HomeMy WebLinkAboutBIL 250 Draft 04 (Ramseyer) 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BII.L NO. ~1
Draft 4 (Ramseyer)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE
RELATING TO ZONING
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25 of the Hawaii County Code is hereby repealed.
SEC~'ION 2. Anew Chapter 25 is added to the Hawaii County Code which shall read as
follows:
"CHAPTER 25
ZONING
Article 1. General Provisions.
[Division 1. Generally.]
Section [25-I.] 25-1_1• Title. (This chapter may be cited] The provisions of this chapter. inclusive
of anv amendments- shall be known as the Zoning Code.
Section [25-2.] 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the general plan which
is a long range, comprehensive, general plan prepared [or being prepared] to guide the overall future
development of the County. [The general plan shall include that portion of the State's general plan that
applies to the County, or such lesser portion thereof as the County may adopt, together with those
comprehensive or general plans for sections of the County which may hereafter be adopted as amendments
to or portions of the general plan.]
(b) For the purpose of promoting health, safety, morals, or the general welfare of the
[community,] County. this chapter regulates and restricts the height, [number of stories,] size of buildings,
and other structures, the percentage of [lots] ~[Qt that may be occupied, off-street parking, setbacks- size of
yards, courts, and other open spaces, the density of population, and the location and use of buildings,
[signs,) structures, and land for trade, industry, residence, or other purposes.
Section [25-3.] 25-1-3. Severability. Ifany portion of this chapter, or its application to any
person or circumstance, shall be held unconstitutional or invalid because it violates any provision of the
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County [Charter] charter or for any other reason, the remainder of the chapter and the application of such
portion to other persons or circumstances shall not be affected thereby.
Cecrinn 25-1-4 Adoption oC rules The director and the commission may, as appropriate each
adopt rules in accordance with Hawaii Revised Statutes chapter 91 for the purpose of implementin¢ the
provisions of this chapter.
Section [25-4.) 25_1=5. Definitions.
(a) Building construction and development terms that are not defined in this chapter shall be given
their respective definitions as found in the Building Code (chapter 5).
(b) [As used in this chapter the] T(lg following words and phrases, unless the context otherwise
requires, are defined as follows:
" (]1 "Accessory buildin¢" means a buildin¢ no more than twenty feet in height detached
from and subordinate to a main building or main use on the came building site and used for the purposes
customarily ~~eidental to those of the main building or use.
(~l "Acceccorv 11<e" means a u<e which is customarily associated with and subordinate to
the main gtprin ipal a<e °nd which is located on the same building site as the main or principal use.
(,~l "Adult day care home" means a private residence. approved by the state. providing
~poortive and protective care without overnight accommodations. to a limited number of adult disabled
or aggd ne<sonc The term <hall not include day care centers for elderly disabled and aged persons a<
defined by ehaoter X46 p-rt IV Hawaii Reviced Statutes. as amended.
(41 "A¢ricultural products pj «i .maior" means activities involvin4 a variety of
pperations on crops or livestock which may ¢enerate dust. noise. odors, pollutants or visual impacts that
could adversely aff t a 'acen[properties These uce< include but are not limited to slaughterhouses
mills refineries canneries and milk processing plants.
(51 "A¢ricultural products pr~sieccing minor" means activities used for crop production.
which are not re¢ulated as maior agri 11 ra)„productc processing and which involve a variety of operations
o~,~pp< after harve<t to nrenare them for market or farther prose<cin¢ and paekagin¢ at a distance from
t r ag~ultural area Included activities -re cleanipg milling,.,pulping,~rying roasting hullin¢^storin¢
pacl.ing. honey processing,,,poi makin~llin3 and other similar activitie< Alco included are the facilities
or buildipes related to such activities.
[(l)] (,¢I "Alley" means a narrow sVeet through a block primarily for access by service
vehicles to the back or side of properties fronting on another street.
j71 "Amusement and recreation facility indoor" meant an establishment providing indoor
amt cement or recreation T~,~al u<es include• marti°I art< stpdios• billiard and pool halls• electronic and
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~gjq~Qperated came rooms bowline alley~• skatipE rinks• health and fitness Pstablishments' indoor to nit
handball and racquetball courts. auditoriumc~ theaters' and indoor archery and shooting ranges.
(81 "Amusement and recreation facility n~'or outdoor' meant a ~rmanent facility
providing_outdoor amusement and entertainment. including theme and other
types of amusement parks.
stadiums skateboard parks eo-cart and automobile race tracks miniature golf and drive in theaters
[(2)] f9~ "Apartment house" [is included within the term multiple] means amultiple-
fam .ilv dwelling.
(101 "Aauaculture" means the production of aouatic plant or animal life for food or fiber
within ponds and other bodies of water.
(1 l1 "Authorized personnel" means a police officer or a person or persons authorized in
writing by t~ director.
(121 "Automobile service station" means a retail establishment which primarily provides
gasoline. automobile accessories and service. but not including fire recapping or regrooving. body work.
straig~ening of frames or bodyyarts. steam cleaning painting welding. or storage of automobiles. extent
for storage of vehicles for short periods nding repair or servicing on the site and pick-up bYthe owner.
[(3)(A)] (j}1 "Bed and breakfast establishment" [is an owner-proprietor-occupied or
lessee-proprietor-occupied] means g single-family dwelling [with a maximum of five guest bedrooms
within the dwelling]. including a single guest house. in which overnight accommodations and only
[continental] breakfast meals are provided to a maximum often guests, for compensation, for periods of
less than thirty days.
[For the purposes of this chapter, a "lessee-proprietor' means a lessee holding a lease of five years
or more, for the residence and land on which the bed and breakfast establishment shall occupy.
(B) A bed and breakfast establishment shall be subject to the following restrictions and standards:
(i) Abed and breakfast establishment shall be accessory and subordinate to the
principal use as a residence by its owners or lessee. A copy of the operator's
current transient accommodations tax license and general excise tax license shall
be submitted to the planning department prior to final plan approval for the
proposed bed and breakfast establishment.
(ii) The owner-operator or lessee-operator of the bed and breakfast establishment shall
reside within the single-family dwelling unit being used as a bed and breakfast
establishment.
(iii) The bed and breakfast establishment shall contain no more than five guest
bedrooms for rent to guests. The minimum lot size in any RD, RS, RA, A, IA and
U district for a bed and breakfast establishment with three to five guest bedrooms
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is fifteen thousand square feet. Any lot less than fifteen thousand square feet in
any RD, RS, RA, A, IA and U districts shall not have more than two guest
bedrooms.
(iv) The maximum number of guests permitted within a bed and breakfast
establishment at any one time shall be ten.
(v) Only continental breakfast meals may be offered [o guests. The serving of
breakfast for a fee to individuals other than registered guests shall be prohibited.
A bed and breakfast establishment shall not operate as a food service
establishment, unless a food service establishment (i.e. a restaurant) is listed as a
permitted use within the zoned district.
(vi) One paved (with concrete or asphalt concrete surface) off-street parking stall shall
be provided for each guest bedroom, in addition to the required stall(s) for the
dwelling unit.
(vii) Exterior signage which advertises the dwelling as a bed and breakfast
establishment shall comply with the requirements for residential signage as set
forth in chapter 3 of the Hawaii County Code.
(viii) Abed and breakfast establishment shall obtain final plan approval from the
planning department in accordance with article 20 of this chapter.
(ix) Access to a lot with a bed and breakfast establishment shall meet with the
requirements of all applicable agencies.
(x) Abed and breakfast establishment shall not be permitted on property which has
been issued an ohana dwelling permit or which contains an approved ohana
dwelling.
(xi) Abed and breakfast establishment shall comply with all applicable requirements
by the department of health.
(xii) Should any rules and regulations required under the ADA Act (American with
Disabilities Act) which are designated to allow greater accessibility to
handicapped individuals be adopted in the Hawaii County Code, a bed and
breakfast establishment shall be in conformance with such requirement.
(C) Notwithstandingtpe above standards and restrictions, the planning commission may
impose further restrictions as it deems necessary during the use permit process pursuant to
this chapter and its rules of practice and procedure.
(D) The applicant shall have the burden of proof in establishing that the proposed bed and
breakfast establishment on the lot will not violate a covenant, restriction, homeowners
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association covenant or bylaw or other land use restriction or limitation which is
applicable to the affected lot. Such evidence may include a title report from a licensed
title company or a signed certificate of the beneficiaries of such covenants, restrictions,
bylaws, or limitation of their representatives.
(E) If a parcel of land upon which a bed and breakfast establishment is proposed is subject to
restrictions, covenant, bylaws or other limitations, the actions of the planning department
or planning commission, as the case may be, shall not be construed to interpret such
encumbrances. The applicant or aggrieved party(ies) may seek independent judicial relief
through declaratory judgement or similar legal means.
(F). K~ Any operation as a bed and breakfast establishment which has not been approved by either
the planning commission through a special permit or by the planning department during
plan approval review shall be considered illegal and subject to the provisions of this
section, regardless of any prior operation as a bed and breakfast establishment.]
[(4)] fly1 "Beginning of construction" means placing of construction materials in their
permanent position, fastened in a permanent manner.
[(5) (A)] "Building" [includes] tpg~ any structure used or intended for
~DDOrtI or shelterin~anv use or occupancy.
[(B) "Accessory building" means a building detached from and subordinate to a
main building on the same building site and used for purposes customarily incidental to those of the main
building.
(C) "Community building" means a building for civic, social, educational,
cultural, and recreational activities of a neighborhood or community group or association and not operated
primarily for financial gain.
(D) "Existing building" means any building upon which construction was
lawfully begun or completed prior to May 24, 1967, or the effective date of any subsequent amendments to
this chapter.
(E)"Main building" means a building in which is conducted a principal or main
use on the building site on which it is situated.]
[(6)] (.141 "Building height" means the vertical distance [measured between the average
level of the finished ground surface adjacent to the building and the uppermost point of the building
excluding only those features which are permitted to exceed the district height limits as provided in article
I, division 8 of this chapter.] shove a reference datum measured to the hie ~t point of the coping of a flat
roof or to the deck line of a mansard roof or to the average height of the highest gable of a Ditched or
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hipped roof. The reference datum shall be selected by either of the following. whichever yields a gr afe~
(~jpht of buildine:
(A) The elevation of the highest adioiningsidewalk or ground surface within a
five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than ten feet above lowest grade.
f Bl An elevation ten feet higher than the lowest glade when the sidewalk or
grou~~ cllrface described in above is more than ten feet above lowest grade
The height of a stepped or terraced building is the maximum heig t of a y segment of the
ibu Idine•
• [(7)] "Building line" means a line on a [lot] building site indicating the limit beyond
which build~iugs or structures may not be erected.
[(8)] ji$) "Building site" means a parcel of land which[: (A) IsJ is occupied or is to be
occupied by a principal use and accessory uses or [ofJ a building or group of buildings[; and (B) Complies
with all of the requirements of this chapter relating to building sites;], and includes a lot and a plot.
[(9)] (]Q) "Building site average width" means that figure obtained by dividing the total
area of a [parcel of land] buildine site by the maximum depth of the [parcel] building site measured in the
general direction of the side lines. [(See section 25-58(a).)J
(201 "Business service" means an establishment which primarily provides goods and
cervices to other business. including but no[ limited to minor job printing. du lip eating. bindine and
pjlotogranhic processing, office security. maintenance and custodial services. and office egyipment and
machinery sales. rentals and repair.
[(10)] "Care home" [or "family care home"] means a facility which is [licensed by
the State] apyroved by the state pursuant to chaps r 46 part IV or part VIII. Hawaii Revised StaRtes. as
3III~~. to provide livine accommodations and general or rehabilitative care in homes with not more than
one kitchen, to accommodate [up to six persons, whether or not such persons are related. The maximum
six persons permitted shall be in addition to the family or staff operating the home.] unrelated children or
elderly. handicapped. or disabled adults. The term includes [child care, babysitting and care incident to old
age or disability.] adult residential care homes. gt9yp child care homes and other facilities for children.
PI_ deny handicapped. developmental[y disabled and totally disabled.
1 " at ~jpg establishment" means an establishment primari[y involved in the
p~oaration and transfer of finished food Droducts for immediate consumption anon delivery to ofF
premises destinations includine but not limited to hotels restaurants airlines and social events
[(1 I l,131 "City of Hilo" means all of that portion of the district of South Hilo, County of
Hawaii, which is bounded on the south side by the disVict of Puna; bounded on the west side by the
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districts of Kau and North Hilo; on the north by the [Ahupuaa] ahupuaa of Paukaa in the district of South
Hilo and on the east by the sea.
[(12) "Commercial amusement establishment" means any place where entertainment or
amusement is provided where the public, on a commercial basis, may observe or join in the activities. (See
section 25-192(21).)]
[(13)] (~]4 "Commercial excavation" means any excavation or removal of natural
materials for profit which is not related to or not occasioned by an impending development of the site of
such excavation.
(Z51 "Commercial parking lot and garap,~" means any building or parking area designed or
used for tearpQra arking9f automotive vehicles which is not accessory to another use on the same
b iu Idinesite'and within which no vehicles are repaired.
(261 "Commission" means the planning commission.
(271 "Community building" means a public or privately-owned building for civic. social.
Pdu~ational cultural and recreational activities which is not operated primarily for financial gain.
[(14) "Condominium" means a system of separate ownership of individual residential
units in a multiple residential building.]
[(15)J "Conforming" means in compliance with the regulations of the pertinent
zonin¢ district.
(~91 " onvenience store" means a small retail establishment intended to serve the daily or
f~grlent needs of the surroundingDei~hborhood population by offering for sale ore-packaged food
p(pdu~tc household items newspapers and maga?ines. and freshly prepared foods.
(mil "Council" means the county council.
( 11 " o m1,y environmental ~gport" means an informational document in a form and
having contents as pr ri d by the director in accordance with rules adopted pursuant to chanter 91.
Hawaii Revised Statutes available to the~ublic for inspection. which describes the physical. social.
eronomic and natural resource consequences of a orooosed action. including but not limited to a
discussion of alternatives to the orooosed action any environmental effects which cannot be avoided
should the proposal be implemented the relationship between local short-term uses of man's environment
and the maintenance and enhancement of lone-term pjoductiviri. any irreversible and irretrievable
commitments of natural resources which would be involved in the proposed action. and economic and
ocial analysis of thg,proopsed action The term does not include a state environmental impact statement
prepared in compliance with chapter 343. Hawaii Revised Statutes.
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(321 "Crpgproduction" means agricultural and horticultural uses including. but not
limited to production of grains field crops vegglables fruits tree nuts flower fields and seed production
ornamental crop tree and sod farms.
[(l6)] "Day care [facility] center" means a facility which is licensed or aporoved by
the [State] state. pursuant to chaRtgr 346. part IV oryart Vlil. Hawaii Revised Statutes. as amended. where
[seven or more] persons who are not members of the family occupyspg the premises are cared for without
overnight accommodations. This term includes day nurseries, preschools, ~ kindergartens [and adult day
care facilities.] which are not licensed ]2Y the state department of education and adult daycare centers
(mil "Data processing facili "means an establishment primarily involved in the
compj]ine ctoraee and maintenance of documents records and other types of information in digital form
rtili i~a mainframe comouter. This term does not include general business offices. computer related
ca~rc establishments and business or personal services.
[(17)J ~ "Density" means the number of persons, or dwelling units or rentable units for
a particular unit of gross land area. [When used with the terms low, medium, high, etc., it denotes relative
comparison only among the various disVicts or areas in the County.]
[(18)] (~§1 "Director" means the director ofthe planning department.
[(19) "Drive-in" means an establishment dispensing food or drink and catering to
customers who remain in, or leave and return to, their automobiles for consumption of the food or drink
on the premises, and includes any business designed for serving customers at a drive-up window or while
they are in their car.J
[(20) (B)] "Duplex [dwelling] and "double-family dwelling" means a building
containing only two dwelling units.
[(20) (A)] j~$] "Dwelling" means a building or part thereof designed for or used for
residential occupancy or both and containing one or more dwelling units[.]. and includes double-family
dwelljpg o_ r duplex mobile dwelling, multipl fe
amity dwelline and tingle-family dwelling.
[(20xC)] (,}Ql "Dwelling unit" means one or more rooms designed for or containing or
used as the complete facilities for the cooking, sleeping and living area of a single family only and
occupied by no more than one family and containing a single kitchen.
((21) "Easement" means an acquired privilege or right of use or enjoyment which an
individual, firm, corporation, unit of government or group of individuals has in the land of another.]
(401 n rgy caving device" means anKfa ili ~SSI ~ipment. aooaratus or the like which
malts .we of nonfocsil fuel sources for lighting. heating,yyr cooling.Qr which reduces the use of other tvoec
of n rgy~pP~dent on fossil fuel for generation.
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[(22)] L411 "Environmental impact statement" means [a statement which describes the
physical, social, economic, and natural resource consequences of a proposed action, including but not
limited to a discussion of alternatives to the proposed action, adverse environmental effects which cannot
be avoided should the proposal be implemented, the relationship between local short term uses of man's
environment and the maintenance and enhancement of long-term productivity, any irreversible and
irretrievable commitments of resources which would be involved in the proposed action, and economic and
social analysis of the proposed action.) an informational document prepared in compliance with chanter
343 Hawaii Revised Statutes and which discloses the environmental effects of a proposed action effects
of a p~poced action on the economic and social welfare of the community and state effects of the
economic activities arising out of the oronoced action measures oronosed to minimize adverse effects and
altemativec to the action and their environmental effects.
[(23)] 411 "Erected" [includes] means constructed, reconstructed, altered, placed, or
moved.
[(24)] l~ "Family" means an individual or two or more persons related by blood [or
marriage, or a group of not more than five persons (excluding servants), who need not be related by blood
or marriage, living together in a dwelling unit. The term "family" shall also include individuals in larger
group living situations described under family boarding home and care home.]. state sanctioned adoption.
foster parentagg guardianship or martiage. or a group of not more than eieht unrelated persons (excludin¢
servant, occ{dpvine a dwelling„unit. The term includes individuals in larger groyp living tit-
~atioc
described ac grip living facilities and family child care homes.
[(25)] 44 "Family [boarding home or adult family boarding] child care home" means a
[home which contains not more than one kitchen to accommodate group living by not more than eight
persons, whether or not such persons are related, and which is licensed by the State department of social
services and housing. The maximum tight persons permitted shall be in addition to the family or staff
operating the home] private residence licensed or appro. ved bXthe c_tate pursuant to chaps r 46. part VIII
Hawaii Revised Statutes as amended at which care or the rcs npQsibilia for the supervision. development.
caf nd protection ig,provided for a limited number of children who are living in the residence enact
from the parent or guardian.
(451 "Farm" means land used for the n~rnose of agricultural. livestock. poultry. or
aquatic production.
(461 "Farm dwellino" m
and
e~ngle family dwellin¢ ?ocated on or used in connection
with a farm or if the agricultural activiri orovides income to the family OCCUpyi~ the dwelling.
"Farmers market" means an area, open or partially enclosed, at which vendors
gather to sell personal property. The activity may also be referred to as `open or open air market.']
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(471 "F(~; lot" means a buildine site consisting of an access drive and a body in such a
maone~ rhar rhr h dv would be landlocked from a public street orprivate wav extent for connection by the
access drive.
[(26)(A)] (4$~ "(Gross floor area] Floor area. gross" means the total area of all floors of a
building including a basement measured along the exterior walls of such building.
((26)(B)] (QQ) "(Net Floor area] Floor area. net" means the total gross floor area of all
buildings occupying a (parcel] building site exclusive of floor area permanently allocated for parking or
loading spaces.
Ol "Food manufacturing and processing fa ili "means an establishment primarily
involved in the manufacture and pso < ine4f food products. other than an animal nroducts orocessine
establishment ')typical activities include but are not nececsat]Jy limited to noodle factories and coffee
ermdme• '
[(28)] (~j1 "Frontage" means that portion of a [parcel of property] building site which
abuts [on] a road, street, or highway.
[(27)] (~j "Future width lines" means lines established on the zoning mao. for purposes
of future widening of an existing street and establishing the front property line of pp affected [property.]
buildine site. The area within these lines or between a future width line and an existing street right-of--way
line, shall be deemed to be a street right-of--way[. See sections 25-262 and 25-264(b).)]_ and cannot be
considered in cotltps?[t1e the minimum vard required on anv buildine site.
f 5 ~ roue livin¢ facility" means a facility described under section 46-4. Hawaii
a 'srd Statutes ac amended which is licen ed or approved by the <tate as an adult residential care home
under section 321 I S 6 H^waii Revised Statutes or as an intermediate care facility/mental retardation
communih/ (ICFIMR Gl for persons includ[pe mentally ill who are not related to the home operator or
facili staff.
[(29)] ~q] "Guest house" means an accessory building used as sleeping quarters for
guests of the occupants of the main dwelling (on anon-commercial basis] and having no cooking facilities.
[(30)] "Guest ranch" and "resort ranch" mean an establishment with its surrounding
land which offers recreational facilities for activities such as riding, swimming and hiking, and
[supplemental] living (accommodation.] accommodations.
(56) "Home itpprovement center" meant a <inel .
Pstabg~
I~shment orimarily involved in
providing a large variety of P.gpdc and <ervicec directly a 'tad with buildine and home imorovements.
[(31)] "Home occupation" means [(A) Any use which:
(i) Is clearly incidental and secondary to the use of a dwelling for dwelling
purposes and does not change the character of the dwelling,
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(ii) [s customarily conducted entirely within a dwelling,
(iii) [s customarily carried on solely by the inhabitants of the dwelling,
(iv) Involves no display visible from outside the building,
(v) Involves no use of mechanical equipment except that which is normally used
for domestic or household purposes, and
(vi) Involves no selling of any commodity on the premises;
(B) And includes:
(i) The office, studio, or occupational room of an architect, engineer, lawyer, or
other similar professional person,
(ii) Any business conducted entirely by phone or mail and not involving frequent
bulk shipments. and
(iii) An office for doing homework of a person in business elsewhere;
(C) But excludes:
(i) Activities involving, encouraging, or depending upon frequent visits by the
public, and
(ii) Any shop or clinic of any type] anv activi intended to pLgvide income that is
married on within a dwelling, within an accessory structure to a dwelling or on a portion of a building site
need principally for dwelling pytposec.
[(32)] j~$1 "Hospital" means an institution in which patients or injured persons are given
medical or surgical care, and unless otherwise modified, the term is limited to the care of persons only.
[(33)] (~Q) "Hotel" means a building pLproup_of buildings containing [sleeping
accommodations in] six or more rooms or suites, which [do not constitute dwelling units for the use of
persons on a commercial basis,] provides trap<ient lod¢in¢ accommodations. meals. entertainment. and
various ~rsonal services for compensation- whether such establishment is called a hotel, [inn,] motel,
motor hotel, motor lodge, 1011. or otherwise.
[(34)] (¢QI "Junk yard" means [the use of] an outdoor or partially enclosed area. more than
two hundred square feet [of land] in size. used for storage or keeping of junk, scrap, or non-hazardous
waste materials, or [the use of any area] for [the] dismantling or wrecking [ot] vehicles or machinery or for
storage of parts resulting therefrom.
[(35)] X411 "Kennel" means [any premises where more than four dogs more than four
months of age are kept, boarded, or trained, on a commercial basis, whether or not in special buildings or
runways.] a c^....,,.~~~"I ectabli<hment in which does or domesticated animalc_ are housed. ¢roomed. bred.
boarded trained or cold all for a fee or comppncation. The term includes animal quarantine stations.
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(621 "Kitchen" means a room or a portion of a room desigpgd to be used for the
Drenaration of food and containing,~t least one item from all of the following categories:
(@l Fixtures. appliances or devices for heatirlyor cooking food:
(~l Fixtures. appliances or devices for washing utensils used for dining and food
Drenaration and/or for washing and preparing food- and
Fixtures. appliances or devices for refrigeration of food
[(36) "Landscape" and "landscaping" mean to improve by landscape architecture or
gardening.]
((37)] "Land use"[:see "Use."] means use of land. building use and use of any
'I in
(641 "I ivrcrnck" means all animals generallyassociated with farm'Lg which are raised or
Jet for food yM.t other agricultural p-gspncec Such animals include horses. cattle. Boats. sheep. chickens.
ducks, geese and other point and swine.
(651 "Livestock production" means a distinct agricultural operation or establishment
which keeps fe do or rai es livestock for commercial~urposes and as a principal land use These include
pigpgries dairies dairy and beef cattle ranching, feedlots chicken turkey and other poultry farms rabbit
farms. apiaries and aviaries.
(661 odee" means a building or gro4p of buildings. under sing) manag m nt
containing transient lodeine accommodations without individual kitchen facilities. and no more than forty
guest rooms or suites and generally located in agricultural. rural or other less populated areas.
[(38)(A)] (¢y] "Lot" means a building site or a parcel of land shown as a unit on an
approved [and recorded] subdivision map[.]. or a survey map.
(681 "Lot width" means that figure obtained by dividing the total area of a building site by
the maximum depth of the building site measured in the general direction of the side lines.
[(38xB)] "Lot line" means any boundary of S [lot] building site or property line[.],
and includes:
[(C)] "Interior lot line" (means] which is any jps line [of the lot] other than the
street frontage.
[(D)] (@1 "Rear lot line" [means] which is the lot line that is generally opposite the
street frontage.
[(39) "Mall" means:
(A) A promenade; or
(B) A public walk used for pleasure, display, circulation, activity, relaxation, or
exercise and composed of shrubs, trees, flowers, and street furniture of a minimum width of twenty feet.]
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(701 "Main building'=means a building in which is conducted a ptjncipal or main use on
the building site on which it is situated.
(711 "Manufacturing processing and packaging. general" means activities which are the
main puroose of establishments primarily involved in the manufacture processing assembly fabrication
refinement alteration and/or other end products suitable for sale or trade General manufacturine
pro irlgand packaglpp establi<hments are tho<e involving~ignifcant mechanical and chemical
processes large amounts of metal transfer or extended c_hift operations. Typjpal activities include. but are
not limited to• pgper and textile milling: wood millwork and the production of prefabricated structural
wood products the manufacture of soaps and detergents• rubber processing and the manufacture of rubber
products• the•production of~lasticc and other gvnthetic materials: prima metals processes: the
manufacturrof vehicles• machinery gnd fabricated metal productc• electroplating; cement making and the
production of concrete• gypsum and related productc• the production of chemical products: perfumes and
pharmaceuticals• and th@„Qroduction of pgving and roofing materials. General manufacturing does not
•~~lude those activities associated with petroleum processing; the manufacture of exolosivec and toxic
~hemicals• waste disposal and processing and/or t processine salvage- scrap and junk materials
(72) "Manufacturing~processing,gnd~ackagjIIy__ lieht" means activities which are the
main pumoce ofectablishments primarily involved in the manufacture. processing, assembly. fabrication.
refinement alteration and/or other end Qrgducts suitable for sale or trade. Light manufacturing. processin¢
and p
c~kagin¢ establishments involve activities which are non-offensive to adjacent uses: involve no ooen
storage or other types of outdoor accessory uses other than parking and loading: do not involve processes
which generate significant levels of heat. noise. odors and/or particulates: and do not involve chemicals or
other substances whi~pose a threat to health and safety Typical activities include. but are not limited to.
I~production of handcrafted ¢oodc electronic<-intensive eyyipment. components related to
inctn~mentation and measuring devices bio-medical and telecommunications technologies. computer parts
and software opti ac I andphotQg aohi ghipment_ and other manufacRring processing and packa¢in¢
~~ses meeting~e criteria prescribed herein.
1231 "Medical clinic" means an office building or groyp of offices for persons engaggd in
t~practice of a medical or dental~rofe<_c_ion or occupation. A medical clinic does not have beds for
o~v
_rni_ght care of Qatients but can involve the treatment of outpatients. A "medical profession or
occupation" is anv a tivi involving) .diagnosis, curs. treatment. mitigation or prevention of disease or
which affects any4odi~y function but does not include chiroQractic and massage treatment and services.
(741 "Meeting facili " means a permanent facility or recreational- social or multi-
p~rpo<e use which has no overnight accommodations. and which may be for organizations oceratin¢ on a
memberchip basic for t~promotion of member<' mutual interests or may be rimarily intended for
ZONING CODE REVISION-R~mwy~r vvdm
13 DRAFT • Z/B/99
community psposes. Typical uses include private clubs. union halls. community centers. and student
centers.
[(20)(D)](js~ "Mobile dwelling" means a structure or vehicle containing one or more
dwelling units designed so as to be transportable either by being carried or towed or under its own power,
whether or not the wheels, skids or other devices for transportability are actually in place.
[(40) "Mobile home park" and "mobile dwelling park" mean any space that is occupied or
designed for occupancy by one or more mobile dwellings.]
[(20)(E)J(j~] "Multiple-family dwelling" means a building containing more than two
dwelling units.
[(41)] jj71 "Nonconforming building or parcel" means a building or parcel lawfully in
existence on $gptember 21 1966 or on the date of any amendment to this chapg, but which does not
comply with the regulations for the zonine district in which it is located.
[(42)] j,Z$) "Non-conforming use" means a use lawfully in existence on September 21,
1966 or [a later] Dn the date of anv amendment [hereto] to this chapter. but which does not conform to the
regulations for the zonine district in which it is located.
[(43)] jZQ1 "Ghana dwelling" means a second dwelling unit permitted to be built as a
separate or an attached unit on a [lot] building site [where a dwelling unit is permitted pursuant to the
provisions of article 25 of this chapter.] but does not include a guest house or a farm dwel IinQ,
[(44) "Older community" means a designated area within developed land that has
established a community character due to the age of the physical improvements and is substandard in any
one of the minimum building, street, water or sewage disposal requirements of the County. (See section
25-39(3).)]
[(45)] j,$(~ "Pedestrian way" means a public right-of--way through a block between lots for
pedestrian traffic, which may also be used as a utility easement [ofJ and which has a maximum width of
twenty feet.
(811 "Personal services establishment" means an establishment which offers specialized
goods and cervices purchased freQttent[~~y the conwmer Included are barbershops beauty chomc.
mac age facilities chiropractic clinics garment repair laundry cleaning ores ing_ dvein¢. tailoring. shoe
~mair and other similar establishments.
[(46)] "Piggery" means any parcel or premises where five or more weaned hogs are
maintained.
[(47)] "Plan approval" means [a method of allowing closer inspection of all
developments in certain] the review and aomroval of pf~nc for new structures and additions to existing
20NING CODE REVISION•Mm~~vx vv~ion
14 DRAFT - 2/8/99
structures. and certain uses in specified zoning districts in order to assure [hat the intent and purpose of this
chapter are carried out.
((48)1$41 "Plan lines for future streets" means lines established on the zoning maD for the
[purposes] purpose of future street construction and establishing the front property line of I~ affected
[property] building site. The area within these lines shall be deemed to be I[l~ street right-of-way[.],.a~
cannot be considered in computing the minimum area or yard required on any building site.[(See section
25-263 and 25-264(c).)]
(851 "Public ice",_public building" and "public structure" means a use conducted by or a
structure or building owned or managed by the federal govemment. the state of Hawaii or the Counrv to
fulfill a eovernmental function activity or service for public benefit and in accordance_with Dublic policy
Excluded are_uses which are not purely a function. activity or service of govemment and structures leased
~~ovemment to private entrep~Pneurs or to non-profit organizations.
( "Recycline center" means an establishment on a building site. with or without
b 1~'Iding~pyn which used materials are separated and p~~cessed for shipplent for eventual reuse in new
products A recycling collection point or an area which serves only as a drop-off Doint for temporary
ctorag oe f recy~lables shall not be considered a recycling center.
[(49)] I$Zl "Rentable unit" means a separate room or rooms for sleeping accommodations
let, rented, or leased as a unit by the room or suite, except that in the case of sleeping accommodations let
or rented by the bed, a rentable unit shall be two beds.
(88) "Rgpair establishment major" means an establishment which primarily
,psovidec restoration reconstruction and ¢eneral mending and re4Dair cervices and which includes any
~Dair activ itiec which are likely to have come impact on the environment and adjacent land uses b vv irtue
of their appP -mac noise size trafficgeneration or opgrational charactericticc Major repair
P<tablichments include but are not limited to_
(A) Blacksmith.
(Bl Boat cleaning and repair.
(~1 Electrical ¢acoline and diesel motor repair and rebuildin¢.
(j~ Furniture repair.
(F) Industrial machinery and heavyggyipment repair.
(Fl Vehicular repair includipg repair of body and fender and strai¢htenin¢ of
frame and bodesparts.
(891 Cp ' tablichment minor" means an establishment which Drimarily Drovides
restoration r ct~~ction andgeneral mending and repair cervices and which includes those repair
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j5 DRAFT - 2/8/99
activities which have little or no impact on surroundine land uses and can be compatibly located with other
businesses. Minor repair establishments include. but are not limited to:
(Al Automobile repair. including auto painting and motorized bicycle repair.
ptovided all repair work is performed within an enclosed structure and does not include repair of body and
fender and straightening of frame and body.parts
(Bl Eygglasses. hearine aids and prosthetic devices. production and repair
(Cl Furniture u olsterv.
(Dl Garment repair.
(Fl General repair shoo.
(Fl Non-motorized bicycle repair.
(C~1 Radio television and other household appliance and eopipment repair. except
for thoc~poliances wi[~gasoline eneines.
(Hl Shoe repair.
(Il Watch. clock an~ewelrv repair.
[(50)] (QQ~ "Resort area" means an azea with facilities to accommodate the needs and
desires primarily of visitors, tourists and transient guests.
{911 "Restaurant" meant an establichment which is regularly and in a bona fide manner
used and kepi open for the cervjpg of meals to patrons for compensation and which has suitable kitchen
facilities connected with the establishment containin¢ the necessarvggyjpment and supplies for cookin¢
an assortment of foods which max4e regyired for ordinary meals. Additionally. at least thirty Dercent of
the establishment's gL~ re~P~~~P must derive from the tale of foods.
{921 "Retail establishment" means an establichment which sells commodities orgoods to
the consumer and may include dicp~v rooms and incidental manufacturing of moods for retail sale on
premises only, Tvoical retail establishments include convenience stores grocery and specialty food stores
general department stores drug and pharmaceutical stores. hardware stores pet shoos. appliance and
gpparel stores tour travel and ticket age~~'Ps and other similar retail activities The term does not include
gpen storagg} ardc for new or used buildjpg materials yards for scrap. caly a operations for stora¢e or
d~nlav of automobi[g.partc service stations repair ¢aragPC or veterinary clinics and hospitals.
[(51)] (Q}1 "School" [refers to] 111C80S a place for teaching, demonstration, [or] teaming[.],
or organized groyp instruction. Unless otherwise qualified, "school" means a place for primarily academic
instruction equivalent to what is commonly known as preschool, kindergarten, [grade] elementary school,
intermediate school. high school, trade or vocational school. business school. college or a combination of
any of them.
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(941 "Self-storage faciliri" means a structure or structures. containing individual locker
compartments which allow individuals access to store possessions in these compartments Each locker or
storage area is self-contained and can be secured.
[(52) "Story": refer to Building Code (chapter 5).]
[(20)(F)](Q~) "Single-family dwelling" means a building containing only one dwelling
unit.
[(53)] LQ¢) "Street" means a [private or public way or thoroughfare, however designated,
which affords the principal means of vehicular access to abutting properties.] ~ t-of-w for vehicle
p~poses andand pedestrian traffic and the Qlacement of utilities or a„p ivr ate r• t-of-way for vehicular
p,Qmoses which provides access to buildjgg sites
[(54)] (p]~ "Street frontage" means that portion of a building site that has a common line
with a street right-of--way line [and the],~jlg street frontage is designated as the front property line.
[(55)] (Q$.) "Structure" means [any combination of materials forming any construction the
use of which requires] ~ hing~bove existing grade constructed or erected with a fixed location on the
ground. or requiring a fixed location on the ground, or [attachment] attached to something having ~
requiring a fixed location on the ground[, and shall be construed as though followed by the words "or part
thereof."] The term "ctructnre" includes the term "building".
[(56)] f,QQ,) "Surveyor" means a person duly registered as a professional land surveyor in
the State.
(1001 "Telecommunications antenna" means an antenna. tower and other accessorv
ctnlr~.,res for radio fre_q~y-(RF) transmissions intended for specific users who must haves cial
ggyioment for transmission and~or recep~n. Also included are broadcasting facilities reeulated by the
F al Communication Commission (FOCI under the Code of Federal Regulations. par. 74. which
inAndre low power television. Included are land-mobile or two-way radio. and one-way radio Daeine
service broadcastin¢ Also included are independent receiving faeilities which do not qualify as accessorv
Uses h`ot included are portable hand held and vehicular transceivers or radios: industrial. scientific and
medical egyjpment op re ating At fregyencies designated for that pyLposa by the Federal Communications
Commission (FCCI• marketed consumer Drod Irts c~~~h a microwave ovens. citi en band radios- ham
radios and remote control tovs• and facilities for the receiving of these transmissions. including individual
radio and television appliances.
(1011 "Theater" meant a facility which is used primarily for the performing arts or for the
viewing of motion p~Rre films Included are performine arts centers. concert halls and other types of live
theaters.
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(1021 "Time share unit" means any multjple-dwelling unit or hotel which is owned
occup' or possessed under an owner hip~nd/or use agreement among various nr cnn f i th n a
six -day period in anyyear for any occupant and is regulated under the provisions of chapt r l4
Hawaii Revised Statutes. as amended.
(1031 "Transient vacation unit" means a dwelling unit which is f~!michrrt Fr,~
compensation to transient occupants for less than thirty days. other than a bed and breakfast ectabli hment
[(57)] {1041 [(A)] "Use" means the purpose to which land or any structure or
improvement thereon or both are or may be put. The word "use" is synonymous with terms "land use" and
"use of land" unless the context clearly indicates otherwise.
[(B) "Accessory use" means a use which is customazily associated with and
subordinatertolhe main or principal use and which is located on the same building site therewith.
~:il (C) "Land use" includes "use of land," "building use," and "use of building."
(58) "Used" includes designated, intended or arranged to be used.
(59) "Vista" means a long view, an exceptional view, a panoramic view, or means the
overlook or point from which such view is available.]
(1051 "Warehousing" meant the storage of raw materials, finished products. merchandise
and/or other goods. within a building for subsequent delivery. transfer and/or Dick-uD.
(1061 "Wholesalingand distribution" means the sale and/or distribution of manufactured
and/or processed products. merchandise or other goods in large quantities for subsequent resale to retail
establishments. and/or industrial. institutional and commercial users.
[(60) (A)] (1071 "Yard" means an open space on the same (lot] ¢{~ildine site with a
building, which open space lies between the building and the bounding lot lines, and is unoccupied and
unobstructed from the ground upward except for landscaping and except for [certain features specified in
division 1Q article 1 of this chapter.] fences. walls. architectural features. Wools- Porte cocheres, cornices-
canopies. roof overhangg av c Rprches. balconies. terraces. £re escapes. <_tairs. ramps and other similar
features authorized under article 4. division 4 of this chapter. and includes:
[(B)]jA] "Front yard" [means] which is a yard lying between the street line on
which the [lot] buildingsite fronts g~the future width line or the Dlan line for future street and a line
parallel thereto which runs through the point of the building nearest to said street line[.]. future width line
or plan line. The depth of said yard is the distance between the parallel lines. [(See sections 25-62(c).)]
[(C)] ($1 "Rear yard" [means] which is a yard lying between the rear lot line and
aline 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.
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18 DRAFT • 2/9199
[(D)] j~ "Side yard" [means] which is a yard lying between the front yard, the
rear yard, the side lot line and a line parallel thereto which runs through the point of the building nearest to
said lot line. The width of said yard is the distance between the parallel lines.
[(61) "Zone" means a district as used in this chapter.]
u,
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19 DRAfT • 2/8/99
[Division 2.] Article 2. Administration and Enforcement.
Division 1. General Administration.
Section [25-5.~ 25-2-1. Duties of [County un offcers.
(a) [It shall be the duty of the] T]t~ building official [to] t~ ial(enforce any provisions of this chapter
relative to building construction and occupancy.
(b) [It shall be the duty of theJ T.hg director (to] sh~J1 enforce all other provisions of this chapter
pertaining to land use.
(c) [It shall be the duty of all] 0.[] law enforcement officers of the County [to] enforce all the
provisions of this chapter.
Section (25-ti.[ 25-2-2. [Prohibitions ip issuance] Issuance of permits or licenses[.) iII
conformance with chapter. All departments, officials, and public employees authorized to issue permits
or licenses shall conform to the provisions of this chapter and [shall issue no permits or licenses for uses,
buildings, or other purposes] I14 permit or license for anKuse. building. or other propose shall be issued
where [it] the license or permit would be in conflict with the provisions of this chapter. Any permit or
license, if issued in conflict with the provisions of this chapter, shall be void.
C~e~tion 25-2-3 Review and acceptance of applications.
(al Anv annlication filed with the director or the commission. pursuant to this chapter. includin¢
but not limited to a zoninE ame^a~^a^~ var~aoca •se perr'.t- plan approval. ohana dwellinq„Dermit.
planned unit development permit or clucfg~plan development permit. shall be reviewed by the director for
completeness within fifteen davs from the date that the application was filed by the applicant.
D rinyjhe fifteen daKperiod the director shall either determine that the application is
complete and accept the application ac of the date that the application was filed by the applicant or shall
determine that the application ie defective.
~l If the director determines that the application is defective. the application shall be returned to
the applicant toePther with a deficiencv notice which lids the information missing from the application.
(s[l Anv application that is rgjPcted ac defective may be refiled to¢ether with a copv of the
deficiencv notice and the rgq~~~rPd additional information The resubmitted application shall be accepted as
complete s of the date of rccubmiccion provided that all required additional information has been
c ~bmitt d
(gl If the director fails to ac n anv a~~sation within the fifteen-dav period. the application
shall be deemed complete and ch°II be considered accepted as of the date that the application was filed.
(f1 The director shall publish on a semi-monthlYbasis a list of all applications accented under this
section in at least h.~o newg_panP c of oP~ttal circulation in the county Such list shall include the name of
tfre properiv owner tax map
Isgy number(d of the prQy~y the land area and street address if available
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ZO DRAFr 1/B/YG
;Zection 25-2-4 Notice to property owners and lessees of record of pending application
Whenever aqv aoolication under this chapte. r requires notice to owners and lessees of record
interests of the surroundingpr~perties:
f I l Cush notice shall he served to the owners and lessees of record of all lots of which anv
portion is within three hundred feet of any_point alone theperimeter boundary of the building,site affected
~
tv he application if the building cite is located within the state land use urban or rural district or
!11 Such .,,,t;ce shall he served on the owners and lessees of record of all lots of which anv
portion is within five hundred feet of any_point alone the perimeter boundary of the building site affected
¢y the application if the buildingeite ~c located within the state land use agricultural district. except that if
the s~~.,~~undjlle lots aye Incared within either the state land use urban or rural district. notice shall be served
on the owners and lessees of record of all lots which arty portion is within three hundred feet of the
building site:
(bl The applicant shall first serve notice of the filing of the application on the surroundine owners
and lessees within ten davs after the application has been filed with the director or commission. and shall
again serve notice of the application and of arty_proposed action or public hearing on the surrounding
owners and lessees within ten days after receivin¢ notice from the director or the commission of the date
of the proposed action or hearing The second notice shall be served not less than ten davs prior to the date
of the prooo<ed action or hearing,
~l In determininelhe names and addresses of the affected owners and lessees of record. as
repo lured by
this section the applicant shall utilize the data available from the real property tax office:
plovided that where the director has received written notice of additional or subsequent owners or lessees
of record and has co informed the applicant the applicant shall also provide the required notice to such
persons The applicant shall also provide notice to such other owners and lessees of record when the
applicant otherwise has actual knowledge of such other owners or lessees of record
(d1 The notice to the affected p~
e~rty owners and lessees shall include the followin¢ information:
f11 The name of the applicant:
f,~ ~prgcise location of the proper involved:
f}] The n°ture of the application and the proposed use of the propertvc
jg1 The date on which th~apr+l~cation was filed with the director or the commission: and
j~ If the notice is for anyproposed administrative action by the director or for anv public
h~rine to be held by the commission the date on which the admini<trative action by the director will taken
on the aoolication or the date on which a•public hearing will be held to consider the application.
[gl Prior to the directo~Dropoced admini<trative action or prior to the commission's pub,1
nearing the apglic nt shall submit to the director or the commi«ion ac appropriate proof of <ervice or of
good faith efforts to serve notice of the application on the de<ignat d prop~y ownerc_ and lessee_c. Such
ZONING CODE REVISION•Rartueyar vmabn
2I DRAFT z/eroo
proof may c ' r of certified mail re~giyts affidavits declarations or the like The failure of a property
owner or lessee to receive written notice as provided in this section shall not invalidate anv action by the
director ot„pro edipg by the commission provided that gQpd faith efforts were made b t~pplicant to
serve notice on the affected r e owner or lessee.
Section 25-2-5 Public hearing notices
(al Whenever published notice is required under this chap~pIJSL1p~Ily commission p li
hearing,~xcept for anv action initiated by the director the commission shall publish notice of the hearin¢
in at (east two ne ~aoers of ggr1eral circulation in the Counry~t least ten day~lrior to the date of the
public hearing unless a lo9g r ti grind is required ~Y either statute or charter provision in which case
the notice p-rio~,.proyided b~ctatute or charter provision shall anoly. The notice shall specify the time.
date and place of the hearing, i~pgmose and a description of the property involved.
(bl The commission mayyl~blish consolidated notices of anv public hearin¢s to be held on the
same date• provided that the consolidated notices state specific information regarding the time. date and
place the purpose and a dec~jption of the property involved in each matter.
