HomeMy WebLinkAboutBIL 250 Draft 09 (Ramseyer) 1998-2000COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 2,Q
Draft 9 (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 amended to read as follows:
" CHAPTER 25
ZONING
Article 1. General Provisions.
[Division 1. Generally.]
Section 125-1.125-1-1. Title. [This chapter may be cited] The provisions of this chapter. inclusive
of any amendments, shall be known as the Zoning Code.
Section [25-2.125-1-2. 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,] Counly. this chapter regulates and restricts the height, [number of stories,] size of buildings,
and other structures, the percentage of [lots] a building site 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. Should any conflict
between this chapter and other parts of the Code exist this chapter shall prevail,
Section [25-3.125-1-3. Severability. If any portion of this chapter, or its application to any
person or circumstance, shall be held unconstitutional or invalid because it violates any provision of the
County [Charter] 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.
ZONING CODE REVISION-Ramseyer version
DRAFT - 218/99
Section Adoption 1 - dirrctor and-thrUMffli5aion may as aplaol2riate-
• 1
Section [25-4.125-1-5. 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] "Ox following words and phrases, unless the context otherwise
requires, are defined as follows:
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[(I)] Q2 "Alley" means a narrow street through a block primarily for access by service
vehicles to the back or side of properties fronting on another street.
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ZONING CODE REVISION-Remsever version
2 DRAFT - 2/8/99
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.• a -,e. parks,.. and automQbilp race tracka. mitlialuregolf and
drive-in theaters. I
[(2)] 0 "Apartment house" [is included within the term multiple] means a multiple -
family dwelling.
writing y the director.
[(3)(A)] LM "Bed and breakfast establishment" [is an owner -proprietor -occupied or
lessee -proprietor -occupied] means a 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 of ten 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) A bed 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
is fifteen thousand square feet. Any lot less than fifteen thousand square feet in
ZONING CODE REVISION-R.Tsever version
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"Automobile.,
means
a rgl&il establishmenth
primarily
provides
autgmobile
accessories
and service.
but n!21 including
tire recapping
or regrooving.body
work.
[(3)(A)] LM "Bed and breakfast establishment" [is an owner -proprietor -occupied or
lessee -proprietor -occupied] means a 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 of ten 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) A bed 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
is fifteen thousand square feet. Any lot less than fifteen thousand square feet in
ZONING CODE REVISION-R.Tsever version
DRAFT - 218199
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 to 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) A bed 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) A bed 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) A bed 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) Notwithstanding the 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
association covenant or bylaw or other land use restriction or limitation which is
ZONING CODE REVISION-Remseyer venion
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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) 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)] LW 'Beginning of construction" means placing of construction materials in their
permanent position, fastened in a permanent manner.
[(5) (A)] LIJ) 'Building" [includes] means any structure [.] used or intended for
supporting or shelteringany 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)] LW '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
1, division 8 of this chapter.] above a reference datum measured to the highest point of the coping of a flrooat
o or to the t line of a mansard roof, or to the average height of the highectgable of a Ditched or
hipped roof. The reference datum shall be selected by either of the following whichever yields a greater
ZONING CODE REVISION-Rlnleeyef version
DRAFT - 2/8/99
five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
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(B) An elevation ten feet higher than the lowest grade when the sidewalk or
[(7)] (171 'Building line" means a line on a [lot] building site indicating the limit beyond
which buildings or structures may not be erected.
[(8)] LM 'Building site" means a parcel of land which[: (A) Is] ]g occupied or is to be
occupied by a principal use and accessory uses or [of] 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)] LM 'Building site average width" means that figure obtained by dividing the total
area of a [parcel of land] building site by the maximum depth of the [parcel] building site measured in the
general direction of the side lines. [(See section 25-58(a).)]
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[(10)] aU "Care home" [or "family care home"] means a facility which is [licensed by
the State] spumy
amended. to provide living 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
elelderly, handicapped- or disabled adults. The term includes [child care, babysitting and care incident to old
age or disability.] adult residential care homes group child care homes and other facilities for children.
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preeparation and transfer of finished food products for immediate consumption upon delivery to off_
premises destinations includin¢ but not limited to hotels restaurants airlines and social events.
[(11)] LM "City of Hilo" means all of that portion of the district of South Hilo, County of
Hawaii, which is bounded on the south side by the district of Puna; bounded on the west side by the
districts of Kau and North Hilo; on the north by the [Ahupuaa] ahupuuaa of Paukaa in the district of South
Hilo and on the east by the sea.
ZONING CODE REVISION-Rameeyer version
DRAFT - 2/8/99
1(12) "Commercial amusement establishment" means any place where entertainment or
amusement is provided where the public, on a commercial basis, may observe orjoin in the activities. (See
section 25-192(21).)]
[(13)] j24 "Commercial excavation" means any excavation or removal of natural
materials for profit which is not related to or not occasioned by an impending development of the site of
such excavation.
(25) "Commercial parking lot and garage" means any building or parking area signed or
used for temporary parking of automotive vehicles. which is not accessory to another use on the same
building site and within which no vehicles are repaired.
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"CaTunurrivmeans privately-ownbuilding fQr civic, social.
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[(14) "Condominium" means a system of separate ownership of individual residential
units in a multiple residential building.]
[(15)] (M "Conforming" means in compliance with the regulations of the pertinent
79�tnY district.
.
1 " 1 - 1store"
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1 " 1 • • to serve1 daily
frequent needs of the surrounding
products, household items,
neighborhood
newspoVers
and magazines,
population
bry offering for
and freshly prepared
sale Rre-Packaged food
foods,
1 "Council"
.1-
county
council,
•
.1 \ environmental
report"
means
<1 informational
document i1 e form
prescribed by the director
Statutes.The • la environmental
in accordance
with rules
-•.•l shall
adopted
contain
pursuant to chapter
: description of 1
including
9 1. Hawaii Revised
p4sical. social -historical -
but limited
• 1 • n and • 1 r _
economic,
discussion of 11
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the maintenance a1 enhancement
•urce conseguences
to the . •...
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of
-. action.
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of proposed
&U environmental
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productivity.
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effects
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any • .
not
which 1 11• be avoided
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and • • • . le
commitments of natural
proposed • 1 1 - •
statement • 1 compliance
environmental••r 1•.
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resources1
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with
be available
1 •. •i
1 would
environmental
chapter
1- public
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be involved
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343, Hawaii
for
• 1-
1the proposed
• . • " not include
RevisedStatutes,Copies
insi&ction and written
� � � 1' •.
• 1 and • , 1 analysis of the
a state environmental in . .
of theCounty
comment,
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ZONING CODE REVISION-RamseYer version
7 DRAFT - 2/8/89
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[(16)] Q3) "Day care [facility] center" means a facility which is licensed or approved by
the [State] state pursuant to chaRter 346. part IV or part VIII Hawaii Revised Statutes as amended where
[seven or more] persons who are not members of the family occupying the premises are cared for without
overnight accommodations. This term includes day nurseries, preschools, and kindergartens [and adult day
care facilities.] which are not licensed by the state department of education and adult day care centers
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[(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 districts or areas in the County.]
[(18)] (3-0 "Director" means the director of the 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.]
[(20) (13)] UD "Duplex [dwelling]" and "double -family dwelling" means a building
containing only two dwelling units.
[(20) (A)] (M "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
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[(20XC)] LM "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.]
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ZONING CODE REVISION-Remseyer version
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[(22)] (4 i) "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 chapter
3431 Hawaii Revised Statutes and which discloses the environmental effects of a proposed action effects
of a proposed action on the economic and social welfare of the community and state, effects of the
economic activities arising out of the proposed action measures proposed to minimize adverse effects and
alternatives to the action and their environmental effects.
moved.
[(23)] (4Z "Erected" [includes] means constructed, reconstructed, altered, placed, or
[(24)] (42) "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 parentage, guardianship or marriage or a gLp of not more than five unrelated persons (excluding
servants) occupying a dwelling unit The term includes individuals in larger group living situations
"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 eight persons permitted shall be in addition to the family or staff
operating the home] privO}e residence licenced or a2prnved by the state pursuant to chapter 346.12art VIII.
Hawaii Revised Statutes as amended at which care or the responsibility for the supervision. development,
as fety and prote.don is proyoded for a limited number of children who are living in the residence apart
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aquatic production,
(46) "Farm dwelling" means a single-family dwelling located on or used in connection
with a farm or if the agricultural activity_ provides income to the family occupying the dwelling.
(47) "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 an `open or open air market.'
ZONING CODE REVISION-Ramseyer version
9 DRAFT - 2/9/99
access drive.
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[(26)(A)] (49) "[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)] ($•Q) "[Net floor area] Floor area, net" means the total gross floor area of all
buildings occupying a building site exclusive of floor area permanently allocated for parking or loading
spaces.
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[(28)] UZ) "Frontage" means that portion of a [parcel of property] building site which
abuts on a road, street, or highway [which affords access to the property.].
[(27)] LUJ "Future width lines" means lines established on the zoning map, for purposes
of future widening of an existing street and establishing the front property line of an affected [property.]
building site. The area within these lines or between a future width line and an existing street right-of-way
line, shall be deemed to be a street right-of-way[. See sections 25-262 and 25-264(b).)]. and cannot be
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[(29)] ($i5i "Guest house" means an accessory building used as sleeping quarters for
guests of the occupants of the main dwelling [on a non-commercial basis] and having no cooking facilities.
[(30)] = "Guest ranch"[ and "resort ranch" mean] means an establishment with its
surrounding land which offers recreational facilities for activities such as riding, swimming and hiking, and
[supplemental] living [accommodation.] accommodations,
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[(3 1)] iM "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,
ZONING CODE REVISION-Ramseyer version
10 DRAFT -2M99
(ii) Is customarily conducted entirely within a dwelling,
(iii) is 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,
bulk shipments, and
public, and
(ii) Any business conducted entirely by phone or mail and not involving frequent
(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
(ii) Any shop or clinic of any type] any activity intended to provide income that is
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[(32)]
[(32)] = "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)] M "Hotel" means a building or group 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 transient lodging accommodations, meals, entertainment. and
various personal services for compensationwhether such establishment is called a hotel, [inn,] motel,
motor hotel, motor lodge, ipp, or otherwise.
[(34)] (W "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 [of] vehicles or machinery or for
storage of parts resulting therefrom.
[(35)] (Q "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 commercial establishment in which dogs_ or domesticated animals are housed. groomed. bred.
ZONING CODE REVISION-ReTseye, version
I I DRAFT - 2/1199
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preparation and/or for washing and preparing food
gardening.]
[(36) "Landscape" and "landscaping" mean to improve by landscape architecture or
[(37)] (¢4) "Land use"[:see "Use."] means use of land, building use and use of any
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ducks,.
other
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swine.
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production"
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t- operation or establishment
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and -other •• •
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farms. apoaries and
aviaries.
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building
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[(38)(A)] (f M "Lot" means a building site or a parcel of land shown as a unit on an
approved [and recorded] subdivision map[.], ora survey map.
street frontage.
street frontage.
[(38)(B)] (M "Lot line" means any boundary of [lot] a building site or property line[.],
[(C)] W "Interior lot line" [means] which is any ]pS line [of the lot] other than the
[(D)] (W "Rear lot line" [means] which is the lot line that is generally opposite the
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[(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.]
ZONING CODE REVISION-Remsever version
12 DRAFT - 2/8/99
u + I . } L • }I - • 1 . . . 1- • 1 1 • 1 . " . . 1 M-. KFIMITWORTMW
nIT4[..lTnr.mrwuri$Tllm-tmlmusmt =..q
refinement. alterglion and/or other end products suitable for sale or trade. General manufacturing.
"Manufacturing
••
1• •.1. packaging.
means
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uses:
i-tv•
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means a psmanent
facility for
non-profit recreati•1
•
aTd
do not
involve
chemicals or
the production • handcrafted
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civemight
care Qf
pataents but
n involme the}l11'1•outpatients."medicalDrofession•
Occupation"
is any
activity involving
the diagnosis. cure, treatment.
mitigation
or prevention of disease or
which
affects any
••.} function,
but does not includechiropractic
•.1.
massage treatment •.1•
LL'- 1'
means a psmanent
facility for
non-profit recreati•1
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ZONING CODE REVISION-Remfeyer version
13 DRAFT - 2/8199
• 11 /I 1 f .. P • . 1 . " . . 1 e 1 iT.T1 ROM1 U _ \ " 1 -
[(20)(D)](M "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.]
dwelling units.
[(20)(E)](77) "Multiple -family dwelling" means a building containing more than two
[(41)] CM "Nonconforming building or parcel' means a building or parcel lawfully in
existence on September 21. 1966 or on the date of any amendment to this chapter, but which does not
comply with the regulations for the Loping district in which it is located.
[(42)] (M "Non -conforming use" means a use lawfully in existence on September 21,
1966 or [a later] on the date of any amendment [hereto] to this chapter, but which does not conform to the
regulations for the ZQning district in which it is located.
[(43)] (M "Ohana dwelling" means a second dwelling unit permitted to be built as a
separate or an attached unit on a [lot where a dwelling unit is permitted pursuant to the provisions of article
26 of this chapter.] building site. but does_ not include a Quest house or a farm dwelling,
[(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)] LU) "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 [of] and which has a maximum width of
twenty feet.
maintained.
- ! . 1 : • • 1 11 111 - • 1 1n .] MIT, I1m1 1 1 . i - • -
[(46)] OW "Piggery" means any parcel or premises where five or more weaned hogs are
[(47)] LW "Plan approval' means [a method of allowing closer inspection of all
developments in certain] the review and approval of plans for new structures and additions to existing
ZONING CODE REVISION-Remsever version
14 DRAFT - 2/8/99
structures and certain uses in specified zoning districts in order to assure that the intent and purpose of this
chapter are carried out.
[(48) LM "Plein lines for future streets" means lines established on the zoning map 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 ttg street right-of-way[.],And
cannot be idg d in computing the minimum yard required on any building site. [(See sections 25-263
and 25-264(c).)]
