On every building site, yards of the minimum width or depth as specified for the district in which located shall be maintained open and unobst nzcted from the ground up except as hereinafter specified. 2) No required yard oa' open space may fulfill such reauirement for more than one building, building site or use. 3) There shall. to a front yard adjacent to every portion of a building site that has street frontage (e.g. a corner lot has a front yard adjacent to both streets). 4) On any corner building site both interior lines shall be side lot lines and the rear yard shall be the area inscribed orithin an arc the center of which is the interior corner of the building site and the radius of which is equal to the depth of the required rear yard for the district in which located. 5) On any gore or triangular shaped building site the rear yard shall be measured from the point most nearly opposite the street line and in the same manner as for a corner building site. 6) In the event a building site is so irregular in shape that it is impossible to establish side and rear yards, the Director shall vie:v the relationship between it and surrounding property and shall specify the reouired yards. 7) Unless otherwise specified, yards, open spaces and distances shall be measured horizontally. -3~- 8) Except as may otherwise be restricted, the following projections or features may extend four (4) £eet into any rewired yard or open space that is ten (10) feet or lass, five (5) feet when required yard or space is from ten (10) up to fifteen (15) feet, and six (6) feet when required yard is over fifteen (15) feet: cornices, canopies, eaves, landing plans, porches, balconies, terracies, fire escapes, stairs, 'ramps and other similar features; provided that none of the features 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 (4) feet; and provided further that no chimney may extend more than two (2) feet into any yard. 9) The above permitted e,:tensions apply to each building separateljr. 10) If a building is located in a district that recuires "Plan Approval," then the Planning Commission by approving the plan may permit an attractively designed porte-cochere to extend any distance into a front yard as a protection for arriving motorists and pedestrians. 11) For the purpose o£ computing yards, a fence no higher than six (6) feet shall not be considered a structure; while all walls, fences and similar structures over six (6) feet in height shall be considered as accessory structures and those up to eight (8) feet in height may disregard the ten (10) feet separation between an accessory structure and a main building. 12) Unless otherwise specified, the minimum distance between main buildings on the same building site shall be fifteen (15) feet. 13) On every corner building site in any district except a CN district, within 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 (25) feet from the intersection thereof, there shall be no fence, wall, hedge or building hiF;her than three (3) feet nor any obstruction to vision other than a post column or trunk (clear of branches or foliage) of a tree, between: a height of three (3) feet and a height of eight (8) feet above the level. of the street or of the level of the above mentioned point of intersection if the streets are sloping. 14) Unless otherwise permitted or regulated, accessory buildings in any district shall observe and maintain the same yards as required of a main building in said district except that no rear yards shall be required for an accessory building unless the rear line of the building site abuts upon an a]1ey in which case a ten-(10) foot rear yard shall be maintained. 15) If an accessory building is structurally attached to any main building, it shall be considered part of the main building and subject to the same regulations. If not structurally attached to any main building, it shall be at least ten (10) feet therefrom, six (6) feet of cahich distance shall be totally unobstructed from the ground up. - 33 - lb) No fence, wall or architectual feature or other obstruction shall be so placed, or be without gates or openings, as to prohibit complete access around any main building at all times. 17) No building setback is required fronting a mall. E. HEI(~T 1) Every building or structure hereafter erected shall not exceed the height limits as established for the district in which located, except as hereinafter permitted or otherwise regulated. 2) If any existing structure exceeds the established height limits, it shall not be further increased in height. 3) Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles and other similar features may exceed the district height limits by no more than ten (10) feet and upon securing a "Variance" therefor may exceed the district height limits by an additional number of feet necessary as permitted by the Planning Commission; provided, however, that power and communication poles and lines, microwave towers and other similar structures used by governmental agencies and by public and private utility companies for power, light and communication purposes may be constructed, added to and maintained in all districts to the height required by considerations of safety and optimum utiliza- tion or specifically required by rules and regulations of the Public Utilities Commission of the State of Hawaii. 4) Upon securing a "Variance" therefor any building may exceed the applicable district height limits by one (1) additional story and/or ten (10) feet. 5) In any district, in addition to the allowable number of floors, a basement or one (1) extra story is permitted below ground level except that on sloping land the downhill side of such basement or extra story does not have to be below ground; provided that in either case the district height limits are rigidly observed at the uphill line of the building. 