Section [25-9.] jam(, Waiting period otter denial of application [for reliel]. Unless
otherwise provided in this chapter. [Whenever] w v an application for an amendment to this chapter,
or for a variance use permit, a plan approval, or a P.U.D.] from this chanter. or for any other permit
authorized under this chanter has been denied, no new application for the same relief. action or use
covering all or any portion of the property involved in the original application shall be [received] accgpted
by the [planning department or planning] director or the commission for a period of one year from the
effective date of the final denial of the original application; provided, w v that upon a showing of a
substantial change of circumstances, the [planning department or planning] director or commission may
permit the filing of [such] it new application prior to the expiration of [such] ~ one year period. Nothing
contained [herein] in this section shall prevent the councilor the [planning commission] director from [at
any time] initiating any proceedings [which either of said bodies may initiate pursuant to] at any time under
this chapter.
[Section 25-10. Utilization of approvals within two years. Whenever any variance, use permit,
plan approval, or sign approval not otherwise conditioned has not been utilized within a period of two
years from the date of final approval, then without any further action such variance, use permit, plan
approval, or sign approval shall become voided and thereafter may not be used.]
Section [25-11.] 25-2-7. Effect of changing districU on prior approvals. Every administrative
action for any given [parcel of land] buildin¢ site becomes void upon the changing of the disVict within
which the [parcel] buildine site lies unless such administrative action deals with a regulation which is
precisely the same under the regulations of the new disVict or unless the administrative action is taken with
full knowledge of a proposed or impending change of disVict, in which case the approval of such
ZONING CODE RENSION-Ram~eyx venbn
22 DRAFT b8199
administrative action shall state that the action is equally acceptable under the existing and proposed or
impending specified new district.
Section (25-12.~ 25-2-8. Applications including lesser [action.] actions: concurrent
applications.
(a) An application for any administrative action. meaning~~tion req Trine anproval of only
the director and not the commission. may include a request for a lesser action without payment [for] puny
additional filing fee provided that any notice of any required hearing shall contain information relating to
the total requested or contemplated action.
(b) (Each action in the following list shall be a lesser action than any which precedes it:
• (l) P.U.D.;
(2) Variance;
(3) Use permit;
(4) Plan approval;
(5) Sign approval,] Two or more applications involving the same buildinEsite or the
same pl:Q,iect r@g iri commission action may be considered concurrently by the commission_ provided
that the commission decision on each application shall be issued separat ly by the commission.
(c) [Actions] An action to amend this chapter may be considered concurrently with other
administrative and commission actions, but [applications for and decisions thereon shall be accomplished
separately.] an application to amend this chapter must be filed independently of other applications for
administrative or commission action. and any decision on an application for an amendment to this chanter
shall be iecued separately from decisions on other administrative or commission requests.
Section [25-13.[ 25-2-9. Privileges granted rua with land. All [administrative actions]
amendments to this chapter and aJl.pertnits and approvals issued under this chanter shall apply to the
applicable land, building, development, or use and shall not be granted if the action sought would not be
equally acceptable under a vaziety of owners, and such privileges granted shall run with the land and shall
not reside in any particular owner or occupant of any premises.
4ertion 25-2-10 Wsiver of rgq~~irementa in consolidation and resubdivision. If the director
finds that the p~~blic welfare and saferi will not be violated. the director may waive portions or all of the
Cequirements and standards of this chaorP~ for consolidation and resubdivision action resulting, in the
~Pation of the same or lets number of lots than that which existed prior to the consolidation or
resubdivision action• provided that prior to the ~rantinQ of any waiver. the director shall confer with the
chief engineer and the manager of the department of water supply and other applicable government
agencies.
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23 onncr sreres
Division 2. ADDea1s.
Section [25-7.J Z5_2_20. [Appeals to the board of appeals.[ Persons who may~Rpeal:
procedure.
~ Any person aggrieved by the decision of the director or the commission in the administration
or application of this chapter, except for decisions regarding variance applications and decisions which are
directly~ppealable to the circuit courts under state law. may, within thirty days after the date of the director
or [theJ commission's written decision, appeal the decision to the board of appeals. [The board of appeals
may affirm the decision of the director or the commission, or it may reverse or modify the decision if the
decision is:.
(I) In violation of this chapter or other applicable law; or
(2) Clearly erroneous in view of the reliable, probative and substantial evidence on the
whole record; or
(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion.
The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary
for the purposes of this section.]
Any_person aggrieved by the decision of the director or the commission regardinE a variance
apnlication may
anneal such decision in accordance with the provisions of sections 25-2-55 through
25-2-57 of this chapter.
A person is aggrieved bye decision ofthe director or the commission if:
(jl~pgrcon's has an interest in the subiect matter of the decision that is so directly and
immediately~ffected that the person's interest is clearly distinguishable from that of the general public:
it0~
f21 rson is or will be adverse affected by the decision.
(dl An appeal shall be in writin¢ in the form ptyc ri d by the board of appeals. and shall specify
t~person's interest in the subject matter of the aooeal and the Grounds of the appeal. Anv such appeal
shall be accom np1 ied by a filing fee of 5250. The person appealing a decision of the director or
rommiccion shall Drovide a ~pv of the appeal to the director or commission. as anorooriate. and to the
owners of the affected property.
(gj The appgllant the owners of the affected pLQpg~~ and the director or the commission_ as
appropriate shall be parties to an aooeal. Other persons may be admitted ac_ parties to an aooeal. as
permitte~~the board of appeals.
(Section 25-8. Authority of board of appeals. Any person aggrieved by a decision rendered
under this article may appeal the decision in accordance with section 25-7 of this chapter.]
24 ZONING CODE REVISION-Ram~eya~
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Section 25-2-21. Performance of permit conditions pending appeal. Whenever any appeal is
filed after a permit or approval has been issued and the permit or approval contains conditions rem It~rinq
performance within specified time periods the time for performance of any such conditions shall not
commence until after a final decision is rendered in the appeal.
Section 25-2-22. Conduct of appeal hearing: costs.
(al Within twen(y days after receipt of a notice of appeal. the director or commission. as
appropriate. shall transmit to the board of appeals the entire record or file of the proceeding beine
appealed The entire record or file from the director or commission as appropriate shall be part of the
board of appeals's record in an appeal. and shall be reviewed by the board of appeals in the appeal.
(bl Xe full hearing shall be held by the board of appeals in anv~ppeal in accordance with
chapter 91. Hawaii Revised Statutes.
S 1 A verbatim audio recording4r stenographic record shall be made of the hearinE and shall
remain on file in the office of the board of appeals. Ggpies of such verbatim record of any hearing may be
ordered by any_partv with the cost thereof to be paid by the p~ ord ring such copy or copies.
(dl The appellant has the burden of proof in an appeal before the board of appeals.
SPrtion 25-2-23 Standard of review. The board of appeals may affirm the decision of the
director or the commission. or it may reverse or modify the decision or remand the decision with
appropriate instructions based upon the preponderance of evidence the board finds that:
The director or commission_ as appropriate. erted in its decision: or
(21 The decision violated this chapter or other applicable law: or
(31 The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly
anwartanted exercise of discretion.
Section 25-2-24 Adopsjon of rules. The board of appeals shall adopt
riles
pursuant to
5haptPr 91 Hawaii Revised Statutes- necessary for the implemenLtion of the provisions regarding appeals.
Division 3. Violations. Penalties. Enforcement.
Section [25-14.] 25-?-30. (Approvals void upon failure to comply with conditions.]
Violations. Apv approval or permit issued pursuant to the provisions of this chapter shall comply with all
applicable rgquirements of this chanter. Failure to comply with [any] conditions jmposed as Dart of
[attached to] any [administrative) approval [shall void such approval.) or Dermit. including variances from
th~provicions of this chapter. shall constitute a violation of this- chanter.
Section [25-15.J 25-2-31. Criminal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon
conviction thereof shall be sentenced as follows:
20NING CODE REVISION-R~~mayar vanlan
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(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior conviction for
violation of this chapter, by a fine of not less than $500 but not exceeding $1,000.
(b) Afrer a conviction for a first violation under this chapter, each further day of violation shall
constitute a separate offense if the violation is a continuance of the subject of the first conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii
Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes.
(d) Any authorized personnel may issue a summons or citation to an alleged violator in
accordance with the procedure specified in this section. Nothing in this section shall be construed as
barring suc~~uthorized personnel from initiating prosecution by penal summons, by complaint, by warrant
or such other judicial process as is permitted by statute or rule of court.
(e) Any authorized personnel issuing a summons or citation for a violation of this chapter may
take the name and address of the alleged violator and shall issue to the alleged violator a written summons
or citation notifying the alleged violator to answer at a place and at a time provided in the summons or
citation.
(f) There shall be provided for use by authorized personnel a form of summons or citation for use
in citing violators of this chapter which does not mandate the physical arrest of such violators. The form
and content of such summons or citation shall be as adopted or prescribed by the administrative judge of
the district court and shall be printed on a form commensurate with the form of other summonses or
citations used in modem methods of arres4 so designed to include all necessary information to make the
same valid under the laws and regulations of the [State] state of Hawaii and the County [of Hawaii].
(g) In every case when a citation is issued, the original of the same shall be given to the violator,
provided that the administrative judge of the district court may proscribe the giving to the violator of a
carbon copy of the citation and provide for the disposition of the original and any other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of
iu respective original.
Section [25- 25-2-32. [Authorized Personnel.[ $jp_ht of entry for authorized personnel.
[For the purpose of this article, "authorized personnel" shall be a police officer or a person(s) authorized in
writing by the planning director.
(a) Right of Entry.] When it is necessary to make an inspection to enforce the provisions of this
chapter, or when the authorized personnel has reasonable cause to believe that there exists upon a building
or upon a premises [of a IotJ oyRpn a buildin¢ site a condition which is contrary to or in violation of this
chapter which makes the building or promises [of the lot] or the building site unsafe, dangerous or
hazardous, the authorized personnel may enter the building or premises or the [lot] building,
is to at
reasonable times to inspect or to perform the duties imposed by this chapter, provided that if [such) ~
20NING CODE REVISION•R~maeyx vanbn
26 oRnar yeiao
building or premises [be] ~ occupied that credentials be presented to the occupant and entry requested. [f
such building or premises be unoccupied, the authorized personnel shall first make a reasonable effort to
located the owner or other person having charge or control of the building or premises and request entry.
If entry is refused, the authorized personnel shall have recourse to the remedies provided by law to secure
entry.
CPction 25-2-33 Limited liabilitv~f authorized Rersonnel. [(b) Liability.] The authorized
personnel charged with the enforcement of this chapter, acting in good faith and without malice in the
discharge of the duties required by this chapter or other pertinent law or ordinance shall not thereby be
rendered personally liable for damages that may accrue to persons or property as a result of an act or by
reason of an act or omission in the discharge of such duties. A suit brought against the authorized
personnel because of such act or omission performed by the authorized personnel in the enforcement of
any provision of this chapter or other pertinent laws or ordinances implemented through the enforcement of
this chapter shall be defended by [this jurisdiction] the Counri until final termination of such proceedings,
and any judgment resulting therefrom shall be assumed by [this jurisdiction.] the Counri.
Section (25-16.] 25-2-34• Injunctive action.
The County may maintain an action for an injunction to restrain any violation of the provisions of this
chapter and may take any other lawful action to prevent or remedy any violation.
Section [25-16.1.] 25-2-35. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections [25-I S and 25-16,] 25-2-31.
?5_2_32. and 25-2-34. if the director determines that any person is violating any provision of this chapter,
any rule adopted thereunder, or any permit issued pursuant thereto, the director may have the person served
by personal service or by~ertified mail. with a notice of violation and order pursuant to this section. ~g
director may also have a cgyy of the notice of violation and order p~cted at the building cite
(b) The notice of violation shall include at least the following information:
(1) Date of the notice;
(2) Name and address of the person noticed;
(3) Section number of the provision, or rule, or the permit which has been violated;
(4) Nature of the violation; and
(5) Location and time of the violation.
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Cortect the violation at the person's own expense before a date specified in the order;
(3) Pay a civil fine not to exceed $500, in the manner, at the place and before the date
specified in the order;
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(4) Pay a civil fine not to exceed $500 per day for each day in which the violation
persists, in the manner and at the time and place specified in the order.
(d) The order shall advise the person that the order shall become final thirty days after the [date of
its personal service] person's receipt of the order. unless the director's decision is appealed to the board of
appeals within the thirty-day period.
(e) The provisions of the order issued by the director under this section shall become final thirty
days after the [date of the personal service oQ receipt of the order, unless the director's action is appealed
to the board of appeals as provided in this section.
(f) Any person adversely affected by any order issued under this section, may within thirty days
after the personal service of the order, appeal the order to the board of appeals as provided by section 5-6.3
of the County charter and sections [25-7 and 25-8] 25-2-20 throng 25-2-24 of this chapter[; provided,
however, that the board of appeals shall not be limited in its review of the director's order to the standards
for affirming, reversing or modifying the director's decision contained in section 25-7]. An appeal to the
board of appeals shall stay the provisions of the director's order pending the final decision of the board of
appeals.
(g) The director may institute a civil action in any court of competent jurisdiction for the
enforcement of any order issued pursuant to this section. Where the civil action has been instituted to
enforce the civil fine imposed by said order, the director need only show that the notice of violation and
order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine
imposed has not been paid.
(h) Annually, on September 1, the director shall file with the bureau of conveyances, liens on all
properties which have been the subject of fines levied under this section, which remain unpaid for one year
or more after final adjudication and the expiration of the time for any further appeal.
(i) Fines, assessed under this section shall constitute a lien upon the subject property upon the
filing of said lien with the bureau of conveyances. This lien shall be considered, for purposes of authority,
to be the equivalent [ofJ liens which arise pursuant to the provisions of chapter 19 of this Code.
Section (25-17.J ZS-2-36. Remedies cumulative. The remedies provided in this chapter shall be
cumulative and not exclusive.
[Division 3.J Division 4. Amendments.
Section [25-18.J 25-2-40. When [Zoning Code) zoning code may be amended. This chapter
may be amended by changing the boundaries of districts or by changing any other provision in this chapter
whenever the public necessity and convenience and the general welfare require such amendment[.J,>~
when such amendment would be consistent with the goals" policies and standards of the general olan.
Section (25-19.J 25-2-41. Who initiates amendment. An amendment may be submitted by[:
(I) The council;
10NING CODE REVISION•Rameryer rsr~bn
2H DRAFT ueros
(2) The planning director; or
(3) Owner of the property.] the council. the director. the owner of the property. or anv
other person with the property owner's authorized consent.
Section [25-20.j 25 2-42. Amendments initiated by property owners[.] and other Qersons.
[(c)] ~ [Application] n application for a change of zoning district ~~propertv_ owner. or anv
other pion with the ~pp~ owner's consent. shall be on a form prescribed by the director and shall be
accompanied by:
(1) A filing and processing fee of ($100.] $500 plus $25 per lot or unit proposed by the
amendment...
(2) A description of the property in sufficient detail to determine its precise location.
(3) A plot plan of the property, drawn to scale with all existine and proposed structures
shown thereon, and any other information necessary to a proper determination relative to the specific
request.
A list of the names. addresses and tax map
key numbers for those owners and lessees
of record of surroundine,properties who are required to receive notice under section 25-2-4.
A counh~nvironmental report. A county environmental report shall not be required
for any amendment where either an environmental impact statement pra[Lenyironmental asc_esc_ment and
ngpative declaration have beenprgpared and issued in compliance with chapter 343. Hawaii Revised
Statutes. as amended.
[(4)] 1~L1 Any other plans or information [requested by the director or planning
commission; provided that all proposed amendments involving the construction of hotel or condominium
developments, shall require the submission of an environmental impact statement.] ~gquired by rules
adopted by the director in accordance with chapter 91. Hawaii Revised Statutes.
(b) Within ten day~yfter filing an application for a chance of zone. the applicant shall serve notice
of the anplication on surroundin~Q~=~•Prs and lessees of record. as provided by c_ection 25-2-4.
[(a)] jp] [n considering an amendment initiated by a property owner or other person which
proposes to change the district classification of any property, the director shall consider the purposes of the
existing and proposed district and the purposes of this chapter and shall recommend a change in a district
boundary only where it would result in a more appropriate land use pattern that will further the public
necessity and convenience and the general welfare[.] and be consistent with the teals. policies and
standards of the general plan
(1) The director shall recommend either the approval or denial of the proposed
amendment to the [planning] commission subject to conditions which would further the intent of this
chapter and the general plan and other related ordinances.
ZONING CODE REVISION•Ranueyef vNtkn
29 pRn~ venu
(2) The director shall make the recommendation within [two hundred forty] one hundred
twenty days after [the filing of a properly completed application or such longer period as may be agreed to
by the applicant.] an application has been accepted by the director.
(3) [Upon the director's recommendation, the application shall be forwarded to the
planning commission for its review, report, and recommendation which shall be forwarded to the council
through the mayor. The applicant shall file a map and description by metes and bounds of the property as
certified by a surveyor prior to the planning commission's filing of a report of their findings and action
taken to the council.] If the director fails to make a recommendation on the pLppysed amendment within
rhr h ~nrlred twe~y-day_period the application shall be forwarded to the commission without anv
rP~ommendation from the director. and the director's failure to act shall be considered a favorable
recommendation on the aoDlication.
[(b) Upon receipt of an appeal from the actions of the director relating to an amendment initiated
by a property owner, the planning commission shall hold at least one public hearing.
(1) At least ten days prior to the public hearing, the planning commission shall give notice
thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and
place of such hearing, its purpose and a description of the property involved.
(2) The planning commission shall also give additional notice by mailing, at least ten days
prior to the scheduled date of such hearing, a written notice of the time, date and place of such hearing, its
purpose and a description or sketch of the property involved to the owners of all property within three
hundred feet of the affected property as well as to owners of all property described in the application;
provided, however, that any failure to mail or to receive written notices as aforesaid, shall not invalidate
any proceeding for amendment of this chapter.
(3) Within a reasonable time after the conclusion of the public hearing, the planning
commission shall determine whether the actions appealed from were proper. If the planning commission
determines that the actions of the director were improper, it shall so advise the director. If the planning
commission determines that the actions of the director were proper, the applicant may appeal the decision
to the board of appeals.]
(dl The commission shall review any~pplication initiated by a property owner or other Derson for
a chaneP of zone and shall forward its recommendation on the application to the council through the mavor
for the council's consideration and action.
(11 In reviewing t, he application the commission shall hold at least one Dublic hearin¢ and
shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also
provide notice bKpl~blication of the hearing.. as provided in this chanter.
(21 ~'Jithin ten days after receiving notice of the date of the public hearins_ the aoolicant
shall serve notice of the hearing on e~rroundin¢ owners and les ees of record as provided by section 25-2-
ZONING CODE REVISION-Ram~eYM wnbn
30 Dw.Fr yeroo
4. The applicant shall also serve notice on owners and lessees of record interests in other properties which
the commission may find to be directly affected by the prouosed amendment.
(31 Within ninety days after receipt of the application from the director. unless a longer
Rpriod is ap~rg~d to by the applicant the commission shall transmit the Dronosed chance of zone ordinance
tether with its recommendations thereon thrppgh the mayor to the council The commission shall
recommend approval in whole or in part with or without modifications or rejection of such application
In the event that the commission fails to act on th~polication within the ninety-day
Deriod the application
shall be considered an unfavorable recommendation by the commission. and the application shall be
transmitted thrpyEh the mayor to the council with such recommendation
Section [25-21.[ 25-2-43. Amendments initiated by the council and director.
(a) jZjrector-initiated amendments. Any amendment initiated [by the council orJ by the director
shall be [prepazed by the director and] reviewed by the [planning] commission.
(]-1 The amendment shall be submitted to the commission with the director's justification
and recommendation on the amendment.
( 1 [ R n r jpt of a~roooced amendment from the director. the commission shall hold at
least one public hearing Notice of such hearin¢ shall be given as required by state law.
Within a reasonable time after the conclusion of the public hearinP. the commission
shall recommend the approval or disapproval of any-proooced amendment and shall submit a report of its
findingss and action taken with the council.
(b) [The director shall study the proposed amendment and shall submit a recommendation to the
planning commission for its review and recommendation to the council.
(1) Upon receipt of a proposed amendment from the director, the planning commission
shall hold at least one public hearing.
(2) At least ten days prior to the public hearing, the planning commission shall give notice
thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and
place of such hearing, its purpose and a description of any property which may be involved. Notice by
mailing, as provided in section 25-20(b) shall also be given.
(3) Within a reasonable time after the conclusion of the public hearing, the planning
commission shall recommend the approval or disapproval of any proposed amendment and shall file a
report of its findings and action taken with the council.]
Council initiated amendments Prior to the first reading of any prooosed council-initiated amendment to
t is hapter the council shall refer the pLQ ~ d amendment to the director and the commission with
rgq~ectc for their rive comments and recommendations to be received by the council within a one
hundred rivent~yr vi wyeriod from the date of the council's transmittal thereto
ZONING CODE REVISION-Ram~ayx venbn
31 DR~ur veroa
(I) The director shall submit its comments and any recommendations to both the
commission and the council within the prescribed review period.
(21 The commission shall hold at least one public hearing on the proposed amendment and
submit a report of its findings to the council within the prescribed review period Notice of such hearine
shall be given as required bKstate law
(31 After the one hundred twenrv-day review period has expired. the council may_proceed
to act on the proposed amendment as it deems appropriate.
Notice fZ, mail to surrounding owners and lessees of record of properties within the
¢oundaries established by section 25-2-4. shall not be required for any amendment initiated by the council
or the director. In lieu of mailing written notice to surrounding proper owners and lessees of record. the
director shabkpublish notice of the commission's public hearing,in at least two newspapers of general
cirenlafinn in rhP county. once a week for three consecutive weeks. with the last notice to be at least ten
5jay~,Drior to the hearing, The notice shall cpg~ify~he time date and Dlace of the hearing. its plgpoce and a
description of any_prooe which may be involved.
(dl Notice to owners of any_ptp~rties specifically subject to the proposed amendment shall be
provided by mail from the director. no later than thirty davs prior to the commission's public hearine on
the amendment.
jel Within sixty davs after reggjpt of the amendment from the director. the commission shall
transmit the proposed ch rye of zone ordinance IQgether with its recommendations thereon through the
mayor to the council. The commission shall recommend approval in whole or in part. with or without
modifications or refection of such amendment. In the event that the commission fails to act on the
amendment within the sixty-day period. the amendment shall be considered an unfavorable
recommendation by the commission. and the change of zone ordinance shall then be submitted through the
mayor to the council with such recommendation.
Cection 25-2-44 Conditions on change of zone.
(al Within any ordinance for a change of zone. the council may impose conditions on the
applicant's use of the pjp s abject to the change of zone provided that the council finds that the
conditions are:
(I l necessary to prevent circumstances which may be adverse to the public health. safety
and welfare: or
(2) reaconab~y conceived to fulfill needs directly emanating from the land use proposed
with respgct to:
(Al Protection of thE,public from the t ntial y deleterious effects of the
p~DOSed use_ or
ZONING CODE REVISION•Ranueyx wnbn
32 DRnFr vero9
(B) Fulfillment of the need for public service demands created by the orooosed
use.
Changes or alterations of conditions of anv change of zone ordinance shall be processed in the
same manner as a zone change unless the council authorizes the chanties or alterations to be made by thg
director A regpest for any change or alteration of conditions shall be submitted in writing to the director.
in lieu of the application lgquired for an applicant initiated change of zone The renuect shall be
accompanied by a filing fee of 5250.
Failure to fulfill anv conditions of the zone change within the specified time limitations or anv
Pxtencions thereto may bggr~undc for the enactment of an ordinance making further zone chances or
rrezoning theaffect~prooe back to its original zoning designation or a more aoorooriate zonine
~=siEnation• upon initiation by e~~tiP~ the director or the council in accordance with section 25-2-43
Section [25-18.1.] 25-2-45. Nonsignificant zoning changes.
(a) The [planning] director may administratively grant aqy nonsignificant zoning [changes,]
chance. [which is defined as a change in district classification
(I) which does not result in an increase or decrease in any zoning designation affecting
more than five percent or one acre of any parcel of property, whichever is less, and
(2) which is in compliance with the general plan and development plan designations of
the property.] A nonsignifcant zoning~hanee must comply with the designations for the propel set forth
in th general pjan and anv development plan adopted by ordinance. and must either:
(1) not result in a net increase in the density allowed in the zonin¢ district(s) containin¢
the affected area: or
j1) be the lesser of a five percent or one acre increase or decrease in the area of anv zonin¢
district(s).
[(b) The director shall promulgate rules in compliance with HRS chapter 9l to carry out this
section of the law.]
[Division 4.] Division 5. Variances.
Section [25.22.] 25-2_50. Variances[.] permitted. Variances from the provisions of this chapter
may be granted; provided that a variance shall not allow the introduction of a use not otherwise permitted
within the district; and provided further that a variance shall not primarily effectuate relief from applicable
density limitations.
Section (25-23.] 25-2_51. Grounds for (variances.[ variance. [No] -A variance may ~]y be
granted [unless it is found that:] if the following is found:
(a) There are special or unusual circumstances applying to the subject real property which exist
either to a degree which deprives the owner or applicant of substantial property rights that would otherwise
20NING CODE REVISION-Ram~ayer.wnbn
33 oRnFr ye~co
be available, or to a degree which obviously interferes with the best use or manner of development of that
property; and
(b) There are no other reasonable alternatives that would resolve the difficulty; and
(c) The variance [shall be] jg consistent with the general purpose of the district, the intent and
purpose of this chapter, and the [County) general plan, and will not be materially detrimental to the public
welfare or cause substantial, adverse impact to an area's character or to adjoining properties.
Section (25-24.( 25_2_52. Application for variance; requirements. Application for a variance
shall be on a form prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of [$100] $250:
(2) A description of the property in sufficient detail to determine the precise location of
the propert~{,jnvolved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed structures
shown thereon;
(4) A list of the names and addresses of all surroundine owners and lessee of record of
property interests in property [that is] within [three hundred feet of the perimeter boundary of the
applicant's property; and] the boundaries established ¢~ection 25-2-4: and
(5) Any other plans or information required ~v rules adopted by the director[.] jtt
accordance with chanter 91. Hawaii Revised Statutes.
Section [25-25.] 25-2-53. [Procedure for variances.] Notice of action on variance application.
(a) [Notice to Owners of Property Interests.] Upon [receipt and] acceptance of a [properly filed
and completed] variance application, the [department] director shall fix a date for the director's
[consideration of] action on the application. Within [three] ~ [working] days after receiving notice of
such date, the applicant shall serve notice of the application on surroundine owners and lessees of record.
provided by section 25-2-4. [of interests in properties within three hundred feet of the perimeter
boundary of the applicant's property and to owners of interests in other properties which the director may
find to be directly affected by the variance sought. Such notice shall state:
(I) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the use sought and the proposed accompanying structures, if any;
(4) The date on which the director will consider the application; and
(5) That such date is the deadline for the director's actual receipt of written comments on
the application.
Prior to the deadline for written comment, the applicant shall submit to the director proof of
service or of good faith efforts to serve notice of the application on the designated property owners. Such
proof may consist Gf certified mail receipts, affidavits, or the like.
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34 DRnFr yaeu
(6) Notice by Publication. At least ten calendar days prior to the date of the director's
consideration of the application, the director shall publish, in a newspaper of general circulation, notice of
the application and the date by which written comments must be in actual receipt of the director.] ~
~plicant shall also serve notice on owners and lessees of record of interests in other properties which the
director mayfind to be directly affected by the variance cough[
(bl The director shall publish notice in accordance with the provisions of this chapter of the date
of the prooosed decision by the director and the date py which written comments must be received by the
d irector•
Section (25-26.] 25-2-54. Actions by director on [variances.] variance.
The director shall, within sixty days after [the filing of a proper] acceptance of a variance
application [or within a longer period as may be agreed to by the applicant], deny the application or
approve it subject to conditions.
[(a)] (]Z1 The conditions imposed by the director shall bear a reasonable relationship to the
variance granted. All actions shall contain a statement of the factual findings supporting the decision.
[(b)] If the director fails to act within the prescribed period, the application shall be considered
as having been denied[.] and the director <hall immediately inform the applicant of such denial. (Such
denial is appealable pursuant to section 25-27.1 of this article.]
Section [25-27.] 25-2-55. Review of director's action ((by aon-applicant).] by non-applicant.
(a) [Request for Review.] If the director grants a variance over the timely written objection
submitted by an ["interested party,"] interested party [which means a person:
(1) Who has a property interest in the subject property;
(2) Who owns property within three hundred feet of the subject property; or
(3) Who can otherwise demonstrate to the satisfaction of the planning commission that
such person will be so directly and immediately affected by the proposed vaziance that its interest in the
action is cleazly distinguishable from that of the general public, then that] I[tg interested party may request
the [planning] commission's review of the director's action. For osmoses of this section. an "interested
party
means a per<on who (I l has a oronerty interest in the subject ptQ~y or (21 ownc or is the recorded
lessee Q~proo within the boundaries established ~y ~S-~-d' ~r !31 can otherwise demonctrate to
the satisfaction of the commi<cion that such ner on will be <o directly and immediately affected by the
psgpocgd variance that the arson's interest in the action is clearly di<tingnichable from that of the ¢eneral
public. [Such] ~ request ~ an interested party must be made in writing within [ten working] t]$t<gll
days after notice of the directors decision, and shall [be in writing, containing] ~Qp(ajp a statement of [its]
~ grounds[.] of the obiection The regpP<t <hall be accompanied by anon-refundable filing fee of 5250
(b) [Procedure far Review.
20NING CODE REVISION-Renuayar verelon
35 oRnFr verea
(I)] The [planning] commission shall [consider] accent a request for review of the
director's action[,] only if the request is submitted in writine by an interested p~ within the timed
prescribed by subsection tal above The commission shall consider the regylest at a rggularly scheduled
meeting of the commission. at which time the applicant and the person who requested such review shall
have an opportunity to be heard.
[(2)] Within forty-five days after the receipt of a request for review, the [planning]
commission shall determine either that the director granted the variance properly or that sufficient cause
exists for a public hearing on the matter.
[(3)] If the [planning] commission fails to make such determination within the prescribed
time, the director's action shall be considered as having been affirmed.
(c) [Notice and Hearing.
(1)] If the [planning] commission determines that a public hearing is necessary, it shall
promptly schedule the public hearing at which time the applicant. any interested party. and members of the
general public shall have the opportunity to be heard on the application. A contested case hearing as
defined in chapter 91. Hawaii Revised Statutes. shall not be held by the commission on anv variance
gpplication.
[(2) Notice of the public hearing and its purposes shall be provided by the planning
commission to owners of interests in property within three hundred feet of the perimeter of the subject
property by mail postmarked at least ten calendar days prior to the date of the hearing.
(3) The planning commission's proceedings and action shall not be void should such an
owner of a property interest fail to receive actual notice of the public hearing.
(4) Notice of the public hearing and its purposes shall be published in a newspaper of
general circulation in the County at least ten days prior to the date of the public hearing.]
(d) Within ten days after receiving notice of the date of the public hearing. the interested party
shall serve notice of the heari!+g on the aoplicant and on surrounding owners and lessees of record as
provided by,Section 25-2-4. The interested R+~)' shall also serve notice on owners and lessees of record of
interests in other pLgMrtiec which the commission may find to be directly affected by the variance sought.
(e) The commission shall provide notice by publication of the public hearing in accordance with
theprovisions of this chapter,
[(d) Actions on Review.
(1)] jQ Within (sixty] pjtt4ly days of its decision to hold a public hearing on the matter,
or within a longer period as may be agreed to by the applicant, the (planning] commission shall lrlt~t deny
the variance application or approve it subject to conditions, stating the factual findings supporting the
variance[.] denial or aooroval. [(2)] If the [planning] commission fails to render a decision within the
prescribed time, the director's action shall be considered as having been affirmed.
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Section [25-27.1.] 25-2_56. Appeal of director's actioD [(by applicant).[ ¢y applicant.
(a) If the director denies [the] a variance application, such decision is final except that, within
thirty days after [notice of the decision,] the date of the written decision. the applicant may appeal such
action to the (planning] commission.
(b) [Form and Filing.] An appeal by an applicant to the [planning] commission shall be submitted
in writing to the [department] commission on a form prescribed by the [planning] commission and shall be
accompanied by:
(1) Anon-refundable filing fee of [$100;] $250: and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) {hlotice and Heazing.
(1) Notice of the public hearing and its purposes shall be published in a newspaper of
general circulation in the County at least ten calendar days prior to the date of the hearing. In addition and
pursuant to the same notice period, the department shall provide written notice to persons who had
submitted timely objections before the director's action.
(2) The planning commission shall conduct a public hearing within a period of ninety
days from the date of receipt of a properly filed appeal, unless that period is waived by the appellant.] T7>g
commission shall provide notice by publication of the public hearing in accordance with the provisions of
this chapter.
(d) The commission shall provide written notice of the public hearin¢. at least ten davs prior to the
hearing,,to persons who had submitted timely oFjections to the variance application before the director's
action.
(mil The commission shall conduct a public hearing within a period of sixty davs from the date the
v°itten appeal is accepted by the commission. unless that period is waived by the applicant. A contested
mace hearings defined under chap~er 91 Hawaii Revised StaRtes shall not be held by the commission on
apy variance apps
[(d) Actions on Appeals.
(1)] lf~ Within [sixty] Djt[SitX days after [the close of the public hearing] acceptance of an
apyli ant' varian appeal. or within such longer period as may be agreed to by the [appellant,] appjj~pt,
the [planning] commission shall affirm, modify, or reverse the directors action.
[(2)] IC) All actions of the [planning] commission shall contain a statement of legal and
factual bases for its decision in accordance with the criteria contained in section [25-23] 25.2.51 of this
[article.] ShSRI4L.
[(3)] ~ A decision to affirm, modify, or reverse the director's action shall require a
majority vote of the total membership of the [planning] commission. [A decision to defer action on the
appeal shall require a majority vote of the planning commission members present at the time of the motion
ZONING CODE NEVISION•Rameayx Yanlaf
37 Dwv-r vdso
for deferral.] If the [planning] commission fails to render a decision to affirm, modify, or reverse the
directors action within the prescribed period, the director's action shall be considered as having been
affirmed.
Section (25-27.2.( 25?_57. Further appeal rights.
[(a)] All actions of the [planning] commission are final except that, within thirty days after [notice
of action,] the date of the written decision. [the applicant or an "interested party" (as defined in section
25-27 of this article) in the proceeding before the planning commission,] gry~erson aggrieved by the
decision of the commission may appeal such action to the board of appeals in accordance with [its rules.]
this chanter.
[(b) All actions of the board of appeals are final except that they are appealable to the third circuit
court in accordance with chapter 9l of Hawaii Revised Statutes.]
(Division 5.( Division 6. Use Permits.
Section 25-2 60 Purpose Usg-permits are permits for certain permitted uses in zonin ictrict
which regpire special attention to insure that the uses will neither unduly burden public agencies top v' e
p~~blic cervices nor cause substantial adverse impacts Lpon the surrounding community
Section [25-28.~ 25-2_61• [Use( ARplicability: use permit required.
(a) [A use permit shall be obtained from the planning commission for the following uses within
designated County-zoned disVicts unless specifically permitted in a zoned disVict.] The following uses
shall be permitted within designated county zoning districts only if a use permit is obtained for the use
from the commission:
[(I) All districts, except ML, MG and O districts: churches, temples, and other
institutions of a religious, cultural, philanthropic, or chazitable nature. A minimum lot area often thousand
square feet is required within the RS, RD, RM, and RA districts.
(2) All districts, except V, MG and O districts: private and public schools, nursery
schools, schools for the handicapped, and day care facilities. A minimum lot area often thousand square
feet is required within the RS, RD, RM and RA districts.
(3) All disVicts, except RS, RD, RM, RA, V, S and CN disVicts: crematories,
mausoleums, columbariums, cemeteries, and any other place for the disposal of the human dead.
(4) In RS, RD, and A districts: lodges, social orders, and fraternal organizations;
provided that, structures and facilities shall be located at least thirty feet from any property line.
(5) In all districts, except S and O districts: hospitals; medical and dental facilities; old
age, convalescent, nursing, and rest homes, and other similar uses devoted to the care or treatment of the
aged, the sick, or the infirm. A minimum lot azea often thousand square feet is required within the RS,
RD, RA and RM districts. The ten thousand square feet minimum lot area and use permit requirements
ZONING CODE REVISION-Rertuerm vanbn
38 oR,ur veroo
shall not apply to care homes and boarding homes licensed by the department of health and department of
social services as defined in section 25-4, article 1 of this chapter.
(6) In all districts, yacht harbors and boating facilities and other large major recreational
uses including accessory uses that are an integral part of the major recreational aspect, which accessory
uses, may be of a commercial or nonnoxious industrial nature. The intent of this permissive regulation is
to allow, where appropriate, major recreational developments having complete and homogeneous facilities.
None of these uses may be established in any O district unless the proposed use, in its entirety, is
compatible with the stated purpose for adopting the O district.
(7) In all districts, except RS, RD, RM, S, CO, CG, CV, CN and V districts: commercial
excavation clvremoval of natural building materials or minerals.
- (8) In all districts: helicopter pads or heliports.
• (9) In RS, RD, and RM districts: keeping or raising of animals with the exception of
pigs.
(l0) In the ML districts: public dumps.
(1 l) In the ML districts: sale, storage and sorting ofjunk, waste, scrap, discarded or
salvaged material, machinery, automobiles or equipment, but not including processing.
(12) [n A and U districts: Golf courses and accessory services, including golf clubhouse
and pro shop/restaurant facility.
(13) In RD, RS, RA, A, [A and U districts: bed and breakfast establishment.]
(jl Bed and breakfast establishments in RS districts.
(21 Crematoriums in all districts.
(3) Churches. temples and synagogues. including meeting facilities for churches.
temples. s~goQues and other such institutions. in RS. R_D. RM- RA- FA and A districts: provided that a
minimum lot area often thousand square feet is required within the RS. RD. RM. and RA districts.
(41 Cinder cone excavation. non-commercial in RA- FA. A. (A. and O districts for cinder
cones havin¢ a heig t of fi feet or more above the average height ofthe surroundingterrain. The
director in consultation with the chief engineer shall make a determination as to the height of the cinder
cone based upon data provided by the applicant.
(51 Day care centers in RS. R_D. RM. RA. FA and A districts. provided that a minimum
lot area often thousand sgy~re feet shall be required within the RS. RD. RM- RCX and RA districts.
Hospitals- sanitariums. old age. convalescent- nursing and rest homes- and other
similar uses devoted to the care or treatment of the aged. the sick. or the infirm in the RS- RD. RM. RCX.
RA- FA. A. and V. districts, provided that a minimum lot area often thousand square feet shall be req sir d
within the RS. RD- RM. RCX and RA di<_tricts.
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(71 Maior outdoor amusement and recreation facilities in RS RD RM RCX RA A
C'N CG CV MCX. ML. MG and O districts.
($1 Mortuaries in RS RD RM RCX RA FA and A districts
(Q, Schnr,lc in RS RD RM RA. FA and A. districts, provided that a minimum lot area
£ t n nnn squ~cP Feer shall be req~red within the RS RD RM and RA districts
Ol Yacht harbors and boating facilities in the RS RD RM RCX. RA V CG CV
MC'X. ML. MG and O districts.
11 Other unusual and reasonable uses which are not specifically permitted in any zoning
district with the approval of the director and the concurrence of the council by resolution.
(b) Any use which received an approval as a conditionally permitted use prior to September 25,
1984, or which received prior approval through the use permit process, is considered a legal use of the
affected parcel and may be expanded or enlarged without obtaining another use permit, provided such
expansion, enlargement or addition is in full compliance with ~ chapter [25] and [its) the applicable
district [regulation.Jlgpulations.
~1 A usg-permit shall not be required for any ose described in subsection fal above. if a ,oecial
permit is obtained for that use p~s~~ant to section 205-6. Hawaii Revised Statutes.
Section [25-29.[ 2- 2 [Procedure[ Annlication for [obtaining use permit(.;
~uirements.
(a) [Application] ~4n application for a use permit shall be made to the [planning) commission, in
accordance with its rules [of procedure and], on a form prescribed by the [planning] commission.
(b) The application shall be accompanied by:
(I) A filing fee of [$100;) $250•
(2) A description of the property in sufficient detail to determine the precise location of
the property involved;
(3) A plot plan of the property, drawn to scale, with all existi and proposed structures
shown thereon;
(4) A list of [the] names [and], addresses and tax map key numbers [of all owners of
property interests in property located within g three hundred feet of the perimeter boundary of the
applicant's property;] for those owners and lessees of record of surrounding properties who are required to
~P~P;~P notice under section 25-2-4: and
(5) A written description of the proposed use and a statement of objectives and reazons
for the request, [addressing how:
(A) The proposed use will still be consistent with the general purpose of the
zoned district, the intent and purpose of this chapter, and the County general plan;
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(B) The proposed use will not be materially detrimental to the public welfare nor
cause substantial, adverse impact to the community's character or to surrounding properties;
(C) The proposed use will not adversely affect similar or related existing uses
within the surrounding area, community or region; and
(D) The proposed use will not unreasonably burden public agencies to provide
roads and streets, sewer, water, drainage, schools, police and fire protection and other related
infrastructure.] including an analysis of how the request satisfies each of the standards contained in section
25.2.65•
,~Perin~ 25-2-63. Procedure for use eR rmit.
[(c)] j~ Upon [receipt and] acceptance of a (properly filed and completed] use permit application,
the [planning]commission shall fix a date for [the] g public hearing. The_yublic hearine [which] shall be
[held within] commenced no later than sixty days [of receipt] after the acceptance of a [properly filed] 1dSS
pg~ application [or within a longer period as may be agreed to by the applicant.) by the director. A
rontested case as defined in chaQ~r 91. Hawaii Revised Statutes. shall not be held by the commission for
any use permit application.
(¢1 [Within three working days after receiving notice of such date, the] Eag applicant shall serve
notice of the ~~Qermit application on surroundin¢ owners and lessees of record [of interests in properties
within three hundred feet of the perimeter boundary of the applicant's property and toJ provided by
section 25 2 4 The gQplic~nt shall alto serve notice on owners and lessees of record [ofJ interests in other
properties which the [planning] commission may find to be directly affected by the use permit sought.
[Such notice shall state:
(I) The name of the applicant
(2) The precise location of the property involved;
(3) The nature of the use sought and the proposed accompanying structures, if any; and
(4) The date on which the public hearing will be held to consider the application.]
j~,) Prior to the public hearing, the [applicant] commission shall [submit to the planning
commission proof of service or of good faith efforts to serve notice of the application of the designated
property owners. Such proof may consist of certified mail receipts, affidavits, or the like.] publish notice of
th~Q~~blic hearine in accordance with the requirements of this chapit<r,
[(d) At least ten calendar days prior to the date of the public hearing, the planning commission
shall publish, in a newspaper of general circulation in the County, notice of the hearing.]
Section 25-2-64 Action on use prrmit•
[(e)] ~ Within [sixty] ninety days after [the conclusion of the hearing or within such longer
period as may be agreed to by the applicant,] accep~nce of a use permit nlication. the [planning]
commission shall [render a decision.] ether deny or ypprove the application.
ZONING CODE REVISION•Rart4ryM vaMwi
41 oRnFr are~au
[n applovine any use permit application the commission may issue the approval subject to
conditions including hours of daily operation and terms of the use permit The conditions imposed bythe
cnmmiccipn chall bear a reasonable relationsh~ to the use permit granted and shall be accompanied by a
statement of the factual findings supporting the approval and the conditions imposed
rL~l [f the [planning] commission fails to render a decision within the prescribed period, the
application shall be considered as being approved.
~ Concurrent requests may be acted upon by the (planning] commission in conjunction with
(the] ii use permit [procedures.] application.
,~gction 25-2-65. Criteria for ranting a use permit.
[(F)] ~A use permit [may] sh~1 be granted by the [planning] commission upon finding that:
(1) The granting of the proposed use [will] be consistent with the general purpose of
the [zoned] ~jpg district, the intent and purpose of this chapter, and the [County] general plan;
(2) The granting of the proposed use (will] not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community's character or to surrounding
properties; ;ice
[(3) The granting of the proposed use will not adversely affect similar or related existing
uses within the surrounding area, community or region; and]
[(4)](j~ The granting of the proposed use [will] not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other
related infrastructure.
Section 25-2-66. Appeal of a use permit decision.
[(g)] Within thirty days after [receipt] the date of the [planning] commission's written decision, [an
applicant] a0Y person aggrieved by the decision may appeal [said] ~e commission's [decision in writing]
action to the board of appeals [pursuant to] in accordance with [its rules.] this chapter.
$P lion 25-2-67 Revocation of a u`e permit.
(q) A use Rermit shall be revoked by~he commission at the request of any property owner who
holdc the uce permit sou ht to be revoked or at the renuect of any other Derson with the property owner's
~oncent upon the eubmieeion of a written statement to the commission verifying that the use approved
ender the use permit ics~ed has either not been ectabliched or has been abandoned.
(~1 The commission may revoke anyJ„c~„ unit upon reouest of the director if:
(ll There have been continual violations of the use permit: or
The use authorized under the ucepyrmit is creating a threat to the health or safety of
the community: or
The uce authorized under the uce ~+^rmit hac been abandoned for a continuol„~oeriod
of two years.