[(49)] (M "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.
(89) "Repyir establishment- maiot" means an establishment which primarily provides
restoration reconstruction and general mending and repair cervaces- and which includes any repair
activities which aro likely to have impact on the voronment and adjacent land uses by virtue of their
pPAi'anC nice sjze traffic generation or operational characteristics. Major repair establishments
include but are not limited to:
,I mmm..... ..t
(86)
11,. , •.,... -2:111.17-1117-IMMIMM
"Public
use".
"public building"
and
"public structure"
"1111"1
means
a use
conducted
by or a
structure
1.
or building
••-I{II"1
own d
ll
• managed
•1
by the
\ nrr
federal
;lublic
'•
benefit
1" state of
<11 in accordance
e•
•
with
1"
public
• t�
..
�Mlfri
-
1 1.
-,•.
•. 1.1
•1
\ • -
. • 11
It -1 +11
11.
t. ".
by government
I.
private
entrepreneursor
•
non-profit
organizations.
(87)
"Recycling
center"
means
an establishment
on a building
site, with
or
without
MO.MmWEVVIMMIM4111M
.. •j
1• 1
.
11
.• ..
[(49)] (M "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.
(89) "Repyir establishment- maiot" means an establishment which primarily provides
restoration reconstruction and general mending and repair cervaces- and which includes any repair
activities which aro likely to have impact on the voronment and adjacent land uses by virtue of their
pPAi'anC nice sjze traffic generation or operational characteristics. Major repair establishments
include but are not limited to:
,I mmm..... ..t
. • 1 •1 11. • 1 •..,. - 1
11,. , •.,... -2:111.17-1117-IMMIMM
ZONING CODE REVISION-Ramsever version
15 DRAFT - 2/8/99
rMMjrMMjMjT.W4nM- a a .. al sa 1. 1• .,. -. 1 a 1-
(Al Automobile repair, including auto painting and motorized bicycle repair.
providedallsgpair work is performed within an enclosed structure and does not include repair of body and
fender and straightening
of
frame
and
body
Darts
• 1 a bona
fide manner
(R)
Eyeglasses
hearing
aids
and
prosthetic
devices.
production
and repair.
for .
. 1 a r Treals.
Additionally.
at leas
f ar . - " , a
(C)
(D)
Fumiture
Garment
upholstery.
repair.
1
(E)
(F)
General
Non -motorized
repair
shoo.
bicycle
repair,
(G)
Radio
television
and other
household
appliance
and equipment
repair
except
for those appliances
with gasoline
Shoe
engines.
(H)
(I)
Watch.
repair.
clock
and
jewelry
repair.
[(50)] (Qll "Resort area" means an area with facilities to accommodate the needs and
desires primarily of visitors, tourists and transient guests.
'
"Restaurant"
meansanestablishment
which
is regularlyand
• 1 a bona
fide manner
for .
. 1 a r Treals.
Additionally.
at leas
f ar . - " , a
1
1I Mill. ar
. •... r
the consumer and may include display rooms and incidental manufacturing of goods for retail sale on
premises only, Typical retail establishments include convenience stores grocery and specialty food stores
general department stores drug and pharmaceutical stores hardware stores pet shops. appliance an
apparel stores tour, travel and ticket agencies d other similar retail activities The term does not include
open storage yards for new or used building materials yards for scrap salvage operations for storage m
display of automobile parrs service stations repair garages or veterinary clinics and hospitals.
[(5 1)] M "School" [refers to] means a place for teaching, demonstration, [or] learning[.],
or organized group instruction. Unless otherwise qualified, "school" means a place for primarily academic
instruction equivalent to what is commonly known asrep school, kindergarten, [grade] elementary school,
intermediate school. high school, trade or vocational school business school. college or a combination of
any of them.
ZONING CODE RENSION-Ramseyer version
16 DRAFT - 2/8/99
• • • 11-•1 V I MUIRTH MMMMMMMIll1• MrOn 1104,
, • n • , t 11 - 1 CIO to • • • • • • 1 - . • 11 • • l 11 - 1 - 1
• •1 ". • .1 •- -•
unit.
[(52) "Story": refer to Building Code (chapter 5).]
((20)(F)1(,20 "Single-family dwelling" means a building containing only one dwelling
[(53)] (21) "Street" means a [private or public way or thoroughfare, however designated,
which affords the principal means of vehicular access to abutting properties.] right-of-way for vehicle
purposes and pedestrian traffic and the placement of utilities. or a private right-of-way for vehicular
purposes, which provides access to buildingis tes.
[(54)] (M "Street frontage" means that portion of a building site that has a common line
with a street right-of-way line [and thej.� street frontage is designated as the front property line.
[(55)] (22) "Structure" means [any combination of materials forming any construction the
use of which requires] anything above 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 4r
repairing a fixed location on the ground[, and shall be construed as though followed by the words "or part
thereof."] The term "structure" includes the term "building".
[(56)] (19Q1 "Surveyor" means a person duly registered as a professional land surveyor in
the State.
�
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uses, Not included
medical equigment
rM W,
are pgrtable.
••: 1'
hand held
atfi=uencies
•
and vehicular transceivers
designated for 1. 1ju=se
Y. ..1•
or radiosm industrial-
by the
scientific and
Commission
. • • .. 1 . - 11 .
radio and television
1' • 11• •1
marketed
• 1 1 •
1
appliances,
"Theater"
. 1.re
consumer products.
• ..1 .
means
fihns—Indudd
such as microwave
• 1 - 1 •
1 1 is used primarily
arcperforming • 1.
ovens -citizens
1 - . 1 11
•r the
1 -F concert halls•1•
•al•
• 1 1
performing
radios. I,u
. 1 zindividu4I
•. 1 or for 1
other typgs of live
ZONING CODE REVISION-Ramsevx version
17 DRAFT - 2/8/99
s 11 " 1. I 'r
OCCLpjed or possessed under an ownership and/or use agreement among various persons for less than a
sixty-day period in any year for any occupant and is regulated under the provisions of chapter 514E.
Hawaii Revised Statutes as amended
[(57)] (104) [(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 customarily associated with and
subordinate to the main or principal use and which is located on the same building site therewith.
(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.]
rRIMINEW TTMerrinvarmnM W,M Me FMrs Mpwawiq I,ItIM
and/or other gpnas within a building for subsequent delivery transfer and/or pick-up.
(106) "Wholesaling and distribution" means the sale and/or distribution of manufactured
and/or processed products merchandise or other goods in large quantities for subsequent resale to retail
establishments and/or industrial institutional and commercial users.
[(60) (A)] L Q71 "Yard" means an open space on the same [lot] building site with a
building, which open space lies between the building and the bounding lot lines, and is unoccupied and
unobstructed from the ground upward except for landscaping and except for [certain features specified in
division 10, article 1 of this chapter.] fences, walls, architectural features. pools. porte cocheres. cornices.
canop1PG roof overhangs eaves porches balconies terraces fire escapee stairs ramps and other similar
[(B)](Q) "Front yard" [means] which is a yard lying between the street line on
which the [lot] b liu tding site fronts or the Future width line or the plan line for future street and a line
parallel thereto which runs through the point of the building nearest to said street line[.], future width line
or plan line. The depth of said yard is the distance between the parallel lines. [(See section 25-62(c).)]
[(C)] (M "Rear yard" [means] which is a yard lying between the rear lot line and
a line parallel thereto extended to intersect the side lot lines, which line runs through the point of a main
building nearest the rear lot line. The depth of said yard is the distance between the parallel lines.
[(D)] (C) "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.
ZONING CODE REVISION-Remsever version
18 DRAFT - 2/8/99
((6 1) "Zone" means a district as used in this chapter.]
ZONING CODE REVISION-Remseyer version
19 DRAFT - 2/8/99
[Division 2.1 Article 2. Administration and Enforcement.
Division 1. General Administration.
Section [25-5-125-2-1. Duties of [County] county officers.
(a) [It shall be the duty of the] 13m building official [to] jbA[[ enforce any provisions of this chapter
relative to building construction and occupancy.
(b) [It shall be the duty of the] 117g director [to] jbAiJ enforce all other provisions of this chapter
pertaining to land use.
(c) [It shall be the duty of all] AU law enforcement officers of the County [to] LIMU enforce all the
provisions of this chapter.
Section [25-6.125-2-2. [Prohibitions in issuancel Issuance of permits or licenses[.] in
conformance with chapter. All departments, officials, and public employees authorized to issue permits
or licenses shall conform to the provisions of this chapter and [shall issue no permits or licenses for uses,
buildings, or other purposes] no permit or license for any use. building, or other puEpose 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.
Section 25-2-3. Review and acceptance of applications.
1 ...
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ZONING CODE REVISION-Ramaeyer vanion
20 DRAFT 2/8199
is
The 1 .1 a semi-monthlybasis. - list of all applications accepted1
the property owner. tax map key number(s) of the proprM. the land arga, aLid 5treet address. if available,
11 1 1 1 1 1'ri 1 1 F 11 1 1. 1.. 1. 11
1 - • a• .
MWATIM, .' '• • - • I- ell • • . • _ • • ( e,
by application if the building . -. within the state land use urbanor rural
1 notice shall• - spned • 1 the owners • , • lessees of . . of • of 1 1 any
portion is within five hundred feet of any point algl3a the perimeter boundary of the building site affected
. f - • 1 . . 1 l • • 1 • - - • 1 1 1 • district-- ut 1 •
.1 the owners •.1• lesseesofrecord of . hich any portion is within three hundred of 1"
buildinu
• The •. .. 1shall first serve nglice of 1- filing• the•. . 1 on the suffoundingowners
and lesseeswithin t1 •avLaftc 1 - • • • 1 1 . been filedwith the director or • 11 11 • 1 1 • shall
serveagain notice of the a2plication .1. of any . ..,.. action or public hearing •1 the surrounding
ownersand -within= dUs afterreceivingnotice from 1 director or 1 - commission . the • . -
.wf1 . ... . . 1 or 'reari,1 r 1 - . 1 l 1 . 1 . . - . , . . , - I l . . . . l
ate
of the proposed . 1 or hearing.
1 • ' " 111 1 1 ' the nwnes and ... of the affected owners and of record,
required . . 1 section, the a2plicant ghallthe data ay Rable 1.11 the real Rroperty tax • 1
cel
. . ... 1. 1" 1- • . 1.. -. J 1"1 1. - . •. .1. . • -.1 . 1
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ZONING CODE REVISION-Ramseyer version
21 DRAFT 2/8199
1' •• ,1 1, •11 1 •• 1" •il It •1 rr •• • ••
Droof mgv consist of certified mail receiots. affidavitq declarations. or the like. The failure of a nronertv
=6411TOWtIMIMMIRM&M (.711 '. 01.
911M. in Mr. =1111 MEM1,111VIM-M-A" M-00411
serve notice •1 1" affected property owner or lessee,
Section 25-2-5. Public hearing notigm
(a) Unless otherwise provided, whenever published notice is required under this chapter prior to
any •1111 •1 public hearing,1" commissionpublish 1• of 1" hearing in at least two
newspapers of general circulation in the County. at least ten days prior to the date of the pub] ic hearing.
unless a lonver time period is reQuired by either statute or charter provision, in which case, the notice
- . i provided by statute or charter provision shall apply, The notice shall specif3� the time. date and
place of 1 - hearing- purpose and • description • 1 " • • • ' f \ any, involved.
r The commission 11 • publish • 1 • • • - • notices of 1 public hearings t• • ' held • • 1 the
%.11' �. • • •'� 1.. 1" rl 1 r. !• •- 1 •fll •1 • 1' 1" 1!" 1. - ..Ir
• 1' • P• •1• FY4' r •1 • V TWOM l\ 1 • MT
Section [25-9.125-2-6. Waiting period after denial of application [for relief]. Unless
otherwise provided in this chapter- [Whenever] whenever an application for an amendment to this chapter,
or for a variance [, use permit, a plan approval, or a P.U.D.] from this chapter or for any other permit
authorized under this chapter has been denied, no new application for the same relief. action or use
covering all or any portion of the property involved in the original application shall be [received] accepted
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, however. that upon a showing of a
substantial change of circumstances, the [planning department or planning] director or commission may
permit the filing of [such] ft new application prior to the expiration of [such] thg one year period. Nothing
contained [herein] in this section shall prevent the council or 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 [25-10.125-2-7. Utilization of approvals within two years. Whenever any [variance,
use permit, plan approval, or sign approval] permit or approval issued under this chapter, not otherwise
conditioned. except for any amendment of this chapter reclassifying a zoning district. has not been utilized
within a period of two years from the date of [final] the written permit or approval, [then without any
further action such variance, use permit, plan approval, or sign approval shall become voided and
thereafter may not be used.] the director shall initiate proceedings to invalidate the permit or approval, The
ZONING CODE REVISION-Rameeyer version
22 DRAFT 2/9/99
the permit or approval, In the event that an appeal is filed regarding any permit QE appEoval issued under
this chapter. tL113ZER�T provided for under this section shall not commence to run until a final
decision is rendered in the appeai,
Section [25-11.125-2-8. Effect of changing districts on prior approvals. Every administrative
action for any given [parcel of land] building site becomes void upon the changing of the district within
which the [parcel] building site lies unless the action is for the approval of an existing -nonconforming use
or structure. or such administrative action deals with a regulation which is precisely the same under the
regulations of the new district or unless the administrative action is taken with full knowledge of a
proposed or impending change of district, in which case the approval of such administrative action shall
state that the action is equally acceptable under the existing and proposed or impending specified new
district.
Section (25-12.125-2-9. Applications including lesser [action.] actions: concurrent
applications,
(a) An application for any administrative action meaning any action requiring approval of only
the director and not the commission, may include a request for a lesser action without payment [for] gjany
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:
(1) P.U.D.;
(2)
Variance;
(3)
Use permit;
(4)
Plan approval;
(5)
Sign approval.] Two or more applications involving the same building site or the
same promrequiring commission action may be considered concurrently by the commission, provided
that the commission decision on each application shall be issued separately by the commission.