6) Accessory structures unless otherwise sFe cified shall not exceed fifteen (15) feet in height nor contain more than one (1) story except that upon securing a 'Variance" therefor, they may exceed said limits but shall not exceed the height limits established for the applicable district. F. OFF-STREET PARKING AND LOADING 1) In all districts, in connection with every use, there shall be provided at the time certain uses are established and at the time any building or structure is erected, enlarged, or is reconstructed or increased in floor area, off-street parking spaces for automobiles in the number and in accordance with the requirement herewith set forth. 2) Each parking space or stall shall have a minimum width of nine (9) feet and a minimum length of eighteen (18) feet. A maximum of ten percent (10~) of the stalls may be allocated for small cars and other vehicles. These stalls shall have a minimum width of seven (7) feet and length of fourteen (14) feet and must be individually accessible and in V, CO, CG, CV, ML, b4G and f~S districts, paved with an all-weather, dust free surface. -34- 3) F~ccept dwelling structures ha~ring three (3) or less units, access to any individual parking space for any other use 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. 4) The number of parking spaces for each use shall be as follows: a. Automobile, machinery or equipment sales and service garages; one (1) for each five hundred (500) square feet of gross floor area. b. Panks, post offices, commercial and professional offices, furniture and appliance stores household equipment or furniture repair shops; one (lj for each four hundred (400) souare feet of gross floor area. c. Bowling alleys; four (4) for each alley. d. Churches, schools, sports arenas, auditoriums, theatres, assembly halls; one (1) for each six (6) seats in the principal assembly room. e. Clubs, lodges, social orders, fraternal organizations, dance halls, assembly halls without fixed seats, exhibition halls, restaurants, night clubs, commercial places of amusement; one (1) for each two hundred (200) square £eet of gross floor area, f. Dwelling; one (1) for each family or dwelling unit. g. Funeral homes, mortuaries; three (3) for each parlor or one (1) for each seventy-five (75) square feet of gross floor area, whichever is greater. h. Hospitals, nursing homes, convalescent homes, rest homes, homes for the elderly; one (1) for each bed. i. Rooming and lodging houses, religious fraternal or social orders having sleeping accommodations; one (1) for each two (2) beds. j. Piedical or dental clinics or groups; four (4) spaces for each doctor or dentist. k. Hotels, apartments, and motels; accessory portions same as otherwise regulated; for hotel guest units - (guest rooms) one (1) for every three (3) units; (apartments and motels , one (1) for each unit. 1. Retail stores and shops; in a V district, in a CN district or as part of a defined shopping center in any district; one (1) for each two hundred (200) square feet of gross floor area - in other areas, one (1) for each three hundred (300) square feet of gross floor area. m. Industrial, manufacturing and research uses; if possible to determine, one (1) for each employee expected to be on the premises at any one time - otherwise, one (1) for each eight hundred (800) square feet of gross floor area. -35- n. Wholesale establishments, warehouses and bulk storage; one (1) for each one thousand (1,000) souare feet of gross floor area plus one (1) for each employee. o. Other general business uses in CG districts and in other districts as permitted; one (1) for each four hundred (400) square feet of gross floor area. p. Community swimming pools; one (1) for each forty (40) square feet of pool area. 5) In any district in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied for manufacturing, storage, warehousing, goods display, retail sales, a hotel, a hospital, a mortuary, a laundry, a dry cleaning establishment, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained at least one (1) off-street loading space plus one (1) additional such loading space, for each additional 20,000 square feet. a. Said loading space shall be provided with access, driveways and surfacing in the same manner as for off-street parking except that each space shall be ten (10) feet wide and twenty- two (22) feet long with a height clearance of at least fourteen (14) feet. 6) In case there is any doubt as to the reouirements for parking or loading space for arty use not specifically mentioned or for arty other reason, the Director shall make such determination. 7) The above required off-street parking and loading spaces shall be located on the building site to which they are appurtenant but parking spaces may be located on other lots within five hundred (500) feet of the nearest point of said building site and approved by the Director and if a permanent easement to permit same is made a matter of public record. 8) The Director may increase any of the above reeuirements under "Plan Approval" in accordance with public necessity and convenience after reviewing a particular use and its own particular character- istics. Section 31. NON-CONFORR7ING BUILDINGS AND USLS A. Any non-conforming 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. 