ZONING CODE REVISION-RamesyM vanlai
42 oR~cr varoa
{,pLeproceeding to revoke a use permit upon request of the director shall require written notice
to the p~D~rtv owner and to the,person who has been issued the permit prior to the commission takine
action to revoke the permit.
A prooert~owner or other Rerson affected by the Dronosed revocation of a use permit ordered
!~y the commission may within thirty days after the mailin~of the commission's order. appeal the
comm iscion's action to the board of appeals as provided by section 5-6 3 of the Counri charter and
sections 25.2.20 throug[L25-2-24 of this chapter An appeal to the board of aooeals shall stay the
pt~visions of the commission's revocation order pig the final decision of the board of aooeals.
[Division 6. Reserved.]
[Article 20.] Division 7. Plan Ap
rn oval.
Section [25-241.] 25-2-70. Purpose. Plan approval provides a method of allowing closer
inspection of certain development and inspection of all development in certain districts in order to ensure
conformance with the general plan. to assure that the intent and purpose of this chapter are carried out[.],
and to ensure pertinent conditions of previous approvals related to the development have been
jmplemented. [It provides discretionary control over precise plans for development.]
Section (25-242.] 25-2-71. Applicability; plan approval required.
(a) [ No structure may be erected, no use may be established and no significant development or
improvement of structures or of land may be accomplished in RS, V, CO, CV, CN, CG, ML, MG, U, O, or
CDH districts or within seventy-five feet of the right-of--way of any road, street or highway designated on
the zoning map as a tourist route, unless plan approval has first been secured for such structure, use,
development or improvement.] Plan royal shall be req sir d prior to the construction or installation of
apy new structure or development or any addition to an existing structure or development in all districts
except in the RS RA FA. A and IA districts.
{bl Plan approval shall be required in all districts prior to the chance of the followin¢ uses in
existing_huildin¢s:
{ I l Residential to commercial use:
Warehouse and manufacturing to retail use.
Plap_3poroval shall be regyjrsd in all applicable districts prior to the construction or
establishment of the followin¢ improvementc_ and uses:
([,1 Bed and breakfast establishments ac rermitted under section 25-4-7.
(21 Home occupations as permitted under section 25-4-13.
{31 Public ores structures and buildin¢s =nd community buildin¢s. as Dermitted under
section 25-4-I 1.
(41 Telecomm mication antennas and towers. as Dermitted under
section 25-4-12.
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(51 Teytyora real estate offices and model homes. as permitted under
section 25-4-8.
tility substations as authorized under section 25-4-I 1
j~) Plan approval shall be required in the RA and FA districts prior to the construction oC
installation of anv new structure or development or of any~ddition to an existing structure or development
which is to be used for maior or minor aEricultural products processine.
[(b)] (g,) Plan approval may be required as a condition of approval of any use permit, variance, or
other action relating to a specific use, in which case the use or development so conditioned may not be
established until plan approval has been secured [therefor].
Section [25-243.[ -2-72 Application for plan approval(.]: requirements.
(a) [Application] An application for plan approval shall be on a form approved for such purpose
by the director and shall be accompanied by;
~ [a] 9 site plan, drawn to scale and fully dimensioned indicating clearly the following
information:
[(1)] The location and dimension of the building site;
[(2)] The location, size, height, and use of all existing and proposed
structures;
[(3)] j~,) All yards and open spaces;
[(4)] (j~ Location, height, and material of all fences and walls;
[(5)] ~ The standard of improvement and location, number, and size of p~CklIIg
spaces, arrangement and on-site circulation of all off-street parking and loading facilities including points
of access thereto from adjoining streets;
[(6)] jFl The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
[(7)] All proposed landscaping and planting; ~
[(8)J (j~ All proposed street dedication and improvement[,] if any[; and],
[(9)] I1~2 Any other information required by rules adopted by the director[.] jp
arrnrdance with chapter 91 Hawaii Revised Statutes.
~ertion 25-2 73 Plan approval application requirements for bed and breakfast
estahlishmenta In addition to the application requirements for plan approval contained in section 25-2-
7 an application for plan approval fora d and breakfast establishment shall contain the followin¢
information:
(jl The desienation of each propnced bed and breakfast guest bedroom on the sitrjplarc
(21 A copy of the operators curtent transient accommodations tax license and eeneral
excise tax license:
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44 DRAFT 718109
(31 Documentation to verify that the bed and breakfast establishment complies with all
applicable requirements of the state department of health: and
(41 Documentation to verify that the bed and breakfast establishment complies with all of
the accessibility requirements under the Americans with Disabilities Act (ADA).
,section 25-2-74. Plan approval application requirements for telecommunication antennas.
In addition to the application requirements for plan approval contained in section 25-2-72. an appljcation
fg~plan aapproval for a telecommunication antenna or tower shall contain the followinE inforrnation•
f1L~R193-R>~n showing the location of the proposed antenna or tower:
(21 Buildine,plans for the tower certified by a licenced structural engineer ver~yjne that
the rower topprher with the initial antennas and other equipment proposed to be installed thereon. will
have a hard suwivability for sustained winds of one hundred mile ppr hour
(3] A statement from the Federal Aviation Administration that the application has not
been found to be a hazard to air navi~tion: and
641 A statement from the Federal Communications Commission that the application
complies with the regulations of the Commission or a statement that no such compliance is necessary
Section [25-244.[ 25-2-75. [Consideration of application; decision.) Action on plan approval
application.
[(a) The director within forty-five days after the application is filed in its offices or within a longer
period agreed to by the applicant, shall consider the application for plan approval together with all
accompanying data and shall either deny, approve, or defer the application subject to conditions or
alterations.
(1) The director shall consider the application and the proposed use in relation to the
surrounding property, improvements, sVeets, traffic, community characteristics, natural features, and in any
other manner in order to assure and may require:
(A) Adequate light and air, and proper siting and arrangements of all structures
and improvements;
(B) That existing and prospective traffic movements will not be hindered;
(C) That the use is properly landscaped commensurate with the use and its
surroundings;
(D) That unsightly areas are properly screened or eliminated;
(E) That there is adequate off-street parking to serve the use, regardless of the
otherwise minimum requirements of this chapter;
(F) That no potential accident hazards will be created in gaining access to the
parking areas; and
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4S DRAFT 1/8189
(G) That within reasonable limits the natural features, if any, of community value
are preserved.
(2) To this end the director shall require any conditions or changes in the proposal which,
in the director's opinion, are necessary to carry out and further the purposes of [his chapter and the above-
mentioned specific considerations and permissive requirements.
(b) If the application is approved, then the proposal for which the application was made shall be
accomplished and maintained in conformity with the terms, specifications and conditions of the approval.
(c)) If the director fails to act within the forty-five day period or within such longer period as may
be agreed to by the applicant, the application shall be deemed approved without certification by the
director.
(e) The authority exercised by the director under this section shall be continuous and not limited to
the initial development.]
{al The director mayjc_sue plan approval c jest to conditions or chances in the proposal which. in
the director's p,Rinion are necessary to carry out and further the pyll poses of this chapter and the
~~~siderations contained in section 25-2-76.
(bl The director may only issue plan approval for a bed and breakfast establishment if the
prou~sed use meets all of the conditions contained in sections 25-2-76 and 25-4-7. and if the operator of
the bed and breakfast establishment provides all verification required under section 25-2-73.
1 The director may only issue plan approval for a telecommunication antenna or tower if the
proposed ice meets all of the conditions contained in sections 25-2-76 and 25-4-12 and if the applicant
provides all verification regQjrPd under section 25-2-74.
(dl The director may only i ~ n approval for a home occupation ifthe orooosed use meets all
of the conditions in sections 25-2-76 and 25-4-13.
(el The director may,only issue plan approval for a temporary model home or real estate office if
t~proooced use meets all of the conditions in section 25-2-76 and 25-4-8.
(f1 [fthe director fails to render a decision on a plan approval application within the prescribed
period the application shall be considered approved without further certification by the director.
cP lion 25-2-76 Review criteria and condition. of approval.
(al In reviewin¢ a elan approval application the director shall consider the orooosed structure.
development or use in relation to the surrounding prope~y improvements. streets. traffic. community
characteristics natural features and maygquire conditions or changes to assure:
((,1 AdeG ~a~ to li¢ht and air and pro r citing and arrangements are provided for all
structures and improvements:
(2,1 'icting and p~pP~tive traffic movements will not be hindered:
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(1 Proper lands pine is provided that is commensurate with the structure. development
or use and its surroundines:
(41 n iehtly areas are properly screened or eliminated:
(51 Adeggate off-street par in is provided to serve the structure development or use
myardless of the otherwise minimum ~uirements of this chanter
Access to the p~kine areas will not create potential accident hazardc•
(]1 Within reasonable limits any natural and man-made features of community value are
preserved: and
(81 Dust and odor impacts are kept to a minimum.
(bl The director shall require anXconditions or changes in the Dronosal which. in the director's
Qpinion are nececcarv to cam out the Dum~ces of this chapter and the considerations contained in
subsection (al above.
$g~~ion 25-2-77 Construction in conformiri with plan annroval. Everv structure.
d~v~pment and chanpgof use for which plan approval is issued shall be constructed and developed in
arr dance with the terms gpPrifications and conditions contained in the plan approval Dermit.
Section 25-2-78 Agpeal of a plan aRDroval decision.
[(d)] Any person aggrieved by the decision of the director in the issuance of a„plan approval
decision may appeal the [decision in accordance with article I, section 25-7 of this chapter.] director's
action to the board of appeals in accordance with this chapter. within thirty days after date of the
director's written decision.
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[Article 2.J Article 3. [Land UseJ Establishment of Zoning Districts.
Section [25-80.J 25_3_1. Designation of districts.
(a) The [land usej zonine districts of the County shall consist of the following districts:
(1) RS, single-family residential disVicts ([article 4] article 5. division 11.
(2) RD, double-family residential districts (article 5. division 21.
(3) RM, multiple-family residential districts ((article 6] article 5. division 31.
(4) RCX residential commercial mixed districts (erticle 5 division 41
[(4)] RA, residential and agricultural districts ([article 7] article 5. division 51
(¢I FA fa ~ v agricultural district (article 5. division 61.
[(5)] u A, agricultural districts ([article 8] article 5. division 71.
[(6)] IA, intensive agricultural districts ([article 9J article 5. division 81.
[(7)] (Q) V, resort-hotel districts ([article 10] article 5. division 91.
[(8) CO, commercial districts (article I I).]
[(9)](I~] CN, neighborhood commercial districts ([article 12] article 5. division 101.
[(10)J(j]~ CG, general commercial disVicts ([article 13] article 5. division I 11.
[(1 I)](),2,) CV, village commercial districts ([article 14] article 5. division 121.
~ n~rX industrial commercial mixed districts (article 5. division 131
[03)](14) ML, limited industrial districts ([article 16] article 5. division 141.
[(12)] MG, general industrial districts ([article IS] article 5. division I51.
[(14)] (1¢1 O, open districts ([article 17] article 5. division 161.
[(l5) U, unplanned disVicts (article 18).
(16) Combining districts (section 25-81).
(17) CDH, downtown Hilo commercial district (article 26).]
(171 pP~i~l districts (articles 6 and 71.
(bl Anv buildine cite within the commercial office (COl district as of the date of the adoption of
Ihic c ~tion hall autom^tically r d cjynated as a esneral commercial (CGl district. with the same
minimum land area req~~i•Pd for each buildine site and any buildine site within the unplanned M
yisVict ac of the date of the adoption of chic section. sh^II automatically be redesignated as an
aericultur^I (Al district with a minimum lot size of five acres (A-Sal Anv building site within a
~ombinin¢ district which combines a safely (Sl district or a safety. flood hazard (SFl district with
another zonine district ac of the date of the adoption of chic section shall be redesignated so that the
safet~,nr afety flood hazard district deciepation whichever is applic ble 's removed as a zonine district
designation for the buildine site The redesienation provided for order this subsection shall occur
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immediately unon adoption of this section without any action required on the part of anv land owner
The director shall cause all zone maps and the zoning map to be corrected to reflect the redesignation
described in this subsection
[Section 25-81. Designation of combining districts.
(a) Combining districts shall consist of the following special purpose districts:
(l) S, Safety districts (article 19).
(2) SF, safety flood hazard disVicts (article l9).J
,~gction 25-3 2 Designation of special districts The special zoning~istricts of the Countv
shall consist of the followine:
(11 Kailua Villas esigpsommission (article 7 division Il
. ~ ('DH Downtov^ Hilo commercial district (article 7. division 21.
C'eothermal cubzone districts (article 7. division 31
[41 Project districts (article 6. division 4).
Aericultural pLOiect districts (article 6. division 51.
Section (25-82.~ 25-3.3. Method and effect of establishment of districts.
(a) Any of the districts listed in sections [25-80 and 25-81] 25-3-1 and 25-3-2 [of this article] are
or may be established for any portion of the County by being described by metes and bounds and in map
form. In case of conflict between a zoning map and metes and bounds description delineating district
boundaries, the latter shall control. In case of conflict between a zoning map, and any summary of
ordinances as provided by subsection (d) below on one hand, and duly enacted ordinance on the other,
the provisions of the ordinance shall be authoritative. As between ordinances, the provisions of an
ordinance enacted later in time shall control.
(b) The zone maps in article [3] $ of this chapter, adopted by ordinance numbers 74 (1967), 109
(1967), 110 (1967), 1 I 1 (1967), 187 (1968), and 190 (1969), and any amendments to these maps by
ordinance shall constitute the zoning map of the County. An up-to-date copy of the zoning map shall be
kept for public display in the office of the [planning department.] director.
(c) The zoning map and all notations, references, data and other information shown thereon are
incorporated by reference and made a part of this chapter. The adoption of or the change in the boundary
of any district shall be by ordinance and shall constitute an amendment to this chapter[.];yrovided. that
non si¢nificant chan¢PC to the bo~ndarv of any district m^v be administratively anoroved by the director
a~provided under section 25-2-45.
(d) The contents of an ordinance or any portion thereof concerning the adoption of or a change
in the boundary of any district need not be set out in full in any codification or recodification of, or
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supplementation to this [code] chanter so long as a summary of the ordinance is included in this chapter
or in an appropriate annex to this chapter. The summary which shall be maintained and updated by the
[planning department] it t shall include at a minimum the following information:
(1) Ordinance number and effective date;
(2) General location of land affected or tax map key:
(3) Original district designation; and
(4) Final district designation.
[Article 23. Building Limes, Future Width Lines, and
Plan Lines for Future Streets.
r,
Section 25-261. Establishment of building lines. Building lines may be established and shown
on any section of the zoning map as provided in sections 25-82 and 25-85 of this chapter.
Section 25-262. Establishment of future width lines. Future width lines may be established
and shown on any section of the zoning map as provided in sections 25-82 and 25-85 of this chapter.
Section 25-263. Establishment of plan lines for future streets. Plan lines for future streets
may be established and shown on any section of the zoning map as provided in section 25-82 and 25-85
of this chapter.]
$gction 25-3-4 Establishment of building lines fnture width lines and Dlan lines for future
;Streets BuildinY lines future width lines and plan lines for future streets may be established and shown
on any section of the zonin¢~p
as provided in sections 25-3-3 and
25-8-1 of this chapter.
Section [25-83.J 25-3-5• Application otdistrict regulations.
(a) The provisions of this chapter for each district shall apply uniformly to each class or kind of
structure or land within the district, except as provided in this [section and elsewhere.]
[(1)] f}>I] [No] Apy building, swcture, or land [shall hereafter be] used or occupied after 24.
12St_Z and [no] apy building or structure [shall be] erected, constructed, reconstructed, moved or
structurally altered after May 24, 1967 [unless in conformity] shall comply with all of the regulations
[herein] specified in this chapter for the district in which such structure, land or premises is located.
[(2)] [No] AuX building or other structure [shall be] erected or altered after May 24, 1967
[to:] shall not:
[(A)] j]~ Exceed the height;
[(B)] j11 Accommodate or house a greater number of families;
[(C)J ~ Occupy a greater percentage of lot area[;] if provided by~he zoning dictri t;
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[(D)] (4~ Have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein permitted; or
[(E)] In any other manner be contrary to the provisions of this chapter.
[(3)] (Q1 No (part] ~gsr of a yard, other open space, off-street parking, or loading space
required about or in connection with any building for the purpose of complying with this chapter, shall
be included as part of a yard, open space, off-street parking, or loading space similarly required for any
other building.
[(4)j jg~ [Noj Apy yard or [lot] building site existing as of September 1 1, 1966, shall 1~( be
reduced in dimension or area below the minimum requirements set forth (herein] in this chanter. [Yards
and lots] Apv vard or building site created after May 24, 1967, shall meet at least the minimum
requirementrestablished by this chapter. Provided. however. that if the minimum building site in anv
zoning dicrrirr wac ~n~rPased by an amendment to this chapter as of December .1996. and by reason
of such amendment the designated minimum building site area for any parcel of land becomes smaller
than the minimum buildinp,..gjte area established for the district. a building site may be created that is
cm°Iler than the minimum area for the zoning district as lon$ as the building site is not reduced in area
t, Inw rhn rn'nimnm huildin¢ cite area designated for the parcel of land as of December .1996.
Section [25-84.] 25-3-6. Rules for interpretation of district boundaries.
[(a)] Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning
map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets,
highways, or alleys shall be construed to follow the center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be conswed
as following the lot lines;
(3) Boundaries indicated as approximately following city limiu shall be construed as
following city limits;
(4) Boundaries indicated as following [shore lines] the shoreline shall be construed to
follow high water lines, and in the event of change in the [shore line] shoreline shall be construed as
moving with the actual highwater lines; boundaries indicated as approximately following the center lines
of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the center lines;
(5) Boundaries indicated as parallel to or extensions of features indicated in paragraphs
(1) through (4) of this section shall be so construed. Distances not specifically indicated on the toning
map shall be determined by the director scaling the distance on the zoning map.
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(6) Where physical or cultural features existing on the ground vary from those shown on
the zoning map or in other circumstances not covered by paragraphs (1) through (4) of this section, the
director shall determine the location of such boundaries.
Section 25-3-7. District classification of streets. Unless otherwise designated in this chapter.
the area of any street. right-of-wayyr 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. ri t-of--way or easement.
(Section 25-264.] Section 25-3-5. Legal effect of establishment of building (line( lines.
future width [line,( lines, and plan (line.] lines.
(a) Whenever a building line is established along any street[,] on the zonine moo. [then] the
minimum ftopt yard for any affected property shall be [equivalent] gqu~j to the distance between the
street and the established building line.
(b) Whenever a future width line is established[,] on the zonine moo. [then for the purpose of
administering the regulations of this chapter, such] Iftg future width line shall be [deemed] considered to
be the front property line of jl7g affected property[, and the]. The area between [such] jbg future width
line and the street (if outside the right-of--way) shall be deemed to be the street right-of-way[.],~~
cannot be considered in compylin the minimum vard required on any building site.
(c) Whenever plan lines for a future street have been established[,] on the zonine maD. [they] jbg
plan lines shall be [deemed] considered to be the front property [lines,] jj~g, and the area between [them)
the plan lines shall be deemed to be street right-of--way. [However, for computing the density the area of
the lot shall be based on gross land area.]The minimum required area and the minimum required yards of
anv building Site shall be computed excludine,pnv area within plan lines for future streets established on
the zonine moo.
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Article 4. General Development Regulationy.
[Division 7.J Division 1. (Supplementary] Use Regulations.
[Section 25-37. Applicability to chapter of divisions 7 through 11. The provisions of division
7 through 1 I of this article shat(supplement and be additional regulations governing land use unless
otherwise expressly prohibited by provisions of this chapter.]
Section (25-38.J 25-41. Existing buildings. [Any building upon which construction]
Construction on anv buildine~lpon which was lawfully begun prior to the effective date of this chapter or
any subsequent amendments hereto may be completed and thereafter shall be considered an existing
building at the time of the effective date of this chapter[.]or amendment.
Section [25-39.J 25-42. Conditions for construction of buildings designed for human
occupancy: [In any district that permits building sites of two acres or less in area, no building designed
or intended for human occupancy shall be constructed and no permit therefor shall be issued unless:
(1) At least two of the following conditions exist:
(A) The sVeet on which the building site fronts is dedicated to, accepted and
maintained by the County or has been approved by the appropriate agencies.
(B) The building site is served by a publicly owned and operated water supply
system.
(C) The building site is served by a disposal system, which has been specifically
approved by the department of health.
(2) The sVeet, water supply system, and sewage disposal system are all constructed and
maintained by private means and have been approved by appropriate public agencies; or
(3) The building site is in an older community which has developed to the point of
establishing community characteristics and is substandard with respect to streets or water supply or
sewage disposal. Such older community shall have previously been designated by the planning
commission and the boundaries thereof indicated on the zoning map.
(4) The building site is part of a subdivision where the dwelling unit(s) is being
constructed in coordination with the subdivision improvements and that the following conditions have
been complied with:
(A) That subdivision construction drawings shall be submitted and approved
and final plat map shall be submitted and reviewed prior to the issuance of any building permits.
(B) That plans for final plan approval shall be submitted and final plan approval
secured prior to the issuance of any building permits.
(C) That final subdivision approval shall be secured prior to the sale or offering
for sale of any of the lots or dwellings thereon within the building site.
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(D) That final occupancy of the dwellings shall not be granted until the
subdivision improvements are completed in accordance with the plans and approved by the appropriate
agencies.)
(al On any building site. no building designed or intended for human occupancy shall be
constructed and no permit therefor shall be issued unless
(jZ The building~ite is served bXa County water system or a privately owned and
Qperated water gystem or other private individual means of pf.9Y.ld1IlJ: water to the building site is
demonstrated: and
(21 A wastewater treatment sy3tem for the proposed building has been approved y the
tas to depar~men[ of health,
{¢l Orr any building~jte in aqv subdivision approved by the director under chapter 23 of this
code no building~gSigned or intended for human occupancy shall be constructed and no permit issued
therefor until either:
(I 1 The streets drainaee improvements. water supply system. if any. and sewage
deposal system if any~have been constructed. inspected and approved by the appropriate County
agencies: or
' (71 Final <iih ivi ion approval has been secured by the subdivider in accordance with
rhap(~f 23. b~p~t18 a < tx¢ond or other security guaranteeing the construction of all of the
~bdivision improvements as shown on approved con<truction drawings and specifications provided that
final occttpan y~f any dwelling unit shall not be granted until the subdivision improvements for the
pa~rlc~lar increment in which such dwellingynit is situated have been constructed. inspected and
approved ¢y~he appropriate County agencies.
[Section 25-40. District classification of streets. Unless otherwise designated the area of any
street, right-of--way or easement is considered to be and shall be classified within the immediately
adjacent district and if there be more than one district then each shall extend to the center of the street,
right-of--way or easement and the area shall not be used for any purpose other than that for which it was
established. (See section 25-47.)
Section 25-41. Minimum street frontage.
(a) Every building site in a district specifying a minimum building site area of one acre or less
shall have minimum frontage on a street of at least one-half the required building site average width.
(b) In all other districts specifying a minimum building site area over one acre the minimum
street frontage shall be at least one hundred feet.
Section 25-42. Shoreline setback line regulations.
(a) As used in this section:
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(1) "Shoreline" means the upper reaches of the wash of waves, other than storm and
tidal waves, usually evidenced by the edge of vegetation growth, and upper line of debris left by the
wash of waves.
(2) "Shoreline setback" means all of the land area between the shoreline and the
shoreline setback line.
(3) "Shoreline setback line" means that line established by the State land use
commission or the County running inland from and parallel to the shoreline at a horizontal plane.
(b) Shoreline setback lines are established throughout the County by the State land use
commission at forty feet inland from the upper reaches of the wash of waves other than storm and tidal
waves except that such shoreline setback lines shall be twenty feet on any land parcel of record when any
one or more of the following exists:
(l) Where the average depth of a parcel as measured from the shoreline or the seaward
boundary of the parcel whichever is the less, is less than one hundred feet;
(2) Where the parcel is less than one-half acre and where that pazcel area is less than the
minimum lot azea required by the respective Zoning or Subdivision Code applicable to the parcel; or
(3) Where the buildable area of the parcel is reduced to less than fifty percent of the
parcel after applying the forty foot shoreline setback line and all State and County requirements wherein
the parcel is located including but not limited to front and side yard setbacks, cross-slope requirements,
and terrain requirements.
Section 25-43. Waiver of requirements in consolidation and resubdivision. [f the director
finds that the public welfare and safety will not be violated, the director may waive portions or all of the
requirements and standazds of this code for consolidation and resubdivision action resulting in the
creation of the same or less number of lots than that which existed prior to the consolidation or
resubdivision action; provided, that prior to the granting of any waiver, the director shall confer with the
chief engineer and the manager of the department of water supply and other applicable government
agencies.]
Section (25-44.J Z~¢~, Establishment of permitted uses. The permitted uses as listed in the
regulations for each 7,Q~jtIQ disVict may be established within that disVict after compliance with the
specific regulations of the district and the general regulations of this chapter.
Section [25-45.J 25-4-4• Uses [not IistedJ prohibited. Any use not listed among the permitted
uses in a yQDjpe district [shall be deemed to be ] y~ a prohibited use within that district, except as
otherwise provided [for.] in this chanter.
Section [25-52.) 25-4-5• [Permits granted pursuant to chapter 205, Hawaii Revised
Statutes.) iTaea authorized by otber p re mils. [n all districts, all land uses allowed in permits granted
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by the [State] state land use commission or the [planning] commission pursuant to chapter 205, Hawaii
Revised Statutes, all land uses allowed in permits issued by the commission or the director pursuant to
~i pter 205A. Hawaii Revised Statutes. and all land uses allowed in permits issued bythe state board of
land and natural resourcespursuant to chapter 183C Hawaii Revised Statutes or anv amendment
thereto. shall be deemed to be permitted uses.
Section (25-47.] ZS-4-ti• Use of streets. Except as permitted by the council, no street shall be
used for the display, sale, or private storage of any commodity or any material, nor shall any structure be
placed therein other than a driveway, ramp or similar structure that is necessary for vehicular access to
the adjoining property. This [or any other regulation does not exclude] section shall not prohibit normal
street impre~fenrents and those other facilities normally placed in streets.
$ection 25-4-7 Bed and breakfast establishments.
(al Rey a~A hre~lrf~ct establishments shall be permitted in the RD. RM. RCX. RA. FA. A. V.
CN CG and CV districts provided that p]an approval for any bed and breakfast establishment is secured
from the director prior to the establishment of such use Abed and breakfast establishment may be
permitted in the RS distric~,provided that a use permit is obtained for each such use and that plan
~proval for each such use has been secured from the director. A special permit shall also be reD Diu red
for any bed and breakfast ectablichment located in either the state land use rural or agricultural districts.
(bl Abed and bed establishment shall be subject to the following restrictions and standards:
(11 The bed and breakfast establishment shall be accesc_orv and subordinate to the
pnncipal use as a residence by its owners or lessee.
(2,1 The owner-operator or lessee-operator of the bed and breakfast establishment shall
reside on the same building site ac that being used for the bed and breakfast establishment For Dumo es
of this section a lessee-operator means a lessee holding a lease of five years or more. for the residence
and land on which the bed and breakfast establishment is located.
[~l The bed and breakfast esr~blishment may be located within asingle-family dwellin¢
emit and a guest house pl~rsuant to section 25-4-9. on a building cite.
(4) The bed and breakfast establishment shall contain no more than five ¢uest bedrooms
for rent to guests.
(51 [n the Rt and D districts the minimum lot size for a bed and breakfast
ectablichment ~~ith three to five g{IPSt bedrooms shall be fifteen thousand ware feet and any lot less
than fifteen thousand cQyare feet shall not have more than two gurcr hedroomc In the R_A FA and A
districts the minimum lot size for a bed and breakfast ectablichment with three to five ¢~est bedrooms
shall be the minimum lot sizr,~pecified for the a~ptigable zonin£district.
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(¢l The maximum number of guests permitted within a bed and breakfast establishment
at anv one time shall be ten.
(71 On y breakfast meals maybe offered to guests. The serving of breakfast for a fee to
individuals other than registered guests shall be prohibited. Abed and breakfast establishment shall not
operate as a food service establishment unless a food service establishment {j e a restaurant) is listed as
a
permitted use within the zoning~istrict.
(81 One p~(with concrete asp}~It concrete surface or chip-seal) off-street parkin
stall shall be provided for each gpest bedroom in addition to the required stall(s) for the dwelling unit
plpvided that in the RS. RA_ FA and A districts paved parking stalls shall not be required as long as the
material used`for the parking3talls will eliminate erosion. mud and standing water within the parkine
stall area.
(91 Exterior cigpgge which advertises the dwelling as a bed and breakfast establishment
shall comply with the requirements for residential sign~e ac set forth in chanter 3 (adverticing_and
~gnsl of [his code.
(ql No bed and breakfast establishment shall be permitted on any building site on which an
ohana dwelling approved [?y the director. is situated.
(dl Anv bed and breakfast establishment which has not received plan approval shall be
considered illeggl under this chapg~
(gl Anv bed and breakfast establishment existing as of the date of adoption of this section.
which conforms to the standards contained in section 25-4-7(bl. and has not received plan approval. and.
as applicable has not been issued either a ~p~e~la! permit or a use permit. may continue as a non-
rnnfnrm inn ucM until Qe~.nlvr'{(I, 1907 of which time enemy SDCh COD(IDUed LSe WlthOUt recelDt Of Dlan
approval and applicable a use permit or a spgsial_permit. shall be considered illegal under this
ohaorP~ Prior to June 30 1997 anv person may apply for plan approval and for a use permit or a special
permit for anv bed and breakfas* establishment existing as of the date of adoption of this section
ronformin¢ to the standards of section 25-4-7(bl and not otherwise permitted. and noon issuance of the
~gq iu red permits and apprwalc the use shall be considered a permitted use.
(fl The conditions contained in anv use permit issued for a bed and breakfast establishment prior
to the adoption of this rectiom shall continue to apply to the bed and breakfast establishment.
nohvithstanding,.provicionc to the contrary contained in this section.
Section [25-46.~ 25-4-8. Temporary real estate offices and model homes.
(al Temporary real estate offices [and model homes] for new developments shall be permitted in
[the RS, RD, and RM zones for new residential developments, subject to the following conditions:) ~
districts except for the A fA and O districts and model homes for new developments shall be permitted
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in all districts except for the A. IA. MCX. ML. MG and O districts. provided that final subdivision
approval of the development has been wanted bathe director andylan approval for anv temporary real
estate office and/or model home is secured from the director prior to the establishment of such use.
(4a A tempQrarv real estate office and model home shall also be subject to the followin¢
conditions
[(a)] L]1 The development in which the temporary real estate office and/or model home
jg,prooosed to be situated must consist of six or more lots and/or units.
[(b)] 1,1,1 The temporary real estate office [orJ and/or model home (use] shall not
[exceed] be used for a period [ofJ [Qpper than twenty-four months from the date of [official] plap
approval by~3he [planning] director[. Time];.provided that extensions may be granted by the [planning]
director.
[(c)] (3~ If the temporary real estate office is established in a structure not otherwise
permitted in the particular [zoned] ZQpjpe district, the structure shall be removed co-terminus with the
expiration of the temporary real estate office use.
[(d)] j4,) The temporary real estate office [or] and/or model home shall be used
exclusively for mazketing of lots and/or units located within the development in which it is to be located.
Inmulti-phased developmenu, a temporary real estate office or model home may be allowed for each
development phase for a period not to exceed twenty-four months. Time extensions may be granted by
the [planning] director.
[(e)] Parking for the temporary real estate office use shall be based on a minimum of
one parking stall for each employee and a minimum of one parking stall for each four hundred square
feet of gross floor area. The parking requirement may be satisfied off-site, provided that approval is
secured from the [planning] director.
I,6] The temporary real estate office [or] and/or model home shall comply with the
minimum setback and height requirements of the particular [zone] Z4LiIIC district.
[(g) Final approval for the subdivision shall be granted from the planning director
prior to establishment of the temporary real estate office or model home.
(h) Plan approval shall be secured from the planning director prior to the
establishment of the temporary real estate office or model home.]
[Section 25-48. Reserved.]
Section [25-49.j ZS-4-9. Guest (house.] houses. [No] 4Ilg guest house may QDIy be established
on (any] ~ building site [having an area of less than] that is at least seven thousand five hundred square
feet[.] in area. [It] A
euest house shall not exceed five hundred square feet in erocc floor area, shall not
be more than [one story] l1vS~IILy.f4.CI in height, and shall not have [any] a kitchen [facilities].
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Section (25-50.] 25-410. Mobile [dwelling.[ dwellines.
((a) No mobile, portable, or temporary dwelling may be occupied unless it is in an approved
mobile dwelling park having facilities for such dwellings.
(b) A single mobile, portable, or temporary dwelling or a camp trailer may be parked or stored
on any building site as an accessory use; provided that:
(l) [t is in an enclosed building or is otherwise placed or screened such that it is not
visible from any street or from any adjoining property; and
(2) The owner of the dwelling or trailer resides on the premises.] All mobile dwellines
shall conform to the County buildinE code (chapter 5 of this code). and the public health housing code
(~haoter 2 of the state public health regulationsl. exceot:
(Il When narked in a licensed mobile home park: or
(21 When occupied for dwellinE or sleeping p~poses outside of a licensed mobile home
park far lecc than thirty days in any one location.
Section [25-51.( ZS-4-11• Power lines[; utilities[;
utility substations; public buildings.
(a) Communication, transmission, and power lines of public and private utilities and
governmental agencies are permitted uses within any district.
(b) [Substations] ~,y substation used by a public [utilities] utility for the purpose of furnishing
telephone, gas, electricity, [orJ water. radio. or television shall be;; permitted [uses where the director
finds that the same are] II_se in apy district provided that the use is not hazardous[,] g2 dangerous[, or a
nuisance] to jbg surrounding [areas] a(~ and the director has [granted] issued plan approval [therefor.]
for such use.
(c) [Community, public, and public service buildings] Public uses. structures and buildings and
communilyJ~uildin¢s are permitted uses in any district. provided [they conform to the general plan.] ~
the director has issued nlan approval for such use.
~Srtion 25-x-12 'I'elecommnnicstion antennas
(al A telecommunication antenna or tower shall be permitted in any district provided that the
aorrnna and itc uce are not haz~rdouc or dangerous to the surrounding area and the director has issued
plan approval for such use.
The minimum setbacks for a telecommunication antenna are as follows:
Freestandin¢ antennae and towers shall be set back from every prooerty line a
minimum of one foot for every five feet of antenna or tower height.
(~J Telecommunication antennae and towers c_upported by eyy wires shall be set back
from every orooerty line a minimum of one foot for every one foot of antenna or tower height.
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The tower together with the initial antennas and other eauioment proposed to be installed
thereon. shall have a hard survivabilirv for sustained winds of at least one hundred mile per hour.
[Section 25-53. Directed exterior lighting. [n any district no directed exterior lighting may be
installed or used which is directed into the sky or toward any structure or land beyond the property line.]
Section 25-4-13. Home occupations.
(g) A home occupyion shall be permitted as incidental and subordinate to the use of a dwelling
in any district in which a dwelling is IocateQ~provided that the home occupation does not change the
character and external appearance of the dwellin¢.
(¢1 ALI home occupations shall comply with the following standards:
~ ~ ~ ThP hmm~ ~~~upgtion ahal I be conducted either entirelywithin the dwelling or if
outside the dwellleg the activity shall be screened from public view
{Z) No exterior signs. symbols. displays or advertisements relating to the home
nrrUpatlOn shall hP ~~splaye~ onr shall arty interior signs be visible from the public view
(31 Any materials, supplies or products relatingto the home occupation which are
stored outside pf the dwelling or other ful]y enclosed building shall be screened from the public view.
(41 Articles sold on the premises shall be limited to those produced by the home
occupg(jon and to instructional materials certinent to the home occupation.
(5) Only t?ne empjQvge shall be Dermitted in addition to household members under the
home occupation.
(61 A minimum of one parking space shall be provided on the building site in addition
arkin~ r~gaired for the dwelling uce or other permitted uses if the home occupation involves
~„ornn,Pr „ra„r visits mPPtings. The direcror mavLeQuire additional parkin¢ spaces where the
director finds that each additional parkin paces may be reasonably necessarv to avoid off-site or
inaporopriat parkipp locations Any resident of amultiple-family dwellin¢ may fulfill the parkin¢
tgGUirement by the uce of Quest parkin with the written approval of the buildin¢ owner. mana¢er or
condominium association.
(S,) Plan approval shall be secured from the director prior to the establishment or exnanc_ion of a
home occupation only if the home ocpupation involves an~of the following activities:
Customer or client visits:
(2) FregyPnt deliveries or pickups:
O Stor YP of materials supplies or products related to the home occupation outside of
the dwellin¢ or other fully enclosed building or
(4) Activities conducted outside of the dwellin¢.
20NING CODE REVISION•R~rt4eya vasbn
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(dl A special permit shall be obtained for anv home occupation on a building it rhar ~c cinlarrri
within either the state land use rural or agricultural district.
(e) The following activities shall not be permitted as home occupationc~
(I l Contractor storaggyards including without limitation the storage ~cP r@p is r or
fabrication of equipment designed or intended for use in land excavation or in the construction of
b ~i~. Idings or other structures or other similar heav ygouioment
(~l Repair. fabrication or painting of automobiles or other motorized vehicle .except
Ih_ose Qwned by household members and which are not sold or made available for sale within one year of
such activity regarding any particular vehicle.
(31 Care. treatment or boarding of animals in exchange for money. goods. services or
other consideration.
(41 Group instruction.
{,~J Any activities and uses which are only permitted in industrial districts
(61 Any activities which involves frequent visits by the public.
Any home occupation existing as of the date of adoption of this section which requires pfap
approval under subsection (c 1 may continue as anon-conforming use until September 30. 1997. at which
time any such continued use without receipt of plan approval shall be considered illegal under this
chapter. Prior to June 30. 1997. any person may apply for Ip an approval for anv home occupation
existing as of the date of adoption of this section which requires plan anproval under subsection (c 1. and
gpon issuance of plan anproval. the use shall be considered a permitted use.
Section 25-4-14. Fla lots. A flag lot shall be permitted when sufficient street frontage is not
available for more than one building site. pjpvided the following conditions are met:
(11 The access drive connectin¢ the building site with the street shall have a minimum
width of fifteen feet.
(21 The access drive shall be the sole access for only one building site. unless duel
access is approved by the director after consultation with the chief engineer.
The building site area. including the access drive. shall be the minimum building cite
area required for [he zoning district.
(41 The minimum yards for a flag lot. excluding the access drive. shall be the minimum
ci_ de yards required for a building site in the applicable zoning district.
[Division S.J Division 2. [Supplementary Height Regulations.[ HeiEhtz
Section (25-54.[ j,~¢~Q, Height [regulationJ; general rule.
ZONING CODE REVISION-Rameayer version
6). DRAFT 7/8199
(a) [Every] 1~ building or structure hereafter erected shall [not] exceed the [height limits as
established for the disVict in which located,] established zoning district height limit- except as hereinafter
permitted or otherwise regulated.
(b) If any existing structure exceeds the established ~onipg district height limits, it shall not be
further increased in height.
Section [25-SS.J 25-4-21• Basements and underground structures.
[(a)] In [any district] all districts, any number of Floors below ground may be permitted.
Section [25-56.[ ~¢~j, [Height variances.[ Exemptions from height limitations.
[(a) A variance request for additional height shall not exceed the applicable district height limits
by more thalrten feet.
(b) A variance request for additional height for accessory structures shall not exceed the height
limit established for the applicable district.]
The following pct ~rec are exempt from zoning district height limits under the specified restrictions:
[(c)] (~.1 Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles, yetu
pjpP< fans ctrlcturec housin¢ or screening elevator machinery and other similar features [may exceed
the disVict height limits by no more than ten feet and upon securing a "variance" therefor may exceed the
district height limits by an additional number of feet necessary as permitted by the planning departrnent;
provided 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 disVicts to the height
required by considerations of safety and optimum utilization or specifically required by rules and
regulations of the State public utilities commission.]. not to exceed ten feet above the YoverninQ height
limit
[(d) No height variance may be granted unless it meets the grounds for variance set forth in this
chapter.]
Safety railin¢< not to exceed forty-two inches above the governing height limit.
(mil tiliri Hales and lines and telecommunication antennas not to exceed five hundred feet from
xe istinQprad
(Ql One antenna for an amateur radio elation op rag lion pPr buildin¢ cite not to exceed ninety
feet above existin~Qrade•
(gl ~`lind machines where permitted provided that each machine shall be set back from all
ro lines one foot for each foot of hejyht measured from the highe<_t vertical extension of the
SV3IClIl.
ZONING CODE REVISION-Ram~ayx wnlon
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(fl Any energy <avingc device including heat Dumos and solar collectors not to exceed eieht
feet above the governing height limit.
(gl Non-residential agricultural structures in the FA A and IA districts not to exceed one
hundred feet as gpproved by the director upg~r finding that the additional height above forty-five feet is
necessary.
Section (25-57.[ 25-4=23. Accessory structure height (regulation.( limitations. [Accessory
structures) An accessory structure (unless otherwise specified] shall not exceed twenty feet in height[.],
I~nless otherwise specified in this chanter.
[Division 9.]-Division 3. [Supplementary Area and Average Width Regulations.( Street Frontage.
Lot Areas and Widths.
Section 25-4-30 Minimum street frontage. The following minimum street frontaee standards
gpply to every building site:
(al Fi ercent of the regpired building cite average width for anv building site in a zoning
di<tri t providing for a minimum buildine <ite of one acre or less. except for flag lots. anv buildingsite
located at the end of a cul de sac and any building site where the access to the building site is by means
of a road ~ easement.
(bl One hundred feet for anyy ~ildi site in a zoning district providine far a minimum buildine
Bite of over one acre except for flagJotc any building cite located at the end of a cul de sac. and anv
b iu Iding cite where the access to the building site is by means of a roadway easement.
(cl The width of th~pole or fifteen feet Cox anv flag lot.
(dl Fifteen feet for anKbuilQjpg <ite located at the end of a cul de sac.
(gl No street frontaee shall be required for anXbuilding cite where access to the building site is
JD means of a roadway,~asement.
Section [25-58.[ 25-4-31. Minimum building site area; minimum average width.
(a) Unless otherwise specified in this chapter. each main [use] buildine must be located on a
building site having not less than the established zonin ictri t minimum building site area [specified by
the regulation of the district in which such use is located].
(b) Any [parcel of land having] b ~ildi g site which has less area or width than that required by
the established zonin¢ district [in which located], may be used as a legal building site; provided that the
owner [thereof at the time of or since said effective date] of the buildine site owns no adjoining property
at the same time.
(c) A [parcel of land] buildine site shall be deemed to conform to the requirements for building
site average width if any portion of the [parcel] building site considered separately has the minimum
building site area with the minimum average width.
6~ IONING CODE RENSION-Ramsyx vNSlan
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Section (25-59.J 25_432. Reduction of [area] building site below minimum[.] area.
[No] A building site may be reduced below the established zoning,district minimum
building site area [as specified by the regulations for the district in which located], and [if a] an existine
building site, which is below the minimum building site area, [it] may not be further reduced [further;] 14
area exr~gpt~.provided under section 25-3-5
~ [provided that if any] epy legal building site [is] reduced in area or average width by [no]
~ more than twenty percent [of the respective requirements], by reason of the establishment of future
width lines or plan lines for future streets or by the acquisition by a public agency for public purposes,
[then the remainder of the building site] shall be deemed to be a legal building site as to the remainder of
the building site.
Section [25-60.J 25-4-33. Effect of delinquent tax sale[.]: recordation of land. Any parcel of
land that is not otherwise a legal building site does not become a legal building site by virtue of being
sold at a delinquent tax sale[.] or by ~Pa~on of recordation of the parcel of land at the state bureau of
convevances•
Section [25-61.J 25-4-34• Waiver of minimum site building area for utilities. The rewired
minimum building site area [requirement] may be waived by the director for public utility or public
rights-of--way subdivisions, or both, and [their] apy resultine remnant pazcels.
[Division 10.J Division 4. [Supplementary Yard) Yards snd Open Space [RegulatiousJ.
Section (25-62.J ~Q, [Supplementary yard) General requirements foryards and open
space.
(a) On every building site, yards of the minimum width or depth as specified for the established
ZQpjpg district [in which located] shall be maintained open and unobstructed from the ground up, except
as specified in [this division.]sP~tionc 25-4-40 through-- 25-4-47•
(b) No required yard or open space may fulfill the requirement for more than one building,
building site, or use.
(c) A building site shall have a front yard wherever it has a street frontage, except where the
option of either a front or rear yard is allowed in [CO,] CV and CG districts. [A corner lot shall have a
front yard along both streets, except as provided elsewhere in this section.]
(d) [n [CO,] CV and CG districts, where the [lot] buildin¢ site is bounded by two or more
streets, a minimum of one front yard shall be required. [ts location shall be determined by taking into
account the relationship and impact of the development to the adjoining streets.
(e) Unless otherwise specified, yards, open spaces, and distances shall be measured horizontally.
No building setback is required fronting a mall.]
Section (25-63.J 25-4-41• Triangular or irregular building sites.
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(a) On any [gore or] triangular shaped building site, the rear yard shall be measured from the
point most nearly opposite the street line and in the same manner as for a corner building site.
(b) [n the event a building site is so irregular in shape that it is impossible [o establish side and
rear yards, the director shall view the relationship between [it] the building site and surrounding property
and shall specify the required yards.
Section [25-64.j ZS-4-42. Corner building sites.
(a) On any comer building site, the interior lines shall be side lot lines and all rear yard
regulations shall be inapplicable.