(c) [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 indeRendently of other applications for
administrative or commission action, and any decision on an application for an amendment to this chapter
shall be issued separately from decisions on other administrative or commission requests.
Section 125-13.125-2-10, Privileges granted run with land. All [administrative actions]
amendments to this chapter and all permits and approvals issued under this chap= shall apply to the
applicable land, building, development, or use and shall not be granted if the action sought would not be
ZONING CODE REVISION-Ramseyer version
23 DRAFT 2/8/99
equally acceptable under a variety of owners, and such privileges granted shall run with the land and shall
not reside in any particular owner or occupant of any premises.
Section 25-2-11. Waiver of requirements in consolidation and recybdivisinn If the director
finds that the public welfare and safety will not be violated the director may waive portions or all of the
requirements and standards of this chapter for consolidation and resubdivision action resulting in the
creation of the same or less number of lots than that which existed prior to the consolidation or
resubdivision action: provided. that prior to the granting of any waiver. the director shall confer with the
chief engineer and the manager of the department of water supply and other applicable government
gpencies.
Division 2. [Administration and Enforcement.] Appeals.
Section [25-7.125-2-20, [Appeals to the board of appeals.] Persons who may appeal.
procedure.
(g) 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 appealable to the circuit courts under state law. may, within thirty days after the date of the director
or [the] 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:
(1) 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 .•.
purposesfor the
• Any • F•1 aggrieved by the decision of 1- director or 1 commission regardinga variance
application- ma aRpcal such decision in "cordance with the 2rovisions of sections 25-2-55 througlL
25-2-57 of 1 1•
persollis aggrieved by decision • 1 - directoror 1e commission
The•. F• 1 has •.1 interest1the subjectmatter of he decisionthat is • directly and
immediatelyaffected, 1•. 1- person's 1 -distinguishablefromthatof 1general
.1•
T1' person is or be adversely '. by 1 decision,
• itappeal shallbe in 1' 1 1' •111 prescril.ced . 1- .•. . I ••-. .1• 1 all scivicify
the person'snterest1the subaectmatterof 1' al2psal •.1 • 1' grounds of 1- "peal, Any1 •.-•
ZONING CODE REVISION-Ramseyer vemim
24 DRAFT 4/9/99
shall be accompanied
by a filing fee of
$250. The person
appeahruz
a decision of
the director
Wienever
or
any appea'!
is
filed
after
a prrmit or
approval has been
- . and 1 permit or
approval contains•11
• 1 •1" +i-
-1 • ••'alt 1 1.
• • •'
1- ••. sirnel .••-.M
performance
commence1
IT •• • '
wit1 1 specified
a1"
time periods.
a finaldecision is rendered
•'11 S". •
71111•. . • •r'.
[Section 25-5. 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.]
ZONING CODE REVISION-Ramsever venion
25 DRAFT 218199
Section
25-2-21,
Performance of
permit conditions pending
appeal.
Wienever
any appea'!
is
filed
after
a prrmit or
approval has been
- . and 1 permit or
approval contains•11
. .
- ,
performance
commence1
wit1 1 specified
a1"
time periods.
a finaldecision is rendered
1 time for performance
in the appeal by
• any
the board
1 conditions1
of appeals
or by
the courts,
1
Section
(a)
25-2-22,
With On twenty
Conduct of appeal
days after receipt
hearing. costs,
of a notice of appeal.
the director
or comm
appropriate.
shall transmit
to the board of
appeals the entire record
or file of
the proceeding
being
appealed,
The " 1
• or 11 the
director or • 11 11
. 1. as appropriate.
sf
• be
. • t of
1
board
of appeals'
record
A full hearing
in an apgmal, and
be held 4
shall be reviewed 4 the
the board of appeals,
board of
in any appeal,
al2g&als in
in accordance
the
appeal,
with
chapte
91,
(b)
Hawaiiat.
(c
1r
) A verbatim
T.*rt
shall
audio recording or
rjppv&Lr .��.. . .
stenographic record
...'. •. - •
be by the
shall be made
1 - ... 11
ordering such
of the hearing
- . . •
copy
or copies.
and shall
1
11 �.
ordered
direct
appropriate
by
.
Section
r or
any paM.
The appcllant
the commission
instructions
with the cost thereof
has the burden of
iii\, 1 review,
-or may reverse
if based u2gn the
to l2aid party
proof in an appeal before
The board . appealsmay
or modify the decision
preponderance of evidence
in
the board
affirm
• 11:1
the board
its decision:
of apRcals,
thedecision
• the decision
finds
thav
o
1
1-
unwarranted
(3)
The director
The decision
rI decision
Th
exercise
• • II II • 1
violated this chapteror
. 7Y• • or
of discretion,
...)ropriate, erred
.. ..
other applicable
capri6ous or characterized
-law% or
4 an
abuse of discretion
or
cleuly
• 1,
Section
Hawaii
25-2-24,
Revised
Adoption of rules.
Statutes-necessaa for
The board of jWpeals
the implementation
sh 11 adopj
of 1' provisions
rules
regar.
pursuant
1'
to
appeals,
chal2te
ZONING CODE REVISION-Ramsever venion
25 DRAFT 218199
Section [25-14.125-2-30. [Approvals void upon failure to comply with conditions.]
applicable requirements of this chapter. Failure to comply with [any] conditions imposed as part of
[attached to] any [administrative] approval [shall void such approval.] or permit. including variances from
the provisions of this chapter, shall constitute a violation of this chapter.
Section 125-15.125-2-31, Criminal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon
conviction thereof shall be sentenced as follows:
(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior conviction for
violation of this chapter, by a fine of not less than $500 but not exceeding $1,000,
(b) After a conviction for a first violation under this chapter, each further day of violation shall
constitute a separate offense if the violation is a continuance of the subject of the first conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii
Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes.
(d) Any authorized personnel may issue a summons or citation to an alleged violator in
accordance with the procedure specified in this section. Nothing in this section shall be construed as
barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant
or such other judicial process as is permitted by 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 modern methods of arrest, so designed to include all necessary information to make the
same valid under the laws and regulations of the [State] state of Hawaii and the County [of Hawaii].
(g) In every case when a citation is issued, the original of the same shall be given to the violator,
provided that the administrative judge of the district court may prescribe the giving to the violator a carbon
copy of the citation and provide for the disposition of the original and any other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of
its respective original.
ZONING CODE REVISION-Ramwyer version
26 DRAFT 218199
Section 125- .1 25-2-32. [Authorized Personnel.] Right of enter 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 lot] or upon a building site a condition which is contrary to or in violation of this
chapter which makes the building or premises [of the lot] or the building site unsafe, dangerous or
hazardous, the authorized personnel may enter the building or premises of the [lot] building site at
reasonable times to inspect or to perform the duties imposed by this chapter, provided that if [such] the
building or premises [be] jg occupied that credentials be presented to the occupant and entry requested. If
such building or premises be unoccupied, the authorized personnel shall first make a reasonable effort to
locate 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.
Section 25-2-33. Limited liability of authorized personnel. [(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 County until final termination of such proceedings,
and anyjudgment resulting therefrom shall be assumed by [this jurisdiction.] the County.
Section 125-16.125-2-34, 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 125-16.1.125-2-35. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections [25-15 and 25-16,125-2-3 1.
25-2-32. and 25-2-34, if the director determines that any person is violating any provision of this chapter,
any rule adopted thereunder, or any permit issued pursuant thereto, the director may have the person served
by personal service or by certified mail, with a notice of violation and order pursuant to this section. I]m
(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;
ZONING CODE REVISION-Rams"w version
27 DRAFT 2/8/99
(3) Section number of the provision, or rule, or the permit which has been violated;
(4) Nature of the violation; and
(5) Location and time of the violation.
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the person's own expense before a date specified in the order;
(3) Pay a civil fine not to exceed $500, in the manner, at the place and before the date
specified in the order;
(4) Pay a civil fine not to exceed $500 per day for each day in which the violation
persists, in the manner and at the time and place specified in the order.
(d) The order shall advise the person that the order shall become final thirty days after the [date of
its personal service] 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 of ] 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 through 25-2-24 of this chapter[; provided,
however, that the board of appeal.; 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 25-71. 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[,J assessed under this section shall constitute a lien upon the subject property upon the
tiling 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.
ZONING CODE REVISION-Ramseyer vemm
28 DRAFT 218199
Section [25-17.125-2-36, Remedies cumuiative. The remedies provided in this chapter shall be
cumulative and not exclusive.
[Division 3.1 Division 4. Amendments.
Section [25-18.125-2-40, When [Zoning Code1 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[.], and
when such amendment would be consistent with the Eoals. policies and standards of the general plan.
Section [25-19.] 25-2-41. Who initiates amendment. An amendment may be submitted by[:
(1) The council;
(2) The planning director; or
(3) Owner of the property.] the council, the director. the owner of the propem. or any
other person with the propeM owner's authorized consent,
Section 125-20.125-2-42, Amendments initiated by property owners[.1 and other persons.
[(c)] (a1 [Application] An application for a change of zoning district by a prgpem owner. or any
other person with the property owner's concent. shall be on a form prescribed by the director and shall be
accompanied by:
(1) A filing and processing fee of [$100.] S500 plus S25 per lot or unit proposed by the
(2) A description of the property in sufficient detail to determine its precise location.
(3) A plot plan of the property, drawn to scale with all existing and proposed structures
shown thereon, and any other information necessary to a proper determination relative to the specific
request.
[(4)] 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.] reouired by rules
adopted by the director in accordance with chapter 91 Hawaii Revised Statutes.
(b) Within ten days after filing an application for a change of zone the applicant shall serve notice
ZONING CODE REVISION-Rams"er version
29 DRAFT 2/8/99
[(a)] ( In considering an amendment initiated by a property owner or other persuu which
proposes to change the district classification of any property, the director shall consider the purposes of the
existing and proposed district and the purposes of this chapter and shall recommend a change in a district
boundary only where it would result in a more appropriate land use pattern that will further the public
necessity and convenience and the general welfare[.] and be consistent with the goals- policies and
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.
(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 maybe agreed to
(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 proposed amendment within
the one hundred twenty day period_ the application shall be forwarded to the commission without any
.1111"�.. .1 .II �- . . .,. ,� . - . . �. .- .f .� -. : Cu1L•i�
[(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
ZONING CODE REVISION-Ramseyw version
30 DRAFT 2/8/99
commission determines that the actions of the director were proper, the applicant may appeal the decision
to the board of appeals.]
1 Thecommissionaball review any application1 • by property • or other persoi
,j for
[oi�+l • 1 • 1 • " • 1 � I •ELR•lllll
[4110rummum• • •• • 1 Til 1 • IIRB• -
le •• �' •l•• • • 1'1.• • •• .1 EI" •111 • 1•
provide notice by publication of the hearing. as provided in this chapter.
Withinten days after receiving notice of 1 " date of I " public hearing, •
shall serve notice of the hearing on surrounding owners and lessees of record as provided by
section Theapplicant s1 also serve notice • owners and lessees of • • interests in other
• • • - •ies which the may find to • - directlyI • by 1 ' proposed amendment.
Within I 1" dUs afterof the application from the • •r- unless a longer
•' •• • •• 1"•• 1 1 •11 •1 1 1< fI f••••• 1.1•-• •1-••1.1
toggther with its recommendations1 •1throughthemayor to thecouncil, TI " commission shall
recommend a2proval in whole or 1 part- with or 1• modifications, •1 E9.j;&ji2U Qf sud,application,
1 1' 1 1 •. 1 •1111 • 1fails to actLo-ri tVe 1 • •1 ! 1 r ni-rev-dav •- •• *e aDDliCatiqT
1 • ' • 1 • ' ' • . 1 _ 1 .• . • - • 11 11 " 1 •• • 1 1 I " • 11 11 • 1 1 1 1 " • • • 1 1 • "
1 11 1 - 1 1 • . 1 1 - 11 • • 1 " • 1 1 1. • 11 11 M l • . • 1
Section [25-21.125-2-4-4. Amendments initiated by the council and director.
(a) Any amendment initiated [by the council or] by the director shall be [prepared by the director
and] reviewed by the [planning] commission.
V77N-1•n-1 1: 7 .R 1-• • 1- •nD •1 . I 1 • • •I
land.notice shallbe provided h 1 •ull •1 in accordance
Withdays
with subsections
amendment the di=tor.
(c ) .1•
thecommission
1 after. of 1-
shalltransmit 1 proposed •.N1•N-1 .• 1 1its
1•u
recommendationsthereon
through themaygLtQ
1- •1 11- conTrission shalt req,•m-neTIi•. .
• •1 • 1 c u 11 u' 1 1 tire eve-aftat ftewwTrissionlai6Ao
.� .. •.1 1• •1 1-. • , MW-WT-FCV 1
! 1• . I t)a-twfth-ot-witho_ut-modificationL.
act •1 the
• • •• R M •Dull•
•. n-1• a-1
•1 • 1" •Iln •1
ZONING CODE REVISION-Ram•eyelvenion
31 DRAFT 218199
(b) [The director shall study the proposed amendment and shall submit a recommendation to the
planning commission for its revicw and recommendation to the council.
(l) 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.)
The council shall refer any proposed council -initiated amendment to this chapter to the director and the
commission with requests for their respective comments and recommendations thereon, prior to the first
reading of any such amendment The director and the commission shall each submit comments and
recommendations on the proposed amendment to the council within one hundred twenty days from the
date that the amendment is transmitted by the council to the director and the commission.
►. •1 1 . 1. 1 . .I 1: 111IFF1.1
1• 11 ....a Ilu l I I'MePrTIMM771104. PMMT1• 41TILTA
11.1 1 • 1 1 11 • • 1- •1 11 •pu •1 1 •uu-11 ... • 1
TI -1 . 1 ...