1) If the portion of the building that is non-conforming should be destroyed to the extent of fifty percent (50~) or more of its replacement value, it may not be rebuilt and the remainder of that particular non-conforming portion shall be removed and/or -36- brought into conformity but if said destruction is less than fifty percent (50~), then the destroyed portion may be rebuilt to equal the floor area before the destruction. The Department of Public Works shall determine the extent of damage to deter- mine whether the building can be rebuilt to its non-conforming use. &. Any non-conforming use of land or use of a building may continue to the extent it existed at the time of adoption of this Ordinance or any amendments hereto, provided that: 1) Anon-conforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved in whole or in part to any other portion of the building site occupied by such non-conforming use, except public buildings, public or private power and telephone facilities including offices and plants existing prior to the effective date of this Ordinance may be enlarged or increased to occupy a greater area of land or building. 2) I£ any non-conforming use ceases for any reason for a continuous period of twelve (12) calendar months, or for one season if the use be seasonal, then such use shall not be resumed and any use of the land and/or building thereafter shall be in full conformity with the provisions of this Ordinance. 3) If the portion of any building within which a non-conforming use is conducted should be destroyed or damaged by any means to an extent equivalent to at least fifty percent (50~) of its replace- ment 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 said damage or destruction is less than fifty percent (50~), then the building may be restored and such use may be resumed as it existed, provided that such restoration shall be completed within one (1) 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 non- conforming use. L,.) Any building within which a non-conforming use is conducted may be maintained and repaired to the extent necessary to keep it in sound condition provided said work shall not exceed twenty-five percent (25~) of the current replacement value of such building in any one calendar year as determined by the Department o£ Public Works. 5) If a use of building is non-conforming because of a particular requirement o£ the district within which it is located (e.g. parking, yards, height, distance between buildings, etc.), 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. -37- Section 32. PLAN APPROVAL A. "Plan Approval" provides a method of allowing closer inspection of certain development and all development in certain districts in order to assure that the intent and purpose of this Ordinance are carried out. It provides discretionary control over precise plans for development. B. No structure may be erected, no use may be established and no significant development or improvement of structures or of land may be accomplished in RS, CO, CV, RNA, V, CN,CG, P'IIy N:G, U, or 0 districts or within seventy-five ('75) feet of the right-of-way of any road, street or highway designated on the "Zoning Map" as a "tourist route," unless "Plan Approval" has first been secured for such structure, use, development or intproverent. 1) "Plan Approval" may be rewired as a condition of approval of any "Use Permit," "Variance," or other action relating to a specific use, in which case the use or development so conditioned may not be established until "Plan Approval" has been secured therefor. C. 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 clear].,y the following information: the location and dimension of the building site; the location, size height and use of all existing and proposed structures; all yards and open spaces; location, height and material of all fences and walls; the standard of improvement and location, number and size of spaces, arrangement and on-site circulation of all off-street parking and loading facilities including points of access thereto from adjoining streets; the location, general nature and type, and protection or shielding devices of all exterior lighting; all proposed landscaping and planting; all proposed street dedication and/or improvement, if any; and any other information required by the Director. D. The Director within forty-five (45) days after the application is filed in its offices or within a longer period agreed to by the applicant, shall consider the application together with all accompa- nying data and shall either deny, approve, or defer the application subject to conditions or alterations. 1) The Director shall consider the application and the proposed use in relation to the surrounding property, improvements, streets, traffic, community ck~aracteristics, natural features and in arty other manner in order to assure and may require: adeouate light and air, proper siting and arrangements of all structures and improvements, that existing and prospective traffic movements will not be hindered, that the use is properly landscaped commensurate with said use and its surroundings, that unsightly areas are properly screened or eliminated, that there is adequate off-street parking to serve the use, regardless of the otherwise minimum requirements of this Ordinance, that no potential accident hazards will be created in gaining access to the parking areas, that within reasonable limits the natural features (if any) of community value are preserved. -38- 2) To this end the Director shall require any conditions or changes in the proposal which, in his opinion, are necessary to carry out and further the purposes of this Ordinance and the above- mentioned specific considerations and permissive reouirements. E. If ttie application is approved, then the proposal for which the application was made shall be accomplished and maintained in conformity with the terms, specifications and conditions of the