(b) Qn (every] gpy comer building site in [any district] all zoning districts except [a] jp~@ CN
district, within the area of a triangle formed by the street lines of such building site (ignoring any corner
radius), and a line drawn between points on such street lines twenty-five feet from the intersection
thereof, [there shall be] no fence, wall, hedge, or building shall be higher than three feet nor shall there
]zg any obstruction to vision other than a post, column, Vee trunk clear of branches or foliage, between
the height of three feet and [a height ofJ eight feet above the level of the street or the level of the [above-
mentioned] point of intersection ifthe sVeets are sloping.
Section [25-65.j 25-4=43. Fences [asj gp~ accessory structures(; access to main buildiogsj.
(a) [For the purpose of determining yard requirements, a] ,g.perimeter boundary fence. wall or
similar feature. less than six feet in height shall not be considered a structure[.] and shall be permitted
without anv front cide or rear yard requirements. [AII walls, fences, and similar swctures six feet or
over in height shall be considered as accessory structures, provided that those eight feet or less in height
are exempt from the open space requirement often feet between an accessory structure and a main
building. Fences] In addition. a fence which [are] j~ constructed of sVand material, such as barbed wire,
hog wire, or chain link, which [allow] allows "see-through" visibility [are] jg permitted to a height of
eight feet [with no] without anv front, side, or rear yazd [requirement.] requirements.
(b) No fence, wall, architectural feature, or other obstruction shall be placed or be without gates
or openings so as to prohibit complete access around any main building at all times.
(el Anv acceccorv ctructure including~~ fene^ or wall over six feet in height. architectural
feature or water tank which is not connected to a building. may not extend into anyfgquired front. side
or rear yard but may be located next to anv building without anv open space requirement.
Section [25-66.j 2S4 44• [Projections) Permitted projections into [required[ yards snd open
spaces.
(a) Except as may otherwise be restricted, [the following projections or features may extend four
feet into any required yard or open space that is less than ten feet, five feet when required yard or space
is from ten up to fifteen feet, and six feet when required yard is over fifteen feet: cornices, canopies,]
ZONING CODE REVISION-Rartgsyer vanbn
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roof overhangs. eaves, [landing plans,] sunshades. sills- frames. beam ends. cornices. canopies. porches,
balconies, terraces, fire escapes, stairs, ramps, above-grade pools and other similar features may extend
four feet into any required yard or opgp space that is less than ten feet five feet when required vard or
gpace is from ten up to fifteen feet and six feet when required yard is over fifteen feet; provided that:
(1) [None of the features] No cornice. canopy. eave. porch. balcony. terrace. fire escape.
stair. ramp or other similar feature shall be enclosed above or below the extension except that there may
be individual posts or beams for support and open or grill type railings no higher than four feet; and
(2) No chimney may extend more than two feet into any yard.
(31 No above-gra_dgpQol may extend into any required front tide or rear vard if the pool
is over six fget in heieht.
(b) The extensions permitted in this section apply separately to each building.
Section [25-67.( 25-4-45. [Porte-cochere.[ ploiection o[~orte-cocheres. [[f a building is
located in a district that requires plan approval, then the planning department by approving the plan may
permit an] ~ attractively designed Porte-cochere [to] may extend any distance into a front yard as a
protection for arriving motorists and pedestrians.
Section 25-4-46 Projection Qj,pools A pool constructed at-grade may extend any distance
into a required yard or oven space.
Section [25-68.(25 4-47 Minimum distance between main buildings on same buildine site.
Unless otherwise specified, the minimum distance between main buildings on the same building site
shall be fifteen feet measured between the walls of the two buildings.
(Section 25-69. Yards required far accessory buildings.
(a) Unless otherwise permitted or regulated, in any district shall observe and maintain the same
yards as required of a main building in the district except that no rear yard shall be required for an
accessory building unless the rear line of the building site abuts upon an alley in which case oleo-foot
rear yard shall be maintained.
(b) 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. [f not structurally attached to any main
building, an accessory building shall be at least ten feet from the main building, six feet of which shall be
totally unobstructed from the ground up.]
[Division 11.] Division 5. [Supplementary[ Off-Street Parking and Loading [Rcgulations[.
Section [25-70.) 25-450. Off-street parking [spaces; general requirement.] and loading:
purpose.
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66 owu:raroroa
(a) [[n 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 set forth in this division.] Parking and loading standards are intended to minimize street
conpg~tion and traffic hazards and to~rovide safe and convenient access to residences businesses
ppblic services and paces of public assembly.
[(b) Revised parking requirements of this division which became effective on November 29,
1983 shall not apply to proposed developments which received plan approval or any written assurances
from the director dated before November 29, 1983 based upon those less stringent parking requirements
then in effect; provided that the proposed developments having received such written assurances shall
have received plan approval no later than May 31, 1985.)
(¢1 Off trees parking and loadingpaces shall be provided in such number at such location and
with such imorovements ac required as set forth in this division.
Section [25-73.J 25-451. [Parking spaces required for various uses.J Required number of
par soaces.
(a) The number of parking spaces for each use shall be as follows:
[(1) Automobile, machinery or equipment sales and service garages: one for each five
hundred square feet of gross floor area.
(2) Banks, post offices, commercial, professional and government offices which provide
public entitlement services such as social security or welfare, which require in-person registering or
licensing: one for each four hundred square feet of gross Floor area.]
[(3)]~ Bed and breakfast [establishment:] establishments: one for each guest bedroom,
in addition to one for the dwelling unit.
[(4)](~ Bowling alleys: four for each alley.
[(5) Churches: one for each six seats in the principal assembly room.
(6) Clubs, lodges, social orders, fraternal organizations, dance halls, assembly halls
without fixed seats, exhibition halls, night clubs, and commercial places of amusement: one for each one
hundred square feet in the principal assembly area or main hall, and one far each employee; for buildings
with no principal assembly area or main hall, one for each two hundred square feet of gross floor area.]
('il Commercial uses includipg ~^a ^~^^-a noes .n RCX- CN. CG. CV MGX_ V.
R A FA A and IA districts• one for each Lhrer hundred square feet of gross floor area.
(~1 Dav care centers• one for each ten care recipients_ of design caoacity or one for
every hwo hundred cgpare feet of g~~ss floor area whichever is~reater.
(51 Dwellings mpjjjpl -fami y one and one quarter for each unit.
ZONING CODE REVISION-Ram~ayar v~nlon
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(61 Dwelling, single-family and double-family or duplex: [wo for each dwelling unit.
[(7) Dwelling: one for each family or dwelling unit.]
[(8)](71 Funeral homes and mortuaries: [three for each parlor or] one for each
seventy-five square feet of gross floor area[, whichever is greater].
(81 Golf courses• four for every hole.
(9) Hospitals(, nursing homes, convalescent homes, rest homes, and homes for the
elderly]: one for each bed.
[(10) Rooming and lodging houses, religious, fraternal or social orders having sleeping
accommodations: one for each two beds.]
(101 Hotels and lodges• one for every two units.
[(l I) Medical or dental clinics or groups and sole practitioners: five spaces for each
professional practitioner.)
I1 Industrial uses in ML. MG. MCX. R_A_ FA. A and fA districts: one for each four
hundred sire feet of erosc floor area.
[(12) Hotels, apartments, and motels:
(A) Accessory portions same as otherwise regulated;
(B) For hotel guest units without kitchen units, one for every three units;
(C) For hotel guest units with kitchen units, one and one quarter for every unit;
and
(D) Apartments and motels, one and one quarter for each unit.]
(]71 Laundromatc_ cleaners (coin op rat d): one for eve~four machines.
[(13) Retail stores and shops:
(A) In a V district, in a CN district, or in any district as part of a defined
shopping center: one for each two hundred square feet of gross floor area; or
(B) In other areas: one for each three hundred square feet of gross floor area.
(C) Furniture and appliance stores, household equipment or furniture repair
shops: one for each five hundred square feet of gross Floor area.]
{ 131 h".aior outdoor amusement and recreation facilitiec• one for each two hundred
gquare feet of grnce floor area within encloced buildinQc plot one for every three merconc that the
outdoor f^cilitiec are decjy d to accommodate wtien aced to the maximum capacity
[(14) Industrial, manufacturing, and research uses:
(A) If possible to determine, one for each employee based on the largest work
shift; or
(B) [f otherwise, one for each eight hundred square feet of gross floor area.]
ZONING CODE REVISION-RamYym wnbn
68 DRnFr verve
(141 Meeting facilities. including churches: one for each seventy-five square feet of
gross floor area.
[(15) Wholesale establishments, warehouses, and bulk storage: one for each one
thousand square feet of gross floor area plus one for each employee on the largest work shift.]
(I51 Nursing homes. convalescent homes. rest homes and homes for the elderly: one for
everyswo beds.
[(16) Other general business uses in CG districts and in other districts as permitted: one
for each four hundred square feet of gross floor area.]
Ohana dwelling unit: two for every unit.]
• (J 61 Parks: as determined by the director.
[(17) Community swimming pools: one for each forty square feet of pool area.]
. = (171 Recreation facilities. outdoor or indoor. other than herein specified: one for each
rivo hundred cauare feet of gloss floor area. plus three per court {racAuetball. tennis or similar activities).
[(18) Restaurants, bars, drive-ins: one for each one hundred and fifty square feet of
gross floor area where the main use utilizes the entire building. Where the main food or beverage service
use occupies a part of a larger building such as an office complex or hotel or shopping mall: one for
each two hundred square feet of gross floor area.]
{I81 Rooming and lodgjpp houses. rel]gious. fraternal or social orders havine sleemine
~~rommodationc• one for each two beds.
(19) Schools [(grades k-9): one for every classroom.] (elementary and intermediate):
one for each riventy students of decigp~pa i plus one for each four hundred cauare feet of office floor
Sp3~G.
(20) Schools ((grades 10-12, colleges): one for every six seats and any office parking
requirement in addition to one for every six seats in the principal assembly room.] (high. lan¢uaae.
vo,:ational bucinecc technical and trade. college). one for each ten students of design cams itv mlus one
for each four hundred square feat of office floor space.
(21) Sports arenas, auditoriums, theaters, assembly halls [with fixed seats]: one for
every four seats.
[(22) Self-service Laundromats, dry cleaning: one for every four machines.
(23) Golf courses: four for every hole.
(24) Tennis/racquetball couru: three for every court, domestic courts excluded.
(25) Skating rinks: one for every two hundred square feet of gross floor area.
(26) Full commercial laundry service establishment: one for each employee on the
largest work shift plus loading space requirement.]
ZONING CODE REVISION-RameayM vgslon
69 oRncr veroo
{22) Swimming_pools (communiri): one for each fortv~quare feet of pool area.
(2"t) Warehouse and bulk stotgge establishments where there is no trade or retail traffic•
one for each one thousand square feet of gross floor area
(b) No additional parking is required for any change [in] q~use in a buildine[; provided that] ~
lone as the previous [use(s)] use of the buildin¢ had the required [amount] number of parking [spaces
and the applicant for the proposed use(s) provides adequate parking to accommodate the anticipated level
of traffic for the intended development(s).] stalls for that use:yrovided. that additional parking may be
wired for a change of cse in anv building where the building is converted from residential to
commercial uce or from warehouse and manufacturing uce to retail or commercial use.
(c) Where uses and activities do not occur simultaneously, parking space requirements may be
shared, provided that:
• (I) The utilization of the combined parking is shown to the satisfaction of the director to
be noncompeting as to time of use;
(2) The number of parking spaces is based on the largest parking requirement of those
respective facilities;
(3) The parking areas are not more than [five hundred) one thousand feet from any of
the buildings housing the activities; and
(4) The parking areas are encumbered for that use for the life of the facilities being
served.
Section [25-76.] 25-452• [Determination of parking and loading space by director.]
of determining umber of arkinE aRaces.
[(a) The director may increase any of the requirements in this division under plan approval only
after reviewing the proposed use and its impact to the immediate area and making a finding that the
increase will further the public safety, convenience and welfare.
(b) In case there is any doubt as to the requirements for parking or loading space for any use not
specifically mentioned or for any other reason, the director shall make such determination.
(c) In computing the number of parking spaces required, fractions of one-half (or .5) and over
shall be rounded to the next highest whole number.]
{a) When complrtation of req ~i Q„parking spaces results in a fractional number. the number of
sogcec required shall be the next highest whole number.
(b) In ctadiumc cRQrtc arenas meetin¢ facilitiec and other places of assembly in which Datronc
or _coectatorc occ~y benche~~ws or other cimilar seating facilities each twenri-four inches of width
chall be counted as a seat for the pnrooce of determining r~quirements_ for off-street Darkine.
ZONING CODE REVISION•Ramwy~r wnWn
70 DRAFT ylIYG
(~,Ljpycle parking stalls are constructed on any buildi gsite the total number of reouired
parking aces shall be reduced by one inq space for every five bigyclg,~arking stalls constructed
fil At least sirry-se~Pn percent of the required parking shall be standard sized parking~,pacec
and thirty-three Rercent may be compact snaces.
(gl The director may increase the required number of parking paces for anyuse duringplan
Approval if the director reviews the proposed use and its impact to the immediate area and finds that the
increase will further the public safety convenience and welfare
(Q If there is gpy doubt as to the requirements for off-street p ra king for any use not specifically
rt+Pntioned or for anv other reason the director shall determine the reouired number of parking spaces for
such use•
Section [25-71.[ 52_-4 .3-S [Parking stall dimension; standards.[ Minimum dimensions of
parkin snaces.
(a) (Each parking space or stall shall have a minimum width of nine feet and a minimum length
of eighteen feet.] Standard-cited automobile parking spaces shall be at least eighteen feet in length and
Bight feet six inches in width with curbside parallel spaces at least twenty-two feet in length.
(b) [A maximum of thirty-three percent of [he stalls may be allocated for small cars and other
vehicles. Stalls for small cars shall have a minimum width of eight feet and minimum length of sixteen
feet;] ~41I1D~.LSDarec shalt he ar iPacr sixteen feet in leneth and seven feet six inches in width. with
curbside ppra11e1 ,~pacec at least eighteen feet in leneth.
[(c) All parking stalls:
(t) Shall be individually accessible;
(2) May have a three feet unpaved car overhang azea; and
(3) In all V, CN, CO, CG, CV, ML, MG and ItM districts, shall be paved with an all-
weather, dust free surface.
(d) For any pazking stall containing a building column, that column may intrude six inches into
the required width. A wall shall not be considered a building column.]
[(e)](sl Minimum aisle[, driveway or back up space] widths for parkin¢ bavs shall (consist of
the] be provided in accordance with the following [dimensions]:
Angle of Parking to Curb Minimum Width
to 0° (parallel) 12'
to 60° I
to 90° (perpendicular) 24'
Idl Parkin¢ snaces m~have a three foot unpaved car overhang area.
20NING CODE REVISION•R~mtayar vanbn
ORAFT 1/!198
[Section 25-72. Access to parking spaces. Except for one duplex dwelling or two single-
family dwellings on any single lot, access [o any individual parking space shall not be directly from or to
a street but must be reached from an on-site access driveway of proper design and width to allow for
passage of vehicles and necessary turning movements.]
Section 25-4-54. Standards and improvements to otf-street parkinE spaces.
(al All parking spaces shall be arranged so as to be individually accessible.
!hl Except for one duplex dwelling or two single-family dwellings on anv single buildine site.
access to any individual parkin~~pace shall not be directly from or to a street but must be reached from
an on-cite access drivewav of proper design and width to allow for passage of vehicles and necessary
turning movements.
(c) In V CN CG CV MCX M MG RD RM and RCX districts. parkine~paces shall be
J~~
For amp permitted use in the RS A. FA. A or IA districts. the pavement of parking spaces
is not required and ~v material may be used for the parkine~,paces that will eliminate erosion. mud and
standing water.
(el For anyyarkine~pace containing a buildine column. that column may intrude six inches into
the required width provided that the buildinecnlumn shall not he located at the entry of the narking
gyace A wall shall not be considered a buildine umn.
Section [25-73.1.[ 25-4-55. Parking [spaces[ for [the physically handicapped.[ it~sons with
disabilities.
[(a) For all non-residential uses, including commercial, industrial and institutional, parking
stalls for the physically handicapped shall have a minimum width of thirteen feet and a minimum length
of eighteen feet.
(b) Parking stalls for the physically handicapped shall be designed to the specifications of the
"American National Standards Institute, 1980, for Parking and Passenger Loading" and required in the
following ratio:
20NING CODE REVISION•R~m~ayx wnWn
72 DRAFT LMGY
Number of l3' x I S' stalls
Total stall requirement (for handicapped) required
l - 20 0
21-50 l
51 - 75 2
76 - 100 3
101 - 200 4
201 or more 5]
An accessible building cite shall have at least one accessible route within the boundaries of
the building cite from public transportation clops. accessible an rkine cp~g~passenQer loading zones if
provided and Dllblic streets or sidewalks to an accessible building entrance. The accessible route shall
connect a clear path of travel a minimum clear width of thirty-six inches. to accessible buildi~s
a~~PSsible facilities accessible elements and accessible parking paces on the building,xite in
compliance with the County code. chapter 5.
(bl Ifparking3yacec are Drovided for self-parking by~plovees or visitors. or both. then
accecciblg~,oaces shall b~,provided in each such parking area in conformance with the table below.
$yaces required the table need not be provided in the particular parking area and may be Drovided in a
different location if ~uivalent or gtsater accescibiliN in terms of distance from an accessible entrance is
ensured.
Total Parl~ng On BDildipg Site & Required MinimLm Number of Accessible Coace.
t to 25 1
26 to 50 ~
S 1 to 75 }
76 to 100 4
IOI to 150 ~
I S I to 200 ¢
201 to 300 Z
301 to 400 $
401 to 500 2
501 to 1000 Z„percent oftotal
1001 and over 20,.plus ~~P for each hundred over one thousand Additional aR rking rr uirementc for
Pdical health care facilities and treatment facilities for Dersons with disabilities.
20NING CODE nEVI510N•Ram~aym venbn
73 Dw~fr ueroe
{11 Accessib(gparkin¢ spaces for sedans shall be ninety-six inches wide by two hundred
sixteen inches deep with a sixty inch wide access aisle. Accessible parking spaces for vans shall be one
hnncire~t e' ht inches wide by two hundred sixteen inches deep with aninety-sir inch wide access aisle
(21 Parking access aisles shall be part of an accessible route to the building or facility
enfr~nre Two accessible~arking,~paces may share a common as~ce s aisle Parked vehicle overhanes
shal I not reduce the clear width of an accessible route. Parking spaces and access aisles shal I be level
with surface slopes not exceeding 1.50 (two percentl in all directions.
{~.l Provisions of all req nu'red parking spaces in conformance with "Universal Parking
n.-PSIgn' is•per••~~nP,t i foive~sal pg~g stalls shall be one hundred thirty-two inches wide by two
hundred sixteen inches dee~with a sixty inch wide access aisle.
(r) Van Accecc One in everysight accessible spaces as cer above (I 1. but not less than one.
~t,~u t.e ~P..•~d by an ac~esc ante ^'^ety-six inches wide minimum and shall be desienated "van
ar sible" The vertical clearance of ninetv~ght inches at such maces shall be Drovided at the Darkine
ice and alpIlg at least one vehicle access route to such spaces from site entrance(sl and exit(sl. All
~,~ch spaces may be groyped on one level of a parking structure.
[(e)~(dl Passenger loading zones If passenger loading zones are provided. then at least one
passenger loading zone shall be provided Passenger loading zones hall Drovide an access aisle at least
ci - he wide and two hundred forty inches long adjacent and parallel to the vehicle Dull-~D space. If
there are curbs behveen the access aide and the vehicle p AIL I-up~pace. then a curb ramp shall be
provided Vehicle ctandingspacec and access aisles shall be level with surface slopes not exceeding 1~
(Lwo percentl in all directions Vertical clearance of one hundred fourteen inches at accessible Dassenger
loading zones and along~t least one vehicle access ro ate to such areas from site entrance(sl and exit(s)
shall be provided.
[(f)]{gl At facilitie~l„providinv medical care. parking~spaces shall be Drovided:
{ 11 OQjpa~~ent units and facilities ten
vsrcent of the total number of narkine spaces
provided cervjpg each such outpatient unit or facility:
74 ZONING CODE RENSION•Ramwyv
Units and facilities that gpecialize in treatment or services for persons with mobility
~airments• twentypercent of the total number ofparking~pacec provided servineeach such unit or
facillty.
[(g)](f) Valet parking facilities shall Rrovide a passenger loading zone located on an accessible
route to the entrance of the facility,~~pt where valet parking only is used for all parking r.~e aired by
that facility.
[(h)](gl ~g
t~ge Accessible parking~,pacec_ shall be designated as reserved by a sign showing
the symbol of accessibility Spaces shall have an additional sign "Van-Accessible" mounted below the
gymbol of accessibility Such sigps shall be located so the bottom edges of the sign is ei£hty inches
minimum above the finish surface of the accessible parking stalls. Signs which designate narking spaces
shall be a minimum twelve inches bKtwelve inches with eight inches high ISA (International Symbol of
Accecsibilitvl symbol The construction of the siEn shall be 080 inch minimum thickness. aluminum
sheet mounted on three inch square telespar tubing or approved equal.
(hl In the event that the Americans with Disabilities Act ("ADA"1 requires more strin¢ent
parking,~tandardc for persons with disabilities than those contained in this section. the requirements Gf
ADA shall be followed.
Ceerion 25-4-56 Otf-street loadinP
r~q¢irements Off-street loadinQ_reayirementc shall apply
to all buildines having a dross floor area of at least five thousand square feet. except for single-family
residential units in all zoning districts The minimum number ofoff-street loading goacec shall be as
follows:
Use or [ ]se Gate¢orv Floor Area in Square Feet I.oadin¢ Snace Requirements
J ~'ommercial and industrial 5.000 - 10.000 j
ncec includin¢ retail and 10.001 - 20.000 ~
wholesale gperations. eating 20.001 - 30.000 ~
and drinking establishments, X0.001 - 40.000 4
b ~sinecc servi c rpe sonar. 40.001 - 60.000 ~
services. repair. Each additional 50.000 or j
manufacturin¢ and self prior fraction thereof
storage facilities. but
excludin¢ offices.
7. Hotels. hospital or similar 5.000 - 10.000 j
institutions- and pfgces of 10.001 - 50.000 2
public assembly 50.001 - 100.000 ~
Each additional 100.000 or 1
Dior fraction thereof
20NING CODE REVISION-Wmseyer vanbn
~IS DRAFT zeros
3. Offices or office buildin¢s 20.000 - 50.000 j
50.001 - 100.000 ~
Each additional 100.000 or j
moor fraction thereof
4. Multi-family dwellin¢s Number of Units
20 - 150 1
151 - 300 2
Each additional 200 or major j
fraction thereof
Section 25-4-57. Method of determining number of loadings ap ces.
(,The gross Floor area of a building shall be used to determine the required number of loadine
gpaces for that buildin¢.
(bl When a building is used for more than one use. and the gross floor area for each use is below
the minimum requirine a loading space. and the aggregate gross floor area of the several uses exceeds the
minimum floor area of the use category requiring the greatest number of spaces. at least one loadin¢
soace shall be required.
The number of loading paces required may be adjusted to fifty percent of the required
number when such spaces are assigped to serve two or more uses joint v provided that each use has
access to the loadine zone without crossin¢ Dublic streets or sidewalks.
{dl When computation of required loading space results in a fractional number. the number of
maces required shall be the next hirhest whole number.
Section [25-74.] ZS-4-58• [Off-street loading space.] Dimension of loadin¢ spaces.
[(a) [n any district in connection with every building or part thereof hereafter erected and having
a gross floor azea of five thousand 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 off-street loading space plus one
additional off-street loading space, for each additional ten thousand square feet.]
[(b)] {y] [Off-street loading space shall be provided with access, driveways, and surfacing in the
same manner as for off-street parking except that each] When opjy one loading cRace is required and the
total gross Floor area is not more than five thousand sgyl3re fee[. the horizontal dimensions of the loading
space shall be ten feet wide and twenty-two feet long, [with a height] and the vertical clearance [off s]>a]j
be at least fourteen feet.
20NING CODE REVISION-Ramsaya vanWn
76 ORAFT ZANY
j41 When only one loading pace is required and the total gross floor area is more than five
thnucand sgpare feet the horizontal dimensions of the loadine soace shall be twelve feet wide and fifty
feet long and the vertical clearance chall be at least fourteen feet
j~ When more than one loading pace is reouired or the total gross floor area is more than five
thousand souare feet the minimum horizontal dimension of at least half of the required loading spaces
shall be hvelve feet wide and fiftyfeet lone and the vertical clearance shall be at least fourteen feet The
halanre of the ~eGU~~ed loadinggpacec may have horizontal dimensions often feet wide. and twenty-two
feet
lone.
(~]l The reouire{[~proa~pace or area provided for maneuvering trucks into or out of loadin¢
position shall be fogy-six feet if the loading pace width is ten feet. forty-three feet if the loadine soace
width is twelve feet and thirty-nine feet if the loading pace with is fourteen feet.
cation 25-;-59 Location and improvement of loading~pa~g„
(g) All rsgpired loading~pacec shall be located on the building site to which they are
appurtenant No loadin¢ snaces shall be permitted within any street or alley
jbl Each regyjred loa{~p c~ace shall be identified as such and shall be reserved for loading
pumoses.
No loading pace shall occupy required off-street parkintsDace or restrict access.
(dl Access to an ading~pace shall not be directly from or to a street but must be reached
from an on-site access driveway~f Droner design and width to allow for Dassage of trucks and necessary
tumin¢ movements.
jel All loadipy spaces and apron pa~PC or maneuverin¢ areas shall be paved.
[Section 25-75. Location o[ required off-street parking and loading spaces. The ofF street
parking and loading spaces required in this division shall be ?ocated on the building site to which they are
appurtenant but parking spaces may be located on other lots within five hundred feet of the nearest point
of said building site and approved by the director and if a permanent eazement to permit same is made a
matter of public record.]
Sectiom [25-76.J 25-4-59.1. [Determination) Director determination of parking and loading
[space by director.[ ~uirements.
(a) The director may increaze any of the requirements in this [division under plan approval only]
~pjer for p~rking~paces and loadin~soaces. after reviewing the proposed use and [its] the use's impact
to the immediate area [and making]. if the director makes a finding that the increase will further the
public safety, convenience, and welfare.
(b) In case there is any doubt as to the requirements for parking or loading [space] snaces for
any use not specifically mentioned, or for any other reason, the director shall make such determination.
ZONING CODE REVISION-Rartgayar wnlon
77 DRAFT ?ANO
[(c) In computing the number of parking spaces required, fractions of one-half or (or .5) and
over shall be rounded to the next highest whole number.]
(Section 25-77.] 25-4=59.2. (Exception] Exceptions to ~g off-street parking and loadin¢
(regulations; downtown Hilo.] ):gguirements. The [supplementary] off-street parking [regulations]
and loading regkirements of this [division] chapter shall not apply to the followin¢:
jq? [that] ThsiS area in the City of Hilo, bounded by Kinoole Street, Ponahawai Street, an
imaginary sVaight line extension of Ponahawai Street into Hilo Bay and Wailuku River.
[Section 25-78. Exception to off-street parking regulations; Kainaliu, Kona. The
supplementary off-sVeet parking regulations of this division shall not apply to those areas]
(b) That area immediately fronting either side of that portion of the Hawaii Belt Highway which
runs from [Jupiter Cleaners and Laundry to Kona Towing Service,] the real ps~erty desiepated as tax
man key no• 7-9-7:66 to the real prope~(r
y
d~gienated as tax map key no: 7-9-9:22. in Kainaliu, North
Kona.
Section 25-459.3. Landscapin¢ and screening for parking lots and loading, ap cgs.
(al To provide c_hade in open
parkin¢ lots and minimize visibiliri of paved surfaces. parking lot<
with mnrP than rrn p~[(ijpe stalls shall provide one canopy form tree with a minimum of two-inch caliper
for every six Darkin¢ stalls or major fraction thereof or one canopy form tree of six-inch caliper or more
for every
t~:!elvg,parking stallc_ or major fraction thereof. Each tree shall be located in a planting area
and/or tree well no less than nine square feet in area. If wheel stops are provided. continuous plantin¢
areas with low Around cover. and tree wells with trees centered at the comer of parkin4 stalls may be
located within the three-foot overhang, gpace ofof parking stalls Hedges and other landscape elements.
in I din planter boxes over six inches in height. are not permitted within the overhang space of the
ine stalls Trees shall be sited so as to evenly distribute shade throughout the narking lot.
(bl Parkin¢ lot< of five or more spices shall be screened from adioinin~ lots in RS. RD. RM.
RCX or A districts by walls. continuous screenin¢ hedges. or earth berths a minimum Df forty-two
inches high on the abutting propgBy line.
(c 1 All loadin~acec shall be screened from adjoining lots in RS. RD. RM. RCX or RA
districts by a wall six feet in height.
(~,l Xeriscgpe and native Hawaiian plant enemies shall be encoura¢ed.
(el All IandccapjDp shall be maintained by the prop~y owner.
(Division 12.] Division 6. Nonconforming Usa[,J ttLLtl Buildings (and Land.].
Section (25-79.J 25-4-60. Nonconforming [uses; regulations and requiremenb.( buildino,:
ptaintenance and renair•
ZONING CODE REVISION•Ramsayx w~fbn
78 DRAFT 7/!NC
(a) Any nonconforming building, except as otherwise regulated, may be repaired, maintained, or
enlarged provided that any enlargement or addition shall conform in every respect to the regulations for
the district in which i[ is located.
(b) [f the portion of the building that is non-conforming should be destroyed [to the extent of
fifty percent or more of its replacement value,] it may [not] Q.p]y be rebuilt [and the remainder of that
particular nonconforming portion shall be removed or brought into conformity. [f the destruction is less
than fifty percent of its replacement value then the destroyed portion may be rebuilt to equal the floor
area before the destruction.] in compliance with all of the requirements under the Countv building code
for reconstruction and repair of nonconforming buildi~s [The department of public works shall
determine the extent of damage to determine whether the building can be rebuilt to its non-conforming
use.]
Section 25-461. Continuance of nonconforming uses of land and buildings.
[(c)] ~ Any nonconforming use of land or use of a building may continue to the extent it
existed at the time of adoption of this chapter or any amendments hereto, provided [that:] ~ [(1) A] i1
nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or
increased tD 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],
f~] [public] public buildings, public or private power and telephone facilities including offices
and plants existing prior to May 24, 1967 may be enlarged or increased to occupy a greater area of land
or building[.] notwithstanding the limitations contained in this section
Cection 2+-462 Abandonment of nonconrorminq use
[(2)] If any nonconforming use ceases for any reason for a continuous period of twelve
calendaz months, or for one season if the use be seasonal, then such use shall not be resumed and any use
of the land or building or both thereafter shall be in full conformity with the provisions of this chapter.
C4~tion 2S "-63 Destrection of buildinE with nonconforming nse.
[(3)] If the portion of any building within which a nonconforming use is conducted
should be destroyed or damaged by any means to an extent equivalent to at least fifty percent of its
replacement value, exclusive of foundations, then such damaged or destroyed portion may not be
restored unless the use of the building is changed to a conforming use; but if the damage or deswction is
less than fifty percent of its replacement value, exclusive of foundation, then the building may be
restored and such use may be resumed as it existed, provided that such restoration shall be completed
within one year from the date of such damage or destruction. The department of public works shall
20NING CODE REVISION-Rrn~syar wnbn
79 DRAFr verve
determine the extent of damage to determine whether the building may be restored and resume its
existing nonconforming use.
Section 25-4-64. Maintenance of buildinP with nonconforming use.
[(4)] Any building within which a nonconforming use is conducted may be maintained
and repaired to the extent necessary to keep it in sound condition provided the work shall not exceed
twenty-five percent of the current replacement value of such building in any one calendar year as
determined by the department of public works.
Section 25-465 Fxnanaion of nonconforminE use• chanPes to buildinP with
nonconforming use.
. [(5)] If a use of a building is nonconforming because of a particular requirement of the
district within which it is located (e.g., parking, yards, height, distance between buildings), then the use
may be enlarged and the building may be changed or added to, provided such enlargement, change or
addition is itself in full compliance with the district regulations.
20NING CODE REVISION•Ramwyer vasbn
8Q DRAFT 7/!NO
Article 5 ZoninE District RePulations
[Article 4.( Division 1. RS, Single-Family Residential Districts.
Section [25-118.[ 25-5_l. Purpose and applicability. The RS (single-family residential)
district provides for lower or low and medium density residential [area,] use. for urban and suburban
family life. It applies to areas having facilities, and to carry out the above stated purpose.
Section [25-119.J 25-5-Z. Designation of RS districts. Each RS (single-family residential)
district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies
the required minimum building site area in thousands of square feet.
Section (25-120.[ ZS-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS [districts:] district:
[(1) Single-family dwellings.
(2) Golf courses where the edge of a tee or green is not closer than one hundred feet to
any property line.
(3) Country clubs and golf club houses where no structure or activity area such as pools
and games, is located closer than two hundred feet to any property line.
(4) Neighborhood parks, playgrounds, tennis courts, wading pools, and similar
neighborhood recreational areas and uses.
(5) Growing and gathering of crops, fruits, vegetables, flowers, trees, and other plants
provided no separate building for retail outlet is constructed.
(6) Home occupations.
(7) Family care and family boarding homes.
(8) Buildings and uses normally considered directly accessory to the above permitted
uses.]
1 Adult day care homes.
(1,1 Cemeteries aid mausoleums as permitted under chapter 6. article l of this code.
Community b Diu IdinQs. as permitted under section 25-4-I 1.
(4) CroQproduction.
Dwellings. single-family.
F. amily child care homes.
(T Golf club houses and countrv~ubs where no structure or activity area such as p~
and Q~rs is located closer than two hundred feet to anv pro~rtV line.
(81 Golf course maintenance buildin¢s.
(Ql Golf courses and Qolf driving rang provided that the edge of a tee or green is not
rloser than one hundred feet to anv ~p~rty line.
20NING CODE REVISION-Ramwy~r wrtbn
H 1 DRAFr ?/BNG
(J Ol Group living facilities.
(~Il Home occupations. as permitted under section 25-4-13.
(J21 Meeting facilities.
(j}) Model homes. as permitted under section 25-4-8.
(141 Neighborhood pgrks. playgrounds. tennis courts. swimming~ools. and similar
neiPhborhood recreational areas and uses.
(1$1 Public uses and structures. as permitted under section 25-4-11.
(161 Telecommunication antennas. as permitted under section 25-4-12.
! I ~i TPmp~n~ real estate offices. as permitted under section 25-4-8.
(]$1 Utjljsy s~~hsrarinns, as permitted under section 25-4-11.
(bl (n addition to those uses permitted under subsection (al above. the following uses shall be
permitted in the RS district p1QVided that a use permit is issued for each use:
f I i Rrri and breakfast establishments as permitted under section 25-4-7.
(21 Care homes.
L3~ Churches. teptples and synagogues.
(41 Crematoriums.
(Sl Dav care centers.
(61 Hospuals. sanitariums. old age- convalescent. nursingand rest homes.
[Z] A".aior outdoor amusement and recreation facilities.
($1 Mortuaries.
(Q) Schools.
(lOlYacht harbors and boating facilities.
(~l Buildin¢c and uses norrnal]y considered direct]y accessory to the uses permitted in this
section shall also kgpermitted in the RS district.
Section [25-121.] 25-5-4. Height [limits.] The height [IimitsJ Jjmu in the RS district
shall be thirty-five feet.
Section [25-122.] 25-5-5. Minimum building site [areas.] grg>t. [No RS district shall be
designated as having a] ~g minimum building site area [of less than] in the RS district shall be seven
thousand five hundred square feet[, except as provided in articles 2l (Planned Unit Development) and
22 (Cluster Plan Development).],
Section [25-123.] ZS-5-6. Minimum building site average width. Each building site in [an]
~ RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred
square feet of required building site area in excess of seven thousand five hundred square feet, except
that no building site shall be required to have an average width of more than one hundred fifty feet.
8,2 ZONING COOE RENSION-RanuRayAar
Section [25-124.] 25=5-7. Minimum yards.
(a) The minimum [yard requirements) Y~.S in (an] j]Ig RS district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square feet to
and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet[.] for a one story building, and ten feet for atwo-story
bulldme.
(2) On a building site with a required area of ten thousand square feet to and including
nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet[.] for a one story buildingplus one additional foot for
each additional story.
(3) On a building site with a required area of twenty thousand square feet or more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yazds, fifteen feet.
Section [25-125.) 25=5-8. Other regulations.
(a) There may be more than one single-family dwelling on each building site in an RS district
provided there is not less than the required minimum building site area for each dwelling.
(bl_One QI~PCt house in addition to a sing) -family dwelling. may be located on anv building, ite
in the RS district.
[(b)] If a legal building site in [any] lha RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in the RS district having
the largest requirements for which the building site can comply.
[(c) The required off-street parking in an RS district shall be in a garage or carport or in a
location where it would be permissible to erect a structure to cover such space.]
(dl Exceptions to the re~~lationc for the RS district reQardinQ hyights_ building site areas.
J~
Ii~ildipY cite aver,~e widths and vards may be approved by the director within a planned unit
development cluc_ter plan development or p~ject district.
(Article S.J Division 2. RD, Double-Family Residential DistricU.
Section [25-126.] 25-5-20. Purpose and applicability. The [double-family residential or] RD
(double-family residential) district provides for moderate density [areas] y5g characterized by the
establishment of single- or double-family dwellings on each building site. It applies to areas with
developed community facilities. It may occupy a transitional area between RS districts and those
districts having a more intense use of land.
20NING CODE REVISION-R~mYyar wnlon
83 oRnFr vaiao
Section [25-127.] 25-5-21. Designation and density of RD districts. Each [double-family
residential district] RD (double-family residential districts shall be designated on the zoning map by the
symbol "RD" followed by the number "3.75" which requires that the minimum land area for each
dwelling unit shall be three thousand seven hundred fifty square feet.
Section [25-128.] 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD [districts:] dj$trjCt:
[(1) Same as the permitted uses in RS districts.]
(11 Adult daycare homes.
!7~ Re~i end brea4fact stablishments as permitted under section 25-4-7.
('emeteries and mausoleums ac permitted under chapter 6 article I of this code
~ (41 Community~uildingg as permitted under section 25-4-I 1.
(1 rop~roduction.
[(2)] j41 [Duplex or double-family dwellings.] Dwellings. double-family or duplex.
(71 Dwellings. single-family.
(81 Family child care homes.
(91 Golf club houses and country clubs where no structure or activity such as pools and
oFmPS ~s located clorer than two hundred feet to any property line.
f 101 Golf course maintenance building
(1 11 Golf courses and golf driving rangg~provided that the edge of a tee or green is not
closer than one hundred feet to any DLpg~y line.
{l 1 ro ~p living facilities.
(J 31 Home occupations. as permitted under section 25-4-13.
(1,41 Meeting facilities.
(151 h"odel homes. as pgrtnitted under section 25-4-8.
(161 Nei¢hborhood par- ks- p]w_gronnds. tennis courts. swimmingpools_ and similar
neichborhood recreational areas and uses.
(171 Public aces and structures, as cermitted under section 25-4-1 I .
j181 Telecommunic-tion antennae ac permitted under section 25-4-12.
L191 Temnorarv real estate offs c a cermitted under section 25-4-8.
(ZOl Utili[y,~ybctationc ac permitted under section 25-4-1 1.
(b) In addition to those uses p-rmitted under subsection (al above_ the followin¢ us?s c_hall be
permitted in the RD dictriei(,,-provided that a use cermit is issued for each use:
(jl Care homes.
f?) h ~r h temples and synagogues.
20NING CODE REVISION-R~msayx wroWn
DRAFT 7/lIDB
Crematoriums.
(4) Dav care centers
(.5.) Hospitals sanitariums old age convalescent nursing and rest homes
(6) Major outdoor amusement and recreation facilities
(1] Mortuaries.
(8) Schools.
(9) Yacht harbors and boating facilities.
(F) Buildings and uses normally considered directly accessory to the uses permitted under this
section shall also be permitted in the RD district.
Section (25-129.] ZS-5=23. Height (limits.] Jimit. The height (limits] ]j~i1 in the RD [districts]
district shall,be [the same as the height limits in RS districts.] thi -rye feet.
Section [25-130.] -24 Minimum building site area (or lot size]. The minimum building
site area [or lot size] in [an] jjlg RD district shall be seven thousand five hundred square feet.
Section [25-131.] 25-5-25. Minimum building site average width. [The minimum building
site average width requirements in the RD district shall be the same as the minimum building site
average width in RS districts.] F.ach building site in the RD district shall have a minimum average width
of ix feet. py,ls rivo feet for each five hundred sauare feet of rea~ired building site area in excess of
seven thousand five hundred cggare feet. except that no building site shall 6e required to have an average
width of more than one hundred fifty feet.
Section (25-132.] 25-5-26. Minimum yards. [The minimum yard requirements in the RD
district shall be the same as the minimum yard requirements in RS districts.]
The minimum yards in the Rf~ district shall be as followc•
f 1) On a building site with a required area of seven thousand five hundred sauare feet to
and including,nine thous-nd nine hundred ninety-nine square feet:
Front and rear yards. fifteen feet: and
(j}) Side vards eight feet for a one story building. and ten feet for atwo-story
buildine.
j2) On a building cite with a required area often thousand square feet to and including
nineteen thousand nine hundred ninety-nine square feet:
Front and rear yards. twenh feet: and
(f}) Cide vards ten feet for a one story building. plus one additional foot for
each additional story.
On a buildine cite with a required area of twenty thousand sG,yare feet or more'
(A) Front and rear vards. twenty-five feet: and
ZONING COOE RE~/ISION•(Lmsysr version
85 DRAFT veroa
(Bl Side yards, fifteen feet.
Section [25-133.] 25_5_27. Other regulations.
(a) There may be more than one double-family dwelling or more than two single-family
dwellings or any combination thereof on each [RD-designated] building site[;] in the RD district:
provided that the minimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure on the
same building site in [an] lbg RD district.
[(c) Location of required off-street parking shall be the same as specified for RS districts.]
(~1 Plan~poroval chall be reouired for all new buildjpgs and additions to existing 'dings in
the RD distr4cti
(dl Fxceptionc to the regulations for the RD district regarding heights. building site areas.
b iu Iding cite averapg widths and_vardc may be approved by the director within a planned unit
development or project district.
[ Article 6.] Division 3. RM, Multiple-Family Residential Districts.
Section [25-134,] 25-5-30• Purpose snd applicability. The RM (multiple-family residential)
district provides for medium and high density residential use. It covers areas with full community
facilities and services. It may occupy transition areas between commercial or industrial areas and other
disVicts of less intense land use.
Section [25-135.] 25-5-31• Designation and density of RM districts.
(a) Each RM (multiple-family residential) disVict shall be designated on the zoning map by the
symbol "RM" followed by a number which [shall indicate] indicates the required land area, in thousands
of square feet, for each dwelling unit or for each 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, two beds shall be equivalent to one
separate rentable unit for purposes related to the required land area in lh~ RM [disVicts.] district.
(c) The maximum density designation in [an] Shg RM district shall be .75 [which means] ~
seven hundred fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In [an] ih~ RM district the following density designations shall be used:.75, I, I.S, 2, 2.5, 3,
3.5, 4 and upward in 0.5 increments.
Section [25-136.] 25-5-32. Permitted uses.
(a) The following uses shall be permitted in ~ RM (districts:] district:
[(1) Same as permitted uses in RS and RD districts.
(2) Boarding, rooming, or lodging houses.
(3) Clubs, lodges, social orders, and fraternal organizations.
ZONING COOE NEVISION-RamsaYM version
86 owu:r ~eroc
(4) Apartments.
(5) Incidental and subordinate commercial or personal service uses on a small scale, as
approved by the director, provided that the total gross floor area does not exceed 1,200 square feet and a
maximum of five (5) employees.
(6) Bed and breakfast establishment.
(7) Buildings and uses normally considered directly accessory to the above permitted
uses.]
(I l Adult day care homes.
!71 Bed and breakfast establishments as permitted under section 25-4-7
('t) Boarding facilities. roominE or IodginE houses.
(41 C'emeteriec and mausoleums as Dermitted under_cha_pter 6 article I of this code
(51 Commercial or personal service uses on a small scale as approved by the director
provided that the total ernes floor area does not exceed one thousand two hundred square fee[ and a
maximum of five employees.
j6l Communi(y~uildines. as permitted under section 25-4-1 I.
(7l Crop~roduction.
DwellinQs_ double-family or duplex.
(9l Dwellinec, mutt'ple-family.
(101 Dwellineg. sine~e-family.
(]J 1 Colf club houses and countQ~ clubs where no structure or activity such as Dools and
ernes is located closer than Rvo hundred feet to any propgQy line.
(~71 Golfrn~rsemaintenancebuildin¢s.
(131 Golf courses and golf drivine,raneg~provided that ttie edge of a tee or green is not
closer than one hundred feet to any Drooertv line.
jj4l Fami?y child care homes.
(1 1 ro ~RJivine facilities.
6l Home occuoationc ~pPrmitted under section 25-4-13.
(171 Mee[inefacilities.
jl$l M1"adel homes as Dermitted under section ~5-4-8.
(191 iveiehborhood Parke olayyrnundc tennis courts swimmin¢ Dools. and similar
nr' hborhood recreational areas and uses
(701 Public uses and structures as permitted under section 25-4-1 I
(711 Telecommunication antennas. as nPrmitted under section 25-4-12.
(221 Temoorpfy real estate office<. ac ~ rmitted under «ction 25-4-5.