1. 1• n•.. •1 . . •1. 1,re-r nelt. hitb-1 1•t�nu •1
•I 1-._u-1'nl 111-•1.11.•..-1. 1.review.: •..suO1. •1 shall be considtmd
..1 1 • .1 - 11tH-,-- 11 . 1- •1111 11
Notice by mail to surrounding owners ,.
lessees of
-� -•
record
of 2ro2erties
within the
by tle •1
1..11• . 11 . 11 1 1• •
n. 1• 1 1 1. ...
•
. 1 1 1 ...
.1 ,n11u1
n
I
1�
1••
1 1
director71
1 + 1 notice of 1 - commission's 2ublic
hearing
1 at
•
newspapers
•general
circulati• 1 in the County. once a week forthree • 1 -
1
the last
notice
to be at leas=
ZONING CODE REVISION-Remmyer version
32 DRAFT 218M
SectiqT 25-2-44, 11
1 - . a_ . ,_- _,. 11 MCI 1 RTM 11M IMI TI . .. • MIM.
1 - .
Section 125-18.1.125,245, Nonsignificant zoning changes.
(a) The [planning] director may administratively grant gpy nonsignificant zoning [changes,]
change. [which is defined as a change in district classification
(1) 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
M-TilVAQ1 1 u I-IMM11 1 •1. TUMT.,111 • 1 • .. .+ ••1
ZONING CODE REVISION-Ramxyer version
33 DRAFT 7/9/99
....
any
.....
which
may
be
invo!ved.
(d) Notice
o owners
of any
propertieso
the proposed
a1 I•n
.. led
bmail
from the
director.
,. later
thana
,.
publichearing
SectiqT 25-2-44, 11
1 - . a_ . ,_- _,. 11 MCI 1 RTM 11M IMI TI . .. • MIM.
1 - .
Section 125-18.1.125,245, Nonsignificant zoning changes.
(a) The [planning] director may administratively grant gpy nonsignificant zoning [changes,]
change. [which is defined as a change in district classification
(1) 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
M-TilVAQ1 1 u I-IMM11 1 •1. TUMT.,111 • 1 • .. .+ ••1
ZONING CODE REVISION-Ramxyer version
33 DRAFT 7/9/99
WITT.Fiff MlIUMMMURIRTIPMRSTIMM1 rfllfflrz 1- . 1 1
MITH MMM,
(2) he the lesser of a five percent or one acre increase or decrease in the area of anv zoning
district(s).
[(b) The director shall promulgate rules in compliance with HRS chapter 91 to carry out this
section of the law.]
[Division 4.1 Division 5. Variances.
Section [25-22.125-2-50, 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 (25-23.125-2-51, Grounds for [variances.] variance. [No] -A variance may QJJU 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
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] ja 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 125-24.125-2-52, 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 property involved;
shown thereon;
(3) A plot plan of the property, drawn to scale, with all existin¢ and proposed structures
(4) A list of the names and addresses of all surroundin¢ 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 by section 25-2-4: and
(5) Any other plans or information required by rules adopted by the director[.] ju
Section [25-25.] 25-2-53—[Procedure for variances.1 Notice of action on variance application.
ZONING CODE REVISION -Ram "er version
34 DRAFT 218/99
(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 surrounding owners and lessees of record.
as provided bisection 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:
(1) 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 of certified mail receipts, affidavits, or the like.
(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.] ]IM
applicant shall also serve notice on owners and lessees of record of interests in other properties which the
director may find to be directly affected by the variance sought.
(b) The director shall publish notice of the date of the proposed decision by the director and the
date by which written comments must be received by the director in at least two newspapers of general
circulation in the County, at least ten days prior to the date of the director's proposed decision.
Section 125-26.125-2-54, Actions by director on [variances.] variance.
U) 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)] (W 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)] (0 If the director fails to act within the prescribed period, the application shall be considered
as having been denied[.] and the director shall immediately inform the applicant of such denial. [Such
denial is appealable pursuant to section 25.27.1 of this article.]
Section 125-27.125-2-55, Review of director's action [(by non -applicant).] by non -applicant.
ZONING CODE REVISION-Ramaeyer version
35 DRAFT 2099
(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 variance that its interest in the
action is clearly distinguishable from that of the general public, then that] lk interested party may request
the [planning] commission's review of the director's action. For purposes of this section. an "interested
party" means a person who (1) has a property interest in the subject property- or (2) owns or is the recorded
lessee of propeM within the boundaries established by section 25-2-47 or (3) can otherwise demonstrate to
the satisfaction of the commission that such person will be so directly and immediately affected by the
proposed variance that the person's interest in the action is clearly distinguishable from that of the general
public. [Such] I]g request by an interested party must be made in writing within [ten working] fifteen
days after notice of the director's decision, and shall [be in writing, containing] contain a statement of [its]
l]Ig grounds[.] of the objection. The request shall be accompanied by a non-refundable filing fee of $250.
(b) [Procedure for Review.
(1)] The [planning] commission shall [consider] accept a request for review of the
director's action[,] only if the request is submitted in writing by an interested party within the time period
pr c rib dby subsection (a) above The commission shall consider the request at a regularly scheduled
meeting of the commission, at which time the applicant and the person who requested such review shall
have an opportunity to be heard.
[(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 hearinE. as
defined in chapter 91Hawaii Revised Statutes shall not be held by the commission on any variance
[(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.
ZONING CODE REVISION -Ram yv version
36 DRAFT 2/8/89
(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 hearing on the applicant and on surrounding owners and lessees of record as
provided by section 25-2-4 The interested party shall also serve notice on owners and lessees of record of
interests in other properties which the commission may find to be directly affected by the variance sought
(e) The commission shall provide notice by publication of the public hearing in accordance with
the provisions of this chapter.
[(d) Actions on Review.
(1)] (Q Within [sixty] pints 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 either deny
the variance application or approve it subject to conditions, stating the factual findings supporting the
variance[.] denial or approval. [(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.
Section [25-27.1.125-2-56. Appeal of director's action [(by applicant).] by 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) A non-refundable filing fee of [$100;] $250: and
(2) Ten copies of a statement of the specific grounds for the appeal.
(c) [Notice and Hearing.
(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.] Eag
commission shall provide notice by publication of the public hearing in accordance with the provisions of
this chapter.
ZONING CODE REVISION-Rams"er vemon
37 DRAFT zeros
r - commission shall provide t- notice of the public hearing, -1 days prior to the
hearing.o persons who 1,. submittgd timely obectionsto the variance application before the .
commission shall • . . hearing withinperiod of days fromthe date the
written • r - .l i5 accepted by • LL • I unless t1 . period ' • by • rlicant. A contested
amc �?ari-f a. as defined under cbmwor-91-Rawaii-grim:1
any variance appeal.
•) Actions on rr'
(1)] (Q Within [sixty] ninety days after [the close of the public hearing] acceptance of an
applicant's variance appeal. or within such longer period as may be agreed to by the [appellant,] applicant,
the [planning] commission shall affirm, modify, or reverse the director's action.
[(2)] (yl 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.] chanter•
[(3)] (W 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
for deferral.] If the [planning] commission fails to render a decision to affirm, modify, or reverse the
director's action within the prescribed period, the director's action shall be considered as having been
affirmed.
Section 125-27.2.125-2-57, 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,] any person aggrieved by the
decision of the commission, may appeal such action to the board of appeals in accordance with [its rules.]
this chanter.
[(b) All actions of the board of appeals are final except that they are appealable to the third circuit
court in accordance with chapter 91 of Hawaii Revised Statutes.]
[Division 5.] Division 6. Use Permits.
Section 25-2-60- Purpose. Use permits are permits for certain permitted uses in zoning districts
which require special attention to insure that the uses will neither unduly burden public agencies to provide
public services nor cause substantial adverse impacts upon the surrounding community.
Section 125-28.125-2-61, [Use] Applicability: use permit required.
(a) [A use permit shall be obtained from the planning commission for the following uses within
designated County -zoned districts unless specifically permitted in a zoned district.] The following uses
ZONING CODE REVISION-Ramseyer version
38 DRAFT 215199
[(1) All districts, except ML, MG and O districts: churches, temples, and other
institutions of a religious, cultural, philanthropic, or charitable nature. A minimum lot area of ten 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 of ten thousand square
feet is required within the RS, RD, RM and RA districts.
(3) All districts, except RS, RD, RM, RA, V, S and CN districts: 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 area of ten 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
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 or removal 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.
(10) In the ML districts: public dumps.
(11) In the ML districts: sale, storage and sorting of junk, waste, scrap, discarded or
salvaged material, machinery, automobiles or equipment, but not including processing.
(12) In A and U districts: Golf courses and accessory services, including golf clubhouse
and pro shop/restaurant facility.
(13) In RD, RS, RA, A, IA and U districts: bed and breakfast establishment.]
ZONING CODE REVISION-Rammyer version
39 DRAFT 2/6199
(2) Crematoriums in all districts
(3) Churches ttmples and synagogues including meeting facilities for churches temp]g3,
•. 1 t �.• C.0 ell 1 • • 1'I . 11 11.IM
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1•. "l.l - 1_1_"!:. .1 �_',___— r 1• !' \ L� \U I, a is 1 •
1 Hospitals,sanitariums. • 1age. connt.nursing and rest homes, I' • n
d other
11 1- • ' • - • + 11"1 • 1" "1 1' • 1 1 IIL 1 f" �_• iLL �
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_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 Shlfl chapter [251 and [its] the aonlicable
district [regulation.] regulations.
(F) A use permit shall not be required for any use described in subsection (a) above, if a special
Section [25-29.125-2-62, [Procedure] Application for [obtaining) use permit[.];
requirements,
(a) [Application] An 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.
ZONING CODE REVISION-Rammyer version
40 GRAFT 2/8196
(b) The application 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 property involved;
shown thereon;
(3) A plot plan of the property, drawn to scale, with all existing and proposed structures
(4) A list of [the] names [and], addresses and tax map key numbers [of all owners of
property interests in property located within.4 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
(5) A written description of the proposed use and a statement of objectives and reasons
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;
(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.
Section 25-2-63 Procedure for use permit.
[(c)] W Upon [receipt and] acceptance of a [properly filed and completed] use permit application,
the [planning] commission shall fix a date for [the] 1i public hearing. 'Be public hearing [which] shall be
[held within] commenced no later than sixty days [of receipt] after the acceptance of a [properly filed] usg
ponlit application [or within a longer period as may be agreed to by the applicant.] by the director. A
contested case as defined in chapter 91 Hawaii Revised Statutes shall not be held by the commission for
any use permit application.
(¢) [Within three working days after receiving notice of such date, the] I]g applicant shall serve
notice of the use permit application on surrounding owners and lessees of record [of interests in properties
within three hundred feet of the perimeter boundary of the applicant's property and to] asprovidedby
section 25-2-4 The applicant shall also serve notice on owners and lessees of record [of] interests in other
properties which the [planning] commission may find to be directly affected by the use permit sought.
[Such notice shall state:
ZONING CODE REVISION-Ramseyw version
41 DRAFT 419199
(1) 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.]
W 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
[IMMUMUMMMMi . ... . r .1URMIT-T-IM
[(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 useep rmit,
[(e)] W Within [sixty] ninety days after [the conclusion of the hearing or within such longer
period as may be agreed to by the applicant,] acceptance of a use permit application. the [planning]
commission shall [render a decision.] either deny or approve the application. The commission's decision
IT -11 u i I .arrm4MM{ t r• ...iWI• a.M.• i- 1.1
1 +�. - •-w •. RIM� 1. .II 11 .I 11 - ... . •I l99fiV
conditions- including hours of daily operation and terms of the use permit. The conditions imposed by the
commission shall bear a reasonable relationship to the use permitayr nted,
(c) If the [planning] commission fails to render a decision within the prescribed period, the
application shall be considered as being approved, provided that no written objection to the use permit is
received by the commission..
W Concurrent requests may be acted upon by the [planning] commission in conjunction with
[the] a use permit [procedures.] application.
[(f)] A use permit may be granted by the [planning] commission upon finding that:
(1) The granting of the proposed use [will] shall be consistent with the general purpose of
the [zoned] ypniae district, the intent and purpose of this chapter, and the [County] general plan;
(2) The granting of the proposed use [will] Ihall not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community's character, to surrounding
properties; =d
[(3) The granting of the proposed use will not adversely affect similar or related existing
uses within the surrounding area, community or region; and]
ZONING CODE REVISION-Ramewyer vemm
42 DRAFT 218199
[(4)](1) 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] any person aggrieved by the decision may appeal [said] the commission's [decision in writing]
action to the board of appeals [pursuant to] in accordance with [its rules.] this chanter.
Section
25-2-67,
Revocation
of a use .
u
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[Division 6. Reserved.]
[Article 20.] Division 7. Plan Approval,
Section [25-241.125-2-70, Purpose. Plan approval provides a method of allowing closer
inspection of certain development and inspection of all development in certain districts in order to ensure
conformance with the general plan, to assure that the intent and purpose of this chapter are carried out[.],
and to ensure pertinent conditions of previous approvals related to the development have been
implemented. [It provides discretionary control over precise plans for development.]
Section 125-242.125-2-71, Applicability; plan approval required.
ZONING CODE REVISION•Ramlerer rem"
43 DRAFT 218199
(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 n approval shall be required prior to the construction or installation of
any new structure or development or any addition to an existing structure or development in all districts
except in the RS. RA. FA. A and IA districts.
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which is to be used for minor agricultural 2roducts processin&
(e) Plan approval shall be required in the A district prior to the development of any trailer park.