approval. F. If the Director fails to act vaithin the forty-five-(45) day period or within such longer period as may be agreed to by the applicant, the application shall be deemed approved without certification by the Director. G. The Director's action shall be final but if the applicant is dissatisfied with such action, he may within thirty (30) days after action, appeal in writing to the Planning Cormission. Said Commission shall review said appeal and sustain, reverse, or modify the action of the Director. H. The authority exercised by the Director under this section shall be continuous and not limited to the initial development. Section 33. PLANNED UNIT DEVELOPMENT A. The purpose of "Planned Unit Development" (P. U.D.) is to encourage comprehensive site-planning productive of optimum adaptation of development to the land by allowing diversification in the relation- ships 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 Ordinance shall be observed. B. The minimum area of a P.U.D. shall be at least twenty (20) acres. C. Application for P.U.D. approval shall be made on a form prescribed by the Planning Commission and shall be accompanied by a filing and processing fee of one thousand dollars (';;1,000) plus twenty-five dollars (`;v25) per acre for each acre or fraction thereof. D. Drawings and plans comprising a general development plan covering the entire area of the P.U.D. shall accompany the application and shall show: uses, dimensions and locations of proposed structures; widths, alignments and improvements of proposed streets, pedestrian and drainage ways; how the property could be divided for individual parcel sale; parking areas; public uses; landscaping and open spaces; a scl~ dule of development; architectural drawings (for all buildings other than single-family dwellings) demonstrating the design and character of the proposed buildings and uses; and any other information or plans deemed necessary by the Planning Commission to a determination that approval of any requests for "sign approvals," "plan approvals," "use permits" or "variances" contained in the proposal are justified by this procedural method. E. No P.U.D. shall be considered by the Planning Commission that proposes a use that is not permitted either directly or as a conditional use within the district unless a separate application for rezoning accompanies or has preceded the filing of the application for approval of the P.U.D. in which case the two items shall he considered -39- simultaneously and should the use be appropriate, the approval of the P.U.D. shall not be effective until the ordinance adopting any necessary change of district shall have become effective. F. The procedure for processing an application for approval of a P.U.D. shall be the sane as that provided for a variance application as set forth in Section 36. G. Partial approval may be given where architectural plans and drawings have not been submitted with the original application but no building permit shall be issued nor arty construction com;rence unless and until said drawings have been considered and approved by the Planning Commission and full approval of the P.U.U. secured. H. In order to approve a P.U.D. the Planning Commission shall find the following: 1) That construction on the project shall begin within a reasonable period of time from the date of full approval and shall be completed orithin a reasonable period of time. 2) That the proposed development substantially conforms to the County General Plan. 3) That all residential development shall constitute an environment of sustained desirability and stability, shall be in harmony with the character of the surrounding neighborhood, and shall result in an intensity o£ land utilization no higher than, and standards of open space at least as high as permitted or as otherwise specified for the district in which this development occurs. Li.) That all commercial development shall create no traffic congestion, shall not interfere with any projected improvements, shall provide for proper entrances and exits along with proper provisions for internal traffic and narking, and shall be an attractive center with no adverse effect upon the adjacent and surrounding existing or prospective development. 5) That all industrial development shall be in conformity with desirable performance standards and shall constitute an efficient and well organized development with adequate provisions for freight service and necessary storage, and that such development shall have no adverse effects upon adjacent and surrounding existing or prospective development. 6) That the development of a harmonious, integrated whole justifies exceptions, if required, to the normal requirements of this Ordinance, and that the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. I. The Planning Commission may deny, approve, or conditionally approve an application fora P.U.D. 1) Any conditions imposed by the Planning Commission may include but are not limited to: the time within which the project shall begin and be completed, changed boundaries of the project, uses permitted, specification of minimum development standards, -40 - specified street dedication and improvement, utilities to be furnished, and a list or limit of variances permitted. 2) Application. for and approval of a P.iJ.Da, wherein variances from the standard regulations are approved or wherein uses normally requiring. use permits are permitted, shall be deemed to be in compliance with all the necessary procedures for securing or granting a "Variance" or a "Use Permit." 