ZONING GODE tiEVIS10N•Rartuayx raison
87 DHAFr bdBY
(2 it Time hare units situated in any of the following;
(Al Areas designated as resort under the ,general pj~n land use pattern allocation
p,5rjde (LUPAGI maD.
(Bl Areac determined bathe director to be within resort areas identified by the
general plan land use element except for retreat resort areas
(C 1 Areas determined for such use by the council. by resolution
(~41 Utili(y_<ubstations. as permitted under section 25-4-I 1
(¢l In addition to those uses permitted under subsection (al above the followir~tses shall be
permitted in the RAC district ,provided that a use permit is issued for each use:
(11 Care homes.
. (21 Churches. temples and synagoeues•
Crematoriums.
(41 DaKcare centers.
(1 Hocpitals. sanitariums. old ae4. convalescent. nursing and rest homes.
(61 Maior outdoor amusement and recreation facilities.
Ill Mortuaries.
($1 Schools.
(91 Yacht harhors and boating facilities.
~l Buildine< and usec normally ion<idered directly accessorv to the use oermitted in thi<
«~tion shall also be mermitted in the RM district.
Section (25-137.J 25-5-33. Height [Iimits.J Jj~l,
(a) In areas in the County [other than] outside of the City of Hilo, the height [limiu] Jam( in ~g
RM [districts] district shall be forty-five feet.
(b) In the City of Hilo, (a height of] the hejQht limit in the RM district shall be one hundred
twenty feet [may be permitted in RM districts].
Section [25-138.J 25-5-34. Minimum building site area. [Each] Eag minimum building site in
[an] 1114 RM district shall [contain a minimum ot] be seven thousand five hundred square feet.
Section [25-139.J 25-5-35. Minimum building site average width. Each building site in [an]
1114 RM district shall have a minimum average width of sixty feet.
Section (25-140.[ 25_5-36• Minimum yards. Minimum yards in [an] ~4 RM district shall be as
follows:
(1) Front and rear yards[:], twenty feet[.];~tld
(2) Side yards[:],,gjpht feet for 8 one story building, [eight feet] plus an additional two
feet for each additional story [permitted].
ZONING COOE REVISION•Ramtayar wnbn
88 Drug zreroo
Section 25-5-37. Landscaping. Landscaping.shall be provided on a minimum of twenty
percent of the total land area of any building site in the RM district. Parking areas shall not be included
within the area req~lired for IandscaQSg on anv building site.
Section [25-141.[ 25_5_38. Other regulations.
(a) There may be more than one main building on any building site in [an)1~ RM district.
(b) Distance between buildings on the same building site in [an] Shy RM district shall be at least
fifteen feet.
(c) Plan approval (is] shall be required [ofJ ~ all [uses and] rlew buildings and additions to
existing buildings in [an] S~ RM district.
(d1~xFgptions to the ~pulationc for [he RM district regardingjg,:ghts building cite areas
building site average widths and yards. may be approved by the director within a planned unit
development or project district.
Division 4 RCX. Residential-Commercial Mixed Use Districts.
Section 25-5-40 Purpose and applicability. The RCX (lesidential-commercial mixed usel
dictri t provides for the mixing of some small-scale service tvoe commercial uses in a district that is
Qrima[jjZ' residential in character- The intent of this district is to allow a residential area to have certain
convenience Noe of commercial uses so as to provide more of a neighborhood character to the
residential area.
Section 25-5-41. Desigr~tion and densiri~ of RCX districts.
Farh R X (residential-commercial mixed use) district shall be designated on the zoning map
¢y the symbol "RCX" followed by a number which indicates the required land area. in thousands of
@quare feet for each dwellingsmit or for each separate rentable unit in the case of boarding. rooming. or
]pl]¢ine houses fraternity or sorority houses. or for each commercial unit.
(b) In case anv of the yprmitted asps have dormitories two beds chat) be equivalent to one
ggparate rentable unit for yrnocec related to the required land area in the RCX district.
(~l The maximum density desigpation in the RCX district shall be .75 which means c_even
hundred fifty wuare feet of land area per dwelling unit or separate rentable unit.
In the RCX district the following density designations shall be used:.75. 1- 1.5.2. 2.5. 3.
3 5 4 and uQward in 0.5 increments.
Section 25-S-d2 Permitted ~.cs
(al The following, ices
cL_
_ -hall be Qermitted in the RCX district:
[L1 Adult day care homes.
Bed and breakfast ectablishmentc ac permitted under section 25-4-7.
("tl Boarding,facilitiec- roaming. or lodging houses.
ZONING CODE REVISION-R~rru~yx verobn
89 DR,ur veAe
(4) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code
(5) Churches. temples and synagogues.
(C) Commercial or Rersonal service uses on a small scale as approved l2Y the director
Community buildings. a~permitted under section 25-4-I I.
(8) Convenience stores.
(9) Crop production.
(j,0) Dav care centers.
(Il) Dwellings.double-family or duplex.
(12) Dwellings multipJ,s-family.
:g,- (]3) Dwellings. single-family.
..{J4) Family child care homes.
(t~) Golf club houses and country clubs where no structure or activirv such as pools and
games is located closer than two hundred feet to any proper line.
(16) Golf course maintenance building„
(J 7) Golf courses and golf driving raneegprovided that the edge of a tee or green is not
~locer than one hundred feet to any property line
(18) Group Iivjpg facilities.
(]9) Home occupations. as pgpnitted under section 25-4~.
(20) Medical clinics.
(21) Meeting facilities.
(22) Model homes as permitted under section 25-4-8.
(23) Neighborhood p ra ks. pjavoroundc tennis courts swimming pools. and similar
~e~ohborhood recreational areas and uses.
(24) Public uses and structures as permitted under section 25-4-I1.
(~5) Restaurants. including take-out restaurants.
(26) Schools.
(17) Telecommunication antennac_ ac permitted under section 25-4-I2.
(28) Utility c~ 6stationc as permitted under section 2S-4-I 1
In addition to those aces permitted under c ~bcection (a) above. the following uses shall be
permitted in the RCX district provided [hat a use permit is issued for each ace:
(I) Care homes.
(2) Crematoriums.
(3) HQgpitals sanitariums old age" "^^va!escent. nursing and rest homes.
(4) Maior outdoor amusement and recreation facilities.
20NING CODE REVISION•Rameeyx wnlofl
9O ORAFT veroo
(51 Mortuaries.
(61 Yacht harbors and boa(j~g facilities
(p] Buildings and uses normally considered directly accessory to the above uses shall also be
permitted in the RCX district.
Section 25-5-43 Height limit The height limit in the RCX district shall be forty-five feet
Section 25-5-44 Minimum building site area The minimum building site area in the RCX
district shall be seven thousand five hundred spuare feet.
Section 25-5-45 Minimum building site average width Each building site in the RCX
district shall have a minimum averagg width of sixty feet.
Section 25-5-46 Minimum yards, Minimum yards in the RCX district shall be as follows:
(,I l Front and rear yards: twenty feet: and
(21 Side yards ~ht feet for a one story building. plus an additional two feet for each
additional story.
Section 25-5-47 Landscaping. Landscapine shall be provided Gn a minimum of twenty
percent of the total land area of any building site in the RCX district. Parking areas shall not be included
within the area required for landscaping on any buildine site.
$P~tion 25-S~t8 Commercial nse restrictions.
(al Where commercial uses are integrated with residential uses in the RCX district. pedestrian
attest to the dwelling shall be ind~pPndent from other uses and shall be designed to enhance privacy for
residents.
Qll No floor of any building in the RCX district shall be used for both dwelling and commercial
RJ1C1L
S-
$«~tion 25-5-49. Other regulations.
(al There may be more than one main building ~n any b ~ildi y site in the RCX district.
(bl Distance beriveen buildings on the same building site in the RCX district shall be at least
fifteen feet.
Plan royal shall be Igquired for all new buildings and additions to existine buildings in
the RCX district.
(dl Exceptions to the reenla[ionc for the RCX district regarding heights. building cite areas.
b ~i~ Iding cite average widths and yards may be approved by the director within a planned unit
development or pLgiect district.
(Article 7.[ Division 5. RA, Residential and Agricultural Districts.
Section [25-142.[ 25-5-50• Purpose and applicability. The RA (residential and agricultural)
district provides for a~t~vities or uses characterized by low density [large lot suburban or rural areas
ZONING CODE REVISION•RamNym vanbn
9 ] ORAFT 7/MDY
where the principal use is residential mixed with compatible agricultural uses. [t may be characterized
by residential estates, small farms, or subsistence lots.] residential lots in rural areas where "city- like„
concentrations of p~p~ ctn!cturec streets and urban level of services are absent and where mall
farms are intermixed with low density residential lots The RA district is intended to he Holy within
areas designated as being in the state land use rural or urban districts
Section [25-143.j 25-5-51. Designation of RA districts. Each RA (residential and agricultural)
district shall be designated on the zoning map by the symbol "RA" followed by a number and the lower
case letter "a" which [shall indicate] indicates the required or minimum number of acres [per] for each
building site. For example RA-la means a residential agricultural district with a minimum building site
area of one acre:
Section (25-144.j ZS-5-52. Permitted uses.
(a) The following uses shall be permitted in j]lg RA [districts:] district:
[(1) One single-family dwelling per building site.
(2) Botanical gardens, nurseries and green houses, seed fauns, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of plants.
(3) Truck gardening, crop, bush and Vee farming, and all forms of plant agriculture.
(4) Except for cooking and canning, any physical processing, storage and sale Gf plant
products produced on the premises; provided that the site or buildings used for such processing, storage
or sale shall be located at least seventy-five feet from any sVeet bounding the property.
(5) The raising or keeping of animals, except pigs, for home use or for sale elsewhere,
provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, coital, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall be located at least sixty feet from
any residence. In case the adjoining lot is vacant and subsequently a residence is built on that lot, the
animal enclosure shall be moved to conform to this requirement.
(6) The raising and keeping of pigs, provided that:
(A) The requirements of the deparUnent of health are met;
(B) It is consistent with the development character of the neighborhood;
(C) The parcel of land contains three or more acres; and
(D) Any building or enclosure for the keeping of pigs be at least sixty feet from
any property line.
92 ZONING CODE REVISION-Ra
(7) Golf courses, country clubs, swimming parks, tennis clubs and courts, and other
similar recreational uses.
(8) Public parks, public playground, and other similar public recreational areas that are
essentially open lands.
(9) Home occupations.
(10) Commercial or boarding stables, when on a parcel of land containing at least five
acres.
(l 1) Private clubs, lodges, hunting and fishing lodges, and fraternal and social orders.
(l2) Guest or resort ranches.
(13) Airfields, heliports and private landing sVips.
(14) Driving ranges, drive-in theaters, stadiums, sports arenas, and other similar open air
recreational uses.
(15) Veterinarian's office, clinic or animal hospital involving in-patient boarding only.
(l6) Aquacultureactivity.
(17) Subject to the approval by the director, buildings and uses accessory to the above
permitted uses.]
(11 Adult day care homes.
(2) A¢ricultural ~pducts processing minor. provided that the site or building used for
such processing, shall be located at least seventy-five feet from any street boundin¢ the Drooertv.
(31 Animal quarantine stations.
(4) AQuaculture.
Botanical gardens nurseries and green houses. seed farms. plant experimental
<<ations arboretums floriculture and similar uses dealing with the growing of Dlants.
[6) Cemeteries and mausoleums. as permitted under chanter 6. article I of this code.
(7) Crop Droduction.
(g) Dwelljpe. cin¢le-family. one ppr building site.
(9) Familxchild care homes.
(]0) Golf club houses.
(1 ll C'olfcource maintenance buildi~c
(j~) Golf courses and golf drivin¢ ranges.
(131 roue living facilities.
(14) Kennels provided that the building <ite is a minimum of five acres in area and the
ctru~tures are located at least one hundred feet away from anv lot line.
(j$) iv cto~prod I lion (x I dine pie<). provided that:
ZONING CODE REVISION-R~mNyer venim
93 oRnFrzrerea
(Al The requirements of the dQpartmen[ of health are met:
(Bl Approval of the director is obtained: and
( 1 Any feed or water area calf lick coital run barn shed crahiP t,,,,,c
hutch. or other enclosure for the keeping of any permitted animal shall be located at least seventy-five
feet from lot line.
(1Cl Public and private parks. pl~,vgrounds. and other similar public recreational areas
that are essentiallx2pen lands.
(171 Public uses and structures. as permitted under section 25-4-I I.
(181 Roadside stands for the sale of agricultural products gtown on the premises
{j91 Stables. commercial or boarding provided that the building site is a minimum of
five acres inarea and the structures are located at least one hundred feet awav from any lot line.
(201 Swimming parks, tennis clubs and courts. and other similar outdoor recreational
uses.
(211 Telecommunication; antennas. as permitted under section 25-4-12.
.(22) Utility substations. as permitted under section 25-4-I 1.
(231 Veterinarian's offices. clinics or animal hospitals involving in-patient boarding and
out-patient services.
(b) The following,~tses shall be permitted in the RA district. provided that if a building site is
located within the state land use rural district. the followingylses ma~~permitted if a special p rmi[ is
obtained for such use:
(Il Bed and breakfast establishments. as permitted under section 25-4-7.
(21 Communi[y buildings. as permitted under section 25-4-t 1.
(~l aunt ~ clubs, tennis clubs and other similar recreational facilities which include
buildings or indoor recreational features.
(41 Drive-in theaters.
(51 Guest or resort ranches.
(61 Home occupations. as permitted under section 25-4-]3.
(71 Lodes.
{81 Meeting facilities.
(Q) Model homes. as permitted under section 25-4-8.
(101 Temporary real estate offices. as cermitted under section 25-4-8.
(I I1 Uses. other than those specifically listed in this section. which meet the standards
for a cpgcial permit under chapter 205. Hawaii Revised Statutes.
ZONING CODE REVISION•R~msaysr vanbn
94 pRnFr yerota
(cl The following uses may be permitted in the RA distric(,yrovided that either a use permit is
issued for each use if the buildingsite is within the state land use urban district or a gpecial permit is
issued for each uce if the building site is within the date land uce rural district
(y Crematoriums.
f21 Churches- temples and sLnagogues.
(31 Dav care centers.
(41 Hogpitalc sanitariums old age convalescent nursing and rest homes
(,~l Maior outdoor amusement and recreation facilities. includes stadiums- snorts
arenas. and other similar open air recreational uses.
(61 Mortuaries.
(71 Schools.
(81 Yacht harbors and boating facilities.
(sjl Buildinoc and usec accessorv to the uses permitted in this section shall also be permitted in
the RA district.
(gl ('finder cone excavation- non-commercial for cinder cones having a height of fifty feet or
more above the average height of the surrounding terrain. shall beAermitted in the RA district. provided
that a use~ermit is is ued far the use.
Section [25-145.[ 25-5-53. Height [limits.[ lj~ta The height [limits] ]jm1L in 1~ RA [districts]
district shall be thirty-five feet.
Section [25-146.[ 25-5-54. Minimum building site area. The minimum building site area [to
be designated for any] in the RA district shall be one-half acre[; other], RA districts having larger areas
may be designated in increments of one-half acre up to a recommended maximum of three acres. This
recommended maximum does not specify an absolute upper limit[.] for any bull ' site in the RA
district.
Section [25-147.[ 25-5-55. Minimum building site average width. Each building site in the
RA district [must] steal( have a minimum average width of one hundred feet for the [initial] fitSS one-half
acre of required area, plus twenty feet for each additional one-half acre of required area; provided that no
building site shall be required to have an average width greater than three hundred feet.
Section [25-148.[ 25-5-56. Minimum yards. [(a)] Minimum yards in ~g RA [districts] district
shall be as follows:
(I) Front and rear yards[:], twenty-five feet[.];-apd
(2) Side yards[:], fifteen feet.
ZONING CODE REVISION-RamNym venbn
95 oanFr veree
Section [25-149.[ 25_5-57. Other regulations. [If any legal building site in any RA district has
an area less than one-half acre, then the yard and height requirements for the building site shall be the
same as in the RS districts.]
(al If an~l~g~l building site in the RA district has an area less than one-half acre. then the yard
and height reauirem~nts for the building site shall be the same as the yard requirements for the RS
district.
(bl xceptions to the regulations for the RA district re rga dine heights. building site areas.
building~ite averaee widths and yards. may be approved by the director within a planned unit
development pursuant to article 6 division I of this chanter
Division 6. FA. Family Agricultural Districts.
Cection 25-5-60 Pu~oae and apnlicabilih. The FA (Family Agricultural) district provides
f~ a hle ~ of II_c~al~-ggricultural opgrations associated with residential activities and which may
be characterized by farm estates small acreage farms, or subsistence lots The FA district is intended to
be ~n areas designated as being within the state land use agricultural district. where public services and
infrastructure arg~porooriate to support the very low density residential needs of a rural community and
where snl.efnnt~ol mimher of nareelc are Iecs than five acres in size. and where a mix of usec_ will not
~onFlict with or be detrimental to existing~gricultural uses in the surrounding area.
In addition this district is intended to be primarily comprised of agricultural lands which are not
classified as A or B lands under the land study bureau's master productivity rating. and classified as
prim ~ujque or other important agricultural lands. Provided that this district may include lands so
Ala sifted if the lands are situated within an urban expansion or other urban designation under the ev, petal
n land egg-pattern allocation g~~ide (LUPAGI man.
Cection 2r+-S-61 D~gjpnation of FA districts. Each FA (family agricultural) district shall be
designated on the zonin¢ man
b~th~gr^bol "FA" followed by a number and the lower case letter "a"
which indicates the req~~~red number of acres for each building cite. For examo!e. FA-la means a
residential agrlc~~ltural district with a minimum building site area of one acre.
Cection 25-5-62 Permittea uses
{..1 The following ~ es
sy~,hall be permitted in FA districts:
{Il Agricultural parks.
{21 Aericultural products ptQceccing minor. provided that the area or buildin¢s used
for each processing, shall be located at least seventy-five feet from any street.
{31 Animal quarantine stations.
Aquaculture.
20NING CODE REVISION-R~nueyx vsnion
96 oRnFr aro~oo
(5) Botanical_gardens nurseries and Breen houses seed farms pint experimental
stations. arboretums. floriculture. and similar uses dealing with the erowin¢ of pints.
(6) Campgrounds parks playgrounds tennis courts swimminpyools and other
similar open area recreational facilities where none of the recreational features are entirely enclosed in a
building.
(7) CroRproduction.
(8) Cemeteries and mausoleums as Dermitted under chanter 6 article I of this code
(9) Dwelling single-fa ' v. as Dennitted under chapter 205. Hawaii Revised Statutes.
as amended.
(10) Farm Dwelling.
(].j) Forestry.
(12) Game and fish ptapaeation.
(131 Golf club houses.
(14) Golf maintenance buildings.
(15) Golf courses and ~If driving ranges.
(16) ro p livingfacilities.
(17) Kennels.
(18) Livectocjs,,grazing;_,orovided that anyjeed or water area. salt lick. corral. run. bam.
<hed stable houce hutch or other enclosure for the keeping of anv permitted animals shall be located at
least seventy-five feet from anv lot line.
(j~) Public and rival park< p~Qromnds. and other similar public recreational areas
that are essentially pogo lands.
(Z,Q) Public aces and structures. necessary for agricultural practices.
1) Retention restoration rehabilitation or improvement of buildings or sites of
historic or scenic interest.
(22) Ridin~ycademies and rental or boarding is ables•
(7i) Roadside stands for the <ale of agricultural Droducts grown on the premises.
(~4) Telecommunications antennae as permitted under section 25-4-12
(75) Utility substations permitted under section 25-4-I 1
(26) Vehicle and egyjpment <tora~e areas that are directly accessory to aauaculture.
rroD Droduction,,game and fish•prona~ation. and livestock ~razin¢.
(?7) Veterinarian's offices clinics or animal hospitals involvin¢ in-Datient boarding and
OLI_patient services.
9,7 ZONING LODE REVISION•Ramxrer wrsbn
GRAFT 28199
(b) The followingylces shall be permitted in the FA district provided that a special permit is
obtained for such use if the building cite is located within the state land use agricultural district:
(I) Adult day care homes.
!7) Bed and breakfast establishments a~permitted under section 25-4-7
j3] Community buildings as permitted under section 25-4-1 I
(4) FamilKchild care homes.
{,5) Guest ranches.
j6) Home ocrdtpationc as permitted under section 25-4-13.
(71 odg~, andyrec_erves.
j~ Meeting facilities.
. jQ) A"odel homes ag,pPrmitted under section 25-4-8.
(10) Public uses and structures other than those nece<sarv for agricultural practices. as
provided under section 25-4-I 1.
!I I1 Trmporarv r al actair nffiroc a pgrm fitted under section 25-4-8.
(~7~Ices other than those specifically listed in this section which meet the <tandards
fora pecial ~rmit under chaprP~ ~ns_ uawaii Revised Statutes.
(e) The following use< may be permitted in the FA di<trict. Drovided that either a use cermit is
issued for each ice if the buildin¢ site is outside of the state land use agricultural di<trict or a special
permit is issued for each ice if the building cite is within the state land use agricultural district:
(I) Churches temples and synagogues.
j~Lpv care centers.
(31 Hospitals sanitariums old agri, convalescent. nursing and rest homes.
(g) Mgjor outdoor amusement and m~=^a~i^-^ facilities. InClLdes stadlumS. SDOrt<
arenas and other similar open air recreational uses.
(51 Mortuaries.
(6) Schools.
(d) ('finder cone excavation non commercial for cinder cone< havin¢ a height of fifty feet or
mire ahO~e the average height of the surrounding terrain shall be permitted in the FA district provid d
that a use permit is issued for the use.
fP) Buildings and uses accescorv to the ucecyPrmitted in this eection shall also be permitted in
the FA district.
Cpction 25-5-63 Iiei~ limits The height limit in FA districts hall be thir<v-five feet for any
~eciaential structure including any <ingle family dwellineor farm dwelling and forty-five feet for alt
oth r tr ~ t ~r
ZONING CODE REVISION-RUneeyar wnbn
98 DRAFT veAu
Cession 25-5-64 Minimum building site area. The minimum building site area in the FA
district shall be one acre Other FA districts havipg,~ger areas may be designated in increments of one
acre gp to a recommended maximum of five acres
Section 25-5-65 Minimum building cite average width. Each building site in the FA district
must have a minimum averaEe width of one hundred twenty feet for the initial one acre of required area
pJ~~ h~Pnty feet for each additioml acre of tgquired area provided that no building cite shall be reg
~i~ red
to have an average width greater than three hundred feet
Section 25-5-66 Minimum yards
(a) Except as otherwis@,_provided in this section the minimum yards in the FA district shall be
thi feet for front and rearyards and twenty feet for side yards.
In the FA district accessory buildings and enclosures (other than fences under eight feet
pjgl~) for the shelter and confinement of anyJivestock shall be at least thim feet from the side and rear
property lines.
(c) A°Drooriate additional cetbacks from adiarPnt residential zoned lands may be reauired by
the director for those facilities and uses which may include more frequently used machinery and
~~oment in order to minimiyg,_potential li ling odor vector and air and water Duality impacts.
Section 25-5-67 Other regulations.
jg) If anv legal building c'rr in an FA district has an area of less than one acre then the yard and
jlg,~oht reD~rements for the building cite shall be the same as the yard and height reouirements in the RA
district.
(b) One single-family dwellin¢ or one farm dwelling shall bF„oertnitted on anv building site in
the FA district A farm dwellingjc a cjngle family dwellingjgcated on or used in connection with a farm
'f t aE~jcultural activily,provides income to the family occupying the dwellin¢.
Additional farm dwellin¢s ma~bgpermitted in the FA district only anon the followin¢
conditions:
1 A farm dwellin¢ a¢reement for each additional farm dwellin¢. on a form Dreoared by
me director shall be executed b tv+een the owner of the b~ildin¢ site anv lessee having a lease on the
buildjny site with a term exceedin¢ one vPar from the date of the farm dwellingagreement. and Lhe
(_OLn~ The aSeement shall reg~~lrP the dwelling to be aced for farm-related Durooses.
f2) The applicant shall submit an agricultural development and use program farm plan
or other et idence of the applic nt'c continual a,gricult~ral productivity or farming operation within the
Countyso the director Such plan shall also show haw the farm dwelling will be Ltilized fpr farm-related
oumoses.
ZONING CODE REVISION-Ram~eym vanbn
99 DRnFr vaes
(dl Exceptions to the regulations for the FA district regarding heights. building site areas.
building site average widths and yards. may be approved by the director within a planned unit
development.
(e) Plan approval shall be required prior to the construction or installation of any new structure
or development. or of any additional to an e~cisting structure or development which is used for minor
ggricultural products processing.
[Article 8.J Division 7. A, Agricultural Districts.
Section [25-150.[ 25-5-70. Purpose and applicability. The A (agricultural) district provides
for agricultural and very low density agriculturally-based residential use, [those rural lands suitable for
agriculture and-those suburban and rural lands having potential suitability for other uses but the time for
zoning for the other uses is not yet appropriate or facilities to accommodate the expected density are not
yet available. It applies to] encompg_ssing rural areas of good to marginal agricultural and grazing land
[or suburban or rural areas subject to] .forest land. game habitats. and areas where urbanization[, and a
higher density use.] is not found to be appro rp iate.
Sectiao [25-151.[ 25-5-71. Designation of A districts. Each A (agricultural) district shall be
designated on the zoning map by the symbol "A" followed by a number together with the lower case
letter "a" which [shall indicate] 1~LS~iCS the required or minimum number of acres [pert for each
building site ((e.g., A-IOa means an agricultural district with a required site area often acres)]. E~[
Pxample. A-IOa means an agricultural district with a minimum building site area of ten acres.
Section [25-152.j 25-5-72. Permitted uses.
[(a) The permitted uses in A districts shall be as follows:
(I) One single-family dwelling per building site.
(2) All forms of agriculture; the growing and gathering of crops, fruits, vegetables,
Flowers, trees, and other plants; the raising and keeping of animals and fowls except as limited in
paragraph (9) of this section.
(3) Country clubs, parks, playgrounds, tennis courts, and other similar recreational areas
that are essentially open lands and where none of the recreational features are entirely enclosed in a
building.
(4) Private clubs or lodges, hunting or fishing lodges, and fraternal and social orders.
(5) Trailer parks with density of three thousand five hundred square feet of land area per
trailer and with plan approval of the director.
(6) Home occupations.
1~ ZONING CODE REVISION-Ranuayer ~
(7) Dormitories and additional single-family dwellings for persons employed on the
premises when found to be necessary to the conduct of an agricultural use by the director.
(8) Public dumps.
(9) Piggeries, apiaries, and pen feeding of livestock when not closer than one thousand
feet to any major public road or to any district other than a U district on sites approved by the department
of health and the director.
(l0) Airfields, heliports, and private landing strips.
(11) Commercial fertilizer yard utilizing only manure and soil.
(12) The killing slaughtering or dressing for market of animals produced on the
premises.
(13) Fish and poultry hatcheries, including aquaculture activity.
(14) Processing of agricultural products, which are raised or produced by an
agriculturist, who shall substantiate such agricultural activity by the submittal of a general excise tax
license to the planning department for acceptance. The processing facility(ies), which may include
activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall
secure final plan approval from the planning department. The setback requirements for the processing
facility may be increased at the time of plan approval review to minimize potential noise, lighting, odor,
vector and air quality impacts. Additional mitigation measures, such as landscaping, may be imposed to
reduce impacts to surrounding properties.
(I 5) Processing of agricultural products, which are raised or produced by the
agriculturist as accepted in section 25-152 (ax 14) and by other agriculturists; provided the processing
facility(ies), which may include activities of milling, pulping, drying, roasting, hulling, storing, packing,
shipping and selling, shall secure final plan approval from the planning department. The setback
requiremenu for the processing facility may be increased at the time of plan approval review to
minimize potential noise, lighting, odor, vector and air quality impacts. Additional mitigation measures,
such as landscaping, may be imposed to reduce impacu to surrounding properties.
(16) Riding academies, rental or boarding stables, dog kennels and catteries.
(17) Animal hospitals.
(18) Commercial excavation or removal of natural building material or minerals.
(19) Guest ranches.
(20) Hunting and fishing lodges and preserves.
(21) Use and buildings normally considered accessory to the above permitted uses
subject to the approval of the director.]
The following a hall be yPrmitted in the A district:
ZONING CODE REVISION•Wrn~ayar v~nbn
101 ORAFT 7/B16C
(Il Agricultural Darks.
{Zl Agricultural products processing. maior and minor
(3) Animal hospitals
(41 Animal quarantine stations.
(5) Agpaculture.
(61 Botanical gardens. nurseries and green houses, seed f~n*+s plant expe~;rt,P~•,l
stations. arboretums. floriculture. and similar uses dealing with the growing of plants.
(7 ampgrounds. park p~grounds- tennis court . wimming pools and other
similar open area recreational facilities. where none of the recreational features are entirely e,,,,i~ce~t a
building.
(81 Cemeteries and mausoleums. as permitted under Chapter 6. arti iP ~ ~f ~ti~c r~+~tP
(9) Crop Droduction.
(10 Dwelling. single-family. as permitted under chanter 205. Hawaii Revic_ed Sratntec,
(1 I1 Farm dwellings.
(12) Fertilizer yards utilizing only manure and soil. for commercial use.
(131 Forestry.
(141 Game and fish propag
to ion.
(1~1 Golf club houses.
(161 Golf course maintenance buildings.
(171 Golf courses and gplf driving ran¢es.
(181 Group living facilities.
(191 Kennels.
(201 Livestock production. provided that piggeries. apiaries. and pen feedin¢ of
livestock shall only be located on sites approved by the state department of health and the director. and
must be located no closer than one thousand feet awav from anv maior public street or from any other
zoning district.
(211 Public uses and structures which are necessary for agricultural practices,
(221 Retention. restoration. rehabilitation. or improvement of building or sites of historic
or scenic interest.
( 1 Riding~ademies. and rental or boarding stables.
(241 Roadside stands for the sale of agricultural products grown on the pr mic c
(mil Telecommunication antennas. as permitted under section 25-4-12.
(261 Utility substations. as permitted under section 25-4-1 I.
/y~ 20NING CODE REVISION-Ram~syar venbn
I"'' ORAFr71eAe
(271 Vehicle and equipment storage areas that are directly accessory to aquaculture
Cron production. game and fish propagation. livestock grazing and livestock production.
f28) Wind energy facilities.
{b) The following uses shall be permitted in the A district. provided that a special permit is
obtained for such use if the building site is located within the state land use agricultural district
(1) Adult day care homes.
(2) Airfields, heliports. and private landin ste rips.
(3) Bed and breakfast establishments. as permitted under section 25-4-7.
jal Community buildings ac permitted under section 25-4-1 I.
Excavation or removal of natural building material or minerals, for commercial
u~ -
' (6) Fami~hild care homes.
j]] Guest ranches.
Home ocgppations. as permitted under section 25-4-13.
j9_) Lp~gec and preserves.
(10) Meeting~'acilities.
(1 I) Model homes. as permitted under section 25-4-8.
{121 Publicdumos.
(11) Public uses and structures other than those necessary for agricultural practices. as
provided under section 25-4-11.
(]4) Temporary real estate offices. as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of land area
per trailer provided that plan approval is secured prior to commencing c_uch use.
f 161 Ucec other than those sp ifi ally listed in this section. which meet the standards
for a gp ial permit under chaQlgr 9ns Hawaii Revised Statutes.
The followingysec shall be permitted in the A district, provided that either a use permit is
iccurd for each use if the buildin¢ cite is outside of the elate land use agricultural district or a sp ial
permit is issued for each use if the building <_ite is within the state land use a~cultural district:
Crematoriums.
(Z) h Irchec temples and svnaeo¢ues.
(~l j?yy care centers.
{4) Hocpjtals sanitariums. old age ~nnvaleccent nursing and rest homes
f 5) Maior outdoor amusement and recreation facilities.
i4) Mortuaries.
1()3 ZONING COOEREVISION-Ra 8l
o
(71 Schools.
(dl Buildings and uses accessory to the uses permitted in this section shall also be permitted in
the A district.
(el Cinder cone excavation. non-commercial for cinder cones having a height of fi feet or
more above the average height of the surrounding terrain. shall be permitted in the A district. provided
that a use permit is issued for the use.
jf1 All of the uses authorized in this section prior to December .1996. shall be permitted in the
A district. notwithstanding,anv recorded deed restriction or restrictive covenant to the contrary. and no
building~ite shall be established in the A district which shall in any~y restrict or limit the urea
permitted under this section.
Section [25-153.] ZS_5-73. Height [limits.] limit. The height [limits] Jj~ in jbg A [districts]
district shall be 1J7irty-five feet for any residential structure. including tingle-family dwelling or
farm dwelling, and forty-five feet for all other structures.
Section ]25-154.) 25-5-74. Minimum building site area. [The minimum building site area to
be designated for any A district shall be one acre. Other A districts having larger areas may be
designated in increments of one acre up to a recommended maximum often thousand acres.] ~g
minimum building site area in the A district shall be five acres.
Section (25-155.] 25-5-75. Minimum building site average width. [Each building site must
have a minimum average width of one hundred twenty feet for the first acre of required area plus twenty
feet for each additional acre of required area. The maximum required average width for any building site
shall be one thousand feet.] Rach buildin¢ site in the A district shall have a minimum averags width of
rivo hundred feet for the first five acres of regyj(
de area plus twenh~ feet for each additional acre of
required area Provided that no building~ite shall be required to have an average width greater than one
thousand feet.
Section (25-156.] 25-5-76. Minimum yards.
(a) Except as otherwise provided in [other subsections ofJ this section, the minimum yards
[required] in jig A [districts] district [are as follows:
(1) Front] shall be thirty feet for front and rear [yard:) y,~,-~
[(2) Side yard:] twenty feet[.] for side yards.
(b) In j]lg A [districts] district. accessory buildings and enclosures (other than fences under eight
feet high) for the shelter and confinement of any livestock shall be at least one hundred feet from the
front property line.
(c) For accessory uses such as saran shade and similar fabric shade structures used in controlling
amount of sunlight in the raising of plants and flowers, side and front yards in j]~r A [districts)
ZONING CODE REVISION-Ramasyar veiabn
104 DRAFT vere9
shall be at least ten fee[, except where the A [districts] i i [share) shares common boundaries with
urban zones and main government roads.
(d) For accessory uses such as plastic roofed and saran shade wooden or metal framed structures
used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of
fruits, vegetables and similar agricultural products, side and front yards shall be at least ten feet except
where:
(l) Exterior walls of any type other than saran [is] grg added to the wooden or metal
framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main government
roads.
Section (25-157.( 25-5-77. Other regulations.
jgl [f any legal building site in [an] ~ A district has an area of less than one acre, then the yard
and height requirements for the building site shall be the same as the yard and height requirements in the
[RS] $A [districts.] ~j~js-L
(bl One single-family dwelling or one farm dwelling shall be permitted on anv building site in
r{,a a rt'crrirr a var,., rtwPlline '<i_ = sing[g_family~welling that is located on or used in connection with a
farm or if the agricultural activity Drovides income to the family occuovin¢ the dwelling,
(Q] Additional farm dwellings m ~pennitted in the A district only upon the following
conditions:
(I1 A farm dwelling~}*rPPment for each additional farm dwellin¢_ on a form Dreoared by the
dirP~tor shall be executed behveen the ow^er of the building c_ae. anv lessee having a lease on the
b ~u'Idin¢ cite with a term exceeding on~ysar from the date of the farm dwellin~aereement and the
o ~n The a~ement shall reggjre the dwelling to be used for farm-related DurDOces
(Z) The applicant shall submit an agricultural development and use Drogram. farm plan or
other evidence of the Applicant's continual agricultural productivity or farmin¢ ocera[ion within the
o .n to the director Such plan shall also chow how the farm dwelling will be utilized for farm-related
pumoses.
({~l Excgptionc to the reel°tionc for the A district regarding hei¢hts- buildin¢ site areas. building
site avera¢e widths and yards maX be approved by the director within a planned unit development or an
Sricultural p~ject district.
[Article 9.[ Division 8. iA, Intensive Agricultural Districts.
Section [25-158. 25-5-80. Purpose and applicability. The IA (intensive agricultural) district
provides for the preservation of [highly productive lands for] important agricultural (purposes] j3pQg as
IQS 20NING CODE REVISION-Rameay~~vanwn
provided for in the general plan[. It applies to rural areas of good agricultural lands and the intervening
gullies and steep slopes which are not subject to urbanization or higher density uses as spelled out in the
general plan.] and characterized by a mix of small and large scare commercial farms and other
ggricultural oRerations which may include residential use in the form of farm dwellin sg closely tied to
intensive agricultural use The land in the [A district are those lands which have the soil. Guali . g
or wine
Beacon and moisture suQR[y needed to sustain high yields of crops general y or of specific crops of
statewide or local imRg~tance when maned according to modern farming methods All (A districts
shall be located within the state land use agricultural or conservation district.
Section [25-159.[ 25-5-81. Designation of IA districts. ~g IA (intensive agricultural)
[districts] ¢i81tj&1 shall be designated by the [symbols] symbol ["IA,"] ~ followed by a number
together with the lower case letter "a" which [indicating] indicates the required or [the] minimum
number of acres [required per] for each building site.
Section [25-160.[ ZS-5-82. Permitted uses.
[(a) The following are permitted uses in IA districts:
(1) One single-family dwelling per building site.
(2) Sugar growing.
(3) Orchards.
(4) Diversified agriculture -the growing and gathering of crops, fruits, vegetables,
flowers and other plants.
(5) Processing, storing, packing, shipping, and selling products produced on the
premises provided the site or building used for such activity shall be at least one hundred feet from any
property line.
(6) Piggeries, apiaries, and penfeeding of livestock when not closer than one thousand
feet to any major road or to any district other than U or A on sites approved by the health department and
the director.
(7) In aeeas over thirty percent slopes and in gullies within this district where rough
terrain discourages intensive agricultural uses, the director may approve any other uses as listed under
RA or A districts.
(8) Aquaculture activity.
(9) Uses and buildings normally considered accessory to the above permitted uses
subject to the approval of the director.]
The following uses shall be permitted in the IA district:
(,Ll Ag~jcultural parks.
20NING CODE REVISION•Rameyer veisbn
106 oan~r Zeno
(21 Agricultural products processing, maior and minor. provided that plan approval is
secured prior to commencing such use
(3) Aguaculture.
(41 Cemeteries. as permitted under chapter 6. article 1 of this code.
Crop production.
(¢1 Dwelling,-pne single-fa . as permitted under chapter 205. Hawaii Revised
Statutes.
L7~ Farm dwellin¢s.
(81 Forestry.
• (91 Livestock production. provided that pjgy
rye figs. apiaries and pen feeding of livestock
shall not b~loser than one thousand feet to any maior road or to any district other than the A district on
buildjpg isis tes aapproved by the state department of health and the director.
(101 Public usec and <tructures which are necessary for agricultural practices
f 111 Telernmmunicatinn anlenDaS. a5 p~fm ltted under seC[IOn 25-4-12.
(I?l f ' ' alhctatinns as permitted under section 25-4-I 1.
(bl The following uses may be permitted in the IA districts. provided that a special Dermit is
obtained for such use:
(11 Crematoriums.
(2) Churches.
(~1 Community building~as Dermitted under section 25-4-I I.
(41 Dav care centers.
(51 Hospitals.
(61 Public use< and structures other than thoce necessary far agricultural Dumoses. as
permitted under cection 25-4-I 1
{71 Ucec other than tho<e < ifi ally licted in thic section. which meet the standards for
3~pecial permit under chanter 205. Hawaii Revised Statutes.
(p), In [A districts in areas with over thirty percent slope in gullies and where rough terrain
discoura¢es intensive ag~i~~lltural use< the director may approve anv other uses which are Dermitted in
the RA. FA or A districts.
(Q,) Buildings and use< ^ecescorv to the uses n~Ynlitted in this section shall also be Dermitted in
the IA district.
(el ('finder cone excavation non-commercial for cinder cones having a height of fifty feet or
more above the avera¢e hpjght of the <urcoundine terrain shall be cermitted in the fA district provided
that a use permit is issued for the use.
107 20NING CODE REVISION-R~m v~ann
(fl All of the uses authorized in this section shall be R rmitted in the IA district. notwithstandin¢
anv recorded deed restriction or restrictive covenant to the contrary. and no building site shall be
established in the IA district which shall in art} waylestrict or limit the uses permitted under this section
Section (25-161.[ 25_5-g3. Height [limits.[ Wnjl, The height [limits] ]jOU1 in ~ [A [districts]
' ri shall be [the same as in A districts,] thirty-five feet for anv residential structure. includin¢ anv
farm dwelling, and forty-five feet for all other structures. [except that the] ~g director may. however.
permit by plan approval, any [farts] non-residential agricultural structures to be [built] constructed to a
height of one hundred feet, (which action need only determine] if the director determines that the [extra]
additional height above the forty-five foot height limit is necessary.
Section [25-162.) 25-5-84. Minimum building site area. The minimum building site area [to
be designated fpr any IA district shall be three acres up to a maximum often thousand acres.] in the IA
district shall be five acres.
Section (25-163.[ ZS-5_SS• Minimum building site average width. [The minimum] ~,(I
building site [average width] in ~g IA [districts] district shall [be the same as in the A districts.] have a
minimum average width of two hundred feet for the first five acres of rsstuired area. plus twenty feet for
Poch additional acre of required area Provided that no building site shall be required to have an averavq
width greater than one thousand feet.
Section [25-164.] 25-596. Minimum yards. [The minimum yazds in IA districts shall be the
same as A districts.]
(al x gyt ac otherwise provided in this section. the minimum yards required in the [A district
shall be thirty feet for front and rear vardc. and twenty feet for side yards.
(bl In the IA district accessoryy buildings and enclosures (other than fences under eight feet
[tjyhl for the shelter and confinement of any livestock shall be at least one hundred feet from the front
prone line.
(ql For accessory I~sPC snrh as saran shade and <_imilar fabric shade structures used in controllin¢
amount of sunlight in the r-icin¢ of olant< and flowers. side and front yards in the fA district shall be at
(east ten feet except where the IA district shares common boundaries with urban zones and main
government roads.
C~1 For accessory sec such as plastic roofed and saran shade wooden or metal framed structures_
sed in controlling the amount of sunlight rainfall wind and other elements of nature in the raisin¢ of
fruits veget blec and similar,ag ' dtural orod~cts ide and frog[-vardc shall be at least ten feet except
where:
(,~l Exterior walls of anv type other than saran are added to the wooden or metal framed
structure_
108 ZONING CODE REVISION-Ramsey
OThe pecific use allowed is abandoned• and
(31 The fA district shares common boundaries with urban zones and main government
roads.
Section [25-165.) 25-5-57. Other regulations. [If any building site in any (A district has an
area of less than three acres, the minimum yards shall be the same as the yards in an RA district having
an area requirement nearest to that of the subject building site.]
(gZlf any building cite in the IA district has an area of less than five acres. then the minimum
yards shall be the same as the yards in a FA district havine an area requirement nearest to that of the
~¢i iect buildingcite in the IA district.
(bl One farm dwelling shall be permitted on any building site in the IA district. if it is located on
or used in co~ction with a farm or if the agricultural activity provides income Ln the family occuovin¢
the dwelling; In the case where a agricultural activity has not been established a farm dwelling
~reement shall be entered into with the County to insure that agricultural activity will be established by
t~pylicant within three years from the date that the building permit for the farm dwelline is issued.
(c ~ eddirinoa~ Parr„ dwellings may~gpermitted in the IA district only upon the following,
conditions:
(Il A farm dwellingapreement for each additional farm dwelling. on a form Drepared by
the director shall be executed between the owner of the building cl_'te, any lessee having a lease on the
building site with a term exceedine one yg~r from th date ~frh farm dwellingagreement. and the
o m Theggreement shall regl,lire the dwelling to be used for farm-related DurDOSes.
(~~gpplicant shall submit an agricultural development and use Dro¢ram. farm Dlan
or other evidence of the applicant's continual agricultural productivity or farmin¢ operation within the
o rn ~ to the director Such plan chall also show how the farm dwellin¢ will be utilized for farm-related
p~poses.
fdl Exceptions to the regulations for the IA district regarding hei¢hts. building site areas.
b liu (ding cite average widths anSJyards mav~gaRnroved by the director within a Dlanned unit
development or an agricultural project district.
(Article 10.( Division 9. V, Resort-Hotel Districts.
Section [25-166.[ 25-5-90• Purpose and applicability. The V (hotel-resort) district applies to
areas to accommodate the needs and desires of visitors, tourists and transient guests. It applies to
specific areas where public roads and public utilities are available or where suitable alternate private
facilities are assured. It may apply to a single isolated hotel or resort with or without a commercial mall
or shopping section.
Section [25-167.[ 25-5-91. Designation and density of V districts (and density[.
ZONING CODE REVISION-Rarnsayx vsnbn
IQ9 DRAFT ]18!80
(a) [District designation and density of V (resort-hotel) districts shall be the same as in RM
districts except that the symbol "V" shall be used.] Each V (resort-hotel) district shall be designated on
the zoningmap by the svmbol "V" followed by a number which indicates the required land area. in
thousands of square feet for each dwelling unit or for each separate rentable unit in the case of hotels
resorts inns lodges motels motor hotels motor lodges or other similar rentable units
(bl In case anv of the permitted uses have dormitories. two beds shall be enuivalent to one
s~eoarate rentable unit for purposes related to the required land area in the V district.
[(b)] Maximum density designation [fort in the V district shall be [no more than one rentable
unit for each] .75 or seven hundred fifty square feet of land[.] area for each dwelling unit or ~parate
rentable unit.