[(b)] (Q 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 (25-243.125-2-72. 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;
information:
W [a] A site plan, drawn to scale and fully dimensioned indicating clearly the following
[(I)] (A) The location and dimension of the building site;
ZONING CODE REVISION-Rameeyw version
44 DRAFT 218199
structures;
[(Z)] LW The location, size, height, and use of all existing and proposed
[(3)] (C ) All yards and open spaces;
[(4)] CM Location, height, and material of all fences and walls;
[(5)] Z The standard of improvement and location, number, and size of parking
spaces, arrangement and on-site circulation of all off-street parking and loading facilities including points
of access thereto from adjoining streets;
[(6)] (D The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
[(7)] ((al All proposed landscaping and planting; AiW
[(8)] (W All proposed street dedication and improvement[,] if any[; and],
[(9)] (2) Any other information required by rules adopted by the director[.] in accordance
MWITMIXMINQ. ,
Section 25-2-73. Plan approval application requirements for bed and breakfast
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ZONING CODE REVISION-Rammyer vemion
45 DRAFT 218199
Section [25-244.125-2-75, [Consideration of application; decision.l 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, streets, traffic, community characteristics, natural features, and in any
other manner in order to assure and may require:
and improvements;
surroundings;
(A) Adequate light and air, and proper siting and arrangements of all structures
(B) That existing and prospective traffic movements will not be hindered;
(C) That the use is properly landscaped commensurate with the use and its
(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;
parking areas; and
are preserved.
(F) That no potential accident hazards will be created in gaining access to the
(G) That within reasonable limits the natural features, if any, of community value
(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 this 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.]
(a) The director may issue plan approval subject to conditions or changes in the proposal which in
4G ZONING CODE REVISION-Rameeyw version
DRAFT 2IMS
The director may only issue pian a=oval for.-• and breakfast.. 111 1
Ki taiT
the bed and breakfast establishment 2rovides all verification [equired under section 25-2-73,
The director may only pian approvalfor - • 11 • or • the
• •
'Jes all verificatignrequired under section
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1" proposed meets all of • • •1 • 1
The 1 • - L I - decision • either approve or deny a • . 1 approval application
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Section 25-2-78 Appeal of a plan approval decision.
ZONING CODE REVISION -Ramsay*/ version
47 DRAFT VaM9
[(d)] Any person aggrieved by thelap n approval decision of the director may appeal the [decision
in accordance with article 1, section 25-7 of this chapter.] director's action to the board of appeals. in
ZONING CODE REVISION-Rams"er version
48 DRAFT 7/8/99
[Article 2.1 Article 33. [Land Use] Establishment of Zoning Districts.
Section [25-80.125-3-1. Designation of districts.
(a) The [land use] zoning districts of the County shall consist of the following districts:
(1) RS, single-family residential districts ([article 41 article S. division 11.
(2) RD, double -family residential districts (article 5. division 2)
(3) RM, multiple -family residential districts ([article 6] article 5. division 3)
(4) RCX. residential commercial mixed districts (article 5. division 4)
[(4)]5W RA, residential and agricultural districts ([article 71 article 5. division 51.
W FA. family gricultural district (article 5. division 6).
[(5)] A, agricultural districts ([article 8] article 5. division 7).
[(6)] ($1 IA, intensive agricultural districts ([article 91 article 5. division 81.
[(7)] (91 V, resort -hotel districts ([article 101 article 5. division 91.
[(8) CO, commercial districts (article 11).]
[(9)]M CN, neighborhood commercial districts ([article 121 article 5. division 101.
[(10)]UU CG, general commercial districts ([article 131 article 5_ division 111.
[(I1)]LLZ) CV, village commercial districts ([article 141 article 5. division 121.
(W MCX_ industrial commercial mixed districts (article 5. division 131.
[(13)](.L4) ML, limited industrial districts ([article 16] article 5. division 14).
[(12)] LW MG, general industrial districts ([article 15] article 5. division 15).
[(14)] LW O, open districts ([article 17] article 5. division 16).
[(15) U, unplanned districts (article 18).
(16) Combining districts (section 25-81).
(17) CDH, downtown Hilo commercial district (article 26).]
(17) ipzcial districts (articles 6 and 7).
(b) Any
this •!. shall
minimum +1•
district
building site within the comMercial
automaticallybe redeshmated as a
l' • -• • 1 building
date the adoplion this
office (CO) district as oViTYPIT-T-TV77T,
Ir• •un-acial (CQ) district,
•.1 ! building within theunplanned
shall automatically be redesignated
- - -
with 1 -.u -
as an
as of the
l..r
combininiz district,
of of section,
! .! :. minimum • •
which combines a safWX (S) district
district, date the
:! building
or a safW_ flood hazard (SF)
this section, shall be redesignated
within
district with
so that
another zoning
"afeL �.
as of the of adoption
f i.•. 1.. �. (-YI•1
of
I1- ... ..1!•-.
•11••1
• 1 . • 1 •
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1 1
ZONING CODE REVISION-Ramseyer version
49 DRAFT 218199
immediately upon adoption of this section without any action required on the part of any land owner,
The director shall cause all zone maps and the zoning map to be corrected to reflect the redesignation
described in this subsection.
[Section 25-81. Designation of combining districts.
(a) Combining districts shall consist of the following special purpose districts:
(1) S, Safety districts (article 19).
(2) SF, safety flood hazard districts (article 19).]
Section 25-3-2. Designation of special districts The special zoning districts of the County
shall consist of the following:
(1) Kailua Villaize design commission (article 7. division 1).
(2) CDH. Downtown Hilo commercial district (article 7. division 2).
(3) Geothermal subzone districts (article 7. division 3).
(4) PD. Project districts (article 6. division 4).
(l APD Agricultural project districts (article 6. division 5).
Section [25-82.125-3-3. Method and effect of establishment of districts.
(a) Any of the districts listed in sections [25-80 and 25-811 25-3-1 and25-3-2 [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 subse :tion (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 [31$ of this chapter, adopted by ordinance numbers 74 (1967), 109
(1967), 110 (1967), 111 (1967), 187 (1968), and 190 (1969), and any amendments to these maps by
ordinance shall constitute the zoning map of the County. An up-to-date copy of the zoning map shall be
kept for public display in the office of the [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[.]; provided. that
on n significant changes to the boundary of any district may be administratively approved by the director
as 12rovided 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 recodi5cation of, or
ZONING CODE REVISION-Ramseyer version
50 DRAFT 2/x/99
supplementation to this [code] chapter so long as a summary of the ordinance is included in this chapter
or in an appropriate annex to this chapter. The summary which shal! be maintained and updated by the
[planning department] director shall include at a minimum the following information:
(1) Ordinance number and effective date;
(2) General location of land affected or tax map key:
(3) Original district designation; and
(4) Final district designation.
[Article 23. Building Lines, Future Width Lines, and
Plan Lines for Future Streets.
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.]
Section 25-34. Establishment of building lines, future width lines and plan lines for future
streets. Building lines, future width lines and plan lines for future streets may be established and shown
on any section of the zoning map as provided in sections 25-3-3 and 25-8-1 of this chapter,
Section [25-83.125-3-5. Application of district regulations.
(a) The provisions of this chapter for each district shall apply uniformly to each class or kind of
structure or land within the district, except as provided in this [section and elsewhere.] chapter.
[(I)] W [No] AU building, structure, or land [shall hereafter be] used or occupied after May 24.
JW and [no] spy 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)] W [No] Any building or other structure [shall be] erected or altered after May 24, 1967
[to:] shall not:
[(A)] ill Exceed the height;
[(B)] (�,1 Accommodate or house a greater number of families;
[(C)] W Occupy a greater percentage of lot area[;]- if provided by the zoning district;
ZONING CODE REVISION-Ramseyer version
51 DRAFT 218199
[(D)] W Have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein permitted; or
[(E)]SW In any other manner be contrary to the provisions of this chapter.
[(3)] lel No [part] portion of a yard, other open space, off-street parking, or loading space
required about or in connection with any building for the purpose of complying with this chapter, shall
be included as part of a yard, open space, off-street parking, or loading space similarly required for any
other building.
[(4)] W [No] Au yard or [lot] building site existing as of September 11, 1966, shall not be
reduced in dimension or area below the minimum requirements set forth [herein] in this chapter. [Yards
and lots] Any yard or building site created after May 24, 1967, shall meet at least the minimum
requirements established by this chapter. Provided. however. that if the minimum building site in any
zoning district was increased by an amendment to this chapter adopted on December . 1996. any
parcel of land with minimum building site areas established by a zoning ordinance adopted predating
December . 1996. may be developed utilizing yards, building site average width and minimum
buildiniz site areas in accordance with the pre-existing ordinance.
(Q If any ordinance adopted prior to December . 1996, amended the zoning district for any
building site and provided for a future effective date for the amendment, the ordinance shall be
considered to predate this chapter and the buildingis to may be developed in accordance with the
ordinance and the conditions contained in the ordinance. notwithstanding the fact that provisions of this
chapter adopted on December . 1996 conflict with the provisions of the ordinance.
Section 125-84.125-3-6. 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 construed
as following the lot lines;
(3) Boundaries indicated as approximately following city limits shall be construed as
following city limits;
(4) Boundaries indicated as following [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;
ZONING CODE REVISION-Remseyer version
52 DRAFT 2/8/99
(5) Boundaries indicated as parallel to or extensions of features indicated in paragraphs
(1) through (4) of this section shall be so construed. Distances not specifically indicated on the zoning
map shall be determined by the director scaling the distance on the zoning map.
(6) Where physical or cultural features existing on the ground vary from those shown on
the zoning map or in other circumstances not covered by paragraphs (1) through (4) of this section, the
director shall determine the location of such boundaries.
Section 25-3-7 District classification of streets Unless otherwise designated in this chapter
the area of any street. right-of-way or easement is considered to be and shall be classified within the
immediately ad^acent district and if there be more than one district then each shall extend to the center of
the street- right-of-wu or easement.
[Section 25-264.1 Section 25-3-5. Legal effect of establishment of building [line] lines.
future width [line,j lines. and plan [lines.] UnL
(a) Whenever a building line is established along any street[,] on the tonin¢ map. [then] the
minimum front yard for any affected property shall be [equivalent] gpggl to the distance between the
street and the established building line.
(b) Whenever a future width line is established[,] on the zoning tgag, [then for the purpose of
administering the regulations of this chapter, such] lbs future width line shall be [deemed] considered to
be the front property line of Jbjc affected property[, and the],,-Ik area between [such] JU future widthline
and the street (if outside the right-of-way) shall be deemed to be the street right-of-way[.]. and cannot be
considered in computing the minimumyard required on any building site,
(c) Whenever plan lines for a future street have been established[,] on the zoning map. [they] 1!14
plan lines shall be [deemed] considered to be the front property [lines,] ]jpg, 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 yards of any building site shall he
computed excluding any area within plan lines for future streets established on the zoning map.
ZONING CODE REVISION-Ramseyer version
53 DRAFT 218199
[Division 7.1 Division 1. [Supplementary] Use Regulations.
[Section 25-37. Applicability to chapter of divisions 7 through 11. The provisions of
division 7 through 11 of this article shall supplement and be additional regulations governing land use
unless otherwise expressly prohibited by provisions of this chapter.]
Section [25-38.] 25-4-1. Existing buildings. Any building upon which construction 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 [25-39.125-4-2. 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 street on which the building site fronts is dedicated to, accepted and
maintained by the County or has been approved by the appropriate agencies.
system.
(B) The building site is served by a publicly owned and operated water supply
(C) The building site is served by a disposal system, which has been
specifically approved by the department of health.
(2) The street, 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 watersupply 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.
ZONING CODE REVISION -Rammer version
54 DRAFT vsros
(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.
(D) That final occupancy of the dwellings shall not be granted until the
• ! any building no building designed . ! " l human occupancy s1 .
constructed <11 11 permit 1' - .r shall be issuedunless-
(1)
operated water system.or other private, individualmeans of providing . the building
demonstrated -11
(2) A wastewater treatment system for e proposed building has been ap2roved by the
state department of health.
1
tl O1anybuilding 1 any subdivision approved by the director 11. chapter of this
1.1 - 1• 1 1 1' 1- ' 1' 1 . 1 1 1 1 . 1 11 - 1 .. 1 1 1.' • 1 l '. - 1 1 1. 1' 111 1
1 MERT-4WIFIRRI-7-111i11 1 -11'1. 11 'll
chapter 23, by posting a surely bond or other securilp guaranteeing the construction of all of the
subdivision improvements as shown on approved construction drawings and specifications. provided
that final
that o- f any dwelling unit shall not be granted until the subdivision improvements for
the particular increment in which such dwelling unit is situated have been constructed- inspected and
approved by the appropriate County agencies.
[Section 2540. 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.]
ZONING CODE REVISION-Ramasyw vanlon
55 DRAFT verse
[Section 2542. Shoreline setback line regulations.
(a) As used in this section:
(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, the 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 cunning 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:
(1) 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 parcel area is less than
the minimum lot area 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 fout 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 2543. Waiver of requirements in consolidation and resubdivision. If the director
finds that the public welfare and safety will not be violated, the director may waive portions or all of
the requirements and standards of this 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.] 25-43. Establishment of permitted uses. The permitted uses as listed in the
regulations for each 7onin,e district may be established within that district after compliance with the
specific regulations of the district and the general regulations of this chapter.
ZONING CODE REVISION-Rams"w vemiw
56 DRAFT 215/96
Section [25-45.] 25-4-d_ Uses [not listed] prohibited. Any use not listed among the permitted
uses in a zQping district [shall be deemed to be ] ja a prohibited use within that district, except as
otherwise provided [for.] in this chapter,
Section [25-52.125-4-5. [Permits granted pursuant to chapter 205, Hawaii Revised
Statutes.] Uses authorized by other permits. In all districts, all land uses allowed in permits granted
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
thereto. shall be deemed to be permitted uses.
Section [25-47.] 254-6. Use of streets. Except as permitted by the council, no street shall be
used for the display, sale, or private storage of any commodity or any material, nor shall any structure
be placed therein other than a driveway, ramp or similar structure that is necessary for vehicular access
to the adjoining property. This [or any other regulation does not exclude] section shall not prohibit
normal street improvements and those other facilities normally placed in streets.
Section 25-4-7. Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be permitted in the RD. RM- RGX. RA- FA. A. V.