3) Where completed drawings are considered, approval of a P.U.D. shall be deemed to be and includes "plan approval" as provided for in Section 32. J. On any P.U.D. the Planning Conunission may make any considerations and apply any conditions indicated under the procedure for processing applications for "plan approvals," "use permits," or "variances." K. Any P.U.D., as approved, shall be subject to all conditions imposed, and shall be excepted from other provisions of this Ordinance only to the extent specified in said approval. L. Extensions of time limitations may be granted by the Planning Commission upon finding that no change of conditions has occurred in relation to the property since the approval and/or that the approval is still valid with respect to any changed conditions. Apr~lication for any extension shall be filed in the office of the Planning Commission not less than sixty (60) days prior to the expiration date. Within forty- five (45) days after receipt of such application, the Planning Commission shall hold a hearing and take action thereon and if any extension is granted the Planning Commission may impose additional conditions as required. Section 34. CLUSTER PLAN DEVELOPP~EiVT A. The purpose of "Cluster Plan Development" (C.P.D.) is to provide exceptions to the provisions of Section 9 of this Ordinance so that permitted density of dwelling units contemplated by the minimum lot size requirements is maintained in single-family districts on an overall basis and desirable open space, tree cover, recreational areas or scenic vistas are preserved. B. The minimum area of a C.P.D. shall be at least two (2) acres. C. Application for C.F'.D. approval sha]1 be made on a form prescribed by the Planning Commission and shall be accompanied by a filing and processing fee as set forth under the Subdivision Ordinance. D. The procedure for processing an application for approval of C.P.D. shall be in the manner prescribed in Section 22 of the Subdivision Ordinance. E. C.P.D. is restricted as follows: 1) The maximum number of lots that may be created under the C.P.D. procedure shall be computed by subtracting twenty percent (20~) of the total area being considered for C.P.D. for street right- of-way and dividing the remaining area by the minimum lot area requirement of the sing:Le-family district or districts in which - 41 - the C.P.D. is to be located. This method shall apply regardless of the amount of land actually required for street right-of-way. Land utilized by utilities for easement for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under the C.P.D. procedure. Land normally subjected to be submerged in water or with slopes in excess of thirty percent (30%) shall not be considered as part of the gross acreage in computing the maximum number of lots that may Ue created under the C.P.D. procedure. 2) Under this procedure, lots may be reduced in area below the minimum lot size required in the district in which the C.P.D. is located provided that the average lot size of the lots created in the C.P.D. is not below the minimum lot size required in the district for C.P.D. 3) No lot in single-family residential district shall be reduced in area below the following minimum standard: AREA RE~UIREPENT C.P.D. MINIMUM STANDARD 1 Acre 20,000 sq. ft. 30,000 sq. ft. 15,000 " " zo,ooo " " 12,000 " " 15,000 " 10,000 " " 10,000 ~' " 7,500 " " ~ 500 ~~ ~~ 6, COO ~~ u 4) The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any C.P.D. must be received and approved by the Planning Corrnnission before the provisions of this section shall apply. A private recreational use such as a golf course or• a swimming pool, whose use is limited to the cr+ners or occupants of lots located within the C.P.D. may be approved as a common land. Other uses or sites which may qualify as common land include historic buildings or sites, parks and parkcaay areas, ornamental parks, extensive areas with tree cover, land along usable shoreline areas, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation and are usable for normal recreational pursuits. 5) The method of maintenance of common land for open space or recreational use shall be acceptable to the Director. F. The requirements as set forth under P.U.D. shall apply in cases not mentioned under C.P.D. and which are determined to be applicable by the Planning Cormnission. Section 35. SPECIAL REGULATIONS A. Iri any district that permits building sites of two (2) acres or less in area, no building designed and/or intended for human occupancy shall be constructed and no permit therefor shall be issued unless: -42- 1) Two of the following conditions exist: a. The street on which the building site fronts is dedicated to, accepted and maintained by the County or has been approved by the Planning Commission. b. The building site is served by a publicly owned and operated water supply system. c. The building site is served by a disposal system, which has been specifically approved by the Department of Health. 2) Or such streets, water supply system, and sewage disposal system all are constructed and maintained by private means and have been approved by appropriate public agencies. 