[(c)] [Although no limit is placed on the increments] In the V district. no limitation shall be
placed on the increments used between the various density designations[, it is expected that normally the
following will be used:]• however the recommended incremental density designations are:.75, 1, 1.25,
I.S and upward [as deemed necessary by the planning commission] in 0.25 increments.
Section [25-168. 25-5-92. Permitted uses.
[(a) The following are permitted uses in V districts:
(1) Hotels, resorts, resort motel, and condominium buildings.
(2) Single-family, duplex or double-family, and multiple-family residential dwellings.
(3) Bed and breakfast establishment.
(4) Commercial uses of the following types when subordinate to and located in a hotel
or main resort building and oriented so that access to such uses is not available directly from any street or
adjoining property: coffee shop, snack bar, restaurant, tap room, bar, cocktail lounges, night club,
magazine and newsstands, tobacconist, camera shop and accessories, travel service counters, florist
shops, novelty shops, specialized clothing shops, personal service uses, drug store, specialized food shop
(as opposed to the general store), and "art in action" booths or shops (the making, displaying and sale of
objects of art, small handcraft objects, hand weaving or spinning products, jewelry, paintings, hand made
pottery or figures, hats or other very similar products).
(5) Parking lots or buildings, taxicab stations, and offices.
(6) Small boat harbors and docks.
(7) Dance pavilions, open-air theaters, or theaters for stage production or for motion
pictures.
(8) Travel agencies and tourist information centers.
(9) Other uses which the director determines to be necessary to the proper functioning
of a resort area.]
].1~ 20NING COOE REVISION•Ra ~
The following uses shall be permitted in the V district:
(1) Adultdavcarehomes.
(2) Amusement and recreational facilities, indoor.
(3) Art galleries. museums.
(4) Automobile service stations.
(5) Bars. night clubs and cabarets.
L4) Beri anA hrrak4'act establishments ac permitted under section 25-4-7
(7) Business services.
Cemeteries and mausoleums as Rermitted under chapter 6 article 1 of this code
(Ql Churches temples. and other institutions of religious. cultural, philanthropic or
charitable nature.
(10) Commerci~parking.Jots and eara¢es.
1) C~~+muniry bu~~~l~gs. as permitted under section 25-4-I I.
(12) Dav care facilities.
(13) Dwellingg double-family or duplex.
(>,4) Dwellipgs. multiple-family.
(IS) Dwellings.si le-family.
(16) Familv child care homes.
(17) Financial institutions.
8) Golf clubhouses.
(19) Golf course maintenance building,
(24) Golf courses and,golf driving ran¢es.
( 1) ro 1 Ip iving facilities.
{22) Home occupations. as ~rmitted under section 25-4-13.
{Z3) Hotels.
(24) Lodes.
(Z~) Medical clinics.
(26) Meeting facilities.
{Z7) Maior outdoor amusement and recreation facilities.
(281 Model homes ac cermitted under section 25-4-8.
f29) Parks.
(30) Personal services.
{ I) Pho[ooramhvstudios.
Public uses and structures. as permitted under section 25-4-1 I.
111 ZONING CODE REVISION-FanueY~
~
j331 Restaurants.
{341 Retail establishments.
Telecommunication antennas. as permitted under section 25-4-12
(~6) Temporary real estate offices, as permitted under section 25-4-8
(371 Time share units.
j~81 Utility substations. as permitted under Section 25-4-I I.
(391 Visitor information centers.
(bl In addition to those uses permitted under subsection (al above. the following uses shall be
permitted in the V district. provided that a use permit is issued for each use:
(j) Crematoriums.
{ 1 Hospjtals, sanitariums. old. are. convalescent. nursing and rest homes
(31 Yacht harbors and boating facilities.
fg] Building, and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the V district.
Section (25-169.] 25-5-93• Height [limits.] jjspjs,
(a) The height [limits for a building or structure] J1tnil in ~g V [districts] district shall be
forty-five feet[.], excep~jn those areas designated in subsections (bl and (cl below.
(b) The height [limits for a building or structure in VH districts] limit in the V district in the
City of Hilo shall be one hundred twenty feet.
(c) The height [limits for a building or structure in VH districts] limit in the V district at
Keauhou Bay and Kahaluu Bay shall be ninety feet.
Section [25-170.( 25-5-94• Minimum building site area. [Each] The minimum building site in
[a] Sh4 V district shall [contain a minimum ofJ Iz~ fifteen thousand squaze feet.
Section [25-171.( 25-5-95. Minimum building site average width. Each building site in [a]
jbg V district shall have a minimum average width of ninety feet.
Section [25-172.( 25-5-96. Minimum yards.
[(a)] The minimum yards in SIl€ V [disVictsJ district shall be as follows:
(1) Front and rear yards[:], twenty feet[.];~~
[(2) Rear yards: twenty feet.]
[(3)] Side yards[:J, eight feet for one story[;], and an additional two feet for each
additional story [permitted].
Cection 25-5-97 Landscapin I_.andsca~t shall be provided on a minimum of twenty
percent of the total land area of any building site in the V dic_irict. Parking areas shall not be included
within the area required for landscapjne on a buildingsite.
112 ZONING CODE REVISION-Ram~ey~~
Section (25-173.J ZS-5_98. Other regulations.
(a) [There may be more] More than one main building tn~,v be situated on any building site[.] jp
the V district.
(b) [Distance] The distance between main buildings on one building site in the V district shall be
at least fifteen feet.
(c) Plan approval [is] shall be required [of all structures and uses.] for all new structures and
additions to existing structures in the V district.
[(d) Preliminary plans indicating use of land and proposed structures shall be submitted with the
zoning application to the director for review.]
(dl Exceotions to the regulations far the V district reeardine heip,[~tc building site areas building
Site average widths a I~yards may be apyroved ]~v the director within a planned unit development or
pr~iect district.
[Article 11. CO, Commercial Office Districts.]
[Section 25-174. Purpose and applicability. The CO (commercial office) district applies to
areas suitable and desirable for professional and administrative activities.]
[Section 25-175. Designation of CO districts. CO (commercial office) disVicts shall be
designated by the symbol "CO", followed by a number indicating the number of thousands of square feet
required per building site.]
[Section 25-176. Permitted uses.
(a) The following are permitted uses in CO districts:
(1) Business, administrative, professional, executive, financial, editorial, medical,
dental, and real estate offices, and any other similar office use which will not be detrimental to the
character of the district.
(2) Medical and dental centers, groups, or clinics not permitting in-patients.
(3) Prescription pharmacies, banks, lending agencies, title companies, photographer or
commercial artist studios, and modeling agencies.
(4) Public buildings for uses similar to the above.
(5) Lunch counters, coffee shops, barber shops, beauty parlors, tobacconists, and news
and magazine stands, provided they are located within a building containing one of the uses listed in
paragraph (I (2), or (3) of this section as a principal use.
(ti) Automobile parking lots or buildings.
(7) Drug stores, restaurants, cocktail lounges, and night clubs.
(8) Business and technical schools.
(9) Schools and studios for photography, art, music, and dance.
113 ZONING CODE REVISION-Ramaeyar wvnbn
(l0) Hotels, apartment-hotels, and condominium buildings provided that the density
shall not exceed one rentable unit for each one thousand two hundred fifty square feet of land area within
the building site and allocated for resort and accessory uses only.
(l l) Bed and breakfast establishment.
(12) Uses clearly accessory and incidental to the above listed uses.]
[Section 25-177. Height limits.
(a) The height limits in CO districts shall be as follows:
(I) Except as provided elsewhere in this section, not higher than thirty feet.
(2) [n the City of Hilo, not higher than one hundred twenty feet.]
[Section 25-175. Minimum building site area. The minimum building site area in CO districts
shall be twepty_ thousand square feet. ]
[Section 25-179. Minimum building site average width. The minimum building site average
width in CO districts shall be one hundred feet.]
[Section 25-180. Minimum yards.
(a) The minimum yards in CO districts shall be as follows:
(1) Front or rear yard: twenty-five feet.
(2) Side yards: none, except as required by plan approval.]
[Section 25-181. Other regulations. Plan approval is required of all structures and uses in CO
districts.]
[Article 12.E Division 10. CN, Neighborhood Commercial Districts.
Section [25-182.[ 25-5-1ao. Purpose and applicability. The CN (neighborhood commercial)
district applies to strategically located centers suitable for commercial activities which shall be of such
size and shape as will accommodate a compact shopping center which supplies goods and services to a
residential or working population on a frequent need or convenience basis. This district is distinguished
from a central commercial district which provides general business and broad services to a city or region.
Section [25-183. 25-5-101. Designation of CN districts. Each CN (neighborhood
commercial) district shall be designated by the [symbols] ~ "CN" followed by a number
(indicating] which indicates the minimum [number of] land area. in thousands of square feet, required
[per] for each building site.
Section [25-184.[ 25-5-102. Permitted uses.
[(a) The following shall be permitted uses in CN districts:
(I) All retail uses that are conducted entirely within a building.
(2) Automobile service stations, Lire changing or pickup stations, and commercial
parking lots or buildings.
114 ZONING CODE REVISION-Ramsaym vavnbn~
(3) Banks, lending agencies, and financial institutions.
(4) Barber and beauty shops.
(5) Launderette, cleaning and pressing service, and pickup stations.
(6) Lunch counters, coffee shops, restaurants, bars, and cocktail lounges provided that
no live entertainment is provided that no live entertainment is provided or dancing is allowed.
(7) Medical and dental centers, groups, or clinics not permitting in-patients.
(8) Museums, libraries, and community, public and public service buildings.
(9) Offices for business, administrative, professional, executive, financial, real estate,
editorial, medical, dental, and other similar uses.
(l0) Photography or commercial art studios and modeling agencies.
(11) Prescription pharmacies.
(12) Repair shops for personal or household items, radio, television, and small electrical
appliances.
(13) Shoe repair, clothes mending, and tailor shops.
(14) Drive-in facilities for retail sales or services.
(IS) Bed and breakfast establishment.
(16) Any use permitted in a RM district with a maximum density of one thousand two
hundred fifty square feet of land area per rentable or dwelling unit.
(17) Buildings and uses normally considered directly accessory to the above permitted
uses.
(a) The following uses chall be permitted in the CN district:
[l,) Adult day care homes.
('7) Automobile service stations.
Bed and breakfast establishments as nPrmitted I!nder section 25-4-7.
BoardjpQ facilities rooming or IodC1I1Z hnucee Drovided that the maximum
density shall be one tho~cand two hundred fifty square feet of land area Der rentable unit or dwellin¢
1lL1L
Business services.
Ce Pteries and mausoleums ac permitted under chapter 6 article l of this code
jZ) Churches temples~¢oeues.
f8) Comm~ni(y_b lip Idin¢s as ~++°rmitted under section 25-4-1 I .
j9) onvenience stared.
(,i0) Crop production.
(1 1) Dav care centers.
115 ZONING CODE REVISION-W R
x ~
(121 Drive-thruestablishments.
(13] Dwellings, double-family or duplex. provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit
(141 Dwellings. multiple-fami y. provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit
(151 Dwellings. sing e-family.
(161 Fami~,y child care homes.
(171 Financial institutions.
(181 Group living_facilities.
(191 Home occupations, as permitted under section 25-4-13.
j201 Libraries.
(211 Medical clinics.
(221 Meeting facilities.
(2'tl Model h~n,es. permitted under section 25-4-8.
(241 Mortuaries.
(251 Museums.
( 62 1 NejyhborhooQ„park~ p~grounds, tennis courts. swimming pools. and similar
~jp~borhood recreational areas and uses.
(271 Offices.
(
82 1 Opgn air markets.
(291 Personal services.
(301 Photogtap~y studios.
(i I l Public aces and structures. as permitted under section 25-4-I I.
(321 Repair establishments minor.
(331 Restaurants.
(341 Retail establishments.
(35) Schools.
(361 Telecommunication antennas. as permitted under section 25-4-12.
(371 Theaters.
(i81 Utility substations as permitted under Section 25-4-I 1.
(bl In addition to those uses pernitted under subsection (al above the followine uses shall be
permitted in the CN district provided that a use permit is issued for each use•
(Il Crematoriums.
116 20NING CODE REVISION•Ramsayar ~
(cl Buildings and uses normallKconsidered directly accessory to the uses permitted in this
section shall also be permitted in the CN district.
Section [25-185.] 25-5=103. Height [limits.) limit. The height [limits] Jjmi~ in [a] ~ CN
district shall be forty feet.
Section [25-186.] 25_5=104. Minimum building site area. The minimum building site area in
die CN [districts]district shall be seven thousand five hundred square feet.
Section [25-187.j 25-5=105. Minimum building site average width. [The minimum building
site average width] Each buildinesite in Shy CN [districts] district shall [be] have a minimum average
wi sixty feet.
Section [25-188.] 25-5=106. Minimum yards. The minimum yards in ~g CN district shall be
as follows:.
(1) Front and rear yards[:], fifteen feet[.];~p~
(2) Side yards[:], none, except [as required by plan approval.] where the adjoinin¢
b ~ildi s~rr .s in a RS RD RM RCX or V district Where the side vard a loins the side vard of a
b iu IdinQ cirP in a RS RD RM RCX or V district. there shall be a side yard which conforms to the side
yard
requirements for dwelling use of the adjoining district.
,~a~tion 25-5-107 i.andscapjltE of yards
(gl All front vardc in the CN district shall be landscaped. except for necessary access drives and
w w
(bl Where anyseauired side or rear yard in the CN district adjoins a buildin~,jte in a RS. D,
RA" or RCX district the side or rear vard shall be landscaped with a screening hed¢e not less than fortv-
~^^ti~~ tiai¢ht within five feet of the propelZy line. except for necessarv dr~ves
advs.
Section [25-189.[ 25-5_108. Other regulations.
(a) Inln conjunction with n approval. [The] j}lg director may [under plan approval, permit or]
require the construction of a continuous gave overhanging the front property line in the CN district. ~g
director [and] may ~ require [it to] that the gave be of similaz height and design in any one block[.] >2f
the CN district.
[(b) Any product produced or made within a CN district must be sold on the premises where
produced.]
[(c)]f¢) Plan approval [is] shall be required [ofJ ~ all new structures and [uses.] additions to
existing ern~rhvrs in the CN district
EX~ptionc to the reg~ lationc for the CN district re¢ardin¢ heights. building site areas.
b Diu (ding site avert widths and yylds may be approved by~he director within a planned unit
development or ptpject district.
l 17 20NING CODE REVISION-Ramssyx wvnnwn
[Article 13.] Division 11. CG, General Commercial Districts.
Section [25-190.] 25_5_110. Purpose and applicability.
(a) The CG (general commercial) district applies to [areas] na area suitable for commercial uses
and services on a broad basis to serve as the central shopping Gr principal downtown area for a city or a
region.
(b) No CG district shall be established until there is a demonstrated need for such action and no
two CG districts shall be established in such relationship to each other that they cannot act as one center
and yet are too close together to serve two distinct regions.
Section (25-191.[ 25-5-111. Designation of CG districts. Each CG (general commercial)
disVict shall he•.designated by the [symbols] symbol "CG" followed by a number [indicating] which
indicates the minimum [number ofJ land area. in thousands of square feet, required [per] for each
building [area.] ~jl~,
Section [25-192.[ 25-5-112. Permitted uses.
[(a) The following are permitted uses in CG districts:
(I) Any use listed as a permitted use in any CO and CN disVict.
(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 nonnoxious type where the only retail sales outlet for products
produced is on the premises where produced.
(6) Art galleries.
(7) Automobile parking lots and buildings or storage garages.
(8) Display rooms for products sold elsewhere.
(9) Caterers.
(10) Cleaning plants using only nonFlammable hydrocarbons in a sealed unit as the
cleansing agent.
(I 1) Newspapers, publishing houses, printing shops, cartographer, and duplicating
processes such as blueprinting or photostating.
(12) Restaurants (other than "drive-ins," bars, cocktail lounges, and night clubs).
(13) Repair shops for personal or household items, and "fix-it" shops.
(14) Private clubs, social orders, fraternal groups, and other similar organizations.
(l5) Tour, travel, and ticket agencies.
(16) Business, technical, or Vade schools; art modeling, music, dancing, photographic,
or other similar studios or academies.
118 ZONING CODE REVISION-Ra ~
(17) Public service or public utility uses but excluding any service, equipment, or
storage yard or power plants therefor.
(l8) Automobile service stations or garages; excluding body and fender works, electric
tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely
enclosed building, car washes or laundries other than those utilizing automatic or steam cleaning
equipment.
(19) Bakeries.
(20) Radio and television broadcasting stations or studios.
(2I) Commercial amusement establishments such as bowling alleys, skating rinks and
pool halls.
(22) Drive-in uses.
(23) Equipment sales and rental yards, used car lots and, other yards where retail sales
products are displayed in the open.
(24) Food lockers and ice storage and dispensing.
(25) Gymnasiums, physical culture studios, and reducing salons.
(26) Hospitals of all types and sanitariums.
(27) Hotels, apartment-hotels, and condominium buildings provided the density shall
not exceed one rentable unit for each five hundred square feet of land area within the building site.
(28) Indoor sports arenas, auditoriums, and theaters.
(29) Electrical, plumbing, and furniture upholstering shops provided that all materials
are kept, and all activities are conducted entirely within a building.
(30) Residential use in connection with the operation of any permitted use.
(31) Model homes for display purposes only provided they are not placed on permanent
foundations and provisions are made for their removal at the end of a specific period of time, not to
exceed one year.
(32) Bed and breakfast establishment.
(33) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade
products for more than two (2) days a week, the director, at the time of plan approval, shall restrict the
hours of use, maintenance and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(34) Uses normally considered accessory, incidental and subordinate to the above uses.]
The followin¢ uses shall be permitted use<_ in the CG district:
(11 Adult day care homes.
119 20NING CODE REVISION•RemNyM wnlon
(21 Amusement and recreation faciliriec_ indoor
(1 Art gallerie . m icenmc
(41 Art studios
(51 Automobile service srarinnc
(61 Automobile sales and rentals
(71 Bars. nightclubs and cabarers
(81 Bed and breakfast establishments. as perritted under serrinn ~5-4-7
(91 Boarding facilities. rooming, or lodgjng houses. provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelline
unit'
(101 Broadcasting stations.
(I Il Business services.
(121 Car washing provided that it is mechanized in sound attenuated structure . or
sound attenuated walls are erected and maintained on the prone lines.
(131 Catering establishments.
(141 Cemeteries and mausoleums. as permitted under chapter 6. article I ofthis code.
(151 Churches. temples and syn~pogues.
(161 Cleaning plants using only non-flammable hydrocarbons in a sealed unit as the
cleansing
(171 Commercial parking lots and gara¢es.
(I 81 Community buildings. as permitted under section 25-4-I 1.
(19) Convenience stores.
(201 Crop production.
(211 Dav care centers.
(221 Displgv rooms for products sold elsewhere.
(231 Dwellings. double-family or duplex. provided that the maximum densjly shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(241 Dwellings. multiple-family. provided that the maximum density shall be seven
hundred fift}~ cauare feet of land area per rentable unit or dwelling unit.
(251 Dwellings sinele-family.
(261 Egyjpment sales and rental yards. and other yards where retail pppducts are
displayed in the Goen.
(271 Family child care homes.
120 ZONING COOE REVISION•Ram~ayx v~nbn
(28) Farmers markets. prgvided that the products are limited to the selling of local fresh
and/or raw produce.
(29) Financial institutions
(,~Q) olf cl ~bhouseS
(31) Golf course maintenancebuildines
(32) Golf courses and drivine ranees
(33) Group living facilities.
(3~) Home occupations. as permitted under section 25-4-13.
(35) Hospitals. sanitariums. old age. convalescent. nursing and rest homes and other
Similar uses.
_ (}6) Hotels.
(37) Ice storage and dispensing facilities.
(3 Laboratories. medical and research.
(39) Laundries.
X401 Light manufacturing,processingsnd packaging, where the only retail sales outlet
for products produced is on the premises where produced.
(41) Medical clinics.
(42) Meeting facilities.
(43) Model homes. as permitted under section 25-4-8.
Mortuaries.
(45) Neighborhood pgrka olavgrounds. tennis courts. swimming pools. and Similar
pgjphborhood recreational areas and uses.
(Q¢) Offices.
(47) Ocen air markets.
(481 Personal services.
(49) Photograpj1Y studios.
(~1 Public uses and structures. as permitted under section 25-4-I I .
(51) Printing shop~,~rtographing and duplicating processes such as blueprintin¢ or
photostating shoos.
($2) Repair establishments. minor.
Restaurants.
(54) Retail establishments.
($~1 Schools.
(56) Telecommunication antennas. as permitted under section 25-4-12.
I21 ZONING CODE REVISION-Ra ~
(571 Theaters.
($8) Time share units.
(~9) Utili substations. as permitted under section 25-4-t I.
(601 Veterinarian establishments in sound attenuated buildings,
(611 Yacht harbors and boatine facilities.
(bl In addition to those uses permitted under subsection (al above. the following uses shall be
permitted in the CG district provided that a use permit is issued for each use:
(Il Crematoriums.
(21 major outdoor amusement and recreation facilities.
(31 Yacht harbors and boating facilities.
(cl Residential uses in connection with the operation of anv permitted use shall be permitted in
the CG district.
(dl Buildings and uses normally considered accessorv to the uses permitted in this section shall
also be permitted in the CG district.
Section~(25-193.[ 25-5=113. Height [limits.] jjmjl,
(a) The height [limits] ljlpjl in 1]Ig CG [disVicts] district shall be [as follows:
(1) Except as otherwise provided elsewhere in this section, not higher than] forty-five
feet[;]. except in those areas designated in subsections (bl and (cl below.
[(2)] (¢1 a hei t limit [In] jp the City of Hilo[, not higher than] shall be one hundred twenty
feet [;and],
[(3)] The height limit [In Kailua-Kona,] in those areas in the North Kona district desig an ted
ac hig d nsi rban on the general plan land use pattern allocation guide (I.UPAGI mao [not higher
than] shall be ninety feet.
Section [25-194.[ 25-5=114• Minimum building site area. The minimum building site area in
[a] jbg CG district shall be seven thousand five hundred square feet.
Section [25-195.[ 25-5;115. Minimum building site average width. [The minimum] ~h
building site [average width] in [a] ~ CG district shall [be] have a minimum building site averagg width
q(sixty feet.
Section [25-196.[ 25-5=116• Minimum yards. [(a)]The minimum yards in ~g CG [districts]
~jslljs<.L shall be as follows:
(I) Front or rear yards[:] , fifteen feet[.];~nd
(2) Side yards[:], none, except [as required by plan approval.] where the adioinine
b I~'Iding 's in a RS RD RAC or RCX district Where the side yJ~rd a ~oins the side yard of a buildin¢
122 ZONING CODE REVISION-R
~r
~
cite in a RS. RD. RM or RCX district. there shall be a side yard which conforms to the side yard
lgquirements for dwelling use of the adjoinipp district
Section 25-5-117. Landscapine of yards.
1 All fro I~yards in the CG district shall be landscaped except for necessary access drives and
wlw
(bl Where ally required side or rear yard in the CG district adjoins a building site in a RS. RD.
Rh9 or RCX didrict. the side or rear vard shall be landscaped with a screeninE hedge not less than forty-
rivo inches in h~ht within five feet of the propg~y line. except for necessarv drives and walkwavc
Section (25-197.] 25-5-118. Other regulations.
(g? Plan approval [isj shall be required (oE] f~ all new structures and [uses] additions to existine
structures in ~g CG [districts.] district.
(pl Exceptions to the legulations for the CG district reEarding~ghts. building site areas.
hl 'I ing;< awe ge widths and yards. may be approved by the director within a planned unit
development or project district.
[Article 14.] Division 12. CV, Village Commercial Districts.
Section [25-198.J 25-5-120. Purpose and applicability. The CV (village commercial) disVict
[applies to areas that allow] provides for a broad range or variety of commercial and (related] liP.ttl
jndustrial uses that are necessary to serve [a somewhat isolated residential or working population] jbg
population in rural areas where the supplementary support of the general business uses and activities of a
central commercial district is not readily available.
Section [25-199.] 25-5-121. Designation of CV districts. ~b CV ([village commercial]
Village Commercial) [districts] district shall be designated by the [symbols] gvmbol "CV" followed by a
number [indicating] which indicates the minimum land area. in number of thousands of square feet,
required (per] for each building site.
Section [25-200.] 25-5-122. Permitted uses.
[(a) The following uses are permitted in a CV district:
(I) Any of the uses listed directly as permitted uses in a CN district.
(2) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(3) Newspapers, job printers, blueprinters and similar uses which are obviously
designed to primarily serve the local area.
(4) Repair shops for household items and fix-it shops.
(5) Automobile service stations and drive-ins for retail sales or services.
123 ZONING CODE REVISION-Ramsay ~wnbn
(6) Automobile service, repair, and upkeep uses.
(7) Restaurants, bars, and cocktail lounges.
(8) Manufacturing of products and distributed [o 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.
(l0) Rooming or boarding houses.
(l 1) Residential uses in connection with the operation of any permitted uses.
(12) Bus and tour stops; ticket agencies.
(l3) 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 employees.
(l6) A hotel, if such use and design conform to the character of the area and the district
regulations and are approved by the director.
(17) Bed and breakfast establishment.
(l8) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade
products for more than two (2) days a week, the director, at the time of plan approval, shall resVict the
hours of use, maintenance and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(19) Other uses similar to the permitted uses or to any of the above listed uses.
(20) Accessory uses, normal and subordinate to the above uses.]
(al The following uses c_hall be cermitted in the CV district:
(Il Adult dayyare homes.
(ZJ Amucement and recreation facilities- indoor.
(~l Art ggll
riocg~uceu s.
Automobile sales and rentals
(51 Automobile service stations.
Bars.
Bed and breakfast establishments. as cermitted under section 25-4-7.
Boarding facilities rooming or IodgJIIg~14tLSC5~Drovided that the maximum
densi[v shall be one thousand two hundred fifty cquarr feat of land area oer rentable unit or dwelling
unit.
124 ZONING CODE REVISION-Ram
(91 Business services,
(101 Cemeteries and mausoleums. as~ermitted under chapser 6. article 1 of this code.
l l Churches temples and cyga o
(j21 Commercial parking lots and gara
(l31 Community buildinec ac pgpnitted under section 25-4-1 I
(141 Convenience stores.
(1,5 Crop production.
( 61 1 Day-care
centers.
(171 Dwellings double-fami~gr dupJSr provided that the maximum denc_ity shall be
one thousand bvo hundred fifti- souare feet of land area per rentable unit or dwellinE unit
- L,181 Dwellings multjple-family. provided that the maximum density shall be one
thousand hvo hundred fiftv.~quare feet of land area per rentable unit or dwelling unit.
(191 Dwellings. single-family.
(201 Family child care homes.
L211 Farmers markedprovided that the products are limited to the selling of local fresh
and/or raw prod IrP fish and Inra~ hnmeorown and homemade products and wares.
(221 Financial institutions.
(231 Golf clubhouses.
(741 Golf course maintenance buildings.
(251 Golf courses and drivin¢ ranges.
(261 roup~iving facilities.
(2,71 Home ocryo°tion<_ as ~rmitted under section 25-4-13.
( 81 'ocpitals sanitariums old age ~onvalescent_ nursin¢ and rest homes and other
similar usec_.
(791 Hotels when the design and use conform to the character of the area. as approved
by the director.
("t01 t aboratoriec. medical and research.
(311 Libraries.
1 Lodes.
{~?l Manufacturin¢ processing an ackagine light and ¢eneral. excen~or concrete or
asphalt products v+here the products are distributed to retail establishments located in the immediate
community ac approv d by the director.
(241 Medical clinics.
(x,51 Meeting facilities.
125 ZONING CODE REVISION-R~~ueyx ~
(361 Model homes. as permitted under section 25-4-8.
(37) Mortuaries.
( 81 Neighborhood parks. playgrounds. tennis courts. swimming pools. and similar
neiehborhood recreational areas and uses.
(391 Offices.
(401 Open air markets.
(4l l Personal services.
(421 Photograpkv studios.
(4'tl Public uses and structures. as permitted under section 25-4-I 1.
(441 Publishipg„plants for newspapers. books and maga Iz•nes• printing shoot
cartographing, and dupli sting processes such as blueprinting or photostating shops. which are decign~d
~primari(y serve the local area.
(4 1 Repair establishments major when there are not more than five employees as
approved by~7e director.
(461 Repair establishments. minor.
(471 Restaurants.
(481 Retail establishments.
(491 Schools.
T tnrnmmnni arinn anre~na ac cermitted under section 25-4-12.
!s n TPmporarv real estate offices, as permitted under section 25-4-8.
(521 Theaters.
(53) Utiliry~,{Ibstations_ as permitted under section 25-4-I I.
In addition to those uses permitted under subsection (al above. the following uses shall be
permitted in the CV district. provided that a use permit is issued for each use:
(I1 Crematoriums.
(mil -Major outdoor amusement and recreation facilities.
('tl Yacht harbors and boating facilities.
(cl Residential uses in connection with the operation of any permitted uses shall be permitted in
the CV district.
(dl Buildingg•and ucec simil°r to the mermitted ucec listed in subsection (al above shall be
permitted in the CV dictricL as approved bythe director.
(g) Buildjpgc and ucec normallsonsidered accescorv to the uses cernitted in this section shall
also be permitted in the CV district.
126 ZONING CODE REVISION•R~R~
Section [25-201.] 25-5=123• Height [limits.] jjtpyl, The height limit in ~g CV [districts] district
shall be thirty feet.
Section [25-202.] 25-5=124• Minimum building site area. The minimum building site area in
~I g CV [districts] district shall be seven thousand five hundred square feet.
Section [25-203.] 25_125• Minimum building site average width. [The minimum]
building site [average width] in Shg CV [districts] district shall [be] have a minimum buildin¢ site
average width of sixty feet.
Section [25-204.] 25-5=126• Minimum yards. The minimum yards in ~g CV [districts]
district shall be as follows:
(1) Front or rear yards[:], fifteen feet[.]
(2) Side yards[:], none, except [as required by plan approval.] where the adjoinin¢
b iu IdinE <~~P ~s in a RS RD RM or RCX district. Where the side yard a 'pins the side vard of a buildine
cite in a RC RD RM1" or RCX district there shall be a side yard which conforms to the side vard
rgquirements for dwe[Jjpe use of the adioinine district.
cPPtion 25-5-127 Landscaping of yards
(a) All front yards in the CV district shall be landscapgd except far necessary access drives and
walkwavs•
Where regl~ired side or rear yard in the CV district adjoins a buildine site in a RS. R_D. RM or
R('X dictrict the side or rear vard shall be landscaped with a screening hedge not less than forty-two
inches in hgjeht within five feet of the propg~y lineexcept for necessary drives and walkwavs.
Section [25-205.) 25-5_128.Other regulations.
(a? Plan approval [is] shall be required [of] ~ all new structures and [uses] additions to existing
structures in j]lg CV [districts.] district.
(bl x ptions to the fgyulationc for the CV district ree
ra
dine hgght<_. building site areas_
b ~i~ Idine cite averae~ widths and yard< may be aRproved by the director within a Dlanned unit
dev "lopment or Qroject district.
P' " ioo 13 MGX Industrial-Commercial Mixed Districts
c4Ptian 25-e.1:0 Purpose snd appli abili .The pnrn~se of the MCX (industrial-commercia!
TIYP ~ ice) dlstrlct Ic IO alloy mlxln¢ f come industrial uses with commercial uses The intent of thie
dictrict is to provide for areas of diversified bu<inecsec and employment oDDOrtunitits by cerrnittin¢ a
broad canoe f
<PCy~rithouc exp4.~in¢ non-indu<trial uses to unsafe and unhealthy environment<. 'lllis
dictrict is intended to promote and maintain a viable mix of light indu<trial and commercial use_<<.
127 ZONING CODE REVISION•Wm~eyar v~
Section 25-5-131 Designation of MCX districts Each MCX (industrial-commercial mixed
Wig) dicr~~~r shall he designated by the symbol "MCX" followed by a number which indicates the
minimum land area in number of thousands of sGUare feet regyired for each building site
Section 25-5-132. Permitted uses.
ja) The following uses shall be permitted in the MCX district•
Agricultural products processing. minor.
(2) Amusement and recreation facilities. indoor
Art galleries. museums.
(4) Automobile sales and rentals.
Automobile service stations.
(6) Bars and nightclubs.
(7) Broadcastine stations.
($j Business services.
j9) Car washine.
jl,) at ripgestablishments.
jll) Cemeteries and mausoleums. as permitted under chapter 6. article I of this code.
jJZ) Churches. templgs and sy~agogues•
(I't) Cleaning•plantc using onlKpon-flammable hydrocarbons in a sealed unit as the
cleaning gent.
j 14) Commercial par • lots and gara s
5) C^^+^+unity buildingg. as permitted ~!nder section 25-4-1 I.
(161 Convenience stores.
(17 Data processing facilities.
(18) DaYlarecenters.
(19) Financial institutions.
j20) Food manufacturing and processin¢.
(2ll Home jmprovement centers.
j~~) Kennels commercial includipg animal hounds and shelters_ Drovided kennels for
more than two animals shall be sound attenuated.
(73) Laboratories. medical and research.
(j~) Manufactwring,yroceccingandpackag~g.ectablichments.li¢ht.
(95) Medical clinics.
(26) Mee[ingfacilities.
(27) A"otion pjgtu~P and television production studios.
128 ZONING CODE REVISION•RY ~Mr
~
(281 Ot~ices
(291 Photogr~nhic processine.
(~Ql Photography studios
(311 Plant nurseries.
(321 Public uses and structures. as permitted under section 25-4-I I.
(331 Publishing~lants for newspapers. books and magazines. printing shoos.
carto~phing. and duplicating processes such as blueprinting or photostatine shoos
( 43 1 Rgpair establishments. minor.
L351 Restaurants.
(361 Retail establishments.
(371 Salec and service of machinery used in agricultural production.
(3,81 Schools. businesc_
(~Ql Schools. photoeranhv. art. music and dance.
(401 Schools. vocational.
Lll Self-storage facilities.
L42~ TelP.,nmmunications antennas. as permitted under section 25-4-12.
(4~1 Temporarv~al estate offices. as permitted under section 25-4-8.
(~41 Theaters.
(451 Utililysubstations. as permitted under section 25-4-I 1.
(461 Veterinary establishments in sound-attenuated buildin¢s.
(471 Warehousin¢.
(481 Wholesaling and distribution operations.
Lkl In addition to those uses uennitted under subc_ection (al above. the following uses c_hall be
permitted in the h"CX district p~vided that a use permit is issued for each use:
(U Crematoriums.
(31 Maior outdoor amusement and recreation facilities.
(31 Yacht harbors and boating facilities.
(cl Building~3nd aces normallKconcidered directly accessory to the uses permitted in this
section shall alto bg-permitted in the MCX district.
$ection 25-5-133 Height limit The height limit in the MCX district shall be forty-five feet.
Se~~ion 25-5-134 Minimum building .ite area. The minimum buildin¢ site area in the MCX
district shall be twenty thousand square feet.
$e~tion 25-5-135 Minimum beildingyite average width. Each building site in the MCX
district shall have a minimum buildin¢ cite average width of ninety feet.
129 ZONING CODE REVISION-RSmaayar
~g~tion 25-5-136. Minimum yards. The minimum vards in the MCX district shall be as
follows:
(11 Front vards. twenty feet: and
(21 Side and rear vards none except where the adioining building site is in a RS. RD.
RM or RCX district Where the cide or rear propel line adjyins the side or rear yard of a buildine site
io ao ac e n RM RC'X ~nned district. there shall be a side or rear yard which conforms to the side or
rear yard reauirementc for dwelling,use of the adjoining district.
Section 25-5-137 Landscaping of yards.
(al All front vards in the MCX district shall be landscaped. except for necessarv access drives
and walkwavs.
(¢l Anv~quired cide or rear yard in the MCX district adioining a buildingsite in an RS. RD.
Rh" or RCX district shall be landc~ped with a screening,hedge not less than forty-two inches in height.
within five feet of thgprooerty line except for necessarv drives and walkwavs.
$g~tion 25-5-138 Other regulations.
($1 Plan approval shall be regl '~Pd for all new structures and additions to exictinq structures in
the MCX district.
(bl Exc~tions to the regulations for the MCX district regarding heights. building site areas,
building site average widths and vards may be approved by the director within a planned unit
development.
(Article 16.J Division 14. ML, Limited Industrial Districts.
Section [25-214.) 25-5-140. Purpose and applicability. The ML (limited industrial) district
applies to areas for business and industrial uses which are generally in support of but not necessarily
compatible with those permissible activities and uses in other commercial districts.
Section [25-215.] 291. Designation of ML districts. ~]1 ML (limited industrial)
[districts] district shall be designated by the [symbols] Symbol "ML" followed by a number [indicating]
which indicates the minimum [number of] land area. in thousands of square feet, required [pert for each
building site.
Section [25-216.] 25-5-142. Permitted uses.
[(a) The following are permitted uses in ML districts:
(1) Any manufacturing, processing, assembling, research, laboratory, bottling, or
packaging uses which are conducted in a building and from which there is no odor, dust, smoke, gas,
noise, vibration, radiation, or other effect which has measurable nuisance qualities beyond the property
line.
I,jo ZONING CODE REVISION-R~
~
v~nbn
(2) Animal hospitals with facilities for treatment or boarding of not more than twenty
animals.
(3) Automobile parking lots, service stations, and all uses and buildings for the repair,
maintenance, service, and storage of automobiles and trucks.
(4) Bakeries, laundries, cleaning, or dyeing plants.
(5) Carpentry, hardwood product, electrical, plumbing, heating, air conditioning,
furniture, and upholstering shops and storage.
(6) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
- (7) braying, freighting, or trucking yard or terminal.
(8) Living quarters for watchmen or custodians of industrial properties.
(9) Lumber yards and building materials yards but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
(10) Machine, welding, sheet metal, and metal plating and treating shops except the
fabrication by riveting or welding of steel building frames.
(I l) 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.
(14) Terminal, storage or maintenance yards for a fleet of vehicles.
(I S) 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.
(I 8) Lava rock or stone cutting or shaping.
(19) Retail sales incidental and subordinate to a permitted use.
(20) Incidental and necessary services for persons working in a ML district which are
conducted within an integral part of a main structure with entrances from the interior of the building and
having no display or advertising visible from the street.
(2l) Restaurants.
(22) Aquaculture activity.
131 20NING CODE REVISIONfi~~x ~
(23) Buildings and uses normally considered directly accessory to the above permitted
uses.]
The following uses shall be permitted in the ML district:
(Il AQriculturalproducts processing. minor.
(2) Airfields. heliports and private landinestrios.
(3) Animal hospitals.
(41 Animal quarantine stations.
(51 Aggaculture activities.
(61 Automobile and truck storage facilities.
(71 Automobile and truck sales and rentals.
(81 Automobile service stations.
(91 Bakeries.
(I01 Bars•
(Ill Broadcastinp,~tations.
(121 Carwashinc.
{13) Caroentrv hardwood products and furniture manufacturing and storage
establishments.
(141 Catering establishments.
(I51 Cemeteries and mausoleums. as permitted under chapter 6. article I of this code.
(161 Churches. temples and synagogues.
71 Cleaning and wing plants.
(]~l Commercial parking lots and gara¢e<_.
(191 Community building~as permitted under section 25-4-I 1.
(20) Contractors' yards for egsipment. material. and vehicle storage repair or
maintenance.
(211 Day care centers.
(221 Financial institutions.
(231 Food manufacturing and processing facilities.
(?41 Greenhouses- pant nurseries.
( 1 H a ysDl~oment sales, service and rental.
(Z,¢l Home impLpvement centers.
( 71 mk yards. pLgvided that the building site is not less than one acre in area.
(?g) I aboratories medical and re<earch
(291 Laundries.
132 ZONING CODE REVISION-Ram~ayx
(30) Lumber yards and buildine material yards but not including concrete or asphalt
mirirtp and the fabrication by riveting, or weldingof steel building frames
(311 Manufacturing~procescine and pacl~gine establishments lieh[
Motion picture and television production studios.
(331 Photographic processine.
(341 Plumbing electrical air conditioning and healjng establishments
(3S~ Puhiic uses and srn~ctures. as permitted under section 25-4-1 I
(3S1 Publiching~lantc for newspapers. books and magazines. printing shoos.
cartog~hing,,and dpplicatin~processec such ac blugprinting or oto tati0g h~
oo„
(}~l Recycling centers which do not involve the processing of recyclable materials
1, {j81 R@pair establishments. minor.
(391 Restaurants.
(401 Self storage facilities.
(411 forage and sale of seed feed fertilizer and other products essential to agricultural
DI99S-gllQtl. '
(/1?l TelPenmmllnl ati~n antennas. as permitted under section 25-4-12.
(431 Tempyjarv real estate offices- as permitted under section 25-4-8.
(441 Transportation and tour terminals.
(451 Truck frejyht and Braving terminals.
(46) Utilirv facilities. public and private. including offices or yards for egyipment
material vehicle storage. repair or maintenance.
(471 Utility substations. as permitted under section 25-4-1 I.
(481 Veterinary establishments.
(491 Vocational schools.
(501 Warehousing, which does not include retail sales or discount houses or
rctablishments opyn to the gsneral public or defined members.
(511 Wholesaling~nd distribution. including the c_torage of incidental materials and
gquioment exggpt for higbJv flammable or ex lop live products.
(¢j In addition to those aces permitted under <ubrection (al above. the following uses shall be
permitted in the D"L district provided that a uc_e permit is issued for each use:
[ll Crematoriums.
(?•1 Maior outdoor amusement and recreation facilities.
L31 Yacht harbors and boating acilities.
133 ZONING CODE REVISION-Ra ~
(cl The following uses shall be permitted in the ML district as incidental and subordinate to anv
permitted use:
(I l Living quarters for watchmen or custodians in connection with the operation of any
permitted use.
(~1 Retail sales.
(31 Services for persons working in a ML district which are conducted within an
'~rPgr~LRart of a main crnicrure with entrances from the interior of the building and which have no
disolav or advertising visible from the street.
(dl Buildjtigs and uses normallysonsidered directly accessory to the uses permitted in this
section cha113Lco be permitted in the ML district.
Section [25-217.] 25.5;143. Height [limits.] limit. The height [limits] ]jmjl in tllti ML
[districts] district shall be forty-five feet.
Section [25-218.] 25_5=144• Minimum building site area. The minimum building site area in
Ihg ML [districts] district shall be ten thousand square feet.
Section (25-219.] 25-5=145• Minimum building site average width. [The minimum]
building site [average width] in Shg ML [districts] ditlC]~1 shall [be] have a minimum building site
averagrr
width of seventy-five feet.
Section [25-220.] 25-5=146• Minimum yards. Minimum yards in ~ ML [districts] district
shall be as follows:
(I) Front yard[:], fifteenfeet[.J;~d
(2) Side and rear yards[:], none, except [as required by plan approval.] where the
adioining huilding„SirP .c in a RS RD RM or RCX district Where the side or rear orooertv line adioins
the side or rear yard of a building c~rP in an RS D. RM or RGX district. there shall be a c_ide or rear
yard which confortnc to the tide or rear yard quirements for dwelling uc_e of the adioinin¢ district.
Section [25-221.] 25-5-147. Other regulations.
(a) II front vardc in the D" .district shall be landscaped. except for drives and walkways.
(]1) Where anv required tide or rear yid in the ML. district adioins a building site in a RS_ R_D.
RAC or RGX district the side or rear yard shall be landscaped with a screening hedve not !ess than forty-
two inches in hei t alo0g the side or reaLpro lines so adioining_ except for necessary drivec_ and
w w
jp) Plan approval [is] shall be required [ofJ ~ all new swctures and [uses] additions to existin¢
structures in jhg ML [districts.] district.
134 20NING CODE RENSION•Ramry~~~N
(~l Exceptions to the r~ulations for the ML district reeardine hgohts buildinE site areas.
building site average widths and yards may be aooroved by the director within a panned unit
development.
(Article 15.[ Division 15. MG, General Industrial Districts.
Section [25-206.) 25_5_150. Purpose and applicability. The MG (general industrial) district
applies to areas for uses that are generally considered to be offensive or have some element of danger.
Section [25-207.[ 25-5-151. Designation of MG districts. MG (general industrial)
[districts] district shall be designated by the [symbols] svmbp1 "MG" followed by a number [indicating]
which indicates the minimum land area. in number of thousands of square feet, required [per] for each
building site, or if the number is followed by the symbol "a," by the minimum number of acres required
[per] for each building site.
Section (25-208.) 25-5-152. Permitted uses.
((a) The following are permitted uses in the MG districts:
(I) Any of the permitted uses in a ML district.
(2) Brick and pottery factories.
(3) Bulk storage of flammable products and bulk storage of explosive products by use
permit.
(4) Concrete block and concrete products manufacturing.
(5) Concrete or asphalt hatching and mixing plants and yards.
(6) Fabrication plants or yards for steel or other metal frames for buildings.
(7) Lava rock or stone cutting or shaping.
(8) Marine railways, drydocks, and ship or boat yards.
(9) Public and private utility lines and facilities including power plants, offices, or yards
for equipment, material, vehicle storage, repair, or maintenance.
(l0) Incidental and necessary services for persons working in a MG district when
conducted within an integral part of a main structure with entrances from the interior of the building and
having no display or advertising visible from the street.
(I 1) Living quarters for watchmen or custodians of industrial properties.
(12) Animal hospitals.