ZONING CODE REVISION-Rems"w version
57 DRAFr 7/8/99
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ZONING CODE REVISION-Rammyof vanion
58 DRAFT 7/9/99
i The 111 •1 contained in any use permit issued for a .-1 .11 breakfast establishmen
prior to the adoption of 1 section shall continueto apply to the bed 1 . breakfast establishment,
notwithstanding provisions to the contrary contained in this section.
Section[2546.]Temporary offices1 1 model homes.
W Temporary real estate offices [and model homes] for new developments shall be permitted
in rthe RS. RD. and RM zonesfor .- developments, • to
• • • 1
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tt.iioo
1 !' .1• • . 1• pll" 1111" • 1' I" 1111'1 1.
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is proposed to be situated must consist of six or more lots and/or units.
[(b)] (Z1 The temporary real estate office [or] and/or model home [use] shall not
[exceed] be used for a period [of] longer than twenty-four months from the date of [official] plan
approval by the [planning] director[. Time], provided that extensions may be granted by the [planning]
director.
[(c)] W If the temporary real estate office is established in a structure not otherwise
permitted in the particular [zoned] z2aing district, the structure shall be removed co -terminus with the
expiration of the temporary real estate office use.
[(d)] L41 The temporary real estate office [or] and/or model home shall be used
exclusively for marketing of lots and/or units located within the development in which it is to be
located. In multi -phased developments, a temporary real estate office or model home may be allowed
for each development phase for a period not to exceed twenty-four months. Time extensions may be
granted by the [planning] director.
[(e)] M 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.
[(f)] (¢1 The temporary real estate office [or] and/or model home shall comply with the
minimum setback and height requirements of the particular [zone] Toning district.
ZONING CODE REVISION-Rams"w vemim
59 DRAFT 2/8/99
[(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 2548. Reserved.]
Section [2549.] 25-4-9. Guest [house.] houses. [No] Qne guest house may gq[y be
established on [any] a building site [having an area of less than] that is at least seven thousand five
hundred square feet[.] in area. [It] A guest house shall not exceed five hundred square feet in gross
floor area, shall not be more than [one story] twenty feet in height, and shall not have [any] a kitchen
[facilities].
Section [25-50.125-4-10, Mobile [dwelling.] dwellings,
[(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:
(1) It 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 dwellings
rkq*TMr4W4no RMWPIUMMeM, rRsTTWITZT-711 Flirt I .
park for less than thirty days in any one location.
Section [25-51.] 254-11. Power lines[; utilities];ytj][ty 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] Any subs ation used by a public [utilities] uldity for the purpose of furnishing
telephone, gas, electricity, [or] water, radio. or television shall be a permitted [uses where the director
finds that the same are] use in any district provided that the use is not hazardous[,] Qr dangerous[, or a
nuisance] to the surrounding [areas] ace& and the director has [granted] jLwd plan approval [therefor.]
for such use.
(c) [Community, public, and public service buildings] Public uses structures and buildings and
community buildings are permitted uses in any district. provided [they conform to the general plan.]
that the director has issued plan approval for such use.
ZONING CODE REVISION-Raamwa vemiOn
60 DRAFT 7/3MV
n r n n •EsTiTIS •• WreTWUNLIAMMMUt F-TAU4ir• • • r r
from every property line a minimum of one foot for every one foot of antenna or tower height
(c ) The tower together with the initial antennas and other equipment proposed to be installed
thereon shall have a hard survivability for sustained winds of at least one hundred miles per hour.
[Section 25-53. Directed exterior lighting. In any district no directed exterior lighting may
be installed or used which is directed into the sky or toward any structure or land beyond the property
line.]
ZONING CODE REVISION-Ramaeyet version
61 DRAFT 219/99
the surroundine area and the director hns
antenna or • may m t . in the
issued • .r approval
RS :D:u and
forsuch
RCX districts
use, - .rrn-t
if a use permitobtained
.r
for r
The minimum - •. •r a
telecommunication
,trr•
and tower are as
follQws,-
Freestanding antennas
and towers shallbe
set back
ftom every 12ropeM
line
n r n n •EsTiTIS •• WreTWUNLIAMMMUt F-TAU4ir• • • r r
from every property line a minimum of one foot for every one foot of antenna or tower height
(c ) The tower together with the initial antennas and other equipment proposed to be installed
thereon shall have a hard survivability for sustained winds of at least one hundred miles per hour.
[Section 25-53. Directed exterior lighting. In any district no directed exterior lighting may
be installed or used which is directed into the sky or toward any structure or land beyond the property
line.]
ZONING CODE REVISION-Ramaeyet version
61 DRAFT 219/99
customer or client
visits 0 neetings.
The drector
may
r -quire additional
parking
spaces where the
1 . I • ol2riate
-• "11"1 1
parking • • !
the u5r Qf guest
Any 1 ' 1
parking with
of , multiple
the written
-family
approval
dwelling 11 ..
of the building
fulfill the parking
•.1" 11,1,•"
condominium
(c) A
• • 1
person desiring to
engage in a
home occupaliQn
that
involves any
of the following
•111
1 all of the•
11 •1
•1 •. 1'1
in subsection
(I) and wilLno
1" 1.11' occupation
involve 1 of
the activities listed
UWCr subsection
(07
Frequent cu•11'
Frequentdeliveries
(3) Storage of
or client
or 1
materiak- supplies
,l 1
or products
related
Ig the home
occupaliQu outside
ZONING CODE REVISION•Ramaeyer version
62 DRAFT 7/8/99
minimum side yards required for a building site in the applicable zoning district
[Division 8.] Division 2. [Supplementary Height Regulations.] Heights
Section [25-54.] 25-4-20• Height [regulation]; general rules.
(a) [Every] N.q building or structure hereafter erected shall [not] exceed the [height limits as
established for the district in which located,] established zoning district height limit- except as
hereinafter permitted or otherwise regulated.
(b) If any existing structure exceeds the established zoning district height limits, it shall not be
further increased in height.
Section [25-55.] 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.] 25-4-22. [Height variances.] Exemptions from height limitations.
[(a) A variance request for additional height shall not exceed the applicable district height
limits by more than ten feet.
(b) A variance request for additional height for accessory structures shall not exceed the height
limit established for the applicable district.]
The following structures are exempt from zoning district height limits under the Specified restrictions:
[(c)] W Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles,
vent nipcs- fans- structures housing or screening elevator machinery and other similar features [tray
exceed the district 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 planting
department; 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 districts
to the height required by considerations of safety and optimum utilization or specifically required by
ZONING CODE REVISION-Rams"w vemim
63 DRAFT 211199
Section
a., lots. A
flaL, loth.
permitted
when suffi6ent
street frontage
available
for more than one
building site,
provided
the following
conditions are
=L
'Me
access drive connectim!••
site with the airm
shallhave minimum
dth of
fiftren
(2) The
access drive shall
be the
sole access
for only one building
site. unless dual
approved by •
director after consultation
with the
chiefr•
minimum side yards required for a building site in the applicable zoning district
[Division 8.] Division 2. [Supplementary Height Regulations.] Heights
Section [25-54.] 25-4-20• Height [regulation]; general rules.
(a) [Every] N.q building or structure hereafter erected shall [not] exceed the [height limits as
established for the district in which located,] established zoning district height limit- except as
hereinafter permitted or otherwise regulated.
(b) If any existing structure exceeds the established zoning district height limits, it shall not be
further increased in height.
Section [25-55.] 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.] 25-4-22. [Height variances.] Exemptions from height limitations.
[(a) A variance request for additional height shall not exceed the applicable district height
limits by more than ten feet.
(b) A variance request for additional height for accessory structures shall not exceed the height
limit established for the applicable district.]
The following structures are exempt from zoning district height limits under the Specified restrictions:
[(c)] W Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles,
vent nipcs- fans- structures housing or screening elevator machinery and other similar features [tray
exceed the district 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 planting
department; 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 districts
to the height required by considerations of safety and optimum utilization or specifically required by
ZONING CODE REVISION-Rams"w vemim
63 DRAFT 211199
rules and regulations of the State public utilities commission.]. not to exceed ten feet above the
• -u r• Mn n
[(d) No height variance may be granted unless it meets the grounds for variance set forth in this
chapter.]
.. ,.. t- ,.. .nn . .r •w r.- r. • . r ..
.. machines. wr- - permitted, provided .•. r machine shall be set back from all
feet as approved 4 the director upon 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 st I in [unless otherwise specified] shall not exceed [fifteen] twenty feet in
height[.] unless otherwise r ified in this chanter.
[Division 9.] Division 3. [Supplementary Area and Average Width Regulations.] Street Frontage.
Lot Areas and Widths.
ZONING CODE REVISION-Ramaayar vamlon
64 DRAFT 1/8/99
(e) No street frontage shall be required for any b Uil ding site where access to the building site is
by means of a roadway easement.
Section [25-58.125-431, Minimum building site area; minimum average width.
(a) Unless otherwise specified in this chapter. each main [use] building must be located on a
building site having not less than the established zoning district minimum building site area [specified
by the regulation of the district in which such use is located].
(b) Any [parcel of land having] building site which has less area or width than that required by
the established zoning 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 building site owns no adjoining
property at the same time.
(c) A [parcel of land] building 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.
Section [25-59.] 25-4-32. Reduction of [area] building site below minimum[.] area.
W [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 existing
building site which is below the minimum building site area, [it] may not be further reduced [further;]
in area. except as provided under section 25-3-5.
QZZ [provided that if any] Any legal building site [is] reduced in area or average width by [no]
n41 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 the remainder
of the buildingsite.
Section [25-60.] 25-0-33. Effect of delinquent tax sale[.]: recordation of land. Any parcel
of land that is not otherwise a legal building site does not become a legal building site by virtue of
being sold at a delinquent tax sale[.] or by reason of recordation of the parcel of land at the state
bureau of conveyances.
Section [25-61.125-4-34, Waiver of minimum [site] building Sitg area for utilities. The
repaired minimum building site area [requirement] may be waived by the director for public utility or
public rights-of-way subdivisions, or both, and [their] ally resulting remnant parcels.
space.
[Division 10.1 Division 4. [Supplementary Yard] Yards and Open Space [Regulations].
Section [25-62.125440, [Supplementary yard] General requirements for yards and open
ZONING CODE REVISION-Ramseyer version
65 DRAFT 1/8/99
(a) On every building site, yards of the minimum width or depth as specified for the
established zoning district [in which located] shall be maintained open and unobstructed from the
ground up, except as specified in [this division.] sections 25-4-40 through 25-4-47
(b) No required yard or open space may fulfill the requirement for more than one building,
building site, or use.
(c) A building site shall have a front yard wherever it has a street frontage, except where the
option of either a front or rear yard is allowed in [CO,] CV and CG districts. [A corner lot shall have a
front yard along both streets, except as provided elsewhere in this section.]
(d) In [CQ] CV and CG districts, where the [lot] building site is bounded by two or more
streets, a minimum of one front yard shall be required. Its location shall be determined by taking into
account the relationship and impact of the development to the adjoining streets.
(e) Unless otherwise specified, yards, open spaces, and distances shall be measured
horizontally.
[(f) No building setback is required fronting a mall.]
Section [25-63.125441, Triangular or irregular building sites.
(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 [Wanner as for a comer building site.
(b) In the event a building site is so irregular in shape that it is impossible to establish side and
rear yards, the director shall view the relationship between [it] the building site and surrounding
property and shall specify the required yards.
Section [25-64.125442, Comer building sites.
(a) On any corner building site, the interior lines shall be side lot lines and all rear yard
regulations shall be inapplicable.
(b) On [every] SAY comer building site in [any district] all zoning districts except [a] ju_d= 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 be any obstruction to vision other than a post, column, or tree trunk clear of branches or
foliage, between the height of three feet and [a height of] eight feet above the level of the street or the
level of the [above-mentioned] point of intersection if the streets are sloping.
Section [25-65.125443, Fences [as] wd accessory structures[; access to main buildings].
(a) [For the purpose of determining yard requirements, a] A=Umeter boundary fence, wall or
similar feature. [less than] six feet or less in height shall not be considered a structure[.] and shall be
permitted without any front, side or rear yard requirements. [All walls, fences, and similar structures
ZONING CODE REVISION-Ramaeyer version
66 DRAFT veres
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 of ten feet between an accessory structure
and a main building. Fences] It, addition. a fence which [are] js constructed of strand material, such as
barbed wire, hog wire, or chain link, which [allow] allows "see-through" visibility [are] js permitted to
a height of eight feet [with no] without any front, side, or rear yard [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.
(c) Any accessory structure including any fence or wall over six feet in height architectural
feature or eater tank which is not connected to a building, may not extend into any required front
side or rear yard but may be located next to any building without any open space requirement
Section [25-66.1254-"- [Projections] Permitted projections into [required] yards and
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,] roof overhangs. eaves, [landing plans,] sunshades, sills frames beam ends cortuces
canopies, porches, balconies, terraces, fire escapes, stairs, ramps, above -grade pools and other similar
features may extend four feet into any required yard or open space that is less than ten feet five feet
when req lir d yard or space 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
esc&pP stair ratan 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.
No above -grade above—gradepool may extend into anyrequired front side or rear yard if the
pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building [separately].
Section [25-67.] 25-445. [Porte-cochere.] Projection of Rome-cocheres. [If a building is
located in a district that requires plan approval, then the planting department by approving the plan
may permit an] An attractively designed porte-cochere [to] may extend any distance into a front yard as
a protection for arriving motorists and pedestrians.
Section 254-46 Proie. ion of Ragh A pool constructed at-ara_ddemay extend any distance
6% ZONING CODE REVISION-Rameeyer version
DRAFT 718/99
Section [25-68.] 25-4;47• Minimum distance between main buildings on same b uil in
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 for accessory buildings.
(a) Unless otherwise permitted or regulated, accessory buildings 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 a ten -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. If 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 [Regulations].
Section [25-70.] 25-450. Off-street parking [spaces; general requirement.] and loading:
plirpme.