3) Or the building site is in an "older community" which has developed to the point of establishing community characteristics and is sub- standard with respect to streets or water supply or sewage disposal. Such "older community" shall have previously been designated by the Planning Coannission and the boundaries thereof indicated on the "Zoning Map." B. Whenever an application for an amendment to this Ordinance or for a "variance," "use permit," "plan approval," or P.U.D. has been denied, no new application for the same relief covering all or arty portion of the property involved in the original application shall be received by the Planning Commission for a period of two (2) years from the effective date of the final denial of the original application; provided, however, that upon a showing of a substantial change of circumstances the Planning Commission may permit the filing of such new application prior to the expiration of such two (2) year period. Nothing contained herein shall prevent the Board of Supervisors or the Planning Commission from at any time initiating any proceedings which either of said bodies may initiate pursuant to this Ordinance. C. Whenever any "variance," "use permit," "plan approval," or sign approval not otherwise conditioned has not been utilized within a period of two (2) years from the date of Final approval, then without anv further action such "variance," "use permit," "plan approval," or sign approval shall become voided and thereafter may not be used. D. Every administrative action for any given parcel of land becomes void upon the changing of the district within which the parcel lies unless such administrative action deals with a regulation which is precisely the same under the regulations of the new district or unless the administrative action is taken with full knowledge of a proposed or impending change of district, in which case the approval of such administrative action shall state that the action is equally acceptable under the existing and proposed or impending specified new district. E. An application for any administrative action may include a request for a lesser action without payment for arty additional filing fee provided that any notice of any required hearing shall contain information relating to the total requested or contemplated action. 1) Each action in the following list shall be a lesser action than any which precedes it: P.U.D., "variance," "use permit," ~~plan approval," sign approval. -43- 2) Actions to amend this Ordinance may be considered concurrently with other administrative actions but applications for and decisions thereon shall be accomplished separately. F. All administrative actions shall apply to the applicable land, building, development or use and shall not be granted if the action sought would not be ecaually acceptable under a variety of owners, and such privileges granted shall run with the land and shall not reside in any particular owner or occupant of any premises. G. Failure to comply with any conditions attached to any administrative approval shall void such approval. Section 36. VARIANCES A. The Planning Commission may grant "variances" from the provisions of this Ordinance provided that no variances shall be granted to allow a use not otherwise permitted within the district. B. No "variance" may be granted unless the Planning Commission finds the following: 1) That there are special or unusual circumstances applying to the subject property, building or use which do not generally apply to surrounding property or improvements in the same district. 2) That said special or unusual circumstances exist either to a degree which deprives the owner or applicant of substantial property rights which would otherwise be available, or to a degree which obviously interferes with the best use or manner of development of the subject property. 3) That the granting of the "variance" shall not constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical district class ificat ion. 4) That the granting of the "variance" shall not be inconsistent with the general purpose of the district or the intent and purpose of this Ordinance will not militate against the County General Plan and shall not be materially detrimental to the public welfare or injurious to improvements or property rights related to property in the near vicinity. 5) That the evidences to support the decision shall be recorded specifically. C. Application fora "variance" shall be on a form prescribed for this purpose by the Planning Commission and shall be accompanied by: 1) Anon-refundable, filing fee and processing fee of one hundred dollars 0100.00). 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 proposed structures shown thereon and any other information necessary to a proper determination relative to the specific request. -44- k) Any other plans or information required by the Planning Commission. D. The Planning Commission shall, within forty-five (45) days after the filing of a proper application or within such longer period as may be agreed to by the applicant, hold at least one public hearing on and shall render a decision on said application. 1) Notice of the proposed public hearing and its purposes shall be published at least twice in a newspaper of general circulation in the County, once at least ten (10) days prior to the date of said hearing and the second at least two (2) days prior to said hearing. 2) In lieu of a published notice in a newspaper the Planning Commission may, by policy, require that every record property owner, or leaseholder, of property within three hundred (300) feet of the subject parcel shall be notified of said public hearing and its purpose by mail which shall be postmarked at least ten (10) days prior to the date of said hearing. 3) Under the latter procedure the proceedings shall not be nullified if some owners or leaseholders fail to receive such notice. E. The Planning Commission shall deny, approve, or defer the application subject to conditions. 1) The conditions imposed by the Planning Commission shall bear a reasonable relationship to the "variance" granted and shall be oriented in the direction of achieving a substantial equivalent or alternative to tkie regulation from which the variance is sought. 