(13) Animal quarantine stations.
(l4) Animal sales, stock, and feed yards.
(IS) Breweries, distilleries, and alcohol manufacturing.
(16) Cement production plants.
(l7) Dumping, disposal, incineration, or reduction of refuse or waste matter.
20NING CODE REVISION•Ramaeyx vsnbn
135 oRnFr vereo
(l8) Fertilizer manufacturing plants.
(19) Fish canneries, processing, or packing plants.
(20) Meat processing, curing, or packing plants.
(21) Pineapple or other fruit and vegetable processing and canning plants.
(22) Production and processing of wallboard, or other wood or pulp products.
(23) Public dumps.
(24) Reduction, refining, smelting, or allowing of metals, petroleum products or ores.
(25) Sale, storage, sorting, and processing ofjunk, waste, scrap, discarded, or salvaged
material, machinery, automobiles, or equipment.
(26) Sawmill or planing mill and yards.
(27) Slaughterhouses.
(28) Storage, curing, or tanning of raw, green, or salted hides or skins.
(29) Sugar mills or refineries.
(30) Any other use not otherwise permitted that relates to the manufacturing,
transportation, processing, assembling, distributing, repairing, and storage of goods, products, or
materials.
(3 I) Restaurants.
(32) Aquaculture activity.
(33) Buildings and uses normally considered directly accessory to the above permitted
uses.]
(a) The fallowing uses shall be permitted in the MG district:
(I) A¢ricultural products processing. major and minor.
Airfields. heliports and private landing strips.
(3) Animal ho_sDitals.
(4) Animal quarantine stations.
(5) Animal sales. stock. and feed yards.
(6) Aquaculture activities and facilities.
(7) Automobile and truck storaggfacilities.
(8) Automobile body and fender establishments.
(9) Automobile service stations.
(10) Bakeries.
(1 I) Bars.
f~) Breweries- distilleries, and alcohol manufacturing facilities.
{13) Broadcas(jpEc_tations.
136 ZONING CODE REVISION-Ra ~
(]4) Bulk stodge of flammable products and bulk crnrage _f _xpJO_, e p Icrc
(15) Carwashine.
(16) Caterinyestablishments
(17) Cemeteries and mausoleums as pgJr Witted under chap[ ~ ~ arricle I of thi code
(1$] Churches. temples and synagogues.
((9) Cleaning and dyeing.Dlants
(20) Commercial parking lots and garaees.
(211 Community buildings. as permitted under section 25-4-11.
(22) Concrete or asphalt hatching and mixine nlants and yards.
x(23) Contractors' vards for eouioment. material. and vehicle storage. repair. or
maintenance. -
(24) Day care centers.
( ) mpjng disposal. incineration. or reduction of refuse Or waste matter.
(26) Fabricating_es[ablishments.
(27) Fertilizer manufacturing plants.
(28) Financial institutions.
(29) Food manufacturine and orocessingjacilities.
(30) Freight movers.
(31) Greenhouses. Dlgnt nurseries.
( ) H avygq~pment sales. service and rental.
(3~) Home improvement centers.
(~41 Junk vards.
(35) Kennels.
Laboratories. medical and research.
(37) Laundries.
(~8) Lava rock or stone cutting or shaping facilities.
{39) Lumber yards and buildine material yards.
(40) Machine, weldjng. sheet metal. and metal plating and treating establishmentg,
L9J) Manufacturing processing and nacka¢ing establishments. light and general"
(42) Marine railwa>_s. drydocks. and ship or boat yards.
(43) Motion picture and television production studios.
(~}4) PhotogtapJlyc processine.
(45) Public dumps.
L4§) Public uses and structures. as permitted under section 25-4-I 1.
137 ZONING CODE REVISION•Ra~x v~slBn
f471 Publishin¢ plants for newspapers books and magg7~^Pq,,,printina chnn<
cartoeraphing and duRlicatingyrocesses such as blueprints E or photostating shoes,.
1481 Rec cling centers.
1491 Reduction. refining smeltin¢ or alloyingof metals petroleum,product< or ores
(501 Repair establishments major and minor
(511 Restaurants
(521 Saw mills.
~})_Self storage facilities.
41 Slaughterhouses.
L jam,) torage and sale of seed. feed. fertilizer and othe~,products essential to ggricultural
produc[lon
(561 Storag ring or tanning of raw green. or salted hides or skins
($71 Telecommunication antennas. as permitted under section 25-4-12.
(581 Temporary real estate offices. as permitted under section 25-4-8.
(591 Transportation and tour terminals.
(601 Truck. freig t and dr ins terminals.
(611 Utility facilities. public and private. includipg~wer plants. offices or yards for
equipment. material. vehicle storage. repair or maintenance.
(621 Utility substations. as permitted under section 25-4-I I.
(631 Veterinarvestablishments.
(641 Warehousin¢.
{¢51 Wholesaling~nd distribution. includine the storags
pf incidental materials and
gquioment.
[¢61 Yacht harbors and boating facilities.
(bl In addition to those uses nermitted under subsection (al above. the followingylses shall be
permitted in the MG district. ornvided [hat a use permit is issued for each use:
(j) Crematoriums.
{21 Maior outdoor amusement and recreation facilities.
~1 Any other use not otherwise ~rmitted in subsection (al that relates to the manufacturi~.
transportation. processing. assembling. distributing~gpairing• and storage of goods products. or
materials. shall be permitted in the MG district.
(dl The following uses shall be permitted in the MG district as incidental and subordinate to any
permitted use:
138 20NING CODE REVISION•Ramwy
{I l Living~uarters for watchmen or custodians in connection with the pperation of and
permitted use.
(21 Retail sales.
{3J Services f~ persons workin~in a MG district which are conducted within an
integt~al Dart of a main structure with entrances from the interior of the buildin¢ and which have no
disp~ or advertising visible from the street.
(e1 Buildings and uses normallyconsidered directly accessory ro the uses Rermitted in this
section shall also be permitted in the MG district.
Section [25-209.[ 25_5=153. Height [limits.[ limi The height [limits] Jimil in jJlg MG
[districts] district shall be fifty feet. An industrial structure may be built to a height of one hundred feet,
provided the extra height is determined ¢y the director to be functionally necessary.
Section [25-210.[ 25_5=154. Minimum building site area. The minimum [building site] ]Ql
area in jbg MG [districts] district shall be twenty thousand square feet.
Section [25-211.[ ZS_5=155• Minimum building site average width. [The minimum]
building site [average width] in jbg MG [districts] district shall [be] have a minimum buildine site
~verapt width of one hundred feet.
Section [25-212. 25-5=156• Minimum yards.
[(a)] The minimum yards in Ih~ MG (disVicts] district shall be as follows:
(I) Front yard[:], twenty feet[.];~Q
(2) Side and rear yards[:], none, except [as required by plan approval.] where the
~joinine h~~ilding site is in a RS RD. RM or RCX district. Where the side or rear property line adioins
the side or rear yard of a building site in an RS. RD. RM or RCX district. there shall be a side or rear
yard which conforms to the side or rear yard r ~uirements for dwelling use of the adioinin dq ictri~,
Section [25-213.] 25-5;157. Other regulations.
All front yards in the MG district shall be landscaped. except far drives and walkways.
(pl Where any required side or rear yard in the MG district adioins a building site in a RS. RD.
RAC or RCX district a solid wall six feet in height shall be erected and maintained along the side and rear
property lines so adioinin¢.
jpl Plan approval [isJ shall be required [ofJ f~ all new structures and [uses] additions to existin¢
structures in jbg MG [districts.] district.
(dl xQ,~ptione to the ~g~~lations for the V district regarding heiehts. buildins site areas. buildin¢
site aver^g~widths and yards may be gpyroved by the director within a planned unit development
[Article 17.] Division 16. O, Open Districts.
139 ZONING CODE REVISION•Ra eroi0n
Section [25-222.[ 25-5;160• Purpose and applicability. The O (open) district applies to areas
that contribute to the general welfare, the full enjoyment, or the economic well-being of open land type
use which has been established, or is proposed. The object of this district is to encourage development
around it such as a golf course[, country club,] and park, and to protect investments which have been or
shall be made in reliance upon the retention of such open type use, to buffer an otherwise incompatible
land use or district, to preserve a valuable scenic vista or an area of special historical significance, or to
protect and preserve submerged land, fishing ponds, and lakes (natural or artificial tide lands).
Section (25-223.) 25_5=161. Designation of O districts. F.g.~lt O (open) [districts] district shall
be designated by the symbol "O."
Sectioyr (25-224.( 25-516Z• Permitted uses.
[(a) The following are permitted uses in O districts:
(l) Public parks.
(2) The growing of plants provided such growth does not impair a view included in the
stated purposes for adopting the districts.
(3) Golf courses and country clubs if compatible with the stated purposes of adoption.
(4) Heiaus, historical areas, swctures, and monuments.
(5) Existing churches and temples of historical significance.
(6) Natural features, phenomena and vistas as tourist attractions.
(7) Private recreational uses involving no above ground structure except dressing
rooms and comfort stations.
(8) Aquacutlure activity.
(9) Uses considered directly accessory to the above permitted uses.]
(aLThe followinQyses shall be permitted in the O district:
(I l ADUaculRre activities and facilities.
f11 meteriec and mausoleums as ~rmitted under chanter 5 article 1 of this code.
(il Gommupj(y buildin¢s as cermitted under section 25-4-1 I.
(41 Fxictin~h I~ h and temple of
historical sisnifficance.
(51 Forestry.
(61 Game preserves.
(71 Golf courses.
{g) rowine of is provided such e~n„„rh rlnes oM imoair a view intended to be
preserved in the O district.
(Q) Heiaus historical areas ctructurcc and monuments
Ol Natural features yhenomena. and vistas as tourist attractions.
14~ ZONING CODE REVISION•RamMry ~
{lll Private recreational uses involving no above ground structure except dressing
rooms and comfort stations.
(I21 Public parks.
(ltl Public ucec and ctnlctures as Dermitted under section 25-4-1 l
(141 Telecommunication antennas as permitted under section 25-4-12
(1 1 tility substations ac permitted under section 25-4-I 1.
In addition to those uses permitted under subsection (al above the following uses shall be
Dermitted in the O district provided that a use permit is issued for each use:
Crematoriums.
{51 Efcec considered directly accessorv to the ucec permitted in this section shall also be
Rermitted in the 0 district.
Section [25-225.] 25-5-163. Height [limits.] limit. There shall be no height [limits] jjt~( in jbg
O [districts] district, except as specified as a condition of approval attached to any use permit or plan
approval. For this purpose, the [planning commission shall use the regulations) height limit in the
adjoining districts shall be used as guides.
Section [25-226.] 25-5-164. Minimum building site area. There shall be no minimum
building site [areas] area in the O district, except as a condition of approval attached to any plan
approval. For this purpose, the [planning commission shall use the] minimum buildjpg site area
regulations in the adjoining districts shall be used as guides.
Section [25-227.[ 25-5-165. Minimum building site average width. There shall be no
minimum building site average width in j[Ig O [districts] district, except as specified as a condition of
approval attached to any plan approval. For this purpose the [planning commission shall use the]
minimum building cite average width regulations in the adjoining districts shall be used as guides.
Section [25-228.] 25-5-166. Minimum yards. There shall be no minimum yards in Sig O
[districts] district, except as specified as a condition of approval attached to any plan approval. For this
purpose, the [planning commission shall use the] minimum vard regulations in the adjoining districts
shall be uc_ed as guides.
[Section 25-229. Reserved.[
[Article 18. U, Unplanned Districts.)
[Section 25-230. Purpose and applicability. The U (unplanned) district applies to areas not
subjected to sufficient studies to adopt specific district classification.]
[Section 25-231. Designation of U districts. U (unplanned) districts shall be designated by the
symbol "U."]
[Section 25-232. Permitted uses.
141 ZONING GODEREVISION-Rr~us~m ~
(a) The following are permitted uses in U districts:
(I) One single-family dwelling per building site.
(2) Agricultural uses and buildings, provided that all buildings and pens used for the
enclosure of animals, except a boundary fence must be at least one hundred feet from any property line
and fifty feet from any residence.
(3) Processing of agricultural products, which are raised or produced by an agriculturist,
who shall substantiate such agricultural activity by the submittal of a general excise tax license to the
planning department for acceptance. The processing facility(ies), which may include activities of
milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall secure final plan
approval from`dte planning department. The setback requirements for the processing facility may be
increased at the time of plan approval review to minimize potential noise, lighting, odor, vector and air
quality impacts. Additional mitigation measures, such as landscaping, may be imposed to reduce
impacts to surcounding properties.
(4) Processing of agricultural products, which are raised or produced by the agriculturist
as accepted in Section 25-232 (a)(3) and by other agriculturists; provided the processing facility(ies),
which may include activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and
selling, shall secure final plan approval from the planning department. The setback requirements for the
processing facility may be increased at the time of plan approval review to minimize potential noise,
lighting, odor, vector and air quality impacts. Additional mitigation measures, such as landscaping, may
be imposed to reduce impacts to surcounding properties.
(5) Home occupations.
(6) Piggeries and apiaries on sites approved by the department of health and the director.
(7) Hunting and fishing preserves or lodges.
(8) Aquaculture activity.
(9) Buildings and uses normally considered directly accessory to the above permitted
uses.]
[Section 25-233. Height limits. The height limit in U districts shall be forty-five feet.j
[Section 25-234. Minimum building site area. The minimum building site area in U districts
shall be five acres.]
(Section 25-235. Minimum building site average width. The minimum building site average
width in U districts shall be two hundred eighty feet.]
[Section 25-236. Minimum yards. The minimum yard requirements for U districts shall be
thirty feet adjacent to all property lines.]
[Section 25-237. Other regulations.
].42 ZONING CODE REVISION-Ranueym v~ai~
(a) [n order to assure that development is orderly and many small parcels of land do not come
into existence prior to more comprehensive zoning, each main use or main building shall be located on a
building site having not less than five acres.
(b) [f any legal building site in a U district has an area of less than five acres, the minimum yard
requirements of the A district as provided in sections 25-156 and 25-257 shall apply.]
[Article 19. S, Safety District and SF, Safety Flood Hazard District.]
[Section 25-238. Purpose and applicability.
(a) The S (safety) district applies to areas subjected to potential danger of life or property
because of flash floods, earth or rock slides, action associated with earth faults, (tsunami) tidal waves,
volcanic actipD,: or any other natural phenomenon. The regulations governing safety districts shall be the
same as otNtY disVicts qualified as a safety district.
(b) The SF (safety flood hazard) district shall apply to areas designated by the Federal Insurance
Administration as being subject to special Flood and tsunami hazards.]
[Section 25-239. Designation of S and SF districts.
(a) Each S (safety) disVict shall be designated by the symbol "S" on the zoning map.
(b) Each SF (safety flood hazard) district shall be designated by the symbol "SF" with the
following suffixes as applicable:
(I) The elevation of the Flood level (referenced by mean sea level (MSL)) shall be
indicated on the zone maps by a numerical suffix to the symbol "SF' ;and
(2) For sheet Flow conditions, the alphabetical suffix D shall indicate that the area is
subject to undetermined, but possible Flood hazard.]
[Section 25-240. Use permits. No structure may be erected in any S district unless or until a
use permit has been issued therefor. No use permit for a structure intended for occupancy by people in
any S district may be issued unless or until the council by prior action has considered and approved
special standards of construction and special safety precautions which are designed for and, in its
opinion, will eliminate or substantially reduce the potential danger from the above listed sources.]
[Section 25-240.1. Height limits. The height limits in S and SF districts within the South Hilo
district shall be limited to ninety feet.]
143 ZONING CODE REVISION•RamteyM ]6100
Article 6. Optional Development Regulations.
(Article 21.J Division 1. Planned Umit Development (P.U.D.).
Section [25-245.] 25_6_1. Purpose. The purpose of planned unit development (P.U.D.) is to
encourage comprehensive site planning [productive of optimum adaptation] that adapts the desi¢n of
development to the land, by allowing diversification in the relationships of various uses, buildings,
structures, open spaces and yards, building heights, and lot sizes in planned building groups, while still
insuring that the intent of this chapter [shall be] jg observed.
Section [25-246.] 25-6-Z. Minimum Jgp~ area (requirement.] reouired. The minimum ];p~
area reouired [ofJ f4t a P.U.D. shall be two acres.
SecPien (25-248.] 256-3. Application for P.U.D. (approval.[ permit: requirements.
[(a) Application] An application for a P.U.D. [approval] permit shall be [made] on a form
prescribed for this purpose by the [planning department] director and shall be accompanied by:
(1) [Filing and processing] A (line fee of [$100; and] $500.
A v~itten description of the proposed project. including the following information:
(Al A decc~jption of the property in sufficient detail to determine the r i
location of the prone 'nvolved:
(Bl A statement of o~jgctives and reasons for the reQpested P.U.D. permit-
includine an ana(ycic of how the reghP<t sati<fiec the ctandardc contained in section 25-6-10:
(('1 A list of all reque<ted deviations or variances from the requirements of
~hapsg~ 73 (cubdivisionsl and chaps r (zoningl of the County code:
(Dl A cchedule for the timetable of the proposed development: and
(El An analysis of the relationship of the proposed development to the general
plan.
[(2)]j}~ Drawings and plans comprising a general development plan covering the entire
area of the P.U.D. [showing:] and rop vidine the following information:
(A) Uses, dimensions, and locations of proposed swctures;
(B) Widths, alignments, and improvements of proposed streets and pedestrian
and drainage ways;
(C) [How the property could be divided] Any proposed subdivision of property
for individual parcel sale;
(D) Parking areas;
(E) Public ar ac and uses; anti
(F) Landscaping and open spaces[;],
[(G) Schedule of development;]
IONING CODE REVISION•Ranwyx wnbn
144 DRAFT 7/eiou
[(H)] L4,] Architectural drawings for all buildings other than single-family [dwelling]
wd ellin¢s demonstrating the design and character of the proposed buildings and uses[; and],
(51 A list of the names. addresses and tax map key numbers of all surrounding owners and
I
c~ ,ge_~4.f.prooerty interests in~rooe within the boundaries established by section 25-2-4
[(I)]jfzZ Any other information or plans [deemed necessary by the planning department to
a determination that approval of any requests for sign approvals, plan approvals, use permits or variances
contained in the proposal are justified by this procedural method.] lgquired by rules adopted by the director
in accordance with chapter 91 Hawaii Revised Statutes.
[Section 25-249. Procedure for processing application. The procedure for processing an
application for approval of a P.U.D. shall be the same as that provided for a variance application as set
forth in division 4, article 1 of this chapter.]
Section 25-5-4 Notice of action on P.U.D. application.
(al Ipon acceptance of a P U D application. the director shall fix a date for the director's
action on [he application ~'lithin ten davs after receivinE notice of such date. the applicant c_hall serve
notice of the application on curroundinE ownerc and lessees of record ac provided by section 25-2~
T~applicant shall alto serve notice on ownerc and lessees of record of interests in other properties
which the director may find to b~ directly affected by the P.U.D permit sou¢ht.
1bl The director shall pyblish notice in accordance with the provisions of this chaoter.of the
date of the proposed decision ¢y the director and the date by which written corr>_mentc must be received
IzYthe director.
Section [25-247.[ 25-6-5. [Proposed use not permitted in district; application for rezoning.]
Procedure for processin~pplication when use not permitted in district. [No P.U.D. shall be
considered by the planning department] An application for a P.U.D. permit that proposes a use [that is] not
permitted either directly or as a conditional use within [the] a district [unless] ~ be considered by the
director only if a separate application for [rezoning accompanies or has preceded the filing of the
application for approval of the P.U.D. in which case the two items shall be considered simultaneously.
Should the use be appropriate, the approval of the P.U.D. shall not be effective until the ordinance
adopting any necessary change of district shall have become effective.] a chan_¢e of zone is filed
rnoc I~*enth with or prior to the P U D permit application The P U D permit application and the chance
of zone annlic hall be considered concurrently and anv PP l1 D approved by the director shall be
affective only when the chance of zone ordinance becomes effective
Section [25-252.[ 25-6-6. Actions [permitted on application.[ )'~y director on P.U.D. permit
gpnlications.
145 ZONING CODE REVISION-Rarr~a ~
(a) [The planning department may deny, approve, or conditionally approve an application for a
P.U.D.] Except ac provided in section 25-6-5 the director hall within ix c after ~^~PptancP ^r~
P.U.D. permit application. deny the application or approve it subject to conditions
(b) [On any P.U.D. the planning department may make any considerations and apply any
conditions indicated under the procedure for processing applications for plan approvals, use permits, or
variances.] The conditions imposed by the director shall bear a reasonable relationship to the P U D permit
issued. and to the approved uses. plans. and variances of district standards: Drovided. however that no
improvements or alterations off-site of the~r~ject shall be required as a condition of a use permit,
[Section 25-253. Imposition of conditions upon approval. Any conditions imposed by the
planning department upon approval of an application or P.U.D. may include but are not limited to] 7hg
conditions may include. but not be limited to the following:
{1j [the time within which the project shall begin and be completed,] Commencement and
completion time frame for the project:
[changed boundaries of the project,] Bounda~and density chances approved in the
protect:
1:31 [uses permitted,] Uses that are prohibited or limited:
{,91(specificationoff $pecifications far the minimum development standards[,];
{SJ [specified street dedication and improvement,] Specifications for street improvement
and dedication:
[utilities] Utilities to be furnished(,]; and
{Zj [a list or limit of] The extent and limitations upon the variances permitted.
[Section 25-250. Partial approvals.] (F,1 The director may. within the six(y day
period after
acceptance of a P.U.D. permit application. Brant a [Partial] pa~ja[ approval [may be given] of the request
where (architectural] all plans and drawings have not been submitted with the original application [for
approval of a P.U.D., but]. Provided. however. that no building permit shall be issued, nor ~a]j any
construction on the property commence until the drawings have been [considered] reviewed and approved
by the [planning department] director and full [approval of the P.U.D. secured.] P.U.D. p~rtnit aRproval
has been issued.
{dl When plans and drawinpc are submitted after a partial approval of a P.U.D. permit application
hoc been issued under subsection (cl above the director shall review the drawings and shall either issue a
full P U D permit approval or day the request for full P.U.D. permit approval within thirty days from the
date that the drawings are filed by~he applicant. Notwithstanding provision contained in this chanter to
the contrary the denial of a request for a full RU.D permit shall not prevent an applicant from
resubmitting a revised P.U.D. permit application at any time.
146 ZONING CODE REVISION-Ram q
x v~ bin
(e~ If the director fails to act ypon a P U D. permit application within the prescribed sixty day
period as re iq~
ra ed bysubsection (al above. the anplication shall be considered as having been denied and
the director shall immediately inform the applicant of such denial [f the director fails to act up4,p filed
plant and drawiggc within the Ihirtv day period regpired bysubcection (d) above thg_plans shall be
considered as having been apRroved and a full P U D permit issued
cecrton 25-6-7 Review of director's action b~non-ap lip cant.
(al If the director orantc a P U D permit over the timely written obiection submitted by an
int r ct~parlV the interested p;~y may_rggllPCt the commission's review of the director's action. For
pyronces of thi< section an "interested paJ~' means a person who (11 has a Drooerty interest in the subject
pronertr or (21 owns or is the recorded lessee of property within the boundaries established by section
ZS 2 4• or (31 can otherwise demonstrate to the <ati<faction of the commission that such person will be so
dir tlyand immediately affected byshgpro~+n«d P U D hermit that the person's interest in the action is
clearjy dictin~ishable from that of the general Dublic The ~q~est ¢y an interested p~ mutt be made in
~ti 'ti g within fifteen days after notice of the direrrnr'c d cidnn. and shall contain a statement of the
grounds of the objection The r@gnect shall be accompani d by anon-refundable filing fie of $250.
(¢1 The commission shall accFpt a r~yle<t for review of the director's action only if the request is
< Ihmitted in writing~y an interested,percon within the time period prescribed by sybsection (a1 above. The
commiccion shall consider the [west at a regpJarly scheduled meeting,Qf the commiccion at which time
t applicant and the person who requested such review shall have an oooortunity to be heard. Within
foriv five days after the receipt of a request for review the commiccion shall determine either that the
director ¢ranted the P U D permit
nroD rly or that sufficient sauce ecistc for a Dublic hearing on the
matt r If the commiccion fails to make «ch determination within the prescribed time the director's action
shall be considered ac having been affirmed.
(Gl If the commiccion determines that a pl blic hearin¢ is nececsarv it shall promptly <chedule the
py¢lic tiearin¢ at v~hich time the applicant anyinterested party
and members of the ¢eneral Dublic shall
have the oppnrrnnity to be heard on the application A Conte<ted case hearin¢ ac defined in chanter 91.
nu o" Revised Statutes shall not be held by the commiccion on anv~cermit application
Plithin ten day fte 'n¢ notice of the date of the nllblic hearing the interested party
shall Gene notice of the hearin¢ on th~ypolicant and on curroundin¢ owner< and lessees of record as
prop ided b~ section 25 2 4 The interested party shall alto serve notice on owners and lessees of record of
interests in otheir,nrooerties rihich the commiccion may find to be directly affected by the P U D permit
SQSIg11L
jet The commiccion shall prow ide notice by publication of the public hearing in accordance with
t~prnvicion<_ of this chanter.
ZONING CODE REVISION-Ramwra vanbn
IQ7 DRAFT 71SNY
(Q Within ninety days of its decision to hold public hearing on the matter, or within a loner
period as may be agreed to by the applicant. the commission shall either deny the P.U.D. application or
gpprove it subject to conditions. sta[in¢ the factual findings supporting the P.U.D. approval or denial If
the commission fails to render a decision within the prescribed time the director's action shall be
considered as havin¢ been affirmed
$gction 25-6-5. Appeal of director's action ¢y applicant.
~ If the A7~Prrn~ rlPnirC a P,~
I n per**+.it application. such decision is final except that. within
the days after the date of the written decision the applicant may~ppeal such action to the commission
An anal by an applicant to the commission shall be submitted in writing to the commission
pn a form prescribed by the commission and shall be accompanied bv-
(11 Anon-refundable filing~'ee of $250: and
_ (1 T n opies of a statement of the sp ifi grounds for the appeal.
jp) The rnmmicc~nn shall provide notice by publication of the public hearin¢ in accordance with
t~provisions of this chapter.
The commiccion shall provide written notice of the public hearing. at least ten days prior to the
hearing, to persons who had submitted timely objections to the P.iL.D. permit application before the
director's action.
(el The commission shall conduct a ppblic hearing within a period of sixty days from the date the
written appeal is accepted by the commission unless that period is waived by the applicant. A contested
se hearing, as defined under chapter 91 Hawaii Revised Statutes shall not be held by the commission on
~v P U.D permit appeal.
(fl Within ninety days after acceptance of an applicant's P.U.D. permit appeal, or within such
[Qprer period as makbe aagreed to by~he aapplicant the commission shall affirm. modify. or reverse the
director's action.
(gl All actions of the commiccion shall contain a statement of le¢al and factual bases for its
decision in accordance with the criteria contained in section 25-~.
(jlj A decision to affirm mom or reverse the director's action shall repuire a majority vote of the
total memberchjp of the commission If the commission fails to render a decision to affirm. modify. or
re erce the director's action within the preccribe~period the director's action shall be considered ac havin¢
been affirmed.
$ecf'nn 26.9 Farther anoesl ~jghi All actions of the commission are final except that.
within thirty days after the date of the written decision any p rce
_on aggrie~Pd by the decision of the
ay Appeal such action to the board of apceals_ in accordance with this chapter.
Section [25-251.[ 25-6-10. [Findings by plaoniog department to approve P.U.D.j Criteria for
granting s P.U.D. permit.
148 ZONING 000E REVISION-R~msay~mrwnlu~
[(a) [n order to approve a P.U.D. the planning department shall find the following:] A P.U.D.
Kermit may be p,~r nted by the directo~ypon findine that
[(1)]f,~ The construction [on] 'the project [shall] ~p begin [within a reasonable period
of time from the date of full approval] and [shall] be completed within a reasonable period of time(.] f[4m
the date of full approval.
[(2)](f~ The proposed development substantially conforms to the general plan.
[(3)]jpZ [All] Qpy residential Qr agricultural development shall constitute an environment
of sustained desirability and stability[, shall be] for the district that is in harmony with the character of the
surrounding [neighborhood,] area. [and shall result] that results in an intensity of land [utilization] ~g no
higher than[,;,and] that otherwise specified for the district. and that maintains the standards of open space at
least as higbas [permitted or as] Shpt otherwise specified for the district in which [this] jbg development
occurs.
[(4)]~ [AIIJ Bpy commercial development shall Il41 create [noJ traffic congestion[, shall
not] which exceeds that which would have been produced under conventional development patterns.
practices. and standards in the district or interfere with any projected pyyji~ improvements, shall provide
for proper enVances and exits along with proper provisions for internal Vaffic and parking, and [shall] be
an attractive center [with no adverse effect] which does not adversely impact upon [the] adjacent and
surrounding existing or prospective [development.] developments.
[(5)](g) [All] Apy 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] mot adversely impact upon adjacent and surrounding existing or prospective development.
[(6)JjQ The development of a harmonious, integrated whole justifies exceptions, if
required, to the normal requirements of this chapter, and [that] the contemplated arrangements or use make
it desirable to apply regulations and requirements differing from those ordinarily applicable under the
district regulations.
Section 25-6-11. Height exceptions authorized.
[(b)] ~ A building [proposed] itRRl~ under a P.U.D. pp)» may exceed the height limit
specified under the [zoned] yQIIjttQ district of the property and [from the requirements of section 25-56 of
this division. However,] the height limits under section 25-4-22: provided. that the maximum height of the
building shall not exceed seventy-five feet.
[(c)J A building (proposed] approved under a P.U.D. permit and situated within a [zoned]
yQnjnr district which exceeds the height limits specified [within this section] ypsJer subsection (a) may be
permitted at the higher height [limit specified under regulations] limits prescribed for that [caned] 7~jpg
district.
149 ZONING CODE REVISION-Ra ~e~wnla+
Section [25-254.] 25-6-12. Approval of [P.U.D.; effect on requirements for variance,)
variances, use [permit, orJ permits and plan (approval.) gpprovals issued under P U D permit
(a) [Application for an approval of a P.U.D., wherein variances from the standard regulations are
approved or wherein uses normally requiring use permits are permitted, shall be deemed to be in
compliance with all the necessary procedures for securing or granting a variance or a use permit.] I~
~gparate or additional variance Dermit or use permit shall be required for anv variance or use approved
under a P U D permit and any variance or use approved under a P.U.D. permit shall be considered to be
in compjjance with the reggjred procedurec for obtaining a variance or use p
(b) [Where completed drawings are considered, approval of a P.U.D. shall be deemed to be and
includes plan, approval as provided for in Article 20 of this chapter.] Plan appfoval shall be considered
issued when completed drawings are pproved under a P.U D. permit- and no further action is required for
the issuance of plan approval under this chanter.
Section [25-255.] 25-6-13. Effect of P.U.D. (application approval.) permit on other zonine
provisions. Any P.U.D. as approved,] pgpnit issued shall be subject to all of the conditions imposed jp
the permit and shall be [excepted] exe tgd from other provisions of this chapter only to the extent
specified in [said approval.] the permit.
Section [25-25ti.] 25-6-14• (Extensions] Time extensions and amendments.
(a) [Requests] Anv request for a time [extensions and amendments] extension or an amendment to
[the] st P.U.D. pg[m1I or Ip [its] ~ conditions of a P.U.D permit may be granted by the [planning
department] director upon finding that no change has occurred in relation to the property since the [initial]
P.U.D. [approval] permit was issued or that the approval is still valid with respect to any changed
conditions.
(b) [Within forty-five days after receipt of an extension or amendment application, the planning
department shall take action thereon and may impose additional conditions to meet the intent of the P.U.D.
approval.] i
ne director shall act on anv regl~•st for a time extension or amendment within forty--five days
after the receipt of the ~gquest In ~rantinQ any time extension or amendment. the director may impose
additional conditions to meet the intent of the P U D. permit.
[(c) For any time extension, the application shall be filed in the office of the planning department
not less than sixty days prior to the expiration date.]
[Article 22.] Division 2. Cluster Plaa Development (C.P.D.).
Section [25-257.] 25-6-20. Purpose. The purpose of cluster plan development (C.P.D.) is to
provide exceptions to the [provisions of article 4,] de~eity requirements of the single-family residential
district so that permitted density of dwelling units contemplated by the minimum [lot size] lwjldinl;
requirements is maintained [in single-family districts] on an overall basis and desirable open space,
tree cover, recreational areas, or scenic vistas are preserved.
I5~ 20NING CODE REVISION-Ramser~
vasbnvasbn
Section [25-258.] 25_6_21. Minimum 1;1!!d area [requirements.] u'r .The minimum Igo
area [ofJ ~gguired for a C.P.D. shall be [at least] two acres.
Section [25-259.] 22 [Procedure) implication for [cluster plan developmenLJ C•P•D•
(a) [Application] An apQication for>I C.P.D. [approval] permit shall be [made] on a form
prescribed by the [planning department] director and shall be accompanied by a filing and processing fee
as set forth under chapter 23• the subdivision control code.
(b) The procedure for processing an application for (approval off ~ C.P.D. °ermit shall be [in the
manner] the same as that prescribed for a subdivision application[.] ender chapter 23. the subdivision
control code.
Section [25-260.] 25-6-23• [Restrictions under cluster plan developments.] ComQutation of
maximum number of lots.
(a) [C.P.D. is restricted as follows:
(1)J The maximum number of [lots] ¢uildi sites that may be created [under the] jn,g
C.P.D. [procedure] shall be computed by subtracting twenty percent of the total area [being considered]
p~posed for 1]Lg C.P.D. for street [right-of--way] rjy is-of-wav. and dividing the remaining azea by the
minimum [lot] buildin¢ site area requirement of the single-family residential [district or districts] district(sl
in which the C.P.D. is to be located.
(¢j [This] Thg method of computation QJescribed in subsection (al shall apply [regardless of the
amount of land] whether or not twenty percent of the total land area is actually required for street [right-of-
way.J ~jyhts-of--wav.
Land utilized by utilities for [easement] easements for major facilities, such as electric
vansmission 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] buildin¢ sites that may be created [under thej jp„a C.P.D. [procedure.]
I~1 Land normally subjected to being submerged in water or with slopes in excess of thirty percent
shall not be considered as part of the gross acreage in computing the maximum number of [lots] ¢uildine
sites that may be created [under the] jjLa C.P.D. [procedure].
Section 25-6-24. Minimum lot size in C.P.D.
[(2)] ~ [Under this procedure, lots] Building sites in a C.P.D. may be reduced in area below the
minimum [lot size] area required in the district in which the C.P.D. is located, provided that the average
[lot size] building site of the [lots] ittQa created in the C.P.D. is not below the minimum [lot size] Jiuildinl:
site area required in the district for C.P.D.
((3)] No [lot] buildjpe site in [single-family residential] ~gb, district shall be reduced in area
below the following minimum [standard:]
151 20NING CODE REVISION-R•~ay v~sbs
Area Requirement C.P.D. Minimum Standard
I acre 20,000 square feet
30,000 square feet 15,000 square feet
20,000 square feet (2,000 square feet
15,000 square feet 10,000 square feet
10,000 square feet 7,500 square feet
7,500 square feet 6,000 square feet
Cection 25-6-25 Common land in a C.P.D.
[(4)J The location, extent and purpose of common land proposed to be set aside for open space
or for recreational use within any C.P.D. must be [received and] approved by the [planning department
before the provisions of this section shall apply.] director. A private recreational use such as a golf course
,
or a swimming pool, [whose] w i use is limited to the owners or occupants of [lots] building sites
located within the C.P.D. may be approved as [a] common land. Other uses or sites which may qualify as
common land include historic buildings or sites, parks and parkway areas, ornamental parks, extensive
areas with tree cover, land along usable shoreline areas, and low land along streams or areas of rough
terrain where such areas are extensive and have natural features worthy of preservation and are usable for
normal recreational pursuits.
[(S)] ~ The method of maintenance of common land for open space or recreational use shall be
[acceptable to] aooroved by the director.
[(b) The requirements as set forth under P.U.D. shall apply incases not mentioned under C.P.D.
and which are determined to be applicable by the planning department.]
Section 25-6-26 ARpeal of a C.P.D, decision. Within thirty days after the date of the director's
written decision regarding a C P D - any_Q rce
_on a~~rie_ ved by the decision may appeal the director's action
to the board of appeals in accordance with this chapter
Article 25. [Obana Dwelling Uoit.J Ohana Dwellings.
Section [25-270.] 25-6-30. [Purpose and] General provisions. applicability. [The limitations
and requirements of this chapter shall apply to a lot within the county zoned Single-Family Residential
(RS) district, the Unplanned (U) district, the Residential and Agricultural (RA) district, and the
Agricultural (A) district; provided that:]
Ohana dwellings shall bg,permitted on a buildin¢ sire within the RS RA FA and A districts. orovided
Shat:
(a) [The lot] The buildin¢ site is a legal lot of record as determined by the [planning
department;] director:
(b) Any [lot] building site which is [classified Agricultural by the state land use commission]
within the state land use agricultural district shall be subject to agricultural requirements for farm
tS2 IONING CODE REVISION-R~
dwellings as established by [department rule or] ordinance[;] or by rule of the director. adopted pursuant to
chapter 91. Hawaii Revised Statutes:
(c) All applicable [county requirements, not inconsistent with the ]provisions of this chapter, are
met, including but not limited to, (building height,] heights limits, minimum [yard requirement,] y;~g
[setback,] and parking [requirements]; and
(d) The following public facilities are adequate to serve the ohana dwelling unit:
(l) Sewage disposal system. [A lot on which an ohana dwelling unit would be permitted]
The building site shall be served by a public or private sewage disposal system.. An adequate public
sewage disposal system [to accommodate the ohana dwelling unit] shall meet with the requirements of the
department of public works and an adequate private sewage disposal system, [cesspools,] cesspool or
septic [tanks]~~ [to accommodate the ohana dwelling unit] shall meet with the requirements of the state
department of health.
(2) Potable water supply. [A lot on which an ohana dwelling unit would be permitted]
The building site shall be served by an approved public or private water system meeting with the
requirements of the department of water supply [to] which svstem can accommodate the ohana dwelling
and the main dwelling unit. An ohana dwelling [unit] that is not served by an approved public or private
water system [meeting with the requirements of the department of water supply] may [be permitted to] use
a water catchment system [subject to the] prpvided that the director determines that there is sufficient
annual rainfall in the area [as approved by the planning department and meeting] to accommodate a water
~~~~hment cvctem and water catchment svstem meets the requirements of the department of health and the
department of water supply.
(3) Fire protection. [A lot on which an ohana dwelling unit would be permitted] Eag
building site shall be served by adequate fire protection measures meeting with the requirements of the fire
department.
(4) Streets. [A lot on which an ohana dwelling unit would be permitted] The buildin¢ site
shall gain access to a public or private street meeting with the requirements of the department of public
works.
Section [25- 25-6-31. [Eligibility.] F.linibility for ohana dwelling permit.
(a) [No] AII application for [a permit for] an ohana dwelling [unit] permit on anv building site
shall ~]y be accepted by the director [prior to] a$pt the completion of all subdivision improvements
required [for final subdivision approval for any lot established by a subdivision under the provisions ofJ ¢y
[Chapter] chaotel: 23 [of the Hawaii County Code.] fc~~bdivicionsl for the subdivision in which the
b ~u'IdinQ site is located. For purposes of this [section,] subsection. "completion" [shall mean actual] ~ypg
~ construction of all of the subdivision improvements including the subdivision roads, drainage- water.
153 ZONING CODE REVISION-Ramsay~r wynbn,
and if aRFlic her wactewa[er systems in accordance with approved construction plans which
'rr rovements [has] ]~vg been completed to the satisfaction of the chief engineer.
(b) [No more than] Qr1[y one permit application for an ohana dwelline unit may be active for any
one applicant at any time. Any applicant who has [previously] obtained [a permit for] an ohana dwelling
[unit in the County of Hawaii] permit shall not be eligible [to] ~ apply for a subsequent (permit for
another] ohana dwelling [unit] permit on [a different lot until] ~ buildine site for a period of two years
[has elapsed] from the date on which the [prior permitted] ~t ohana dwelling unit was completed to the
satisfaction of the chief engineer. For purposes of this [section,] subsection. each titleholder and person
named in [the] gp application for an ohana dwelling permit. pursuant to (Section 25- (b) Procedures,]
Section 25-6-29(61. shall be [construed] considered [as an] ~g applicant [or permittee]. The director shall
maintain and keep readily available for public reference a current list of applicants [and permittees] for
ohana dwelling units, including the dates of application and approval or denial.
Section [25- 2~-¢.3Z~[Non-applicability.] prohibited areas.
[The provisions of this article shall not apply to:] Ohana dwellin¢ units shall be prohibited in the followine
areas:
(a) [A lot] Anv building_gite within the [State Land Use Conservation District;] state land use
conservation district:
(b) (A lot] A~Kbuildine site developed under an affordable housing project approved by the state
housing finance and development corporation (HFDC) and/or the [county] Countv housing agency which
has been granted pre-emptions from the requirements of [the Hawaii county code;] this code:
(c) [A lot] Anv buildin¢ .Fite developed as a [Planned Unit Development] planned unit
development (P.U.D.) or a [Cluster Plan Development] Ic ester plan development (C.P.D.);
(d) [A lot] ARv buildine site where more than one dwelling unit is permitted in the [zoned]
lie district, [or is permissible] includine~uildipe sites that Hermit more than one dwelling unit in the
RS [zoned] district[. No ohana dwelling unit shall be permitted on the same lot with a two-family or],
b ~ildi e„Fites with duplex and [multi] lIlllJi]RIt=-family dwelling, [a family] care [home,] homes- [a public
or private care facility, or asingle-family dwelling with transient accommodations;] family child care
hom gtpum livine~acilitiec and cinyle-family dwellings which are transient vacation units:
(e) [A lot] Any buildine~ite which is the subject of an approved vaziance from the provisions of
[the zoning and subdivision control codes;] chic chamfer or chanter 23 (subdivisionsl:
(f) [A lot] Anv building site on which the construction of an ohana dwelling or a second dwelling
unit is specifically prohibited by a change of zone ordinance.
Section [25- 25-6-33. Designation of the ohana dwelling unit.
(a) Regardless of the size of a [lot,] buildine site- [no] II9I more than one ohana dwelling unit
shall be permitted on the same [lot] buildin¢ site with the first single-family dwelling unit.
154 20NING CODE REVISION-R~mNr~~
~
(b) [Through the application and permitting procedures set forth in this article, the planning] Eag
director may designate an existing, first single-family dwelling unit as an ohana dwelling unit in order to
allow permitting of a new first single-family dwelling unit when such existing dwelling is the only
dwelling unit on the [subject property] building site and [it] the dwelling unit complies or will be modified
to comply with all the requirements of this [article.]~jvision.
Section (25- .J ZS-63q. [Maximum height limitation.] Height limit. Except when the living
areas of the ohana dwelling unit and the first dwelling unit are joined by a common wall, floor, or ceiling,
the height limit for an ohana dwelling unit shall [not exceed the maximum height of] ]Zg twenty-five feet,
regardless of [the maximum height limitation in the zoned district.] whether a greater height limit is
provided for the zoning~ictri t
Sectibn (25- .J 25_6_35. [Minimum lot size and yard requirement.] Minimum building ci(p
area and y,Zrds.
(a) The minimum [lot size] building site area fora [lot] building site containing both the first
dwelling and the ohana dwelling unit [in the RS, U, RA, and A districts] shall be [10,000] ten thousand
square feet.
(b) The minimum front, rear, and side yard requirements [to permit the construction or placement
of ] f4[ a detached ohana dwelling unit shall be the minimum yard requirements [stipulated] for the (zoned]
~jng district in which the [subject lot] building site is situated plus an additional five [(5)J feet.
(c) [The] ohana dwelling unit and y single family dwelling unit may be constructed az a
duplex (i.e. there is a common wall or floor/ceiling).
Section (25- .J 25-~36. Guest houses. A guest house, as described in [Section 25-49, Hawaii
County Code,] section 25-4-9. shall not be permitted on any [lot] building site where an ohana dwelling
unit has been permitted or constructed. [In the event a lot contains] ]J; an existing guest house[,] js, situated
on a building,,
is te• an ohana dwelling unit shall not ~ be permitted[, however,] on the building site.
Provided- that an existing guest house may be converted into an ohana dwelling unit in accordance with
the requirements of this [chapter.) division.
Section [25- .J ZS-6-37. Off street parking [required.) g~ces. [Parking shall comply with the
requirements set forth in Section 25-73(a) of the Hawaii County Code.] The number of aa~g gpaces for
an ohana dwellin¢ unit chall be ac provided under section 25-4-51.
Section [25- .J 25-6-3R• [ohana dwelling units and variances.] 1'ariances prohibited. No
variance from [the zoning or subdivision control codes] wither this chanter or chaplet 23 (subdivision).
shall be granted to permit the construction or placement of an ohana dwelling unit(.] on a building,,5ite.
In addition. (An] ;[II ohana dwelling unit shall not be permitted on a [lot] building site for which [haz
been the subject of favorable action on a variance application previously granted from the provisions of
155 ZONING CODE REVISION•Ran~er ~
the zoning and subdivision control codes.] a variance from eif_her this chapter or chaps r
(subdivisions). has already been granted.
Section [25- 25-6-39. [Application form.] AnDlication for ohana dwelling permit:
requirements.