(a) [In all districts, in connection with every use, there shall be provided at the time certain uses
are established and at the time any building or structure is erected, enlarged, or is reconstructed or
increased in floor area, off-street parking spaces for automobiles in the number and in accordance with
the requirement set forth in this division.] Parking and loading standards are intended to minimize
street congestion and traffic hazards, and to provide safe and convenient access to residences,
businesses, public services and places_ of public assembly.
((b) 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.]
(b) Off-street parking and loading Spaces shall be provided in such number. at such location
and with such improvements as required as set forth in this division.
Section [25-73.] 25-4-51. [Parking spaces required for various uses.] Required number of
parking spaces.
(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.
ZONING CODE REVISION-RamMw v mjw
68 DRAFT 2/8/99
(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)]W Bed and breakfast [establishment:] establishments: one for each guest bedroom,
in addition to one for the dwelling unit.
[(4)](Z 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 for each employee; for
buildings with no principal assembly area or main hall, one for each two hundred square feet of gross
floor area.]
N 117# 1 •. 1. 1
[(7) Dwelling: one for each family or dwelling unit.]
[(8)]M Funeral homes and mortuaries: [three for each parlor or] one for each
seventy-five square feet of gross floor area[, whichever is greater].
(8) 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 lodes:
(A) For hotel priest units without a kitchen. one for evety three units:
(B) For hotel gt;esr units with a kitchen one and one quarter for each unit.
[(11) Medical or dental clinics or groups and sole practitioners: five spaces for each
professional practitioner.]
(11) Industrial uses in DSL MG MCX RA FA A and IA districts: one for each
[(12) Hotels, apartments, and motels:
ZONING CODE REVISION-Ramaeyer vemkn
69
DRAFT 2IW99
unit; and
(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
(D) Apartments and motels, one and one quarter for each unit.]
[(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.]
shift; or
[(14) Industrial, manufacturing, and research uses:
(A) If possible to determine, one for each employee based on the largest work
(B) If otherwise, one for each eight hundred 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.]
[(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.]
(16) Parr: as determined by the director.
[(17) Community swimming pools: one for each forty square feet of pool area.]
(17) Recreation facilities outdoor or indoor other tharLherein specified: one for each
ZONING CODE REVISION-Ramnyer vemion
70
DRAFT 1/8/99
[(lg) 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 pan 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.]
C.•u I• .TI. ..• I. 9• . . 1. . �•
(19) Schools [(grades k-9): one for every classroom.] (elementary and intermediate):
(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- language,
vocational.businesc technical and trade college)- one for each ten students of design capacity, plus
(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 courts: 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.]
(b) No additional parking is required for any change [in] 4f use in a building[; provided that]
ac long as the previous [use(s)] use of the building had the required [amount] pumbei 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).] walls for that use- provided that additional
parking may required for a change of use in any building where the building is converted from
residential to commercial use or from warehouse and manufacturing use to retail or commercial -=
(c) Where uses and activities do not occur simultaneously, parking space requirements may be
shared, provided that:
(1) The utilization of the combined parking is shown to the satisfaction of the director
to be noncompeting as to time of use;
ZONING CODE REVISION-Ramseyervenion
71 DRAFT 7l8199
(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 [25-75.] 25-4-52, [Location of required off-street parking and loading spaces.]
Method of determining number of parking spaces.
[The off-street parking and loading spaces required in this division shall be located 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
easement to permit same is made a matter of public record.]
(a) When computation of req lit red parking spaces results in a fractional number, the number of
spaces required shall be the next highest whole number.
(b) In stadiums. sports arenas, meeting facilities. and other places of assembly in which
patrons or spectators occupy benches- pews or other similar seatingfacilities. each twenty-four inches
of width shall be counted as a seat for the purpose of determining requirements for off-street p ra kin¢.
(e) If bicycle parking stalls are constructed on any building site, the total_ number of req riL red
parking spaces shall be reduced by one parking space for every five bicycle parking stalls constructed.
(d) At least sixty-seven percent of the required parking shall be standard sized parking spaces,
and thirty-three ree percent may be compact spaces,
fel The director may increase the reglrired number of parking Spaces for any use during plan
approval if the director reviews the proposed use and its impact to the immediate area and _finds that the
increase will further the public safety convenience and welfare.
(fl If there is any doubt as to he requirements for off-street parking for any use not
.,pecifcaljy mentioned or for a Xother reason, the director shall determine the required number of
parking spaces for such use.
Section [25-71.125-4-53, [parking stall dhnension; standards.] Minimum dimensiorg of
parking spaees.
(a) [Each parking space or stall shall have a minimum width of nine feet and a minimum length
of eighteen feet.] Standard -sized automobile parking ,Spaces shall be at least eighteen feet in length and
eight feet six inches in width- with curbside parallel Spaces at least twenty-two feet in length,
(b) [A maximum of thirty-three percent of the 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
ZONING CODE REVISION-Ramseyer version
72 DRAFT 2111199
111,. ,• - 1' 1- ."1 1 "l' 1 .11 -! 1 1" 1 1 1 1
1- ,.
[(c) All parking stalls:
(1) Shall be individually accessible;
(2) May have a three feet unpaved car overhang area; and
(3) In all V, CN, CO, CG, CV, ML, MG and RM districts, shall be paved with an all-
weather, dust free surface.
(d) For any parking 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)](g) Minimum aisle[, driveway or back up space] widths for parking bays shall [consist of
the] be provided in accordance with the following [dimensions]:
Angle of Parking to Curb
to 0° (parallel)
to 450
to 60°
to 900 (perpendicular)
Minimum Width
12'
[11'] IL
18'
24'
[Section 25-72. Access to parking spaces. Except for one duplex dwelling or two single-
family dwellings on any single lot, access to any individual parking space shall not be directly from or to
a street but must be reached from an on-site access driveway of proper design and width to allow for
passage of vehicles and necessary turning movements.]
(b) Excepj for one duplex dwelling or two single-family
dwellings
on any single building site.
-of DWI
6all Tot-bedirectN-fr-Qw-orAGAUVect-hut
.
any permitted 1 the RS, :: : or IA districts, thepavement of parking , .
ces
torenairUTa spaces1•. 11 1. - . ,1 n ., .1,
standing water.
ZONING CODE REVISION-Rameeyer ve on
73 DRAFT 2/W99
. any VaEking sa=• 1 building may 1 1r �ix inches into
the required width.Provided - building column shall notbe located at the enta of parking
space. le notbe cQuaiditred a building column,
Section [25-73-1.125-4-55, Parking [spaces] for [the physically handicapped.] persons 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:
Number of 13' x 18' stalls
Total stall requirement (for handicapped) required
1
11
21-50
1
76- 11
101-200
201 or more
51
:1 accessible building 1. have at least
one accessible routewithin the boundaries
spaces,passenger loading zones
1" building sit- 1.11 12ublic transpgrtation stops. accessibleparking
2rovided. and public streets or sidewalks- to an accessible
connect 1 of travel, minimum clear width•
accessible facilitiesm accessible elements- and accessible pgrking
building entrance, The accessible route shall
1 •\ inches, • accessible buildings.
spaces on the building site in
I to 25 +2
26 to n
51 to 75
76 to 100 4
101 to 150
151 to 200 ¢
ZONING CODE REVISION-Ramaayw venial
74 DRAFT 218419
I
c.l� -OM' 119 I 1- ,a . . 1. . -. - - I I .' .-'. 111- Z 1 1 .-
i .. •- , - al . .1 , . .. c • . • .
-1 •.1 . . - .. 1 •. f 1. .11 1, .l -• "1 . �.�•
1 1.. 1- . 1 . 11.- 1
•11 1 �.. ..- 1� - --. I• 1 ..- 1 I . .1
rollfint' • • .. 1 • . • , t . #11 1 1 1 1 . M.
. L I 1 - 1 . . 1 - 1 - 1 • - • 1 .► . 1 • - • . . 1 1 • • - - 1 1 1 • ' ' . 1 ..
si2a inch wide access aisle.
1+ . • VI -• 1 + • - I- -1IMMUTiMs 1 1. - •1 IMPIM 1 .• 1
Mum
WARSAMY1. 1.. .- 1 111-1 . -♦ • .i•.1 1 11.• i
ZONING CODE REVISION-R9mseyer version
75 DRAFT 218199
WARSAMY1. 1.. .- 1 111-1 . -♦ • .i•.1 1 11.• i
ZONING CODE REVISION-R9mseyer version
75 DRAFT 218199
jrfxti7qMiHTuS Me MITT M- M
S'anave, AccessiWe parking spacesbe designated as reserved by a jgn showing the
��mbol of ,il'tv. Accessible van parking spaces shallhave ., additional sign
111 1 ", •" • 1- It •• • • � •1 ," • ', • 1' ,• •p "•• • •,
is eighly n1-snches minimum above the finish surface of !- accessible parking
(Intemational Symbolof , ►) symbol, T1 - construction of 1 " sign shallbe .080 inch
minimum thickness.aluminum sheet mounted on !uare telesl2ar tubing or approved equal,
(h) In the event
that
the
standards
for accessible
design
(Americans
MIMPM,
milities
Act
• • " 1
" •
I "
- • -
e •
i 11
- 1 • 11 - I
•
!
1 - - ! -
stringent park'ng
requirements shall be
standards
followed.
for
persons
with
disabifities
than those
contained
in this section,
thm
Sectionmore
. all . , 1 • 1 .. 1 •a
grossfloor
Off-street
area
loading
of
1
-street
• . square.
loading
reguiremen
.r single-fami
1.apply
residential! 1 all
zonin2!
,
The
minimum
number
of o
streg
loading
spaces shallbe
as
•uu +1• 1�. 1 111 1111
1 • 1• - • 1• 1 1 1 1 1 1 1
.1• - M. r4•,- •1 1' 1 11 1 111
.I 'Frm, ,rTrTmi ., In, 1 11 '1111
1:1111+44PHWAL ,-y,•,, '111 •1111
-• -,:III
1 .,, •,. 1111
11 4. 1' 1 1 11 • 1. • 1 1 -•
• 1 ' • 1
•• - ,• , • 11 111 1 111
1 1 •1 ,_„, • 111 1111
1 .,, •1 11111 •
11 , IY• •1 1 -•
lKelirRTFaM,i
1 11 11 111
11 111
ZONING CODE REVISION-Rammyr vrlion
%6
DRAFT 7/8/99
1 1
11
.. H (RIGIMMY I11 • •
�
• ' '•
Section
Method of i
I l i• number of l.<. e•.
The aross
floor area of buildina
shall be used to. -•a I
I- required
number of
•..
I.
spaces•
buildiog,
hen
a building is used for more
than one and the grossfloor
u u
I ',
I, •.. ,• .. I.
1..
W -e -kV.
k.
minimum
sl2ac shall
1•,•
be required.
of I. use categocy requiring
the greatest number of
.. -
one loading
number when
The number
such
of •,. I• spaces required
spaces are assigned to serve
may be adiusted to
two or more uses joOntly.provided
fifty percent of
h.
the required
- use
I• -
access • the
loading
When
zone witbout• I• public
-.. loading
streetsor .-
in fractionalnumber.
..required
shallI
computation of
next highest I•
space results a
number.
thenumber
Section [25-74.125-4-58, [Off-street loading space.1 Dimension of loadiagAgaces.
[(a) In any district in connection with every building or part thereof hereafter erected and having
a gross floor area 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)] (yl [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 only one loading space is required and the
total gross floor area is not more than five thousand square feet. the horizontal dimensions of the loading
space shall be ten feet wide and twenty-two feet long, [with a height] and the vertical clearance [of] shall
beat least fourteen feet.
(b) When only one loading space is required and the total gross floor area is more than five
thousand square feet the horizontal dimensions of the loading space shall be twelve feet wide and fifty
feet long. and the vertical clearance shall be at least fourteen feet.
(c) When more than one loading space is required or the total gloss floor area is more than five
thousand square feet, the minimum horizontal dimension of at least half of the required loading spaces
ZONING CODE REVISION•Rams"w vemm
77 DRAFT 2/8199
,, • ' - + I I ' - u.u- . I 1 IRWWSu�'tiu11sSY�llr
• '
1 1 - -- .11 1 •.. 1• .T - . • -
Section 25-4-59. Location and improvement of loading spaces,
•.. .,-L•.1 • •.. .. - 1- fall S-. FM 1 1 •.1
. l l t • 1 . - 1.
.., , .. .,, .. •1 .. Al 2 11.14- M- 611' .
Section 125-76.125-4-59.1. [Determination] Director determination of parking and loading
[space by director.] requirements.
(a) The director may increase any of the requirements in this [division under plan approval only]
chapter for parking spaces and loading spaces. 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] spaces 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 (or .5) and
over shall be rounded to the next highest whole number.]
Section [25-77.] 25.459,2, [Exception] Exceptions to the off-street parking [regulations;
downtown Hilo.) and loading mquirements. The [supplementary] off-street parking [regulations] illld
loading requirements of this [division] chapter shall not apply to the following:
W [that] That area in the City of Hilo, bounded by Kinoole Street, Ponahawai Street, an
imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River.
[Section 25-78. Exception to off-street parking regulations; Kainaliu, Kona. The
supplementary off-street parking regulations of this division shall not apply to those areas]
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CW 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 prol2eM designated as tax
man key no7 7-9-766 to thereal p�perty dggnated as tax map key no� 7-9-922 in Kainaliu, North
Kona.
Section 25-459.3. Landscaping and screening for parking lots and loading spaces,
(a) To provide shade in open parking lots and minimize visibility of paved surfaces parking lots
with more than twelve parking stalls shall provide one canopy forth tree with a minimum of two-inch
caliper for every twelve parking stalls or major fraction thereof and having a planting area or tree well no
less than thirty square feet in area. If wheel stops are provided. continuous Ranting areas with low
ground cover centered at the comer of parking stalls may be located within the three-foot overhangjpace
of parking stalls. Hedges and other landscape elements, including planter boxes over six inches in
height. are not permitted within the overhang space of the parking stalls. Trees shall be sited so as to
evenly distribute shade throughout the parking lot.