2) In the event the Planning Commission fails to act within the forty-five (45) day period or such longer period as may have been agreed to by the applicant, then the Director shall certify such application as approved and shall so notify the applicant. F. Action of the Planning Commission shall be final but i.n case the applicant is dissatisfied frith the Commission's decision, he may within fifteen (15) days after such action is taken, appeal said decision in writing to the Board of Supervisors. 1) Said appeal shall be accompanied by a filing fee of ten dollars 010.00). 2) Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged that the Planning Commission has erred in making its determination. 3) The Board of Supervisors upon receipt of such appeal shall set the matter for a hearing. a. Notice of the hearing shall be mailed at least ten (10) days prior to such hearing to the appellant, the Planning Commission, and to every person that the record of the Planning Commission proceedings indicates expressed an interest in the subject action, either by mail or in person. -45- 4) 'rdithin sixty (60) days after the filing of such appeal, the Board of Supervisors shall affirm, modify or reverse the action from which the appeal was taken. Section 37. USE PEPS~III'S A. "Use permits" may be issued as required or permitted for all other uses for which a "use permit" is necessary. B. Application for a "use permit" and the procedural handling shall be precisely the same as for an application for a "variance" as set forth in Section 36, except as follows: 1) The Planning Commission shall study the manner in which nearby properties are used, the character of the cormunity and any other pertinent factors; shall analyze the proposed use considering all its aspects and its effect upon the community; and shall attach such conditions to the permit as are deemed necessary to assure the proper integration of said use and the preservation of tkte purpose o£ the district and of this Ordinance. 2) The Planning Commission shall specify the following conditions pertaining thereto: location, amount and type of construction, type of use, its maintenance and operation, type and amount of traffic, off-street ~,~arking, condition and width of adjoining roads, access, nuisance values, appearance of the building, landscaping, yards, open areas and other similar matters. 3) If the Planning; Commission determines that the use as proposed or as conditioned is acceptable but additional information is needed about the physical development, it may grant a conditional use permit providing that no structure or improvement pertaining to the use proposed shall be permitted unless or until "plan approval" has been secured therefor. Section 3$. AI~NDi~1EIuTS A. This Ordinance may be amended by changing the boundaries of districts or by changing any other provision hereof whenever the public necessity and convenience and the general welfare require such amendment. B. An amendment may be initiated by: 1) The Board of Supervisors; 2) The Planning Commission; 3) The verified petition of seventy-five percent (750) of the owners of the property within seven hundred fifty (750) feet of the property under consideration by the proposed amendment, which petition shall be on a form prescribed by and filed with the Planning Commission and shall be accompanied by a filing and processing fee of one hundred dollars (.100.00). a. For the purpose of complying with this section, a property owner shall be deemed to include the holder of a lease interest the expiration of vrhich will occur more than five (5) years after the date of filing such petition. -46- b. Such petition shall contain or be accompanied by an accurate description of the property and a map, drawn to scale, of the property whici~ also shows its location in relation to surrounding properties and to knot-an landmarlts or improvements. C. The Planning Conunission shall ho7_d at least ore public hearing on any proposed amendment in the area or district affected by such amendment. 1) At least ten (10) days prior to the public hearing, the Planning Commission shall give notice thereof' by publishing at least once in a newspaper of general circulation in the County, the time, date and place of such hearing, its purpose and a description of any property which may be involved. 2) If the proposed amendment would chancre the district classification of any property, the Planning Commission shall give additional notice by mailing, at least ten (10)days prior to the scheduled date of such hearing, a written notice of the time, date and place of such hearing, its purpose and a description or sketch of the property involved to the owners of all property within three hundred (300) feet of the affected property as well as to owners of all property described in the petition. a. If the hearing is the result o£ a petition, the Planning Commission may, by policy, recuire the petitioners to accompany the petition with the names and latest known addresses of all owners as described above. b. Any failure to mail or to receive written notices as afore- said, shall not invalidate any proceedings for amendment of this Ordinance. D. In considering, an amendment which proposes to change the district classification of any property, the Planning Co~nission shall consider the purposes of the existing and proposed district and the purposes of this Ordinance and shall make no change in any district boundary that does not result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. E. After the conclusion of the public hearing, the Planning Commission shall approve or disapprove any proposed amendment and ehall file a report of its findings and action taken with the Board of Supervisors. Such report shall be filed within ninety (90) days after receipt of the petition or after the date of the Eoard's resolution of intention, as the case may be, or within such longer period as may be agreed upon between the Planning Commission and the instigator of such action. 