(al [The] Ap application jpffi for an ohana dwelling permit shall be [prepared by the planning
director.] filed with the director on a form prescribed for this purpose by the director. and shall be
accompanied bv:
[Section 25-. Procedure.[
[(a)](jj A [completed application and a] filing fee of $25 [for an ohana dwelling unit
shall be filed with the planning director for review and action.];
• [(b)](1.1 The [application shall be executed by all titleholders and shall include their
individual] names and addresses[. When titled interests in the subject lot are held] of all the owners of the
building,~jt~provided that when the property is owned by a corporation, association, partnership[,] or
trust, the names and addresses of all partners, director, officers, [or] shareholders or beneficiaries holding
an ownership or beneficial interest of gt least ten [or] more percent [thereof] shall be [listed] included: and
[(c)][}1 [The applicant shall submit with the application, an] Ap affidavit. in the form
prescribed by the director. [stating] verifvine that [provisions of any] there is no restriction[,] ~ covenant
[or other land use restriction] applicable to the [subject lot] building site. [by way of a] contained in anv
deed, lease, or other [provision do not prohibit] recorded document. which prohibits the construction or
placement of an ohana dwelling or a second dwelling unit[.] on the buildiny,~ite.
[(d)]f~ The applicant shall [deliver a] serve notice of the ohana dwelling permit application [to
all parties listed in the application who did not execute the application as a titleholder, owners of properties
within three hundred feet of the perimeter boundary of the subject lot, and any known association of such
property owners, informing the recipient that the applicant has made an application for an ohana dwelling
unit. Proof of such service of notice shall be submitted with the ohana dwelling unit application. Failure
to identify and to notify all such owners of interests, property owners and association of owners shall
render the application incomplete.] on curroundinY owners and lessees of record as provided by section
75 2 4 The applicant shall alto serve notice on all owner of the propg~y identified in the application
who did not execute the application and anyjtnown association of pro~Prtv owners which has jurisdiction
or authority over the subdivision in which the buildin¢ cite is situated. Proof of service of the notice. in the
manner provided under section 25-2-4 shall be submitted together with the ohana dwelling permit
aoolica[ion.
CP~tian 2S-(r39 1 Action on ohana dwelling permit.
[(e)](;~ Upon [filing a complete and acceptable] acceptance of an ohana dwelling permit
application, the [planning] director shall forward the application [for the ohana dwelling unit] to
156 ZONING CODE REVISION-Rartrayw
appropriate agencies for review and comment on the adequacy of ~g infrastructure facilities [to
accommodate] required for the ohana dwelling unit, [pursuant to Section 25-QQ.] under section 25-6-30
(b) [The planning director shall render a decision (approve or deny) following ] Within a Reriod
of at least thirty [(30)] days but [no] g~{ more than sixty [(60)] days after [receipt of a complete and
acceptable application.] acceptance of an ohana dwelline Dermit application the director shall either
gpprove or denv the application.
(c) If the [planning] director (does not] fails to render a decision within the prescribed sixty day
period [from the date the application was filed,], the application shall be [deemed] considered as beine
approved.
SectioA [25- 25-6-39.2. Building permit[.] for an ohana dwellin¢.
(a) - ,A:building permit for the construction of an ohana dwelling unit shall be secured within one
year from the date [of issuance of ] Ihht the ohana dwelling unit permit was issued. A thirty [(30)] day time
extension may be granted by the [planning] director if it can be demonstrated by the applicant that non-
performance [is] was not the result of [their] the apylicant's fault or negligence. In the event that the
applicant fails to secure a building permit for the construction of the ohana dwelling unit [on the lot]
within the one year time period, or [in the case when athirty-day time] gpy extension (was] granted[,]~y
the director. the ohana dwelling unit permit shall be void.
(b) [The applicant shall not be able to obtain any extension of time thereof; further, such failure
shall not be cause to petition the planning director, board of appeals or any other governmental body for
relief from the one-yeaz limitation set forth in this section.] The time extension wovided for an ohana
awelling_Q Ilnder < Ibcertion (al above shall be the only time extension available to an applicant. and
nn further time exten ion shall be allowed Farther the failure to obtain anv farther time extension of an
ohana dwellip~permit shall not be sauce to cetition the director the commission or the board of aoceals
for reli f from the time limitation for an ohana dwelling ~rmit ac provided under this section.
Section [25-.[ 25-6-393. Non-transferability(.] ermit•
A permit for [the] ap ohana dwelling unit shall be personal to the applicant [until construction
of the ohana dwelling unit has been completed to the satisfaction of the chief engineer] and shall not be
Vansferable or assignable to any other person [prior to its completion.] until construction of the ohana
owelling ~ nir has been completed and final ~proval has been issued by the chief engineer.
[Section 25- . Prohibition of Advertising, Sales, Transfers.[
No person shall advertise or represent to the public that a permit to construct an ohana
dwelling unit is transferable with the sale of the property on which the permit has been granted.
[Section 25- . Rules. The planning director shall promulgate rules within three months from the
effective date of this ordinance in accordance with Chapter 91, Hawaii Revised Statutes, necessary to
implement the provisions of this article, with the assistance of other agencies, as appropriate.]
20NING CODE NEVISION-R~rr4ayM vMIOn
j$7 Dwv=r velau
Section [25- ~-6-39.4• Pending applications.
[(a) Any permit issued for an ohana dwelling prior to the effective date of this ordinance but for
which no building permit has been obtained shall be void one year from the effective date of this ordinance
or on the expiration date of the dwelling approval, whichever occurs first.]
[(b)]~ All pending applications for [an] ohana [dwelling) dwellings filed with the [planning]
director prior to [the effective date of this ordinance] Mav 4. 1996. shall be processed in accordance with
this [ordinance,] ivi ' with the exception of the filing fee. The (planning) director may require the
applicant to submit additional information to comply with this [article.] 'division.
Section 25-6-39 5 Illrpally constructed ohana dwellings In the event that an ohana dwelline
Knit is constructed contrary tot rovisions of this division. with or without a Qermit therefor having been
issued the ohatt_ dwelling unit shall be considered unlawful and a Qublic nuisance and action or
proceedings for abatement removal and enioinment of the unlawful ohana dwelline shall immediately be
commenced in accordance with this chapter.
Section [25- 25-6-39.6. (Revocations.( Revocation of an ohana dwelline_Permit.
(a) The [planning] director may initiate proceedings to revoke [the] a permit for an ohana
dwelling unit [in the event that:] j);
(l) The applicant intentionally [misrepresents] m'i~sr Qresented a material fact in the permit
application [or its). including all attachments; ~
(2) The applicant [transfers] transferred or [attempts to transfer] attr,~pted an ohana
dwelling unit permit issued by the [planning] director prior to completion of the construction of the ohana
dwelling unit and [to the satisfaction of] final approval by the chief engineer;
(b) [A] The director shall serve written notice of the Qroposed revocation [shall be made to] ~
the applicant by registered or certified mail with return receipt [as prescribed in Chapter 91-9.5 of the
Hawaii Revised Statutes].
(c) [The applicant shall have the opportunity for a hearing with the board of appeals on the
revocation of an ohana dwelling unit permit in accordance with Chapter 91, Hawaii Revised Statutes.) j]tg
applicant may within thirty days after receipt of the proQosed revocation notice. appeal the revocation
notice to the board of appealc ac provided ¢yscgQtion 5-6.3 of the County charter and sections 25-2-20
through 25-2-24 of this chapter An appeal to the board of apceals shall stay the provisions of the
director'c order pgndinelhe final decision of the board of appeals.
[(d) In the event that an ohana dwelling unit is constructed contrary to the provisions of this
article, with or without a permit therefor having been issued, it shall be considered unlawful and a public
nuisance and action or proceedings for abatement, removal and enjoinment of the unlawful ohana dwelling
shall immediately commence pursuant to Division 2 of Chapter 25 of the Hawaii County Code.j
158 ZONING CODE REVISION•Ranury~xr
Section [25- 25-6-39.7. Appeals. [The approval or disapproval of the ohana dwelling unit by
the planning director may be appealed to the Board of Appeals in accordance with its rules.] Andperson
aeerieved by the decision of the director in the issuance of an ohana dwelling permit decision. exggpt for a
decision tggarding the duration of a permit under section 25-6-39.2. may appeal the director's action to the
board of appeals in accordance with this chapter within thirty days after the date of the director's written
i' n
Division 4. Project Districts
$ection 25-6-40 Purpose and applicabili The pLpiect district development is intended to
prgvide for a flexible and creative Dlanning~poroach rather than specific land use designations. for Duality
developments It will also allow for Flexibility in location of specific uses and mixes of structural
alternatives The planning~poroach would establish a continuity in land uses and designs while providin¢
fnr a romprgh ^cive ^nhvnr4 of i^fracrn~cn vat facilities and systems. A variety of aces as well as open
Spa~parkc and other prgie~t uses are intended to be in accord with each individual Droiect district
objective A prpie t district is an amendment to this chapter which chang,Qc the district boundaries in
accordance with the individual project district.
CPOtion 25-6-41 Criteria for establishing a,~ject district. A p~ject district may be
Pctablished as an amendment to this chapter whenever the public necessity and convenience and the
general welfare require that a comprehensive planning approach for an area should be adopted in order to
Pstablish a continuih in land uses and designs while providing a comprehensive network of infrastructural
facilities and sy~temc In addition gyroiect district may only be established if the proposed district:
(l) Is consistent with the intent and Dproose of this chapter and the County g n rat plan•
iiIl~
Plill not result in a substantial adverse impact upon the surrounding area. community
or region.
Section 25-6-42 Minimum land area required The minimum land area required fora Droiect
district shall be fifty acres.
cootion 25-6-43 Permitted tae. Any uce;„permitted either directly or conditionally in the RS.
an RM1" RGX Cl\' C(C CV or V districts shall be permitted in a project district: provided. that each of
t~proooced sec and the overall densities for recidenti^I and hotel aces shall be contained in a master Dlan
forth ptpiect district and in th~,proiect district enabling ordinance.
Cection 25-6-44 Apylication for project district: reayirements.
An -DOlication for a prpiect district may be filed by a prop~,~ owner or any other Derson with
thgproD owner's consent The application shall be on a form prescribed for this_ Durooce by the
director and shall be accompanied by
t59 20NING CODE REVISION-Rameeyx ~
(11 A filingfee of $5.000.
(2) A description of the pronertv
in sufficient detail to determine i(~precise location.
(31 A master conceptual plan of the prone .showing the project district boundaries and
the land uses and acreage of land involved.
A description of the propo d project district. includine land uses. densities.
infrastructural requirements and development standardc
(51 A description of each of the open space areas proposed for the project district for
cultural and/or environmental purposes includine those open spQce areas preserved bec~uce of natural
hazards.
(61 A metes and bounds description of the prope~[y prepared by a surveyor.
(]l A list of the names. addresses and tax map kgv numbers for those~rop~rty owners and
lessees of reed of currounding~opertiec who are regt~ired to receive notice under section 25-2-4.
A county environmental report. provided that a counri environmental report shall not
be regyjre where an environmental impact statement or an environmental assessment and negative
declaration have beep,.preoared and issued in compliance with chapter 343. Hawaii Revised Statutes. as
amended.
(Ql Anv other plans or information req ~i~ red by rules adopted by the director in
accordance with chanter 91. Hawaii Revised Statutes.
(bl ~rlithin ten days. after filing an application for a project district. the applicant shall serve notice
of theapplication on surroundjpg owners and lessees of record as provided by section 25-2-4
(cl Within one hundred twenty days after a ptpjggt district application has been accepigQ by the
dire~r~~ the director shall forward the application to the commission- together with the director's
recommendation on the propos d pLpigct district. and together with a pro op sed p~ject district ordinance
which ect^blishec the prpject district and~rovides Rrpject district standardc_ and conditions. includine
permitted land uses accessory uses densities heights. c_etbacks. and variances from the requirements of
this hapter and from chapter ~3 (subdivision control if applicable. as contained in the master elan for
the project district.
(dl The commission shall review any project district application and shall forward its
recommendation on the application to the council through the mayor for the council's consideration and
action.
(11 In reviewipg the application the commission shall hold at least one public hearin¢ in
the district in which theyro c d ptQie~[ district is located The commission shalt provide reasonable
notice of the date of the hearine to the applicant The commission shall alto publish notice of the hearin¢
in accordance with the requirements of this chapter.
).6~ ZONING CODE REVISION-Rang ~
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j~ Within ten davs after receivin¢ notice of the date of the p~Iblic hearing,~}ie applicant
shall serve notice of the hearing,on curroundin¢ owners and lessees of record as provided by
cectinn 25_2.4 The applicant shall also cerve notice on owners and lessees of record of interests in other
properties which the commission may find to be directly affected by the r ose plpiect district
Within ninety days after receipt of the application from the director. unless a loner
pgriod i agreed to ~v the applicant the commission shall transmit the proposed project district ordinance
Nether with its recommendation thereon through the mayor to the council. The commission shall
recommend approval in whole or'nLpart with or without modifications or rejection of such proposal
$eorion 25-6-45 Conditions imposed on proiect district.
(al The council may it~DOSe conditions on the use of the Dropertv subject to the Droiect district.
provided tha~nuncil finds that the conditions are:
(1l Necessary to prevent circumstances which may be adverse to the public health. safety
and welfare: or
(21 Reasonablys~eived to fulfill needs directly emanating from the land uses Dromosed
with r pect to protection of thg public from the potentially deleterious effects of the proposed uses. or
fulfillment of the need for mnbliG service demands created by
theproposed uses.
(bl In addition to the conditions described in cubcection (al the council shall include the
followinp,~onditionc in anv Droiect district ordinance:
{j~ A descfjption of each of the uses proposed in the Droiect district:
(21 The overall densities for the residential and hotel uses established in the Droiect
district:
('tl Anv infrastructure reggjrements for the proiect district. and
(4) Anv oD n aya~.rz~yuirements for the proiect district.
cv~rion 25-6-~6 Review and a{IQroval of site In ang.
{al After adoption of a Droiect dictrict enabling ordinance. the applicant shall submit to the
director detailed citgylanc for the Droiect district development. The site plans c_hall conform to the Droiect
district enablin¢ ordinance and shall include the following:
(jl PI^nc for required infrastructure improvements:
All items required for a Dlan ap top val application. as provided by section 25-2-72: and
(11 Anv other information required rzY rules adopted by the director in accordance with
phapjgr 91 Hawaii Revised statutes.
(bl Within si~dav after acceptance of the cite plans the director shall either denv or approve
Ih~ G1anS.
[gl The director may_apmrove site pj8nc for a pritjP~t district only if the anDlicant has complied
with all of the conditions contained in the ptp~t dictrict enabling ordinance and the site plans conform to
ZDNING CODE REVISION-WmssyM varslon
L 6 L DRAFT veAB
the standards contained in the project district enabling ordinance. The director may approve the ci[~,planc
u~iect to conditions. or the director may approve the site plans subjst to certain chanties when- in the
director's Qpinion such conditions or changes are necessa~ to carry out the purposes of the project dicrrirr
this chanter and the considerations contained in section 25-6-47
If the director fails to render a decision on the site plans within the prescribe period. the site
plans shall be considered approved without further certification by the director
Section 25-ti-47 Review criteria and conditions of approval. In reviewing~i~plans for a
ptgiect dictrict the director shall consider the proposed development and uses in relation to the
surroundingproperties. improvements. streets- traffic. community characteristics. and natural features. and
t~v require conditions or changes to assure:
(,L) Adeouate IjEht and air pLpp r icing and arrangements of all structpres and
jIIprovements are provided:
(2) .xic(jpg and-prospective traffic movements will not be hindered:
(3) Proper landscapjng is provided that is commensurate with the development or use and
its surroundin¢s:
(y) Insightly areas are propgr~y screened or eliminated:
(5) Adequate off-street pQrking~provided to serve the development or use:
(61 Access to the p r2 king areas will not create potential accident hazards: and
(7) Within reasonable limits. any natural and man-made features of community value are
p~eserved•
Cection 25-fi-48 Construction in conformiRy with approved site plans. Every structure.
d~pment and use contained in site plans for a project district approved by the director shall be
constructed and develQpsd in accordance with the terms- specifications and conditions of approval for
those site plans.
Section 25-(r49 Plan approval issued by approval of site plans. Plan approval shall be
considered issued when site plans for a~piect district are approv d by the director. as provided by
sections 25-6-46 and 25-6-47 and no further action is req~!ired for the issuance of plan approval under this
chapter.
Cecrion 25-6-49 1 AmendmenN Anv amendment to the conditions and standards contained in
proiect dictrict en^bling ordinance shall be prnrecced in the same manner as the proiect dictrict enablin¢
ordinance unless the council in the project district enabling ordinance authorizes the amendments to be
made by~he director A req pest for any amendment shall be submitted in writing to the director in lieu of
the applic-tion required for a p~p~ct district The request shall be accompanied by a filing fee of 5250.
Cection 2St--~9 2 Appeal of director's actions on project district site plans. Anv person
,gari d b;~ •he decision of the director in the issuance of a decision rcgardin¢ proiect district site plans
162 ZONING CODE REVISION-R>
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play anneal the director's action to the board of apReals. in accordance with its rules. within thirty days
after the written decision is issued by the director.
Division 5. Agry~ultural Project Districts
Section 25-1i-50 Purnoce and applicabiljly The agricultural p~giect district development is
intended to provide a flexible and creative planning approach for developments within the agricultural
coning districts in lieu of specific land use desjgnations It will allow for flexibiliri in the location of
gpe ifi es o[agrirultural uses and variations in lot sizes Under this planning approach. opportunities
will b pryvided for a mix of small scale agricultural activities and associated residential uses- as well as
lar r agricultural ptpie~ts This district will also provide a vehicle to satisfy the demand for a rural
lif c eon marginal agricultural land while decreasing thepressure to develop important agricultural land
for this puroose The planning-approach wrnild establish a_ continuity in land uses and designs. while
prpvidingfor the needed infrastructural facilities and systems to support the various rings of agricultural
yes-eloome~rs 4n avrir~Jh~ral pLQjgrr dicrricr ;c an amendment to this chanter which chanties the district
boundaries in accordance with the individual agricultural project district.
ceerinn 25-ti-51 Criteria for e`tablishing a project district. An agricultural project district
may be established as an amendment to this chapter whenever the public necessity and convenience and
t~gpneral welfare reggire that a comprehensive planning,approach for an agricultural area should be
adopred in order to establish a continuity in land uses while providing the repaired infrastructural facilities
an~.yctemc In addition an agricultural project district may only be established if the proposed district:
(I l Is consistent with the intent and Rlpose of this chapter and the Coun(~general plan: and
(,~l ~'lill not recall in a wbst°ntial adverse impact upon the surroundin¢ area. community or
region.
~ lion 2S-Cr52 Aiinim~m land area reppired The minimum land area required for an
agriculRral prQiert district shall be two acres.
Cection 25-5-53 Permitted Lae+• overall den.ity. Any uses permitted either directly or
conditionallKin the A or IA districts shall be permitted in an agricultural project district. and the overa!I
density_permitted in an ag i ~It ~r roiect district shall not be greater than one acre per buildin¢ cite ash
oft pror daces and the overall densities for dwelling uses hall be contained in a master plan for the
agricultural prpiect district and in the agricultural p~jert district enablin¢ ordinance.
Cection 25-6-54 ADDlication for agriculture) ploiect district• regpirements.
(al An application for an agricultural prpiect district may be f led by a procer[v owner or any other
person with the prop vrner's consent The appiic tips shall be on a form prescribed for this purpose
}Ly the director and shall be accompanied bv:
(11 A filingfee of 5100 Der acre up to a maximum filing fee of 55.000.
163 CONING CODE REVISION-Ram~aye~
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j2) A description of the proper in sufficient detail to determine its precise location
(31 A master concep~al plan of theprope .showing the agticultural project district
boundaries and the land uses and acreage of land involved
{4~ A description of the proposed agricultural project district, including land uses.
densities infrastructural requirements and development standards
{~l A decc~iption of each of the open space areas proposed for the agricultural protect
district for cultural and/or environmental p~poses. including those open space areas preserved because of
natural hazards.
{61 A metes and bounds description of the propel prepared by a surveyor.
(71 A list of the names. addresses and tax map key numbers for those property owners and
lessees of record of currounding~ropertie< who are required to receive notice under section 25-2-4
A county environmental report: provided that a county environmental report shall not
be reouired where an environmental imp~t statement or an environmental assessment and negative
declaration have been orenared and is<ued in compliance with chapter 343. Hawaii Revised Statutes. as
amended.
{Q), Anv other pJgns or information required by rules adopted by the director in
accordance with chapter 91. Hawaii Revised Statutes.
{¢l PJithin ten days after fi~jpg an application for an agricultural proiect district. the applicant shall
cane ....~~^a ~Fr6P ~nntirar~nn r,~ c~~rrr,llndingywners aid lessees of record as provided by section 25-2-4.
{c 1 PJithin one hundred twenty day< after an agricultural project district aoolication has been
aSS&p3€~~y th ~~rarr~~ rho direrfnr span forward rhr apphcatien ro the commission. together with the
~'rPrr~~'< rar~~+rt+Pndation on th~,p « g~ drur pl4jeet district. and together with a proposed
agricultural pjpiPrt district ordinance which establishes the agricultural proiect district and provides
tandardc and conditions for the district including,~nnitted land uses accessory aces densities hei¢htc
setbacks and variances from the requirements of this chapter. and from chapter 23 (subdivision control). if
applicable ac contained in the m^ster pjan for the agricultural proiect district.
(dl The commis<ion shall review any agricultural project district aoolication and shallLorward its
recommend^tion on the aoolication to the council through the mayor for the council's consideration and
action.
(,~l [n reviewing the applic-lion the commi<sion shall hold at least one public hearin¢ in
thr• rOL ril di<trict in which the propo ed agr~r~lltural proiect district i< located The commission shall
provide reasonable notice of the date of the hearinClo the applicant The commission shall alto p ~bli h
notice of the hearing in accordance with the requirements of this chanter.
f~l Within ten days after receiving notice of the date of the public hearing the applicant
~ n o[ice of [he hearin¢ on ~rroundin¢ owner and le<sees of record agprovided by [ion
ZONING COOE REVISION•R~nwym venlon
1 t)4 DRAFT]1!/90
25-2-4 The applicant shall also serve notice on owners and lessees of record of interests in other
properties which the commission ma~nd to be directly affected byshe proposed agricultural proiect
district.
(~1 Within ninety davs after receipt of the application from the director unless a loner
period is ap,~
d~to ¢y the applicant the commission shall transmit the proposed agricultural proiect district
ordinance together with its recommendation thereon through the mayor to the council The commission
shall recommend approval in whole or in part. with or without modifications. or rejection of such proposal.
$prtion 25-6-55 Conditions imppced on agricultural project district.
(al The council may impose conditions on the use of the ~pertv subject to the agricultural
ptpiect district provided the council finds that the conditions are:
L11 Nece<sarv to prevent circumstances which may be adverse to the public health. saferi
and welfare: or
(?l Rea<onably conceived to fulfill needs directly emanatingfrom the land uses proposed
with r spec[ to protection of the public from the potentially deleterious effectc_ of thq~orooosed uses. or
fulfillment of the need fot_p~lblic service demands created by
t~prooosed uses.
(bl In addition to the conditions described in subsection (al. the council shall include the
following~onditions in any~gricultural p~ject district ordinance:
111 A descripljpn of each of the uses imposed in the agricultural proiect district:
(21 The overall and averags densities for dwelling uses established in the agricultural
proiect district:
Anv infrastructure requirements for the agricultural proiect district: and
(4) Anv open sp~e requirements for the agricultural project district.
cPrtion 25-ti-56 Review and approval of site Ip ans.
After adoption of an agricultural prsject district enabling ordinance. the applicant shall submit
to the director detailed site plans for the agricultural prgje^t district development The site plans shall
rnnforrrl to the agricultural RL4j~^t district enabling ordinance and shall include the followin¢:
(j1 Plans for ~nlred infrastructure improvements:
(21 All items required for a plan approval application. as provided by section 25-2-72: and
(j]
Amy other information rgq
liu red ~y rules adopted by the director in accordance with
chapter 91. Hawaii Revised Statutes.
(hl ~'Jithin cixri dav< after acceptance of the cite plans the director shall either deny or approve
the pla-ns.
fry The director may approve site plans for an Rgricultural projr^t di<trict only if the applicant ha<
pp~plied v~ith all of he condition contained in the agricultural p~jec[ di<trict enablingordinance and the
'site plan< conform to the standards contained in the agricultural projP^t di<trict enabling ordinance The
165 ZONING CODE REVISION-R ~Tx
wnbn
director may approve the site plans su jest to conditions. or the director may~pprove the site plans s~~hiect
to certain changes in the proposed site plans when. in the director s opinion. such conditions or changes are
necessary to cam out the poses of the agricultural project district. this chapter and the considerations
contained in section 25-6-57.
(dl If the director fails to render a decision on the site plans within the prescribe grind. the site
plans shall be considered approved without further certification by the director
,section 25-ti-57 Review criteria and conditions of aRnroval. In reviewing site plans for an
~ricultural ptpiect district the director shall consider the proposed development and uses in relation to the
surroundineproperties imptQvements streets traffic. community characteristics. and natural features. and
to
t~~;ricultural and accessory residential uses contemplated. and may require conditions or changes to
assure: d:.
f l l Adequate light and air. prop re Biting and arrangements of all structures and
jrsprovements are provided:
(1 xi tine and prospective traffic movements will not be hindered:
Adegyate off-street parking is provided to serve the development or use:
(41 Access to the parkipe areas will not create potential accident haLrds: and
(,~l Within reasonable limits. env natural and man-made features of community value are
preserved.
$srtion 25-ti-58 Conctrnction in conformity with approved site plans. Every structure.
development and use contained in site plans for an agricultural project district approved by the director
shall be cgnstructed and developed in accordance with the terms. specifications and conditions of approval
fgr those site ns.
,fiction 25-6-59 Plan approval isaned by aRprovsl of site plans. Plan approval shall be
considered issued when site plans for an agricultural prs,'lect district are approved by the director. as
provided lly sr^tionc 25-6-56 and 25-6-57. and no further action is required for the issuance of plan
approval under this chanter.
T c°^tion 25-6-59 1 Amendment. Anv amendment to the conditions and standards contained in
an agricultural prpiect district enabling ordinance shall be processed in the same manner as the agricultural
pLQiect district enablineprdinance unless the council in Lhe Agri ~I oral p~ject district enabling ordinance
aurhorizec the amendments to be made by the director A req ~ ct r gniring an an amendment of the
Pnabline ordinance ch^II be submitted in writingso the director. in lieu of the application required for an
agricultural pLpject district The request shall be accompanied by a filing fee of X250.
$getion 2t-6-59 2 Apnpal of director's actions oo aeric~lt~ral project district site plena.
Apypercon aeC ' a by the decision of the director in the issuance of a decision revardinv agricultural
166 20NING CODE REVISION-Rartuay~~
~
~pject diarricr site pal ns may a~sal the director's action to the board of aDDeals in accordance with this
~pter within thirty days after the written decision is issued by the director.
167 20NING CODE REVISION-Ram~ay~~ BIDY
Article 7. Special District Regulations,
[Article 24.] Division 1. Kailua Village Design Commission.
Section [25-265.[ 25_7_1. Purpose and applicability; boundaries.
(a) The purpose of the Kailua Village design commission [under this article] is to advise the
[planning department] director in matters concerning the design of buildings and structures and all public
and private improvements within Kailua Village.
Kailua Village as used [herein] in sections 25-7-I through 25-7-5 means that area bounded
by the following:
(1) Beginning at a point on the shoreline approximately four thousand feet west of the
old Kailua wharf, mauka along the west boundary of TMK: 7-5-05:10 and 68 to the northwest comer of
TMK: 7-5-05:68;
(2) Southeast and east along the mauka boundary of the existing RS-l5 zone to the
[southwest comer of TMK: 7-5-05:62;] west boundary of Kaiwi Street extension. mauka crossing
Kuakini Highway along the west side of the Kailua Industrial Subdivision crossing Oueen Kaahumanu
Hivhway„aooroximatelKl00 feet mauka running parallel and going east recrossing the Oueen
Kaahumanu Higtiwav to the eastern end of Kalani Street:
[(3) Mauka along the west side of the existing V-.75 and CV-IO zones to Kuakini
Highway;
(4) Mauka, crossing the Kuakini Highway anu along the west side of the existing CV-10
and open zones to the makai side of the Queen Kaahumanu Highway;]
[(5)](},) Southwest along the makai side of the Queen Kaahumanu Highway and its
extension to the south side of the Kona Hillcrest Subdivision;
[(6)](9~ Makai along the south side of the Kona Hillcrest Subdivision and along the
south side of the parcels described as TMK: 7-5-30:23 and 24 to Kuakini Highway;
[(7)]($~ Makai, crossing Kuakini Highway along the south side of the parcels described
as TMK: 7-5-18:1, 4 and 61 and TMK: 7-5-19:18 to the shoreline;
[(8)](6) North along the shoreline to the point of beginning and containing an azea of
approximately eight hundred twenty-five acres and as delineated on the map attached to [Ordinance No.]
Grdinance no. 628 (1974), as amended by [Ordinance No.] ordinance no. 630 (1974).
Section [25-2ti6.[ 25-7-2. [Commission[ Deyjpn commission membership; appointmcnt;
term.
(a) The design commission shall consist of nine members who shall be appointed by the mayor
with the approval of the council. The members shall be representative of the Kona district, provided that
20NING CODE REVISION-Rrnmya vatim
168 DR,~ vws
a majority of the appointive members shall have lived or worked in the Kailua Village for a minimum of
two years prior to this appointment. The desien commission members shall [also reflect across-section
of labor, business including tourism and agriculture, and the Village's property owners interests. There
shall also be at least one person with a design background and one person with a historical knowledge
background on the commission.] include two design professionals (rgeictered architects and/or landscape
architects) two members with backgrounds in building construction and/or engineering two members
with knowledge about historic Kona its cultural values and resources. and the remaining three members
tgprecentinelpcal business or proper owners,
(b) The members shall serve staggered terms of three years(, provided that of the first members
appointed after February 24, 1987] ,upon the initial appointment of the desien commission. three shall
serve for a farm of one year, three for a term of two years, and three for a term of three years. When the
term of a member expires, [he] the member shall continue to serve until [his] a successor is appointed.
Members whose terms expire may not be reappointed to the desien commission for at least two years,
however, members [initially] appointed for one year or less may be reappointed for an additional term
without the passage of two years time. F_xcept as provided for in this section. the desien commission
shall be p,Qverned by the Counh charter.
Section [25-267.) 25-7-3. Rules of procedure. The [urban] design [review) commission shall
[prepare] adopt rules of procedure pursuant to chanter 91. Hawaii Revised Statutes. relating to matters
within [its] the di~jen commission's jurisdiction.
Section (25-268.[ 25-7-4. Powers and duties of the design commission.
(a) The desien commission shall recommend to the [planning department] hector an
architectural and design concept [or] p['theme for Kailua Village that recognizes the desires and
concerns of all public and private interests.
(b) The ~jpt1 commission shall provide an architectural and design review of applications
requiring plan approval by the [planning department) director. The Qg~jep commission's review and
recommendations to the [planning department] director shall be completed within [one month or] thirty
[calendar] days from the date of the ~~jyp commission's receipt of the plans requiring plan approval. If
a recommendation is not received within the allotted period, the [planning department] director shall
continue to process the request for plan approval.
(c) The desien commission shall provide an architectural and design review of all planned
public improvements such as street widening, street lights, and so forth, as well as all private
improvements such as landscaping, structural painting, or any activity which will alter the physical
appearance of Kailua Village. The recommendations shall be forwarded to the [planning department]
ZONING CODE REVISION•R~maryu vatim
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169
'director within thirty [calendar] days from the desien commission's receipt of the proposal. (f a
recommendation is not received within the allotted period, the [planning department] director shall
continue to process the proposed activity.
(d) All of the desien commission's advice and recommendations to the [planning department]
it t r shall be consistent with the provisions of the Countv charter, general plan, zoning and all other
related ordinances and any publicly funded master plan developed for Kailua Village.
Section (25-269.] 25-7-5. Amendment of district boundaries. The Kailua Village boundaries
as described in section [25-266] 25-7-I shall be subject to review in 1979 and every five years thereafter
by the council, and may be amended as appropriate.
[Article 26.] Division 2. CDH, Downtown Hilo Commercial District.
Section (25-278.( 25-7-20. Purpose and applicability. The CDH (downtown Hilo commercial)
district is established to reinforce and promote downtown Hilo's role as a compact high density area for
retail shopping, professional and administrative activities, cultural and arts activities, other supportive
business and commercial services, and [multi-family] multiple-family housing. The zoning requirements
of this district are applicable to all [lots] buildingsites, except those designated as "O" (open) districts,
within the area bounded by the western development area limits of Kapiolani StreedKaiulani Street, the
Wailuku River, Hilo Bay and Ponahawai Street.
Section [25-279.] 25-7-Z1. Designation of CDH district. The CDH (downtown Hilo
commercial) district shall be designated by the symbol "CDH".
Section (25-280.]25 7-22. Permitted uses.
(a) The following uses shall be permitted in the CDH district:
[(I) All retail uses that are conducted entirely within a building, provided that they are
not detrimental to the character of the district.
(2) Offices (business, administrative, professional, executive; financial, editorial,
medical, dental, real estate, and any other similar office use which will not be detrimental to the
character of the district).
(3) Personal service uses, including barber shops, beauty parlors, launderettes, cleaning,
pressing service and pickup stations, shoe repair, clothes mending, and tailor shops.
(4) Banks, lending agencies and financial institutions.
(5) Drugstores, prescription pharmacies, title companies, photographer or commercial
artist studios, modeling agencies.
ZONING CODE REVISION-Ramuya vmim
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170
(6) Manufacturing of a nonnoxious type where the only retail sales outlet for products
produced is on the premises where produced, and provided that the activities are not detrimental to the
character of the district.
(7) Museums; libraries; community, public and public service buildings.
(8) Art galleries.
(9) Automobile parking lots and buildings or storage garages.
(l0) Display rooms for products sold elsewhere.
(11) Newspaper, publishing houses, printing shops, cartographer and duplicating
processes such as blueprinting or photostating.
(12) Restaurants, lunch counters, coffee shops, drive-ins, bars, cocktail lounges and
nightclubs'
(13) Repair shops for personal or household items, and "fix-it" shops.
(14) Private clubs, social orders, fraternal groups and other similar organizations for
offices, meetings, and social activities.
(IS) 'four, Vavel and ticket agencies.
(16) Business, technical or trade schools, art, modeling, music, dancing, photographic or
other similar studios or academies.
(17) Public service or public utility uses but excluding any service, equipment or storage
yard or power plants therefor.
(18) Automobile service stations or garages, excluding body and fenderworks, elecVic
tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely
enclosed building, car washes or laundries other than those utilizing automatic or steam cleaning
equipment; and provided that the facilities are not detrimental to the character of the district.
(l9) Bakeries.
(20) Broadcasting stations or studios (radio and television).
(21) Commercial amusement establishments such as bowling alleys, skating rinks, pool
halls, etc,
(22) Retail sales or services where customers are served at a drive-up window or while
they are in their car provided that they are not detrimental to the character of the district.
(23) Gymnasiums, physical culture studios and reducing salons.
(24) Medical and dental centers, groups or clinics.
(25) Hospitals of all types.
ZONING CODE REVISION-Ramarye vavan
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(26) Hotels and apartment-hotels with a maximum density of five hundred square feet of
land area per separate rentable unit.
(27) Any use permitted in RM districts with a maximum density of one thousand square
feet of land area per rentable or dwelling unit.
(28) Residential use in connection with the operation of any permitted use.
(29) Indoor sports arenas, auditoriums, and theaters.
(30) Bed and breakfast establishment.
(31) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade
products for. more than two (2) days a week, the director, at the time of plan approval, shall restrict the
hours of use, maintenance and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(32) Uses normally considered accessory, incidental and subordinate to the above uses.]
(I l Adult day care homes.
(21 Amusement and recreation facilities. indoor.
(31 Art galleries.
L9,1 Automobile service stations or CaL3CeC excludipe body~nd fenderworks. electric
fire rebuildin¢ or battery rebuildinp„$nd wovided that all work is conducted wholly within a completely
enclosed building.
(51 Bakeries.
(§l Bars cocktail lounges and night clubs.
(71 Bed and breakfast establishments ac permitted under section 25-4-7.
(81 Boardin¢ facilities rooming or IodQin¢ houses.
(91 Broadcastipp, stations or audios (radio and televisionl.
(101 B ~ iness cervices
jl 11 Car washine,,provided thatlhe_far~t~riec are nnr detrimental to the character of the
distrlct•
(t~l Commercial RgrkinQ lots and ¢ara¢es.
jl,~l Community buildipyc ac certnitted under section 25-4-I 1
(jg) r roduction.
{?5) Dicnlay rooms for products sold elsewhere.
(1 1 Dwellin¢s double family or du~le~ w~•~ ° Tim densiq~ of one thousand
gquare feet of land are_=.^-°r ~enrable unit or dwelling unit.
ZONING CODE REVISION•R~•eyv vatiae
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172
(171 Dwellings. multiplg family with a maximum density of one thousand square feet
of land area per rentable unit or dwelling unit.
(J 8) Dwellings. single-family.
(191 Family child care homes.
(201 Farmers markets yrovided that the products are limited to the selling of local fresh
and/9r_raw produce fish and local homegtown and homemade products and wares.
(211 Financial institutions.
( 1 pro ~p livingfacilities.
Home occupations. as permitted under section 25-4-13.
( 4242 1 HosHospitals sanitariums old age convalescent. nursing and rest homes and other
similar uses~r
f251 Hotels and apartment hotels with a maximum density of five hundred square feet of
land area,per rentable unit.
(,~51 Laundries other than those utilizing steam cleanin¢ eq~pment. Drovided that the
facilities are mot detrimental to the character of the district.
(Z71 A"anufacturing,,processing and packaging light. Drovided that the activities are not
detrimental to the character of the district.
(281 Medical clinics.
(291 Meeting facilities.
(~Ql Model homes ag,pPrmitted under section 25-4-8.
(311 Modelin¢ ag n i
(321 Museums and libraries.
(~jl 2JGjyhborhood parks pjav¢rounds. tennis courts, swimmin¢ Dools_ and similar
~eiohborhood recreational areas and uses.
(341 Offices.
( 53_1 Opgn air marketg,..provided that the activities are not detrimental to the character of
the district.
(361 Personal services.
( 71 Photooranhv and artist studios,
(}81 Public aces and structures as permitted under section 25-4-I 1.
(~91 Publishing,Dlants for newspapers books and maga in printing shoos.
rartogranhing and duDlicating,yrocecces each as blue rp inting or Dhotostatine.
(401 R@pair establishments- minor.
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(4 U Restaurants.
(421 Retail establishments provided that they are not detrimental to the character of th
district.
(431 Schools. business.
{441 Schools photpgraohv art music dance or other similar studios or academies
(451 Schools. vocational.
(461 Telecommunication antennas. as permitted under section 25-4-12.
~l Temppragseal estate offices. as permitted under section 25-4-8
(9~1 Theaters, auditoriums and indoor sDOrts arenas.
(491 Utility substations. as permitted under section 25-4-I 1.
(bl Residential use in connection with the operation of anyyermitted use shall be permitted in
the CDH district.
Buildings and uses normally considered accessory to the above uses shall also be permitted
in the CDH district.
SectioD (25-281.] 25-7-23. Height (Iimits.J lt~l. The height [limits] jjmtj in the CDH district
shall be one hundred twenty feet.
Section [25-282.J25 7-24. Minimum building site area. The minimum building site area in
the CDH district shall be seven thousand five hundred square feet.
Section [25-283.J 25-7-25. Minimum building site average width. [The minimum])~~
building site [average width] in the CDH district shall [be] have a minimum building site average width
Qf'sixry feet.
Section [25-284.J 25-7-26• Minimum yards. Front, rear and sides: none, except as required by
plan approval.
Section [25-285.J 25-7-27. Other regulations. Plan approval [in accordance with Article 20 of
this Chapter] is required [of] ~ all ? structures and [uses] additions to existing structures in the CDH
district.
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[Article 3.] Article 8. Zoning Map, District and Urban Zone Maps.
Section [25-85.j 25-8-1. Maps incorporated by reference. The maps described in this article
delineate the [land use] zonin¢ districts designated in [articles 2 and 4 through 19] i le of this
chapter and are hereby incorporated by reference to this chapter. A copy of each map referred to shall be
filed in the planning department.
Section [ZS-86.] z5-8-2• North and South Kona districts zone map. North and South Kona
districts zone map, as adopted on February l7, 1967, by the [planning] commission and marked
thereupon as section 7.O1.
Section (25-87.] ZS_8_3. North Kona zone map. North Kona zone map, as adopted on
February 17, t•967, by the [planning] commission and marked thereupon as section 7.02.
Section (25-88.] 25_8_4. South Kona zone map. South Kona zone map, as adopted on
February 17, t967, by the [planning] commission and marked thereupon as section 7.03.
Section [25-89.] 25-8-5. Kailua urban zone map. Kailua urban zone map, as adopted on
February l7, 1967, by the [planning] commission and marked thereupon as section 7.04.
Section (25-90.J 25-5-6. Kailua-Honalo urban zone map. Kailua-Honalo urban zone map, as
adopted on February 17, 1967, by the [planning] commission and marked thereupon as section 7.05.
[Section 25-91. Reserved.
Section 25-92. Reserved.
Section 25-93. Reserved.
Section 25-94. Reserved.
Section 25-95. Reserved.]
Section [25-95A.J 25-8-7. North and South Kohala districts zone map.
Section (25-95B.] 25-8-8. Upolu Point-Kaauhuhu homesteads zone map.
Section [25-95C.] 25-5-9. Hawi-Kapaau zone map.
Section [25-95D.] 25-8-10. Halaula-Niulii zone map.
Section [25-95E.] Z~$1L Lalamilo-Puukapu zone map.
Section [25-95F.] 25-8-1Z. Kawaihae-Puako zone map.
Section (25-95G.] 25-5-13. Puako-Anaehoomalu zone map.
Section [25-95H.] ZS-8-14. Waikoloa Village zone map.
Section (25-96.] 25-8-15. Hamakua district zone map. Hamakua district zone map, marked
thereupon as section 7.11.
Bettina (25-97.( 25-8-16. Hamakua district homesteads area zone map. Hamakua district
homesteads area zone map, marked thereupon as section 7.12.
Section [25-98.j 25-8-17. Haina-Honokaa-Kukuihaele zone map.
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Haina-Honokaa-Kukuihaele zone map, marked thereupon as section 7.13.
Section [25-99.J 25-5-18• Paauilo-Kukaiau zone map. Paauilo-Kukaiau zone map, marked
thereupon as section 7.14.
Section [25-100.J 25-8-19. North Hilo district zone map. North Hilo district zone map,
marked thereupon as section 7.15.
Section [25-101.] 25-8-20. Ookala zone map. Ookala zone map, marked thereupon as section
7.16.
Section (25-102.J 25-8-21. Laupahoehoe-Ninole zone map. Laupahoehoe-Ninole zone map,
marked thereupon as section 7.17.
Section (25-103.J 25-5-22, Puna district zone map. Puna disVict zone map, marked thereupon
as section 7.18.
Section [25-104.) 25-8-23. Volcano-Mt. View zone map. Volcano-Mt. View zone map,
marked thereupon as section 7.19.
Section [25-1O5.J j5-8-24, Kurtistown zone map. Kurtistown zone map, marked thereupon as
section 7.20.
Section [25-106.) 25-8-25. Keaau zone map. Keaau zone map, marked thereupon as section
7.21.
Section [25-107.J 25-8-26• Pahoa zone map. Pahoa zone map, marked thereupon as section
7.22.
Section (25-108.J 25-8-27. Kalapana-Kaimu zone map. Kalapana-Kaimu zone map, marked
thereupon as section 7.23.
Section (25-109.J 25-H-28. Kau district zone map. Kau disVict zone map, marked thereupon
as section 7.24.
Section [25-110.J 25-8-29. Pahala Village zone map. Pahala Village zone map, marked
thereupon as section 7.25.
Section [25-111.J 25-8-30. Naalehu zone map. Naalehu zone map, marked thereupon as
section 7.26.
Section [25-112,J 25-8-31• Waiohinu zone map. Waiohinu zone map, marked thereupon as
section 7.27.
Section [25-113.) 25-8-32. South Hilo district zone map (exclusive of the [City[ ~ of Hilo,
Papaikou-Onomea, Pepeekeo and Hakalau-Honomu). South Hilo district zone map (exclusive of the
[City] s~ of Hilo, Papaikou-Onomea, Pepeekeo and Hakalau-Honomu), marked thereupon as section
7.28.
Section [25-114.J 25-8-33. City of Hilo zone map. City of Hilo zone map, marked thereupon
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as section 7.29.
Section [25-115,J 25_8_34• Papaikou-Onomea zone map. Papaikou-Onomea zone map
marked thereupon as section 7.30.
Section [25-116.[ 25-8_35, Pepeekeo zone map. Pepeekeo zone map, marked thereupon as
section 7.31.
Section [25-117,J 25-8-36. Hakalau-Honomu zone map. Hakalau-Honomu zone map, marked
thereupon as section 7.32."
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of this
ordinance which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 4. The director shall adopt rules by March 3l, 1997 pursuant to chapter 9l, Hawaii
Revised Statutes, necessary for the implementation of the provisions relating to farm dwellings.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C / CIL MEMBER, COUNTY O HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
Corporation Counsel
DATED:
ZONING CODE REVISION~R~myy~r v~nion
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