(]2) Parking lots of five or more spaces shall be screened from adioining lots On RS. RD, RM.
RCX or RA districts by walls. continuous screening hedges. or earth berths a minimum of forty-two
inches high on the abutting property line.
(c) All loading spaces shall be screened from adicining lots in RS. RD. RM. RCX or RA
districts by a wall six feet in height.
(d) Xeriscape and natiye Hawaiian plant species shall be encouraged.
(e) All landscaping shall be maintained by the propeM owner.
[Division 12.1 Division 6. Nonconforming Uses[,] and Buildings land Land].
Section [25-79.125-4-60. Nonconforming [uses; regulations and requirements.] buildings:
maintenance and repair.
(a) Any nonconforming building, except as otherwise regulated, may be repaired, maintained, or
enlarged provided that any enlargement or addition shall conform in every respect to the regulations for
the district in which it is located.
(b) If the portion of the building that is non -conforming should be destroyed [to the extent of
fifty percent or more of its replacement value,] it may [not] 9J11X be rebuilt [and the remainder of that
particular nonconforming portion shall be removed or brought into conformity. If the destruction is less
than fift)" 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 County building code
for reconstruction and repair of nonconforming buildings. [The department of public works shall
determine the extent of damage to determine whether the building can be rebuilt to its non -conforming
use.]
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Sgction 25-4-61. Continuance of nonconforming uses of land and buildings,
[(c)] W 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:] that [(1) A] H
nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or
increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved
in whole or in part to any other portion of the building site occupied by such non-conforming
use[,except],
(h) [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.
Section 25-4-62. Abandonment of nonconforming use.
[(2)] If any nonconforming use ceases for any reason for a continuous period of twelve
calendar months, or for one season if the use be seasonal, then such use shall not be resumed and any use
of the land or building or both thereafter shall be in full conformity with the provisions of this chapter.
Section 25-4-63. Destruction of building with nonconforming use.
[(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 destruction is
less than fifty percent of its replacement value, exclusive of foundation, then the building may be
restored and such use may be resumed as it existed, provided that such restoration shall be completed
within one year from the date of such damage or destruction. The department of public works shall
determine the extent of damage to determine whether the building may be restored and resume its
existing nonconforming use.
Section 25-d-64. Maintenance of building v ith 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 25-4-65_ Expansion of nonconforming use: changes to building with
nonconforming use.
[(5)] If a use of S 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
ZONING CODE REVISION-Ramswer vemion
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may be enlarged and the building may be changed or added to, provided such enlargement, change or
addition is itself in full compliance with the district regulations.
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81 DRAFT 1/8199
Article . Zoning District Regulates
[Article 4.1 Division 1. RS, Single -Family Residential Districts.
Section [25-118.[ 25-5-1. 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 125-119.125-5-2. Designation of RS districts. Each RS (single-family residential)
district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies
the required minimum building site area in thousands of square feet.
Section [25-120.125-5-3. 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.]
g2 ZONING CODE REVISION-Ramseyw version
DRAFT 7/8/99
• 1 • 1• • parks,playgrounds, -1 If 1 1 pogls. and simila
nei2liborhood recreational.1•
Public-usesand structures,permitted • -section 25-4-11.
(13) Tempomi)� real estate offices. as prmitt�-,d under section 25-4-8
(14) Utility substations, as•-SlI.S-• undcr 5rgtion
• 1 addition to those uses permitted u• •n (a) above. the following- may
permitted 1 l ' district, provided 1 . permit '
(1) Bea and breakfast establishments as permitted under section 25-4-7.
- (2) Care homes.
(3) Churches, temples and synagoytugg,
(4) Crematoriums.
(5) Day care centers.
(6) Golf courses and related golf course uses. including golf 'v' Qranges. golf
maintenance buildings and golf club houses.
(7) Hospitals sanitariums old aae. convalescent, nursing and rest homes.
(8) Maior outdoor amusement and recreation facilities.
(9) Mortuaries.
(10) Schools,
(II)Telecom tin ication antennas and towers.
(12) Yacht harbors and boating facilities.
(c) Buildinas and uses normally considered directly accessory to the uses permitted in this
ce�tion shall also be permitted in the RS district.
Section 125-121.125-5-4. Height [limits.] RMit, The height [limits] limit in the RS district
shall be thirty-five feet.
Section 125-122.125-5-5. Minimum building site [areas.] area, [No RS district shall be
designated as having a] 33m minimum building site area [of less than] in the RS district shall be seven
thousand five hundred square feet[, except as provided in articles 21 ( Planned Unit Development) and
22 (Cluster Plan Development).].
Section [25-123.125-5-6. Minimum building site average width. Each building site in [an]
She RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred
square feet of required building site area in excess of seven thousand five hundred square feet, except
that no building site shall be required to have an average width of more than one hundred fifty feet.
Section 125-124.125-5-7. Minimum yards.
(a) The minimum [yard requirements] yaE" in [an] the RS district shall be as follows:
ZONING CODE REVISION-Rams"er version
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DRAFT 1/8199
(1) On a building site with a required area of seven thousand five hundred square feet to
and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet[.] for a one story building. and ten feet for a two-stor:
(2) On a building site with a required area of ten thousand square feet to and including
nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet[.] for a one story building, plus one additional foot for
(3) On a building site with a required area of twenty thousand square feet or more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
Section [25-125.125-5-8. 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.
If a legal building site in [any] St 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.]
building cite average widths and yards may be approved by the director within a planned unit
development. cluster plan development.
[Article 5.] Division 2. RD, Double -Family Residential Districts.
Section [25-126.125-5-20, Purpose and applicability. The [double -family residential or] RD
(double -family residential) district provides for moderate density [areas] = characterized by the
establishment of single- or double -family dwellings on each building site. It applies to areas with
developed community facilities. It may occupy a transitional area between RS districts and those
districts having a more intense use of land.
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84 DRAFT 2/8/99
Section 125-127.125-5-21, Designation and density of RD districts. Each [double -family
residential district] RD (double -family residential district) shall be designated on the zoning map by the
symbol "RD" followed by the number "3.75" which requires that the minimum land area for each
dwelling unit shall be three thousand seven hundred fifty square feet.
Section 125-128.125-5-22, Permitted uses.
(a) The following uses shall be permitted in the RD [districts:] district:
[(I) Same as the permitted uses in RS districts.]
Adult day care IIn
Bed e1! breakfast • . 1 11 - 1 permitted und- 1
(3) Cemeteries and mausoleums. as permitted _1.' 1 • . -article
Community 1 • permitted 1der section
.. production,
.. . . 1 double -family
Dwellings.single-family,
• II 1 1111 -
1
1 Home 11 occupations. as 1&rmitted under1
Meeting
LJZJu. l- 1. 1ks, aspermitted u1- section
• 11. 11... llarkq. Rlayarounds,-11 . -Iswimming211 •.11simila
neiizhborhood recreational areasand
useL
(14) Public uses and I l i :111 i• under
(15) Tempo[= real estate offices, as permitted under section 25-4-8.
(16) Utilily substations- permitted under. 1
1 addition to thoseusespermittedunder subsection e... 1' followingusesmaybe
permitted 1 the :district,provided that a usepermit issued for 1
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85 DRAFT 215/89
(g) Mortuaries.
(9) Schools.
(10) Telecommunication antennas and towers
(11) Yacht harbors and boating facilities.
(c) BuiIdines and _uses normally cons idere& directly ac -c s orv-to the uses uermittted under this
section shall also be permitted in the RD district.
Section 125-129.125-5-23, Height [limits.] limit The height [limits] jjmj in the RD [districts]
district shall be [the same as the height limits in RS districts.] thirty-five feet.
Section [25-130.125-5-24, Minimum building site area for lot size]. The minimum building
site area [or lot size] in [an] lk RD district shall be seven thousand five hundred square feet.
Section [25-131.125-5-25, 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.] Each building site in the RD district shall have a minimum average width
of siza feet. plus two feet for each five hundred square feet of required building site area in excess of
seven thousand five hundred square feet. except that no building site shall be required to have an average
width of more than one hundred fifty feet.
Section [25-132.125-5-26, Minimum yards. [The minimum yard requirements in the RD
district shall be the same as the minimum yard requirements in RS districts.]
(a) The minimum yards in the RD district shall be as follows:
(3) On a building site with a required area of twenty thousand square feet or more:
(A) Front and rear yards. tweW-five feet: and
(B) Side yards, fifteen feet.
Section [25-133.125-5-27, Other regulations.
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86 DRAFT 7/8/99
(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] ft RD district.
[(c) Location of required off-street parking shall be the same as specified for RS districts.]
(c ) Plan approval shall be required for all new buildings and additions to existing buildings in
the RD district.
(d) Exceptions to the regulations for the RID district regarding heights, building site areas
buildin¢ site average widths and yards, may be approved by the director within a planned unit
development.
[ Article 6.1 Division 3. RM, Multiple -Family Residential Districts.
Section [25-134.125-5-30, Purpose and applicability. The RM (multiple -family residential)
district provides for medium and high density residential use. It covers areas with full community
facilities and services. It may occupy transition areas between commercial or industrial areas and other
districts of less intense land use.
Section 125-135.125-5-31. Designation and density of RM districts.
(a) Each RM (multiple -family residential) district shall be designated on the zoning map by the
symbol "RM" followed by a number which [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 1bg RM [districts.] district.
(c) The maximum density designation in [an] Ik RM district shall be .75 [which means] Q1
seven hundred fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In [an] lk RM district the following density designations shall be used: .75, 1, 1.5, 2, 2.5, 3,
3.5, 4 and upward in 0.5 increments.
Section 125-136.12&&32, Permitted uses.
(a) The following uses shall be permitted in lk 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.
(4) Apartments.
ZONING CODE REVISION-Remmyv vemion
87 DRAFT 218199
(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.]
(6) Community
(7) Crop
(8) Dwellings.
(Q) Dwellings
(10) Dwellings-
buildings, as under section 25-4-11.
production.
double -family or duplex.
multiple -family.
(11) Family
(12)Group
(13) Home
(14) Meeting
(15) Model
L 611 Neighborhood
0e1Phborhood recreational
single-family.
child care homes.
living facilities.
occupations as permitted under section 25-4-13
facilities.
homes asS rmitted under section 25-4-8.
Parks- playgrounds tennis courts swimming pools- and similar
areas and uses.
ZONING CODE REVISION -Rambler version
88
DRAFT 7/8199
(b) in addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the RM district. provided that a use permit is issued for each use.
(1) Care homes.
(2) Churches temples and synagogues
(7) Crematoriums.
(4) Day care centers.
(5) Golf courses and related golf course uses including golf driving ranges. golf
maintenance buildings and golf club houses.
(6) Hospitals sanitariums. old age. convalescent. nursing and rest homes.
(7) Maior outdoor amusement and recreation facilities.
(8) Mortuaries.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(p) Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the RM district.
Section [25-137.125-5-33. Height [limits.] limit.
(a) In areas in the County [other than] outside of the City of Hilo, the height [limits] lirait in Lg
RM [districts] district shall be forty-five feet.
(b) In the City of Hilo, [a height of] the height limit in the RM district shall be one hundred
twenty feet [may be permitted in RM districts].
Section 125-138.125-5_34. Minimum building site area. [Each] The minimum building site in
[an] the RM district shall [contain a minimum of] ltg seven thousand five hundred square feet.
Section 125-139.125-5-35, Minimum building site average width. Each building site in [an]
rhe RM district shall have a minimum average width of sixty feet.
Section 125-140.125-5-36. Minimum yards. Minimum yards in [an] Is RM district shall be as
follows:
(1) Front and rear yards[:], twenty feet[.];
(2) Side yards[:]- eight feet for $ one story building, [eight feet] plus an additional two
feet for each additional story [permitted].
Section 25-5-37 Landscaping, Landscaping shall be provided on a minimum of twenty
percent of the total land area of any building site in the RM district Parking areas shall not be included
within the area required for landscaping on any building site.
Section [25-141.125-5-38, Other regulations.
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89 DRAFT 2/9/99
(a) There may be more than one main building on any building site in [an] tthg RM district.
(b) Distance between buildings on the same building site in [an] Jg RM district shall be at least
fifteen feet.
(c) Plan approval [is] shall be required [of] i4.[ all [uses and] new buildings and additions to
existing b lildin s in [an] jh2 RM district.
Exceptions. the reguiations:u district regarding heights. buildin sitg-ar -,071
buildiniz site averave widths and yards, may be approved by the director within a plan=1
,rm- 1
ZONING CODE REVISION-Rams"w vemion
90 DRAFT ZtM9
4. RCX,
Residential -Commercial
Mixed Use
Districts,
SectionDivision
i,
Purpose and
applicability,The :"1
•lln"
mixed
district
provido
fQr
thenl•.
some
small-scale •W"
commercial
uses ina.that
is
residential
in character.
The
intent of this district is to
allow a residential
area
to have certai
convenience
type of
commercial
usrs
5o as to provide more of a
neiizhborhood
character
to the
residentialprimarily
Section
Desivnation
1. density1 RCX districts,
". district
shallbe
designated
•1 the zQning 11 •..
1 :(residential-commercial11
land
in
by the
square
lodging
symbol:
feet
1 •
for each
followed
dwelling
" 11 \
• , number
unit, or
or • •rilyhouses,
I 1 indicates the
for each separate rentable unit
•r for1 commercial
required
in the
unit.
area.
case of boarding.
thousands
Too
separate
hundred
rentable-unk
1 case
The maximum
1\ square
any of
for 12u=ses
feet of
1' permitted
related
densily dendesignation
land area
uses have dormitories. two
to the required land area
1 the: X district
per dwelling 1 or separate
beds shallbe
in the
shallbe
-1 ..
equivalent
RCX district,
which means
- unit.
• •1.
1
ZONING CODE REVISION-Rams"w vemion
90 DRAFT ZtM9