1) Failure of the Planning Commission to so report within the ninety- (90) day period or within such longer period as may be agreed upon shall be deemed to be approval of the proposed amendment by the Planning Commission and shall be so reported to the Board of Supervisors. F. In the event the Planning Commission approves the proposal, the Board of Supervisors shall act on such proposal as indicated below. How- ever, in the event the Planning Commission denies the proposal, its decision is final except that the petitioners within fifteen (15) days after such action may in writing appeal such decision to the -47- Board of Supervisors, in which case the Board shall hear the matter in the same manner as £or an approval. G. Upon receipt of such report or appeal the Board of Supervisors shall set the matter for public hearing and shall give notice thereof by two (2) publications in a newspaper of general circulation within the County, one at least ten (10) days prior to the date of said hearing and the second, at least two (2) days prior to said hearing. After conclusion of the hearing, the Board of Supervisors may affirm, reverse or modify the Planning Commissions decision and may adopt the proposed amendment or any part thereof in such form as said Board deems advisable. The Board of Supervisors shall overrule or modify any decisions of the Planning Commission only by the affirm- ative vote of at least five (5) of its members. 1) The public hearing by the Board of Supervisors shall be held within sixty (60) days after receipt of such report or appeal. H. Edith the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The Board of Supervisors or the Planning Commission, as the case may be, may, by motion, abandon any proceedings for an amendment initiated by its own resolution of intention. 1) Such withdrawal or such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held. Section 39. ENFORCEI~1;Nfi, IEGi~L PROCEDURES AND PENALTIES A. All departments, officials, and public employees which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no such nermits or licenses for uses, buildings, or other purposes tifhere the same would be in conflict with the provisions of this Ordinance; any such permits or licenses, if issued in conflict with the provisions of this Ordinance, shall be null and void. B. It shall be the duty of the Building Official to enforce any provisions of this Ordinance relative to building construction and occupancy; it shall be the duty of the Director to enforce all other provisions of this Ordinance pertaining to land use; and it shall be the duty of all law enforcement officers of the County of Hawaii to enforce this Ordinance and all the provisions of same. C. Any person, firm, or corporation, vrhether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this Ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be vanished by a fine of not more than five hundred dollars 01500.00). Such persons, firm or corporation shall after conviction be deemed to be guilty of a separate offense for each and every day during vahich any violation of this Ordinance is committed, continued, or permitted by such person, firm, or corporation, and shall be punished as herein provided. -48- D. Any building or structure or other improvement or development set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Ordinance or any use of land contrary to the provisions of this Ordinance shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the County Attorney shall upon order of the Board of Supervisors, immediately cormnence action or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, and. shall take such other steps, and shall apply to such courts as may have juris- diction to grant such relief as will abate and remove such building, structure, improvement, development or use, and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, maintaining, or using any such building, structure, improvement or development, or using arty property contrary to the provisions of this Ordinance. E. The remedies provided for herein, shall be cumulative and not exclusive. Section 40. REPEAL, CONFLICT AND VALIDI'PY A. Ordinances Nos. 20, 21, 22, and 23 of the Revised Grdinances of the County of Hawaii, 1960, as amended, shall be repealed upon the effective date of this Ordinance. B. All ordinances and parts of ordinances of the County of Hawaii in conflict with this Ordinance are, to the extent of such conflict and no further, hereby repealed. C. If any section, subsection, sentence, clause or phrase of this Ordinance is £or any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and every portion hereof, irrespective of the fact any one or more sections, subsections, sen- tences, clauses or phrases be declared invalid. Section 41. PRESERVATIOPS OF RIGHTS AIVD LL+BILITIES. The repeal shall not affect any act done, ratified or confirmed, or any right accruing or accrued or established, or any action, suit or proceedings had or• commenced in any civil cause, prior to the repeal, and all rights and liabilities under any ordinance embraced in or repealed by this Ordinance shall continue and may be enforced in the same manner and with the same effect as if the repeal had not been made. Section 42. ENACTP~T;NT This Ordinance shall take effect upon adoption of the 'Zoning Nap." INTRODUCED BY: `~ ~~c~Z, R. Jitchaku Supelw3a'or, ~4t Senatorial District Hilo, Hawaii Date of Introduction: August 1~, 1966 Date of Adoption: September 21, 1966 -49-